12 Days of Christmas – OFFICIAL RULES

12 Days of Christmas – OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

1. PROMOTION DESCRIPTION: The sweepstakes will be a total of 12 days long and there will be a prize and one winner each day. Sweepstakes begins on 12/14/2020 10am PST and ends on 12/25/2020 8pm PST

The sponsor of this Contest is Vitamin Well USA LLC  (“Sponsor”). By participating in the Contest, you unconditionally accept and agree to comply with and abide by these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects. Sponsor is responsible for the collection, submission, and processing of Entries and the overall administration of the Contest. You should look solely to Sponsor with any questions, comments or problems related to the Contest. Sponsor may be reached by Email: [email protected] during the Promotion Period.

2. ELIGIBILITY: Open to any permanent legal resident of the fifty (50) states of the United States and the District of Columbia who has reached the age of majority in his/her state of residence (the “Entrant”). Employees of Sponsor, its affiliates, subsidiaries, advertising and promotion agencies, and suppliers, their immediate family members, and those living in the same household are not eligible to participate in the Contest. This Contest is subject to all applicable federal, state, and local laws and regulations and is void where prohibited or restricted by law.

3. PRIZE: 12 winner over 12 days one winner each day  winners will receive Day 1: 8 cases of NOCCO, Day 2: No Bull Shoes, Day 3: Wit Workout Set, Day 4: Wrkethics Gift Card, Day 5: Flip-flops and 2 cases of NOCCO, Day 6: 4 boxes of Barebells, Day 7: Yeti Water bottle and cooler lunch box, Day 8: Goodr sunglasses, Day 9: Rhone gift card, Day 10: 4 cases NOCCO, Day 11: 4 NOCCO cases, Day 12: Lift with Cass program, NOCCO, Yeti cooler bag, Rhone gift card. Approximate retail value per prize per day is $100-$450 USD

Only one prize per person and per household will be awarded. Prizes cannot be transferred, redeemed for cash, or substituted by any winner. Sponsor reserves the right in its sole and absolute discretion to award a substitute prize of equal or greater value than any prize described in these Official Rules for any reason. The ARV of the prize represents Sponsor’s good faith determination. That determination is final and binding and cannot be appealed. If the actual value of the prize turns out to be less than the stated ARV, the difference will not be awarded in cash or otherwise. Sponsor makes no representation or warranty concerning the appearance, safety or performance of any prize awarded. Restrictions, conditions, and limitations may apply. Sponsor will not replace any lost, stolen, or misdelivered prizes. Any and all prize related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of the winner. Prizes will only be awarded and/or delivered to addresses within the fifty (50) United States and the District of Columbia. Any prize-related expenses, including all federal, state and/or local taxes, fees, and surcharges, are the sole responsibility of the prize winner. Failure to comply with the Official Rules, as determined in Sponsor’s sole and absolute discretion, will result in forfeiture of the prize.

4. CONTEST – HOW TO ENTER: You may enter the Contest via Instagram.  If you do not have an Instagram account, you can register for a free account at www.instagram.com. Follow @nocco.usa on Instagram (http://instagram.com/nocco.usa). Like instagram post and comment, multiple entries are valid. Repost picture on your instagram story for an additional entry.

5. Automated or robotic Entries submitted by individuals or organizations will be disqualified. Internet entry must be made by Entrant. Any attempt by Entrant to obtain more than the stated number of Entries by using multiple/different email addresses, identities, registrations, logins or any other methods, including, but not limited to, commercial contest/Contest subscription notification and/or entering services, will void Entrant’s Entries and that Entrant may be disqualified. Final eligibility for the award of any prize is subject to eligibility verification as set forth below. All Entries must be posted by the end of the Promotion Period in order to participate. Sponsor’s database clock will be the official timekeeper for this Contest.

6. ENTRY RULES.  In order for an Entry to be valid, the Entry post (including the photograph and caption) cannot: (a) be sexually explicit or suggestive, violent, derogatory of any ethnic, racial, gender, religious, professional, age, or other group, profane, or pornographic; (b) contain or reference nudity or any materially dangerous activity; (c) promote use of alcohol, illegal drugs, tobacco, any activities that may appear unsafe or dangerous, or any particular political agenda or message; (d) be obscene or offensive (in Sponsor’s sole discretion) or endorse any form of hate or hate group; (e) contain trademarks, logos, or trade dress owned by others (except Sponsor or its affiliates) or contain any personally identifiable information, such as email addresses, street addresses, or identification numbers; (f) contain copyrighted materials owned by others without permission; and (g) contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission.

By submitting your Entry (including your Entry photograph) you warrant and represent that: (a) it has not previously been submitted for or received any awards; (b) it does not infringe upon the copyrights, trademarks, rights of privacy, publicity, or other intellectual property or other rights of any person or entity; (c) the other individuals depicted or referenced in the entry, if any, have given written consent to its entry into the Contest and use as contemplated by these Official Rules (if a minor is depicted or referenced in the entry, he/she must be the child or legal ward of the Entrant); and (d) publication of the Entry via various media, including posting on the internet or in social media, will not infringe on the rights of any third party.  You agree to indemnify and hold harmless Sponsor from any claims to the contrary.  You agree to provide proof of any required third-party permissions upon request by Sponsor.  Any entry that, in the sole opinion of Sponsor, is deemed to be inappropriate for publication or inclusion in the Contest for any reason will be disqualified.

7. CONTEST: JUDGING CRITERION AND WINNER SELECTION: All eligible Entries received throughout the Promotion Period will be judged by Sponsor or its designated representatives. The judging will be conducted about 10 days after the Promotion Period. The winner(s) of the Contest will be selected based on Following, liking, sharing and commenting on post. Sponsor’s decision will be final and unappealable.

8. WINNER NOTIFICATION: The winner[s] will be notified by Instagram Direct Message[s] sent to the account posting the Entry approximately 10 days after the random drawing. The Direct Message will include instructions for claiming the prize, and the potential winner must follow all directions included in the Direct Message in order to receive the prize.  If the potential winner is ineligible, fails to respond to the Direct Message as instructed within fourteen (14) days from the time it was sent, fails to cooperate with Sponsor in its attempts to deliver the prize, cannot be contacted for any reason, or fails to timely complete and return any affidavit, declaration, release, or other document requested by Sponsor, the prize may be forfeited and an alternate winner may be selected.  The winner’s receipt of the prize offered in the Contest is conditioned upon compliance with all applicable federal, state, and local laws and regulations. In the event of a dispute as to the identity of a winner, the winning entry will be deemed to have been made by the authorized account holder of the Instagram account at the time of entry.  The “authorized account holder” is the natural person to whom an account is assigned by Instagram.

ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AT SPONSOR’S SOLE DISCRETION) WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS A WINNER OF THE CONTEST, AND ALL PRIVILEGES AS A WINNER WILL BE IMMEDIATELY TERMINATED.

9. PRIVACY: Any personal information supplied by Entrant will be subject to Sponsor’s privacy policy posted at https://nocco.com/us/privacypolicy/. By entering the Contest, Entrant consents to the collection, use, and disclosure by Sponsor of your personal information for (a) the administration of the Contest, (b) exercising the rights granted by you in Section 10, and, unless you otherwise indicate, (c) other marketing and consumer research purposes.

10. RIGHTS GRANTED BY ENTRANTS: By entering the Contest, Entrant understands that Sponsor, anyone acting on behalf of Sponsor, or its respective licensees, successors, and assigns will have the right, where permitted by law, without any further notice, review, or consent, to print, publish, broadcast, distribute, modify, and use, worldwide in any media now known or hereafter in perpetuity and throughout the World, your Entry, including, without limitation, your name, portrait, picture, voice, likeness, image, Entry photograph and caption, or statements about the Contest, and your biographical information as news, publicity, or information and for trade, advertising, public relations, and promotional purposes without any further compensation.  You warrant and represent that you have all required rights and permissions for the contents of your Entry.  If requested, you agree to sign any documentation required by Sponsor or its designees to make use of these rights.

11. TERMS:  Sponsor reserves the right at its sole discretion to cancel, terminate, modify, or suspend the Contest should (in its sole discretion) a virus, bugs, non-authorized human intervention, fraud, or other causes beyond its control corrupt or affect the administration, security, fairness, or proper conduct of the Contest.  In such case, Sponsor may select the winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor.  Sponsor reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Contest, including any website or computer system used to administer the Contest, or violates these Official Rules.  Sponsor has the right at its sole discretion to maintain the integrity of the Contest, to void entries for any reason, including, but not limited to, entries from the same user in excess of the entry limit, or the use of bots, macros, scripts, or other technical means for entering.  Any attempt by an Entrant to deliberately damage any website or computer system used to administer the Contest, or otherwise to undermine the legitimate operation of the Contest, may be a violation of criminal and civil laws.  Should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.  Sponsor also reserves the right in its sole and absolute discretion to extend the Promotion Period for any reason by posting a revision of these Official Rules identifying the extended Promotion Period on its website and/or via Instagram before the close of the original (or previously extended) Promotion Period.

12. LIMITATION OF LIABILITY: Sponsor assumes no responsibility or liability for (a) any incorrect or inaccurate entry information, or for any faulty or failed electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of Entries at any point in the operation of this Contest; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, camera, computers or providers utilized in any aspect of the operation of the Contest; (d) inaccessibility or unavailability of any network or wireless service, the Internet or website or any combination thereof; (e) suspended or discontinued Internet, wireless or landline phone service; or (f) any injury or damage to any Entrant’s or to any other person’s computer or mobile device which may be related to or resulting from any attempt to participate in the Contest or download of any materials related to the Contest.

By entering the Contest, you agree to release and hold harmless Sponsor, Instagram, and their subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, members, and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such Entrant’s participation in the Contest and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof, (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware, satellite, or software; (iii) the unavailability or inaccessibility of any transmissions or telephone, wireless, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Contest; and (v) electronic or human error that may occur in the administration of the Contest or the processing of entries.

13. SOCIAL MEDIA PLATFORM DISCLAIMER: This promotion is in no way sponsored, endorsed, or administered by, or associated with, Instagram. Entrant understands that Entrant is providing Entry information to Sponsor and not to Instagram. By participating via the Instagram platform, Entrants are also subject to Instagram’s data policy and terms of use, which you may access at https://help.instagram.com/155833707900388.

14. OFFICIAL RULES & WINNER LIST: To obtain a copy of these Official Rules or a list of winners, send a request via email to [email protected]

15. CHOICE OF LAW AND JURISDICTION: THIS CONTEST IS GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA AND CALIFORNIA STATE LAW WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES.  Except where prohibited, Entrant agrees that any and all disputes, claims, and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by a court located in Orange County, California, having jurisdiction. Further, in any such dispute, where and to the extent permitted by law, under no circumstances will you be permitted to obtain awards for, and hereby waive all rights to claim, punitive, incidental, or consequential damages, including reasonable attorneys’ fees, other than your actual out-of-pocket expenses (i.e., costs associated with entering this Contest), if any, and you further waive all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, Entrant’s rights and obligations, or the rights and obligations of Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the United States and the state of California, without giving effect to any choice of law or conflict of law rules (whether of the state of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state of California.

16. SPONSOR:Vitamin Well USA LLC , c/o B-Reel, 1633 electric Ave, Venice, CA 90291, United States, [email protected]