Progressive Nutritional More Enjoyment 2021 National Contest

TERMS & CONDITIONS OF PROGRESSIVE NUTRITIONAL’S MORE ENJOYMENT 2021 NATIONAL CONTEST

The Progressive Nutritional® “More Enjoyment 2021 Contest” (the “Contest”) is held in Canada. This Contest is sponsored by PROGRESSIVE NUTRITIONAL (“Progressive” or “Sponsor”).

ELIGIBILITY:

This Contest is open to all natural persons who meet the below requirements and enter in accordance with Paragraphs 4 or 5 of these Contest Rules (“Entrant(s)”). To enter and be eligible to win a Prize, an Entrant:

 

1. Must be a legal resident of Canada, including at the time of award and use of the prize;
2. Must have reached the age of majority in his/her province or territory of residence at the time of entry;
3. Must not be i) an employee of Sponsor or its subsidiaries, distributors, parent or affiliated companies, and their respective advertising or promotional agencies, or the independent contest judging organization or the prize suppliers, or ii) a member of the immediate family of any of the above persons (“immediate family” means spouses, mothers, fathers, sisters, brothers, sons and daughters, step-sons and step-daughters), or iii) a person domiciled with any of the above persons;

ACCEPTANCE OF RULES:

Participation in the Contest constitutes an entrant's full and unconditional agreement to these Official

Contest Rules (the "Rules"), as may be amended by Progressive at its sole discretion. Winning a Prize (as defined below) is contingent upon fulfilling all requirements set forth herein.

CONTEST PERIOD:

The Contest on June 1, 2021 at 12:00 AM Eastern Time (“Contest Start Date”) and closes on June 25, 2021 at 11:59 PM Eastern Time (“Contest Close Date”) (collectively, the “Contest Period”).

LIMIT OF NUMBER OF ENTRIES:

Only one (1) email address may be used per person participating in the Contest.

Proof of transmission (screenshots or captures, etc.) does not constitute proof of delivery. Entries generated by script, macro, robotic, programmed, or any other automated means are prohibited and will be disqualified. The Sponsor will not be responsible for late, lost, illegible, falsified, damaged, misdirected, mutilated, garbled or incomplete entries, which will be void. All entries become the property of the Sponsor upon receipt and none will be returned.

PARTICIPATION:

1. No purchase necessary. To participate in the Contest, users register for the contest on the contest microsite (progressivenutritional.com/MoreEnjoymentContest).
2. HOW TO PLAY: There are two methods by which you can enter the contest. The
   1. The participant must complete the web form on the contest landing page, including first name, last name, email address and explanation of what they would do with the Prize.
   2. Make an Instagram post with the hashtag #MoreEnjoymentContest2021
3. Participants must agree to the contest rules during the Contest Period. All entries will be submitted for a random draw where winners will be chosen.
4. Incomplete entries or entries received after the expiry of the applicable Contest Period will be considered null and void and ineligible to win any prize.

PRIZES:

A total of thirteen (13) Prizes (individually referred to as a “Prize” and collectively referred to as “Prizes“) are available to be won.

Grand Prize: There will be a total of three (3) grand prize winners. Each grand prize will consist of a $500 Visa gift card.

Runner-up Prizes: There will be a total of ten (10) Runner-up Prizes available to be won. Prizes will consist of a Progressive prize pack (ARV $100 CAD).

WINNER SELECTION:

The Winners will be selected by random draw from all eligible entries that have accepted the Contest Rules.

Progressive will contact the Prize Winners via email/Instagram direct message to inform them that they are a Prize winner. If after exercising reasonable efforts, Progressive cannot reach a participant within two weeks from the first attempt to contact them, Progressive will be free of any liability and may forfeit the prize, or may choose to select a new prize winner in the manner outlined above. If there is a dispute as to the identity of an online participant, the prize will be awarded to the authorized account holder of the email address submitted at the time of entry. The winners will be selected at random from all eligible entries submitted up until the date of each draw. Progressive, at its sole discretion, reserves the right to disqualify any entry it deems as inappropriate or non-compliant.

Progressive will contact the winners by email no later than 5pm EST on July 9th, 2021.

TERMS OF ACCEPTANCE:

Prizes must be accepted as awarded. No prize substitution, assignment or transfer of prizes is permitted, except:

• as otherwise explicitly provided herein; or
• at Progressive’s sole discretion.

Progressive reserves the right to substitute a Prize with one (1) of comparable value or greater value without liability or consent.

The potential winners will be required to claim their prize and sign and return any applicable documents sent by the Sponsor related to the contest, which may include, but are not limited to a letter of prize acceptance, a waiver of liability and an affidavit of eligibility within 1 day of notification. Failure to claim the prize and return documents as specified or if prize notification is returned as undeliverable will result in the Entry being disqualified and an alternate Winner being selected from eligible Entries. Where permitted by law, the Winner agrees to grant to the Sponsor the right to print, publish, broadcast and use, worldwide, in any media now known or hereafter developed the Winner's name, portrait, photo, voice, likeness and biological information as news or information and for advertising and promotional purposes without additional consideration or compensation.

CONDITIONS OF ENTRY:

By entering the Contest, entrants (i) acknowledge compliance with these Official Rules including all eligibility requirements, and (ii) agree to be bound by the Official Rules and by the decisions of the independent contest organization, made in its sole discretion, which shall be final and binding in all matters relating to this Contest. Entrants who have not complied with these Official Rules will be disqualified.

DISQUALIFICATION:

Sponsor reserves the right in its sole discretion to disqualify at any time, any Entrant, winner or other person from participating in the Contest and any future Contest or other promotion conducted by Sponsor, for any reason, including, but not limited to, that it finds or believes to be violating these Contest Rules or tampering with or abusing any aspect of this Contest or the operation of the Website or any other Sponsor-hosted website, or to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.  In the event it is determined that an Entrant has entered in a fashion not sanctioned by these Contest Rules, the Entrant may be disqualified, and all of the Entries submitted by the Entrant may be disqualified. Proof of transmission (screenshots or captures, etc.) does not constitute proof of delivery. Entries generated by script, macro, robotic, programmed, or any other automated means are prohibited and will be disqualified.

RELEASES:

Before being declared official winner(s), selected Entrant(s) will be required to sign a Declaration of Compliance with the Contest Rules and a Publicity/Liability Release, thereby confirming compliance with the Contest Rules and acceptance of the Prize as awarded, and releasing Sponsor, its affiliates, subsidiaries, parent and related companies, advertising and promotional agencies, the independent contest organization and all of their respective directors, officers, shareholders, owners, partners, employees, participating retailers, agents, servants, representatives, successors and assigns (collectively the “Releasees”) from any actions, causes of action, suits, debts, claims, demands and liability whatsoever in connection with this Contest, the prize, or the acceptance and/or use of any prize, or arising out of winner's participation in this Contest. Selected Entrant must complete and return Declaration and Release documents to Sponsor within five (5) business days of the sending of the email containing said documents to be signed, regardless of when they are received. If the requisite documents are not duly signed and returned within this 5-business-day period, then the prize will be forfeited and said Entrant will have no recourse towards the Sponsor or other Releasees. Contest Sponsor reserves the right to randomly select another Entrant from among all eligible entries received during the Contest Period, at Sponsor’s discretion. Once all documents have been verified by Sponsor, selected Entrant will be officially declared a Contest winner and will receive a prize.

LIMITATIONS OF LIABILITY:

Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Submission process or the Contest; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing or judging of Submissions or votes or the tabulating of votes, the announcement of the prizes or in any Contest-related materials; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any prize (including any travel/activity related thereto). Released Parties are not responsible for misdirected or undeliverable Submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third party use of any Submission.

DISPUTE RESOLUTION:

If a dispute arises regarding who submitted an on-line Entry, the Entry will be deemed to have been submitted by the authorized account holder, defined as the natural person who is assigned an e-mail address by an Internet access provider, on-line service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. An entrant may be required to provide proof that he/she is the authorized account holder of the email address associated with the Entry.

Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the Province of Ontario, Canada, without giving effect to any choice of law or conflict of law rules (whether of the Ontario, Canada or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the province of Ontario.

GENERAL:

The Sponsor and the independent contest organization do not assume any responsibility and are not responsible for: (i) the incorrect or inaccurate capture of entry information; (ii) entries which fail to comply with the Official Rules; (iii) any loss, damage, or claims caused by the awarded Prize or the Contest itself; (iv) any failure of the website during the Contest Period, including any problems, human or technical error, printing errors, lost, delayed, garbled data or transmissions, omissions, interruption, deletion, defect or failures of any telephone or computer lines, or technical malfunction of any computer on-line systems, servers, access providers, computer equipment, software, failure of any e-mail; on-line entry to be received on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof including any injury or damage to an entrant’s or any other person’s computer related to or resulting from downloading any material in the Contest, all of which may affect a person’s ability to participate in the Contest; or (v) any other matter whatsoever. Entry material/data that have been tampered with or altered are void.

TERMINATION:

The Sponsor reserves the right to terminate or suspend this Contest or to amend the Official Rules at any time and in any way, without prior notice, for any reason whatsoever. Without limiting the foregoing, if for any reason the Contest is not capable of running as originally planned, for example as a result of tampering or infection by computer virus, the Sponsor reserves the right to terminate the Contest and conduct a random draw from all other eligible entries received prior to the termination of the Contest.

GOVERNING LANGUAGE:

In the event of any discrepancy or inconsistency between the terms and conditions of these Rules and disclosures or other statements contained in any Contest-related materials, including, but not limited to: the Contest entry form and/or point of sale, television, print or online advertising; the terms and conditions of these Rules shall prevail, govern and control.

PRIVACY:

Progressive, its authorized agents and/or representatives may collect, use, and disclose the personal information provided by each entrant at the time they enter the Contest for the purposes of administering the Contest and Prize fulfillment. By entering this Contest, each entrant expressly consents to the use of their personal information for such purposes. By accepting a Prize, a winner hereby consents to Progressive use of the winner's name, city of residence, photo, biographical information, statements, voice and likeness in any advertising and publicity that Progressive may conduct in any media or format, whether now known or hereafter developed, including but not limited to the Internet, at any time in perpetuity, without further compensation or notice to the winner.

For further information about Progressive’s privacy practices, please visit our Privacy Policy at: http://progressivenutritional.com/privacy-policy/