Progressive Nutritional “Toronto Raptors’ Jersey Giveaway – Fall Edition” Contest 2021 (“Contest”)
Official Contest Rules (“Contest Rules”)
NO PURCHASE NECESSARY TO ENTER
Void where prohibited by law.
- SPONSOR AND OVERVIEW: This Contest is held in Canada and is sponsored BY BODY PLUS NUTRITIONAL PRODUCTS, INC. (“Body Plus Nutritional Products” or “Sponsor”). The Contest starts on October 30, 2021 at 12:00 AM Eastern Time (“Contest Start Date”) and closes on November 13, 2021 at 11:59 PM Eastern Time (“Contest Close Date”) (collectively the “Contest Period”).
- ELIGIBILITY: This Contest is open to all natural persons who meet the below requirements and enter in accordance with Paragraph 3 (No Purchase Entry) of these Contest Rules (“Entrant(s)”). To enter and be eligible to win a prize, an Entrant:
- CONTEST ENTRY. HOW TO ENTER WITHOUT PURCHASE: To enter and participate in the Contest, visit progressivenutritional.com/contest (“Website”), click on the “Enter” link, and complete and submit the online registration, including your full legal name, e-mail address, mailing address (the “Entry(ies)”). By entering the Contest, each Entrant agrees to be bound by these Contest Rules. Consequently, upon entry, each Entrant shall have to confirm that they have read and do agree to be bound by the Contest Rules, and indicate ‘yes’ or ‘no’ as to whether you wish to opt-in to receive additional information from Sponsor. To be eligible to win a prize, Entrants must submit all Entries online by the Contest Closing Date. Limit of one (1) Entry per person during the Contest Period. Duplicate entries will be void and discarded.
- PRIZES: There are three (3) “Prizes” available to be won, each consisting in a Toronto Raptors’ jersey, an approximate retail value of CAN$149.99. A winner may choose one of the following Swingman jerseys as well as the player featured on the chosen jersey (subject to stocks available): a Swingman Icon Edition jersey, a Swingman Association Edition jersey, a Swingman Statement Edition jersey. Any prize must be redeemed by November 30, 2021 at the latest, after which time the Winner forfeits his/her claim to the prize.
- GENERAL PRIZE RESTRICITONS: If any prize is not redeemed within the delay stipulated, and/or the winner cannot, for whatever reason, avail him/herself of the prize (or portion of the prize), they shall not be entitled to the prize (or portion of the prize), or any compensation, monetary or otherwise. Prizes are non-refundable, non-negotiable, non-transferrable and cannot be redeemed for cash or equivalent dollar value. Regardless of the prize awarded, it will not be replaced if lost or stolen. Each prize is subject to the terms, conditions and restrictions imposed by the Prize Supplier(s), which may be subject to changes. Sponsor will not be responsible, if weather conditions, event cancellations, or other factors beyond Sponsor’s reasonable control prevent a prize or part of a prize from being fulfilled. In any such event, a winner will not be provided with a substitute prize or cash equivalent. The present Contest shall not be interpreted as an offer from the Sponsor to perform any of the above-mentioned operations, or to issue vouchers for said operations.
- NO WARRANTY. The Sponsor has neither made, nor is in any manner responsible for, any warranty or guarantee relative to the prizes, including, but not limited to, quality, mechanical condition, or fitness for a particular purpose. The only warranty applicable to any prize is the manufacturer’s, Tour Operator’s, Prize Supplier’s warranty or other prize supplier’s warranty.
- CONTEST DRAW(S): Winners of the prizes shall be selected by random draw on November 15, 2021, at or around 1:00 PM Eastern Time (“Draw Date”), at the offices of the Sponsor, located at 130 McLevin Ave #1, Scarborough, Ontario M1B 3R6 from the pool of eligible Entries received during the Contest Period and until November 13, 2021, at 11:59 PM Eastern Time, the Contest Close Date. Entrants are limited to winning a maximum of one (1) prize, regardless of the number of Entries belonging to that Entrant. The odds of winning depend on the number of eligible Entries received by Sponsor and decrease as prizes are awarded.
- PRIZE AWARDING: Selected Entrant(s) will be contacted after the Draw Date, between the dates of November 15, 2021 and November 19, 2021, by telephone or email. No correspondence will be entered into except with selected Entrants. If a voicemail or e-mail is left for a selected Entrant, he/she must reply to Sponsor within five (5) business days of the date of the voicemail or email, regardless of when the message is received by Entrant, in order to claim a prize. All Entrants selected as prospective winner(s) are required to first correctly answer a time-limited, mathematical, skill-testing question without assistance of any kind, mechanical or otherwise, and to sign/submit a Declaration and Release as described in Paragraph 11 below, before being officially declared a Contest winner and being allowed to claim a prize. If selected Entrant fails to claim his/her prize within the allowed five (5) business days, and/or submit required documentation described in Paragraph 11 below, an alternate winner will be selected by random draw. Prizes will only be awarded upon verification by Sponsor that winner has fulfilled all requirements pursuant to these Contest Rules. Prizes must be accepted as awarded and no substitutions, transfers, conversions or assignments of prizes will be allowed. Sponsor reserves the right, however, in its sole discretion, to substitute a prize with a similar prize of equal or greater dollar value for any reason whatsoever. In the event that a selected Entrant (i) cannot be contacted or be reached or does not reply within the claim deadline; or (ii) does not answer correctly the mathematical skill-testing question; or (iii) refuses the prize; or (iv) does not comply with the Official Rules; or (v) refuses to sign the Declaration and Liability Release Form; the prize will be forfeited and another random draw or draws will be conducted to select an alternate Entrant in the same manner. If an official winner dies before receiving, participating in, or using a prize, and proof of death is provided by the estate of deceased winner to Sponsor, then a payment equal to the dollar value of the prize shall be made to the estate of deceased winner. Return of any prize/prize notification as undeliverable may result in disqualification and selection of an alternate Entrant.
- 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.
- TAXES: Liability for any applicable taxes imposed by any federal, provincial/state and/or local government, on any prize won, is the sole responsibility of winner.
- 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, the Prize Supplier, the NBA Entities, their respective affiliates, subsidiaries, parent and related companies, agents, 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. Without limiting the generality of the foregoing and for greater certainty, the Prize Supplier, the NBA Entities and each of their respective parent companies, subsidiaries, affiliates, officers, directors, employees, governors, owners, distributors, retailers, agents, assignees, advertising/promotion agencies, representatives, and agents shall have no liability and will be released and held harmless from any claim, action, liability, loss, injury or damage, including, without limitation, personal injury or death to winner or any third party or damage to personal or real property due in whole or in part, directly or indirectly, by any reason, including the acceptance, possession, use or misuse of the prize and/or 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.
- PUBLICITY, USE OF REGISTRATION INFORMATION. By entering the Contest, each Entrant consents to the use of his or her personal information for the purposes of administering the Contest and awarding the prizes. By accepting a prize, winner consents to the use and publication of his/her name, address (city and province), voice, statement and photograph or other likeness, without further compensation, in any promotion, publicity or advertisement carried out by or on behalf of Sponsor in connection with the Contest, in any manner whatsoever including but not limited to print, broadcast or on the Internet. In addition, winners agree that the NBA Entities and their designees and assigns may use the participant’s name, voice, city/province or territory of residence, photos, video or film clips, and/or other visual likeness (if any) for advertising and/or trade purposes and/or for any other purpose in any media or format now or hereafter known without further compensation (financial or otherwise), permission or notification.
- DISCLAIMERS AS TO ENTRIES: Entries are subject to verification and will be declared invalid if they are illegible, incomplete, mechanically reproduced, mutilated, forged, falsified, altered, or tampered with in any way. Without limiting the generality of the foregoing, Releasees are not responsible for any such Entries or for lost, late, stolen, misdirected, incomplete, damaged, destroyed or non-delivered submissions and/or Entries or other errors of any kind in connection with this Contest, such as but not limited to any human error or technical or technological error or issue that might prevent the Sponsor from generating or awarding the Entries. The Releasees will not be liable for any prejudice, damages or inconvenience suffered by anyone, namely the Entrants and winners, in connection with their entry in, their exclusion or disqualification from the Contest or in connection with the award or use of the prizes. Any use of automated devices is prohibited. In the event of a dispute regarding eligibility, the submission of an entry, exclusion or disqualification, all decisions of the Sponsor shall be final.
- FURTHER DISCLAIMERS: Without limiting the scope of any other provision of these Contest Rules, namely that of the release provided in Paragraph 11 (Releases) above, and for greater certainty, Releasees will not be held liable for: a) any incomplete or inaccurate information, whether caused by Entrants or by any equipment or programming associated with or utilized in the Contest, or by any technical or human error which may occur in the processing of entries; b) the theft, destruction or unauthorized access to, or alteration of, entries or the Contest equipment; c) any problems with, or technical malfunctions of, telephone networks or lines, computer on-line systems, servers or providers, computer equipment, software, viruses or bugs, including interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), website, telephone or other connections, availability or accessibility, or miscommunications, or failed computer, satellite, telephone or cable transmissions, or lines, or technical failure or jumbled, corrupted, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures, or technical errors or difficulties or other errors of any kind whether human, mechanical, electronic or network or the incorrect or inaccurate capture of Entries or other information or the failure to capture, or loss of, any such information; d) any failure of any e-mail to be received by or from Sponsor for any reason including but not limited to traffic congestion on the Internet or at any website or combination thereof; or e) damage to an Entrant’s or other person’s system or device occasioned by participation or downloading of materials in this Contest.
- In the event any portion of this Contest is compromised in any way, by virus, bugs, non-authorized human intervention or any other causes beyond the control of Sponsor, which in Sponsor’s opinion, prevents the Contest from running as planned; or should any error or other event result in more than the stated number of prizes of any category being claimed; then Sponsor reserves the right, in its sole discretion, subject to applicable law (namely to obtaining the approval of the Régie des alcools, des courses et des jeux for the province of Quebec), to amend, cancel, suspend or terminate the Contest at any time. In such event, Sponsor reserves the right to randomly select winner(s) and award any remaining prizes, from all eligible entries received during the Contest Period up to the point of early termination, the award of which shall be in accordance with these Contest Rules, but subject to the necessary adaptations due to the circumstances. In no event will more prizes be awarded than as provided in these Contest Rules. In Quebec, any termination will be subject to the approval of the Régie des alcools, des courses et des jeux.
- QUEBEC RESIDENTS: Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.
- Any attempt by an Entrant or anyone to damage or undermine the legitimate operation of the Contest may be a violation of criminal and civil laws. Should such an attempt be made, the Sponsor may refer anyone suspected of doing so to the competent law enforcement authorities and reserves the right to claim damages from any such person to the fullest extent permitted by law.
- SOCIAL MEDIA. This Contest is made independently from any social media. Without limiting the generality of the foregoing, this Contest in no way sponsored, endorsed, administered by, associated, or made in partnership with any social media, such as Facebook or Instagram. By entering, Entrants understand that they are providing their information to Sponsor and not to a social media like Facebook or Instagram, and that any questions, comments, or complaints regarding the Contest itself, must be directed to Sponsor, and not such social media.
- CONTEST GENERAL RULES: This Contest is subject to all applicable federal, provincial and municipal laws and/or regulations and every action taken by an Entrant in conjunction with the Contest must comply with these laws and regulations. This Contest is void where prohibited or restricted by law.