Herbalife Nutrition Being Active Heart Health Contest
1. Promotion Description and Contest Period: The Herbalife Nutrition Being Active Heart Heath Contest (the “Contest”), will begin on February 7, 2022 at 12:00am Pacific Standard Time and will end on February 14, 2022 at 11:59pm Pacific Standard Time (the “Contest Period”). The Contest provides the opportunity to join our in-person Herbalife24 Triathlon race in Los Angeles, California, tag two friends in the comments and tell us your favorite exercises and why we should select you as the winner of a 2XU $250 gift card (each, a “Submission”). This contest is in no way sponsored by Instagram.
2. Sponsor: Herbalife International of America, Inc., 800 West Olympic Blvd., Suite 406, Los Angeles, CA 90015.
3. Eligibility: The Contest is open to legal residents of the 50 United States and Puerto Rico who are at least eighteen (18) years of age or the age of majority in their in their state or territory of residence at the time of entry. Void where prohibited by law. The Promotion is subject to all applicable federal, state and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein.
4. How to Enter: During the Contest Period, from your Instagram account, you will need to follow us, join our Herbalife24 Triathlon race in Los Angeles, California (see http://herbalife24tri for registration information), tag 2 friends in the comments, and tell us your favorite exercises and why we should select you as the winner! (Note: You will need to create an Instagram account if you don’t already have one. Membership on Instagram is free, and registration for Instagram can be obtained by logging on to http://instagram.com (the “Website”) and following the onscreen instructions to open an account.). Multiple entries are permitted during the Contest Period. All entries submitted in accordance with these Official Rules shall be hereinafter referred to as “Eligible Entries”. In the event of a dispute over who submitted a winning online entry, the authorized subscriber of the Instagram account used to participate in the Contest at the actual time of entry will be deemed to be the entrant. The authorized account subscriber is defined as the natural person who is assigned an Instagram account by Instagram. All entries become the property of Sponsor and will not be acknowledged or returned. All entries must comply with the rules and terms of service of Instagram in addition to Herbalife’s Member Rules of Conduct (if applicable). If you opt to use Instagram via your wireless mobile device (which may only be available via participating wireless carriers and is not required to enter the Contest), standard text messaging and/or data rates may apply for each message sent or received from your handset according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers' rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Contest. Participation in this Contest by mobile device means that you understand that you may receive additional messages by mobile device relating to this Contest, including notifying you if you are a Winner, which may be subject to charges pursuant to your carrier's rate plan. Text messaging may not be available from all mobile phone service carriers and handset models. Mobile device service may not be available in all areas. Check your phones capabilities for specific instructions.
5. Prizes: One (1) Prize Winner will win one (1) 2XU gift card, approximate retail value (“ARV”) $250. The total ARV of all Prizes is $250. The Winner will be recognized on our page @herbalifeusa.
6. Winner Selection and Notification: At the end of the Contest Period, an independent judging panel (the “Herbalife USA Social Media Challenge Committee”) will judge all eligible Submissions for the purposes of selecting one (1) Prize Winner. Submissions will each be judged based on the following criteria: (a) creativity (50%), (b) clarity (50%) (the "Criteria"). The individual who submitted the Submission that is awarded the highest score based on the Criteria will be the potential winner of the Prize. In the event of a tie, the entrant who submitted his/her entry first will be selected. Sponsor is the official timekeeper of this promotion. All decisions of the Herbalife USA Social Media Challenge committee are final and binding and not subject to challenge or appeal.
In order to be declared a Winner, selected entrant must: (i) respond to notification of selection within seventy-two (72) hours of first attempt by Sponsor; (ii) if requested, sign and return to Sponsor within the required timeline, a Publicity Release and a written Affidavit of Eligibility/Declaration of Compliance and Release of Liability, releasing the Promotion Entities from any liability in connection with this Contest or the use, misuse, awarding or possession of any prize (collectively, the “Prize Claim Documents”); and, (iii) otherwise comply with these Official Rules.
Return of any prize or winner notification as undeliverable, inability to reach selected entrant or failure of selected entrant to: respond to notification within seventy-two (72) hours of first attempt by Sponsor or Sponsor’s agent; failure to provide proof of eligibility (if requested), release documents, or other required documentation in a timely manner; or other non-compliance with these Official Rules may result in disqualification, forfeiture of the prize and, at Sponsor’s sole discretion, selection of an alternate eligible entrant for the forfeited prize in accordance with these Official Rules, who will be subject to disqualification in the same manner.
7. Representations and Warranties/Indemnification: Each individual who enters this Contest represents and warrants as follows: (i) the Submission is wholly original; (ii) the Submission does not and will not violate or infringe upon the intellectual property rights or other rights of any other person or entity; (iii) the Submission does not and will not violate any applicable laws, and is not and will not be defamatory or libelous and (iv) the Submission complies with all policies, terms and conditions of the social media site that it was shared to and the policies of Herbalife. Sponsor reserves the right, in Sponsor’s sole discretion, to disqualify an applicable Submission or allow an applicable Submission to remain in the Contest. Each entrant hereby agrees to indemnify and hold the Promotion Entities and Instagram harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder.
8. Grant of Rights: For good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, each entrant hereby irrevocably grants Sponsor, its successors and assigns, a non-exclusive license (but not the obligation) to reproduce, publicly perform, stream, exploit and otherwise use the Submission throughout the universe, in perpetuity, by means of any and all media and devices whether now known or hereafter devised. Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Submission for any purpose which Sponsor deems necessary or desirable, and each entrant irrevocably waives any and all so-called moral rights they may have therein. Sponsor shall have the right to freely assign its rights hereunder, in whole or in part, to any person or entity. Sponsor shall retain the rights granted in each Submission even if the Submission is disqualified or fails to meet the Submission Requirements.
9. Publicity Release: By participating in the Contest, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and any entrant in and/or winner of the Contest, each entrant irrevocably grants the Promotion Entities and their respective successors, assigns and licensees, the right to use such entrant’s name, likeness, and biographical information, and any other personal characteristics, in any and all media for any purpose, including without limitation, advertising and promotional purposes as well as in, on or in connection with www.herbalife.com, the Website, or the Contest or other promotions, and each entrant hereby releases the Promotion Entities from any liability with respect thereto.
10. General Prize Conditions: The Prize Winner shall be responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize. A Prize will be awarded only if the Prize Winner agrees to accept the prize and fully complies with these Official Rules. All portions of the Prize are non-assignable and non-transferable. All details and other restrictions of the Prize not specified in these Official Rules will be determined by Sponsor in its sole discretion. No substitution or transfer will be awarded in lieu of any stated Prize, except that Sponsor, at its sole discretion, reserves the right to substitute a prize (or portion thereof) of comparable value if any prize is unavailable, in whole or in part, for any reason. If any potential Prize Winner is found to be ineligible, declines to accept a prize or has not complied with these Official Rules, such potential Prize Winner will be disqualified, and the applicable prize may be awarded to the runner-up as an alternate winner.
Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Contest. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
11. General Liability Release: Each entrant agrees that the Promotion Entities and Instagram (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Contest or any Contest-related activity, or from prize winner's acceptance, receipt, possession consumption and/or use or misuse of any prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. Sponsor is not responsible for incomplete, misdirected, misprinted, late, lost, damaged, or stolen submissions or prize notifications; or for miscommunications, or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Contest, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. If a dispute as to the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. Sponsor reserves the right to modify, extend, suspend, or terminate the Contest if it determines, in its sole discretion, that the Contest is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, and/or feasibility of the Contest as contemplated herein. In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding prizes or continuing with the Contest as contemplated herein by any event beyond its control, Sponsor shall have the right to modify, suspend, extend or terminate the Contest. If the Contest is terminated before the designated end date, Sponsor will (if possible) select the winner(s) from among all eligible, non-suspect Submissions received as of the date of the event giving rise to the termination. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Headings and captions are used in these Official Rules solely for ease of reference and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof. These Official Rules cannot be modified or amended in any way except in writing by a duly authorized representative of Sponsor. The Contest shall be construed according to and governed exclusively by the laws of the State of California, United States without giving effect to its conflict of law’s provisions.
12. Nature of Relationship/Waiver of Equitable Relief: Each entrant hereby acknowledges and agrees that the relationship between the entrant and the Promotion Entities is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to provide a Submission to Sponsor for purposes of the Contest does not place the Promotion Entities in a position that is any different from the position held by members of the general public with regard to elements of the entrant’s Submission. Each entrant also acknowledges that many names, ideas or stories may be competitive with, similar or identical to the Submission and/or each other. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of any Promotion Entity’s use of any such similar or identical material. Each entrant acknowledges and agrees that the Promotion Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission.
13. No Obligation to Use: Sponsor shall have no obligation (express or implied) to use any Submission, or to otherwise exploit any Submission or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of any Submission for any reason, with or without legal justification or excuse, and contestants shall not be entitled to any damages or other relief by reason thereof.
14. Dates & Deadlines/Anticipated Number of Contestants: Because of the unique nature and scope of the Contest, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Contest. Sponsor cannot accurately predict the number of entrants who will participate in the Contest.
15. Further Documentation: If Sponsor shall desire to secure additional assignments, certificates of engagement for the Submission or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of these Official Rules, then each entrant agrees to sign the same upon Sponsor’s request, therefore.
16. Privacy: Information collected and used in connection with the Contest will be used by Sponsor for the purposes of Contest administration and prize fulfilment, in accordance with its online privacy practices, posted at www.herbalife.com.
17. Official Rules/Winners List: To receive any legally-required winners list or an additional copy of these Official Rules, send a self-addressed, stamped envelope to: Herbalife Nutrition Being Active Heart Heath Contest at 950 West 190th St, Torrance, CA 90502. Please specify “Rules” or “Winners List”. Winners List available for the three (3) months after the end of each Contest Period and rules list available during the Contest Period. You may also view these Official Rules at https://hrbl.me/OfficialRulesH24TriFeb22Contest.