DEVIN ALEXANDER’S “LOSE BEFORE YOU GAIN” SWEEPSTAKES

 

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. WINNER WILL BE REQUIRED TO EXECUTE PRIZE ACCEPTANCE DOCUMENTS AND RETURN THEM WITHIN FIVE (5) DAYS FROM DATE OF ISSUANCE OF NOTIFICATION, AS MORE FULLY DETAILED BELOW. INTERNET ACCESS IS REQUIRED. BY ENTERING, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSORS (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.

 

  1. Eligibility: The Lose Before You Gain Holiday Challenge Sweepstakes (the “Sweepstakes”) is open only to legal residents of the 50 United States and the District of Columbia who are at least eighteen (18) years old and the age of majority in their state of residence at the time of entry. Employees of Devin Alexander, Inc. and suppliers, as well as the immediate family (spouse, parents, siblings and children) and household members of all parties are not eligible. Sweepstakes is subject to all applicable federal, state, and local laws and regulations. Void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Sweepstakes Rules (the “Official Rules”) and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a Prize is contingent upon fulfilling all requirements set forth herein.

 

  1. Sponsor(s): All prizes are being donated by their respective companies. Devin Alexander, Inc. is administering the Sweepstakes. For information, contact fans@devinalexander.com.

 

  1. Timing: Sweepstakes begins on November 1, 2016 at 12:01 AM EST and ends at 11:59 PM EST on November 23, 2016 (the “Sweepstakes Period”).

 

  1. How to Enter The Sweepstakes: During the Sweepstakes Period, enter by visiting Devin Alexander’s Facebook page (the “Sweepstakes Site”) and submitting valid entries (as defined by Devin Alexander) to the Daily Challenge posts (counts as entries for that Daily Challenge prize in addition to entries into the Grand Prize). Daily Challenge entries that do not follow the instructions may be deemed invalid.

 

To participate and be eligible to win the Grand Prize, participants must submit the fields on the registration form (email address) on the designated Sweepstakes Application. Should Devin Alexander discover unethical or fraudulent attempts to earn additional entries into the Grand Prize, all of your entries may be excluded from the Sweepstakes.

 

You must be a member of Facebook and have “Liked” the Devin Alexander Facebook Page in order to participate in Daily Challenge prizes. You must be a member of Facebook and have “Liked” the Devin Alexander Facebook Page to participate in the Grand Prize Sweepstakes. To become a member of Facebook, you may go to facebook.com to join. Membership to Facebook is free. Facebook membership is not guaranteed by Devin Alexander.

 

Multiple entrants are not permitted to share the same email address or Facebook account. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant’s entries and that entrant may be disqualified in Sponsor’s sole discretion. Entries that are forged, altered, incomplete, garbled, or generated by a macro or with intent to subvert the entry process will not be accepted and are void. Entries made by any other individual or any entity, and/or originating at any other web site (other than the Sweepstakes Site) or e-mail address, including, without limitation, commercial Sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified. In the event of a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the registrant or player, but only if that person meets all other eligibility criteria for this Sweepstakes. The “authorized account holder” is the natural person assigned to a given Facebook profile. The potential winner may be required to show proof of being the authorized account holder. As a condition of entering the Sweepstakes, each entrant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Sweepstakes and complying with applicable laws, regulations and rules. All entries must be received by Sponsor during the Sweepstakes Period or they will be void. The Sweepstakes site’s database clock will be the official timekeeper for the Sweepstakes.

 

  1. Random Drawing/Notification: Each potential Prize winner (the “Winner”) will be selected in a random drawing from all eligible entries. Each Winner will be notified by email or Facebook, at Sponsor’s sole discretion, within ten (10) days of the drawing. Except where prohibited by law, each Winner will be required (at Sponsor’s election) to sign and return to Sponsor, within five (5) days of the date of issuance, Sponsor’s standard Affidavit of Eligibility, Liability & Publicity Release and tax documents, as applicable, (“Prize Acceptance Documents”) in order to claim his/her Prize. If any entrant is a minor in his/her state of residence, his/her parent/legal guardian will be required to complete the affidavit on entrant’s behalf and entrant prizes will be awarded to parent/legal guardian. If a Winner cannot be contacted within a reasonable period of time, or fails to sign and return the Affidavit of Eligibility, Liability & Publicity Release within five (5) days, Winner will be disqualified and forfeits the Prize. Winning is contingent upon fulfilling all eligibility requirements. In the event that the Winner is disqualified for any reason, Sponsor will select an alternate Winner by random drawing from among all remaining eligible entries. Any alternate Winner will be subject to all requirements set forth in these Rules. Sponsor is not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s e-mail account to receive e-mail messages. The Prize, if legitimately claimed, will be awarded.

 

  1. The prizes (each a “Prize” and collectively the “Prizes”) will be awarded to Winners of the Daily Challenges according to the posted “Instant Wins” list. The “Grand Prize” (a separate collection of “Prizes”) consists of prizes according to the posted Grand Prize list. Prize award is subject to verification of eligibility and compliance with these Official Rules.

 

Failure to complete the Prize does not relieve the winner of his/her tax obligations associated with winning the prize. All other expenses and costs not expressly listed above are the Winner’s sole responsibility. No transfer, substitution or cash equivalent by the Winner is permitted except as otherwise stated herein. Sponsor reserves the right, in its sole discretion, to substitute the Prize with one of comparable or greater value. Odds of winning each Prize depends on the number of eligible entries received during the Sweepstakes Period. By entering this Sweepstakes and accepting a Prize, the Winner agrees to maintain his/her behavior in accordance with all applicable laws and generally accepted social practices in connection with participation in any Sweepstakes- or prize-related activity. All Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Winner must be a fan of the Devin Alexander Facebook Page to redeem the Prize. The winner understands and agrees that Sponsor or prize providers have the right, in their sole discretion, to disqualify and remove the winner from any activity at any time if the winner’s behavior at any point is uncooperative, disruptive, or may or does cause damage to person, property, or the reputation of Sponsor or otherwise violates the policies of the prize providers, and in such a case, the winner will still be solely responsible for all taxes and other expenses related to a Prize. The Winner is strictly prohibited from selling, auctioning, trading or otherwise transferring any part of the Prize, except in Sponsor’s sole discretion.

 

  1. Board Requirements: Any photo, image or other content posted to Facebook that, in Sponsor’s sole and absolute discretion, (i) is obscene, profane, lewd or defamatory; (ii) violates or infringes (or may infringe) any copyright, trademark, logo, mark that identifies a brand or proprietary right of any person living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light) or entity; (iii) includes anti-social content, a commercial solicitation or promotional materials, or address, phone number, or URL address; (iv) does not meet the requirements outlined in these Official Rules or on the Sweepstakes Website; or (v) is otherwise objectionable, will not be considered and may disqualify the board. Each entrant grants to Sponsor and its affiliates, subsidiaries, assigns, licensees, sublicensees, agents and representatives a worldwide, royalty-free, unrestricted, perpetual, non-exclusive right and license to copy, distribute, transmit, publish, edit, exhibit, disseminate, display, reproduce, create derivative works from and use in any way, throughout the universe and in perpetuity, each submitted Entry, and any reproductions or derivative works thereof, through any and all manners, formats or media now known or hereafter devised (including on the Sweepstakes Website and other websites owned or controlled by Sponsor, its affiliates or anyone acting on Sponsor’s authority), for any and all lawful purposes, and agrees to execute documents, instruments or agreements confirming such right and license (as further defined in section 9 below) at Sponsor’s reasonable request. Any Entry deemed inappropriate or unsuitable, in Sponsor’s sole and absolute discretion, will be disqualified. By entering, the entrant understands his/her posts will be posted online, in Sponsor’s sole and absolute discretion, to be viewed by members of the general public. Sponsor has the sole and absolute discretion to determine whether a submission qualifies as an entry. Entries posted to the “Daily Challenges” must be in keeping with Sponsor’s image and may not be offensive, obscene, profane, lewd or defamatory as determined by Sponsor in its sole and absolute discretion. In such an event, the entry will be disqualified from the Sweepstakes. Normal Internet access and usage charges imposed by entrants’ online service will apply. No information regarding entries, other than as otherwise set forth in these Official Rules or on the Sweepstakes Website, will be disclosed.

 

  1. Release: Entrant hereby waives any right to royalties or other compensation arising from or related to Sponsor’s use of the entry he or she submitted. Sponsor reserves the right to discontinue the use of the entries without notice to any entrant, including the Winners. Entrant hereby represents and warrants to Sponsor that the Board(s) do(es) not and shall not infringe on any copyright or any other right of any third party nor violate any applicable law, rule or regulation, and such entrant hereby agrees to indemnify, defend and hold Sponsor harmless from and against any and all third party claims for intellectual property infringement or from and against any claim arising from or relating to Sponsor’s use of the entry. Entrant hereby waives any right to inspect or approve uses of the entries or to be compensated for any such uses. Except where prohibited, participation in the Sweepstakes constitutes Winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration. By entering this Sweepstakes, each entrant agrees to release, indemnify and hold harmless Sponsor, Facebook, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and Prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claims, damages, attorneys’ fees, costs of litigation and settlement or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes, receipt or use or misuse of any Prize, preparing for, participating in and/or traveling to/from any Prize or Sweepstakes-related location/activity. The Released Parties are not liable to the winner, an entrant or any person claiming through such winner or entrant for failure to supply theorize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond Sponsor’s sole control. Released Parties assume no responsibility and will not be liable for any of the following, whether caused by a Released Parties, the entrant, or by human error: lost, late, incomplete, misdirected, stolen, garbled or illegible entries or postage-due mail; address changes of entrants or entries not received in accordance with these Official Rules; technical, hardware or software malfunctions of any kind, or unavailable network or Internet service provider connections; failed, incorrect, inaccurate, incomplete, garbled, or delayed electronic communications; errors, typos or misprints in these Official Rules, in any Sweepstakes-related advertisements or other materials; failures of any of the equipment or programming associated with or utilized in the Sweepstakes; unauthorized human and/or mechanical intervention in any part of the entry process or the Sweepstakes; technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or 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 Sweepstakes or receipt or use of any prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes.

 

  1. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or any other Promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, 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’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

 

  1. Limitations of Liability: By participating, participants agree to be bound by these Official Sweepstakes Rules, the www.devinalexander.com and Facebook Terms of Use, and the decisions of the Sponsor and its judges which are final and binding in all respects. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Sweepstakes Rules or the rights and obligations of participants and Sponsor in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws. BY ENTERING THE SWEEPSTAKES, PARTICIPANT AGREES THAT: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CAMPAIGN OR SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED $100, BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED $100, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) PARTICIPANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

 

  1. MISCELLANEOUS: The invalidity or unenforceability of any provision of these Official Sweepstakes Rules or the Prize Acceptance Documents will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Sweepstakes Rules or the Prize Acceptance Documents is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Sweepstakes Rules will not constitute a waiver of that provision. Participants agree to waive any rights to claim ambiguity of these Official Sweepstakes Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof.

 

  1. By participating, participants acknowledge that Devin Alexander is not a licensed doctor, dietitian or a medical professional of any sort, nor does she have any medical professionals advising her in creating this competition.   Participants acknowledge that there are dangers and risks to their person involved in participating in any physical activity, not excluding cooking.  Participants further acknowledge that all activity involves certain risks for physical injury, some of which participants may not presently be aware. Because of the dangers of participating in activity, participants recognize the importance and agree to fully comply to seeking advice from participants own medical advisors prior to undergoing any physical activity or changing their diet in any way based on the suggestions within the competition. I understand that Sponsor does not insure participants in any activities and that any coverage would be through personal insurance, and the sponsor has no responsibility or liability for injury resulting from this activity. I voluntarily elect to participate in this activity with knowledge of the danger involved, and I hereby agree to accept and assume any and all risks of property damage, personal injury, or death.

Waiver of Liability and Indemnification: In consideration for being allowed to voluntarily participate in the challenge, on behalf of myself, my personal representatives, heirs, next of kin, successors and assigns, I forever: a. waive, release, and discharge the Sponsor and its agencies, officers, and employees from any and all negligence and liability for my death, disability, personal injury, p or claims of any nature which may hereafter accrue to me, and my estate as a direct or indirect result of my participation in the above referenced activity or event; and b. defend, indemnify, and hold harmless the Sponsor, its agencies, officers andemployees, from and against any and all claims of any nature including all costs, expenses andattorneys’ fees, which in any manner result from participant’s actions during this challenge or following. This release, indemnification, and waiver shall be construed broadly to provide a release, indemnification, and waiver to the maximum extent permissible under applicable law.

 

  1. WINNER’S LIST. A Winner’s list will be available at http://www.facebook.com/devinalexander within a reasonable time after the close of the Sweepstakes, for a reasonable amount of time. In addition, the “Winner’s list” is also available by sending a stamped, self-addressed envelope marked “Winner’s List” to Devin Alexander Inc., c/o Aim Mail Center, 1590 Rosecrans Avenue #D217, Manhattan Beach, CA 90266; RE: Request for Devin Alexander Lose Before You Gain Sweepstakes Winner’s List. Vermont residents may omit return postage.

 

  1. PRIVACY POLICY. Devin Alexander, Inc. is committed to your privacy. No information will be collected about you unless you choose to provide it, and that any personal information which you provide us will be safeguarded and not shared with others for any reason. The only information we ask you to submit is your email address, which is the matched again publically available information provided by Facebook. By entering our Grand Prize Sweepstakes, you are agreeing to receive email communication from Devin Alexander, Inc. You will always have the option of having your personal information deleted from the database and stop receiving communications from us. Please click the “Unsubscribe” button at the bottom of any e-newsletter you receive, or send an email asking to be removed from the list. Our Sweepstakes may contains links to other sites. Please remember that our privacy policy does not apply to other sites and that we cannot be responsible for their privacy policies, if any. Please remember that no one can guarantee the complete security of information transmitted over the Internet. Therefore, you should be careful about the personal information which you provide to us or any other site. Rest assured that we will do everything we can to safeguard your information.

DISCLAIMER: The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Facebook. You understand that you are providing your information to Sponsor and not to Facebook.