Instagram Giveaway Rules
Submitting an entry constitutes your full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which shall be final and binding on all matters relating to the Giveaway.
PLEASE READ: These Rules contain a mandatory arbitration agreement requiring you to resolve any disputes between you and Activ Nutritional LLC through final and binding arbitration on an individual basis and requiring you to forgo jury trials, class or collective actions or proceedings, and all other types of court proceedings of any kind. Unless you opt out of the arbitration agreement following the procedures set forth in Section 2 below, you will be bound by this arbitration agreement. By entering the Giveaway, you acknowledge that you understand and expressly agree to the mandatory arbitration agreement.
1. Sponsor: Viactiv Omega Boost Giveaway (“Giveaway”) is sponsored by Activ Nutritional LLC (“Sponsor”), distributor of Viactiv® products. Please read these Official Rules (the “Rules”) carefully as they constitute a legal agreement between you and Sponsor governing your participation in the Giveaway. By entering the Giveaway, you agree to be bound by the Rules. If you do not agree to be bound, please do not enter the Giveaway. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook®, Instagram® or any other platform on which it is being promoted, nor is it endorsed by any specific retailers utilized for prizing values. By entering you understand that you are providing your information to the Sponsor and may be contacted for entry clarification or prize fulfillment. Information will not be shared or sold.
2. Binding Arbitration; Class Action Waiver & Jury Trial: Waiver of Jury Trial; Mandatory Binding Arbitration: By agreeing to these Rules, you agree EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING OR CLAIM OF ANY NATURE RELATING TO THE GIVEAWAY OR THESE RULES (“DISPUTES”), AND ACKNOWLEDGE THAT THE FOREGOING WAIVERS IS KNOWING AND VOLUNTARY. You also agree that any Dispute shall be resolved through confidential, binding arbitration in accordance with the rules of the American Arbitration Association (“AAA”), and not in a court of law in any jurisdiction, and not in a class, representative, or consolidated action or proceeding, as further set forth below.
You and Sponsor agree that the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Rules are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
Class Action Waiver: You acknowledge and agree that you and Sponsor are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Sponsor agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the entirety of the Arbitration Agreement set forth in this Section 2 shall be deemed null and void in its entirety, and the parties shall be deemed to have not agreed to arbitrate disputes on a class basis.
Notwithstanding the parties’ agreement to resolve all Disputes through arbitration, you and Sponsor each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyright rights, trade secrets, patents or other intellectual property rights.
Opt-Out Procedure: You can choose to reject this Arbitration Agreement by sending Sponsor a written opt-out notice (“Opt-Out Notice”) within 30 days following the date you first agree to the Rules by email at ViactivCalciumChew@gmail.com or by mail at 141 Tompkins Avenue, Suite #302, Pleasantville, NY 10570. If mailed, the Opt-Out Notice must be post-marked no later than 30 days following the date you first agree to these Rules. To be effective, the Opt-Out Notice must contain your name, address, and signature. If you opt-out of the Arbitration Agreement, all other parts of the Rules will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may enter with Sponsor. Rules, Procedures & Governing Law: The arbitration will be administered by AAA under its Consumer Arbitration Rules and any supplementary rules then in effect (the “AAA Rules”), except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling the AAA at (800) 778-7879. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Rules. Notwithstanding any choice of law or other provision in the Rules, you and Sponsor agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement of proceedings pursuant thereto. It is the intent of the parties that the AAA Rules and FAA shall preempt all state laws to the fullest extent permitted by law. If the AAA Rules and FAA are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of New York, without regard to its choice or conflict of law provisions. A party who wishes to start arbitration must submit a written Demand for Arbitration to the AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. You can contact the AAA for more information on how to commence an arbitration proceeding at www.adr.og or (800) 778-7879.
For claims under $10,000, you may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. If your claim is at or above $10,000, your right to a hearing will be determined by the AAA Rules.
Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s applicable rules. We will reimburse those fees for claims totaling less than $10,000, unless the arbitrator finds your Dispute frivolous. If Sponsor prevails in arbitration, it will pay all of its attorneys ’fees and costs and will not seek to recover them from you.
Changes to Arbitration Agreement or Class Action Waiver: Notwithstanding the provisions of Section 2, if Sponsor changes any of the terms of this Section after the date you first accepted these Rules (or accepted any subsequent changes to these Rules), you may reject any such change by sending us a written notice of such rejection within 30 days of the of the date such change became effective, as indicated in the “Last Updated” date above. This written notice must be provided either by email at ViactivCalciumChew@gmail.com or by mail at 141 Tompkins Avenue, Suite #302, Pleasantville, NY 10570. In order to be effective, the notice must include your full name, address, and signature, and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and Sponsor in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Rules (or to any subsequent changes to the Rules).
3. Giveaway Timing: The Giveaway begins 1:00pm Eastern Time (“ET”) on August 31st, 2023 and ends 1:00pm on September 7th, 2023 (the "Giveaway Period").
4. Eligibility: The Giveaway is open only to legal residents of the fifty (50) United States and the District of Columbia who are eighteen (18) years of age or older as of the date of entry. All federal, state and local laws and regulations apply. Void where prohibited by law. Employees of Activ Nutritional LLC (the "Sponsor"), their respective parents, subsidiaries, divisions, affiliates, suppliers, distributors and advertising, promotional and judging agencies, RLA Collective, a Ruder Finn Company (“Giveaway Administrator”), and their immediate family members (spouses, parents, children, and siblings and their spouses) and household members of each (whether related or not), are not eligible to participate or win. By entering you agree that you are 18 years of age or older at the time of entry, an eligible US resident, and you are giving the Sponsor permission to contact you regarding your entry and or for future promotions & brand information if you choose to opt-in for future communication.
5. How to Enter the Giveaway: No purchase necessary. To enter, follow the Viactiv Instagram account https://www.instagram.com/viactiv/, like the post, and tag another Instagram account in the comments within the Giveaway post. For a bonus entry share the post to your Instagram story and tag us (Instagram profile must be public). In the event of a dispute as to any registration, the authorized account holder of the Instagram account used to enter will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an Instagram account by Instagram. The potential winner (“Winner”) or winners (“Winners”) may be required to show proof of being the authorized account holder. If you enter using your mobile phone and need to be contacted by the Sponsor, standard data fees/rates may apply. See your wireless provider for pricing plan details. Entries generated by script, macro or other automated means and entries by any means which subvert the Entry process are void. All Entries become the sole property of the Sponsor and will not be returned, shared or sold however, it may be used in the Sponsor’s social channels and website at the Sponsor’s discretion, in compliance with applicable law.
6. Privacy: Trust is a cornerstone of Sponsor's corporate mission and the success of its business depends on it. Sponsor is committed to maintaining your trust by protecting personal information they collect about you. Information collected from entrants is subject to Sponsor’s Privacy Policies. Sponsor: https://viactiv.com/privacy-policy/. The entrant agrees to the collection, processing and storage of his/her personal data by Sponsor for purposes of the Giveaway and Sponsor’s promotional purposes and for future contact should entrant’s opt-in for additional/future information from the Sponsor, in compliance with applicable law.
7. Random Drawing: The potential Winner(s) will be selected in a random drawing, held on or about 1:00pm EST on August 31st, 2023, from among all eligible entrees received during the Giveaway period. Drawings will be conducted by Giveaway Administrator, an independent judging organization whose decisions are final on all matters relating to Giveaway.
8. Winners: Three (3) winners will be notified via Instagram private message to the account provided on the official entry form and by having the prize packs mailed to the address provided (no PO boxes accepted) on the official entry form. No other notification will be provided, and winners names will not be announced publicly unless given their explicit permission. If this address is in an area where this Giveaway was void by law, this Winner will be considered ineligible and a new Winner will be randomly selected for that Giveaway prize. Winners can expect to receive their prize within four (4) weeks following the prize announcement of the specific Giveaway or sooner at Sweepstake Administrator’s discretion. Limit of one prize package per household per entry period. Any prize returned as undeliverable will be awarded to an alternate winner (by random selection). Except where prohibited by law, acceptance of a prize shall constitute and signify the Winner’s consent that the Sponsor may use the Winner’s name, address (city and state only), and likeness and any written statements made by the Winner about the Giveaway and Sponsor for promotional purposes, in all forms of media, including online on Facebook, Instagram, Twitter, etc., in perpetuity and without monetary payment or additional consideration, in compliance with applicable law.
9. Prizing: Winners will be randomly selected from all eligible entries. Three (3) prize winners will one (1) One box of Omega Boost Gel Bite Gummies. Total individual prize value is approximately $39.99 U.S.D excluding shipping and handling depending on location to which it is shipped. All federal, state, and local taxes are the sole responsibility of the winner.
Any expenses not mentioned above are the Winner’s responsibility. Taxes are the Winner’s responsibility. Prizes are not transferable or redeemable for cash. No substitution for prize except as may be necessary due to unavailability of a specific prize item, in which case an item of equal or greater value will be awarded at the Sponsor’s sole discretion.
10. General Terms: By participating in the Giveaway, entrants agree to be bound by these Official Rules. Participants in this Giveaway, hereby waive and release, and agree to hold harmless Facebook®, Instagram®, the Giveaway Sponsor, its parent company, its subsidiaries, affiliates, advertising and promotion agencies, including the Giveaway Administrators and its parent company, and all of their respective officers, directors, employees, representatives and agents, from and against, any and all rights, claims and causes of action whatsoever that they may have, or which may arise, against any of them for any liability for any matter, cause of thing whatsoever, including but not limited to any injury, loss, damage, whether direct, compensatory, incidental or consequential, to person, including death and property, arising in whole or in part, directly or indirectly, from their acceptance, possession, use or misuse of, or inability to use a prize in the Giveaway, or their participation in the Giveaway, or their participation in any Giveaway or activity. Participants acknowledge that the Sponsor and other released entities and individuals have neither made, nor are in any manner responsible or liable for any warranty, representation, or guarantee, expressed or implied, in fact or in law, relative to the prize, including but not limited to its quality, mechanical condition, or fitness, except for any standard limited warranty offered by any manufacturer of the non-cash prize. Please note that by entering, you agree to have Viactiv® contact you via email for reviews, feedback, etc. if you opt-in to receive future communication from the brand except where protected by law.
11. Internet: Sponsor and its agents are not responsible for lost, late, misdirected, damaged, incomplete or illegible entries or Internet technical, hardware, software, telephone, or transmission failures of any kind, which may limit a person’s ability to enter the Giveaway. Sponsor and its agents are not responsible for any injury or damage to entrants ’or any other person’s computer related to or resulting from entering or downloading any materials in the Giveaway. Sponsor reserves the right to cancel or suspend advertising the Giveaway on the Internet should a computer virus, unauthorized intervention or other cause corrupt the integrity or proper conduct of the Giveaway. Sponsor reserves the right to disqualify any entrant found to be disrupting the operation of the Giveaway or Giveaway Website. If the integrity of the Internet portion of the Giveaway is compromised in any manner, Sponsor reserves the right to modify Giveaway and randomly select winners from valid entries received that are unaffected by the problem.
In the event of a dispute as to the identity of any online entrant, entrant will be deemed the individual named on the online entry. All issues and questions concerning these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of New York, without giving effect to any choice of law or conflict of law rules (whether of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than New York.
WARNING: ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY DAMAGE THE SPONSOR OR SPONSOR’S WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS ’FEES) FROM ANY SUCH PARTICIPANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
12. Winner List: For a list of winners, send a self-addressed stamped envelope to: Viactiv Omega Boost Giveaway, c/o RLA Collective, 425 E 53rd St, New York, NY 10022
Activ Nutritional LLC