ATKINS® GIFTER SWEEPSTAKES
- Eligibility: Atkins® Gifter Sweepstakes (the “Sweepstakes”) is open to legal U.S. residents of the 50 United States and the District of Columbia (“U.S.”), who are located in the U.S. and are at least eighteen (18) years of age or older (19 in Alabama and Nebraska; 21 in Mississippi) at the time of entry. The sweepstakes is governed by U.S. law and is subject to all applicable federal, state and local laws and regulations. Officers and directors of Sponsor and its respective parents, affiliates, subsidiaries, advertising, promotion agencies, and such employee’s immediate family members and/or those living in the same household are not eligible to participate. Void where prohibited. Winning a prize is contingent upon fulfilling all requirements set forth herein.
- Timing: The Sweepstakes begins on December 11, 2019 at 12:00:00 a.m. Pacific Standard Time (“PST”) and ends on December 13, 2019 at 11:59:59 p.m. Pacific Standard time (the “Sweepstakes Period”). Facebook servers are the official time-keeping devices for the Sweepstakes.
- Agreement to Official Rules: Participation constitutes entrant’s unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and legally binding in all respects.
- How to Enter: During the Sweepstakes Period, you may enter by following @AtkinsNutritionals on Facebook and commenting with an emoji in the comments section of the Facebook post. Follows and tagging must occur during the Sweepstakes Period. For purposes of the Sweepstakes, “receipt” of an Entry occurs when you post a comment on the Facebook post (collectively an “Entry”).
Limit one (1) Entry per person. You may enter the sweepstakes under one name and one Facebook profile only. Enter using only a Facebook account subscribed and registered in your name. If you submit more than the stated number of entries, only your first Entry will be considered and, in the case of multiple entries, you may, at the sole discretion of Sponsor, be disqualified from the sweepstakes. In the event of a dispute about entries submitted by multiple individuals using the same Facebook account, Entry will be deemed to have been submitted by the authorized subscriber of the Facebook account used to enter the sweepstakes at the actual time of Entry. The authorized Facebook account subscriber is deemed to be the natural person who is assigned a Facebook account by an Internet-access provider, online-service provider, or other organization that is responsible for assigning Facebook accounts or the domain associated with the submitted Facebook account. Entries generated through a third-party sweepstakes club site or similar method, or those generated by script, macro, robotic, programmed, or any other automated means are prohibited and will be disqualified.
Your Entry may not be indecent, obscene, hateful, tortious, defamatory, or libelous or contain material that violates or infringes another’s rights, or disparage Sponsor or any other person or party affiliated with this Sweepstakes, or contain material that is unlawful in any way. Sponsor reserves the right to disqualify any Entry that it finds unlawful, or in violation of these Official Rules, all in its sole discretion. Submitting an Entry to the Sweepstakes constitutes participant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display the Entry in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If requested, participant shall sign any documentation required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting through its Entry.
Each entrant represents and warrants that the Entry and all elements thereof are the original creations of that entrant; have not been copied in whole or in part from any other entity, and do not violate or infringe any copyright, trademark, or other proprietary right of any person or entity.
By submitting an Entry or accepting any prize, entrants understand and agree (and agree to confirm in writing) that Sponsor is granted a world-wide, unlimited, irrevocable royalty-free license in and to all Entry materials in whole or in part (including any copyrights and derivative works and concepts or ideas depicted therein) in perpetuity. The Entry, in whole or in part, may be edited, modified, adapted, published, reproduced, and used commercially by Sponsor for any purpose and in any media whatsoever during the license term, without further compensation or review and will not be returned. Entrants assume all risk of lost, late, misdirected, incomplete, or illegible entries. Entries, in whole or in part, that are, in Sponsor’s sole judgment, inappropriate, noncompliant, or are in any other respect unsuitable will not be considered. Sponsor reserves the right, at its sole and absolute discretion, to refuse, disqualify, or withdraw any Entry and/or entrants at any time during the sweepstakes. In the event the Entry or any part thereof is found at any time to plagiarize or otherwise contain third party property, the Sponsor will disqualify the entrant and, if previously adjudged a winner, will require prize forfeiture and return.
- Winner Selection/Prizes/Odds: Ten (10) winners will receive six (6) assorted Atkins single bars or treats (total prize approximate retail value $12.00).Product will be selected at random by Sponsor. Promotion is only valid while supplies last.
Winner is responsible for any and all local, state and/or federal taxes, as well as any other costs and expenses not specified herein as being awarded. Prize will be awarded only if the potential prize winner(s) fully complies with the Official Rules. Prizes are non-assignable and non-transferable and have no cash value. Sponsor reserves the right in its sole discretion to substitute prize(s) of comparable value if any prize listed is unavailable, in whole or in part, for any reason.
- Winner Notification: The Prize Winner will be notified with direct message (“DM”) on Facebook. Sponsor shall have no liability for any potential prize-winning notification that is lost, intercepted or not received by any potential winner for any reason. If, despite Sponsor’s reasonable efforts, the potential Prize Winner does not response to the DM by December 16, 2019, he or she will automatically forfeit his or her prize and an alternate winner may be selected. If any potential Prize Winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential Prize Winner will be disqualified, and an alternate Prize Winner may be selected. General Prize Restrictions/Conditions: By entering, each entrant agrees for entrant and for entrant’s heirs, executors, and administrators (A) to release and hold harmless, Facebook, Atkins Nutritionals, Inc. for the Atkins brand, and their respective officers, directors, and employees (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant’s participation in the Sweepstakes and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (B) that Released Parties have neither made nor are in any manner responsible or liable for 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; and (C) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Sweepstakes itself, and to be bound by all decisions of the Sponsor, which are binding and final. Failure to comply with these conditions may result in disqualification from the Sweepstakes at Sponsor’s sole discretion.
- Publicity Release: Except where prohibited, participation in the Sweepstakes constitutes each recipient’s consent to Sponsor’s use of recipient’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, in perpetuity, without further payment or consideration, and entrant releases Sponsor from all claims arising out of the use of such information.
- Limitations of Liability: Sponsor is not responsible for, and entrant hereby releases Sponsor from any claims arising from: (i) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (ii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iii) unauthorized human intervention in any part of the Entry process or the Sweepstakes; (iv) electronic or human error which may occur in the administration of the Sweepstakes or the processing of entries; (v) any injury or damage to persons or property, including but not limited to entrant’s computer, hardware or software, which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes and/or receipt or use of misuse of any prize. The Sponsor reserves the right to cancel, modify, or suspend this Sweepstakes at any time.
- Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal or state court of Colorado; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (3) unless otherwise prohibited, 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 Sweepstakes shall be governed by and construed in accordance with, the laws of the State of Colorado, without giving effect to any choice of law or conflict of law rules (whether of State of Colorado or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Colorado.
- Winners List: To obtain the name of the Winners, send a self-addressed stamped envelope to: Like Atkins Gifter Sweepstakes, 1225 17th Street, Suite #1000, Denver CO 80202. All such requests must be received by 12/31/20.
- Sponsor: Atkins Nutritionals, Inc.