NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: The Nouri End of Summer Sweepstakes (the “Sweepstakes”) is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry. Employees of Nouri, LLC, its promotional agencies involved in this Sweepstakes, and their parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules. Sponsor’s and Administrator’s decisions are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Sponsor: Nouri Life, LLC, 28266 Airoso Street, Rancho Mission Viejo, CA 92694
3. Timing: The Sweepstakes begins on Thursday, August 31, 2023 at 12:01:01 AM Pacific Daylight Time ("PDT") and ends on Friday, September 8, 2023 2021 at 11:59:59 PM PDT (the "Promotion Period"). Sponsor’s computer is the official clock for the Sweepstakes.
THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED, OR ADMINISTERED BY, OR ASSOCIATED WITH WALMART OR INSTAGRAM. WHEN ENTERING, YOU UNDERSTAND THAT YOU ARE PROVIDING YOUR INFORMATION TO SPONSOR BUT NOT TO INSTAGRAM. BY PARTICIPATING IN THIS PROMOTION, YOU AGREE TO A COMPLETE RELEASE OF WALMART AND INSTAGRAM FROM ANY CLAIMS.
5. Submission Guidelines: Submissions that do not meet the following “Submission Guidelines” are subject to disqualification at Sponsor’s sole and absolute discretion:
- Each Submission must be suitable for presentation in a public forum.
- The Submission must not contain any content or material that is lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, obscene, violent, racist, derogatory of any ethnic, racial, gender, religious, professional or age group or otherwise inappropriate or objectionable, as determined by Administrator and/or Sponsor in their sole and absolute discretion.
- The Submission must not infringe the copyright, trademark, privacy, publicity, or other intellectual rights of any third party person or entity.
- The Submission must not contain any personally identifiable information of any person other than the Entrant. Should the Entrant include personally identifiable information about him/herself in the entry, Entrant acknowledges and agrees that such information may be disclosed publicly and Entrant is solely responsible for any consequences thereof.
- The Submission must not feature any commercial content or visible brand names or trademarks of any entity other than Sponsor which entrant has limited license to use solely to incorporate in his/her entry.
- The Submission cannot and will not promote any activity that is unsafe, hazardous, dangerous or prohibited by law.
- The Submission must not disparage Sponsor, Administrator or any other person or party affiliated with this Sweepstakes.
- The Submission must not have been submitted previously in any contest or sweepstakes of any kind or exhibited or displayed publicly (i.e., disclosed beyond your immediate circle of friends and family).
- The Submission should not reveal any personal information about another individual, including another person’s address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual.
- Entrants must not submit a Submission that if selected cannot be assigned to Sponsor as contemplated below.
6. Prizes: There will be one (1) Grand Prize Winner and one hundred (100) Second Prize Winners. The Total Approximate Retail Value (“ARV”) for this promotion is for a total ARV of three thousand two hundred and thirty-eight dollars and eighty-eight cents ($3,238.88) to three thousand four hundred and sixty two dollars and eighty-eight cents ($3,462.88), depending on the Nouri products chosen by the Winners.
- GRAND PRIZE: One (1) Winner will receive a check for one thousand dollars ($1000) plus a one (1) year supply of one (1) Nouri product of the Winner’s choosing, with an ARV of two hundred and thirty-nine dollars and eighty-eight cents ($239.88) to two hundred and sixty-three dollars and eighty-eight cents ($263.88) for a total ARV of one thousand two hundred and thirty-nine dollars and eighty-eight cents ($1,239.88) to one thousand two hundred and sixty-three dollars and eighty-eight cents ($1,263.88), depending on the Nouri product chosen.
- Twelve (12) bottles of Nouri Menopause Health Probiotic Capsules, thirty (30) capsules per bottle (annual subscription valued at two hundred and sixty-three dollars and eighty-eight cents ($263.88)).
- Twelve (12) bottles of Nouri Digestive Health Probiotic Capsules, thirty (30) capsules per bottle (annual subscription valued at two hundred and thirty-nine dollars and eighty-eight cents ($239.88)).
- Twelve (12) bottles of Nouri Prenatal Health Probiotic Capsules, thirty (30) capsules per bottle (annual subscription valued at two hundred and thirty-nine dollars and eighty-eight cents ($239.88)).
- Twelve (12) boxes of Nouri StayWell Lemonade Synbiotic Drink Mix, fourteen (14) stick pack box (annual subscription valued at two hundred and thirty-nine dollars and eighty-eight cents ($239.88)).
- SECOND PRIZES: One hundred (100) winners will receive one (1) free month of product of the Winner’s choice with an ARV of nineteen dollars and ninety-nine cents ($19.99) to twenty-one dollars and ninety-nine cents ($21.99) for a total ARV of one thousand, nine hundred and ninety nine dollars ($1,999) up to two thousand, one hundred and ninety nine dollars ($2,199), depending on the Nouri products chosen.
- Nouri Menopause Health Probiotic Capsules, thirty (30) count (ARV: twenty-one dollars ad ninety-nine cents ($21.99))
- Nouri Digestive Health Probiotic Capsules, thirty (30) count (ARV: nineteen dollars and ninety-nine cents ($19.99))
- Nouri Prenatal Health Probiotic Capsules, thirty (30) count (ARV: nineteen dollars and ninety-nine cents ($19.99))
- Nouri StayWell Lemonade Synbiotic Supplement Drink Mix, fourteen (14) stick pack (ARV: nineteen dollars and ninety-nine cents ($19.99))
Prizes will be shipped by Sponsor to the address provided by Winner. Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Winner is responsible for all taxes and fees associated with prize receipt and/or use. Odds of winning a prize depend on the number of eligible entries received during the Promotion Period.
7. Prize Drawings: Sponsor’s selection of the potential Winners is final and binding in all matters related to the Sweepstakes. Sponsor will randomly select the potential Sweepstakes winners from all eligible entries received during the Promotion Period, on or around Saturday, September 9 at 12:00 PM Pacific Daylight Time (PDT). The potential winners will be notified by a comment from @dailynouri on the Entry Post on Instagram and/or TikTok. @dailynouri will request that the potential Winners send a direct message on Instagram and/or TikTok with their mailing address.
Each potential winner will be required to sign and return a Declaration of Compliance, Liability Waiver and where not prohibited a Publicity Release ("Declaration") and an IRS Form W-9 which must be received by Administrator, within seven (7) days of the date notice or attempted notice is sent, in order to claim the prize. After returning the signed Declaration and providing the requested information within the required time, the potential winner becomes a Winner. If a potential winner of any prize cannot be contacted, fails to sign and return the Declaration or provide any other requested information within the required time period, or the prize is returned as undeliverable, the potential winner forfeits the prize. Receiving a prize is contingent upon compliance with these Official Rules. In the event that a potential Winner is disqualified for any reason, no alternative Winner will be selected. Winners must allow eight (8) to twelve (12) weeks for delivery of prizes.
8. Release: By receipt of any prize, winners agrees to release and hold harmless Sponsor, promotional partners, Instagram, Inc., TikTok, Inc. 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 claim 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 or receipt or use or misuse of any prize.
9. Publicity: Except where prohibited by law, participation in the Sweepstakes constitutes each Winner’s express consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for advertising, trade, promotional or publicity purposes in any form of media now known or hereafter developed, worldwide in perpetuity, without further notice, review or approval, permission or compensation. If you do not agree to these terms, you should not participate in the Sweepstakes.
10. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. In such event, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. 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 the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately 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.
11. Intellectual Property: Entrants, upon submission of their entry to the Sweepstakes, hereby irrevocably grant to Sponsor, and each of its licensees, successors and assigns, during the Entry Period an exclusive, and thereafter the non-exclusive, perpetual, royalty-free, no-cost license and right to use and otherwise exploit the Submissions submitted as part of the Sweepstakes, and all elements, images, text and materials depicted therein, in whole or in part, in any manner or medium now or hereafter known or devised throughout the universe and in any and all languages, including, without limitation, the right to display, reproduce, record, perform, exhibit, distribute, copy, edit, change, modify, add to, subtract from, re-title and adapt the same, to combine it with other material and otherwise use and exploit it without having to give any compensation or attribution to entrants except for the awarding of the prizes in the Sweepstakes. Sponsor, and each of its successors, assigns and licensees, will have the right to make unlimited derivative works therefrom, to assign or transfer any or all such rights and to grant unlimited, multiple-level sublicenses. Without limiting the forgoing, Sponsor will have the right to use the submissions submitted as part of the Sweepstakes, and all images depicted therein (if any), in any merchandising, advertising, marketing, promotion or for any other commercial or non-commercial purpose. Entrants hereby forever waive and relinquish all so-called “moral rights (droit moral)” now or hereafter recognized in connection with submissions submitted as part of the Sweepstakes. Entrants acknowledge that as a condition of participating in the Sweepstakes and/or being selected as a Winner, Sponsor may request that the entrant’s submission, and any rights therein, be assigned to Sponsor and entrants may be required to confirm such assignment by completing and submitting the Prize Acceptance Documents (and any other documents reasonably required by Sponsor) or such entrant will otherwise be disqualified from receiving their prize. Entrants must maintain the ability to assign all such rights to Sponsor free of any limitations, restrictions or third party obligations. Entrants agree that Sponsor shall have the sole discretion in determining the extent and manner of use of submissions and are not obligated to use any submission. Entrants agree not to issue any publicity concerning Sponsor. Entrants agree that neither Sponsor, nor its agents, shall be responsible for return or preservation of the submissions submitted. All submissions that are posted on Instagram are available to be viewed by anyone with access to the Internet. Each entrant acknowledges that other entrants may have created ideas and concepts contained in their submission that may have familiarities or similarities to his/her own submission, and that he/she will not be entitled to any compensation or right to negotiate with the Released Parties (defined below) because of these familiarities or similarities. The decisions of the Sponsor are final and binding in all matters relating to the Sweepstakes, including interpretation and application of these Official Rules. Each entrant, by participating in the Sweepstakes, except where legally prohibited, grants permission for Sponsor and its designees to use his/her name (first name and last initial), address (city and state), photograph, voice and/or other likeness and prize information for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval. Sponsor reserves the right to request from entrant at any time proof that entrant maintains all necessary rights in their submission in order to grant Sponsor the rights required herein in a form acceptable to Sponsor. Failure to provide such proof may lead to, among other things, the entrant being disqualified from the Sweepstakes.
12. Representations, Warranties, and Indemnity: Each entrant represents and warrants that he or she has read, understands and will follow the Official Rules. Entrants further represent and warrant that their submission and all materials and matter therein: (1) (except for elements that are within the public domain) are wholly original with such entrant and are not a copy or imitation of any other material; (2) will not infringe or violate any right, including, without limitation, any personal rights (e.g., defamation, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, right to ideas, etc.) of any person or entity and the use thereof will result in no third party liability or obligations; and (3) is not the subject of any threatened or pending litigation, claim or dispute that might give rise to litigation, which adversely affects or in any way prejudices, impairs or diminishes the rights granted hereunder or the value thereof. Each entrant further represents and warrants that he or she has the right to agree to and fully perform consistent with these Official Rules and the consent of no third parties are required to grant the rights hereunder. Entrant further acknowledges and agrees that he/she has not previously granted, assigned or otherwise hypothecated his/her submission to any other third party. Further, each entrant represents and warrants that Sponsor’s use of any submission shall not violate an agreement to which such entrant has signed. Entrants agree (as permitted by applicable law) to indemnify and hold the Released Parties harmless from and against any third party claims, to the extent relating to any breach of any representation, warranty or covenant made by such entrant in connection with his or her acceptance of these Official Rules or Sweepstakes activities.
13. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) 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 or misuse 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, if it is possible. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
14. 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 United States District Court for the Central District of California or the appropriate California State Court located in Orange County, California; (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) 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 California without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
16. Winner List: For the Winner List, please send an e-mail to firstname.lastname@example.org with "ATTN: Nouri Summer Sweepstakes Winners List” in the subject.
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