By entering the Alani Nu 1 Million Instagram Followers Sweepstakes ("Sweepstakes"), you agree to and abide by these Official Rules ("Official Rules").
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. YOU MUST HAVE INTERNET ACCESS, A VALID EMAIL ADDRESS AND AN INSTAGRAM ACCOUNT TO PARTICIPATE. INSTAGRAM ACCOUNT MUST REMAIN PUBLIC THROUGH THE END OF THE ENTRY PERIOD (AS DEFINED BELOW).
1. SPONSOR: Alani Nutrition, LLC, 2858 Frankfort Ave, Louisville, KY 40206-2664 ("Sponsor").
2. ADMINISTRATOR: Probability LLC, 2 Woodstock Meadow Ln., PO Box 1484, Woodstock, NY 12498 ("Administrator").
3. ELIGIBILITY: The Sweepstakes is open only to legal residents of the fifty (50) United States and Washington D.C., who are at least eighteen (18) years of age (or the age of majority in the jurisdiction of their residence, whichever is older), with a valid driver’s license. Employees of Sponsor, Administrator, any organizations sponsoring, fulfilling, administering the Sweepstakes or supplying the prizes, and each of their respective parent, subsidiary, related and affiliated companies (collectively, the "Promotion Entities"), and the immediate family and household members of all such foregoing individuals, are not eligible to enter or win. "Immediate family members" shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. "Household members" shall mean people who share the same residence at least three (3) months a year, whether related or not. Potential winners may be required to provide proof of eligibility prior to prize award. Void where prohibited or restricted by law.
4. ENTRY PERIOD: The Sweepstakes begins on or about 9:00 a.m. Eastern Time ("ET") on 9/5/23, provided that the official start date/time will be when Sponsor’s official Alani Nutrition ("Alani Nu") account on Instagram (@alaninutrition) achieves 1,000,000 Instagram followers as indicated thereon. Sweepstakes ends the earlier of 9/15/23 at 11:59:59 p.m. ET OR seventy-two (72) hours after commencement of the Sweepstakes (as indicated on @alaninutrition ("Entry Period"). Sponsor's computer is the official clock for this Sweepstakes.
5. HOW TO ENTER: To participate in the Sweepstakes, you must have an active Instagram account ("Account"). If you do not have an Account, visit Instagram.com, the Apple iTunes® Store, or Google Play® to download for free. Standard data rates apply. You must accept the Instagram Terms of Use and Privacy Policy to create an Account and you must be logged in to your Account to enter the Sweepstakes. Once you have logged into your Account you may enter the Sweepstakes by following the steps outlined below.
At the start of the Entry Period, Sponsor will post a Sweepstakes message (a "Sweepstakes Post"). Sponsor may post one (1) or more subsequent reminder posts to @alaninutrition during the Entry Period (also a Sweepstakes Post).
To enter, take the following actions during the Entry Period (each, a "Sweepstakes Entry")
(a) follow @alaninutrition (if you do not already);
(b) "like" the Sweepstakes Post; and
(c) leave a comment on the Sweepstakes Post, include #Alani1MSweepstakes (the "Sweepstakes Hashtag"), and tag one (1) friend to whom you’d like to give a one (1) year’s supply of Alani Nu energy drinks in the comments section ("Comment") of the Sweepstakes Post.
**The tagged friend must meet all of the following criteria: (i) is a legal U.S. resident, at least eighteen (18) years of age (or the age of majority in the jurisdiction of their residence, whichever is older) and otherwise eligible as per Section 3 of these Official Rules; (ii) is interested in Alani Nu energy drinks; and (iii) has provided their consent to you before being tagged in your Comment. Sweepstakes Entry will be disqualified if Sponsor/Administrator determine in their sole discretion that a friend was improperly tagged therein.
You may enter more than once, provided that you tag a different friend to whom you’d like to give a one (1) year’s supply of Alani Nu energy drinks in each Sweepstakes Entry.
In submitting a Sweepstakes Entry and identifying your favorite Alani Nu energy drink flavor, you represent and warrant that the Sweepstakes Entry includes your honest opinions, findings, beliefs, experiences or preferences regarding Alani Nu’s energy drinks. You further agree, upon request from Alani Nu from time to time and without compensation of any kind, to promptly respond to inquiries from Alani Nu to determine whether (or not) you still hold the opinions/findings/beliefs/experiences/preferences regarding Alani Nu’s energy drinks as expressed in your Sweepstakes Entry.
Important note: Your Account must be public and viewable by Sponsor. If your Instagram Account is set to "protected mode," or "private" your Comment may not be visible to Sponsor and thus may not be received as an entry. Your Instagram Account must remain public for at least three (3) months following the date of winner selection via random drawing as set forth in Section 8, below.
BY POSTING A COMMENT UNDER THE SWEEPSTAKES POST WITH THE NAME OF YOUR FAVORITE ALANI NU ENERGY DRINK FLAVOR, THE SWEEPSTAKES HASHTAG AND TAGGING ONE (1) FRIEND TO WHOM YOU’D LIKE TO GIVE A ONE YEAR’S SUPPLY OF ALANI NU ENERGY DRINKS, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTOOD AND FULLY AGREE TO THESE OFFICIAL RULES. DO NOT POST WITHOUT FIRST REVIEWING THESE OFFICIAL RULES.
Do NOT include personal information (e.g., name, e-mail address or phone numbers) about yourself or anyone else in your Sweepstakes Entry. The preceding excludes only the Instagram handle of the friend tagged in your Sweepstakes Entry.
A Sweepstakes Entry must include the Sweepstakes Hashtag, one (1) Alani Nu energy drink flavor and one (1) tagged friend to whom you’d like to give a one (1) year’s supply of Alani Nu energy drinks to in order to be eligible. Naming multiple Alani Nu energy drinks and/or tagging more than one (1) friend in the same Comment will not increase one’s chances of winning a prize in the Sweepstakes.
You may include content in addition to identifying your favorite Alani Nu energy drink flavor and tagging one (1) friend provided that such content is in full compliance with the restrictions set forth in Section 7, below. The inclusion of additional content will not increase one’s chances of winning a prize in the Sweepstakes nor will it be taken into account in the winner selection procedure.
6. CONDITIONS ON ENTRY: By submitting a Sweepstakes Entry which includes content in addition to identifying your favorite Alani Nu energy drink flavor and tagging one (1) friend, you agree that any such additional content is not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and Sponsor in any way, and that you have no expectation of any review, compensation or consideration of any type. Once submitted, Sweepstakes Entries (including additional content, as applicable) become the sole property of Sponsor (subject only to the rights of Meta Platforms, Inc. in its Instagram social media platform), and cannot be modified by entrant. Posting of a Sweepstakes Entry to the comments section of the Sweepstakes Post that is not thereafter deleted by Sponsor does not constitute any representation of eligibility for the Sweepstakes and the re-posting of any portion of a Sweepstakes Entry by Sponsor does not constitute notification that you have won a prize (nor is such re-posting in any other way binding upon Sponsor).
By submitting a Sweepstakes Entry (including without limitation any additional content posted by you), you give permission to Sponsor and its designees and hereby grant Sponsor and its designees a royalty-free, irrevocable, perpetual, worldwide, sub-licensable, non-exclusive license (herein "License") to use the Sweepstakes Entry (including additional content) on any media and through any means now known or hereafter devised, including without limitation, the World Wide Web, and to otherwise use the Sweepstakes Entry (including additional content), and make derivative works therefrom, without compensation in accordance with the requirements of this Sweepstakes and the advertising, promotion, and publicity of the Sweepstakes, Sponsor’s products and otherwise, as stated in these Official Rules (as solely determined by Sponsor). Such License will be required to be confirmed by entrant upon Sponsor’s request if entrant becomes a potential Winner and in such event, entrant shall timely complete, sign and deliver any and all necessary documents, including without limitation, documents setting forth any licenses, releases and indemnities that Sponsor in its sole discretion may require, without condition or compensation of any kind. If Sponsor does not receive all such documentation from any potential Winner within the prescribed timeframe, in each instance as required by Sponsor in its sole discretion, the potential Winner may be disqualified and another potential Winner may be selected.
Multiple entries in violation of these Official Rules may result in disqualification of all Sweepstakes Entries related to such person/Instagram account. Sweepstakes Entries must be manually key-stroked by the entrant; any use of automated or programmed methods of entry, or Sweepstakes Entries by third parties by any method of entry, are prohibited. Sweepstakes Entries that do not conform to or violate these Official Rules or are submitted in any manner other than as stated in these Official Rules may be disqualified. (Without limiting the foregoing, any Comments posted outside of the comments section of a Sweepstakes Post will NOT result in a Sweepstakes Entry. This includes, but is not limited to, comments posted on an individual’s own Instagram account/page.) Sponsor and Administrator are not responsible for late, corrupted, inaccessible/blocked, incomplete or misdirected Sweepstakes Entries. (The preceding includes Sweepstakes Entries not timely received or received at all due to filtering by or other operation of the functionality of Instagram.) All Sweepstakes Entries must be posted to the comments section of a Sweepstakes Post in their entirety prior to the end of the Entry Period. By entering the Sweepstakes, entrant agrees to these Official Rules and the decisions of the Sponsor and Administrator which are binding and final, in all matters relating to this Sweepstakes.
You may only use one (1) Instagram account to participate in the Sweepstakes. Use of Instagram will be subject to Instagram’s Terms of Use (https://help.instagram.com/581066165581870) and Privacy Policy (https://privacycenter.instagram.com/policy)
Data rates may apply for each message sent or received from your wireless device 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 as well as charges for wireless Internet access) 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 Sweepstakes. Mobile device service may not be available in all areas. Check your phone's capabilities for specific instructions.
AN ATTEMPT BY ANY PERSON TO DAMAGE THE INSTAGRAM PLATFORM OR OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES OR THE INSTAGRAM PLATFORM IS A VIOLATION OF THESE OFFICIAL RULES, AS WELL AS CRIMINAL AND CIVIL LAWS; IN THE EVENT SPONSOR BELIEVES OR BECOMES AWARE THAT SUCH AN ATTEMPT HAS BEEN, IS BEING, OR WILL BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION CRIMINAL PROSECUTION. (THE PRECEDING IS IN ADDITION TO DISQUALIFICATION FROM THE SWEEPSTAKES, IF APPLICABLE.)
7. SWEEPSTAKES ENTRY RESTRICTIONS/CONTENT GUIDELINES: In addition to complying with all other requirements of these Official Rules and/or on the website/platform where persons may submit Sweepstakes Entries (i.e., Instagram); You represent and warrant that your Sweepstakes Entry or Entries and any additional content posted complies with the following guidelines ("Content Guidelines").
Your Sweepstakes Entry and any additional content: (a) is the original and sole creation of the entrant, and all right, title and interest, including but not limited to, the copyright in any Sweepstakes Entry, is owned solely by the submitting entrant; (b) does not infringe upon any third party’s rights, including but not limited to, copyright, patent or trademarks/tradenames/logos, trade secrets, rights of privacy or publicity, or other proprietary or contractual rights, or any confidentiality obligation (including but not limited to the rights of the tagged friend); (c) does not contain material that is or may be considered misleading, inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous, or portray or depict any person, product or entity in a false light (including but not limited to the rights of the tagged friend); (d) does not violate any law, rule or regulation; (e) does not contain any virus, bugs, or other deleterious material; (f) does not, including but not limited to, contain content that reflects, advocates or promotes bigotry, racism, hatred, harm or exploitation of or against any class, group or individual, discrimination based on race, gender, religion, nationality, disability, sexual orientation or age, or actions or activities that are restricted, prohibited, illegal or unlawful (including without limitation, the consumption of controlled substances), defamatory statements, words or symbols widely considered offensive to individuals of any certain race, ethnicity, religious, sexual orientation or socioeconomic group, or threats to any person, place, business, group or world peace; (g) is not sexually explicit or suggestive, or profane; (h) has been created specifically for this Sweepstakes and has not been previously posted via social media or otherwise; (i) is relevant to the theme of the Sweepstakes (i.e., one’s favorite Alani Nu flavor of energy drink and one (1) friend to whom entrant would like to give a one (1) year’s supply of Alani Nu energy drinks); (j) does not include any political, religious or otherwise controversial content; (k) does not defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other products, people, or companies (including but not limited to Katy Hearn or Kim Kardashian); (l) does not promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), or any activities that may appear unsafe or dangerous (including but not limited to consumption/use of Alani Nu energy drinks or other products other than in accordance with the usage instructions for same); (m) complies with the Instagram platform terms and conditions regarding the use of its services. For clarity, Sweepstakes Entries cannot contain, among other things, the trademark, tradename or logo of any third party or entity or product; cannot name or describe or contain the likeness of any person (living, dead, or fictional), other than the entrant, without permission; and cannot contain any material that is protected by copyright owned by others (including music, photographs, sculptures, paintings and other works of art, or images published on or in websites, television movies or other media) without permission. Sweepstakes Entries that do not meet the requirements and specifications listed in these Content Guidelines and that are otherwise inappropriate, objectionable, or unsuitable for the uses contemplated in these Official Rules, may be disqualified, as determined by Sponsor in its sole discretion. Once a Sweepstakes Entry has been submitted, it cannot be modified.
Sponsor grants to each eligible entrant a limited, non-transferable, non-exclusive, non-sublicensable, revocable right to use its trademarks and/or copyrights for its line of energy drinks solely for the purpose of and limited to identifying them in the Sweepstakes Entries. Such right and license will automatically expire without further act of any party at the expiration of the Sweepstakes Period. Any other use of Sponsor’s and/or its licensors’ trademarks and/or copyrights will be a violation of Sponsor’s or its applicable licensor’s intellectual property rights.
SWEEPSTAKES ENTRIES (INCLUDING WITHOUT LIMITATION ANY ADDITIONAL CONTENT POSTED BY AN ENTRANT) REPRESENTS SOLELY THE VIEWS/OPINIONS OF THE ENTRANT AND DOES NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR IN ANY MANNER. SPONSOR IS ACTING AS A PASSIVE CONDUIT FOR THE POSTING/PUBLICATION OF SWEEPSTAKES ENTRIES INCLUDING SUCH ADDITIONAL CONTENT AND HAS NO OBLIGATION TO, AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONJUNCTION WITH, SCREENING, MONITORING OR REVIEWING ADDITIONAL CONTENT IN SWEEPSTAKES ENTRIES. SPONSOR WILL NOT EDIT OR MODIFY CONTENT IN SWEEPSTAKES ENTRIES IN CONJUNCTION WITH ADMINISTRATION OF THE SWEEPSTAKES.
8. RANDOM DRAWINGS/SELECTION OF WINNERS/ODDS: Potential prize winners (each a "Winner", collectively referred to herein as "Winners") will be selected via random drawing scheduled to take place on or about the earlier of three (3) business days following the conclusion of the Entry Period or 9/20/23. Administrator will select one hundred two (102) potential winners in a random drawing from among all eligible Sweepstakes Entries received during the Entry Period. For the avoidance of doubt, if a Sweepstakes Entry is otherwise in compliance with these Official Rules (including but not limited to the Content Guidelines in Section 6 above), any additional content included in the Sweepstakes Entry will NOT be taken into account in the winner selection process. The random drawing will be conducted by the Administrator, an independent judging organization whose decisions are final and binding on all matters related to the Sweepstakes.
The odds of winning depend on the number of eligible entries received during the Entry Period.
9. WINNER NOTIFICATION: Potential Winners will be notified by a direct message to their respective Accounts by Sponsor's Instagram account (@alaninutrition) on or after the earlier of three (3) business days following the conclusion of the Entry Period or 9/20/23. It is recommended that you confirm your Instagram notification settings are turned on; it is your sole responsibility to configure your Instagram privacy settings so that you are able to receive a direct message from @alaninutrition. The initial notification (via Instagram direct message) will request that the potential Winner email the Administrator at a specific email address with specific personal information (e.g., full name, and Instagram username) within two (2) days after the notice is sent. Failure to respond to the initial verification notice within two (2) days after the notice is sent with all required information may result in disqualification. Then, potential Winner may be required to sign and return, within five (5) business days of request by Administrator, an Affidavit of Eligibility, Release and Indemnification, a Publicity Release where allowed by law ("Winner Documents"). If the completed Winner Documents are not returned by the potential Winner to Administrator within the specified time period, the potential Winner may be disqualified. If any potential Winner is disqualified for any reason, or if the prize is returned as undeliverable, the entrant will forfeit their status as a Winner, without compensation of any kind and the prize may be awarded to an alternate Winner selected from all remaining non-winning eligible entries received during the Entry Period.
In the event of any dispute concerning the identity of any entrant, the Sweepstakes Entry will be deemed submitted by the natural person in whose name the Instagram Account is registered.
10. PRIZES AND APPROXIMATE RETAIL VALUES ("ARV"):
GRAND PRIZE #1 (One [1] Winner): Winner will be able to choose and receive either: (a) one (1) Tesla® Model X sport utility vehicle, with value of ninety thousand one hundred thirty dollars ($90,130.00), inclusive of all tax, registration, title and dealer fees (also a "Vehicle" or "Prize Vehicle"); or (b) or $90,000 cash option. Winner will also receive "a year’s supply of Alani Nu energy drinks" awarded as $930 in Alani Nu e-gift cards. Total ARV: up to $91,060.
GRAND PRIZE #2 (One [1] Winner): Winner will be able to choose and receive either: (a) one (1) 2023 Ford Bronco® Sport sport utility vehicle* of their choice, with a value of thirty-four thousand eight hundred ninety dollars ($34,890)†, inclusive of all tax, registration, title and dealer fees ("Vehicle" or "Prize Vehicle"); or (b) or $40,000 cash option. Winner will also receive "a year’s supply of Alani Nu energy drinks" which may be shared with a friend which will be awarded as $930 in Alani Nu e-gift cards. Total ARV: up to $40,930.00.
†Total vehicle ARV based on 2023 Manufacturers Suggested Retail Price ("MSRP") of a base model ($34,890).
FIRST PRIZE (One hundred [100] Winners): Each winner will receive one (1) $100 Alani Nu e-gift card. ARV: $100 each.
TOTAL ARV OF ALL PRIZES: $141,990.
*Used for prize identification purposes only. No endorsement or sponsorship is intended or implied by such use.
PRIZE RESTRICTIONS:
Limit of one (1) prize per family, household or address.
For Grand Prizes: In order to accept Prize, Winner must possess and present adequate personal identification, evidence of legally required insurance, and a valid U.S. driver's license. Selection of the Ford® or Tesla® dealership (each a "Dealership") (as applicable) for delivery of the Prize Vehicle shall be at Sponsor's sole discretion, and the Promotion Entities expressly disclaim any liability in conjunction with any alleged hardship caused by the distance from Winner’s residence or other location to Dealership selected by the Sponsor for claiming the Prize Vehicle. The Winner will have up to thirty (30) days to go to the Dealership and choose the Prize Vehicle of their choice upon Winner verification by Sponsor/Administrator. Actual delivery of the Prize Vehicle is subject to manufacturer/distributor/dealer manufacturing, production and delivery schedules which may be affected by supply chain issues, materials shortages or like issues. License, registration, insurance fees, additional/optional equipment, and all other costs and expenses not specified herein are not included and are solely the Winner's responsibility - including without limitation any travel or transportation costs associated with winning/claiming the Vehicle as well as any and all costs incurred in operating and maintaining the Vehicle. Winner must accept delivery of the Vehicle from such Sponsor-selected facility within thirty (30) days of awarding. If Winner fails to accept delivery of the Vehicle within this period, Winner will forfeit their claim to the Grand Prize (i.e., both Vehicle AND cash option as well as Alani Nu e-gift cards will be forfeited) and the Released Parties (as defined in Rule 11 below) will have no further liability to Winner. Vehicle color and specifications are subject to availability. Any depiction of Vehicle is for illustrative purposes only and may not be the actual Vehicle awarded. Winner bears the risk of damage to Prize Vehicle after accepting delivery from Dealership. All reasonable efforts shall be used to provide the model stated above or at least a Prize having substantially the same dealer cost, as determined by Sponsor in its sole discretion. Prize will be delivered solely with the express written limited warranties of manufacturer set forth in the warranty booklet. Winner is not eligible for any cash rebate programs. Winner agrees that Sponsor has neither made nor is responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the Grand Prize, including, but not limited to, the quality, mechanical condition, or fitness of the vehicle. Sponsor is not responsible for any delays in the award of the Prize due to Vehicle unavailability or otherwise.
Administrator will furnish an Internal Revenue Service Form 1099 to Grand Prize Winners for the fair market value of Prize in the name of Winner for the calendar year in which it was won.
For All Prizes:
Any images of prizes/prize components in advertising are for illustrative purposes only and actual items awarded as prizes/prize components may differ from such images for various reasons; and Sponsor and Administrator disclaim any and all liability in conjunction therewith.
Prize must be accepted as awarded. For Grand Prize, receipt of Alani Nu e-gift cards is made contingent upon acceptance of Vehicle or cash option.
Alani Nu e-gift cards are subject to terms and conditions of Sponsor as issuer of same, including expiration date. Gift card cannot be redeemed for cash except where required by applicable law. Grand Prize winner may in his/her sole discretion use Alani Nu e-gift cards to purchase Alani Nu products to share with a friend. Friend tagged in winning Sweepstakes Entry will not receive any prize in the Sweepstakes.
Winner is solely responsible for paying all taxes (except for where otherwise noted) which may include but are not limited to: income, local, state and federal taxes. Sponsor reserves the right to substitute a similar Prize of comparable or greater value for any reason. Prize cannot be transferred by Winner and is only as detailed above, with no substitution of Prize by Winner. If Prize is unclaimed within a reasonable time after notification from Sponsor, as determined by Sponsor in its sole discretion, it will be forfeited, and an alternate Winner may be selected from the remaining eligible Entries at Sponsor's sole discretion.
THE RELEASED PARTIES EXPRESSLY DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY ARISING FROM USE OR REDEMPTION OF THE PRIZE, AS FURTHER SET FORTH IN THESE OFFICIAL RULES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES OR INJURIES SUSTAINED BY THE WINNER FOR ANY REASON, INCLUDING FROM ANY PART OF THE PRIZE OR ANY OTHER CAUSE(S) BEYOND THE RELEASED PARTIES’ REASONABLE CONTROL.
THE RELEASED PARTIES MAKE NO WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OF THE PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. (THE PRECEDING ONLY EXCLUDES SPONSOR’S WARRANTIES ON ITS OWN PRODUCTS AVAILABLE VIA REDEMPTION OF ALANI NU E-GIFT CARD.)
11. LIMITATIONS ON LIABILITY: By entering, entrants agree that Sponsor, Administrator, Meta Platforms, Inc., and each of their respective parents, subsidiaries and affiliated companies, advertising and promotion agencies, prize suppliers, and all of their respective officers, directors, employees, representatives and agents (collectively "Released Parties") will have no liability whatsoever, and shall be released and held harmless by entrants, for any injuries, claims, losses or damages of any kind to persons, including death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize (or part thereof) or participation in this Sweepstakes or participation in any Sweepstakes-related activity, or entrant’s failure to comply with the Official Rules. The Released Parties shall not be liable to any Winner or any other person for failure to supply any prize(s) 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), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, 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 the Released Parties’ control. The Released Parties are not responsible for entries that are illegible, lost, late, damaged, incomplete, misdirected, or stolen; or for typographical or other errors in the offer or administration of this Sweepstakes, including but not limited to: errors in advertising, Official Rules, selection and announcement of Winners and distribution of prizes; or for lost, interrupted or unavailable network, server, satellite, Internet Service Provider (ISP), website or other connections, availability or accessibility; or for miscommunications, failed computer, telephone or cable transmissions, lines, or technical failure; or jumbled, corrupted, scrambled, delayed, or misdirected transmissions, computer hardware or software malfunctions, failures or difficulties; or for any other errors of any kind whether human, mechanical, electronic, technical or network, even if caused by the negligence of any of the Released Parties; or for the incorrect or inaccurate capture of entry or other information or the failure to capture any such information; or for any misdirection or delay of any e-mail/entry to be received on account of technical problems or traffic congestion on the Internet and/or the Instagram social media platform, or any combination thereof, including any injury or damage to entrant’s or any other person’s mobile device/computer related to or resulting from participation in or downloading or uploading any materials in connection with the Sweepstakes; or for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes; or for any personal injury, death, or damage to or loss of property, arising out of receipt or use or misuse of any component of any prize produced and/or manufactured by a prize provider or other third party. Should an entry be lost, corrupted or unrecorded for any reason, the sole liability of Sponsor is replacement with another entry, if feasible; but, if not feasible, Sponsor shall not have any liability for same.
If Sponsor’s or Administrator’s use of your Sweepstakes Entry causes Sponsor or Administrator to be subject to a claim by any third party (including, but not limited to, a claim of infringement), you agree to indemnify and hold harmless the Released Parties, and all persons acting by, through, under or in concert with them, against any and all damages, costs, judgments and expenses (including reasonable attorney’s fees) which the Released Parties (or any one of them) may incur as a result of the use of your Sweepstakes Entry.
12. GENERAL CONDITIONS: Persons who tamper with or abuse any aspect of the Sweepstakes as solely determined by Sponsor, may be disqualified, and Sponsor reserves the right to terminate such entrant's eligibility in this Sweepstakes and any concurrent or future promotions offered by Sponsor. Sponsor may also disqualify from this Sweepstakes and any concurrent or future promotions offered by Sponsor any person that acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person or for any other good cause as solely determined by Sponsor. Should any portion of the Sweepstakes be, in Sponsor's sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Sweepstakes, and select the Winners from eligible entries received prior to the action taken or as otherwise deemed fair and appropriate by Sponsor. Notice of such action by Sponsor will be posted on @alaninutrition.
Except where legally prohibited, Winners grant (and agree to confirm in writing) permission for the Released Parties to use such Winners’ name, photograph, voice, likeness, and/or statements made by, or attributed to the Winner in all media now known or hereafter discovered, worldwide, including without limitation on the World Wide Web, without notice, review or approval or additional compensation and in perpetuity.
13. DISPUTES: Entrant agrees that: (a) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION AT LAW OR IN EQUITY ARISING OUT OF OR CONNECTED WITH THIS SWEEPSTAKES, OR THE AWARD OF PRIZES, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (b) 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 (c) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and waives any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. 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 or Released Parties in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
14. PRIVACY POLICY/DATA COLLECTION: Information provided by you for this Sweepstakes is subject to Sponsor’s privacy policy located at https://www.alaninu.com/policies/privacy-policy ("Privacy Policy").
15. WINNERS’ LIST: To obtain the names of the Winners of the Sweepstakes, send a properly stamped self-addressed envelope, by October 16, 2023 to Alani Nu 1 Million Followers Sweepstakes Winners, c/o Probability, PO Box 1559, Social Circle, GA 30025-1559.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram.
