(to be included in all social media posts and anywhere that the Sweepstakes is advertised)
Sweepstakes begins at 12:00 am EST on 02/22/2022 and ends at 12:00 pm EST on 3/29/2022. Only one Entry per person allowed. NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. Open to legal residents of the United States, DC, and PR, who have reached the age of majority, (excluding Florida and New York residents). First Prize is: two tickets to the men's semifinals and men’s finals NCAA games in New Orleans 4/2/222 and 4/4/22; two tickets to Fan Fest; and accommodations. Second Prize is an Apple Air Pro iPad. Third is an Apple iPad Mini. Odds of winning depend on the number of entries received; Winners will be chosen by random drawing. ARV of First Prize is $9,990.00; Second Prize ARV is $1,199.00; Third Prize ARV is $499.00. Winners are responsible for travel costs and all taxes associated with the prizes. Sweepstakes not open to Sponsor employees. Subject to full Official Rules at [https://healthwithdes.com/]. Sponsor: healthwithdes.com. This promotion is in no way sponsored, endorsed, or administered by, or associated with any social media platform, Apple, or the NCAA.
Sweepstakes Official Rules & Regulations
BY ENTERING THE SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT.
- SWEEPSTAKES PERIOD: The #HealthWithDesGiveaway (the “Sweepstakes”) 12:00 am EST on 02/22/2022 and ends at 12:00 pm EST on 3/29/2022 (the “Sweepstakes Period”). Sponsor’s computer is the official clock for the Sweepstakes.
- ELIGIBILITY: Sweepstakes only open to residents of the United States, DC, and PR, who have reached the age of majority, except for residents of the state of Florida and state of New York. Employees of Sponsor and its affiliates, subsidiaries, divisions, fulfillment and advertising and promotion agencies (“Sweepstakes Entities”), their immediate family members (spouse, parent, child, sibling, and their respective spouses, regardless of where they reside), and those living in the same household of each such individual, whether or not related, are not eligible to enter or win.
- HOW TO ENTER:
LIMITS: There is a limit of one (1) Entry per person for the entire Sweepstakes Period. All Entries become the property of Sponsor and will not be acknowledged or returned.
METHOD OF ENTRY: There are two methods of Entry for this Sweepstakes. You are automatically entered to win upon purchase from healthwithdes.com of one apparel item and one Vitamin D3 supplement. To enter via the alternate method of entry, you must have or must create a public Instagram, YouTube, or TikTok account. Membership on YouTube, Instagram, and TikTok is free. After you have established your public Instagram, YouTube, or TikTok account, locate the @healthwithdes page. You can become an Entrant by following the @healthwithdes Instagram, YouTube, or TikTok account. NO PURCHASE NECESSARY TO ENTER OR WIN.
By entering via a third party social network site, you are authorizing Sponsor to access, utilize and/or pre-load applicable portions of your social network site information into the entry form (although clicking on a separate button may be required to access this function, for example clicking on a “Instagram Login” button). Sponsor reserves the right, at any time and for any reason or for no reason, to disassociate any person from its social media network page/following by any means then technically available to it (for example, “blocking” your account from liking or following Sponsor’s account).
Entrant acknowledges that Sponsor cannot control certain factors relating to use of the Instagram, YouTube, or TikTok platforms, including, without limitation, errors, cancellation of accounts or technical malfunctions that may affect any Entrant’s ability to enter, win, view, be advised of, be eligible for or be properly considered in the Sweepstakes. Multiple Entrants are not permitted to share the same email address or Instagram account. Any attempt by any Entrant to obtain more than the stated number of entries by using multiple/different Instagram accounts, email addresses, identities, registrations and logins, or any other methods will void that Entrant’s Entry and that Entrant may be disqualified. Each potential winner may be required to show proof of being an authorized account holder. In the event of a dispute regarding the identity of a User, a person who can demonstrate the ability to log into the applicable account with the correct user name and password will be deemed the User who submitted the entry. Sponsor may message Entrant via Instagram, YouTube, or TikTok direct message to obtain email address for verification.
The following entities are not sponsors, do not endorse, and are in no way affiliated with the Sweepstakes: Instagram, YouTube, or TikTok, Apple, Roadtrips.com, Hyatt, or the NCAA.
- PRIZES, PRIZE DRAWING, AND ODDS OF WINNING:
PRIZE DRAWING: Sponsor will conduct three random prize drawings from all eligible entries received during the Sweepstakes Period. The first randomly selected winner will be the potential First Prize Winner, and the same process will be repeated for the Second and Third Prize Winners. The drawing will be conducted within one (1) day of the end of the Sweepstakes Period. Odds of winning depend on number of eligible entries received. Non-winning entries will not carry forward to or be included in any subsequent sweepstakes or prize drawings of Sponsor.
PRIZE DETAILS: Total of one (3) prizes. First Prize Winner will receive: two tickets each to the men's semifinals and men’s finals NCAA college basketball games in New Orleans scheduled to be played on April 2 and April 4, 2022; a four-night stay for two individuals at the Hyatt Centric in Downtown New Orleans, Bourbon Street View Room with Balcony and one King Bed, beginning 4/1/22; two tickets to the Final Four Fan Fest NCAA event; and a commemorative gift package provided at the discretion of the Hyatt Centric hotel (“First Prize”). Second Prize Winner will receive: an Apple Air Pro iPad (“Second Prize”). Third Prize Winner will receive: an Apple iPad Mini (“Third Prize”). The approximate retail value (“ARV”) of the First Prize is U.S. $9,990.00. The ARV of the Second Prize is U.S. $1,199.00. The ARV of the Third Prize is U.S. $499.00. The Prizes will be shipped at no expense to the Winner. Sponsor will notify a Potential Winner by sending a message to the Potential Winner via email or direct message. The Potential Winner is responsible for responding and providing the correct ship-to address within 1 day after issuance of notification. The Winner is solely responsible for any taxes on the prize. Only one prize will be awarded per Winner. First Prize Winner is responsible for all travel costs and compliance with federal, state, and local laws or regulations regarding travel.
PRIZE AWARDING: All Prizes will be awarded, provided more than enough entries have been received. Sponsor will not replace any lost or stolen prize. No transfers, cash awards, or prize substitutions are permitted, except by Sponsor. Sponsor reserves the right to substitute a prize with one of comparable or greater value, at its sole discretion. Prize awarded is subject to verification of eligibility and compliance with these Official Rules. Prize winner may be required to sign an affidavit of eligibility, liability release, and where legal, a publicity release (collectively, the “Affidavit”), and return the same, properly executed, within seven (7) days of issuance of notification. If a prize or prize notification is returned as undeliverable; or if a Potential Winner cannot be contacted after a reasonable number of attempts, is ineligible according to these Official Rules, fails to provide the required information and/or return the required documents within the specified time period, decides to decline his/her prize for any reason whatsoever, or otherwise fails to fully comply with these Official Rules, he/she will forfeit his/her prize and the prize may be awarded to an alternate winner from among all remaining eligible entries received, in the Sponsor’s sole discretion. Upon disqualification, no compensation will be given. Once the Affidavit is received within the specified time period, is verified, and receives final approval by Sweepstakes Entities, then and only then will a Potential Winner become an actual Winner. Prize will be awarded in the name of the Winner. Decisions of the Sponsor are final in all respects of the Sweepstakes.
PRIZES WILL BE ACCEPTED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE). Sweepstakes Entities 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, relative to a prize, including express warranties provided exclusively by a prize manufacturer that may be sent along with a prize. Winner will not be obligated to purchase any other Sponsor products or services. Entrant agrees to indemnify, release, and hold harmless Sweepstakes Entities from losses or damages of any kind, including without limitation, death and bodily injury, resulting, in whole or in part, directly or indirectly, from the awarding, delivery, acceptance, use, misuse, or possession of the prize resulting from participating in this Sweepstakes. Entrant acknowledges and agrees that Sponsor has not arranged for nor carries any insurance of any kind for the benefit of Entrant or that of Entrant’s heirs, executors, and administrators relative to Entrant’s use of the prize awarded to Entrant; and that Entrant is solely responsible for obtaining and paying for any insurance relative to the prize awarded to Entrant.
- CONDITIONS OF ENTRY: Sweepstakes Entities are not responsible for incorrect or inaccurate transcription of entry information, or for any human or printing error in these rules or any promotional materials, technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software, or any other error or malfunction, or any injury or damage to participant’s or any other person’s computer related to or resulting from participation in the Sweepstakes, or for late, lost, stolen, illegible or misdirected entries. Entry materials that have been tampered with or altered are void. If, in the Sponsor’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of this Sweepstakes, or if any difficulties compromise the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, the Sponsor reserves the right to void any entries at issue and/or to suspend, modify, cancel, or terminate the Sweepstakes, in whole or in part, at any time without notice and award the prizes in a random drawing from among all non-suspect eligible entries received as of the termination date. In case of a dispute as to the owner of an Entry, Entry will be deemed to have been submitted by the authorized account holder of the Instagram account with which the Entry was made. The authorized account holder is deemed as the natural person assigned to an email address by an Internet access provider, service provider, or other organization responsible for assigning email addresses or the domain associated with the submitted email address. In the event of time of war, national emergency, accident, dangerous weather conditions, fire, riot, strikes, lock-outs, industrial disputes, acts of terrorism, or other matters beyond the Sponsor's reasonable control, Sponsor has the right, in its sole discretion, to terminate the Sweepstakes. Notice of such action will be posted online at [https://healthwithdes.com/] Caution: Any attempt by a participant or any other individual to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek damages and/or other remedies from any such person to the fullest extent permitted by law.
- DISPUTES: This Sweepstakes is conducted in English. Except where prohibited, all issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the participant and Sponsor in connection with this promotion, shall be governed by, and construed in accordance with, the laws of the State of Illinois, without giving effect to any choice of law or conflict of law rules (whether of the State of Illinois, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than in the State of Illinois.
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE 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 FIFTY DOLLARS ($50.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT 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 FIFTY DOLLARS ($50.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY.
- DISPUTE RESOLUTION: The parties each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in Illinois and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action, or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. ("JAMS") or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a "Demand for Arbitration," then either party can elect to have the arbitration administered by the American Arbitration Association ("AAA") or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Chicago, IL. If, however, this location is not convenient for the hearing, the parties may mutually agree on an alternative location. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in the State of California. Sponsor agrees to pay the administrative and arbitrator's fees in order to conduct the arbitration (but specifically excluding any travel or other costs of Entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
- WHO WON: For the names of the prize winners, available from 4/1/2022 to 6/1/2022, please access: [https://healthwithdes.com/]; or send a self-addressed, stamped envelope, by 5/1/2022, to Barnes & Thornburg LLP, 1 N. Wacker Dr., Ste. 4400, Chicago IL 60606.
- SPONSOR: Kristen’s Kids, Inc. D/B/A/ healthwithdes.com.