PRELIMINARY INFORMATION: NO PURCHASE NECESSARY. A purchase will not improve your chances of winning. Void where prohibited. The #MySHShake Contest will begin on October 25, 2019 at 12:01 A.M. PT and end on November 22, 2019 at 11:59 P.M. PT (“Contest Period”). All times in the Contest refer to Pacific Time (“PT”). Odds of winning depend upon the number of eligible Entries (as defined below) received. Contest is subject to all applicable federal, state and local laws.
ELIGIBILITY: Open only to permanent, legal United States residents who are physically residing in one (1) of the fifty (50) United States or the District of Columbia (excluding Puerto Rico, Guam, the Virgin Islands and other United States territories), and who are eighteen (18) years of age or older and of the age of majority in their state of residence as of the start of the Contest Period. Officers, directors, and employees of Contest Entities (as defined below), members of these persons’ immediate families (spouses and/or parents, children, and siblings, and each of their respective spouses, regardless of where they reside), and/or persons living in the same households as these persons (whether or not related thereto) are not eligible to enter or win the Contest. Contest Entities, as referenced herein, shall include Stayhealthy Inc and each of its respective parent, subsidiary, and affiliate companies, and each of their respective administrative, advertising, and promotion agencies, and any other entity involved in the development, administration, promotion, or implementation of the Contest (collectively the “Contest Entities”).
TO ENTER: As part of your Entry (as defined below), you will be required to submit a video (“Video”), with a duration of no longer than sixty (60) seconds, on the following theme: Your dance to the Stay Healthy Shake by The Snack Town All-Stars
Video must have been taken by you, and you must have permission of any person who appears or is identified in the Video. If any minors appear in the Video, the entrant must be that minor’s parent and/or legal guardian. Professional Videos or Videos with watermarks are not eligible. The Video should not contain or reference any music, or any brand names, products or services of any company (other than "The Stay Healthy Shake" by The Snack Town All-Stars), or any third party trademarks, copyrights, logos, trade dress or promotion of any brand, product or service (“Third Party IP”).
You may enter the Contest in one (1) of the following three (3) ways:
Twitter Entry and Facebook Entry may collectively be referred to herein as “Entry” or “Entries.”
All Entries become the property of Sponsors and will not be acknowledged or returned. Video and any statements in connection with the Entry may collectively be referred to herein as “Submission” or “Submissions.”
By entering the Contest, each entrant agrees to the posting of such entrant’s name and Submission, in whole or in part, on the Website and/or social media pages, including but not limited to their Twitter, Instagram, and Facebook pages. In the event a Submission contains or references any Third Party IP, Sponsors, in their sole discretion, reserve the right to edit and/or alter the Submission, including blurring, pixelating or otherwise removing any reference to such Third Party IP.
By entering the Contest, entrants grant Sponsors the non-exclusive, royalty-free, and irrevocable rights to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit the Submission and to incorporate the Submission in other works in any and all markets and media worldwide in perpetuity. Entrants warrant that they have the sole and exclusive right to grant such rights to Sponsors and that the Sponsors’ reproduction, publishing, displaying, and/or other use of the Submission will not infringe on any rights of third parties, including, without limitation, copyright, trademark, privacy, or publicity, or create claims for defamation, false light, idea misappropriation, intentional or negligent infliction of emotional distress, or breach of contract. If any Submissions contain material that is violent, pornographic, obscene, illegal, inappropriate, or racially or morally offensive or if any Submissions do not comply with these Official Rules or meet Sponsors’ standards for any reason, as determined by Sponsors in their sole discretion, such Submissions (and the related Entries) may be rejected as ineligible for consideration and/or deleted from the Sponsors’ Twitter, Instagram and/or Facebook pages (as applicable). Entries must comply with all applicable laws, rules, and regulations. Sponsors shall have no obligation to copy, publish, display, or otherwise exploit the Submissions.
You may enter only once during the Contest Period. Multiple Entries received from any person beyond this limit will void all such additional Entries. Entries must be received before November 22, 2019 at 11:59 P.M. PT to be eligible for the Contest. Sponsors’ computer shall be the official timekeeper for all matters related to this Contest. Any person found to have used multiple accounts to enter will be deemed ineligible and disqualified. Entries generated by a script, macro, or other automated means or by any means that subverts the entry process will be disqualified. Entries that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted. In case of a dispute over the identity of an entrant, the authorized account holder of the Twitter, Instagram or Facebook account used to enter will be deemed the entrant. “Authorized account holder” of a Twitter account is defined as the person who is assigned to a Twitter account by the Twitter Website. “Authorized account holder” of an Instagram account is defined as the person who is assigned to an Instagram account by the Instagram Website. Authorized account holder” of a Facebook account is defined as the person who is assigned to an Facebook account by the Facebook Website. Entry constitutes permission (except where prohibited by law) to use entrant’s name, Twitter, Instagram and/or Facebook user name (if applicable), city, state, likeness, image, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval.
JUDGING; WINNER SELECTION AND NOTIFICATION: A panel of qualified judges selected by Sponsors (“Judges”) will review the eligible Entries received during the Contest Period. Eligible Entries will be able to be voted on by viewers. The Video Entry with the most votes will be crowned the winner. In the event of a tie, the Judges will break the tie by selecting the tied entrant who received the highest points from the Judges for Originality as the potential Winner(s). In the event a tie remains, the tied Entries will be judged by an additional tie-breaking judge, using extra Judging Criteria, to determine which of the tied entrants will be the potential Winner(s). Decisions of Sponsors and Judges are final and binding with respect to all matters related to the Contest. Winning is subject to verification of eligibility. Sponsors reserve the right to extend the Contest Period if in their sole discretion, Sponsors do not receive a sufficient number of eligible and qualified Entries.
Sponsors will make two (2) attempts to notify the potential Winner via direct message to potential Winners’ Twitter, Instagram or Facebook account (as applicable) and/or by leaving a comment on potential Winner’s Twitter, Instagram or Facebook Entry (as applicable). Sponsors may share entrants’ and/or potential Winners’ names and contact information with Contest Entities and/or any Prize Provider, as applicable, if necessary. Potential Winners may be required to execute and return an affidavit of eligibility, release of liability, and, except where prohibited, publicity release (collectively, “Contest Documents”) within two (2) days of such notification. Noncompliance within this time period may result in disqualification. If a potential Winner cannot be reached, is found ineligible, cannot or does not comply with the foregoing requirements and these Official Rules, does not satisfactorily execute all of the Contest Documents, or if Prize (defined below) or prize notification is returned as undeliverable, such potential Winner may be disqualified and, at Sponsors’ discretion and time permitting, an alternate potential Winner may be selected from among all eligible remaining Entries based on the Judging Criteria.
PRIZE: There will be one (1) prize awarded (“Prizes”; each a “Prize”). The Prize consists of the following: one (1) Samsung Galaxy Tab S6 10.5", 256GB, Mountain Gray (Wi-Fi) S Pen included. To redeem the Prize, Winner must provide Sponsor with a qualified mailing address and promptly reply to all correspondence from Sponsor.
Estimated Retail Value (“ERV”) of Prize is one hundred dollars ($729.99). Actual Retail Value (“ARV”) of Prize may vary. Any difference between ERV and ARV will not be awarded.
All details of Prize will be determined by Sponsors in their sole discretion. Sponsors reserve the right to substitute Prize (or portion thereof) with a similar prize (or prize element) of comparable or greater value. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of Prize are the sole responsibility of Winners. Prize cannot be transferred by Winners or redeemed for cash and is valid only for the items detailed above, with no substitution of Prize by Winners. If Prize is unclaimed within a reasonable time after notification from Sponsors, as determined by Sponsors in their sole discretion, it will be forfeited, and time permitting, an alternate Winners may be selected from the remaining eligible entries at Sponsors’ sole discretion and based on the Judging Criteria.
CONDITIONS: By entering the Contest, each entrant agrees for entrant and for entrant’s heirs, executors, and administrators (a) to release and hold harmless Contest Entities, Twitter, Instagram, Facebook, and each of 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 Contest and/or his/her acceptance, possession, use, or misuse of Prize or any portion thereof (including any travel related thereto); (b) to indemnify Released Parties from any and all liability resulting or arising from the Contest and to hereby acknowledge 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, relative to Prize, including express warranties provided exclusively by prize supplier that are sent along with Prize; (c) if selected as the Winner, to the posting of such entrant’s name on the Website and the use by Released Parties of such name, voice, image, and/or likeness for publicity, promotional, and advertising purposes in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval, and, upon request, to the giving of consent, in writing, to such use; and (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Contest itself, and to be bound by all decisions of the Sponsors, which are binding and final. Failure to comply with these conditions may result in disqualification from the Contest at Sponsors’ sole discretion.
ADDITIONAL TERMS: Sponsors reserve the right to permanently disqualify from any promotion any person they believe has intentionally violated these Official Rules. Any attempt to deliberately damage the Contest or the operation thereof is unlawful and subject to legal action by Sponsors, who may seek damages to the fullest extent permitted by law. The failure of Sponsors to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsors (excepting compliance with applicable codes and regulations), or other “force majeure” event will not be considered a breach of these Official Rules. Released Parties assume no responsibility for any injury or damage to entrants’ or to any other person’s computer relating to or resulting from entering or downloading materials or software in connection with the Contest. Released Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of entry information; for errors in any promotional or marketing materials or in these Official Rules; for any human or electronic error; or for entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned. Sponsors reserve the right to cancel, modify, or suspend the Contest or any element thereof (including, without limitation, these Official Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Official Rules). In the event of cancellation, modification, or suspension, Sponsors reserve the right to select Winners in a random drawing from among all eligible, non-suspect entries received prior to the time of the event warranting such cancellation, modification, or suspension. Notice of such cancellation, modification, or suspension will be posted on the Website. Sponsors may prohibit any entrant or potential entrant from participating in the Contest, if such entrant or potential entrant shows a disregard for these Official Rules; acts with an intent to annoy, abuse, threaten, or harass any other entrant, Sponsors, or Sponsors’ agents or representatives; or behaves in any other disruptive manner (as determined by Sponsors in their sole discretion). Sponsors reserve the right to modify these rules for clarification purposes without materially affecting the terms and conditions of the Contest.
DISPUTES: The Contest is governed by, and will be construed in accordance with, the laws of the State of Los Angeles, and the forum and venue for any dispute shall be in Los Angeles, California. If THE controversy or claim is not otherwise resolved through direct discussions or mediation, it shall THEN be resolved by FINAL AND binding arbitration administered by JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., in accordance with its Streamlined Arbitration Rules and Procedures or subsequent versions thereof (“JAMS Rules”). The JAMS Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be experienced and licensed to practice law in new york. All proceedings brought pursuant to this paragraph will be conducted in the County of new york. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
This Contest is in no way sponsored, endorsed or administered by, or associated with Twitter, Instagram, or Facebook. Entrants are providing information to Sponsors and not to Twitter, Instagram, or Facebook.