Dymatize National Coffee Day Giveaway
By entering the Dymatize National Coffee Day Giveaway (the “Giveaway”), you are signifying that you have read and agree to be legally bound by these Official Rules (the “Rules”) and that the decisions of the Giveaway sponsor Premier Nutrition Company, LLC (“Sponsor”) are final and binding. You further acknowledge that winning a prize is contingent upon fulfilling all the requirements set forth herein. Instagram and Dunkin’ are not sponsors of nor responsible for the conduct or administration of this Giveaway.
1. How to Enter
Sponsor will make a post on its Dymatize Instagram account (@dymatize) announcing the Giveaway on September 29, 2023 (the “Post”). The Giveaway begins when the Post is made and ends at 11:59 pm PDT on October 2, 2023 (the “Giveaway Period”). You may enter by completing the following steps: (1) sign-in to your Instagram account (“Account”) or, if you are not already a member, become a member of Instagram and sign-in to your Account; (2) “follow” the Dymatize Instagram account; (3) “like” the Post; and (4) post a comment on the Post consistent with the instructions specified in the Post (“Entry Comment”) to receive one (1) entry in the random drawing. Normal internet access and usage charges imposed by your online service will apply. All times and days are Pacific Standard Time and the Sponsor’s computer will be the time keeping device for the purposes of this Giveaway.
All entries must be received during the Giveaway Period to be considered. Only one (1) entry per person per Giveaway post (regardless of whether one person has more than one Account or more than one person uses the same Account) throughout the Entry Period. In event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed to be submitted by the natural person who is the “authorized account holder” assigned to the Account by Instagram. Entries by any method other than set forth above in Section 1 are void. Use of any automated system to enter, as determined by Sponsor in its sole judgment, is prohibited and will result in disqualification at Sponsor’s sole discretion. Giveaway will be open only to persons who, upon entering, are 18 years or older and are legal residents of, and those physically located within, the United States (the “Territory”). The Sponsor, their advertising, promotional and fulfillment agencies, (individually and collectively, “Entities”) including any of their officers, directors, shareholders, agents, employees, or representatives and members of their households or immediate families are not eligible to enter or win. Neither are the Entities, nor any of their officers, directors, shareholders, employees, agents or representatives (individually and collectively, “Releases”) responsible for entries from persons residing, or physically located, outside the Territory, or entries that are altered, delayed, deleted, destroyed, forged, fraudulent, improperly accessed, inaccurate, incomplete, interrupted, irregular in any way, late, lost, misdirected, multiple, non-delivered, tampered with, unauthorized, unintelligible or otherwise not in compliance with these Rules; or for lost, interrupted or unavailable network, server or other connections; miscommunications; failed phone, computer hardware or software or telephone transmissions; technical failures; unauthorized human intervention; traffic congestion; garbled or jumbled transmissions; or other errors of any kind, whether due to electronic, human, mechanical, printing, production or technical errors or other causes; even if caused by the negligence of any of the Releases. Each of such potential entries will be disqualified and any attempt by a person to use multiple Accounts to register more than once may result in disqualification at Sponsor’s sole discretion. Void where prohibited or restricted by law and subject to all applicable federal, state, local and municipal laws and regulations.
There will be up to five (5) winners of the Giveaway. Winners will receive one (1) special edition Dymatize Shaker Bottle, one (1.4 lb.) tub of Dunkin’ ISO100 Mocha Latte flavor, and one (1.4 lb.) tub of Dunkin’ ISO100 Cappuccino flavor. The approximate retail value of the prize package is $55. The prize may not be sold or transferred or exchanged. All expenses not specifically mentioned herein are not included and are solely the winner’s responsibility. Prize is not redeemable for cash or transferable. No substitution allowed except that Sponsor may, at Sponsor’s sole discretion, substitute a prize of equal or greater value. The prize cannot be used in conjunction with any other promotion or offer.
4. Selecting winners
After the Giveaway Period ends, Sponsor will conduct a random drawing of all eligible entries and select the potential winners. The odds of winning depend on the total number of eligible entries received.
5. Notification to winners
The potential winners will be notified via Instagram direct message to the participating Instagram account and by a reply to the Entry Comment within twenty-four (24) hours of the random drawing. Potential winners will be required to respond to the direct message and/or Entry Comment and may be required to subsequently execute and return an affidavit of eligibility, a liability release and, where lawful, a publicity release within three (3) days of date of issuance. If such documents are not returned within the specified time period, prize notification is returned as undeliverable, Sponsor is unable to contact the potential winner or the potential winner is not in compliance with these Rules, the prize will be forfeited and, at Sponsor’s discretion, an alternate winner may be selected. Sponsor is not responsible for changes to the Comment Reply function that may interfere with winner notification. At the sole discretion of the Sponsor, disqualification, forfeiture and the selection of an alternate winner may result from any of the following:  potential winner’s failure to respond to initial direct message of Entry Comment notification within twenty-four (24) hours after its transmission;  the failure of notification due to deactivation of the potential winner’s Account prior to receipt of notification;  potential winner’s failure to “follow” the Dymatize Instagram pages;  potential winner’s Account “protected mode” is set so that the potential winner’s updates/responses may not be visible to Sponsor;  potential winner’s failure to provide Sponsor with satisfactory proof of age, identity and residency; or  any other non-compliance with Rules. Winner is responsible for all applicable federal, state and local taxes, if any, as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided. All prize details are at Sponsor’s sole discretion.
6. Representations and Warranties
By entering this Giveaway and/or accepting any prize you may win, you agree, represent and warrant that:  you will be bound by the Rules and the Sponsor’s decisions, which shall be final in all respects;  during the Entry Period you will disclose your relationship with Sponsor in any online posts you make which reference Sponsor or any of Sponsor’s products or services by including the term or the statement “I entered a Dymatize Giveaway” in any such online posts;  if you are selected as the winner you will continue to disclose your relationship with Sponsor in all online posts you make that reference Sponsor or any of Sponsor’s products or services by including “#paid” or the statement “I received a gift from Dymatize” in any such online posts;  the entry becomes solely the Sponsor’s property and will not be acknowledged or returned;  you release and hold harmless the Releases from any and all liability for claims, injuries, 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, possession, loss or misdirection of the prize; participation in the Giveaway or any Giveaway-related activity or travel or from any interaction with, or downloading of, computer Giveaway information;  the Releases do not make any representation, warranty or guarantee, express or implied, relating to the Giveaway or the prizes;  winner’s acceptance of a prize constitutes the grant to Sponsor and assigns of an unconditional right to use winner’s name, address (city and state only), voice, likeness, photograph, biographical and prize information, statements about the promotion and/or live and taped performances of interviews for any programming, publicity, advertising and promotional purposes without additional compensation, except where prohibited by law;  in the event viruses, bugs, mechanical or electrical interruptions, unauthorized human intervention, Acts of God, acts or regulations of any governmental or supra-national authority, war, national emergency, accident, fire, riot, strikes, lock-outs, industrial disputes, acts of terrorism or other matters beyond the Sponsor’s reasonable control, corrupt, prevent or impair the administration, security, fairness or proper play of the Giveaway, so that it cannot be conducted as originally planned, Sponsor has the right, in its sole discretion, to modify the Rules or to cancel, modify, terminate or suspend the Giveaway; and in such event, to select winners by such method as Sponsor in its sole discretion shall consider equitable;  the Releases are not responsible for typographical or other errors in the offer or administration of this Giveaway, including but not limited to: errors in the advertising, Rules, selection and announcement of the winners and distribution of the prizes;  the Releases are not responsible for any inability of the winner to accept or use the prize (or any portion thereof) for any reason;  Sponsor has the right to modify prize award procedures at its sole discretion;  the Releases are not responsible for changes to any Instagram function that may interfere with Giveaway or your ability to timely enter; and  Releases are not responsible for any failure of delivery of winner notification.
7. Choice of law
All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of participant and Sponsor in connection with the Giveaway, shall be governed by, and construed in accordance with, the substantive laws of the State of California, USA.