Nordic Naturals® 21-Day Challenge Sweepstakes Official Rules
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
ODDS OF WINNING ARE DEPENDENT UPON THE NUMBER OF ELIGIBLE ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW. AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY / PRIZE ACCEPTANCE AGREEMENT WILL BE REQUIRED. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH TWITTER, INC., META PLATFORMS, INC., FACEBOOK, INC., OR ANY THIRD PARTY NOT SPECIFICALLY DESIGNATED IN THESE OFFICIAL RULES.
The Nordic Naturals 21-Day Challenge Sweepstakes (the “Sweepstakes”) begins at 12:00:00 AM Pacific Time (“PT”) on December 16, 2022 and ends at 11:59:59 PM PT on January 29, 2023 (the “Sweepstakes Period”). Any attempted form of entry into the Sweepstakes other than as described in these Official Rules is void.
ELIGIBILITY: The Sweepstakes is open individuals who meet the following criteria at the time of entry and through the award of prizes: (a) are a citizen or legal resident of and physically residing in one (1) of the fifty (50) United States or the District of Columbia, and (b) are eighteen (18) years of age (or age of majority in their jurisdiction of residence, if over 18) or older at the time of Sweepstakes entry. Employees, officers and directors of Nordic Naturals, Inc. (the “Sponsor”) and any other party participating in the design, operation, promotion, or fulfillment of this Sweepstakes, and all of their respective partners, parent companies, divisions, subsidiaries, affiliates, trustees, advertising, promotion and public relations agencies, and their respective officers, directors, employees, agents, independent contractors, representatives and agencies (collectively, the “Sweepstakes Entities”) are not eligible to participate in the Sweepstakes and/or win a Prize (as defined below). Additionally, immediate family members of any such ineligible person and persons living in the same household as any such ineligible person (whether related or not) are not eligible to win. For the purposes of this Sweepstakes, “immediate family members” is defined as spouse, domestic partner, mother, father, grandmother, grandfather, children, siblings and their spouses, and “persons living in the same household” shall mean people who share the same residence at least three (3) months a year, whether legally related or not.
By entering this Sweepstakes, Entrants agree to be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all respects and cannot be challenged or appealed.
This Sweepstakes is void in Puerto Rico, Guam, American Samoa, all other United States territories, possessions, and protectorates, foreign based United States military installations and wherever restricted or prohibited by law. Any person who attempts to participate in this Sweepstakes, regardless of whether they satisfy the above eligibility requirements and/or ultimately enter the Sweepstakes successfully, is referred to in these Official Rules as an “Entrant”. All federal, state, and local laws and regulations apply.
HOW TO ENTER – There is ONE (1) way to enter:
Visit the Nordic Naturals website at www.nordic.com (the “Website”) during the Sweepstakes Period and complete the designated entry form for the Sweepstakes (the “Entry Form”). Entrant must complete and submit the Sweepstakes Entry Form, including all required information, including contact information requested, including, but not limited to, Entrant’s first name, last name, and e-mail address (“Personal Information”). Entrant will also be required to acknowledge that Entrant has read and agrees to the Sweepstakes Official Rules. By entering and providing a valid email address, Entrant consents to be contacted by Sponsor for Sweepstakes purposes. In addition, Entrant is agreeing to receive marketing emails from Sponsor. If Entrant wishes no longer to receive marketing emails from Sponsor, Entrant may unsubscribe from such email communication by clicking the ‘unsubscribe’ link that is located at the bottom of such communications.
If offered, Entrant may agree to receive text messages from Sponsor, or their authorized provider, throughout the Sweepstakes Period. If Entrant agrees to receive text messages from Sponsor or their authorized provider, Entrant certifies that Entrant is eighteen (18) years of age or older (or age of majority in their jurisdiction of residence), is a citizen or legal resident of and physically resides in one (1) of the fifty (50) United States or the District of Columbia (excluding Puerto Rico, Guam, American Samoa, United States territories, possessions, and protectorates, foreign based United States military installations and wherever restricted or prohibited by law or by these Sweepstakes Official Rules), and is the wireless account holder or has the account holder’s permission. Entrant’s carrier’s standard message and data rates may apply. Text messages are provided on an “as-is” basis. Data obtained by Sponsor in connection with text message may include Entrant’s cell phone number, carrier’s name, and date, time and content of message. Such information may be used by Sponsor to contact Entrant. Entrant may opt out of receiving text messages at any time by following the on-screen information.
Limit one (1) entry into the Sweepstakes per person, regardless of the number of times Entrant visits the Website during the Sweepstakes Period. If more than one unique Entry is received from the same person during the Sweepstakes Period, only the first Entry received will be considered valid. If it is discovered or suspected that a person has attempted to enter using multiple identities, all of that person’s Entries may be declared null and void and that person will not be awarded any prize that they might have been entitled to receive and such prize may be forfeited, at the Sponsors’ sole and absolute discretion.
Sponsor’s computer system shall be the official time-keeping device for the Sweepstakes. All Entries become the property of the Sponsor and will not be acknowledged or returned. Sponsor is not responsible for Entries that are lost, late, misdirected, illegible and/or incomplete, or contain any other error. Use of automated devices or pre-printed information is not valid for entry. Any Entry that is submitted with the use of an automated device will be void. Unreadable, inaccurate, unintelligible, or Entries which otherwise do not comply with these Official Rules will be disqualified.
PRIZE DRAWING. On or about January 30, 2023, a random drawing will be conducted by Sponsors from among all eligible entries received during the Sweepstakes Period.
ODDS. The odds of winning a prize depends on the number of eligible entries received.
WINNER NOTIFICATION: Each potential Prize Winner will be notified using the Personal Information provided during entry by either email or telephone (method to be selected by Sponsor in its sole discretion) on or about February 6, 2023 Each potential Prize Winner must respond within forty-eight (48) hours of notification, and in accordance with the instructions in the notification, or the Prize may, in Sponsor’s sole discretion, be forfeited. The Sweepstakes Entities are not responsible for false, incorrect, changed, incomplete or illegible contact information. Notification is deemed to have occurred immediately upon sending of an email and/or placing of a phone call. A potential Prize Winner who provides a P.O. Box may be required to provide an alternative physical address and this may cause a delay in notification and acceptance, so use of a P.O. Box is discouraged. The Sweepstakes Entities are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, insufficient space in Entrant’s email or voicemail inbox to receive messages, or any limitations associated with receipt or delivery of any communication.
Each potential Prize Winner may be required to submit an affidavit of eligibility / release of liability / prize acceptance agreement (collectively, the “Affidavit”) and return the Affidavit within the time period specified at notification before being eligible to receive their Prize. In addition, for any prize with a value of $600 or more, or in the event the potential Prize Winner has been awarded prizes in other promotions operated by Sponsor for which this prize will cause the total value of all prizes received in a calendar year from the Sponsor to be $600 or more, the potential Prize Winner shall be required to return a completed IRS Form W-9 to the Sponsor prior to Sponsor’s delivery of the prize (the “W9”). All Prize claims, including any required Affidavit, are subject to verification by Sponsor. If any potential Prize Winner fails or refuses to sign and return such Affidavit and W9 within the time period required by Sponsor or if the Prize or Prize notification is returned as rejected, faulty, unclaimed or returned as undeliverable to such potential Prize Winner, such potential Prize Winner may be disqualified and an alternate Prize Winner may be selected. Non-compliance shall result in disqualification. If any potential Prize Winner is found to be ineligible, or if they have not complied with these Official Rules and all other additional or supplemental rules or instructions, or declines a Prize for any reason prior to award, such potential Prize Winner may be disqualified and an alternate potential Prize Winner may be selected. If, for any reason, more bona fide Prize Winners come forward seeking to claim Prizes in excess of the number of each type of Prize set forth in these Official Rules, the Prize Winners, or remaining Prize Winners, as the case may be, of the advertised number of Prizes available may be selected in a random drawing from among all persons making purportedly valid claims for such Prize(s). Inclusion in such drawing shall be each Entrant’s sole and exclusive remedy under such circumstances. The Sweepstakes Entities are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential Prize Winner.
PRIZES/PRIZE RESTRICTIONS: A total of ten (10) Prizes, as defined below, will be awarded during the Sweepstakes. All Prizes legitimately claimed will be awarded.
PRIZE WINNERS:
Ten (10) prize winners will each receive: a one (1) year supply of the Nordic Naturals product of their choosing (the “Selected Product”) from among the Nordic Naturals products available on the Website (the “Prize”). The amount of the Selected Product constituting a one (1) year supply shall be determined by Sponsor based on the recommended daily dosage of the Selected Product, but under no circumstances shall the one (1) year supply exceed a total retail value of $500.00. The Prize must be accepted as awarded. Actual value of Prize will vary based on Selected Product. Winner will not receive any monetary difference between actual prize value and the maximum retail value provided in these Official Rules. .
Sponsor will strive to deliver each Prize in a single shipment to the designated Prize Winner within two (2) weeks after completion of each Prize Winner’s verification, or as communicated to Prize Winner should multiple shipments of the Prize be required. Any federal, state, and local taxes on a Prize are the sole responsibility of the Prize Winner. No transfer, substitution, refund, or cash equivalent for a Prize (or portion of prize) will be permitted, except at the sole discretion of the Sponsor and in such circumstance, an alternate prize (or portion of prize) of equal value (as determined solely by Sponsor) will be awarded and the Sponsor’s obligation to the winner will be fulfilled, and no other additional compensation will be provided.
Approximate Retail Value (“ARV”) of each Prize: dependent on Selected Product but in no case to exceed five hundred dollars ($500.00).
Should the Selected Prize be unavailable or “out of stock” on the Website, or later become unavailable or “out of stock”, Sponsor reserves the right to require the Prize Winner to choose another then-currently available Selected Product.
Each Prize Winner may be required to review and execute further contracts and releases provided by Sponsors to receive the applicable Prize. All terms and conditions as well as any other regulations and guidelines shall be applicable to the Prize, as set forth below.
The Approximate Retail Value (“ARV”) of all Prizes awarded is not to exceed $5,000.00.
PRIZE LIMITATIONS: Limit of one (1) prize per person and per household. If it is discovered during prize verification you have entered, attempted to enter, or used multiple names, addresses, or accounts to enter more than the stated limit, you will be disqualified at the discretion of the Sponsors, or your Entry will be void. Entries generated by script, macro, or other automated means or which subvert the entry process, are void. All Entries become the property of Sponsors and will not be acknowledged or returned.
ADDITIONAL PRIZE INFORMATION: If a Prize Winner does not accept their entire Prize, the unaccepted Prize (or part of the Prize) will be forfeited and Sponsor will have no further obligation with respect to that Prize or any portion of that Prize. Sponsor will have no liability for a potential Prize Winner’s failure or inability to accept a Prize for any reason. Any failure to use a Prize after acceptance does not relieve the Prize Winner of their tax obligations associated with winning the Prize. No transfers, prize substitutions or cash redemptions will be made, except at Sponsor’s sole discretion. Prize Winner is strictly prohibited from selling, auctioning, trading or otherwise transferring the opportunity to receive the Prize, except with Sponsor’s permission, which may be granted or withheld for any reason in its sole discretion. Prizes will only be shipped or otherwise provided to the verified Prize Winner’s address in the fifty (50) United States or D.C. (unless Sponsor agrees otherwise in its sole discretion).
Each Prize Winner is solely responsible for the reporting and payment of any and all federal, state and local taxes, as well as any other costs and expenses associated with acceptance and use of a Prize not specified herein as being awarded. Each Prize Winner may be issued an IRS Form 1099-Misc based on the ARV of the Prize awarded. Sponsors reserve the right to substitute a cash payment of equal value for any aspect of the Prize.
OWNERSHIP AND LICENSE: All Sweepstakes related materials, including submission entries (“Submission”) becomes the property of Sponsor and will not be acknowledged or returned. The copyright in any Submission shall remain the property of Entrant, but entry into this Sweepstakes constitutes Entrant’s irrevocable and perpetual permission and consent, without further compensation, right to review, or attribution, to use, reproduce, print, publish, transmit, distribute, sell, perform, adapt, enhance, make derivative works of, or display such Submission for any purpose, including, but not limited to, editorial, advertising, trade, commercial, and publicity purposes by Sponsor and/or others authorized by Sponsor, in any and all media now in existence or hereafter invented, throughout the universe, for the duration or the copyright in the Submission. Sponsor and/or others authorized by Sponsor shall have the right to use, distribute, perform, display, print, publish, transmit, make derivative works of, edit, adapt, and modify the Submission. All Entrants submitting materials/content as part of the Sweepstakes will be non-exclusively licensing (with the unlimited right to sublicense) to Sweepstakes Entities the right to use Entrant’s name, social media account username (if provided), and likeness, for any purpose (including any and all commercial purposes). Entrant represents and warrants that the materials submitted will not infringe or violate any right whatsoever, 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. Any Entrant posting or submitting content with obscene or other inappropriate material may be disqualified by Sponsor, in its sole and absolute discretion.
Any use of any of the Sweepstakes Entities trademarks or copyright interest for any purpose not authorized by Sweepstakes Entities is strictly prohibited and may subject Entrant to civil and/or criminal liability.
GENERAL PRIZE CONDITIONS: Prize will only be awarded by Sponsors upon potential winners’ verification of eligibility and final approval by Sponsors. No prize substitution, cash equivalent of prizes, transfer or assignment of prizes is permitted, except by Sponsors who reserve the right to substitute a prize with one of comparable or greater value, in their sole discretion. If any potential Prize Winner is at least 18 but still considered a minor in their jurisdiction of residence, their Prize will be awarded in the name of their parent or legal guardian who will be responsible for fulfilling all requirements imposed on Prize Winners set forth herein.
PRIVACY STATEMENT: Entrants’ Personal Information will be utilized by the Sponsors for administration of the Sweepstakes, fulfillment of Sweepstakes Prize, and to comply with legal requirements. To review Sponsors’ Privacy Policies, go to https://www.nordic.com/privacy. By entering this Sweepstakes, Entrants accept and agree to abide by all Sponsors’ policies and terms listed on Sponsor’s Website.
PUBLICITY GRANT: Subject to applicable law, each Entrant irrevocably grants the Sweepstakes Entities and each of their licensees, and its and their successors, assigns and sub-licensees the right and permission to use their name, voice, likeness, social-media username, biographical material, any content included in an entry, and any other personal attribute or identifier for advertising, promotional and/or publicity purposes, in all forms of media and by all manners (now and hereafter known), worldwide, in perpetuity, without any compensation, obligation, notice or consideration except for the awarding of the Prize to the Prize Winner.
NO WARRANTIES: ALL PRIZES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” SWEEPSTAKES ENTITIES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OR ENJOYMENT OF ANY PRIZE, OR ANY PORTION THEREOF, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY AND ALL WARRANTIES FOR A PRIZE, OR ANY PORTION THEREOF – IF ANY – ARE CONTAINED IN THE MANUFACTURERS’ OR SERVICE PROVIDERS’ WARRANTIES, AS RELEVANT.
All trademarks are the property of their respective owners.
RELEASE, HOLD HARMLESS AND INDEMNIFICATION: By entering, ALL ENTRANTS IN THE SWEEPSTAKES, ENTRANT’S HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL SUCCESSORS AND/OR ASSIGNS RELEASE AND AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS ALL SWEEPSTAKES ENTITIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS (THE “RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LOSSES AND CAUSES OF ACTION FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ALL CONSEQUENTIAL, PUNITIVE, AND INCIDENTAL DAMAGES), LIABILITY, LOSS, COST, FEES (INCLUDING ATTORNEYS’ FEES), INCLUDING, WITHOUT LIMITATION, DAMAGE TO PERSON (INCLUDING DEATH) OR PERSONAL OR REAL PROPERTY, DUE, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, BY REASON OF THE ACCEPTANCE, POSSESSION, REDEMPTION, MISDIRECTION, USE OR MISUSE OF ANY PRIZE OR ANY PORTION OF ANY PRIZE (INCLUDING ANY ACTIVITY OR TRAVEL RELATED THERETO) OR PARTICIPATION IN THE SWEEPSTAKES AND THE ACTIVITIES OR FOR ANY AND ALL CLAIMS BASED ON RIGHTS OF PUBLICITY AND RIGHTS OF PRIVACY WHETHER ANY OF THESE THINGS ARE CAUSED, IN WHOLE OR IN PART, BY THE ACTS, OMISSIONS, NEGLIGENCE OR MISCONDUCT OF THE SPONSOR AND/OR ANY OTHER RELEASED PARTY.
DISCLAIMER: Sweepstakes Entities are not responsible for printing or typographical errors in these Official Rules or in any Sweepstakes-related materials. Sponsors reserve the right, in their sole discretion, to disqualify any individual that tampers with the entry process. Sponsors also reserve the right to terminate, suspend, cancel or modify the Sweepstakes and award the prizes for the Sweepstakes from among all eligible, non-suspect Entries received as of the date of termination a random drawing if for any reason this Sweepstakes is not capable of running as planned due to any reason, including, but not limited to, infection by computer virus, bugs, tampering, fraud, unauthorized intervention, technical failures or other causes that may corrupt or impair the integrity, fairness or proper play of the Sweepstakes. Sweepstakes Entities are not responsible or liable for any events which may cause errors and/or the Sweepstakes to be stopped, including but not limited to any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries, nor are they responsible for any problems or technical malfunction of any telephone, network or telephone lines, computer on-line systems, servers, or cable, satellite, or Internet Service Providers, computer equipment, software or any other failure of any email or entry to be received by Sponsor on account of technical problems, human error or any combination thereof, including any injury or damage to your or any other person’s computer relating to or resulting from participation in this Sweepstakes or downloading any materials in this Sweepstakes. Sweepstakes Entities are not responsible for computer, mechanical, technical, electronic, network or other errors or problems, including any errors or problems that may occur in connection with the administration of the Sweepstakes, the processing of Entries, or in any other Sweepstakes-related materials. The Sweepstakes Entities may disqualify or stop you from participating in this Sweepstakes if you violate Official Rules or act, in Sponsors’ sole discretion: (a) in a manner Sponsors determine to be not fair; (b) with an intent to annoy, threaten or harass any other entrant or the Sponsors; or (c) in any other disruptive manner. Should more prizes be awarded through a computer, hardware, or software malfunction, error or failure, or for any other reason, in any prize category, than are stated for that category in the Official Rules, Sponsors reserve the right to award only the number of prizes stated in the Official Rules for that category. In no event will more prizes be awarded than that listed in these Official Rules.
CAUTION: ANY ACT OR ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SWEEPSTAKES ENTITIES RESERVE THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL(S) TO THE FULLEST EXTENT PERMITTED BY LAW.
CHOICE OF LAW AND JURISDICTION: Except where prohibited, all issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of entrants or winners, Sponsors, Sponsor’s authorized agents, or Sweepstakes Entities in connection with this 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 or provisions (whether of the State of California or any other jurisdiction), which might otherwise cause the application of the laws of any jurisdiction other than the State of California. Any action seeking legal or equitable relief arising out of or relating to the Sweepstakes or these Official Rules shall be brought only in the state or federal courts in the State of California. You hereby irrevocably consent to the personal jurisdiction of courts located in Santa Cruz County, California and waive any claim of forum non-convenience or lack of personal jurisdiction they may have.
DISPUTE RESOLUTION: You and Sponsor agree that, except as provided in subsection (c) below, all disputes, controversies and claims related to this Sweepstakes (each a “Claim”), will be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party will be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of AAA that are in effect at the time the arbitration is initiated (the “AAA Rules”) and under the terms set forth in this Terms of Use. In the event of a conflict between the terms set forth in this Binding Arbitration Section and the AAA Rules, the terms in this Binding Arbitration Section will control and prevail.
- Except as otherwise set forth in subsection (c) below, you may seek any non-injunctive remedies available to you under state or local laws in an arbitration action. As part of the arbitration, both you and Sponsor will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration will be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in these Official Rules, (i) you and Nordic Naturals may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision will be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law. BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND SPONSOR WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
- The arbitration will be conducted in Santa Cruz County, California, unless the parties agree to video, phone and/or internet connection appearances.
- You and Sponsor agree that any arbitration will be limited to the Claim between Sponsor and you individually. YOU AND SPONSOR AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION WILL BE JOINED WITH ANY OTHER ARBITRATION.
- Arbitration Fees. The party seeking the Claim is responsible for the initial fees to AAA. All other fees and costs of the arbitration will be charged pursuant to the AAA Rules.
- You and Sponsor agree that if any portion this Dispute Resolution Section is found illegal or unenforceable, except any portion of subsection (c) above, that portion will be severed and the remainder of this Dispute Resolution Section will be given full force and effect. If subsection (c) above is found to be illegal or unenforceable, then neither you nor Sponsor will elect to arbitrate any Claim falling within that portion of this Dispute Resolution Section found to be illegal or unenforceable and such Claim will be exclusively decided by a court of competent jurisdiction within Santa Cruz County, CA and you and Sponsor agree to submit to the personal jurisdiction of that court. EACH OF THE PARTIES HERETO IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE OFFICIAL RULES OR YOUR PARTICIPATION IN THE SWEEPSTAKES.
LIMITATION OF LIABILITY: BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE OFFICIAL RULES, THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ENTRANT’S ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THIS SWEEPSTAKES (IF ANY) NOT TO EXCEED FIVE DOLLARS ($5.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) 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 FIVE DOLLARS ($5.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF, PROVIDED HOWEVER THAT NOTHING IN THESE OFFICIAL RULES WILL RESTRICT A CALIFORNIA RESIDENT’S RIGHT (IF ANY) TO PURSUE PUBLIC INJUNCTIVE RELIEF AS PERMITTED BY LAW IN ACCORDANCE WITH THE DISPUTE-RESOLUTION PROVISION ABOVE.
MISCELLANEOUS: The invalidity or unenforceability of any provision of these Official Rules or the Affidavit will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the Affidavit is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules or any other guidelines, instructions, policies, or term will not constitute a waiver of that provision. Entrant agrees to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials, privacy policy or terms of use on any website, social media platform or application and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.
TAX INFORMATION: All federal, state, local, and other taxes on prizes and any other costs and expenses associated with prize acceptance and use not specified herein as being provided, are the sole responsibility of the applicable winner. An IRS Form 1099 tax form (preceded by a W9 Form submitted by the Grand Prize Winner) will be issued to the Grand Prize Winner.
OFFICIAL RULES: For a copy of the Official Rules, go to https://www.nordic.com/21-day-challenge.
WINNERS LIST: To receive the list of winners of prizes, send a #10 self-addressed, stamped envelope for receipt no later than March 1, 2023 to: Nordic Naturals, Inc., “21-Day Challenge Prize Winners”, 111 Jennings Drive Watsonville, CA 95076
SPONSOR: This Sweepstakes is sponsored by Nordic Naturals, Inc. 111 Jennings Drive Watsonville, CA 95076.
Nordic Naturals is a registered trademark of Nordic Naturals, Inc. All trademarks, service marks, logos, products, or service names are the property of their respective owners. All Rights Reserved. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with any third-party not specifically designated by Sponsors. Information is being provided solely to Sponsors in accordance with these Official Rules.
© 2022 Nordic Naturals, Inc. All Rights Reserved.