WALMART GEMS DECEMBER SWEEPSTAKES
This sweepstakes promotion“WALMART GEMS DECEMBER GIVEAWAY” shall be subject to these official rules (the “Official Rules”), and by entering, you agree to be bound by the terms and conditions herein. Certain restrictions may apply.
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED.
BY ENTERING THE SWEEPSTAKES YOU MUST AGREE TO THESE OFFICIAL RULES, WHICH CREATE A CONTRACT SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, SUCH CONTRACT INCLUDES GRANTS OF RIGHTS AND INDEMNITIES TO SPONSOR FROM YOU AND MANDATORY ARBITRATION OF DISPUTES AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
Vital Proteins, LLC Is The Sponsor; Instagram and Walmart are Not Involved
The Sweepstakes sponsor is Vital Proteins LLC, 3400 Wolf Road, Suite 200, Franklin Park, Illinois 60131 (the “Sponsor”).
The Sweepstakes is not sponsored, endorsed, or administered by Instagram or Walmart. Instagram and Walmart are not associated with the Sweepstakes in any way. By entering the Sweepstakes, you acknowledge that Instagram and Walmart bear no responsibility for the Sweepstakes, and you release Instagram and Walmart from any liability whatsoever in connection with the Sweepstakes.
You understand that you are providing information to the Sponsor and not to Instagram. If you have any questions, comments, or complaints regarding the Sweepstakes, you must direct them to the Sponsor, not Instagram.
Instagram is a registered trademark of Instagram, Inc.
No Purchase Necessary
No purchase or payment of any kind is necessary to enter or win the Sweepstakes. A purchase will not improve your chances of winning.
The Sweepstakes starts at9:00am EST on12/15/2022 and ends at11:59pm EST on12/18/2022. (the “Entry Period.”).
There are2 of ways to enter:
Only you may enter on your behalf (and only on your behalf) in the manners set forth above. Entries made for you by any other person or entity, or by any other method, including but not limited to commercial sweepstakes subscription notification and/or entering services will be declared invalid and disqualified from the Sweepstakes. The use of any device to automate the entry process is prohibited. If you are found to have submitted any unauthorized entry, all of your entries, including entries that would have otherwise been authorized, will be disqualified from the Sweepstakes.
The Sweepstakes is open solely to legal residents of the United States, excluding residents of Rhode Island, Puerto Rico, all U.S. territories, possessions and overseas installations, who are eighteen (18) years of age or older at the time of entry. However, the Sweepstakes is void in any jurisdiction where it is prohibited or restricted by law. All federal, state, and local rules and regulations apply.
Sponsors’ officers, directors, employees, contractors, agents, and any of their immediate family and/or household members are not eligible to win.
One (1) Grand Prize Winners
Subject to verification of eligibility and compliance with these Official Rules, one (1) grand prize packages as described below will be awarded to one (1) winner:
$50 Walmart Gift Card
Vital Proteins® & Jennifer Aniston™ Protein & Collagen Bar - Peanut Butter Fudge (4-pack)
Vital Proteins® & Jennifer Aniston™ Protein & Collagen Bar - Cold Brew Coffee (4-pack)
The retail value of all prizes to be awarded is$67.96to 1 winner(s).
The winning entry for the prize(s) will be chosen at random from all eligible entries received during the Entry Period on or about12/25/2022. The number of eligible entries received determines the odds of winning. Subject to verification of eligibility and compliance with these Official Rules, the winning entry chosen as determined by the Sponsor, will be deemed the potential prize winner.
The winner will be selected by random drawing within approximately 7 days of the Entry Period ending. The odds of winning are determined by the total number of entries received. The winner will be notified via Instagram direct message or by email within approximately 7 days of the date the winning entry is selected.
The winner may be required to execute and return a required notarized Affidavit of Eligibility/ Release of Liability within 30 days of notification. Once executed Affidavit of Eligibility/ Release of Liability is received, winner has 2 months to claim the prize package. Failure to respond to notifications, return all required forms within 30 days or comply with any other provisions may result in the winner being disqualified and an alternate winner selected. If a prize notification or a prize is returned as undeliverable for any reason, the applicable prize will be awarded to an alternate winner. Alternate winners will be selected in the same manner as the originally selected winner - a random drawing. Prizes are not transferable, assignable, or redeemable for cash. All decisions are final. All federal, state, and local tax liabilities are the responsibility of the winner.
You release and waive any claims you may have against Sponsor, and each of their respective and any and all related internet server(s) and access provider(s) and each of their respective affiliates, subsidiaries, parent corporations and advertising and promotional agencies, and all of their officers, directors, shareholders, employees, contractors, agents, and assigns (collectively the "Releases") for any and all injuries, claims, damages, losses, costs, or expenses of any kind, including but not limited to attorney's fees, resulting from acceptance, use, or misuse of any prize or parts thereof, or participating in the Sweepstakes.
If for any reason, the Sweepstakes is not capable of running as planned, the Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify, or suspend the Sweepstakes, or any portion thereof.
If for any reason, the Sweepstakes is not capable of running as planned, or if the Sweepstakes or any website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper playing of the Sweepstakes and processing of entries in accordance with these Official Rules, or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes, in the Sponsor's sole opinion, corrupts or affects the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, Sponsor reserves the right, at its sole discretion, to disqualify any person implicated in such action and/or to cancel, terminate, modify, or suspend the Sweepstakes or any portion thereof. In the event the Sweepstakes is canceled, Sponsor reserves the right to conduct a random drawing to award all remaining prizes from among all eligible, non-suspect online entries received prior to the time of the action or event warranting such cancelation. If such cancelation, termination, modification, or suspension occurs, notification will be posted at the Entry Site. Any attempt by an entrant or any other individual to deliberately damage any website or undermine the legitimate operation of the Sweepstakes is a violation of criminal and/or civil laws and should such an attempt be made, Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Where a dispute arises about who submitted an online entry, the entry will be deemed submitted by the authorized account holder of the account entered. The authorized account holder is deemed the natural person who is assigned to an email address associated with the Instagram account, which email address was assigned to that person by an internet access provider, service provider, or other online organization that is responsible for assigning email addresses for the domain associated with the submitted email address. A potential winner may be requested to provide Sponsor with proof that the potential winner is the authorized account holder of the email address associated with the winning entry and that all eligibility requirements are met.
The Releases are not responsible for: any incorrect or inaccurate entry information; human errors; technical malfunctions; failures, omissions, interruptions, deletions or defects of any telephone network, computer online systems, computer equipment, servers, providers, or software, including but not limited to any injury or damage to your or any other person's computer relating to or resulting from participation in the Sweepstakes; inability to access the Entry Site; theft, tampering, destruction, or unauthorized access to, or alteration of, entries; data that is processed late or incorrectly or is incomplete or lost due to telephone, computer or electronic malfunction or traffic congestion on telephone lines or the internet or any website (including the Entry Site) or for any other reason whatsoever; printing or other errors; any entries which are late, lost, incomplete, misdirected, stolen, mutilated, illegible, or any combination thereof.
All entries become the property of the Sponsor and will not be acknowledged or returned. You hereby irrevocably grant the Releases the right to display, publicly perform, exhibit, transmit, broadcast, reproduce, record, photograph, digitize, modify, alter, edit, adapt, create derivative works, exploit, sell, rent, license, otherwise use, and permit others to use anything you submit in connection with your entry, including but not limited to your name, image, likeness, appearance, social media names and handles and profiles, and other personal characteristics, and all materials created by or on behalf of Releases that incorporate any of the foregoing ("Materials") in perpetuity throughout the universe in any medium or format whatsoever now existing or hereafter created, including without limitation electronic, magnetic, and optical media, motion pictures, television broadcast, cablecast, and satellite, home video and video on demand, display, point-of-sale, and other advertising and promotional materials, press releases, the internet and other digital transmission or delivery methods, mobile applications, on any platform and for any purpose, including but not limited to advertising, public relations, publicity, packaging, and promotion of Sponsor and its businesses, products, and services, without further consent from or royalty, payment, or compensation to you.
Sponsor shall be the exclusive owner of all rights, including copyright, in the Materials. You hereby irrevocably transfer, assign, and otherwise convey to Sponsor your entire right, title, and interest, if any, in and to the Materials and all copyrights and other intellectual property rights in the Materials arising in any jurisdiction throughout the universe in perpetuity, including all registration, renewal, and reversion rights, and the right to sue to enforce such copyrights against infringers. You acknowledge and agree that you have no right to review or approve the Materials before they are used by Releases, and that Releases have no liability to you for any editing or alteration of the Materials or for any distortion or other effects resulting from Releases’ editing, alteration, or use of the Materials, or Releases’ presentation of you. Any credit or other acknowledgment of you, if any, shall be determined by Releases in their sole discretion. Releases have no obligation to create or use the Materials or to exercise any rights given by this waiver.
To the fullest extent permitted by applicable law, you hereby irrevocably waive all legal and equitable rights relating to all liabilities, claims, demands, actions, suits, damages, and expenses, including but not limited to claims for copyright or trademark infringement, infringement of moral rights, libel, defamation, invasion of any rights of privacy (including without limitation intrusion, false light, public disclosure of private facts, and misappropriation of name or likeness), violation of rights of publicity, physical or emotional injury or distress, or any similar claim or cause of action in tort, contract, or any other legal theory, now known or hereafter known in any jurisdiction throughout the world (collectively, “Claims”) arising directly or indirectly from Releases exercise of their rights under this waiver or the production, exhibition, exploitation, advertising, promotion, or other use of the Materials, and whether resulting in whole or in part by the negligence of Releases or any other person, covenant not to make or bring any such claim against Releases, and forever release and discharge Releases from liability under such claims. You agree that to the fullest extent permitted by law, this waiver cannot be terminated, rescinded, or modified, in whole or in part under any circumstances.
False, fraudulent or deceptive entries or acts shall render entrants ineligible.
ARBITRATION: EXCEPT WHERE PROHIBITED BY LAW, AS A CONDITION OF PARTICIPATING IN THIS PROMOTION, ENTRANT AGREES THAT (1) ANY AND ALL DISPUTES AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS PROMOTION, OR ANY PRIZES AWARDED, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BY FINAL AND BINDING ARBITRATION UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION AND HELD AT THE AAA REGIONAL OFFICE NEAREST THE ENTRANT; (2) THE FEDERAL ARBITRATION ACT SHALL GOVERN THE INTERPRETATION, ENFORCEMENT AND ALL PROCEEDINGS AT SUCH ARBITRATION; AND (3) JUDGMENT UPON SUCH ARBITRATION AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. UNDER NO CIRCUMSTANCES WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES, INCLUDING ATTORNEYS' FEES, OTHER THAN ENTRANT’S ACTUAL OUT-OF-POCKET EXPENSES (I.E., COSTS ASSOCIATED WITH PARTICIPATING IN THIS PROMOTION), AND ENTRANT FURTHER WAIVES ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR INCREASED.
By entering the Sweepstakes, you hereby submit to the jurisdiction and venue of the federal and state courts of the United States and waive the right to have disputes arising out of the subject matter hereof adjudicated in any other forum.
By entering the Sweepstakes you authorize Sponsor to contact you using any contact information you provided for promotional purposes and also regarding the Sweepstakes.
By entering the Sweepstakes, you affirm that you have read and accepted these Official Rules. The Sweepstakes shall be governed by and construed in accordance with the laws of the United States.
For the name of the winners, send a self-addressed, stamped, envelope to: WALMART GEMS DECEMBER GIVEAWAY Sweepstakes, c/o Social Media Department, 939 W Fulton Market, Chicago, Illinois 60607. Vermont residents may omit return postage.