YOUNGEVITY POWER OF 90
OFFICIAL PROMOTION RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE CHANCES OF WINNING. PROMOTION IS OPEN INDIVIDUALS 18 YEARS OF AGE OR OLDER. THIS PROMOTION IS VOID WHERE PROHIBITED.
ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED.
By entering the promotion, you agree to these Official Rules, which are a contract, so read them carefully before entering. Without limitation, this contract includes indemnities to the promotion entities from you and a limitation of your rights and remedies.
1. Promotion Period: Youngevity Power of 90 (“Promotion”) begins at 12:00 AM PDT on 2.1.19 and ends at 11:59 PM PDT on 4.30.19.
2. Eligibility: Promotion is open to individuals 18 years of age or older who have an assigned Youngevity ID number. All employees of Youngevity and its parent companies, affiliates, subsidiaries, divisions, fulfillment and advertising and promotion agencies, and their respective parents, affiliates, subsidiaries, and advertising and promotional agencies, and any other individuals engaged in any way in the development, production, printing, distribution or execution of this Promotion, and 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 employee, whether or not related, are not eligible to enter or win.
3. Prize Details: All prizes will be awarded, provided more than enough qualifying entries have been received. 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) and no substitution or cash equivalent is allowed, except at the discretion of the Sponsor. Sponsor will not replace any lost or stolen prize element. Any depiction of prize in promotional materials is for illustrative purposes only. If a prize or prize component is unavailable, a prize or prize component of equal approximate retail value or comparable use will be awarded in Sponsor’s sole discretion. Prize will be awarded in the name of the Winner. All federal, state and local taxes, and any other costs associated with acceptance or use of a prize are the sole responsibility of the Winner. Decisions of the Sponsor are final in all respects of the Promotion and no correspondence shall be entered into. Only one contestant is eligible to win the Grand Prize. The Grand Prize Winner will receive US$3,000 up front, and 36 monthly payments of US$500 to be used for the purchase of an automobile. The Grand Prize Winner will be determined and notified no later than 7 days following the end of the Promotion. The maximum total average retail value of all prizes available to be won is $150,000 USD.
4. Prize Awarding: Winners of the weekly and monthly prizes will be determined and notified throughout the Promotion Period.
Limit: No 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. Potential winners will be notified by email. Prize winners will be required to provide a valid shipping and email address, as applicable, and may be required to sign an affidavit of eligibility, liability release and where legal, a publicity release (collectively, the “Affidavit”), and return same, properly executed, within seven (7) days of issuance of notification. If 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; if a prize or prize notification is returned as undeliverable; or if potential winner 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 Promotion entries, as applicable. Once the required information and official paperwork are received within the specified time period, verified, and receive final approval by Promotion Sponsor, only then will a potential Promotion winner become an actual winner.
5. General Conditions: Sponsor not responsible for illegible, lost, late, damaged, incomplete, inaccurate, forged, or stolen entries, or for lost or stolen entry boxes and all such entries will be void. Entrants agree that Sponsor and their respective parents, subsidiaries and affiliated companies and advertising and promotion agencies, and each of their respective officers, directors, employees, representatives and agent (collectively, the “Released Parties”) will have no liability whatsoever for, and are released and shall be held harmless by entrants against, any and all liability, for any injuries, losses or damages of any kind, to persons, including death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of the prize or participation in this Promotion or in any Promotion-related activity.
By entering the Promotion, each entrant consents to the use of his/her name, city and state of residence, statements, voice, and likeness by Sponsor and its designees for advertising and promotional purposes online and off-line in any and all media now or hereafter known throughout the world in perpetuity without additional compensation, notification or permission, unless prohibited by law. Released Parties are not responsible for mechanical, technical, typographical, printing, human or other errors relating to or in connection with the Promotion, including, without limitation, errors which may occur in connection with the administration of the Promotion, the processing of entries, the cancellation or postponement of the scheduled time of announcement of the prize or in any Promotion-related materials (including these Official Rules).
Sponsor may disqualify anyone from participating in the Promotion or winning the prize if, in its sole discretion, it determines that such person is attempting to undermine the legitimate operation of the Promotion by cheating, deception or other unfair playing practices, or intending to annoy, abuse, threaten or harass any other participant or Sponsor’s representatives. Should any portion of the Promotion be, in Sponsor’s sole opinion, compromised by non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness, or submission of entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Promotion and, if terminated, at its discretion, select the potential winner from all eligible, non-suspect entries received prior to such action. Entrant hereby acknowledges 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 a prize, including express warranties provided exclusively by a prize provider that may be sent along with a prize.
6. Disputes: This Promotion 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 California, without giving effect to any choice of law or conflict of law rules (whether of California, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than in California.
BY ENTERING THE PROMOTION, 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 PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALLCLAIMS, 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, SO THE ABOVE MAY NOT APPLY TO YOU.
7. 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 San Diego County, California 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 Promotion 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 San Diego County, California, or at the sole discretion of the Sponsor. 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 San Diego County, 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.
8. Winners List: For a winners list, send a self-addressed stamped envelope to Youngevity Power of 90, 2400 Boswell Road, Chula Vista, California 91914. Requests must be received by Friday, May 31, 2019. Winners names will not be posted on website.
9. Sponsor: Youngevity International, Inc., 2400 Boswell Road, Chula Vista, California 91914.