NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
By entering into this Contest, you accept the terms and conditions and set forth in these Official Rules and to receive newsletters and special offers from Elysium Health, Inc. (“Elysium Health” or “Sponsor”). Elysium Health has provided prizes to the Contest, is sponsoring the Contest, and is responsible for operating the Contest. No Purchase Necessary. A PURCHASE WILL NOT INCREASE MY CHANCES OF WINNING. The Contest is subject to federal, state, municipal, and local laws and regulations and is void where prohibited. (New Jersey Notice: This Contest is not void in New Jersey).
Eligibility: Facebook User Generated Photo Challenge (the “Contest”) is open to anyone who is at least eighteen (18) years of age and has reached the age of majority in their jurisdiction of residence at the time of opt-in (19 in Alabama and Nebraska; 21 in Mississippi) and a resident of the United States of America and the District of Columbia (excluding residents of Alaska, Hawaii, Rhode Island, overseas military installations, Puerto Rico, and other U.S. Territories) and has a valid Facebook account and email address. Employees, independent contractors, interns, officers, directors, and agents of Sponsor are not eligible to enter.
Sponsor: The Contest is sponsored by Elysium Health, Inc., at 434 Broadway FL 2 , New York, NY, 10013. Phone: (888) 220-6436. Website: www.elysiumhealth.com. This Contest is in no way sponsored, endorsed or administered by, or associated with Facebook or Meta.
Agreement to Official Rules: By entering the Contest, you indicate your full and unconditional agreement to, and acceptance of, (a) these Official Rules and (b) Sponsor’s decisions, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth in the Official Rules.
Contest Period: The Contest begins at 12:00am EDT on October 2, 2023 (“Entry Period”). Entries submitted before or after the Entry Period will not be eligible. Sponsor’s computer is the official timekeeping device for the Contest and the time of submission shall be determined solely by Sponsor’s computer. The Contest will end on October 6, 2023 at 11:59pm EDT.
How to Enter: At the beginning of the Entry Period, you may enter the Contest by sharing a photo of you and Elysium products and upload your photo to the Official Elysium Health Facebook Group during the Contest Period. Our panel of three Elysium Health creative experts (the “Judges”) will review all submissions, rating each on a scale from 1 to 10 for both creativity and clearly communicating their intended message. Failure to complete all required actions will result in an incomplete entry and may be deemed ineligible at the sole discretion of the Sponsor. There is a limit of three (3) photos per Elysium Product per person entry per person (each an “Entrant”). Additional entries per person will not be acknowledged. An Entrant may not use multiple Facebook accounts to enter. The use of an agency or any automated system to enter is strictly prohibited and Sponsor reserves the right to disqualify any entries received through such methods, as determined by Sponsor, in its sole discretion. The Contest is not sponsored, endorsed or administered by, or associated with Facebook or Meta.
By entering, each participant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor and/or the judges which are binding and final in all matters relating to this Contest; (b) release and hold harmless the Sponsor and each of its respective parents, subsidiary, and affiliates, and any other organizations responsible for sponsoring, fulfilling, administering, advertising, or promoting the Contest, and all of their respective past and present officers, directors, employees, agents, and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability relating to or arising from the Contest, or receipt or use of any prize, including but not limited to: negligence and damages of any kind to persons and property, invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye, or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Contest, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation, or use of entry; and (c) indemnify, defend, and hold harmless the Sponsor from and against any and all claims, expenses, and liabilities (including reasonable attorney fees) arising out of or relating to an entrant’s participation in the Contest and/or entrant’s acceptance, use, or misuse of the prize.
The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by entrants, printing errors, or by any of the equipment or programming associated with or utilized in the Contest; (b) technical failures of any kind, including, but not limited to: malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Contest; (d) technical or human error which may occur in the administration of the Contest or the processing of entries; or (e) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from an entrant’s participation in the Contest or the receipt or use or misuse of any prize.
Sponsor is not responsible for: late, incomplete, delayed, undelivered, or misdirected entries. Proof of submission does not constitute proof of receipt. Sponsor shall not be liable for any problems that occur during the entry process and shall not have any obligation to advise an Entrant of an incomplete or undeliverable entry.
Winner Selection: After the Entry Period, on or about October 13, 2023, Sponsor will three select objective judges (employed by Elysium Health or independent judges at Elysium Health’s sole discretion) to review all entries, rating each on a scale from 1 to 10 for both creativity and clearly communicating their intended message, such determination to be made by the Judges in its/their sole discretion. The entry with the highest overall score will be selected as the potential winner. In the event of a tie, the entry with the earliest submission date shall be deemed the potential winner. The odds of being selected depend on the number of valid and correct entries received.
Notification and Requirements of Potential Winners: Sponsor will announce the potential winner on or about October 20, 2023 and attempt to directly notify potential winner within five (5) business days of the drawing by direct message via Facebook. Please ensure that your account is public and that you are able to receive direct messages to enable notification. If a potential winner is disqualified for any reason, the Sponsor may award the applicable prize to an alternate winner by selecting the next earliest photo with the same score (or the next highest scoring photo, as appropriate). If a potential winner does not respond within seven (7) calendar days after the notice is sent, the Sponsor will select an alternate potential winner in his/her place at random from all remaining valid and correct entries received. Only three (3) alternate potential winners will be contacted. Except where prohibited, a potential winner may be required to complete and return an affidavit of eligibility and liability/publicity release. If a potential winner fails to sign and return these documents within the required time period, an alternate potential winner may be selected in his/her place in a random drawing of all remaining valid and correct entries received. Only three (3) alternate potential winners may be contacted.
Prize(s): One (1) grand prize will be awarded and one (1) winner will be chosen.
Description of Prizes: Grand prize (total value of $270), a six month supply of an Elysium supplement product of your choice.
The Sponsor reserves the right to substitute the listed prize for one of equal or greater value for any reason. The prize is provided “as is,” with no warranty or guarantee by the Sponsor. The grand prize winner is responsible for all taxes and fees associated with the prize receipt and/or use. All federal, state, and local tax liabilities, as well as any other costs and expenses not specified herein as being awarded, are the sole responsibility of the grand prize winner. The grand prize winner may be required to complete and return an IRS W-9 form (i.e., Request for Taxpayer Identification Number and Certification).
The prize will be awarded only if the potential grand prize winner fully complies with these Official Rules. Prize will be delivered approximately 4-8 weeks after the grand prize winner is finalized
General Conditions: In the event that the operation, security, or administration of the Contest is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, Sponsor may, in its sole discretion, either: (a) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules; or (b) award the prize (in accordance with these Official Rules) from among the valid and correct eligible entries received up to the time of the impairment. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Failure by Sponsor to enforce any term of these Official Rules shall not constitute a waiver of that provision. Proof of sending any communication to Sponsor by mail shall not be deemed proof of receipt of that communication by Sponsor. In the event of a dispute as to any online entry, the authorized account holder of the email address used to enter will be deemed to be the participant. The “authorized account holder” is the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address.
Release and Limitations of Liability: By participating in the Contest, you agree to the terms of these Official rules, including the releases and limitations contained herein, and you further agree that in any cause of action, the Released Parties’ liability will be limited to $25, and in no event shall the Released Parties be liable for attorney’s fees. You waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
Use of Entrant Information: By entering the Contest, you acknowledge and agree that Elysium Health will use Entrant’s information, including, without limitation, your email address, phone number, mailing address, or any other contact information provided for general solicitation, marketing, or other business or promotional activities in connection with the services and products provided by Sponsor or the participating companies. You may at any time revoke the use of such information by providing written notice to Sponsor and each other participating company using the following addresses or by responding to a marketing email using the unsubscribe link provided in the email. Please note that your opt-out preference will apply to marketing communication and may not apply to transactional communication including those associated with your entry.
Disputes: Except where prohibited, you agree that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the borough of Manhattan, New York, NY. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the state of New York, without giving effect to any choice of law or conflict of law rules (whether of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than New York.
Third Party Platforms: If this Contest is hosted, administered, or operated on a third party platform, including without limitation a social media platform (e.g. Facebook, Instagram, or Twitter) (“Third Party Platform”), then by participating in this Contest, Entrants hereby release and agree to comply with all rules and policies set forth by such Third Party Platform and to hold harmless such Third Party Platform from any and all liability, loss or damages arising from or in connection with the awarding, receipt, and/or use or misuse of prizes or participation in any prize related activities. Unless otherwise stated to the contrary in these Official Rules, this Contest is not sponsored, endorsed or administered by, or associated with, any Third Party Platform.
Results: To request a winners list, send a self-addressed, stamped envelope to Elysium Health at 434 Broadway FL 2, New York, NY, 10013, attention: Facebook UGC Photo Challenge. Requests must be received within four (4) weeks of the end of the Entry Period.