January 23, 2024
Blog
#GetLeanin2016 Instagram Contest!
Happy New Year! Kick off your new year with our #GetLeanin2016 Contest on Instagram! Every week in January and February, we'll choose a new winner. This month, we're giving away our BRAND NEW EatSmart Precision Body Check Bathroom Scale, valued at $39.95! So what do you have to do in order to win? Read on!
Win one of these!
SIMPLE RULES- Follow @EatSmartProducts on Instagram.
- We want to help you reach your 2016 health goals. Share photos on Instagram of anything that shows you making healthy choices with the hashtag #GetLeanIn2016 and tag @eatsmartproducts. Pictures can be a nutritious meal, a green smoothie, or your daily exercise - be creative!
- Private Instagram accounts that would like to enter will have to set their Instagram to Public so we can see your entry.
- You can enter as many times as you like, winning photos can only win once.
- Our Instagram team will choose a photo at random every Friday by 5PM EST - throughout January and February. (That's 8 lucky winners!)
- Weekly winning photo will be re-posted to our Instagram, and may be used in the future to advertise our #GetLeanIn2016 Contest.
- Winner will have 24 hours to email Karen@eatsmartproducts.com to claim their prize.
- Eligibility: The #GetLeanIn2016 Contest is only open to U.S. Residents. Void where prohibited by law.
- Entry: The Contest begins January 2016 and will be ongoing until deemed otherwise by EatSmart Products. To enter, 1) participants must follow @EatSmartProducts and 2) post a photo of their fitness journey on Instagram 3) with the tag #GetLeanIn2016 4) tag @eatsmartproducts. Private Instagram accounts may join, but must set their profile to Public in order for their pictures to be seen and entered.Participants can enter as many times as they like, winning photos can only win once. The Contest is not in any way affiliated with Instagram.
- Selecting a Winner: EatSmart Products Instagram Team will choose a photo at random. No purchase is necessary, therefore photographing/using EatSmart Products in photos will no be advantageous. EatSmart Products will pick one (1) weekly winner for a total of four (4) winners per month. Odds of winning depend on the number of eligible entries. Winners will have twenty-four (24) hours to claim their prize by emailing Karen@eatsmartproducts.com or an alternate winner will be chosen. Your winning photo will be posted to the @EatSmartProducts Instagram.
- Prizes: The weekly winner will win an EatSmart Precision Body Check Bathroom Scale, valued at $39.95. One winner will be selected weekly, total of four (4) times per month. Total dollar value in prizes for this contest is $159.80/month.
- Terms and Conditions of Prize Drawing: 1) Prizes cannot be combined with any other offer; 2) Income and other taxes are the sole responsibility of winner; 3) Prizes are non-refundable, non-returnable and have no cash value if not used.
- Acceptance of Official Rules: As a condition of entry, participants fully and unconditionally agree to these Official Rules, to the Terms and Conditions of Prize Drawings and to EatSmart Products’ decisions, which are final and binding in all respects. EatSmart Products' failure to enforce any provision of these Official Rules shall not constitute the waiver of such provision.
- Substitution, Taxes: No assignment or transfer of prizes will be permitted, except at EatSmart Products' sole discretion. WINNERS ARE SOLELY RESPONSIBLE FOR ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OF PRIZES.
- Potential Winner(s), Publicity: As a condition of entry, you grant consent to EatSmart Products, and their respective agents to use your name, winning photo and biographical information for publicity or advertising in any media or manner, without payment, consideration, notice or approval and without geographic or time limitation in conjunction with this contest, except where prohibited by law.
- Liability: You agree that EatSmart Products and their respective parents, subsidiaries and affiliated companies and all their advertising and Contest agencies, as well as Facebook, Inc. and Instagram, LLC. (the “Released Parties”), will have no liability whatsoever in connection with this Contest and, you shall hold them harmless for any injuries, losses or damages of any kind that you or others may incur as a consequence of your participation in the Contest or your acceptance, use or misuse of the prize. By entering the Contest, entrant explicitly releases, discharges and holds harmless EatSmart Products, their successors and assigns and all their respective shareholders, directors, officers and employees, as well as Instagram, Inc., one and all, from any and all liability, actions, causes of action, damages, actual, incidental or consequential, claims and demands whatsoever in law or equity, including attorneys’ fees and/or experts fees and costs, which he/she now has or may acquire, by reason of any personal injury, death, loss of or damage to property, or any reason, occurring during or arising out of his/her participation in the Contest and the acceptance and use or misuse of the prize. The Released Parties are not responsible for any injury or damage to persons or property, which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of the prize.
- Conditions of Participants’ Conduct: EatSmart Products reserves the right in its sole discretion, to modify, cancel, terminate, and/or suspend the Contest and to disqualify any individual who tampers with the entry process, violates these Official Rules, or acts in a disruptive or unsportsmanlike manner. In the event that the Contest is terminated early, EatSmart Products will make the prizes available to be won among all eligible persons who entered prior to the date of termination and notice of such action will be posted on EatSmart Products’ Blog (www.eatsmartblog.com). Without limiting the foregoing, EatSmart Products may lock out any entrant who, in EatSmart Products' sole judgment, has been disqualified, has questionable eligibility or is otherwise ineligible to enter.
- Disputes/Choice of Law: Except where prohibited, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or the awarding of the prizes shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in State of California (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees; and (3) no punitive, incidental, special, consequential or other damages, including without limitation, lost profits, may be awarded (collectively, “Special Damages”), and (4) entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. California Law, without reference to choice of law rules, governs the Contest and all aspects related thereto.
- Indemnification: TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY AGREE TO INDEMNIFY, RELEASE AND HOLD HARMLESS EATSMART PRODUCTS AND ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSEES, SUCCESSORS, REPRESENTATIVES AND AGENTS AT ALL TIMES FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, LOSSES, LIABILITIES, DAMAGES, PROCEEDINGS, COSTS (INCLUDING ATTORNEYS’ FEES) AND EXPENSES FOR ANY INJURY, DAMAGE OR LOSS CAUSED OR CLAIMED TO BE CAUSED, BASED UPON, OR ARISING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE OR ANY PART OF THE PRIZE, ENTERING THE CONTEST, PARTICIPATION IN THE CONTEST, OR PARTICIPATION IN ANY PRIZE RELATED ACTIVITY OR EVENT.In no event shall EatSmart Products be liable to a winner or entrant for any indirect, incidental, consequential, special or punitive damages of any kind, whether in contract, tort, negligence, strict liability, statutory or any other theory of liability arising from or related to the Contest, or any aspect of winner’s or entrant’s participation in or termination from the Contest as provided herein, even if EatSmart Products has been advised of the possibility of such damages. In no event shall EatSmart Products be liable to a winner or entrant for any amount with respect to winner’s or entrant’s participation in or disqualification from the Contest, or from the termination or cancellation of the Contest. To the extent permitted by law, the rights to litigate, seek injunctive relief or to any other recourse to judicial or any other procedure in case of disputes or claims resulting from or related to the Contest are hereby excluded, and you expressly waive any and all such rights.
- General: If any section, provision, term or clause shall be held or found to be unenforceable or invalid by a court decision, statute, rule or otherwise, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from these Rules to the extent necessary to make such provision enforceable and consistent with the remainder of these Rules. This contest is governed by the laws of the State of California, United States. All federal, state and local laws and regulations apply. By entering and participating in the contest, you agree to be bound by these Rules and by EatSmart Products' decisions, which are final and binding on all matters relating to the contest. Entrants are required to provide accurate, valid and truthful information at all times. EatSmart Products will reject and delete any Entry that it discovers to be false, fraudulent, illegal or deceptive and will disqualify any entrant who tampers with the Entry process, the operation of the contest, or is otherwise in violation of the Rules. EatSmart Products is not responsible for electronic transmission errors which result in the omission, interruption, deletion, defect, destruction, alteration, and/or delay of any Entry. EatSmart Products is not responsible for any technical, network, electronic, computer, hardware and/or software malfunction, problem, incompatibility, congestion or failure of any kind. EatSmart Products reserves the right to cancel, terminate or modify the Contest at any time, in its sole discretion, if the contest is not capable of completion as planned, including without limitation, the lack of Entry submissions, incomplete Entries, computer viruses, bugs, tampering, unauthorized intervention or technical failures of any sort, without notice. Upon cancellation or termination of the contest for any reason, EatSmart Products shall have no obligation to award prizes or compensation of any kind.By submitting an Entry and participating in the contest, you represent and warrant that (i) your Entry is original and that you are the sole and exclusive owner and rights holder of the submitted Entry, or you have obtained the necessary permission to include the Entry in the contest, and that you have the right and authority to submit the Entry in the contest; (ii) your Entry does not violate any third party intellectual property or proprietary rights; and (iii) you are otherwise not in violation of any applicable laws, rules and/or regulations.By submitting an Entry and participating in the contest, you agree and hereby grant EatSmart Products and its affiliates permission to use, copy, modify, publish, and/or reproduce your Entry, including but not limited to your name, likeness, image, story and photos, for any purpose, including but not limited to marketing, media, editorial, commercial, advertising, promotional and/or publicity purposes, in any form of media anywhere in the world, without further compensation to you. You also agree to participate in any marketing, media, editorial, commercial, advertising, promotional and/or publicity activity related to the Contest.TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY AGREE TO INDEMNIFY, RELEASE AND HOLD HARMLESS EATSMART PRODUCTS AND ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSEES, SUCCESSORS, REPRESENTATIVES AND AGENTS AT ALL TIMES FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, LOSSES, LIABILITIES, DAMAGES, PROCEEDINGS, COSTS (INCLUDING ATTORNEYS’ FEES) AND EXPENSES FOR ANY INJURY, DAMAGE OR LOSS CAUSED OR CLAIMED TO BE CAUSED, BASED UPON, OR ARISING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE OR ANY PART OF THE PRIZE, ENTERING THE CONTEST, PARTICIPATION IN THE CONTEST, OR PARTICIPATION IN ANY PRIZE RELATED ACTIVITY OR EVENT.In no event shall EatSmart Products be liable to a winner or entrant for any indirect, incidental, consequential, special or punitive damages of any kind, whether in contract, tort, negligence, strict liability, statutory or any other theory of liability arising from or related to the Contest, or any aspect of winner’s or entrant’s participation in or termination from the CONTEST as provided herein, even if EatSmart Products has been advised of the possibility of such damages. In no event shall EatSmart Products be liable to a winner or entrant for any amount with respect to winner’s or entrant’s participation in or disqualification from the CONTEST, or from the termination or cancellation of the CONTEST. To the extent permitted by law, the rights to litigate, seek injunctive relief or to any other recourse to judicial or any other procedure in case of disputes or claims resulting from or related to the Contest are hereby excluded, and you expressly waive any and all such rights.If any section, provision, term or clause shall be held or found to be unenforceable or invalid by a court decision, statute, rule or otherwise, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from these Rules to the extent necessary to make such provision enforceable and consistent with the remainder of these Rules.