Terms & Conditions
@levelselect Instagram Giveaway
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.
SPONSOR/ADMINISTRATOR: The Giveaway is sponsored and administered by LEVEL SELECT™, 3279 E Harbour Dr., Phoenix, AZ (“Sponsor” & (“Administrator”) for LEVEL SELECT™, (“Brand”).
ELIGIBILITY: The LEVEL SELECT™ Instagram Giveaway (the “Sweepstakes”) is open to legal residents of the United States (excluding Utah and Rhode Island) and the District of Columbia. Directors, officers, employees, and agents of Sponsor, Administrator and any retail licensees, authorized licensees, wholesale licensees, distributors, and each of their respective parent, sister, affiliates, subsidiaries, advertising and promotional agencies, and all other corporations, partnerships, or other legal entities or individuals associated with the development, administration, or fulfillment of this Giveaway, and the immediate families of such persons (defined as spouse, child, sibling, parent, son-in-law, daughter-in-law, grandparent, so-called “step” or “half” variations of any of the preceding individuals, and all descendants and each of their respective spouses, regardless of where they live), and those living in their same households, whether or not related, are ineligible to enter, win or collect prizes in the Giveaway. The Giveaway is subject to all applicable federal, state, and local laws, regulations, and ordinances. A person entering the Sweepstakes (each an “Entrant”) must have an account with the social media platform known as Instagram. Entrant must be the authorized account holder of the Instagram Account. Void wherever prohibited by law.
DESCRIPTION OF SWEEPSTAKES: The Sweepstakes begins April 22, 2023, at 8:00:00AM Eastern Time (“ET”) or such later time on that date that the LEVEL SELECT account announces the Sweepstakes on its official Instagram channel, @levelselect (“@levelselect”), and the Sweepstakes ends on or about April 29, 2023 at 11:59:00PM ET (the “Sweepstakes Period”). LEVEL SELECT will select (1) winner and award (1 of each) LEVEL SELECT OTC product ((1) Muscle Rub Lotion, (1) Sports Therapy Cream, (1) Sport Recovery Soaking Salt, (1) Massaging Roll-On Gel, and (1) Extended Relief Patch) to such winner at random from all eligible entries received during the Sweepstakes Period.
HOW TO ENTER: Follow the Entry Requirements set forth in these Official Rules and on LEVEL SELECT’s official Sweepstakes posts made by LEVEL SELECT on @levelselect during the Sweepstakes Period (collectively, the “Sweepstakes Post”). Entrant must do all of the following:
(1) “Follow” @levelselect on Instagram and living in the United States (2) “Like” the giveaway post on Instagram (3) “Post” a photo outside in nature on personal Instagram channel and “tag” @levelselect with the hashtags #EarthDay2023 and #LSLovesNature. Entrants may be an existing or new follower of @levelselect during the Sweepstakes Period and an Entrant does not need to unfollow and refollow @levelselect in order to receive an entry.
Each Entrant can only receive one (1) entry. If an Entrant does not have an Instagram account, he or she can create one at no cost using the Instagram application on his or her compatible mobile device (Entrants should consult their wireless service provider regarding pricing plans, as messages and data rates may apply).
ENTRY REQUIREMENTS: For an Entry to be eligible for the Sweepstakes: (1) “Follow” @levelselect on Instagram and living in the United States (2) “Like” the giveaway post on Instagram (3) “Post” a photo outside in nature on personal Instagram channel and “tag” @levelselect with the hashtags #EarthDay2023 and #LSLovesNature.
To be eligible, Entry must be received within the Sweepstakes Period. Sponsors and/or Administrators are not responsible for error, omission, interruption, deletion, defect or delay in operations or transmission; lost or intercepted entries; theft or destruction or unauthorized access or alterations of entry materials, computer transmissions or for technical telephone equipment, electronic, hardware or software, network or computer malfunctions of any kind; or inaccurate transmission of, or failure to receive entry information on account of technical problems or any combination thereof, which may occur in the receipt and/or processing of entries or otherwise in the administration of the Sweepstakes.
It is Entrant’s sole responsibility to take any steps necessary to adjust their Instagram account settings to permit Entrant to receive messages from Sponsor. Entrant’s inability to receive any message(s) from Sponsor for any reason shall be deemed a failure by such Entrant to comply with these rules, and any such Entrant shall be disqualified from the applicable Entry Pool. Similarly, Sponsor shall not be liable for any lost, misdirected, or otherwise unreceived or illegible messages from Entrants. By entering this Sweepstakes, each Entrant agrees that the Sponsor may contact the Entrant by direct Message via Entrant’s Instagram, to administer and fulfill this Sweepstakes.
Limit: One (1) Entry per person during the entire Giveaway Period. Any person who attempts to participate by using multiple identities, multiple accounts or by using any device or artifice to participate in violation of the terms stated in these Official Rules, may be disqualified by Administrator in its sole discretion.
Any use of robotic, repetitive, automatic, programmed or similar participation methods or agents will void such participation in the Giveaway. In the event of a dispute over who an Entry corresponds to, the authorized account subscriber of the cellular account used to enter the Giveaway or the authorized account subscriber or owner of the email address as of the actual time that such information was received by Administrator, will be deemed to be the entrant. The “authorized account subscriber” is defined as the natural person who is assigned the cellular telephone number or email address by the cellular telephone network associated with the cellular phone number or by the internet service provider associated with the email address used to enter the Giveaway. Administrator may require an entrant to show proof of being the authorized account holder. Sponsor or Administrator are not responsible for cellular carrier or cell tower glitches or outages that result in the non-receipt of any entrant’s text-in Entry attempts. Sponsor or Administrator are not responsible for Entries that are garbled, corrupted, or otherwise unascertainable or incomprehensible. Entrants may be required to indicate their acceptance to the Official Rules where indicated at the time of Entry; provided, however, that any Entrant’s participation in the Sweepstakes constitutes, and is deemed, such Entrant’s full and unconditional agreement to the Official Rules and any and all decisions of Sponsor and Administrator, which are final and binding in all respects. All Entrants agree to waive any right to claim ambiguity in the Sweepstakes and/or these Official Rules.
Entries will be deemed to have been submitted by the authorized Instagram account holder. The authorized account holder is defined as the natural person who is assigned to an Instagram address. You must enter using only an account registered in your name. The Potential Winner may be required to provide Sponsor or Administrator with proof that he/she is the authorized account holder of the account associated with the winning Entry. Entries that have been generated by a script, macro, bot or any other automated means will be deemed void. Entrants may not create or enter with multiple accounts. Any Entrant who attempts to enter with multiple accounts or under multiple identities will be disqualified and forfeits prize won, in Sponsor’s sole discretion. Entries not in compliance with these Official Rules may be disqualified in Sponsor’s sole discretion. Entries become the property of Sponsor, and Sponsor is permitted to use entry content on owned websites, social media, and in emails to consumers.
SWEEPSTAKES ENTRY CRITERIA: In addition to the above requirements, each Entry must meet the following content restrictions:
The Entry must not contain sexually explicit content, violence or objectionable material that Sponsor or Administrator determines in its sole discretion is inappropriate, indecent, obscene, abusive, hateful, tortuous, defamatory, slanderous, libelous or offensive;
The Entry must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
The Entry must not contain material that is unlawful, in violation of or contrary to any applicable laws, rules or regulations. The Entry must not contain any personally identifiable information of any person other than you. Should you include personally identifiable information about yourself in your Entry, you acknowledge and agree that such information will be disclosed publicly and you are solely responsible for any consequences thereof.
WINNER SELECTION: On or about May 1, 2023, LEVEL SELECT™ shall, using third party random winner generating software, choose one (1) winner of the Sweepstakes at random from all eligible Entries received during the Sweepstakes Period (the “Potential Winner”). Sponsor or Administrator will attempt to notify each “Potential Winner” via Instagram Direct Message on or about May 1, 2023. Potential Winner must respond within two (2) days of notification attempt. Failure to respond to notification as directed within the stated time will result in forfeiture of the prize. Awarding of any prize is subject to verification of Potential Winner’s eligibility and full compliance with these Official Rules.
THE PRIZE: The Prize of the Sweepstakes will be awarded (1 of each) LEVEL SELECT OTC product ((1) Muscle Rub Lotion, (1) Sports Therapy Cream, (1) Sport Recovery Soaking Salt, (1) Massaging Roll-On Gel, and (1) Extended Relief Patch). A Winner may not exchange, transfer, substitute, assign, or receive a cash equivalent of the Prize.
If for any reason this Sweepstakes cannot be executed as planned, including but not limited to infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor that corrupt or affect the security, administration, fairness, integrity or proper conduct of this Sweepstakes, or if the Sweepstakes is compromised or becomes technically corrupted in any way, electronically or otherwise, the Sponsor reserves the right to cancel, terminate, suspend, or modify the Sweepstakes. In such event, Sponsor, at its discretion, may select a winner from the eligible, non-suspect Entries fulfilling the applicable eligibility requirements prior to the event requiring termination, cancellation or suspension of this Sweepstakes.
WINNER REQUIREMENTS: All federal, state and local taxes imposed upon or related to the Prize and/or any and all additional costs associated with the Prize and/or any portion thereof, are the sole responsibility of the Winner. The Winner will be required to provide the Administrator with their email address, first and last name, U.S. postal address, telephone number, and any other information required to complete the required documentation in accordance with these Official Rules. In addition, the Winner will be required to complete and execute all documentation required by LEVEL SELECT in the form provided by LEVEL SELECT, including but not limited to a completed, signed Certification of Eligibility/Release of Liability, and a signed W-9 or equivalent tax form fully completed with all required information. The Prize will not be provided to Winner unless and until the Winner has completed and returned all of such documentation. If the Winner cannot be contacted, does not respond to LEVEL SELECT, fails or refuses to sign and return any certification, forms, and/or documents required by LEVEL SELECT within two (2) days after LEVEL SELECT’s request, and/or otherwise fails to meet the eligibility requirements under these Official Rules, then the Winner may be disqualified and LEVEL SELECT may select an alternate Winner from among all remaining eligible entries. The Prize will be shipped to the Winner approximately two (2) to three (3) weeks after Winner verification and receipt of applicable documentation and information from the Winner. LEVEL SELECT is not responsible for any late shipment and does not guarantee any shipment date. LEVEL SELECT shall not have any responsibility whatsoever to a Winner who is unable or unavailable to accept or use a prize. LEVEL SELECT, may, in its sole discretion, choose an alternate Winner if a Winner does not fulfill all of the requirements in these Official Rules.
LICENSE TO ENTRY: By entering the Sweepstakes and/or accepting a Prize, Winner consents to and grants Sponsor, Administrator and their agencies, licensees, media outlets, successors and assigns a nonexclusive, worldwide, royalty-free, fully-paid, irrevocable, perpetual right and license to post, publish, display and/or otherwise use their name(s), likeness, city(ies) and/or Instagram Account handle(s), in whole or in part, for promotional, marketing and/or publicity purposes, solely in connection with the Sweepstakes, in any and all media now known or later developed including but not limited to websites and social media pages, without any compensation, notification, permission and/or other consideration.
LIMITATIONS OF LIABILITY AND RELEASES. No liability or responsibility is assumed by Sponsor or Administrator from entrant’s participation in, or attempt to participate in, the Sweepstakes. Sponsor and the Administrator are not responsible for any typographical errors in the information provided by entrants, or in the announcement of prizes or these Official Rules. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision or any other provision herein. Should any provision of the Official Rules be deemed unenforceable or invalid, the other provisions of the Official Rules shall remain in full force and effect. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor or Administrator. All such Entries are subject to verification. By entering or otherwise participating in the Sweepstakes and/or accepting any prize, each entrant hereby fully and unconditionally agrees to be bound by these Official Rules and the decisions of Sponsor and Administrator, or their respective designated agents, which are final and legally binding in all respects, and agrees to waive any right to claim any ambiguity in these Official Rules. The entrant also agrees to assume all risk of loss, damage, destruction, delay or misdirection of materials and mail submitted to or from Sponsor or Administrator, and further agrees that all prizes are awarded upon the condition that Sponsor, Administrator, Facebook, Instagram, Twitter and any of their respective parent companies, subsidiaries, officers, directors, partners, principals, partnerships, employees or agents (collectively, the “Released Parties”) shall have no liability whatsoever, and each entrant agrees to release, indemnify and hold harmless the Released Parties for, any injuries, losses, or damages of any kind to persons or property, including death, sustained, in whole or in part, directly or indirectly, in connection with or resulting from acceptance, possession, use or misuse of any prize, or participation in this Contest or participation in any Contest-related activities and further acknowledges that said Released Parties have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to any prize awarded in connection with the Contest.
Sponsor reserves the right to correct any typographical, printing, computer programming or operator errors, including in the Official Rules. The Released Parties are not responsible for hardware or software failures of any kind, traffic congestion in any networks, or towers, or any combination thereof, lost network connections, incomplete, garbled or delayed transmissions, whether caused by Sponsor, Administrator, users, or by any of the equipment or programming associated with or utilized in the Contest, or by technical or human error which may occur and/or which may damage Sponsor or Administrator’s ability to receive or store Contest data, or which may damage an entrant’s system in connection with the selected method of entry, or which may otherwise limit any entrant’s ability to participate and/or redeem the prizes in the Contest. In the event that any entrant’s Entry attempt is not successfully received by Sponsor or Administrator, that entrant’s sole remedy shall be to attempt to enter the Contest once again during the Contest Period. Sponsor and Administrator reserve the right at its sole discretion, to disqualify any individual who tampers with the Contest, or the operation of the Contest, or who enters using any automatic or programmed entry duplication method, violates these Official Rules, or otherwise engages in fraudulent or offensive conduct with respect to this Contest.
BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), 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, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT’S 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 EVERY ENTRANT.
WINNERS LIST/OFFICIAL RULES. For confirmation of the winner’s name (first initial, last name) and city of residence, or for a copy of these official rules, send an email to [email protected] (email must be received by May 2, 2023. Include the name of this Sweepstakes “LEVEL SELECT Instagram Giveaway” and specify either “Winners List” or “Official Rules” in the subject line.
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