Orgain

Eligibility: The Orgain - #EnergyFTW Sweepstakes (the "Sweepstakes") is open only to legal residents of the 50 United States and District of Columbia who are 18 years or older (or 19 if resident of AL or NE) and have a valid passport. Void where prohibited by law. No purchase necessary to enter the Sweepstakes. Employees of Orgain, LLC, 16851 Hale Ave, Irvine, CA 92606 (the "Sponsor"), Brandmovers, Inc., 1519 Carroll Dr. NW, Atlanta, GA 30318 ("Administrator”), or Nestlé USA (“Promotional Partner”) (collectively with Sponsor, Administrator, and Promotional Partner, the "Released Parties”), and any of their respective affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production execution or distribution of the Sweepstakes and their immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members of each such employee are not eligible to enter or win. The Sweepstakes is subject to all applicable federal, state and local laws and regulations. Participation constitutes entrant's full and unconditional agreement to these Official Rules and Sponsor's decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.

Sweepstakes Period: The Sweepstakes starts at 12:00:00 AM Central Time (“CT”) on June 5, 2023 and ends at 11:59:59 PM CT on June 29, 2023 (“Sweepstakes Period”).

How to Enter. Three (3) steps must be taken to successfully enter the Sweepstakes

Entry Form: visit www.energyFTWsweeps.com, to find, complete and submit the official entry form which includes your first and last name, email address, Instagram or TikTok handle, and agreeing to the Sweepstakes terms;and
Photo or Video Submission: Then, upload a photo or video showing your favorite way to power through your day (your “Submission”); and
Share: Then, share the Sweepstakes to your TikTok and/or Instagram account, and tag #EnergyFTW and @drinkorgain. Any share that does not include the tag #EnergyFTW and @drinkorgain will not be counted as a valid entry.

The entry form and Submission will collectively be referred to hereinafter as the “Entry” or “Entries.” Entries must be submitted by 11:59:59 PM CT on June 29, 2023, to be eligible for the Sweepstakes random drawing. All three (3) steps mentioned in 3 i-iii above must be completed for an entry to be valid. Sponsor is not responsible for any technical issue relating to submitting the entry form or up uploading your Submission. There is a limit of one (1) Entry per person during the entire Sweepstakes Period, regardless of the method of entry.

PLEASE NOTE: Entrants must adjust their Instagram or TikTok account (whichever platform they used to share the Sweepstakes) settings to allow for receipt of messages from Sponsor. For this purpose, entrants must set their Instagram account settings to ‘Public' until Sweepstakes winners have been selected and verified, and take any further necessary steps to ensure receipt of any communication from Sponsor. It is solely entrant's burden to take any steps necessary to adjust their Instagram or TikTok account settings so that messages can be sent by Sponsor. An Entrant's non-receipt of a message from Sponsor for any reason, including for failure on behalf of entrant to adjust Instagram account settings, shall be entrant's, and not Sponsor’s fault. Similarly, Sponsor shall not be held liable if they are not able to view an entrant's entry for any reason, including the failure on behalf of entrant to adjust their Instagram or TikTok account settings accordingly. By entering this Sweepstakes, each entrant agrees that the Sponsor has the right to contact the entrant by direct Message via entrant’s Instagram or TikTok accounts provided upon registrations to administer and fulfill this Sweepstakes.

This Sweepstakes is not sponsored or endorsed by Instagram or TikTok. By entering, you are providing your information to Sponsor, and not to Instagram or TikTok.

Submission Requirements:

Entrants agree to and understand that the Submission will be made available to the public, including without limitation, posting on the Internet and may appear in Sponsor’s advertising and marketing materials. Whether or not the Submission is published on the Internet, Sponsor does not covenant or guarantee any confidentiality with respect to any Submission.
The Submission must not have been submitted previously in any contest of any kind or exhibited or displayed publicly (i.e., disclosed beyond your immediate circle of friends and family) through any means previously.
Each Submission must be an original creation of the submitting entrant which is under no restriction, contractual or otherwise, that will prevent Sponsor's use of the Submission and each Submission must be free of any and all liens, encumbrances and claims of third parties. Entrant acknowledges, agrees, and warrants that, nothing in the Submission infringes on any copyrights, confidential information, trade secrets or trademarks belonging to any person or entity other than the entrant absent a suitable license, clearance or permission agreement (proof of which is required upon submission), or violates any person's rights of privacy or publicity and that all necessary releases and permissions have been secured. Entrant agrees to indemnify and hold harmless each of the Released Parties and their respective parent, subsidiaries, and affiliates and each of their respective officers, directors and employees, from and against any and all claims, demands, damages, costs, liabilities and causes of action of whatsoever nature that are based upon or arise out of any breach by entrant of these Official Rules or the warranties and representations made by entrant in this paragraph. Modifying, enhancing or altering a third party's preexisting work does not qualify as entrant's original creation.
By uploading the Submission, the entrant agrees, for zero compensation, to grant to Sponsor all intellectual property rights in the Submission and each of its constituent parts, which rights include, without limitation, the Sponsor's right to publish, make available to the public and/or reproduce the Submission through any media available at any time during, or after, the Sweepstakes Period on any related websites, in any promotional materials, whether related or un-related to the Sweepstakes, and at any other location, whether physical or online, that Sponsor, in its sole discretion, deems appropriate and necessary for the operation and promotion of this Sweepstakes. In addition, entrant warrants that any so called "moral rights" in the Submission have been waived and entrant acknowledges and agrees that Sponsor may use any ideas from any Submission or other submitted materials, whether or not entrant has been awarded a prize in connection with any such Submission or other materials. Entrant agrees to release, defend, indemnify and hold harmless each of Released Parties, and each of their parent, subsidiaries, and affiliates and each of their respective owners, employees, directors, officers, agents, and subcontractors from all claims, demands, and causes of action of any nature whatsoever which entrant or entrant's heirs, representatives, executors, administrators, or any other persons acting on entrant’s behalf or on behalf of entrant’s estate, have or may have by reason of: (i) Sponsor's exercise of any rights granted by entrant in this paragraph; (ii) claims based on violation of any right of publicity or rights of personality, infringement of copyright or trademark, libel, slander, defamation, invasion of privacy, loss of earnings or potential earnings in connection with Sponsor's use of the Photo entry and any portion thereof, or the likeness of any natural person therein.
Entrants are responsible for securing necessary permissions, talent and location releases, and licenses for any visual material contained in the Photo entries.
Submission may or may not appear on Sponsor’s website or social media channels without any additional consent or consideration, at Sponsor’s sole discretion.

Submission Content Restrictions

Submissions must not contain material that:

Contains or depicts someone smoking or intoxicated;
Violates or infringes another's rights, including without limitation, privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
Contains 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;
Contains any unacceptable clothing or adornments, or displays any commercial/corporate advertising other than that of Sponsor (including but not limited to corporate logos, brand names, trademarks, slogans, political, personal and religious statements);
Contains indecent or unsafe behavior or situations, profanities or obscenities, including but not limited to nudity, or pornography, or is otherwise inappropriate, indecent, profane, obscene, hateful, tortuous, slanderous or libelous;
References persons or organizations without their written permission;
Disparages any persons or organizations;
Includes threats to any person, place, business, or group;
Is unlawful, in violation of or contrary to all applicable federal, state, or local laws and regulations.

Failure of any Photo entry to comply with the above "Photo Entry Requirements" and "Photo Entry Content Restrictions," as determined by Sponsor, in its sole discretion, may result in disqualification of entrant. Without limitation, Sponsor reserves the right in its sole discretion to disqualify any entry that, in their sole opinion, refers, depicts or in any way reflects negatively upon the Sponsor, the Sweepstakes or any other person or entity, does not comply with these Official Rules or if Sponsor receives notification about any potential infringements or breaches of law or any other reason set forth herein. All Photo entries shall become the exclusive property of Sponsor and will not be returned. Photo entries must be suitable for presentation in a public forum, in sole determination of Sponsor.

Winner Selection and Notification: One (1) potential Grand Prize winner and one hundred (100) First Prize winners will be selected in a random drawing to be held by Administrator on or about June 30, 2023. The potential winners will be notified by Administrator via email to the email address associated with the potential winner’s entry, on or about the day of the random drawing. The potential winners must respond within 48 hours from the Administrator sending the email to the potential winner, or prize will be forfeited and awarded to an alternate winner, time permitting. Odds of winning depend on the total number of entries received in the Sweepstakes Period.
Prizes and Approximate Retail Values Value (“ARV”) – One (1) Grand Prize – A 5-night trip for two (2) people to the Women’s World Cup in New Zealand on August 1, 2023, which includes the following: two (2) coach class roundtrip airfare from major international airport nearest winner’s residence (as approved by Sponsor in its sole discretion) to a Sponsor-specified airport in New Zealand; five (5) nights hotel accommodations (one standard room/double occupancy) at Sponsor-specified hotel in New Zealand; two (2) tickets to the World Cup to see the US Women’s team play Portugal on August 1, 2023; and some meals during the trip. Approximate Retail Value (“ARV”): $12,000.00. The actual value of the trip will vary depending on various factors, including the date of booking and the point of departure. The actual retail value and stated retail value may differ. Any difference between the stated value and actual retail value will not be awarded. Trip must be taken from July 28, 2023 until August 4, 2023 or Grand Prize will be forfeited and may be awarded to an alternate winner, time permitting. Trip may not be extended without Sponsor’s express permission. Winner and Guest must travel on the same itinerary. Guest must be at least 18 years of age or older (or 19 if resident of AL or NE). All elements of the Grand Prize must be redeemed at the same time, and no changes will be permitted after confirmation of any redemption. Travel companion must execute liability/publicity releases prior to issuance of travel documents. No other elements or expenses (including, without limitation, insurance, meals, phone calls, gratuities, incidentals, souvenirs, gasoline, excursions, etc.) are included in the Grand Prize and all such expenses are the sole responsibility of Grand Prize winner. Grand Prize winner is responsible for any travel or transportation-related taxes and/or expenses, including applicable departure taxes or fees (if any). Once issued, tickets or reservations are nontransferable and may not be reissued once travel has commenced. Open tickets may not be issued and stopovers are not permitted. Sponsor will not replace any lost, mutilated, or stolen tickets. Seat locations are at Sponsor’s sole discretion. IMPORTANT NOTICE REGARDING NEW PASSPORT REQUIREMENTS FOR INTERNATIONAL TRAVEL: As of January 23, 2007, all international travelers must present a government issued passport for U.S. Customs re-entry after air, land or sea travel. For more information, please visit the State Departments consular website at www.travel.state.gov or the U.S. Department of Homeland Security’s website at www.dhs.gov. It is the traveler's responsibility to provide proper documentation. Married or divorced women traveling under names other than what is printed on their travel documents must supply a marriage license and/or divorce decree.

One Hundred (100) First Prizes A custom Orgain product box, consisting of: one (1) tub of Organic Protein™ Plant Based Protein Powder, one (1) 4-pack of Orgain Kids Protein Shake RTD, one (1) tub of Collagen Peptides, one (1) 8-pack of Hydro Boost – Rapid Hydration Drink Mix, one (1) Protein Travel Container, and one (1) Orgain branded glass tumbler. ARV: $112.00 each. The total approximate retail value of all prizes is $23,200.00. Prizes consist of only those items listed as part of the Prize. All federal, state and local taxes associated with the Prize are each Winner’s sole responsibility. Prizes are nontransferable, and no substitution will be made except as provided herein at Sponsor’s sole discretion and not redeemable for cash. Sponsor reserves the right to substitute a prize, or component thereof, for one of equal or greater value if the designated prize should become unavailable for any reason. Sponsor will provide the Winners with an IRS Form 1099 reflecting the actual final retail value of the Prize, or such other governmental tax forms that may be necessary, as determined in the sole discretion of Sponsor. Winners may be required to sign a liability and/or publicity release and/or affidavit of eligibility (collectively, “Prize Release”) prior to issuance of a Prize. The Winners must meet the eligibility requirements as set forth in Paragraph 1 of these Official Rules.

Claiming the Prize: In order to coordinate the Grand Prize, the potential Grand Prize winner will be required to provide the Prize Release and completed W9 tax form to Sponsor within ten (10) days of being notified they are the potential Grand Prize winner, and will work directly with Sponsor to coordinate their trip. In the event the potential Grand Prize winner fails to verify their address or provide any required documents within the timeframe provided by Sponsor, they will forfeit their right to the Grand Prize, and an alternate may be selected at Sponsor’s sole discretion, time permitting. Upon receipt of the Prize Release for the First Prize winners, including verifying their mailing address, Sponsor or Administrator will ship the First Prize to that winner’s address as provided. Allow 4 to 6 weeks for shipping of the First Prize. Sponsor is not responsible for lost, late, delayed, damaged, stolen, technical glitches, or mutilated mailing of any prize. All unclaimed or returned prizes remain the property of Sponsor. Administrator/Sponsor are not responsible for emails that are lost, misdirected, unopened, or for any technical glitches associated with the sending of emails.

Participation Conditions/Release/Consent to use Likeness: By participating, each participant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor which are binding and final in all matters relating to this Sweepstakes; (b) release and hold harmless the Released Parties from and against any and all claims, expenses, and liability, including, but not limited to, negligence and damages of any kind to persons and property, including, but not limited to, 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 participation in this Sweepstakes, and acceptance or use or misuse of prize; (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorney’s fees) arising out of or relating to an entrant's participation in the Sweepstakes and/or entrant's acceptance, use or misuse of prize; and (d) allow Sponsor’s use for promotional purposes of his/her likeness, voice and/or address (city/state) without any additional compensation.

General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, for any reason whatsoever, including, without limitation, fire, flood, natural or man-made pandemic or epidemic of health or other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction or if any fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the participation process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or any other Sweepstakes or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes 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. Only the type and quantity of prizes described in these Official Rules will be awarded. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

Limitations of Liability: The Released Parties as set forth above are not responsible for: (1) 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 Sweepstakes; (2) technical failures of any kind, including, but not limited, to malfunctions, interruptions or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the participation process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of phone calls; or (5) 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 Sweepstakes or receipt or use or misuse of any Prize.

Privacy Policies and Data Collections: Information provided by you for this Sweepstakes on the entry form, including is subject to Administrator’s Privacy Policy: http://www.brandmovers.com/legal/privacy ; or Sponsor’s privacy policy: www.orgain.com/policies/privacy-policy as applicable. By entering this Sweepstakes, each entrant agrees that the Sponsor and/or Administrator has the right to contact the entrant by phone, direct message, or email accounts provided on the Entry Form to administer and fulfill this Sweepstakes.

Disputes/Governing Law: Entrant (or their parent/legal guardian if entrant is a minor in the state of their residence) agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, other than those concerning the administration of the Sweepstakes or the determination of the Grand Prize winner or for any disputes arising from the loss or injury from the participation in the Grand Prize, shall be resolved individually, without resort to any form of class action; (ii) any disputes arising out of these Official Rules (except for any disputes arising from the loss or injury from the use of Prizes) shall be submitted to final, binding arbitration conducted in California under the Arbitration Rules and Procedures of the Judicial Arbitration and Mediation Services Inc. before a single, neutral arbitrator who is a former or retired California state or federal court judge with experience in entertainment matters who shall follow California law and the Federal Rules of Evidence and have no authority to award punitive damages. Either party may enforce a final arbitration award in any court of competent jurisdiction in California, including an award of costs, fees and expenses incurred in enforcing the award. Notwithstanding the foregoing, Released Parties shall be entitled to seek injunctive relief (unless otherwise precluded by any other provision of these Official Rules) in the state and federal courts of California. Any dispute or portion thereof, or any claim for a particular form of relief (not otherwise precluded by any other provision of these Official Rules), that may not be arbitrated pursuant to applicable state or federal law may be heard only in a court of competent jurisdiction in California; (iii) any and all claims, judgments and awards shall be limited to actual out-of- pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys' fees; and (iv) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out- of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.

Official Rules/Winners List: For a copy of these Official Rules, see the Website during the Sweepstakes Period. For a copy of these Official Rules or the Winner’s List, send a hand-printed, self-addressed, stamped envelope to: Official Rules/Winner’s List (designate which) – Orgain - #EnergyFTW Sweepstakes Rules, Brandmovers, Inc., 1519 Carroll Drive, Atlanta, GA 30318. To be postmarked by June 29, 2023 and received by July 6, 2023.

Sponsor: Orgain, LLC, 16851 Hale Ave, Irvine, CA 92606

Administrator: Brandmovers, Inc., 1519 Carroll Drive, Atlanta, GA 30318.

ABBREVIATED RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. The Orgain - #EnergyFTW Sweepstakes is open to legal residents of 50 U.S. & D.C., who are 18 and older (or 19 for residents of AL & NE) who have a valid passport. To enter, visit www.energyFTWsweeps.com from 12:00:00 AM CT on 6/5/2023 and ends at 11:59:59 PM CT on 6/29/2023. Subject to official rules at www.energyFTWsweeps.com. Void where prohibited by law. Sponsor: Orgain, LLC, 16851 Hale Ave, Irvine, CA 92606.

Banner Ads:

NO PURCHASE NEC. Open to 50 U.S. & D.C., 18+ (or 19+ for AL & NE) who have valid passport. Ends on 6/29/23. See rules @ Orgain, LLC, 16851 Hale Ave, Irvine, CA 92606.

Social Ads:

NO PURCHASE NECESSARY. Open to legal residents of 50 U.S. & D.C., 18 and older (or 19 for residents of AL & NE) who have a valid passport. Starts at 12:00:00 AM CT on 6/5/2023 and ends at 11:59:59 PM CT on 6/29/2023. See rules at www.energyFTWsweeps.com. Void where prohibited. Sponsor: Orgain, LLC, 16851 Hale Ave, Irvine, CA 92606.