NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A purchase will not increase your chances of winning. The Real “Vitalize Sweepstakes” (the "Sweepstakes") is sponsored by AFN Productions Inc. (the “Sponsor”). The Sweepstakes is in no way sponsored, endorsed, administered by, or associated with Instagram. The entry period for the Sweepstakes begins December 18, 2018 12:00:00 a.m. Pacific Time (PT) and ends January 2, 2019 at 11:59:59 p.m. Pacific Time (PT) (the “Entry Period”). Sponsor’s computer will serve as the official timepiece for the Sweepstakes.
The Sweepstakes is open to individuals who are at least eighteen (18) years of age on the date of entry and a legal resident of and physically residing in the fifty (50) United States or the District of Columbia.
Neither Sponsor nor employees of Sponsor, “The Real,” broadcast licensees of “The Real” (the “Show”), Warner Media, LLC, Warner Brothers Entertainment, Telepictures Productions, Inc., Vitalize, Sweepstakes prize donors and all of their respective partners, parent companies, divisions, subsidiaries, Entities, trustees, franchisees, licensees, distributors, advertising, promotion and public relations agencies and their respective officers, directors, employees, agents, independent contractors, representatives and agencies (collectively, the "Sponsor Entities") are eligible to participate in the Sweepstakes and/or win any Sweepstakes prize (as further defined below). Additionally, relatives of such employees and persons living in the same household as such employees (whether related or not) are not eligible to win. For the purposes of this Sweepstakes, “relatives” is defined as spouse, domestic partner, parent, in-laws, grandparent, brother, sister, children and grandchildren.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Instagram.
2. HOW TO ENTER:
Entries received before and/or after the Sweepstakes Period will be void. All entries become the sole property of Sponsor and will not be acknowledged or returned.
Sponsor’s computer will serve as the official timepiece for the Sweepstakes.
If the entrant meets the eligibility criteria set forth above (each, an eligible “Entrant”), then in order to enter Entrant must follow the steps below during the Entry Period:
You may enter the Sweepstakes one time during the Entry Period. In order to enter:
- Entrant must have a personal Instagram account set to “public.”
- Entrant must follow the official Instagram of Vitalize @VitalizeRX and The Real @therealdaytime.
- Entrant’s Instagram post must include the following hashtag visibly and conspicuously in the designated Vitalize Sweepstakes post description hosted by @therealdaytime: #sweepstakes
- Entrant must tag a friend under the designed Vitalize Sweepstakes post hosted by @therealdaytime.
Those Entrants who do not use the required hashtags will be disqualified.
By entering Entrant certifies that Entrant is eighteen (18) years of age (or age of majority in their jurisdiction of residence, whichever is older) and is the Instagram account holder.
Entrant’s entry must be received by Sponsor during the Sweepstakes Period. LIMIT: Enter one time during the Sweepstakes Period.
Submission of false or misleading Personal Information will be grounds for disqualification of entry. Entries generated by a script, macro or other automated means will be disqualified.
Illegible or incomplete entries, as determined by the Sponsor in its sole discretion, will be disqualified. Sponsor will not deem proof of submission of an entry as proof of receipt of an entry.
WINNER SELECTION PROCESS:
Sponsor will randomly select ten (10) Prize (as defined below) winner(s) (“Winner(s)”).
If a potential Prize Winner is found ineligible or fails to comply with these Official Rules, that Entrant’s claim to a Prize is forfeited and an alternate qualifying and eligible entrant may be selected, at Sponsor’s sole discretion.
The Prize Winner(s) will receive the following:
One (1) Voucher to redeem Vitalize 3-Part Hair Repair System
TOTAL VALUE OF PRIZE: $100
Prizes may be collectively referred to hereunder as “Prize”.
The Sweepstakes Winner will be required to review and execute further contracts and releases provided by Sponsor in order to receive the Prize. The Sweepstakes Winner will be required to agree to have the Winner’s name, photo and/or likeness appear on the Show after the Prize is announced, and Winner will be required to execute participant release to that effect.
ADDITIONAL PRIZE INFORMATION:
There is no substitution for any Prize or any portion thereof. The Prize is not transferable or assignable. All Prize details are at Sponsor’s sole discretion.
Sweepstakes winner is solely responsible for the reporting and payment of any and all federal, state and local taxes as well as any other costs and expenses associated with acceptance and use of the Prize not specified herein as being awarded.
The value of each Prize set forth above represents Sponsor’s good faith determination of the value thereof and cannot be challenged or appealed. The Prize consists of only those items specifically listed above as part of the Prize.
PRIZEWINNER NOTIFICATION PROCESS:
The Prize winners will be notified by Sponsor via direct message and will be announced on TheReal.com. If a Prize winner does not accept the Prize and/or fails to return all required documentation and signatures within seventy-two (72) hours following the date and time the Prize winner is notified by Sponsor, then that Sweepstakes winner will be disqualified and an alternate winner will be selected at Sponsor’s sole discretion.
The Sponsor will require a tentative Sweepstakes winner to execute a Participant Release and a Certificate of Eligibility, Liability Release and Publicity Release (collectively, “Certificate/Release”).
If a Prize winner does not accept the Prize and/or fails to return any required documentation and signatures within seventy-two (72) hours following the date and time the Prize winner is notified by Sponsor, then that Prize winner will be disqualified and an alternate winner will be selected at Sponsor’s sole discretion.
Refusal or return of any notifications, Affidavit/Release or Prize as undeliverable will result in disqualification and an alternate entry will be selected at Sponsor’s sole discretion.
OWNERSHIP AND LICENSE:
All Sweepstakes related materials, including submission entries (“Submission”) become the property of the Sponsor and will not be acknowledged or returned. The copyright in any Submission shall remain the property of the Entrant, but entry into this Sweepstakes constitutes Entrant’s irrevocable and perpetual permission and consent, without further compensation or attribution, to use, reproduce, print, publish, transmit, distribute, sell, perform, adapt, enhance, or display such Submission for any purpose, including but not limited to editorial, advertising, trade, commercial, and publicity purposes by the Sponsor and/or others authorized by the Sponsor, in any and all media now in existence or hereafter invented, throughout the universe, for the duration or the copyright in the Submission. Sponsor and/or others authorized by the Sponsor shall have the right to edit, adapt, and modify the Submission.
Any use of any of the Sweepstakes Entities trademarks or copyright interest is strictly prohibited and may subject Entrant to civil and/or criminal liability.
ALL PRIZES ARE PROVIDED “AS IS” AND “with all faults.” SWEEPSTAKES ENTITIES make no warranties, express or implied, in fact or in law, relative to the use or enjoyment of any prize, or any portion thereof, including, without limitation, its quality, merchantability or fitness for a particular purpose. Any and all warranties for a prize, or any portion thereof, are contained in the manufacturers’ or service providers’ warranties, as relevant.
All trademarks utilized as part of the Sweepstakes or the Prize are the property of their respective owners. The use of certain companies’ products and services as prizes does not imply participation in, approval of, or endorsement of this Sweepstakes by such companies.
RELEASE, HOLD HARMLESS AND INDEMNIFICATION:
By entering, ALL Entrants IN THE SWEEPSTAKES, ENTRANT’s HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL SUCCESSORS AND/OR ASSIGNS release and agree to defend, indemnify and hold harmless the SPONSOR, INSTAGRAM, AND ALL SWEEPSTAKES ENTITIES From and against any and all claims, demands, losses and causes of action for any DAMAGES (INCLUDING, WITHOUT LIMITATION, ALL CONSEQUENTIAL, punitive, AND INCIDENTAL DAMAGES), liability, loss, cost, fees (including attorneys’ fees), including, without limitation, damage to PERSON (INCLUDING DEATH) OR personal or real property, due in whole or in part, directly or indirectly, by reason of THE acceptance, possession, REDEMPTION, MISDIRECTION, use or misuse of ANY prize OR ANY PORTION OF ANY PRIZE (including any activity OR TRAVEL related thereto) or participation in the SWEEPSTAKES and the ACTIVITIES OR FOR ANY And all claims based on rights of publicity and rights of privacy WHETHER any of these things are CAUSED, IN WHOLE OR IN PART, BY THE ACTS, OMISSIONS, NEGLIGENCE OR MISCONDUCT OF THE SPONSOR AND/OR THE SWEEPSTAKES ENTITIES.
DISCLAIMERS / LIMITATIONS ON LIABILITY:
By ENTERING, ALL ENTRANTS IN THE SWEEPSTAKES agree that THE SWEEPSTAKES ENTITIES assume no liability whatsoever for injuries or damages of any kind sustained in connection with THE use, acceptance, possession or awarding of ANY prize or while preparing for, participating in and/or traveling to or from any SWEEPSTAKES-related activity, including, without limitation, any injury, damage, death, loss OR accident to person or property due to an intentional act, an act of negligence or default and/or any act of God.
By entering the Sweepstakes, Entrants agree to waive any right to claim ambiguity with the Official Rules.
The Sweepstakes Entities are not responsible for human errors or for any damaged, tampered with, delayed, illegible, incomplete, inaccurate, garbled, late, lost, forged, misaddressed, misdirected, mutilated, mass machine-generated, unintelligible, incomprehensible, stolen entries or entries otherwise not in compliance with these Official Rules. In addition, Sweepstakes Entities are not responsible for any typographical errors in these Official Rules, Sweepstakes content or any advertising materials for the Sweepstakes, or for any kind of computer, electronic, hardware, software, Internet, network, technical or telephone failures and/or problems caused by the Sponsor and/or the Sweepstakes Entities or the user, or by any of the equipment or programming associated with or utilized in the Sweepstakes, or by any human, typographical, electronic, network or other error that may occur in receiving and/or processing of the entries in the Sweepstakes, or by infection by computer viruses, bugs, tampering, unauthorized intervention, fraud or technical failure.
If the Sweepstakes becomes compromised, hampered, interrupted, not capable of running as planned, rendered impossible of performance in any way or prevented, including, without limitation, because of any kind of computer viruses, bugs, electronic, hardware, software, Internet, network, technical or telephone failures, tampering, unauthorized intervention, fraud, an event of force majeure or any other cause created by Sponsor and/or the Sweepstakes Entities, the user or by any of the equipment or programming associated with or utilized in the Sweepstakes, Sponsor reserves the right, at its sole discretion, to change the Official Rules, to cancel, modify, suspend or withdraw the Sweepstakes or any Sweepstakes offer and/or cancel, modify, suspend or withdraw any method of entry, without notice, and select Prize winners from all entries received for the Sweepstakes prior to or after the cancellation, modification, suspension or withdrawal. As used herein, an event of force majeure shall be deemed to include, without limitation, an act of God; an act of terrorism, war, riot or civil commotion, fire, casualties, equipment failure, boycott; labor dispute, strike or stoppage (including a strike by the members of any union), labor or material shortage, transportation interruption of any kind, an act, regulation, order or request of or by any federal, state or local authority or quasi-governmental entity (whether or not the act, regulation, order or request proves to be invalid); or any other similar or dissimilar act beyond the Sponsor’s control.
GENERAL CONDITIONS OF ENTRY:
All Entrants, as a condition of entry, agree that they have not purchased any kind of Internet service whatsoever in order to participate in and/or enter the Sweepstakes. Entrants agree not to knowingly damage or cause interruption of the Sweepstakes and/or prevent others from utilizing the Sweepstakes. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE OR CELLULAR SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES OR CAMPAIGN VIOLATES CRIMINAL AND/OR CIVIL LAWS.
IF SUCH AN ATTEMPT IS MADE, SPONSOR AND/OR SWEEPSTAKES ADMINISTERING AGENCY MAY, AT THEIR SOLE AND REASONABLE DISCRETION, DISQUALIFY ANY AND ALL ENTRANTS MAKING SUCH ATTEMPT AND SPONSOR MAY SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.
GOVERNING LAW AND VENUE:
The parties agree that the Sweepstakes and these Official Rules will be governed, construed and interpreted under 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. Each Entrant agrees (i) that any or all lawsuits brought by Entrants pursuant to these Official Rules or the Sweepstakes will be brought in the courts located in Los Angeles, California and (ii) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action. Entrants hereby waive any and all objections to personal jurisdiction. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred including, without limitation, costs associated with entering this Sweepstakes but in no event attorneys’ fees. Under no circumstances will Entrants be permitted to obtain awards for, and hereby waive all rights to claim, indirect, 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.
For a copy of the Official Rules, go to https://thereal.com/page/2018/12/12/the-real-vitalize-sweepstakes-national-official-rules/
For list of winners please send a request to:
“The Real Vitalize” Winners’ List
c/o AFN Productions Inc.
3500 W. Olive Ave, Suite 1000
Burbank, CA 91505
SPONSOR: AFN Productions Inc., 3500 W. Olive Ave., Ste 1000 Burbank, CA 91505.