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OFFICIAL CONTEST RULES

OFFICIAL CONTEST RULES 

Skinny Mixes’ Official Contest Rules and Legal Disclaimer 

Each participant (“you” or “Participant”) who enters into the New Skinny Mixes, LLC (“Skinny Mixes”)-sponsored contest (the “Contest”), agrees to abide by these Official Contest Rules and Legal Disclaimer (the “Official Contest Rules”).  This Contest shall be administered by Skinny Mixes, whose decisions shall be final and binding in all respects. 

NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE OF SKINNY MIXES’ PRODUCTS DOES NOT ENHANCE CHANCES OF WINNING. 

  1. Eligibility 

The Contest is open solely to legal United States residents who are (i) 18 years of age or older at the time of entry, (ii) reside in the fifty (50) United States or Washington D.C. (excluding Puerto Rico and all U.S. territories) and (iii) have an Instagram account prior to the beginning of the Contest Period (as defined below). Entries are limited to individuals; business entities or other commercial organizations are not eligible to participate in the Contest.  Employees, officers, directors, or agents of Skinny Mixes, their (i) partners, related companies, agencies, or agents, (ii) immediate family (defined as spouse, parents, siblings, children, and grandparents), and (iii) household members are not eligible to participate. All applicable federal, state, and local laws and regulations apply. CONTEST IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW. 

  1. Contest Period  

The Contest begins at 12:00AM EST on September 5, 2023 and ends at 11:59PM EST on September 30, 2023 (the “Contest Period”).  Contest entries that are posted before or after the Contest Period will be disqualified.  Contest entries will be accepted for the duration of the Contest Period using the method outlined in the “How to Enter” section. 

  1. How to Enter  

To enter the Contest, you must  

  1. Publish an Instagram post to your feed with your favorite Skinny Mixes Syrup flavor recipe (the “Post”).  
  1. Include the hashtag “#skinnymixesgift” in the caption of your Post.  
  1. Tag @SkinnyMixes in your Post. 
  1. Set your Instagram profile to “public” during the Contest Period to allow Skinny Mixes to review your Post. 

(Numbers 1-4 collectively, the “Required Actions”) 

Completing the Required Actions will grant you one (1) entry into the Contest.  Participants are limited to one (1) entry in the Contest; multiple entries by any one individual are void. Skinny Mixes will not consider incorrect, fraudulent, incomplete, late, or otherwise non-conforming entries or entries that are intended to annoy, abuse, threaten, or harass any person or entity in any way. Entries generated by macro, script, or other automated means are void. Any entrant using fraudulent means to participate in the Contest will be disqualified and may be guilty of violating applicable criminal laws. Notwithstanding the foregoing, eligibility is at the exclusive discretion of Skinny Mixes, and Skinny Mixes shall be entitled to reject any entrant for any reason or no reason at all without having to provide an explanation. Skinny Mixes reserves the right, in its sole discretion, to cancel, suspend, or terminate the Contest for any reason and without prior notice to any Participant. By taking the Required Actions, Participant affirms that it has read, understands and agrees with these Official Contest Rules and further accepts the decisions of Skinny Mixes, which are final and binding. Participants understand that they are posting at their sole risk.  Skinny Mixes is not responsible for any claims arising from Participant’s post, including without limitation, claims for privacy rights violations, Instagram’s terms and conditions violations, or intellectual property infringement. Proof of taking the Required Actions is not considered proof of delivery to or receipt by Skinny Mixes of such entry. The Contest is in no way sponsored, endorsed or administered by, or associated with, Instagram. ANY VIOLATION OF THESE OFFICIAL CONTEST RULES, THE TERMS OF SERVICE OR INSTAGRAM’S TERMS OF USE BY ANY PARTICIPANT WILL RESULT IN DISQUALIFICATION, AND ALL PRIVILEGES (INCLUDING THOSE AS WINNER, IF APPLICABLE) WILL BE IMMEDIATELY TERMINATED. 

  1. Provision of Materials and Information/Intellectual Property 

By entering into the Contest, Participant represents and warrants as follows: (1) that it fully owns or has properly licensed whatever materials or information it submits hereunder in connection with the Contest and can make such submissions without violating any: applicable law, agreement with any third-party, and/or third-party right of any kind (including without limitation any intellectual property, data protection, privacy, or publicity right); and (2) that any and all materials or information provided by it hereunder shall be true and correct in all respects. 

  1. Prize; Selecting and Notifying Prize Winner  

There will be one potential Contest winner regardless of the eligible entries received; the odds of winning the Contest depend on the number of eligible entries received. The potential Contest winner will be selected by a panel of judges based on the following judging criteria:  

  1. Overall creativity 
  1. Overall engagement with the Contest submission (including cumulative number of comments) 

Following the Contest Period, Skinny Mixes will contact the potential winner via Instagram direct message before October 5, 2023, to confirm that he or she has won the Contest and is entitled to the prize, which is comprised of (1) all of the products found in Skinny Mixes’ “Holiday Collection” and (2) all pumpkin syrups available for purchase on skinnymixes.com (collectively, the “Prize”). The specifics of the Prize are determined solely by Skinny Mixes. Certain items within the Prize may be substituted in Skinny Mixes’ sole discretion due to availability or for any other reason. Skinny Mixes is not responsible for digital communications that are undeliverable as a result of any filtering of any kind, insufficient space in a Participant’s account, or any other failure beyond its reasonable control. In the event of a dispute with respect to entries received from more than one user having the same e-mail address/account, the authorized subscriber of the account in question at the time of entry will be deemed the proper entrant. The winner of the Contest may be required to show picture identification to claim the Prize. Any potential winner will forfeit the Prize if he or she: (1) fails to respond within forty-eight (48) hours to any of Skinny Mixes’ requests for information or signatures with respect to the Contest or the Prize; (2) rejects the Prize (or it is returned undeliverable through no fault of Skinny Mixes); or (3) is disqualified from the Contest for any reason. In the event of any forfeiture hereunder, an alternate winner will be selected by Skinny Mixes. The prize winner is solely responsible for all applicable: (1) federal, state, and local taxes and the reporting consequences thereof; and (2) out-of-pocket expenses/any other fees or costs, associated with Prize acceptance and use. The actual/appraised value of the Prize may differ from the actual/appraised value at the time the Prize is awarded to the selected winner. All Participants agree that information provided by Skinny Mixes is not tax or legal advice and each Participant is advised to consult a professional. 

THE PRIZE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SKINNY MIXES HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.  

THE SELECTED WINNER MUST PROVIDE ALL TRUE, COMPLETE AND ACCURATE INFORMATION REQUESTED BY SKINNY MIXES TO FACILITATE THE DELIVERY OF THE PRIZE TO THE WINNER AND BEARS ALL RESPONSIBILITY IN CONNECTION THEREWITH. IF A SELECTED WINNER DOES NOT PROMPTLY PROVIDE SUFFICIENT INFORMATION TO ENABLE SKINNY MIXES TO DELIVER THE PRIZE TO THE APPLICABLE WINNER OR SUCH WINNER IS OTHERWISE INELIGIBLE, SUCH SELECTED WINNER WILL NOT BE ELIGIBLE TO WIN AND SKINNY MIXES MAY SELECT AN ALTERNATE SELECTED WINNER (AND THUS AN ALTERNATE WINNER).  

  1. Publicity 

Subject to applicable law, the Participant, as a condition to entering into the Contest, consents to allow Skinny Mixes and its affiliates to use his or her name, voice, likeness, opinions, and biographical information (for example, by reposting the Participant’s winning Instagram post with his or her recipe) for marketing, advertising, and publicity purposes in any media throughout the world at any time without the obligation to seek any further consent or to provide Participant with any payment or other form of consideration. Participant agrees to execute any document reasonably required by Skinny Mixes to effectuate the terms hereof and failure to do so shall give rise to Skinny Mixes’ right to execute any and all such documents as Participant’s attorney-in-fact, which right shall be coupled with an interest and therefore, irrevocable. 

  1. Release 

Subject to applicable law, the Participant, as a condition to entering into the Contest and potentially receiving the Prize, agrees to release, discharge, and hold harmless Instagram, Skinny Mixes, and each of their employees, officers, directors, affiliates, partners, agents and assigns, from and against any claim, cause of action, demand, or proceeding (each, a “Claim”), and any resultant loss, injury (including death), cost, expense, fee, fine, penalty, or other loss or expense of any kind, including attorneys’ fees (each, a “Loss”), relating to or arising directly or indirectly out of his or her participation in the Contest or use of the Prize (or related activity such as a press release), and/or Skinny Mixes’ right to exploit Participant’s name and/or likeness or fully exploit any other right granted to it hereunder, and/or from Participant’s receipt, use, or misuse of any Prize, no matter how such Claim or Loss arises (including without limitation, if arising out of any damage to a Participant’s computer system from downloading or using material from Skinny Mixes’ (or an affiliate of Skinny Mixes’) website).   

  1. Limitation of Liability 

IN NO EVENT WILL SKINNY MIXES, AND/OR SKINNY MIXES’ LICENSEES, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, ASSIGNS, AFFILIATES, OR RELATED COMPANIES (COLLECTIVELY WITH SKINNY MIXES, THE “SKINNY MIXES PARTIES”), BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS) ARISING OUT OF ANY PARTICIPANT’S PARTICIPATION IN THE CONTEST, THESE OFFICIAL CONTEST RULES, AND/OR ANY PARTICIPANT’S RECEIPT OF A PRIZE, NO MATTER UNDER WHAT THEORY ARISING, EVEN IF ANY SKINNY MIXES PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SKINNY MIXES PARTIES’ ENTIRE LIABILITY WITH RESPECT TO: ANY PARTICIPANT’S PARTICIPATION IN THE CONTEST, THESE OFFICIAL CONTEST RULES, AND/OR ANY PARTICIPANT’S RECEIPT OF A PRIZE SHALL BE LIMITED TO $500. SOME JURISDICTIONS MAY NOT ALLOW THE AFOREMENTIONED LIMITATIONS OR EXCLUSIONS OF LIABILITY AND AS SUCH, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS. 

  1. Use of Collected Materials and Information 

Skinny Mixes will be collecting, storing, and using personal data about Participants to administer the Contest and exercise its rights hereunder, including without limitation, those relating to marketing and publicity. By entering into Skinny Mixes’ Contest, Participants agree to Skinny Mixes’ collection and use of their personal information. For more information on Skinny Mixes’ handling of personal information, see Skinny Mixes’ Privacy Policy, a copy of which can be found at the following link: https://privacy.skinnymixes.com/privacy-policy. 

  1. Dispute Resolution 

Participant and Skinny Mixes mutually agree that any controversy or claim arising out of or relating to the Contest shall be settled by arbitration by the use of a private, single arbitrator chosen in Skinny Mixes’ sole discretion. The sole and exclusive location for arbitration of any controversy or claim arising out of or relating to this Agreement shall take place in Florida.  The arbitrator shall award reasonable costs and attorney fees to the prevailing party.  Participant and Skinny Mixes further mutually agree as follows: (1) that all disputes, causes of action, and claims connected to or arising in any way hereunder between the parties shall be resolved solely on an individual basis (i.e., class actions suits are hereby waived by the parties); (2) that the laws of the State of Delaware shall govern, without regard to its conflict of laws principles; and (3) that the parties hereto waive any right to a trial by jury.