SIMPLYPROTEIN™ & LOCA FOOD™ PLANT-BASED SNACKING SWEEPSTAKES

Official Rules

1. Eligibility: Plant-Based Snacking (the “Sweepstakes”) is open to legal U.S. residents of the 50

United States and the District of Columbia (“U.S.”), who are located in the U.S. and are at least

eighteen (18) years of age or older (19 in Alabama and Nebraska; 21 in Mississippi) at the time

of entry. The Sweepstakes is governed by U.S. law and is subject to all applicable federal, state

and local laws and regulations. Officers and directors of Sponsor and its respective parents,

affiliates, subsidiaries, advertising, promotion agencies, and such employee’s immediate family

members and/or those living in the same household are not eligible to participate. Void where

prohibited. Winning a prize is contingent upon fulfilling all requirements set forth herein.

2. Timing: The Sweepstakes begins on June 27, 2019 at 9:00:00 a.m. Pacific Standard Time (“PST”)

and ends on July 4, 2019 at 11:59:59 p.m. Pacific Standard time (the “Sweepstakes Period”).

Instagram servers are the official time-keeping devices for the Sweepstakes.

3. Agreement to Official Rules: Participation constitutes entrant’s unconditional agreement to

these Official Rules and Sponsor’s decisions, which are final and legally binding in all respects.

4. How to Enter: During the Sweepstakes Period, you may enter by liking the post, following

@SimplyProtein and @EatLocaFood, and tagging 2 friends in the comments section of the post

on Instagram. Likes, follows, and comments must occur during the Sweepstakes Period. For

purposes of the Sweepstakes, “receipt” of an Entry occurs when you post a comment on the

post on Instagram (collectively an “Entry”).

Limit one (1) Entry per person. You may enter the Sweepstakes under one name and one

Instagram profile only. Enter using only an Instagram account subscribed and registered in your

name. If you submit more than the stated number of entries, only your first Entry will be

considered and, in the case of multiple entries, you may, at the sole discretion of Sponsor, be

disqualified from the Sweepstakes. In the event of a dispute about entries submitted by multiple

individuals using the same Instagram account, Entry will be deemed to have been submitted by

the authorized subscriber of the Instagram account used to enter the Sweepstakes at the actual

time of Entry. The authorized Instagram account subscriber is deemed to be the natural person

who is assigned an Instagram account by an Internet-access provider, online-service provider, or

other organization that is responsible for assigning Instagram accounts or the domain associated

with the submitted Instagram account. Entries generated through a third-party Sweepstakes

club site or similar method, or those generated by script, macro, robotic, programmed, or any

other automated means are prohibited and will be disqualified.

Your Entry may not be indecent, obscene, hateful, tortious, defamatory, or libelous or contain

material that violates or infringes another’s rights, or disparage Sponsor or any other person or

party affiliated with this Sweepstakes, or contain material that is unlawful in any way. Sponsor

reserves the right to disqualify any Entry that it finds unlawful, or in violation of these Official

Rules, all in its sole discretion. Submitting an Entry to the Sweepstakes constitutes participant’s

consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use,

reproduce, modify, publish, create derivative works from, and display the Entry in whole or in

part, on a worldwide basis, and to incorporate it into other works, in any form, media or

technology now known or later developed, including for promotional or marketing purposes. If

requested, participant shall sign any documentation required for Sponsor or its designees to

make use of the non-exclusive rights entrant is granting through its Entry.  

Each entrant represents and warrants that the Entry and all elements thereof are the original

creations of that entrant; have not been copied in whole or in part from any other entity, and do

not violate or infringe any copyright, trademark, or other proprietary right of any person or

entity.  

By submitting an Entry or accepting any prize, entrants understand and agree (and agree to

confirm in writing) that Sponsor is granted a world-wide, unlimited, irrevocable royalty-free

license in and to all Entry materials in whole or in part (including any copyrights and derivative

works and concepts or ideas depicted therein) in perpetuity. The Entry, in whole or in part, may

be edited, modified, adapted, published, reproduced, and used commercially by Sponsor for any

purpose and in any media whatsoever during the license term, without further compensation or

review and will not be returned. Entrants assume all risk of lost, late, misdirected, incomplete,

or illegible entries. Entries, in whole or in part, that are, in Sponsor’s sole judgment,

inappropriate, noncompliant, or are in any other respect unsuitable will not be considered.

Sponsor reserves the right, at its sole and absolute discretion, to refuse, disqualify, or withdraw

any Entry and/or entrants at any time during the Sweepstakes. In the event the Entry or any part

thereof is found at any time to plagiarize or otherwise contain third party property, the Sponsor

will disqualify the entrant and, if previously adjudged a winner, will require prize forfeiture and

return.

5. Winner Selection/Prizes/Odds: Four (4) winners (the “Prize Winner”) will receive a prize pack

consisting of one (1) SimplyProtein Complete Variety Pack and two (2) packages of Loca plant-

based cheese style dip (total prize approximate retail value $62.00). Promotion is only valid

while supplies last.

Winner is responsible for any and all local, state and/or federal taxes, as well as any other costs

and expenses not specified herein as being awarded. Prize will be awarded only if the potential

prize winner(s) fully complies with the Official Rules. Prizes are non-assignable and non-

transferable and have no cash value. Sponsor reserves the right in its sole discretion to

substitute prize(s) of comparable value if any prize listed is unavailable, in whole or in part, for

any reason.

6. Winner Notification: The Prize Winner will be notified with direct message (“DM”) on

Instagram. Sponsor shall have no liability for any potential prize-winning notification that is lost,

intercepted or not received by any potential winner for any reason. If, despite Sponsor’s

reasonable efforts, the potential Prize Winner does not response to the DM by July 9, 2019, he

or she will automatically forfeit his or her prize and an alternate winner may be selected. If any

potential Prize Winner is found to be ineligible, or if he or she has not complied with these

Official Rules or declines a prize for any reason prior to award, such potential Prize Winner will

be disqualified, and an alternate Prize Winner may be selected.  General Prize

Restrictions/Conditions: By entering, each entrant agrees for entrant and for entrant’s heirs,

executors, and administrators (A) to release and hold harmless, Instagram, Atkins Nutritionals,

Inc. for the SimplyProtein brand, and their respective officers, directors, and employees

(collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or

damage that may occur, directly or indirectly, whether caused by negligence or not, from such

entrant’s participation in the Sweepstakes and/or his/her acceptance, possession, use, or

misuse of any prize or any portion thereof; (B) that Released Parties have neither made nor are

in any manner responsible or liable for any warranty, representation or guarantee, express or

implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s

quality or fitness for a particular purpose; and (C) to be bound by these Official Rules and to

waive any right to claim any ambiguity or error therein or in the Sweepstakes itself, and to be

bound by all decisions of the Sponsor, which are binding and final. Failure to comply with these

conditions may result in disqualification from the Sweepstakes at Sponsor’s sole discretion.

7. Publicity Release: Except where prohibited, participation in the Sweepstakes constitutes each

recipient’s consent to Sponsor’s use of recipient’s name, likeness, photograph, voice, opinions

and/or hometown and state for promotional purposes in any media, worldwide, in perpetuity,

without further payment or consideration, and entrant releases Sponsor from all claims arising

out of the use of such information.

8. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the

Sweepstakes, or any part of it, if any fraud, technical failures, human error or any other factor

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 registration process or the operation of the Sweepstakes or to be

acting in violation of these Official Rules or any other promotion 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.  Any information you provide in connection with the

Sweepstakes may be used in accordance with Sponsor’s Privacy Policy. Entry into Sweepstakes

constitutes acceptance of these Official Rules and Sponsor’s Privacy Policy, which can be found

here https://www.atkins.com/privacy-policy.

9. Limitations of Liability: Sponsor is not responsible for, and entrant hereby releases Sponsor

from any claims arising from: (i) technical failures of any kind, including but not limited to the

malfunctioning of any computer, cable, network, hardware or software; (ii) the unavailability or

inaccessibility of any transmissions or telephone or Internet service; (iii) unauthorized human

intervention in any part of the Entry process or the Sweepstakes; (iv) electronic or human error

which may occur in the administration of the Sweepstakes or the processing of entries; (v) any

injury or damage to persons or property, including but not limited to entrant’s computer,

hardware or software, which may be caused, directly or indirectly, in whole or in part, from

entrant’s participation in the Sweepstakes and/or receipt or use of misuse of any prize. The

Sponsor reserves the right to cancel, modify, or suspend this Sweepstakes at any time.

10. Disputes: Except where prohibited, entrant agrees that: (1) 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, and exclusively by the

appropriate federal or state court of Colorado; (2) 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 (3) unless otherwise prohibited, under no

circumstances will entrant be permitted to obtain awards for, and entrant hereby waives 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. 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 Colorado, without giving effect to any choice of law or

conflict of law rules (whether of State of Colorado or any other jurisdiction), which would cause

the application of the laws of any jurisdiction other than the State of Colorado.

11. Winners List: To obtain the name of the Prize Winners, send a self-addressed stamped envelope

to: SimplyProtein Plant-Based Snacking Sweepstakes, 1225 17th Street, Suite #1000, Denver CO

80202. All such requests must be received by 07/31/19.