NO PURCHASE NECESSARY TO ENTER OR WIN. This promotion is in no way sponsored, endorsed or administered by, or associated with Instagram.
1. Eligibility: The X2 Performance 4-Pack Giveaway Sweepstakes (the “Sweepstakes”) is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry. Employees and directors of Advanced Bio Development, Inc. / X2 Performance and its parent, subsidiaries, affiliates, partners, advertising/promotion agencies, manufacturers or distributors of sweepstakes materials, and members of the immediate family (spouse, parents, siblings and children) and household of each such employee, are not eligible to enter. Subject to all applicable federal, state and local laws and regulations. Void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’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.
2. Entry Period: The Sweepstakes begins May 13, 2021 at 9:15 a.m. Eastern Time (“ET”) and ends May 19, 2021 at 11:59 p.m. ET ("Entry Period"). Administrator’s computer is the official time-keeping device for the Sweepstakes.
3. How to Enter:
1. Follow @X2Performance on Instagram
2. Like Giveaway or Reminder Post on @x2performance Instagram
3. Tag up to (3) friends in the Comment section of the Giveaway or Reminder post on @X2Performance Instagram for up to (3) additional entries
4. Winner Selection and Notification: Administrator will randomly select Prize Winner from all eligible entries received during the Entry Period. Prize Winner will be notified via Direct Message on or about 5/26/21. If a potential Prize Winner does not reply to the Administrator’s initial Direct Message within seventy-two (72) hours of the initial notification attempt, the potential Prize Winner will be disqualified and forfeits any right to the prize. Potential Prize Winners must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. In the event that a potential Prize Winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries from the applicable Entry Period.
5. Prize: Fifty (50) Winners will receive a 4-Pack of X2 Endurance Energy Drinks. Total ARV of All Prizes: $475. Sponsor will not award the cash equivalent of or any substitution for any prize and the right to receive a prize is not transferable, except in Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason.
6. Release: By participating in the Sweepstakes or receiving any prize, entrants and winners agree to release and hold harmless Sponsor and its parent, subsidiary and affiliated companies, partners, suppliers, distributor, administrator and advertising/promotion agencies, and each of their successors, and the officers, directors, employees and agents of each of the foregoing (collectively, the “Released Parties”), from and against any and all claims and cause of action arising out of the operation of the Sweepstakes, participation in the Sweepstakes, Sponsor’s exercise of any rights granted to it herein and/or the receipt, delivery, non-delivery, use or misuse of any prize, including, but not limited to, all claims and causes of action based on (a) any actual or alleged personal injury, death, or damage to or loss of property or (b) defamation or any violation of the rights of privacy or publicity. Sponsor is not responsible or liable if the Sweepstakes cannot take place as anticipated or if any prize cannot be awarded due to acts of God, acts of war, natural disasters, weather, acts of terrorism or other acts beyond the reasonable control of Sponsor.
7. Publicity: Except where prohibited by law, participation in the Sweepstakes constitutes winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, statements, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further notice, payment or consideration.
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 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. In such event, Sponsor reserves the right to award the prizes at random from among the eligible entries received up to the time of the impairment. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry 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. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
9. Limitations of Liability: The Released Parties 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 entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (5) any loss of entrant information and/or entries; or (6) 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, (7) any damages or losses of any kind, including direct, indirect, incidental, consequential or punitive damages arising out of your access to and use of the Site and/or participating in the Sweepstakes, downloading from and/or printing material downloaded from any websites associated with the Sweepstakes.
If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, provided that if it is not possible to award another entry due to discontinuance of the Sweepstakes, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
WITHOUT LIMITING THE FOREGOING, THIS SWEEPSTAKES AND ALL PRIZES ARE PROVIDED "AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
10. Disputes; Governing Law: Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (b) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate New Jersey State Court located in Bergen County, New Jersey; (c) 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 (d) and entrant hereby waives all rights to claim any 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 New Jersey without giving effect to any choice of law or conflict of law rules (whether of the State of New Jersey or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New Jersey.
11. Sponsor: Advanced Bio Development, Inc. / X2 Performance, 270 Sylvan Ave., Suite 2230, Englewood Cliffs, NJ 07632
12. Administrator: Concept One Communications (“Administrator”), 1 Turkey Hill Road South, Westport, CT 06880.