cbdMD 2019 Pro Invitational Sweepstakes Official Rules



1. Eligibility

The cbdMD 2019 Pro Invitational Contest (the "Promotion") is administered by CBD Industries, LLC ("CBDI") and is open to residents of the United States who are age 18 and older in all jurisdictions where receipt of prizes or entry in the Promotion is not prohibited by United States and/or local laws, rules or regulations. This Promotion is only available to residents of the United States. Entries from outside of the United States will be disqualified. Employees of CBDI or any of its respective affiliates, subsidiaries, advertising agencies, participating sponsor or any other company involved with the design, production, execution or distribution of the Promotion and their immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Promotion is 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 CBDI’s decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein. The Promotion consists of a sweepstakes (the "Sweepstakes").

2. Administrator

CBD Industries, LLC, 500 Archdale Drive, Charlotte, NC 28217 is the sole Administrator of the Sweepstakes.

3. Timing

The Promotion begins on Friday, August 16 at 5:45 PM Eastern Time and ends on Monday, August 19 at 11:59 PM (the "Promotion Period"). Administrator's computer is the official time keeping device for this Promotion.

4. How to Enter

Entrants must abide by the rules located on the feed post of cbdMD’s Instagram page posted on Friday, August 16 at http://www.instagram.com/cbdmd.usa. For eligibility, entrants must post a photo to the feed of their personal Instagram account of them using a cbdMD product. In the caption of the post, entrants must mention @cbdmd.usa and include #cbdMD4life. Entrants may make one entry per day on their public Instagram page. (the “Entry”).

Use of any automated system to participate is prohibited and may result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected emails, which will be disqualified. Potential winners may be required to show proof of identity. In the event of a dispute as to the identity of the rightful winner, CBDI will gather proof of identity from the disputing parties and will solely be responsible for choosing the winner. There is no charge for entering as free Internet access is available at many public libraries.

5. Winner Selection

Submissions will be observed and judged by three marketing professionals within CBDI. Judges will provide a ranking using numbers 1-5 (5 being the best) on the categories of photo composition, wording of caption, creativity and uniqueness. Each submission will have a score by tallying the totals of each category, with the highest-scoring photo being the winner of the sweepstakes. The sponsor’s computers and email systems shall be the system of record and the first entry received by Sponsor, without regards to when such email was sent.

6. Verification and Notification of Prize Winner

ALL POTENTIAL SWEEPSTAKES WINNERS ARE SUBJECT TO VERIFICATION BY CBDI LLC WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. Potential Weekly Prize Winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. Winners will be notified via Instagram direct messages. The potential winners must respond within 2 days of his/her name being posted. In addition and as a courtesy, CBDI LLC will also attempt to alert the Prize Winners using the email address provided during the entry process if provided, but CBDI LLC is not responsible for any technical malfunction or undelivered email messages. IT IS YOUR RESPONSIBILITY TO CHECK THE DIRECT MESSAGE ON INSTAGRAM AFTER THE CONCLUSION OF EACH PROMOTION PERIOD TO SEE IF YOU ARE A POTENTIAL PRIZE WINNER. Once the potential winners have been verified to the satisfaction of CBDI LLC, the potential prize winner will be given a waiver and release form to sign, which is a requirement of prize fulfillment, and which, among other things, waives any liability for personal injury and grants CBDI right to publicity in the winner’s name and likeness for all purposes. Refusal to agree to the terms of the waiver and release form shall disqualify a potential prize winner and a new potential prize winner shall be selected. Once the waiver and release are signed, CBDI LLC will arrange for prize fulfillment. If the selected Prize Winners are determined to be ineligible by CBDI LLC, fail to sign the waiver and release, or fail to respond within the required time period, the potential winners forfeit their prizes and are disqualified. Otherwise, the selected potential Prize Winners become the Validated Prize Winners. In the event that potential Prize Winners of a prize are disqualified for any reason, CBDI LLC may in CBDI LLC’s sole discretion randomly select different winners from all remaining eligible entries and repeat the verification process outlined above, donate the forfeited prizes to charity, conduct a new promotion to award the prizes, or rule the specific Promotion to be void.

7. Prizes

A maximum of one prize consisting of an all-expenses paid trip to Charlotte, North Carolina may be awarded. Winner will have housing provided to them on Lake Wylie and will partake in lake activities with athletes sponsored by cbdMD. Winners are responsible for all taxes and fees associated with prize receipt and/or use. Total actual retail value of all prizes will not exceed $2,000.00.

8. Odds of Winning

The odds of winning will depend on the number of entries. Many will enter, one will win.

9. Release

By entering this Sweepstakes, entrant agrees to release and hold harmless Sponsor, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and each of their respective parent companies and each such company's officers, directors, employees and agents (collectively, the "Released Parties") from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Promotion or receipt or use or misuse of any prize. Entrant also agrees to hold harmless Facebook, Instagram, Twitter, or any other social media network used in conjunction with the Promotion of the Contest (Social Media Networks), and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies and Social Media Network’s officers, directors, employees and agents from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Promotion or receipt or use or misuse of any prize.

10. Publicity

Except where prohibited, participation in the Promotion constitutes winners consent to Sponsor's and its agents' use of winner's name, likeness, photograph, voice, opinions, hometown and state, and/or uploaded photo or slide show for promotional purposes in any media, worldwide, without further payment or consideration.

11. General Conditions

Sponsor reserves the right to cancel, suspend and/or modify the Promotion, 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. 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.

12. 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 Promotion; (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 Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; 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 Promotion or receipt or use or misuse of any prize. 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 Promotion, 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 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.

13. Disputes

Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, other than those concerning the administration of the Sweepstakes or the determination of winners, shall be resolved individually, without resort to any form of class action; (ii) 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 North Carolina State Court located in Charlotte, North Carolina; (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 Promotion, shall be governed by, and construed in accordance with, the laws of the State of North Carolina, without giving effect to any choice of law or conflict of law rules (whether of the State of North Carolina or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of North Carolina.

14. Entrant's Personal Information

Information collected from entrants is subject to the CBDI LLC Privacy Policy, which is available at https://www.cbdmd.com/privacy-policy-cookie-restriction-mode