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Platinum Challenge

Official Rules

OPEN ONLY TO ELIGIBLE LEGAL RESIDENTS OF THE 50 UNITED STATES (EXCEPT COLORADO AND U.S. STATES WHERE PROHIBITED OR RESTRICTED BY LAW) AND DISTRICT OF COLUMBIA WHO, AS OF THE TIME OF ENTRY, ARE AT LEAST 18 YEARS OLD.

VOID IN COLORADO, PUERTO RICO AND WHERE PROHIBITED OR RESTRICTED BY LAW.

1. Eligibility
The Platinum Challenge (the “Challenge”) is open only to an individual who is (i) eighteen (18) years of age or older at the time of entry and (ii) a legal resident of the 50 United States (except Colorado and U.S. states where prohibited or restricted by law) or the District of Columbia. Void in Colorado, Puerto Rico and prohibited or restricted by law. The following individuals are not eligible to enter or win a prize: employees, contractors, representatives, agents, directors, and officers of Platinum Performance, Inc. (“Sponsor”) and its parent, subsidiary, or affiliated companies, marketing agencies, and any other parties involved in the administration of the Challenge (Sponsor, collectively with the foregoing, the “Challenge Parties”) and each of the immediate family members of such excluded individuals (i.e., spouses, parents, children, siblings and the “steps” of each) and all persons living in the same household of each. By participating in this Challenge, entrants agree to be bound by these official rules (“Official Rules”) and by the decisions of the Sponsor and any Judges appointed by Sponsor in all matters relating to the Challenge.

2. Challenge Period
The Challenge begins at 12:00:00 am PT on Thursday March 15, 2017, and continues until Sponsor discontinues the Challenge (the “Challenge Period”). Sponsor’s computer is the official time keeping device for the Challenge.

3. How to Enter
Step 1: Login to your Platinum Performance account (or create a free account at www.platinumperformance.com if you do not already have one).

Step 2: Register your horse at www.platinumperformance.com/platinum-challenge and complete the requested information and take and upload a picture of your horse.

Step 3: Purchase a 25-lb bucket of Platinum Performance Equine or Platinum Performance CJ and feed the formula to your horse for the next 90 days.

Step 4: Take three pictures of your horse: once after feeding the formula as directed for 30 days, once after 60 days, and once after 90 days. Write a story in 500 words or less describing the changes that you have noticed in your horse since your horse began using either the Platinum Performance Equine Wellness or Platinum Performance CJ formula.

All four steps described above must be completed to be deemed an eligible entry into the Challenge.

Each participant may enter as many horses as he or she would like to enter. However, each horse may only be entered once. If more than one entrant submits an entry for the same horse, only the first entrant to submit an entry for the horse will qualify. All eligible entries that have not previously been selected to win are automatically entered for judging in the following month.

Submissions must not: contain content that violates or infringes another’s rights, including, but not limited to, privacy, publicity or intellectual property rights; disparage Sponsor, or any other person or party affiliated with the promotion and administration of this Challenge; contain personally identifiable information; contain material that is inappropriate, indecent, lewd, pornographic, obscene, hateful, tortious, defamatory, slanderous or libelous, as determined by Sponsor in its sole discretion; or contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where entry is created.

Compliance with the entry requirements will be determined by Sponsor in its sole discretion. Submissions that violate, as determined by the Sponsor, in its sole discretion, these entry requirements or do not meet the submission deadlines will be disqualified from the Challenge.

4. Winner Selection and Notification
Beginning June 2017, one (1) winner will be selected at the end of each month during the Challenge Period until the Challenge ends from all eligible entries received. Judging will be conducted by Sponsor representatives, whose decisions shall be final and binding on all matters relating to the Challenge. Eligible entries will be judged and rated according to the following criteria:

  • Best Show of Platinum Performance Spirit: 50%
  • Clarity of Photos: 30%
  • Quality of Photo Composition: 20%

In the event of a tie, a Sponsor representative not previously involved in the judging will judge and rate the tied submissions according to the same criteria as stated above to break the tie. The decisions of the judges are final and binding.

The winner will be deemed the individual named on the Platinum Performance account used to enter the horse. Sponsor will notify the winner within one week after the end of each month by a message sent to the e-mail address registered to the winner’s Platinum Performance account.

5. Prizes and Prize Claim
Each month a winner is selected, one (1) winner will have the choice of selecting one of the following two options as a prize: (i) one (1) 25-lb bucket of Platinum Performance Equine, with an approximate retail value (“ARV”) of $148 or (ii) one (1) 25-lb pound bucket of Platinum Performance CJ with an ARV of $366.

The total ARV of all prizes offered during the Challenge varies depending on the type of feed selected by the winners and the duration of the Challenge.

Winners are subject to verification, including verification of age and residency. The prizes are non-transferable and no prize substitution is permitted, except at the sole discretion of the Sponsor. If a prize cannot be awarded for any reason, Sponsor reserves the right in its sole discretion to substitute a prize with one of comparable or greater value.

Each winner is solely responsible for all federal, state, local, or other applicable taxes associated with the acceptance and use of a prize. All costs and expenses associated with prize acceptance and use not specifically provided herein are the responsibility of each winner.

If a winner (i) is determined to be ineligible or (ii) fails to respond to the initial message regarding prize winning within one (1) week of notification or after three (3) attempts (whichever occurs first), the winner forfeits the prize in its entirety and an alternate winner will be announced based upon the eligible entry that received the next highest score.

Sponsor will pay for the cost of mailing the prizes to the winners. Each winner’s prize will be mailed to the address provided by the winner at the time of entry. The method of shipping and the carrier will be determined in the sole discretion of Sponsor.

6. Limitation of Liability
By participating in the Challenge or accepting a prize, entrants agree that the Challenge Parties are not responsible for lost, late, misdirected, damaged, stolen, altered, garbled, incorrect, incomplete or delayed entries; all of which will be void. Challenge Parties are also not responsible for problems related to unauthorized human intervention or for technical malfunctions of electronic equipment, computer online systems, servers, or providers, computer hardware or software failures, phone lines, traffic congestion on the internet or any website, or for any other technical problems including telecommunication, miscommunication or failure, and failed, lost, delayed, incomplete, garbled, or misdirected communications, which may prevent the receipt of an entry or otherwise limit an entrant’s ability to participate in this Challenge. Challenge Parties are not responsible for any other errors or malfunctions of any kind, whether network, printing, typographical, human or otherwise relating to or in connection with the Challenge, including, without limitation, errors or malfunctions which may occur in connection with the administration of the Challenge, the processing of entries, the announcement of the prize or in any Challenge-related materials. As a condition of entering, entrants agree (and agree to confirm in writing if requested by a Sponsor) that to the fullest extent permitted by applicable law: (a) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, indirect, special, exemplary, or consequential damages and (b) that any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs.

7. LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT A PARTICIPANT, TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THIS CHALLENGE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

8. Sponsor’s Reservation of Rights
If the Challenge is not capable of running as planned for any reason, including without limitation, due to a force majeure event or infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Challenge, Sponsor reserves the right, at its sole discretion, to disqualify any individual who is responsible or who tampers with the entry process or otherwise acts in violation of these Official Rules, and to cancel, modify, or terminate the Challenge. In the event of cancellation, Sponsor reserves the right to select an alternate winner from all eligible, non-suspect entries received prior to cancellation. In the event that an entry is confirmed to have been erroneously deleted, lost or destroyed, entrant’s sole remedy shall be another entry into the Challenge.

9. Governing Law and Jurisdiction
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of the Sponsor in connection with the Challenge, shall be governed by, and construed in accordance with, the laws of State of California, without giving effect to any choice of law or conflict of law rules. By entering, you consent to the jurisdiction and venue of the state and local courts located in Santa Barbara County, California, and the federal courts located in the Central District of California for the resolution of all disputes, and agree that any and all disputes shall be resolved exclusively in those courts. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. If any provision of these Official Rules is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.

10. Publicity
Except where prohibited by law, by accepting a prize, each winner hereby grants Sponsor and its agents a worldwide, irrevocable, royalty-free, non-exclusive and sub-licensable right and license to use, distribute, and publicly display the winner’s name, likeness, and entry submissions in any way, at any time, in an and all media, including for use in advertising and marketing, without limitation, without any additional approval or consideration.

11. Privacy
Any personally identifiable information collected during an entrant’s participation in the Challenge will be collected and used by Sponsor and its designees for the proper administration and fulfillment of the Challenge and as otherwise described in accordance with Sponsor’s privacy policy available at http://www.platinumperformance.com/privacy-policy. Entrants’ e-mail addresses will be used to send entrants newsletters regarding Sponsor’s products and other information which may be of interest to entrant. If entrant agrees to be contacted by phone, Sponsor may also contact entrant using the phone number submitted in the entry form to discuss Sponsor’s products and other information, which may be of interest to entrant.

12. Winners List
For the names of the winners, send an e-mail to clients@platinumperformance.com or call 800-553-2400. Requests must be received no later than sixty (60) days after the end of the Challenge Period.

13. Sponsor
Platinum Performance, Inc., 90 Thomas Road, Buellton, CA 93427.

142913422 v2 - Updated 3/14/2017