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The SAM-E Complete® Monthly Contest Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN.  A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

AS MORE FULLY DETAILED BELOW, EACH WINNER MAY BE REQUIRED TO COMPLETE AND EXECUTE A RELEASE AND PRIZE ACCEPTANCE AGREEMENT.  EXCEPT AS OTHERWISE PROVIDED IN THESE OFFICIAL RULES, ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION, AS MORE FULLY EXPLAINED BELOW.

BY ENTERING, YOU AGREE THAT YOUR ENTRY MAY BE POSTED PUBLICLY ONLINE AND USED AS MORE FULLY EXPLAINED BELOW.  SPONSOR (DEFINED BELOW) RESERVES THE RIGHT TO CONTACT PARTICIPANTS REGARDING THEIR PARTICIPATION IN THIS CONTEST.

1.  HOW TO ENTER. The SAM-e Complete® Monthly Contest (“Contest”) begins at 10:00:00 a.m. Eastern Time (“ET”) on the start date stated in the blog posting on www.sam-e.com/talk (“Web Site”) that invites users to enter the Contest (“Contest Blog Post”) and ends at 9:59:59 a.m. ET on the date stated in the Contest Blog Post. (“Contest Period”).  The Contest Blog Post will ask users to reflect upon the benefits of SAM-e Complete® and post those reflections in a Comment (defined below) on the Web Site in the manner detailed below.  At Sponsor’s sole discretion, Comments about depression will not be posted and will not be eligible to win.

To enter, eligible individuals (see Section 2 below for eligibility requirements) must visit the Web Site and open the then current Contest Blog Post and  follow the instructions in the Contest Blog Post to complete and submit the comment form in the space provided at the bottom of the current month’s Contest Blog Post during the Contest Period (“Comment”).  Each Comment must include a valid e-mail address.  Posting a Comment is free.  A submitted Comment that complies with these Official Rules will receive one (1) entry into the Contest (“Entry”).  Limit of one (1) Entry may be obtained per person and per e-mail address during each Contest Period.  Although a user may make subsequent comments on  the Web Site and to the Contest Blog Post, only the first Comment received from a particular person or e-mail address that complies with these Official Rules will count as an Entry and that is the Entry that will be judged.  The Web Site’s database clock will be the official timekeeper for this Contest.  Entries must be received by Sponsor during the Contest Period to be considered for that Contest Period.  For purposes of this Contest, an  Entry is “received” when the Web Site’s servers record the Entry information.  Proof of sending (such as an automated computer receipt confirming submission or a “thank you” message or screen) does not constitute proof of actual receipt of a Comment for purposes of this Contest.  Entrants who do not abide by these Official Rules, follow the instructions provided in the Contest Blog Post or received from Pharmavite LLC (“Sponsor”), or fill in all of the required fields on the comment form will be disqualified. Entries will not be acknowledged  and, in fact, may be destroyed.  Entries that are forged, altered, garbled or generated by a macro, bot, or other automated means will not be accepted and will be void. Entries made by any other individual or any entity, and/or originating at any other web site or e-mail address, including, without limitation, commercial contest or sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Contest.

Entries received during the Contest Period will be judged from among all other Entries received during that same Contest Period as more fully detailed in Section 4 below.  Entries from the Contest Period do not roll over into any other contest or Contest Period, if any. 

2.  ELIGIBILITY: The Contest is open only to legal residents of any one (1) of the fifty (50) United States or the District of Columbia and who are at least the age of majority in their state of primary residence on the entry date.  Employees, officers, managers, and directors of the Sponsor, its parent, division, affiliates, subsidiaries, prize providers, advertising agencies or promotional partners associated with this Contest (collectively, with Sponsor, the “Contest Entities”), and relatives of and those living in the same household as such individuals are not eligible to enter or win a prize. For the purpose of this Contest, relatives are defined as spouse, mother, father, in-laws, grandmother, grandfather, brother, sister, children and grandchildren. Void where prohibited.

3.  REQUIREMENTS FOR ENTRY:

All Entries must meet the following requirements in Sponsor’s sole discretion or they will be disqualified:

Sponsor reserves the right in its sole discretion to disqualify from the Contest and/or remove from the Web Site any Entry or Comment that, in its sole discretion, refers, depicts, or in any way reflects negatively upon a Contest Entity, the Contest, or any other person or entity or does not comply with these requirements or these Official Rules.

4.  SELECTION OF WINNERS: Within ten (10) days after the end of each Contest Period, all eligible Entries received for that Contest Period will be reviewed by a Sponsor-selected panel of three (3) judges (the “Panel”) by applying the three (3) criteria detailed below to determine the winners.  Ten (10) winners will be chosen by the Panel for each Contest Period.  Approximately two (2) days after the winners are chosen by the Panel, those winners will be notified that they may have won a prize in this Contest (subject to Sponsor’s verification procedures) through the e-mail addresses submitted in the comment forms for the winning Entries. If a potential winner does not respond according to the instructions contained in the notification e-mail, including, without limitation, by providing winner’s valid U.S. mailing address to receive the prize won within seven (7) days of the date Sponsor sent the notification, the prize may be forfeited and an alternate winner selected in Sponsor’s sole discretion.  Prizes will only be mailed to addresses in one (1) of the fifty (50) United States or the District of Columbia.  Each winner may be required to sign and return an affidavit of eligibility and liability/publicity release, at Sponsor’s sole discretion (unless prohibited by law), within the time frame specified by Sponsor or its agent.  In the event of noncompliance with these requirements, the prize may be forfeited. The affidavit of eligibility and liability/publicity release are subject to verification by Sponsor. If any prize, prize notification or Contest-related communication is rejected, faulty or returned as undeliverable, or except as otherwise stated herein, if a winner cannot be reached after a reasonable attempt has been made by Sponsor (as determined by Sponsor in its sole discretion), that winner may be disqualified and an alternate winner may be selected based on the judging criteria.  All judges on all Panels in this Contest will use the following criteria when reviewing the entries: (1) how clearly and effectively the Entry message is conveyed on a scale from one to ten (30%);  (2) creativity of the Entry on a scale from one to ten (30%); and (3) relevance to the subject of the Contest Blog Post on a scale from one to ten (40%). The scores from all of the judges on the Panel will then be added together for each Entry.  The top ten (10) scores will be the winning Entries.  If there is a tie, the tied Entries will be re-reviewed by a fourth Sponsor-selected judge to determine the winning Entry.  If there is still a tie after the fourth judge has judged the Entries using the original judging criteria, the still-tied Entries will be re-reviewed by a fifth Sponsor-selected judge to determine the winning Entry using the original judging criteria.  All Panel decisions are final.  Sponsor reserves the right to contact participants during the selection process for verification purposes.

5.  PRIZE:  Each of the ten (10) winners per Contest Period, subject to verification, will receive a six (6) month supply of Nature Made® SAM-e Complete® (consisting of six (6) boxes of thirty-six (36) SAM-e Complete® 400mg capsules).  Total approximate retail value of the prizes per Contest Period: $2,340.  Please allow 4 to 6 weeks for prize shipment or confirmation from Sponsor that you are a winner. 

If legitimately claimed, the prize will be awarded.  All federal, state and local taxes, as well as any expenses not specified in these Official Rules as being provided as part of the prize, are the sole responsibility of each winner.  Sponsor will not replace any lost, mutilated or stolen prize.  If a winner does not accept the entire prize, the unaccepted prize will be forfeited and Sponsor will have no further obligation with respect to that prize.  Sponsor is not responsible for any inability of any winner to accept or use any prize (or portion thereof) for any reason.  No transfers, prize substitutions or cash redemptions will be made, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute the stated prize or portion thereof with another prize or portion thereof of equal or greater value for any reason, including, without limitation, prize unavailability.  No more than the stated prize will be awarded.

6.  LICENSE:  By entering, except where prohibited by law, each participant grants to the Promotion Entities and their agents and assigns in perpetuity the irrevocable, sublicensable, absolute right and permission to use, edit, modify, cut, rearrange, add to, delete from, copy, reproduce, translate, separate, dub, adapt, publish, combine with other material, reuse, adapt, and exploit the content of and elements embodied in the Entry, entries, and the entries themselves, in any and all media, including but not limited to digital and electronic media, computer, audio and audiovisual media (whether now existing or hereafter devised), in any language, throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further review, notice, approval, consideration, or compensation. Each participant agrees that the licensed entities may, but are not required to, attribute the Entry to a participant. Each participant waives and releases the Released Parties (defined in Section 7 below) from any and all claims that participant may now or hereafter have in any jurisdiction based on “moral rights” or “droit moral” or unfair competition with respect to the Released Parties’ exploitation of entries without further notification or compensation to participants of any kind, and agrees not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Released Parties and each of their affiliates, licensees, or any other person in connection with this Promotion, on the grounds that any use of any entry, or any derivative works, infringe or violate any of participants rights therein.

Each participant acknowledges and agrees that nothing in these Official Rules will require a Promotion Entity to use the Entry in part or in whole or to include the Entry in any Promotion Entity-related property, including, without limitation, the Web Site.  Each participant hereby acknowledges and agrees that the relationship between the participant and any of the Released Parties is not a confidential, fiduciary, or other special relationship, and that the participant’s decision to submit his/her Entry for purposes of the Promotion does not place any of the Released Parties in a position that is any different from the position held by members of the general public with regard to elements of the Entry, other than as set forth in these Official Rules.  Each participant understands and acknowledges that Sponsor has wide access to ideas, stories, designs, and other literary materials.  Each participant also acknowledges that many ideas may be competitive with, similar to, or identical to his/her Entry and/or each other in theme, idea, format, or other respects.  Each participant acknowledges and agrees that such participant will not be entitled to any compensation as a result of Sponsor’s use of any such similar or identical material that has or may come to Sponsor from other sources.  Each participant acknowledges and agrees that Sponsor does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the participant’s copyright in and to his/her Entry.  Each participant acknowledges that, with respect to any claim by participant relating to or arising out of Sponsor’s actual or alleged exploitation or use of any Entry or other material submitted in connection with the Promotion, the damage, if any, thereby caused to the applicable participant will not be irreparable or otherwise sufficient to entitle such participant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition, or other exploitation of any Sponsor commercial or any other production based on or allegedly based on the Entry, and participant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.

7.  LIMITATION OF LIABILITY: EACH PARTICIPANT AGREES TO RELEASE, HOLD HARMLESS AND INDEMNIFY THE CONTEST ENTITIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF EACH AND EACH JUDGE ON THE SELECTION PANEL (collectively “RELEASED PARTIES”) FOR ANY LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE USE, ACCEPTANCE, POSSESSION, USE, MISUSE OR AWARDING OF ANY PRIZE, WHILE PREPARING FOR, PARTICIPATING FOR, PARTICIPATING IN AND/OR TRAVELING TO OR FROM ANY PRIZE - OR CONTEST-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS OR ACCIDENT TO PERSON OR PROPERTY.  EACH WINNER AGREES THAT THE PRIZE IS PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

BY PARTICIPATING IN THE CONTEST, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW IN ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

8.  ADDITIONAL DISCLAIMERS: Released Parties are not responsible and/or liable for any of the following, whether caused by Sponsor, the participant or by human error: any lost, late, incomplete, illegible, mutilated, or misdirected Entries or other Comments, e-mail or mail or postage-due mail; any error, omission, interruption, defect, or delay in transmission or communication; viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; errors, typos or misprints in these Official Rules, in any Contest-related advertisements or other materials; failures of electronic equipment, computer hardware or software; lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications or entry information.  Released Parties are not responsible for electronic communications which are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in participant’s e-mail account to receive e-mail messages.  Released Parties are not responsible, and may disqualify you, if your e-mail address does not work or if it is changed without prior written notice to Sponsor.

Released Parties will not be liable to participants or any other person for failure to proceed with the Contest at any stage or failure to provide a prize or any part thereof, due to any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond Released Parties’ sole control.

9.  GENERAL RULES: By entering the Contest (except where prohibited by law), participants consent to the use of their names, pictures, likenesses, voices, biographical data, the contents of their Entry and any other Comments, and any information contained in their Entry and any other Comments, or statements or comments related to the Contest or Sponsor, in advertising, promotion and marketing materials throughout the world, including on the Internet, by the Sponsor, its promotional partners and third-party marketing entities, without additional compensation, notice, review, or approval. Sponsor’s decisions will be final in all matters, including interpretation of these Official Rules and awarding of any prize.  All participants, as a condition of entry, agree to be bound by these Official Rules and the decisions of Sponsor.  Failure to comply with these Official Rules may result in disqualification from this Contest.  Participants further agree to not damage or cause interruption of the Contest and/or prevent others from using the Contest. Sponsor reserves the right, in its sole discretion, to void entries of any participants who Sponsor believes have attempted to tamper with or impair the administration, security, fairness or proper play of this Contest.  Sponsor’s’ failure to enforce any provision in these Official Rules will not constitute a waiver of that or any other provision. If the Contest is not capable of running as planned for any reason (including, without limitation, due to an event of force majeure), Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Contest.  Any participant who supplies false information, obtains Entries by fraudulent means or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any prize will forfeit any prize won and may be prosecuted to the full extent of the law. In the event of a dispute concerning who submitted an Entry and the dispute cannot be resolved to Sponsor’s satisfaction, the Entry will be deemed ineligible.  CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEB SITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE CONTEST VIOLATES CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT AND MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.

10.  RESOLUTION OF DISPUTES/GOVERNING LAW.  All disputes between a participant and Sponsor in connection with this Contest shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any principles of conflicts of law.  Any and all disputes and claims relating to this Contest shall be resolved by submission to arbitration under the Commercial Arbitration Rules of the American Arbitration Association and by entering the Contest, all participants expressly waive the right to trial by jury.  The arbitration shall be conducted in Los Angeles County, California, in the English language by three arbitrators appointed in accordance with the Commercial Arbitration Rules.  Each party shall pay one-half of the costs of the arbitration, and participants shall be responsibility for their own attorney’s fees.  Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. Any provision of applicable law notwithstanding, the arbitrators shall not have authority to award punitive or exemplary damages.  The dispute and claims and arbitration proceedings shall at all times be kept confidential except to the extent necessary to enforce or collect the arbitration award.  Each participant agrees that any action at law or in equity relating to the arbitration provision of these Official Rules shall be filed only in the state or federal courts located in Los Angeles County, Los Angeles, and hereby consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such action.  If any provision of these Official Rules shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions. Sponsor’s failure to insist upon or enforce strict performance of any provision of these Official Rules shall not be construed as a waiver of any provision or right. No waiver of any term or condition of these Official Rules shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

BY PARTICIPATING IN THE CONTEST, EACH PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED TWO HUNDRED THIRTY FOUR DOLLARS ($234.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED TWO HUNDRED THIRTY FOUR DOLLARS ($234.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) PARTICIPANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVE ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO ALL PARTICIPANTS.

11.  WINNER’S LIST/OFFICIAL RULES. To find out who won, check the Web Site approximately thirty (30) days after the end of the Contest Period or send your request specifying the applicable Contest Period for which you are inquiring and a legal-size, self-addressed, stamped envelope no later than three (3) months following the end of the Contest Period to: Sam-e Monthly Contest Winners List Request c/o Ignite Social Media, 14600 Weston Parkway, Suite 100 Cary, NC  27513.  For a copy of these Official Rules, print out these pages or send a legal-size, self-addressed, stamped envelope prior to the end of the Contest Period to: Sam-e Monthly Contest Official Rules Request, c/o Ignite Social Media, 14600 Weston Parkway, Suite 100 Cary, NC  27513. Vermont residents can omit return postage for Official Rules requests.

12.  THE SPONSOR OF THIS CONTEST IS: Pharmavite LLC, 8510 Balboa Blvd., Suite 100, Northridge, CA 91235.