Optimum Nutrition Modern Physique Social Giveaway Terms and Conditions

Official rules for the Optimum Nutrition Modern Physique Social Giveaway.


Official Rules


  1. ELIGIBILITY: The Optimum Nutrition Modern Physique Social Giveaway (the “Giveaway”) is open only to legal residents of the fifty (50) United States and District of Columbia (excluding Puerto Rico, Samoa, Guam, the US Virgin Islands, and any other US territories and protectorates and/or to members of the U.S. military who reside at APO/FPO addresses outside of the U.S.), who are eighteen (18) years of age or older at the time of entry (“Entrant” or “you”). All Entrants must have a publicly viewable Instagram account for the duration of the Giveaway. Membership to Instagram is free. Employees, contractors, members, and agents of Optimum Nutrition, Bodybuilding.com, Liberty Media Corporation (and companies owned by Liberty Media), and members of their immediate family (including spouses, parents, siblings, children and their respective spouses) and persons living in the same household with any such individual are ineligible. Entrants may post multiple Submissions. In order to be eligible, Entrant must follow these Rules. Failure to comply with these Rules may result in ineligibility of Entrant. Giveaway is void where prohibited or restricted by law.

  2. SPONSORS: This Giveaway is sponsored by Bodybuilding.com, LLC located at 5777 N. Meeker Ave., Boise, Idaho 83713 and Optimum Nutrition located at 975 Meridian Lake Drive, Aurora, Illinois 60504 (collectively “Sponsor”). This promotion is not sponsored, endorsed or administered by, or associated with, Instagram.

  3. ENROLLMENT PERIOD: The Giveaway Period begins at approximately 12:01 am MT on January 18, 2016 and ends at approximately 11:59 pm MT on January 21, 2016 (the “Giveaway Period”).

  4. HOW TO ENTER: During the Enrollment Period, Sponsor will post a daily photo or video trainer on their Instagram accounts. Entrant must re-post the video or photo posted by Sponsor through Instagram and tag someone they want to do the trainer with. In addition, Entrant must tag @bodybuildingcom and @optimumnutrition and use #modernphysique (the “Submission”). Entrants may post multiple Submissions. All Submissions must be publicly viewable to be judged for the Giveaway. Entrant acknowledges and agrees that use of Instagram is subject to Instagram’s Terms of Use at http://instagram.com/about/legal/terms/# and any other relevant rules, policies, and regulations.

    Sponsor reserves the right to disqualify any Entrant in their sole discretion. False, deceptive or incomplete entries shall render the Entrant ineligible.

  5. SUBMISSION REQUIREMENTS: Submissions may not contain material which is (or promotes activities which are) in Sponsor's sole discretion, hateful, slanderous, libelous, tortious, sexually explicit, obscene, pornographic, inappropriate, violent, discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal, offensive, threatening, profane, or harassing; or contain material that is threatening to any person, place, business or group.

    By entering into this Giveaway, each Entrant represents and warrants that the Submission does not and will not violate any applicable laws. Without limiting the foregoing, Submission shall not include third party trademarks, logos, insignia, location signage, photographs, artwork, or sculptures, except those of Sponsor. Note: Sponsor reserves the right, in its sole discretion, to disqualify any Submission in the Giveaway if Sponsor views the Submission as potentially infringing, otherwise a violation or potential violation of a third party’s rights, or if it deems the Submission to be lacking in taste or quality, or to be otherwise objectionable. No substitutions of Submissions will be accepted under any circumstances. Submissions will not be returned or acknowledged. Proof of submission is not considered proof of delivery or receipt of such Submission to Sponsor. Neither Sponsor nor Instagram shall have liability for any entry that is lost, intercepted, or not received by Sponsor, for any reason. Any submission not in one of the accepted formats, as applicable, or not posted within the Enrollment Period will be disqualified.

  6. WINNER SELECTION: On or about January 22, 2016, Sponsor shall randomly choose four (4) Runner-Up Selected Entrants (“Runner-Up Selected Entrant(s)”) from among all eligible Submissions. Sponsor will randomly choose one (1) Runner-Up Selected Entrant from each day of the Giveaway Period. Chances of winning the Runner-Up Prize (described below) depend on number of eligible Submissions received by Sponsor each day of Giveaway Period.

    In addition, on or about January 22, 2016, one (1) Grand Prize Selected Entrant (“Grand Prize Selected Entrant”) will be randomly selected by Sponsor from among all eligible Entrants who re-posted multiple Submissions throughout the Giveaway Period in accordance with Sections 4 and 5 of these Official Rules. Chances of winning the Grand Prize (described below) depend on number of eligible Submissions received by Sponsor.

    The Runner-Up Selected Entrants and the Grand Prize Selected Entrant shall be collectively referred to herein as the “Selected Entrants.” Sponsor’s decisions will be final, binding, and non-appealable in all matters related to this Giveaway. Winners will be notified through Instagram using the Instagram username associated with the Submission. Neither Sponsor nor Instagram shall be liable for any notification to Selected Entrant that is lost, intercepted, delayed, or not received by the potential winner for any reason.

  7. PRIZES:

    Grand Prize: The Grand Prize Selected Entrant shall receive:

    • One (1) 5 lb. tub of Optimum Nutrition Gold Standard Whey Protein,
    • One (1) 4 lb. tub of Optimum Nutrition Gold Standard Casein Protein,
    • One (1) 30-servings container of Optimum Nutrition Gold Standard Pre-Workout,
    • One (1) 30-servings container of Optimum Nutrition Amino Energy,
    • One (1) 20-servings container of Optimum Nutrition PRO BCAA, and
    • One (1) Optimum Nutrition Opti Men 150 count container or Opti Women 120 count container (depending on gender of Grand Prize Selected Entrant) (the “Grand Prize”).
    The total approximate retail value (“ARV”) of the Grand Prize is $208.20 USD. Sponsor shall send Grand Prize Selected Entrant a private message through Instagram on or about January 22, 2015.

    Runner-Up Prize: Four (4) Runner-Up Selected Entrants shall each receive the following:

    • One (1) 2 lb. tub of Optimum Nutrition Gold Standard Whey Protein,
    • One (1) 2 lb. tub of Optimum Nutrition Gold Standard Casein, and
    • One (1) 30-servings container of Optimum Nutrition Gold Standard Pre-Workout (the “Runner-Up Prize”).
    The ARV of each Runner-Up Prize package is $92.97.

    No transfer, substitution, or cash equivalent for any prizes will be permitted, except at the sole discretion of the Sponsor due to unavailability of prizes for any reason, including but not limited to cancellation, scheduling conflicts, or force majeure. Any remaining components of the prize will be awarded and the Sponsors’ obligation to the Selected Entrants will be fulfilled, and no additional compensation will be provided. Sponsor reserves the right to substitute prizes of equal or greater value.

    The prizes do not include taxes, insurance, personal expenses, gratuities, incidental charges, or any other items not specifically described in these Rules and all expenses for any of the foregoing are the sole responsibility of the Selected Entrants. The Selected Entrants are responsible for reporting and paying all federal, state, and local taxes.

    As a condition to receiving a prize, the Selected Entrants must sign any documentation requested by Sponsor, including, without limitation an Affidavit of Eligibility/Release of Liability/Prize Acceptance Form, show proof of residency and valid identification immediately within five (5) days of issuance of notification. If any document is returned to Sponsor as undeliverable or if Sponsor does not receive a response from any Selected Entrant(s) within five (5) business days of attempted notification, or the Grand Prize Selected Entrant or Top 10 Finalists declines the prize or fails to meet Sponsor requirements, such Grand Prize Selected Entrant /Top 10 Finalists may be disqualified and the prize will either be forfeited or awarded to an alternate Entrant.

  8. PERSONAL INFORMATION: Any personal information that the Entrant submits in connection with the Giveaway will be collected and used by the Sponsor and its authorized agents to administer the Giveaway and to award prizes. Entrant’s personal information may also be used to send additional information about Sponsor, affiliates and licensees, and each of their respective products and programs. Except as set forth herein, an Entrant’s personal information will not be used for any other purpose and will not be shared with anyone else unless required by law.

  9. GENERAL DISCLAIMER AND RELEASE OF LIABILITY: By entering, Entrant agrees: (a) to release Instagram, Sponsor and its agents from all liability, loss or damage arising out of or relating to the Giveaway, including with respect to the Giveaway, interpretation of these Rules, decisions by the judges, and Entrants’ acceptance and use/misuse of the prize; (b) to be bound by these Rules; (c) to waive any right to claim ambiguity in the Giveaway or these Official Rules; and (d) that Sponsor, its affiliates and licensees may use Entrant’s name(s), likeness, biographical information, social media username, the images, personal information, and statements made by Entrant to Sponsor, the Submission(s) in whole or in part in any and all media for any purpose, including without limitation advertising and promotional purposes, as well as in, or in connection with the Giveaway and/or other promotions conducted by Sponsor, and information on the entry form for advertising and promotional purposes in all media worldwide without additional compensation. Entrant irrevocably grants to Sponsor the right, in its sole discretion, to edit, composite, morph, scan, duplicate, alter, publish, modify, copyright, or otherwise use each Submission for any purpose which Sponsor deems necessary or desirable (including, without limitation, posting on its Site), and each entrant irrevocably waives any and all rights Entrant may have therein. Sponsor does not make any warranty, representation or guarantee, express or implied, in fact or in law, relative to the use of any prize, including, without limitation, quality, merchantability and fitness for a particular purpose.

    Neither Sponsor nor Instagram are responsible for any incorrect or inaccurate entry information, human error, technical malfunction, failures, omission, interruption, deletion, or defect of any telephone network, computer online systems, computer equipment, servers, access providers, or software, including any injury or damage to Entrant’s or any other persons’, computer relating to or resulting from participation in this Giveaway; inability to access the entry website or any pages thereof; theft, tampering, destruction, or unauthorized access to, or alteration of entries; entry submissions that are processed late or incorrectly or are incomplete, garbled, or lost due to computer or electronic malfunction or traffic congestion on the Internet or any website. Entrant agrees proof of entering information at website is not considered proof of delivery or receipt. All dates set forth in these Rules are approximate.


    The invalidity or unenforceability of any provision of these Rules shall not affect the validity and enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein.

  10. GOVERNING LAW; JURISDICTION: This Giveaway will be governed by and construed in accordance with the laws of the State of Idaho without regard to conflict of law principles. Any controversy arising under, in connection with or in any way relating to this Giveaway shall be adjudicated before a state or federal court of competent jurisdiction located in Boise, Ada County, Idaho. Entrant and Sponsor: (i) accept, generally and unconditionally, the exclusive jurisdiction of such court and any related appellate court, and irrevocably agree to be bound by any judgment rendered thereby in connection with this Giveaway, and (ii) irrevocably waive any objection it may now or hereafter have as to the venue of any such suit, action or proceeding brought in such a court or that such court is an inconvenient forum.

  11. WINNERS’ LIST: After January 25, 2016, Entrants may request a Winners’ List by mailing a self-addressed stamped envelope to Bodybuilding.com, c/o Optimum Nutrition Modern Physique Giveaway Winners’ List, 5777 N. Meeker Ave., Boise, Idaho 83713. All requests must be received by Sponsor within six (6) weeks after the end of the Enrollment Period.