MYOS PET Giveaway Official Rules    

These rules (Official Rules or Terms) govern the MYOSPET Giveaway (the Giveaway) conducted by MYOSPET (Company, Sponsor, we, us, or our). By participating in the Giveaway, participants agree to these Terms, which are a contract between you (you or Entrant) and us. Please read them carefully. 

1. No Purchase Necessary 

1.1 No purchase is necessary to enter or win the Giveaway. A purchase does not increase your chances of winning.  

2. Eligibility 

2.1 The Giveaway is open to legal residents of the United States and its territories, aged 18 years or older, 19 years of age or older in Alabama and Nebraska, or 21 years of age or older in Mississippi, at the time of entry. 2.2 Employees, officers, directors, and agents of MYOSPET, its affiliates, subsidiaries, advertising and promotion agencies, and their immediate family members or household members are not eligible to participate.  

2.3 MYOSPET reserves the right to verify the eligibility of winners.  

2.4 Participation constitutes Entrant’s full and unconditional agreement to these Terms and to Sponsor’s decisions, which are final and binding in all matters related to the Giveaway.  

2.5 The Giveaway is void where prohibited or restricted by law.   

3. Giveaway Period 

3.1 The Giveaway begins on 2/24/2025 at 8:00am Eastern Time (ET) and ends on 2/26/2025 at 8:00pm Eastern Time (ET) (the Giveaway Period). Entries received outside this period will not be considered. MYOSPET’s computer is the official timekeeping device for this Giveaway. 

  4. How to Enter 

4.1 Participants must log into your Instagram account, navigate to the MYOSPET and @mac.n.bru Instagram page, follow the MYOSPET Instagram Page and @mac.n.bru Instagram page, like the MYOSPET and @mac.n.bru Instagram Giveaway post, and mention at least 1 friend in the comments of the MYOSPET and @mac.n.bru Instagram Giveaway post. If you do not have an Instagram account, you can create one for free at www.instagram.com. Ensure that your Instagram account settings allow the MYOSPET Instagram page to contact you via direct messaging if you are selected as a potential winner.        

4.2 Limit one entry per person during the Giveaway Period unless otherwise specified.  

4.3 Entries that are incomplete, fraudulent, or violate these Terms will be disqualified.  

4.4 Entries, comments and content submitted or uploaded to any social media sites or other public sites in connection with this Giveaway (collectively, Content Submissions) may not contain, depict or show any content that: (i) is sexually explicit or suggestive, offensive, lewd, profane, obscene, or contains nudity or racist innuendo; (ii) promotes any activities that may appear unsafe or dangerous, or any political agenda or message; (iii) contains trademarks, logos or trade dress (such as distinctive packaging or building exteriors/interiors) or copyrighted materials (including photographs, sculptures, paintings and other works of art or images published via websites, television, movies or other media) owned by others, without permission; (iv) contains any personal identification, such as license plate numbers, last names (first names are permitted), email addresses or street addresses for any person other than Entrant, or otherwise infringes on the privacy of any person other than an Entrant; or (v) violates any law. Any Content Submissions that contain, depict, or show such content; that exceed any required file size or length limits imposed by the Sponsor or any of the third-party social media sites listed herein; or that violate these Content Submission requirements, the terms of these Official Rules, and or the terms and conditions of any such third-party social media site will be disqualified. Content may not include music. Content Submission may not contain an identifiable third party other than Entrant. Sponsor reserves the right in their sole and unfettered discretion to disqualify any Content Submission that they believe is inappropriate or not suitable for publication, that does not comply with these Official Rules or that is not consistent with the spirit or theme of the Giveaway. 

4.5 Automated entries, entries which use or in any way incorporate artificial intelligence or any other simulation of human intelligence or process through a machine or computer system (collectively, "Artificial Intelligence"), either in the creation or submission of the entry or as a part of any entry, and/or third-party entries are prohibited. Any entry that was created by using, or in any way incorporates, Artificial Intelligence, or that was created or made by a third party, will be void, and the entrant who submitted such an entry may be disqualified at Sponsor’s sole discretion. Multiple entrants are not permitted to share the same email address or social media account. Any attempt by any entrant to obtain more than the permitted number of entries by using multiple or different identities, forms, registrations, addresses or any other method will void all of that entrant’s entries, and that entrant may be disqualified at Sponsor’s discretion. Normal Internet, phone and usage charges imposed by your online or phone service may apply. Incomplete, illegible, corrupted, or untimely entries are void and will be disqualified. Sponsor and its agencies are not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible entries; lost, interrupted or unavailable network, server, or other connections; or miscommunications, computer or software malfunctions, telephone transmission problems, technical failures, garbled transmissions, damage to a user’s computer equipment (software or hardware) or other errors or malfunctions of any kind, whether human, mechanical, electronic, or otherwise. In the event of a dispute as to the identity of an entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant or participant. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider, Internet service provider or other organization (which may include an employer) responsible for assigning email addresses for the domain associated with the submitted address. Potential winner may be required to show proof of being the authorized account holder.  

5. Winner Selection and Notification 

5.1 The winner(s) will be selected at random from all eligible entries received during the Giveaway Period, using a randomizer tool. 5.2 The winner(s) will be notified via direct message on social media, or other means, within 5 business days of the drawing. 5.3 If a winner does not respond within 4 days of notification, an alternate winner may be selected. 5.4 The Company’s decision is final and binding on all matters related to the Giveaway. 5.5 Odds of winning depend on the total number of eligible entries received. 5.6 Upon submission of entry in this Giveaway, you agree that MYOSPET may contact you via social media, including on Instagram, by sending you a direct message, tagging you, posting to your social media page or naming you on MYOSPET’s social media page. Normal Internet access, phone, and usage charges imposed by your online or phone service may apply. If you are entering via a mobile device and using your wireless carrier’s network, standard data charges from your wireless carrier may apply. 

5.2 Verification of Potential Winners: ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE GIVEAWAY. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.    

6. Prize 

6.1 The prize for the Giveaway is 1 360g canister of the MYOS Canine Muscle Formula and 1 180g canister of MYOS Collagen Chews, with an approximate retail value (ARV) of $116.98. 6.2 The prize is non-transferable, non-exchangeable, and cannot be redeemed for cash or other alternatives. 6.3 The Company reserves the right to substitute the prize with another of equal or greater value if circumstances beyond its control make it necessary. 6.4 Winners are responsible for all applicable federal, state, and local taxes related to the prize. 6.5 Participants are responsible for ensuring their participation complies with their local laws. 

 6.6 PRIZE RESTRICTIONS: Any and all applicable federal, state, and local taxes and all fees and expenses related to acceptance and use of prize not specifically stated herein are the responsibility solely of winner. Prize cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsor reserves the right to make equivalent prize substitutions at their discretion. Sponsor will not replace any lost or stolen prizes. Prize cannot be used in conjunction with any other promotion or offer. Only the number of prizes stated in these Official Rules is available to be won in the Giveaway. If, by reason of a print or other error, more prizes are claimed than the number set forth in these Official Rules, prize winner(s) will be selected in accordance with the winner selection method described above from among all eligible claimants making purportedly valid claims to award the advertised number of prizes available. Sponsor is not responsible for any delay or cancellation of the prize delivery due to unforeseen circumstances or those outside of their control. If the fulfilling merchant cancels the order for reasons out of Sponsor’s control, the prize will not be delivered, and no additional compensation will be provided. Additional terms and conditions may apply to gift cards; see front and back of gift card for additional terms and restrictions.[A4]    

7. General Conditions 

7.1 By participating in the Giveaway, participants agree to comply with these Terms and grant MYOSPET the right to use their name, likeness, and entry for promotional purposes without further compensation, unless prohibited by law. 7.2 The Company is not responsible for entries that are lost, late, misdirected, damaged, or otherwise not received due to technical or human error. 7.3 The Company reserves the right to disqualify any participant who violates these Terms or tampers with the Giveaway process. 7.4 The Company reserves the right to cancel, modify, or suspend the Giveaway if technical issues, fraud, or other unforeseen circumstances compromise its integrity.  

7.5 Participation in the Giveaway constitutes Entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Giveaway. In the event there is a discrepancy or inconsistency between disclosures or other statements (in any and/or all media) contained in any Giveaway materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern, and control. Proof of sending or submission of entry will not be deemed proof of receipt by Sponsor. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.  

  7.6 WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS GIVEAWAY OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right to disqualify any individual it finds to be attempting to tamper with or to undermine the entry process, any website associated with the Giveaway, or the legitimate operation of the Giveaway; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten or harass any other person. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.   

7.7 Sponsor and its agents are not responsible for (1) any incorrect or inaccurate information, whether caused by Entrant, printing errors or by any of the equipment or programming associated with or used in the Giveaway; (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 Giveaway; (4) technical or human error that may occur in the administration of the Giveaway or the processing of entries; or (5) any injury or damage to persons or property that may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Giveaway or receipt or use or misuse of any prize. Sponsor reserves the right to cancel, suspend and/or modify the Giveaway, or any part of it, if any fraud, technical failures, or any factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Giveaway, as determined by Sponsor. If, for any reason, the Giveaway cannot be run as planned, Sponsor may disqualify any suspect entries and (a) suspend the Giveaway and modify the Giveaway to address the impairment, then resume the Giveaway in a manner that best conforms to the spirit of these Official Rules; and (b) terminate the Giveaway and award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment.  

8. Limitation of Liability and Releases  

8.1 By participating, participants release and hold harmless MYOSPET and its affiliates, employees, and agents, and Meta Platforms, Inc. (including Instagram), from any claims, damages, or liabilities arising out of or related to the Giveaway or the use or misuse of any prize. 8.2 The Company is not responsible for any technical errors, network failures, or other issues beyond its control that may affect entry or winner notification. 

 8.3 By participating in this giveaway, entrant agrees to release, indemnify, defend and hold harmless sponsor, meta platforms, inc. (including instagram, and their respective parent companies, affiliates, subsidiaries, representatives, consultants, contractors, advertising, public relations, promotional, fulfillment and marketing, website providers, web masters, and their respective officers, directors, employees, representatives and agents (the released parties)), and that the released parties will have no liability whatsoever for, and shall be held harmless by entrants against, any liability for any injuries, losses or damages of any kind to persons, including personal injury or death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of the prize, entry or participation in this giveaway or in any giveaway-related activity, or any claims based on publicity rights, defamation or invasion of privacy, or merchandise delivery. The released parties are not responsible if this giveaway cannot be administered or conducted or any prize cannot be awarded due to cancellations, delays, or interruptions resulting or arising from acts of god, war, or terrorism, civil unrest, strikes, supply shortages, natural disasters, weather, pandemics, epidemics, widespread illness, compliance with any law or order of a governmental authority, or any other similar act, event or occurrence beyond the reasonable control of the sponsor. By participating in this giveaway, entrant agrees that the released parties will not be responsible or liable for any injuries, damages or losses of any kind, including direct, indirect, incidental, consequential or punitive damages to persons, including death, or to property arising out of access to and use of any website associated with this giveaway or the downloading from and/or printing material downloaded from such site.    

9. Privacy; Publicity Release 

9.1 Any personal information collected from participants will be used solely for the purposes of administering the Giveaway and in accordance with MYOSPET’s Privacy Policy, which details how personal data is securely stored and not shared with unauthorized third parties. 9.2 By entering the Giveaway, participants consent to the collection and use of their personal information for these purposes. 

9.3 except where prohibited by law, participation in the giveaway constitutes winner’s permission and grant to sponsor (which grant will be confirmed in writing on request of sponsor) and its designees the right and permission to print, publish, broadcast and use, worldwide in any media now known or hereafter developed, including, but not limited to, the world wide web, at any time or times, the winner’s entry, name, portrait, picture, voice, likeness, opinions and biographical information (including, but not limited to, hometown and state), prize information, quotes attributable to winner, and any other elements of entrant’s persona for advertising, trade and promotional purposes (including the announcement of his or her name on television or radio broadcast) without additional consideration, compensation, permission or notification, including in a list to be used by sponsor and its designees and its partners to re-target entrants via email or any sponsor app, unless prohibited by law.    

By submitting an entry, entrant agrees that such entry, communications or submissions, creative suggestions, ideas, notes, concepts or other materials (submissions) that entrant may submit to sponsor or post online or on social media in connection with this giveaway, including all rights embodied therein, whether sent via the website or electronic mail or some other means, with the exception of personally identifiable information as identified in sponsor’s privacy policy (available at insert), are deemed to be non-confidential and non-proprietary and sponsor shall have no obligation of any kind with respect to such submissions. Sponsor shall be free to edit, exploit, modify, publish, reproduce, use, disclose, disseminate and distribute the submissions to others without limitation in any and all media now known or not currently known, throughout the world in perpetuity for any purpose without compensation, permission or notification to entrant or any third party. Entrant hereby grants to the sponsor and its legal representatives, successors and assigns, an irrevocable and worldwide license to use in perpetuity the submissions in any form or format and to modify the same and acknowledges and agrees that if sponsor does use the submissions, entrant shall not be entitled to any credit, consideration, notice, or payments of any kind. Entrant waives any moral rights he or she may have to the submissions and agrees that if sponsor elects to use submissions for any purpose, all rights under copyright or other intellectual property rights that may result from that relating to entrant’s submissions or from use of the same by sponsor shall be the sole property of sponsor. Entrant further agrees that if sponsor elects to use entrant’s submissions, entrant will execute any documents requested by sponsor regarding this assignment. If any use by sponsor of the submissions causes it to be liable to any third party, entrant agrees to indemnify sponsor and its agents, employees, affiliates, subsidiaries, representative and all related parties from and against any and all damages, costs, judgments and expenses (including reasonable attorneys’ fees) that it incurs as a result of its use of the submissions. 

Without limiting the foregoing, and except for any manufacturer’s warranties that may be provided with individual prizes, everything regarding this giveaway, including each website associated with this giveaway and all prizes, is 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 exclusions of liability for incidental or consequential damages or exclusion of implied warranties, so some of the above limitations or exclusions may not apply. Check local laws for any restrictions or limitations regarding these limitations or exclusions. 

10. Social Media Platform Disclaimer 

10.1 The Giveaway is in no way sponsored, endorsed, administered by, or associated with Instagram, Facebook, or TikTok. 

  11. Mandatory Arbitration and Class Action Waiver 

11.1 please read these arbitration and class action waiver provisions carefully to understand your rights. Except where prohibited by law, you agree that any claim that you may have in the future must be resolved through final and binding confidential arbitration. You acknowledge and agree that you are waiving the right to a trial by jury. The rights that you would have if you went to court, such as discovery or the right to appeal, may be more limited or may not exist. You agree that you may only bring a claim in an individual capacity and not as a plaintiff (lead or otherwise) or class member in any purported class or representative proceeding. You further agree that the arbitrator may not consolidate proceedings or claims or otherwise preside over any form of a representative or class proceeding. 

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow these terms as a court would. 

11.2 If you have a complaint, dispute, or controversy, you agree to first contact us at info@myospet.com to attempt to resolve the dispute or controversy informally. You and MYOS PET agree that we will resolve any disputes between us that cannot be resolved through such informal process or through negotiation within 120 days through binding and final arbitration instead of through court proceedings. You and MYOS PET hereby waive any right to a jury trial of any Claim (defined below). All controversies, claims, counterclaims, and other disputes arising between you and MYOS PET relating to the Giveaway, these Terms, the MYOS PET Privacy Policy, and/or any other aspect of your relationship with MYOSPET (each a Claim) shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association, Consumer Arbitration Rules ("AAA Rules"). The AAA’s Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with the Rules of the AAA. The arbitration will be heard and determined by a single arbitrator in the English language in New Jersey or telephonically. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms, or this arbitration provision, and any other terms incorporated by reference into these Terms. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. 

Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Rules. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses. This arbitration agreement does not preclude you or MYOS PET from seeking action by federal, state, or local government agencies. You and MYOS PET also have the right to bring qualifying claims in small claims court. In addition, you and MYOS PET retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.  

The arbitrator shall follow the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended. In all other respects, the substantive law of the State of New Jersey shall apply, without regard to conflicts of laws principles. 

Neither you nor MYOSPET may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and MYOSPET’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.  

If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms will be effective or enforceable unless recorded in writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of the Terms.  

If any claim or dispute is found by the arbitrator to be excluded from this arbitration agreement above, the parties agree that any such claim or dispute shall be exclusively brought in and decided by the state or federal courts located in New Jersey. 

This section of the Terms will survive the termination of your relationship with MYOSPET. 

11.3 30 day right to opt-out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in this section of these terms by sending written notice of your decision to opt-out by emailing us at info@myospet.com. The notice must be sent within thirty (30) days of accepting these terms or entering the giveaway, whichever is earlier, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them. 

12. Severability  

If any term of provision or these Terms is found under the law to be invalid or unenforceable, then such specific term or provision shall be of no force and effect and shall be severed, and the remainder of these Terms shall continue in full force and effect. 

13. Official Rules and Winners List 

13.1 For a copy of the Official Rules, visit myospet.com or send a self-addressed, stamped envelope to: MYOS CORP 45 Horsehill Road, Suite 105A, Cedar Knolls, NJ 07927.  For a list of winners available after winners have been confirmed, send a self-addressed, stamped envelope for receipt by no later than 6 months after the end of the Giveaway Period to MYOS CORP. Vermont residents may exclude return postage on requests for Official Rules.   

14. Contact Information 

14.1 For questions or concerns regarding the Giveaway, please contact us at info@myospet.com or (973)-509-0444. By participating in the Giveaway, you acknowledge that you have read, understood, and agree to these Terms and Conditions.