Secure Shopping Guarantee

We use the industry standard encryption protocol known as Secure Socket Layer (SSL) to keep your order information secure.

We have established a Secure Shopping Guarantee for every transaction that you make with www.gnc.com. Should any unauthorized charges appear on your credit card as a result of shopping with www.gnc.com, you must notify your credit card provider in accordance with its reporting rules and procedures.

We will cover the liability of purchases made through this web site only if the unauthorized use of your credit card resulted through no fault of your own. If your bank holds you responsible for fraudulent charges, we will cover your liability up to $50.00.

Terms & Conditions

Last Updated: January 10, 2021

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS INCLUDING MANDATORY ARBITRATION, NO CLASS RELIEF, AND WAIVER OF YOUR RIGHT TO A JURY TRIAL.

The policies below are applicable to the GNC Holdings, LLC ("GNC") network of websites, including the website located at www.gnc.com (including any versions optimized for viewing on a wireless or tablet device); all e-mail newsletters published or distributed by; and all other interactive features and communications provided by GNC, however accessed and/or used, that are operated by us, made available by us, or produced and maintained by GNC (collectively "GNC" or "we", "us", or "our") ("Web Site").

YOUR USE OF THIS WEB SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE.

  1.  Products, Content and Specifications. All features, content, specifications, products and prices of products and services described or depicted on this Web site, www.gnc.com (this "Web Site"), are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. GNC Holdings, LLC ("GNC", "we" or "us") and its service suppliers which operate this Web Site pursuant to agreements with GNC, make all reasonable efforts to accurately display the attributes of products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on this Web Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Web Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. All videocassettes, DVDs and similar products sold are for private, home use (where no admission fee is charged), non-public performance and may not be duplicated.
  2. Ordering, Shipping and Returns. When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Web Site. All purchases from this Web Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Web Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. You may return or exchange a product or service purchased from this Web Site in accordance with our Return and Exchange Policy found [here]. Certain jurisdictions may provide additional statutory rights. Nothing herein is meant to limit your return or cancellation rights under local law.
  3. Accuracy of Information. We attempt to ensure that information on this Web Site is complete, accurate and current. Despite our efforts, the information on this Web Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Web Site. For example, products included on this Web Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Web Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
  4. Fees. For all charges or deposits for any events, products and/or services ordered by you on or through the Web Site, GNC or its vendors or agents will bill your bank card or alternative payment method offered by GNC and you agree to pay all such charges or deposits. When you provide bank card information, account numbers or other information necessary to facilitate payment to us or our vendors, you represent to us that you are the authorized user of the bank card that is used to pay for the products and services. In the event legal action is necessary to collect on balances due, you agree to reimburse GNC and its vendors or agents for all expenses incurred to recover sums due, including attorneys' fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of the Web Site. You understand that we will hold and store such bank card or payment information to facilitate payment and deposit, damage reimbursement, and other liability purposes.
  5. Account Registration and Security. You understand that you may need to create an account to place orders and to have access to all of the parts of the Web Site. In order to use those restricted portions of the Web Site, you will: (a) provide true, accurate, current and complete information about yourself and your business as prompted by the Web Site's registration or subscription page (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or GNC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, GNC has the right to suspend or terminate your account and refuse any and all current or future use of the Web Site (or any portion thereof). You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You will not share your account information or your user name and password with any third party or permit any third party to logon to the Web Site using your account information. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Web Site. We have the right to provide user billing, account, content, purchase or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Please note that anyone able to provide your personally identifiable information will be able to access your account so you should take reasonable steps to protect this information.
  6. Use of this Web Site. The design of this Web Site and all text, graphics, images, video, information, content, and other material displayed on or that can be downloaded from this Web Site are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with prior written permission of the owner of such material. The content, software and other technology components of this Web Site are © GNC Holdings, LLC or its respective affiliates or suppliers. All rights reserved. You may not modify the information or materials displayed on or that can be downloaded from this Web Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. You will not remove any copyright, trademark or other proprietary notices from material found on the Web Site.
  7. Trademarks. Certain trademarks, trade names, service marks and logos used or displayed on this Web Site are registered and unregistered trademarks, trade names and service marks of GNC and its affiliates. Other trademarks, trade names and service marks used or displayed on this Web Site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Web Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Web Site without the written permission of GNC or such other owner.
  8. Linking to this Web Site. Running or displaying this Web Site or any information or material displayed on this Web Site in frames or through similar means on another Web site without our prior written permission is prohibited. Any permitted links to this Web Site must comply will all applicable laws, rule and regulations.
  9. Third Party Links. From time to time, this Web Site may contain links to Web sites that are not owned, operated or controlled by GNC or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other Web site. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other Web sites, or any content, materials or other information located or accessible from any other Web sites, or the results that you may obtain from using any other Web sites. If you decide to access any other Web sites linked to or from this Web Site, you do so entirely at your own risk.
  10. Inappropriate Material. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Web Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
  11. User Content. Other than personally identifiable information, which is subject to this Web Site's Privacy Statement, any material, information, videos, pictures, suggestions, ideas, concepts, know-how, techniques, questions, comments, reviews or other communications, photos, videos, or other content you transmit or post to this Web Site in any manner or publish through any social media account (e.g., Twitter, Instagram, Pinterest, Facebook) to GNC or that you allow GNC to feature, including your name (as identified in your social publications), social media handle, accompanying text, photos and images ("User Content") is and will be considered non-confidential and non-proprietary. Personally identifiable information that you voluntarily post on any part of this Web Site or on social media that is viewable by the public (e.g., in the Customer Reviews section) is not subject to this Web Site's Privacy Statement and is considered User Content. Further, we are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit. We and our respective affiliates and our or their designees may use any or all User Content for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing, advertising, promotion and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any User Content. We will have no obligation to use, return, review, or respond to any User Content. We will have no liability related to the User Content submitted by you, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Content that includes any material we deem inappropriate or unacceptable. You agree that that all User Content submitted by you is truthful, that it will not violate or facilitate the violation of any law or regulation, that you have obtained the consent of anyone (other than yourself) appearing in any User Content, that any User Content submitted by you will not contain, or provide links to, obscene, profane, or threatening language or imagery, malware, political campaigning, commercial solicitation, chain letters, mass mailings, “spam”, or any other material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading, and that such User Content will not infringe on or violate the rights of any person or entity, including copyright, trademark, patent, privacy or publicity rights. By submitting, transmitting, posting, uploading, modifying or otherwise providing any User Content, whether solicited or unsolicited, you agree that you are granting us and our respective affiliates and our or their designees a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide license to publish, transmit, perform, display, copy, modify, adapt, translate, create derivative works from, sell, distribute and otherwise use such User Content for any purpose, including, without limitation, advertising and promotional purposes, in any media, now or hereafter known, even if these Terms of Use are later modified or terminated, without any compensation to you.  You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory.
  12. Recipes. As part of the Web Site, GNC may offer recipes and information dealing in the preparation of food and beverages and GNC allows recipe submissions by various sources, including users of the Web Site. GNC in no way provides any warranty, implied or otherwise, towards the content of recipes submitted by any user, visitor, or other entity. As such, it is your responsibility to determine the value and quality of any recipe or instructions provided for food preparation and to determine the nutritional value, if any, and safety of the preparation instructions. Recipes taken from our Web Site and prepared are done so "at your own risk". GNC is not responsible for any damage, medically or otherwise, resulting in the preparation of food using the instructions or recipes provided on this Web Site. You must take care to check the instructions provided and determine their value and any possible medical condition that may arise from the consumption of the ingredients listed in recipes on this Web Site.
  13. Contests, Sweepstakes and Games. From time to time GNC may offer contests, sweepstakes and games. Additional terms and conditions will apply to your participation in each contest, sweepstakes or game.
  14. DISCLAIMERS. YOUR USE OF THIS SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER GNC NOR ANY OF ITS RESPECTIVE AFFILIATES NOR SUPPLIERS WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEB SITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER GNC NOR ANY OF ITS RESPECTIVE AFFILIATES NOR SUPPLIERS MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

    ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEB SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

    YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AGAINST GNC, ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, AND ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE ARISING OUT OF, OR IN CONJUNCTION WITH YOUR USE OF THE WEB SITE.
  15. LIMITATIONS OF LIABILITY. Neither GNC nor its affiliates nor suppliers assumes any responsibility, or will be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Web Site, or your downloading of any information or materials from this Web Site. IN NO EVENT WILL GNC, OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

    IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEB SITE.
  16. Arbitration.PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND HOW CLAIMS THAT YOU AND GNC HAVE AGAINST EACH OTHER ARE RESOLVED.
    This Section is deemed to be a "written agreement to arbitrate" pursuant to the Federal Arbitration Act. You and GNC agree that we intend that this Section satisfies the "writing" requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement.
    We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these Terms and Conditions, if you have any dispute or disagreement with us regarding (i) your use of or interaction with the Web Site, (ii) any purchases or other transactions or relationships with GNC, or (iii) any data or information you may provide to GNC or that GNC may gather in connection with such use, interaction or transaction (collectively, "GNC Transactions or Relationships"), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Web Site, or engaging in any other GNC Transactions or Relationships with us, you agree to binding arbitration as provided below.
    We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using our Web Site, you agree that any complaint, dispute, or disagreement you may have against GNC, and any claim that GNC may have against you, arising out of, relating to, or connected in any way with these Terms and Conditions, our Privacy Statement, or any GNC Transactions or Relationships shall be resolved exclusively by final and binding arbitration ("Arbitration") administered by JAMS or its successor ("JAMS") and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the "Applicable Rules"). The Applicable Rules can be found at www.jamsadr.com. If JAMS is no longer in existence, the Arbitration shall be administered by the American Arbitration Association or its successor (the "AAA") instead, and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (which shall be the "Applicable Rules" in such circumstances). If JAMS (or, if applicable, AAA) at the time the arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations in effect which would be applicable to the matter in dispute, GNC agrees to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth in this Section, provided, however, that in no event may such Minimum Standards contravene or restrict the application of subpart (e) or (i) below. Furthermore, this Section shall not prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. You further agree that:
    1. (a) Single Arbitrator. The Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and GNC (the "Arbitrator");
    2. (b) Arbitrator Will Interpret This Agreement. The Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these Terms and Conditions and/or these arbitration provisions in this Section hereof, including but not limited to any claim that all or any part of these Terms and Conditions is void or voidable;
    3. (c) Location of Arbitration. The Arbitration shall be held either: (i) at a location determined by JAMS (or, if applicable, AAA) pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and GNC; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission.
    4. (d) Governing Law. The Arbitrator (i) shall apply internal laws of the Commonwealth of Pennsylvania consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with Pennsylvania or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;
    5. (e) No Class Relief. The Arbitration can resolve only your and/or GNC's individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated;
    6. (f) Written Award. The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator's complete determination of the dispute and the factual findings and legal conclusions relevant to it (an "Award"). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;
    7. (g) Arbitration Costs. In the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, GNC will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith;
    8. (h) Reasonable Attorney's Fees. In the event you recover an Award greater than GNC's last written settlement offer, the Arbitrator shall also have the right to include in the Award GNC's reimbursement of your reasonable and actual out-of-pocket attorneys' fees associated with the Arbitration, but GNC shall in all events bear its own attorneys' fees; and
    9. (i) Interpretation and Enforcement of Arbitration Clause. With the exception of subpart (e) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (e) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor GNC shall be entitled to arbitrate their dispute, and must instead bring any claims in a court of competent jurisdiction.
    10. (j) Modification of Arbitration Clause With Notice. GNC may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after GNC has given notice of such modifications and only on a prospective basis for claims arising from GNC Transactions and Relationships occurring after the effective date of such notification.
    11. (k) Small Claims Matters are Excluded. No Class Relief or Joinder of Claims. Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim you have against GNC in your local small claims court within the U.S., if your claim is within such court's jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.
  17. Termination. You or we may suspend or terminate your account or your use of this Web Site at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Web Site at any time without notice.
  18. Health Related Information. The information contained in the Web Site is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor or other health care professional. You should not use the information available on or through the Web Site (including, but not limited to, information that may be provided on the Web Site by healthcare or nutrition professionals employed by or contracting with GNC) for diagnosing or treating a health problem or disease, or prescribing any medication. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You should read carefully all product packaging prior to use.
  19. Indemnity. You agree to indemnify and hold GNC and our parents, affiliates (and their franchisees and licensees), and subsidiaries, officers, directors, employees, successors and assigns, harmless from any claim, loss or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of our Web Site, your connection to our Web Site, your violation of these Terms and Conditions, or your violation of any rights of another party. This indemnity survives termination of these Terms and Conditions.
  20. Domestic Use; Export Restriction. We control the Web Site from our offices within the United States of America. We make no representation that the Web Site or its content (including, without limitation, any products or services available on or through the Web Site) are appropriate or available for use in other locations. Users who access the Web Site from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of certain technical data and software to certain territories. No content from the Web Site may be downloaded in violation of United States law.
  21. Access and Interference. You agree that you will not use any robot, spider, scraper or other automated means to access the Web Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Web Site; or (iii) bypass any measures we may use to prevent or restrict access to the Web Site.
  22. Right to Takedown Content. GNC shall have the right in our sole discretion to edit, refuse to post or remove any material submitted to or posted on the Web Site at any time without notice. Without limiting the foregoing, we shall have the right to remove any material that we find to be in violation of the provisions hereof or otherwise objectionable, and the additional right to deny any user who fails to conform to any provision of these Terms and Conditions access to the Web Site or any part thereof.
  23. General. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision by us. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of our Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Web Site or our Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
  24. Additional Assistance.. If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact us at GNC, Marketing Department - 14th Floor, 300 Sixth Avenue, Pittsburgh, PA 15222, Attn: Customer Service or e-mail us at customerservice@gnc.com. Alternatively, you may call us toll-free at 1-877-GNC-4700.
  25. Entire Agreement. These Terms and Conditions, and any other documents and policies referenced herein, constitute the complete and exclusive understanding between GNC and you relating to the subject matter hereof and supersedes any prior versions of these Terms and Conditions as well as all prior or contemporaneous understandings, agreements, communications, and/or advertising with respect to such subject matter.
  26. Revisions to these Terms and Conditions. These Terms and Conditions may be revised at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of this Web Site.

MYGNC Rewards and MYGNC PRO Access National Terms and Conditions

Last Updated: December 1, 2023

PLEASE READ THESE TERMS OF USE CAREFULLY, THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS INCLUDING MANDATORY ARBITRATION, NO CLASS RELIEF, AND WAIVER OF YOUR RIGHT TO A JURY TRIAL.

The MYGNC Rewards Program ("Program") is a loyalty program sponsored by and operated by GNC Holdings, LLC (“GNC”). The following Program terms and conditions (“T&C”) govern your membership in the Program. Participation in the Program subjects members of the Program ("Members") to these terms and conditions and as they may be periodically amended or updated at www.gnc.com. Any updated T&C replace all previously published T&C or policies. Members have the responsibility to check for any updates to the Program or the T&C. If the T&C are updated, any changes will apply to all Members, including Members enrolled before GNC posts the updated text, except as may be prohibited by law. No changes to the T&C will apply retroactively unless we provide you with specific notice. Occasionally GNC may test or make available new offers, promotions or program benefits with a certain subset of Members based on factors within GNC’s sole discretion, except as may be prohibited by law. Every Member is not entitled to participate in every new offer, promotion or program benefit offered through the Program. GNC MAY CHANGE THESE T&C, IN WHOLE OR IN PART, AT ANY TIME WITHOUT NOTICE, EVEN THOUGH CHANGES MAY AFFECT THE BENEFITS AVAILABLE TO MEMBERS AND/OR THE VALUE OF THE POINTS ALREADY ACCUMULATED BY A MEMBER. 

BY ESTABLISHING A MEMBERSHIP, LOGGING ON TO THE MEMBER’S ACCOUNT, REDEEMING POINTS, AND/OR OTHERWISE PARTICIPATING IN THE PROGRAM, YOU CONFIRM YOUR ACCEPTANCE OF THESE T&C AND THE PRIVACY POLICY.

Membership Eligibility

The Program is a loyalty rewards program offered by GNC to its customers located in the United States. Membership in the Program is limited to individuals only and is limited to one account per individual. Employees, officers, directors, agents and representatives of GNC and its affiliates or franchisees are eligible for Membership but may be excluded from certain promotions. To be eligible for Membership, you must provide a valid email address and be age 16 years or older. Eligible minors must obtain their parent's or legal guardian's consent prior to participation. The Program is offered in the English language only. You must be located in the United States in order for us to provide Membership benefits to you.

You may enroll in the Program by visiting a participating GNC retail location or signing up online at www.gnc.com or via the GNC LiveWell app (the “App”).

You also will be enrolled in the Program automatically if you wish to register on www.gnc.com (the “Website”) or the App. Each applicant will be required to provide, without limitation, his or her name, and e-mail address. Mailing address is required for PRO ACCESS Membership. GNC may, in its discretion, require additional information or verification in connection with your application. You may also be asked to provide other information about yourself such as your birthdate and interests so that we may provide a more personalized program, but this information is optional. GNC reserves the right to refuse or restrict your participation in the Program for any reason.

GNC also may enroll you automatically in the Program if you previously have provided GNC with your email address. However, if at any time you do NOT wish to remain enrolled in the Program, you can un-enroll by contacting GNC Customer Service at 1-877-GNC-4700 or via chat on GNC.com.

NO PURCHASE OF PRODUCTS IS NECESSARY TO BECOME A MEMBER. The Program is void where prohibited by law. Affiliates, partners or distributors of GNC may also have similar customer programs; Membership in the Program does not make you a Member or confer any rights or benefits in the program of any other GNC affiliate, partner or distributor of GNC. 

Members are responsible for maintaining accurate and updated personal information regarding their account ("Account"). Members can obtain information about the Program, their Account activity, and change their profile preferences and contact information at any time by visiting the Website or the App. Account and Program information may also be obtained by contacting GNC Customer Service ("Customer Service") by mail at: 75 Hopper Place, Suite 501, Pittsburgh, PA 15222. By phone, call toll-free: 877.462.4700. PRO Members (see “PRO ACCESS Membership” below) can call 866.214.2469.

In connection with your Membership, you will be required to select a password in order to access your Account online. You are solely responsible for maintaining the confidentiality of these login credentials, and you are solely responsible for all use of your login credentials to access your Account, whether authorized by you or not. We strongly recommend that you log out of your Account when not in use. You agree to notify us immediately of any unauthorized use of your password or any other breach of Account security. Access and use of a Program Account is restricted to authorized Members. Individuals, including Members, attempting to access any restricted areas of the Program without authorization may be subject to prosecution. The collection and use of any information you provide to us during registration or participation in the Program will be governed by our Privacy Policy (www.gnc.com/privacy) as may be revised or amended at any time. 

Communications

When you enroll in the Program, you consent to receive (a) transactional email regarding the status of your Account and the Program; and (b) marketing and promotional email offers and updates from the Program and from GNC and its affiliates. Members may not unsubscribe from receiving transactional email regarding the Program. Members may withdraw consent and unsubscribe from GNC and/or affiliate or partner marketing and promotional emails at any time via the unsubscribe link in that email. Members can also unsubscribe from receiving marketing and promotional email by calling 877.462.4700. PRO Members can call 866.214.2469. 

Offers

As a Member, you will receive several offers during your Membership. Offers may include, but are not limited to, percent-off and dollar-off coupons, points-earning opportunities, birthday offers, shipping discounts, shopping events and other promotions. Offers will be subject to additional details, exclusions and terms. In addition, as a Member, you may receive other opportunities, such as early notification about upcoming events and sales, notification of new products and personalized recommendations. 

Earning Points

You earn Program points whenever you make a purchase at a store or at www.gnc.com or via the App. At the store register you will need to provide your telephone number or email address registered with your Program Account (either, a “Membership Identifier”) and at www.gnc.com and on the App you will need to be logged in to your Program Account.

If you provide your Membership Identifier in store at the register, you can receive updates about your Account, such as your point balance and whether you have qualified for any Rewards. You can also access your Account information online by logging into your Account at www.gnc.com or the App.

Points cannot be accumulated on purchases made (a) before a Member initiates an Account or (b) under “guest” checkout at www.gnc.com or on the App when not logged in to your Program Account.

Members accumulate one point for every $1 USD spent on any eligible product purchase when a Member's Membership Identifier is provided at time of purchase. Notwithstanding the foregoing, points and their values: (a) are determined by GNC in its sole discretion; (b) are subject to change without notice; and (c) may vary among activities and promotions.

The dollar amount of any eligible product purchased will be rounded to the nearest whole dollar before accumulated points are calculated (i.e., $0.50 or higher is rounded up, $0.49 or lower is rounded down). The dollar amount for the purpose of calculating Point earned is on the actual dollars spent at checkout, less taxes, fees, delivery charges, rebates, or other excluded charges. 

Points earned in-store, will be credited to a Member's Account within approximately 48 hours from the time of purchase. Points earned online on the Website or the App will be credited to a Member’s Account within approximately 48 hours following notification that all items in the order have shipped. No adjustments to a Member's Account will be made after thirty (30) days from the actual purchase date, except at GNC's sole discretion. GNC is the final authority on accrual and crediting of points and reserves the right to deny or revoke points at any time if GNC determines that they were improperly or mistakenly obtained, accrued or credited. GNC has the right, in its full and final discretion, to limit the aggregate number of points accrued on an annual basis.

Members do not accumulate points for the amount of any coupons redeemed or discounts applied to a purchase. Points may not be earned on the purchase of gift cards or on the purchase or renewal of a PRO ACCESS membership. Other exclusions and limitations may apply.

You can also earn Program points by accomplishing certain tasks while using our tool within our App. Our tool allows customers to track their health and wellness goals within the App and for specified tasks accomplished, Members will be rewarded with points. GNC reserves the right to limit the maximum number of points earned by an individual using the App. GNC reserves the right to change or cancel (a) the point value associated with any task, or (b) any task, at any time. See the tool within our App for a listing of the point earning tasks and associated point levels. 

GNC Routines Frequency of Orders Bonus Points 

Members who use GNC Routines will receive bonus points based on the frequency of their subscription orders.

The bonus points will be awarded as follows: 150 points after the third subscription order, 300 points after the sixth subscription order, 450 points after the ninth subscription order, and 600 points after the twelfth subscription order. For purposes of tracking the receipt of these bonus points, (a) the first subscription order will be the first subscription order made after December 1, 2022 and (b) one order means all products that are part of that particular subscription order on that particular day.

Once a customer has reached any of the four qualifying order fulfilments, bonus points will be added to their loyalty account within thirty days following the fulfilment of that order. In order to qualify for bonus points, the subscription order must be for a thirty-day frequency or more. Points are earned on each product in the subscription (e.g., if the customer has three products on a subscription, they receive the specified number of points for the period in question for each of those three products on the subscription).

This bonus point incentive resets back to month one after the customer’s twelfth subscription order.

If the customer cancels the subscription with regard to a particular product, the counting of their qualifying orders stops with regard to that particular product and they will revert to month one should they put that same product back on subscription in the future. If the customer pauses the subscription with regard to a particular product, the counting of their qualifying orders for that particular product remains intact, and will be added to if/once the subscription for that product is resumed.

Program Tiers

The Program consists of three tiers: Member, Silver, and Gold. The Member tier is free to join and the entry level tier. The Silver tier is attained once the Member reaches over $200 in spend with GNC. The Gold tier is attained once the Member reaches $500 in spend with GNC. Gold and Silver tier perks become available within 48 hours of attaining the applicable tier, as of 8/1/23. Gold tier status requires at least $500 in spend yearly, or status will be downgraded to Silver tier. Gold tier free shipping offer does not include drink cases. If a Member purchases a PRO ACCESS membership, they will no longer belong to a tier as the benefits of being a PRO Member are greater than in any tier. See https://www.gnc.com/live-well/MYGNC-rewards-landing.html for a full description of the benefits of each tier. GNC reserves the right to change or cancel the Program tiers terms at any time. 

Points Expiration and Non-Transferability

Except as otherwise set forth in this section, points expire three hundred and sixty-five (365) days from issuance so long as the Member has not been terminated or withdrawn from the Program. Members who have not purchased from GNC within the prior six months or longer may have expiring rewards points automatically converted into a reward certificate in which the Member will have a limited time to redeem such reward certificate. Points cannot be earned by a Member after the Program is terminated or the Member’s participation in the Program has been terminated, either by such Member or by GNC. Unless prohibited by law, unused Points automatically are forfeited upon termination of the Program or when a Member’s Program Account is cancelled or terminated or the Member’s participation in the Program otherwise is terminated.

Membership, points, Accounts, offers and reward certificates are nontransferable, have no cash value, may not be purchased, and are not redeemable for cash under any circumstances except as required by law. Accumulated points, offers and rewards certificates do not constitute property of the Member. Accumulated points and coupons are not transferable by the Member upon death, as part of a domestic relations matter, or otherwise. Points and other benefits of the Program may be taxable where required by law. Accrual and redemption of Points are void where prohibited by applicable laws or regulations and are subject to change as may be necessary to comply with such laws or regulations.

Entities or persons using the Program for profit are not eligible to become Members or to accumulate points.

Points Redemption, Reward Redemption, Redemption, and Other Benefits

A Member will earn a $5 USD reward (each, a “Reward”) every time the Member earns one hundred and fifty (150) points. At your option, you may choose for each Reward to auto-issue to you once you have earned the points necessary for the Reward or you may choose to “bank” your points and have a Reward issued to you at a time of your choosing. If you choose to auto-issue your Rewards, GNC will automatically issue you a Reward every time you earn one hundred and fifty (150) points. If you choose to activate a Reward at a time of your choosing, GNC will issue the Reward according to your instructions. If you choose to bank your points, the maximum amount of points that may be redeemed for a Reward at any one time is 1,500. In the event you do not affirmatively choose between auto-issuing or “banking” your points, your Account will have a default setting to auto-issue a Reward every time you earn one hundred and fifty (150) points.

You will be sent an account statement on a monthly basis by email, at the email address registered with your Account, which will reflect the status of your Account. We suggest adding GNC.com to the approved senders list in any spam filter you are using. We have no responsibility for ensuring that you receive emails we send to you. Upon issuing a Reward, GNC will deduct the applicable number of points from your Member Account. The corresponding Reward will appear in your Online Account and there will be a code assigned to each Reward that you can use to redeem the Reward. Rewards can be used in participating GNC retail locations and online at www.gnc.com. Rewards may not be used at third-party stores which sell GNC products. To redeem your Reward at a GNC physical store, you must provide the telephone number or email address associated with your Account at the time of purchase. To redeem your Reward online on the Website or via the App, you need to log-in to your Account.

REWARDS EXPIRE THIRTY (30) DAYS FROM THEIR DATE OF ISSUE for MYGNC Rewards members and 60 DAYS FROM THEIR DATE OF ISSUE for PRO ACCESS members, SO REMEMBER TO USE THEM PROMPTLY. 

You can use as many Rewards as you wish, and may combine up to ten (10) Rewards into a single transaction, as long as the Rewards have not yet expired. Rewards cannot be used for gift cards, prior purchases, or donations.

 

NO PARTIAL REDEMPTIONS. If the price of merchandise you wish to purchase is more than the value of a Reward, you will need to pay for the remaining cost of the product. IF THE PRICE OF MERCHANDISE YOU WISH TO PURCHASE IS LESS THAN THE VALUE OF THE REWARD, THE REMAINING VALUE OF THE REWARD WILL BE SACRIFICED AND CANNOT BE USED TOWARDS A FUTURE PURCHASE. 

NO REISSUE OF REWARDS OR POINTS UPON RETURNS. WE WILL NOT RETURN OR REISSUE TO YOU ANY REWARDS YOU USED TO PURCHASE MERCHANDISE, OR RESTORE POINTS TO YOUR PROGRAM ACCOUNT, IF OR WHEN YOU RETURN THE MERCHANDISE TO US. IF THE TRANSACTION REQUIRED YOU TO PAY ANYTHING ABOVE AND BEYOND THE REWARD AMOUNT, WE WILL REFUND THE AMOUNT YOU ACTUALLY PAID TOWARD THE TRANSACTION. 

Additional exclusions and limitations related to Rewards may be specified at the discretion of GNC. Members may be notified of additional eligible and ineligible merchandise at the point of redemption. 

Rewards Exclusions 

Rewards cannot be used to purchase gift cards. Rewards cannot be used on past purchases. Additional exclusions and limitations related to Rewards may be specified at the discretion of GNC. Members may be notified of additional eligible and ineligible merchandise at the point of redemption. 

No Resale of Products

Products purchased or obtained under the Program are for Members’ personal use only. Members are prohibited from reselling any product acquired under the Program (including eligible products purchased to accumulate points and eligible products acquired through the redemption of a Reward). Should a Member resell any product purchased or otherwise obtained pursuant to the Program, GNC reserves its rights to take any and all actions it deems necessary to address such violation, including, but not limited to, terminating the Member’s Membership and forfeiture of the Member’s points accrued in the Program.

Returns

If you return merchandise, the Points you had earned from the purchase of that merchandise will be deducted from your Points balance. Except as may be required by law, in the event that Member returns merchandise that was partially or wholly paid for with a coupon(s), the coupon(s) and points used in connection with the purchase will not be reissued. Negative Point balances never expire, but a Member can move into a positive Point balance by making purchases or engaging in any other announced activities which can be used to earn Points.

PRO ACCESS Membership

At time of enrollment, or at any time after initial enrollment, a Member may purchase a PRO ACCESS membership by visiting a store location or online at the Website or via the App (a “PRO Member” or “PRO Membership”). PRO Members receive 15% Cash Back Rewards points on their entire purchase when enrolling into the program, or renewing their membership in the program. Membership in the PRO ACCESS level is subject to these T&C as revised or amended at any time pursuant to the terms herein. A PRO Member is entitled to the following benefits, which may be revised or amended at any time: (a) 10% Cash Back Rewards points every purchase, (b) access to exclusive PRO Member sales, (c) 1 free GNC-brand bar or drink single with any purchase in a participating GNC store, every month, (d) free expedited shipping to destinations within the continental United States all year for purchases made at www.gnc.com or the App except for drink cases. Additionally, except as noted in the succeeding sentence, PRO Membership includes access to GNC Health Services, including select free virtual primary and urgent care telehealth services and select free Rx medications. The virtual care services of GNC Health Services are not available in any US territory. GNC reserves the right to extend this offering, or additional GNC Health services at a fee to PRO Members or MYGNC Rewards members. In the event a PRO Member does not timely pay to renew the annual PRO Membership, such Member’s account will be changed to reflect membership in the free Program and such Member will no longer receive the benefits of the PRO Membership. Depending on the annualized spend while being a PRO Member, customer will at minimum revert to Silver tier status, or if $500 or greater was spent, revert to Gold tier. This revision for failure to renew a PRO Membership will not result in the loss of accumulated points or applicable expiration dates.

PRO ACCESS Membership Auto-Renewal

When you agree to enter into our PRO ACCESS Membership auto-renewal program, you authorize your payment method to be charged the current PRO ACCESS Membership fee plus any applicable taxes and also authorize your payment method to be automatically charged the then current PRO ACCESS Membership fee in the future on an annual basis, plus any applicable taxes.

You can cancel this subscription at any time by accessing your Account page after log in on the Website or the App, or by calling 1.866.214.2469. Cancellations must occur prior to the expiration of your membership year, in order to ensure that the recurring charge will not be applied. There are no refunds or credits for partial months if you choose to cancel before the end of any subscription year. For any PRO ACCESS Membership with auto-renewal, the Member is responsible for maintaining accurate and up-to-date payment information with GNC. If a payment is unsuccessful, GNC may suspend the Member’s access to the relevant paid features associated with the PRO ACCESS Membership until the Member provides a valid payment method. GNC reserves the right, at its sole discretion, to terminate a PRO ACCESS Membership if the applicable membership fee plus any applicable taxes are not timely paid by the Member, whether via auto-renewal or otherwise.

Cancellation

A Member may cancel his or her Membership by notifying Customer Service by mail, telephone or via the Website or App. GNC, in its sole discretion, reserves the right to cancel an individual Membership. Cancellation of Membership results in loss of all accumulated points. Members who cancel voluntarily may not re-activate the Account but are eligible to open a new Account without the benefit of the previously accumulated points. You may not earn or redeem points after cancellation. Please note that, in some cases, you may continue receiving messages, including messages that were scheduled for delivery prior to cancellation, for a brief period of time after you cancel your Membership. The purchase price for a PRO Membership is non-refundable.

Changes, Termination, And/Or Removal From Program

GNC may, in its sole discretion, alter, limit, or modify the Program rules, regulations, benefits, eligibility for Membership, or any other feature of the Program (including assigning any of its obligations to customers under the Program at any time to another person or entity, without recourse) or may terminate the Program any time at its sole discretion, by posting any such changes on the Website or App.

GNC reserves the right to exclude individuals from the Program in its sole discretion at any time and for any reason without liability to us. Any abuse of the Program, failure to follow these T&C or any other terms of the Program, Membership inactivity for more than twelve (12) months, any misrepresentation or any conduct detrimental to the interests of GNC, including without limitation any attempt by you to accrue points or redeem points for the Program fraudulently or through other than legitimate channels or tamper with the points accrual or redemption process or your violation of applicable law may result in revocation of your Membership and future disqualification from participation and forfeiture of all points accrued in the Program. Membership is non-transferable and Membership purchases must be made by the Member. If your Membership is revoked or otherwise cancelled, any points in your account will automatically expire. In connection with the enforcement of any of the T&C governing the Program, GNC reserves the right to take appropriate legal action, as it deems necessary, and to recover damages, attorneys' fees and court costs. The failure to exercise or enforce any right hereunder or any other provision of this T&C shall not constitute a waiver of such right or provision unless acknowledged and agreed to by GNC in writing.

Legal Terms

Entire Agreement. These T&C, and any other documents and policies referenced herein, constitute the complete and exclusive understanding between GNC and Member relating to the subject matter hereof and supersedes any prior versions of these T&C as well as all prior or contemporaneous understandings, agreements, communications, and/or advertising with respect to such subject matter. 

Proprietary Rights. You acknowledge that Program content (including but not limited to text, sound, photographs, graphics, button icons, digital downloads, data compilations (including Member and GNC information) logos or other material contained in any GNC communication, advertisement or message, whether by GNC or its advertisers), information about GNC and its products and services, copyrights, trademarks, service marks, trade names, and software are protected by copyright, trademark, service marks, patents and/or other proprietary rights and laws; therefore, any such content may be displayed solely for your personal, non-commercial use. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material without the written permission of GNC or its appropriate affiliate or licensor. GNC does not license any sponsor, advertiser, partner, Member or user to use any portion, or all, of the Program without our express prior written consent. 

Notices. Notices given by GNC will be transmitted, in our sole discretion, by e-mail or regular mail to the addresses on file with your Account, or by general posting on the Program website or at our retail stores. 

Waiver of Claims. Participation in the Program and any of its associated benefits, including the Program Rewards, is at Member’s sole risk. The Program Rewards and other Program benefits are provided only on an “as is” and “as available” and “with all faults” basis. Member hereby releases and waives any and all claims against GNC and its parents, subsidiaries, and affiliates, and each of their employees, directors, officers, members, shareholders, agents, vendors and contractors (collectively, the “Program Providers”) arising out of, or in connection with, Member’s enrollment or participation in the Program, the availability, redemption, or use of any Program Reward, the information available thereon, the modification or termination of this Program or any aspect of the Program. 

Severability. If any provision of these Terms and Conditions or portion of a provision is held to be unlawful, void or for any reason unenforceable, that provision (or portion of the provision), to the extent required, will be severed from these Terms and Conditions but such severance will not affect the validity and enforceability of the remaining provisions of these Terms and Conditions.

Limitation of Liability. The Program Providers shall not be liable to Member or anyone else for any loss or injury or any direct, indirect, incidental, consequential, special, punitive or similar damages, including, but not limited to, loss of profits, goodwill, use, data or other intangible losses, arising out of Member’s (i) access or use of, or inability to access or use, the Program or the Program Rewards, (ii) unauthorized access to or alteration of Member’s Program account data, including points, (iii) access or use of, or inability to access or use, information made available through the Program or arising out of any action taken in response to or as a result of any information available through the Program, or (iv) any other matter relating to the Program. In addition, GNC is not responsible, and assume no liability, for any changes or discontinuances of goods or service from our suppliers, which may affect the availability of Program Rewards or the accrual of points. In no event will the Program Parties’ total liability to you for all damages, losses or causes of action exceed $50 USD or the value of any redeemed Program Reward that is subject to such damage, loss or cause of action, whichever is less. 

Disclaimer of Warranties. The Program Providers expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement, warranties related to the availability and use of Program Rewards, and any warranties that the Program will be uninterrupted, timely or error free or that defects will be corrected. No advice or information, whether oral or written, obtained by a Member from or through the Program or GNC shall create any warranty not expressly made herein. GNC shall not be liable or responsible for any guarantees, warranties or representations, if any, offered by advertisers, manufacturers of merchandise, or suppliers of services. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental, consequential or other damages. Accordingly, some of the above limitations and exclusions may not apply to you. 

Indemnification. You agree to indemnify and hold the Program Providers harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (i) your participation in the Program, (ii) your use of any Program Reward, or (iii) your violation of this Agreement. You understand, acknowledge and agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Program or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. 

Choice of Law; Jurisdiction. These T&C will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to the Program will be brought only in the federal or state courts in Allegheny County, Pennsylvania. A printed version of these T&C will be admissible in judicial and administrative proceedings based upon or relating to these T&C to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 

General. Our failure to exercise or enforce any right or provision of these T&C shall not constitute a waiver of such right or provision by us. If any provision of these T&C is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of our T&C remain in full force and effect. By participating in the Program, you affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these T&C, and to abide by and comply with these T&C. 

Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND HOW CLAIMS THAT YOU AND GNC HAVE AGAINST EACH OTHER ARE RESOLVED.

This Section is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and GNC agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement. 

We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these T &C, if youpr have any dispute or disagreement with us regarding (i) your use of or interaction with the Program, (ii) any purchases or other transactions or relationships with GNC, or (iii) any data or information you may provide to GNC or that GNC may gather in connection with such use, interaction or transaction (collectively, “GNC Transactions or Relationships”), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Program, or engaging in any other GNC Transactions or Relationships with us, you agree to binding arbitration as provided below. 

We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using our Program, you agree that any complaint, dispute, or disagreement you may have against GNC, and any claim that GNC may have against you, arising out of, relating to, or connected in any way with these T&C, our Privacy Policy, or any GNC Transactions or Relationships shall be resolved exclusively by final and binding arbitration (“Arbitration”) administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the “Applicable Rules”). The Applicable Rules can be found at www.jamsadr.com. If JAMS is no longer in existence, the Arbitration shall be administered by the American Arbitration Association or its successor (the “AAA”) instead, and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (which shall be the “Applicable Rules” in such circumstances). If JAMS (or, if applicable, AAA) at the time the arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations in effect which would be applicable to the matter in dispute, GNC agrees to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth in this Section, provided, however, that in no event may such Minimum Standards contravene or restrict the application of subpart (e) or (i) below. Furthermore, this Section shall not prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. You further agree that:

(a) Single Arbitrator. The Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and GNC (the “Arbitrator”); 

(b) Arbitrator Will Interpret This Agreement. The Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these T&C and/or these arbitration provisions in this Section hereof, including but not limited to any claim that all or any part of these T&C is void or voidable; 

(c) Location of Arbitration. The Arbitration shall be held either: (i) at a location determined by JAMS (or, if applicable, AAA) pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and GNC; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission. 

(d) Governing Law. The Arbitrator (i) shall apply internal laws of the Commonwealth of Pennsylvania consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with Pennsylvania or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief; 

(e) No Class Relief. The Arbitration can resolve only your and/or GNC’s individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated; 

(f) Written Award. The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets; 

(g) Arbitration Costs. In the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, GNC will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith; 

(h) Reasonable Attorney’s Fees. In the event you recover an Award greater than GNC’s last written settlement offer, the Arbitrator shall also have the right to include in the Award GNC’s reimbursement of your reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration, but GNC shall in all events bear its own attorneys’ fees; and 

(i) Interpretation and Enforcement of Arbitration Clause. With the exception of subpart (e) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (e) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor GNC shall be entitled to arbitrate their dispute, and must instead bring any claims in a court of competent jurisdiction. 

(j) Modification of Arbitration Clause With Notice. GNC may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after GNC has given notice of such modifications and only on a prospective basis for claims arising from GNC Transactions and Relationships occurring after the effective date of such notification. 

(k) Small Claims Matters are Excluded. No Class Relief or Joinder of Claims. Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim you have against GNC in your local small claims court within the U.S., if your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.

GNC Gift Card Terms and Conditions

Last Updated: November 20, 2020

PLEASE READ THESE GNC GIFT CARD TERMS AND CONDITIONS (“Terms”) CAREFULLY, THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS INCLUDING MANDATORY ARBITRATION, NO CLASS RELIEF, AND WAIVER OF YOUR RIGHT TO A JURY TRIAL. 

GNC Gift cards (“Gift Card”) are available for redemption online at gnc.com or at GNC retail stores. Please contact GNC Customer Service (1-877-GNC-4700) for assistance with an existing Gift Card. By purchasing or redeeming a Gift Card, you agree to the terms of GNC’s Terms and Conditions and Privacy Statement.  These Terms may be periodically amended or updated by us at any time without notice. Any updated Terms replace all previously-published Terms. You have the responsibility to check for any updates to these Terms.  

Purchasing a Gift Card on GNC.com: 
Simply select a Gift Card Value and Design on the GNC E-Gift Card Product Page and enter the Recipient information such as First Name, Last Name, Email Address, and Personal Message (optional).

Redeeming a Gift Card at a GNC retail store:
At the register, present the Gift Card as you would any other form of payment. The amount you spend will be deducted from your Gift Card balance.

Redeeming a Gift Card online on GNC.com:
At Checkout under the “COUPONS & REWARDS” section, enter in your card Gift Card Number and Access # found on your e-Gift Card or physical Gift Card.

Gift Card Balance
You may check your balance by calling GNC Customer Service. Please have your Gift Card number and PIN with you.

Rules and Regulations for Gift Cards:
•    You cannot purchase a Gift Card using another Gift Card.
•    If the amount of your Gift Card(s) does NOT cover the total purchase amount, you will need to pay for the remainder of the purchase with a valid form of payment.
•    If the starting balance of your Gift Card is GREATER the total order amount, the remaining balance will be stored on your Gift Card account for future use.
•    Gift Cards are non-refundable and are not redeemable for cash except as required by law.
•    We cannot replace lost or stolen Gift Cards.
•    myGNC Rewards points cannot be earned on the purchase of Gift Card. 
•    myGNC Rewards points cannot be used to purchase Gift Cards. 
•    GNC does not deduct service fees on Gift Cards. 
•    Other exclusions may apply.
•    If you have any additional questions, please contact GNC Customer Service at the number above.


Legal Terms

Entire Agreement. These Terms, and any other documents and policies referenced herein, constitute the complete and exclusive understanding between GNC and you relating to the subject matter hereof and supersedes any prior versions of these Terms, as well as all prior or contemporaneous understandings, agreements, communications, and/or advertising with respect to such subject matter. 

Notices. Notices given by GNC will be transmitted, in our sole discretion, by e-mail or regular mail to the addresses on file with your Account, or by general posting on our website or at our retail stores. 


Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND HOW CLAIMS THAT YOU AND GNC HAVE AGAINST EACH OTHER ARE RESOLVED. 

This Section is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and GNC agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement. 

We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these Terms, if you have any dispute or disagreement with us regarding (i) your purchase or use of a gift card, (ii) any purchases or other transactions or relationships with GNC, or (iii) any data or information you may provide to GNC or that GNC may gather in connection with such use, interaction or transaction (collectively, “GNC Transactions or Relationships”), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Program, or engaging in any other GNC Transactions or Relationships with us, you agree to binding arbitration as provided below. 

We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by purchasing or using a gift card, you agree that any complaint, dispute, or disagreement you may have against GNC, and any claim that GNC may have against you, arising out of, relating to, or connected in any way with these Terms, our Privacy Policy, or any GNC Transactions or Relationships shall be resolved exclusively by final and binding arbitration (“Arbitration”) administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the “Applicable Rules”). The Applicable Rules can be found at www.jamsadr.com. If JAMS is no longer in existence, the Arbitration shall be administered by the American Arbitration Association or its successor (the “AAA”) instead, and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (which shall be the “Applicable Rules” in such circumstances). If JAMS (or, if applicable, AAA) at the time the arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations in effect which would be applicable to the matter in dispute, GNC agrees to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth in this Section, provided, however, that in no event may such Minimum Standards contravene or restrict the application of subpart (e) or (i) below. Furthermore, this Section shall not prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. You further agree that: 

(a) Single Arbitrator. The Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and GNC (the “Arbitrator”); 

(b) Arbitrator Will Interpret This Agreement. The Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these Terms and/or these arbitration provisions in this Section hereof, including but not limited to any claim that all or any part of these Terms is void or voidable; 

(c) Location of Arbitration. The Arbitration shall be held either: (i) at a location determined by JAMS (or, if applicable, AAA) pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and GNC; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission. 

(d) Governing Law. The Arbitrator (i) shall apply internal laws of the Commonwealth of Pennsylvania consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with Pennsylvania or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief; 

(e) No Class Relief. The Arbitration can resolve only your and/or GNC’s individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated; 

(f) Written Award. The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets; 

(g) Arbitration Costs. In the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, GNC will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith; 

(h) Reasonable Attorney’s Fees. In the event you recover an Award greater than GNC’s last written settlement offer, the Arbitrator shall also have the right to include in the Award GNC’s reimbursement of your reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration, but GNC shall in all events bear its own attorneys’ fees; and 

(i) Interpretation and Enforcement of Arbitration Clause. With the exception of subpart (e) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (e) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor GNC shall be entitled to arbitrate their dispute, and must instead bring any claims in a court of competent jurisdiction. 

(j) Modification of Arbitration Clause With Notice. GNC may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after GNC has given notice of such modifications and only on a prospective basis for claims arising from GNC Transactions and Relationships occurring after the effective date of such notification. 

(k) Small Claims Matters are Excluded. No Class Relief or Joinder of Claims. Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim you have against GNC in your local small claims court within the U.S., if your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.

 

GHOST HYDRATION X GNC GIVEAWAY | 2.04.24

OFFICIAL RULES

 

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. OPEN ONLY TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND D.C., AGE 18 OR OLDER. VOID WHERE PROHIBITED. U.S. LAW GOVERNS THIS SWEEPSTAKES. NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

 

ELIGIBILITY: To participate, you must be a legal resident of the 50 United States or the District of Columbia and be at least 18 years of age at time of entry. Employees of GNC, Facebook, Inc., their affiliates, subsidiaries, advertising and promotion agencies, vendors, employees and immediate family of such employees (defined as spouse, IRS dependent, or biological, adoptive or step-mother, father, sister, brother, daughter or son, and each of their respective spouses), or those who reside in the same household as any person in any of the preceding categories, are not eligible to participate. Void outside the 50 United States and D.C. and where prohibited.

 

HOW TO ENTER: The entry period for the GHOST HYDRATION X GNC GIVEAWAY post will be the length of 5 days. The giveaway will be going live at 9 a.m. PST | 12 p.m. EST on Sunday 02/04/24 and close entries at 11:59 p.m. PST | 2:59 a.m. EST on Friday 02/09/24. To enter, during the Entry Period, participants must comment on the designated sweepstakes Instagram Post meeting the requirements in post copy. No purchase is necessary.

 

WINNER SELECTION AND NOTIFICATION: On Monday 02/12/24, (5) Five winners will be selected and notified in the form of a response via the comments section of the GHOST HYDRATION X GNC Giveaway post. Winners from each giveaway may be required to complete and return to Sponsor an Affidavit of Eligibility/Release of Liability, and, if legally permissible, a Publicity Release within the specified time period. If winners fail to respond within 24 hours, or if any attempted notification or prize delivery is returned as undeliverable, or if a potential winner fails to complete and return any required affidavit or

release within the specified time period, the potential winner may be disqualified and an alternate winner selected. If a potential winner is a minor under the laws of his or her jurisdiction of residency, Sponsor reserves the right in its discretion to award the prize to a parent or legal guardian and/or to require a parent or legal guardian to complete any required Affidavit/Release.

 

 

PRIZE(S): Winners will receive a GHOST PR box.

 

 

GENERAL PRIZE TERMS AND CONDITIONS: All federal, state, local taxes on prize value, if applicable, are the responsibility of the winner. An IRS form 1099 will be issued if required by law. The prizes will be awarded if properly claimed. No substitution, cash redemption or transfer of the right to receive a prize is permitted, except in the discretion of Sponsor, which reserves the right to substitute a prize of equal or greater value. Prizes consist only of those items expressly specified in these Official Rules as being part of the prize. All expenses or costs associated with the acceptance or use of the prize are the

responsibility of the winner. Prizes are awarded “as is” and without any warranty, except as required by law.

 

TERMS AND CONDITIONS: No transfer, substitution or cash value equivalent for any prize is available, except at sole discretion of Sponsor. This Sweepstakes is subject to all applicable federal, state, and local laws. All federal, state, or other tax liabilities, if applicable, are the sole responsibility of the prize winner. By participating, entrants agree to be bound by these Official Rules and the decisions of the

Sponsor, judges and Independent Sweepstakes Administrator, and waive any right to claim ambiguity in regard to the Sweepstakes mechanics, and/or the interpretation of these Official Rules.

RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, participants agree to release and hold harmless Sponsor, Facebook and any vendors/prize providers and their related companies, subsidiaries, affiliates, directors, officers, employees, and agents from any and all liability for any injuries, loss, or damage of any kind arising from or in connection with this Sweepstakes or any prize won, including any injuries, loss or damage of any kind arising from or in connection with participation in the Sweepstakes. Sponsor is not responsible for any typographical or other error in the printing of this offer, administration of the Sweepstakes or in the announcement of prizes. In the event Sponsor is prevented from continuing with this Sweepstakes, or the integrity and/or feasibility of the Sweepstakes is undermined by any event including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor's control (each a "Force Majeure" event or occurrence), Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel, or terminate the Sweepstakes without further obligation and, if so, Sponsor reserves the right, but not the obligation, to award the prize from among all valid and eligible entries received up to the time of such Force Majeure event. All entries are the property of Sponsor and are not returnable.

 

DISPUTES: The laws of the Commonwealth of Pennsylvania (USA), without regard to its conflict of law rules, will govern this Sweepstakes and the Official Rules. Entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes and the Official Rules or any prize awarded shall be brought and resolved individually, without resort to any form of class action, and exclusively in the state and federal courts located in Allegheny County, Pennsylvania (USA).

 

Winners List and Official Rules: Winner may be posted on Instagram after winner is notified and eligibility is confirmed. To obtain a copy of these Official Rules or a list of winners via mail, send a self- addressed, stamped envelope to: GNC Holdings LLC, 75 Hopper Place Suite 501, Pittsburgh, PA 15222

 

Attention: GHOST HYDRATION X GNC GIVEAWAY

 

SPONSOR: GNC Holdings LLC, 75 Hopper Place Suite 501, Pittsburgh, PA 15222. This promotion is in no way sponsored, endorsed or administered by, or associated with Instagram. You understand that you are providing your information to the owner of this Instagram page and not to Instagram. Any questions, comments or complaints regarding the Sweepstakes should be directed to GNC’s Social Media department.

Copyright ©2023 GNC.  All rights reserved.

GNC | CODEAGE X GNC GIVEAWAY | 2.12.24

OFFICIAL RULES

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. OPEN ONLY TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND D.C., AGE 18 OR OLDER. VOID WHERE PROHIBITED. U.S. LAW GOVERNS THIS SWEEPSTAKES. NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

 

ELIGIBILITY: To participate, you must be a legal resident of the 50 United States or the District of Columbia and be at least 18 years of age at time of entry. Employees of GNC, Facebook, Inc., their affiliates, subsidiaries, advertising and promotion agencies, vendors, employees and immediate family of such employees (defined as spouse, IRS dependent, or biological, adoptive or step-mother, father, sister, brother, daughter or son, and each of their respective spouses), or those who reside in the same household as any person in any of the preceding categories, are not eligible to participate. Void outside the 50 United States and D.C. and where prohibited.

 

HOW TO ENTER: The entry period for the CODEAGE X GNC GIVEAWAY post will be the length of 5 days. The giveaway will be going live at 9 a.m. PST | 12 p.m. EST on Monday 02/12/24 and close entries at 11:59 p.m. PST | 2:59 a.m. EST on Saturday 02/17/24. To enter, during the Entry Period, participants must comment on the designated sweepstakes Instagram Post meeting the requirements in post copy. No purchase is necessary.

 

WINNER SELECTION AND NOTIFICATION: On Monday 02/19/24, (5) Five winners will be selected and notified in the form of a response via the comments section of the CODEAGE X GNC Giveaway post. Winners from each giveaway may be required to complete and return to Sponsor an Affidavit of Eligibility/Release of Liability, and, if legally permissible, a Publicity Release within the specified time period. If winners fail to respond within 24 hours, or if any attempted notification or prize delivery is returned as undeliverable, or if a potential winner fails to complete and return any required affidavit or

release within the specified time period, the potential winner may be disqualified and an alternate winner selected. If a potential winner is a minor under the laws of his or her jurisdiction of residency, Sponsor reserves the right in its discretion to award the prize to a parent or legal guardian and/or to require a parent or legal guardian to complete any required Affidavit/Release.

 

PRIZE(S): Winners will receive a Codeage Prize Package.

 

GENERAL PRIZE TERMS AND CONDITIONS: All federal, state, local taxes on prize value, if applicable, are the responsibility of the winner. An IRS form 1099 will be issued if required by law. The prizes will be awarded if properly claimed. No substitution, cash redemption or transfer of the right to receive a prize is permitted, except in the discretion of Sponsor, which reserves the right to substitute a prize of equal or greater value. Prizes consist only of those items expressly specified in these Official Rules as being part of the prize. All expenses or costs associated with the acceptance or use of the prize are the

responsibility of the winner. Prizes are awarded “as is” and without any warranty, except as required by law.

 

TERMS AND CONDITIONS: No transfer, substitution or cash value equivalent for any prize is available, except at sole discretion of Sponsor. This Sweepstakes is subject to all applicable federal, state, and local laws. All federal, state, or other tax liabilities, if applicable, are the sole responsibility of the prize winner. By participating, entrants agree to be bound by these Official Rules and the decisions of the

Sponsor, judges and Independent Sweepstakes Administrator, and waive any right to claim ambiguity in regard to the Sweepstakes mechanics, and/or the interpretation of these Official Rules.

RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, participants agree to release and hold harmless Sponsor, Facebook and any vendors/prize providers and their related companies, subsidiaries, affiliates, directors, officers, employees, and agents from any and all liability for any injuries, loss, or damage of any kind arising from or in connection with this Sweepstakes or any prize won, including any injuries, loss or damage of any kind arising from or in connection with participation in the Sweepstakes. Sponsor is not responsible for any typographical or other error in the printing of this offer, administration of the Sweepstakes or in the announcement of prizes. In the event Sponsor is prevented from continuing with this Sweepstakes, or the integrity and/or feasibility of the Sweepstakes is undermined by any event including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor's control (each a "Force Majeure" event or occurrence), Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel, or terminate the Sweepstakes without further obligation and, if so, Sponsor reserves the right, but not the obligation, to award the prize from among all valid and eligible entries received up to the time of such Force Majeure event. All entries are the property of Sponsor and are not returnable.

 

DISPUTES: The laws of the Commonwealth of Pennsylvania (USA), without regard to its conflict of law rules, will govern this Sweepstakes and the Official Rules. Entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes and the Official Rules or any prize awarded shall be brought and resolved individually, without resort to any form of class action, and exclusively in the state and federal courts located in Allegheny County, Pennsylvania (USA).

 

Winners List and Official Rules: Winner may be posted on Instagram after winner is notified and eligibility is confirmed. To obtain a copy of these Official Rules or a list of winners via mail, send a self- addressed, stamped envelope to: GNC Holdings LLC, 75 Hopper Place Suite 501, Pittsburgh, PA 15222

 

Attention: CODEAGE X GNC GIVEAWAY

 

SPONSOR: GNC Holdings LLC, 75 Hopper Place Suite 501, Pittsburgh, PA 15222. This promotion is in no way sponsored, endorsed or administered by, or associated with Instagram. You understand that you are providing your information to the owner of this Instagram page and not to Instagram. Any questions, comments or complaints regarding the Sweepstakes should be directed to GNC’s Social Media department

Copyright ©2023 GNC.  All rights reserved.

GNC | GNC "5 Days of Giving" HoPWO GIVEAWAY | 12.13.23

OFFICIAL RULES   

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES.  OPEN ONLY TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND D.C., AGE 18 OR OLDER.  VOID WHERE PROHIBITED. U.S. LAW GOVERNS THIS SWEEPSTAKES. NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.  

ELIGIBILITY: To participate, you must be a legal resident of the 50 United States or the District of Columbia and be at least 18 years of age at time of entry. Employees of GNC, Facebook, Inc., their affiliates, subsidiaries, advertising and promotion agencies, vendors, employees and immediate family of such employees (defined as spouse, IRS dependent, or biological, adoptive or step-mother, father, sister, brother, daughter or son, and each of their respective spouses), or those who reside in the same household as any person in any of the preceding categories, are not eligible to participate. Void outside the 50 United States and D.C. and where prohibited.  

HOW TO ENTER: The entry period for the GNC x 5 Days of Giving HoPWO post will be the length of five days. The giveaway will be going live at 9 a.m. PST | 12 p.m. EST on Wednesday 12/13/23 and close entries at 11:59 p.m. PST | 2:59 a.m. EST on Sunday 12/17/23. To enter, during the Entry Period, participants must comment on the designated sweepstakes Instagram Post meeting the requirements in post copy. No purchase is necessary.

WINNER SELECTION AND NOTIFICATION: On Monday 12/18/23, (5) Five winners will be selected and notified in the form of a response via the comments section of the GNC 5 Days of Giving HoPWO post. Winners from each giveaway may be required to complete and return to Sponsor an Affidavit of Eligibility/Release of Liability, and, if legally permissible, a Publicity Release within the specified time period. If winners fail to respond within 24 hours, or if any attempted notification or prize delivery is returned as undeliverable, or if a potential winner fails to complete and return any required affidavit or release within the specified time period, the potential winner may be disqualified and an alternate winner selected. If a potential winner is a minor under the laws of his or her jurisdiction of residency, Sponsor reserves the right in its discretion to award the prize to a parent or legal guardian and/or to require a parent or legal guardian to complete any required Affidavit/Release.

PRIZE(S): Winners will receive a GNC HoPWO prize package including an assortment of pre workout products from various brands.

GENERAL PRIZE TERMS AND CONDITIONS: All federal, state, local taxes on prize value, if applicable, are the responsibility of the winner. An IRS form 1099 will be issued if required by law. The prizes will be awarded if properly claimed. No substitution, cash redemption or transfer of the right to receive a prize is permitted, except in the discretion of Sponsor, which reserves the right to substitute a prize of equal or greater value. Prizes consist only of those items expressly specified in these Official Rules as being part of the prize. All expenses or costs associated with the acceptance or use of the prize are the responsibility of the winner. Prizes are awarded “as is” and without any warranty, except as required by law.  

TERMS AND CONDITIONS: No transfer, substitution or cash value equivalent for any prize is available, except at sole discretion of Sponsor. This Sweepstakes is subject to all applicable federal, state, and local laws. All federal, state, or other tax liabilities, if applicable, are the sole responsibility of the prize winner. By participating, entrants agree to be bound by these Official Rules and the decisions of the Sponsor, judges and Independent Sweepstakes Administrator, and waive any right to claim ambiguity in regard to the Sweepstakes mechanics, and/or the interpretation of these Official Rules.  

RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, participants agree to release and hold harmless Sponsor, Facebook and any vendors/prize providers and their related companies, subsidiaries, affiliates, directors, officers, employees, and agents from any and all liability for any injuries, loss, or damage of any kind arising from or in connection with this Sweepstakes or any prize won, including any injuries, loss or damage of any kind arising from or in connection with participation in the Sweepstakes. Sponsor is not responsible for any typographical or other error in the printing of this offer, administration of the Sweepstakes or in the announcement of prizes. In the event Sponsor is prevented from continuing with this Sweepstakes, or the integrity and/or feasibility of the Sweepstakes is undermined by any event including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor's control (each a "Force Majeure" event or occurrence), Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel, or terminate the Sweepstakes without further obligation and, if so, Sponsor reserves the right, but not the obligation, to award the prize from among all valid and eligible entries received up to the time of such Force Majeure event. All entries are the property of Sponsor and are not returnable.  

DISPUTES: The laws of the Commonwealth of Pennsylvania (USA), without regard to its conflict of law rules, will govern this Sweepstakes and the Official Rules. Entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes and the Official Rules or any prize awarded shall be brought and resolved individually, without resort to any form of class action, and exclusively in the state and federal courts located in Allegheny County, Pennsylvania (USA).  

Winners List and Official Rules: Winner may be posted on Instagram after winner is notified and eligibility is confirmed. To obtain a copy of these Official Rules or a list of winners via mail, send a self-addressed, stamped envelope to: GNC Holdings LLC, 75 Hopper Place Suite 501, Pittsburgh, PA 15222

Attention: GNC “5 Days of Giving” HoPWO GIVEAWAY | 12.13.23

SPONSOR: GNC Holdings LLC, 75 Hopper Place Suite 501, Pittsburgh, PA 15222. This promotion is in no way sponsored, endorsed or administered by, or associated with Instagram. You understand that you are providing your information to the owner of this Instagram page and not to Instagram. Any questions, comments or complaints regarding the Sweepstakes should be directed to GNC’s Social Media department.

Copyright ©2023 GNC.  All rights reserved.

GNC | GNC "5 Days of Giving" Beyond Raw GIVEAWAY | 12.14.23

OFFICIAL RULES   

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES.  OPEN ONLY TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND D.C., AGE 18 OR OLDER.  VOID WHERE PROHIBITED. U.S. LAW GOVERNS THIS SWEEPSTAKES. NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.  

ELIGIBILITY: To participate, you must be a legal resident of the 50 United States or the District of Columbia and be at least 18 years of age at time of entry. Employees of GNC, Facebook, Inc., their affiliates, subsidiaries, advertising and promotion agencies, vendors, employees and immediate family of such employees (defined as spouse, IRS dependent, or biological, adoptive or step-mother, father, sister, brother, daughter or son, and each of their respective spouses), or those who reside in the same household as any person in any of the preceding categories, are not eligible to participate. Void outside the 50 United States and D.C. and where prohibited.  

HOW TO ENTER: The entry period for the GNC x 5 Days of Giving Beyond Raw post will be the length of five days. The giveaway will be going live at 9 a.m. PST | 12 p.m. EST on Thursday 12/14/23 and close entries at 11:59 p.m. PST | 2:59 a.m. EST on Monday 12/18/23. To enter, during the Entry Period, participants must comment on the designated sweepstakes Instagram Post meeting the requirements in post copy. No purchase is necessary.

WINNER SELECTION AND NOTIFICATION: On Tuesday 12/19/23, (5) Five winners will be selected and notified in the form of a response via the comments section of the GNC 5 Days of Giving Beyond Raw post. Winners from each giveaway may be required to complete and return to Sponsor an Affidavit of Eligibility/Release of Liability, and, if legally permissible, a Publicity Release within the specified time period. If winners fail to respond within 24 hours, or if any attempted notification or prize delivery is returned as undeliverable, or if a potential winner fails to complete and return any required affidavit or release within the specified time period, the potential winner may be disqualified and an alternate winner selected. If a potential winner is a minor under the laws of his or her jurisdiction of residency, Sponsor reserves the right in its discretion to award the prize to a parent or legal guardian and/or to require a parent or legal guardian to complete any required Affidavit/Release.

PRIZE(S): Winners will receive a Beyond Raw prize package including an assortment of products.

GENERAL PRIZE TERMS AND CONDITIONS: All federal, state, local taxes on prize value, if applicable, are the responsibility of the winner. An IRS form 1099 will be issued if required by law. The prizes will be awarded if properly claimed. No substitution, cash redemption or transfer of the right to receive a prize is permitted, except in the discretion of Sponsor, which reserves the right to substitute a prize of equal or greater value. Prizes consist only of those items expressly specified in these Official Rules as being part of the prize. All expenses or costs associated with the acceptance or use of the prize are the responsibility of the winner. Prizes are awarded “as is” and without any warranty, except as required by law.  

TERMS AND CONDITIONS: No transfer, substitution or cash value equivalent for any prize is available, except at sole discretion of Sponsor. This Sweepstakes is subject to all applicable federal, state, and local laws. All federal, state, or other tax liabilities, if applicable, are the sole responsibility of the prize winner. By participating, entrants agree to be bound by these Official Rules and the decisions of the Sponsor, judges and Independent Sweepstakes Administrator, and waive any right to claim ambiguity in regard to the Sweepstakes mechanics, and/or the interpretation of these Official Rules.  

RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, participants agree to release and hold harmless Sponsor, Facebook and any vendors/prize providers and their related companies, subsidiaries, affiliates, directors, officers, employees, and agents from any and all liability for any injuries, loss, or damage of any kind arising from or in connection with this Sweepstakes or any prize won, including any injuries, loss or damage of any kind arising from or in connection with participation in the Sweepstakes. Sponsor is not responsible for any typographical or other error in the printing of this offer, administration of the Sweepstakes or in the announcement of prizes. In the event Sponsor is prevented from continuing with this Sweepstakes, or the integrity and/or feasibility of the Sweepstakes is undermined by any event including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor's control (each a "Force Majeure" event or occurrence), Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel, or terminate the Sweepstakes without further obligation and, if so, Sponsor reserves the right, but not the obligation, to award the prize from among all valid and eligible entries received up to the time of such Force Majeure event. All entries are the property of Sponsor and are not returnable.  

DISPUTES: The laws of the Commonwealth of Pennsylvania (USA), without regard to its conflict of law rules, will govern this Sweepstakes and the Official Rules. Entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes and the Official Rules or any prize awarded shall be brought and resolved individually, without resort to any form of class action, and exclusively in the state and federal courts located in Allegheny County, Pennsylvania (USA).  

Winners List and Official Rules: Winner may be posted on Instagram after winner is notified and eligibility is confirmed. To obtain a copy of these Official Rules or a list of winners via mail, send a self-addressed, stamped envelope to: GNC Holdings LLC, 75 Hopper Place Suite 501, Pittsburgh, PA 15222

Attention: GNC “5 Days of Giving” Beyond Raw GIVEAWAY | 12.14.23

SPONSOR: GNC Holdings LLC, 75 Hopper Place Suite 501, Pittsburgh, PA 15222. This promotion is in no way sponsored, endorsed or administered by, or associated with Instagram. You understand that you are providing your information to the owner of this Instagram page and not to Instagram. Any questions, comments or complaints regarding the Sweepstakes should be directed to GNC’s Social Media department.

Copyright ©2023 GNC.  All rights reserved.

GNC | GNC "5 Days of Giving" GHOST GIVEAWAY | 12.15.23

OFFICIAL RULES   

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES.  OPEN ONLY TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND D.C., AGE 18 OR OLDER.  VOID WHERE PROHIBITED. U.S. LAW GOVERNS THIS SWEEPSTAKES. NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.  

ELIGIBILITY: To participate, you must be a legal resident of the 50 United States or the District of Columbia and be at least 18 years of age at time of entry. Employees of GNC, Facebook, Inc., their affiliates, subsidiaries, advertising and promotion agencies, vendors, employees and immediate family of such employees (defined as spouse, IRS dependent, or biological, adoptive or step-mother, father, sister, brother, daughter or son, and each of their respective spouses), or those who reside in the same household as any person in any of the preceding categories, are not eligible to participate. Void outside the 50 United States and D.C. and where prohibited.  

HOW TO ENTER: The entry period for the GNC x 5 Days of Giving GHOST post will be the length of 4 days. The giveaway will be going live at 9 a.m. PST | 12 p.m. EST on Thursday 12/15/23 and close entries at 11:59 p.m. PST | 2:59 a.m. EST on Monday 12/18/23. To enter, during the Entry Period, participants must comment on the designated sweepstakes Instagram Post meeting the requirements in post copy. No purchase is necessary.

WINNER SELECTION AND NOTIFICATION: On Tuesday 12/19/23, (5) Five winners will be selected and notified in the form of a response via the comments section of the GNC 5 Days of Giving GHOST post. Winners from each giveaway may be required to complete and return to Sponsor an Affidavit of Eligibility/Release of Liability, and, if legally permissible, a Publicity Release within the specified time period. If winners fail to respond within 24 hours, or if any attempted notification or prize delivery is returned as undeliverable, or if a potential winner fails to complete and return any required affidavit or release within the specified time period, the potential winner may be disqualified and an alternate winner selected. If a potential winner is a minor under the laws of his or her jurisdiction of residency, Sponsor reserves the right in its discretion to award the prize to a parent or legal guardian and/or to require a parent or legal guardian to complete any required Affidavit/Release.

PRIZE(S): Winners will receive a GHOST prize package including an assortment of products.

GENERAL PRIZE TERMS AND CONDITIONS: All federal, state, local taxes on prize value, if applicable, are the responsibility of the winner. An IRS form 1099 will be issued if required by law. The prizes will be awarded if properly claimed. No substitution, cash redemption or transfer of the right to receive a prize is permitted, except in the discretion of Sponsor, which reserves the right to substitute a prize of equal or greater value. Prizes consist only of those items expressly specified in these Official Rules as being part of the prize. All expenses or costs associated with the acceptance or use of the prize are the responsibility of the winner. Prizes are awarded “as is” and without any warranty, except as required by law.  

TERMS AND CONDITIONS: No transfer, substitution or cash value equivalent for any prize is available, except at sole discretion of Sponsor. This Sweepstakes is subject to all applicable federal, state, and local laws. All federal, state, or other tax liabilities, if applicable, are the sole responsibility of the prize winner. By participating, entrants agree to be bound by these Official Rules and the decisions of the Sponsor, judges and Independent Sweepstakes Administrator, and waive any right to claim ambiguity in regard to the Sweepstakes mechanics, and/or the interpretation of these Official Rules.  

RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, participants agree to release and hold harmless Sponsor, Facebook and any vendors/prize providers and their related companies, subsidiaries, affiliates, directors, officers, employees, and agents from any and all liability for any injuries, loss, or damage of any kind arising from or in connection with this Sweepstakes or any prize won, including any injuries, loss or damage of any kind arising from or in connection with participation in the Sweepstakes. Sponsor is not responsible for any typographical or other error in the printing of this offer, administration of the Sweepstakes or in the announcement of prizes. In the event Sponsor is prevented from continuing with this Sweepstakes, or the integrity and/or feasibility of the Sweepstakes is undermined by any event including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor's control (each a "Force Majeure" event or occurrence), Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel, or terminate the Sweepstakes without further obligation and, if so, Sponsor reserves the right, but not the obligation, to award the prize from among all valid and eligible entries received up to the time of such Force Majeure event. All entries are the property of Sponsor and are not returnable.  

DISPUTES: The laws of the Commonwealth of Pennsylvania (USA), without regard to its conflict of law rules, will govern this Sweepstakes and the Official Rules. Entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes and the Official Rules or any prize awarded shall be brought and resolved individually, without resort to any form of class action, and exclusively in the state and federal courts located in Allegheny County, Pennsylvania (USA).  

Winners List and Official Rules: Winner may be posted on Instagram after winner is notified and eligibility is confirmed. To obtain a copy of these Official Rules or a list of winners via mail, send a self-addressed, stamped envelope to: GNC Holdings LLC, 75 Hopper Place Suite 501, Pittsburgh, PA 15222

Attention: GNC “5 Days of Giving” GHOST GIVEAWAY | 12.15.23

SPONSOR: GNC Holdings LLC, 75 Hopper Place Suite 501, Pittsburgh, PA 15222. This promotion is in no way sponsored, endorsed or administered by, or associated with Instagram. You understand that you are providing your information to the owner of this Instagram page and not to Instagram. Any questions, comments or complaints regarding the Sweepstakes should be directed to GNC’s Social Media department.

GNC | GNC X KAGED GIVEAWAY | 9.1.23

OFFICIAL RULES   

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES.  OPEN ONLY TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND D.C., AGE 18 OR OLDER.  VOID WHERE PROHIBITED. U.S. LAW GOVERNS THIS SWEEPSTAKES. NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.  

ELIGIBILITY: To participate, you must be a legal resident of the 50 United States or the District of Columbia and be at least 18 years of age at time of entry. Employees of GNC, Facebook, Inc., their affiliates, subsidiaries, advertising and promotion agencies, vendors, employees and immediate family of such employees (defined as spouse, IRS dependent, or biological, adoptive or step-mother, father, sister, brother, daughter or son, and each of their respective spouses), or those who reside in the same household as any person in any of the preceding categories, are not eligible to participate. Void outside the 50 United States and D.C. and where prohibited.  

HOW TO ENTER: The entry period for the GNC x KAGED Giveaway post will be the length of four days. The giveaway will be going live at 9 a.m. PST | 12 p.m. EST on Friday 9/1/23 and close entries at 11:59 p.m. PST | 2:59 a.m. EST on Monday 3/6/23. To enter, during the Entry Period, participants must comment on the designated sweepstakes Instagram Post meeting the requirements in post copy. No purchase is necessary.

WINNER SELECTION AND NOTIFICATION: On Tuesday 9/5/23, (5) five winners will be selected and notified in the form of a response via the comments section of the GNC x KAGED Giveaway post. Winners from each giveaway may be required to complete and return to Sponsor an Affidavit of Eligibility/Release of Liability, and, if legally permissible, a Publicity Release within the specified time period. If winners fail to respond within 24 hours, or if any attempted notification or prize delivery is returned as undeliverable, or if a potential winner fails to complete and return any required affidavit or release within the specified time period, the potential winner may be disqualified and an alternate winner selected. If a potential winner is a minor under the laws of his or her jurisdiction of residency, Sponsor reserves the right in its discretion to award the prize to a parent or legal guardian and/or to require a parent or legal guardian to complete any required Affidavit/Release.

PRIZE(S):Winners will receive a KAGED ELITE prize package including an assortment of KAGED ELITE products..

GENERAL PRIZE TERMS AND CONDITIONS: All federal, state, local taxes on prize value, if applicable, are the responsibility of the winner. An IRS form 1099 will be issued if required by law. The prizes will be awarded if properly claimed. No substitution, cash redemption or transfer of the right to receive a prize is permitted, except in the discretion of Sponsor, which reserves the right to substitute a prize of equal or greater value. Prizes consist only of those items expressly specified in these Official Rules as being part of the prize. All expenses or costs associated with the acceptance or use of the prize are the responsibility of the winner. Prizes are awarded “as is” and without any warranty, except as required by law.  

TERMS AND CONDITIONS: No transfer, substitution or cash value equivalent for any prize is available, except at sole discretion of Sponsor. This Sweepstakes is subject to all applicable federal, state, and local laws. All federal, state, or other tax liabilities, if applicable, are the sole responsibility of the prize winner. By participating, entrants agree to be bound by these Official Rules and the decisions of the Sponsor, judges and Independent Sweepstakes Administrator, and waive any right to claim ambiguity in regard to the Sweepstakes mechanics, and/or the interpretation of these Official Rules.  

RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, participants agree to release and hold harmless Sponsor, Facebook and any vendors/prize providers and their related companies, subsidiaries, affiliates, directors, officers, employees, and agents from any and all liability for any injuries, loss, or damage of any kind arising from or in connection with this Sweepstakes or any prize won, including any injuries, loss or damage of any kind arising from or in connection with participation in the Sweepstakes. Sponsor is not responsible for any typographical or other error in the printing of this offer, administration of the Sweepstakes or in the announcement of prizes. In the event Sponsor is prevented from continuing with this Sweepstakes, or the integrity and/or feasibility of the Sweepstakes is undermined by any event including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor's control (each a "Force Majeure" event or occurrence), Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel, or terminate the Sweepstakes without further obligation and, if so, Sponsor reserves the right, but not the obligation, to award the prize from among all valid and eligible entries received up to the time of such Force Majeure event. All entries are the property of Sponsor and are not returnable.  

DISPUTES: The laws of the Commonwealth of Pennsylvania (USA), without regard to its conflict of law rules, will govern this Sweepstakes and the Official Rules. Entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes and the Official Rules or any prize awarded shall be brought and resolved individually, without resort to any form of class action, and exclusively in the state and federal courts located in Allegheny County, Pennsylvania (USA).  

Winners List and Official Rules: Winner may be posted on Instagram after winner is notified and eligibility is confirmed. To obtain a copy of these Official Rules or a list of winners via mail, send a self-addressed, stamped envelope to: GNC Holdings LLC, 75 Hopper Place Suite 501, Pittsburgh, PA 15222

Attention: GNC x KAGED GIVEAWAY | 9.1.23

SPONSOR: GNC Holdings LLC, 75 Hopper Place Suite 501, Pittsburgh, PA 15222. This promotion is in no way sponsored, endorsed or administered by, or associated with Instagram. You understand that you are providing your information to the owner of this Instagram page and not to Instagram. Any questions, comments or complaints regarding the Sweepstakes should be directed to GNC’s Social Media department.

THE GNC “FEEL LIKE A CELEBRITY” SWEEPSTAKES OFFICIAL RULES

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

ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.

By participating in The GNC “Feel Like a Celebrity” Sweepstakes (the “Sweepstakes”) you unconditionally accept and agree to comply with and abide by these Official Rules (“Official Rules”) and the decisions of GNC Holdings LLC (the “Sponsor”) and US Sweepstakes & Fulfillment Co. (the “Sweepstakes Administrator”), which shall be final and binding in all respects.

SPONSOR / SWEEPSTAKES ADMINISTRATOR: Sponsor: GNC Holdings LLC, 75 Hopper Place, Suite 501, Pittsburgh, PA 15222. Sweepstakes Administrator: US Sweepstakes & Fulfillment Co., 625 Panorama Trail, Suite 2100, Rochester, NY 14625.

SWEEPSTAKES ENTRY PERIOD: The Sweepstakes begins at 12:00:01 AM Eastern Time (“ET”) on Thursday, February 29, 2024 and ends at 11:59:59 PM ET on Monday, April 1, 2024 (the “Sweepstakes Period”).

ELIGIBILITY: The Sweepstakes is open to myGNC Rewards members and myGNC PRO Access members who are a) legal residents of the 50 United States, including the District of Columbia (D.C.) and Puerto Rico (collectively for this Sweepstakes, the “Territory”); and b) age 18 or older and the age of majority in their state/territory of residence (19 and older in Alabama and Nebraska; 21 and older in Mississippi and Puerto Rico) at the time of entry. It is free to become a myGNC Rewards member. You can sign up for myGNC Rewards by visiting https://www.gnc.com/mygnc-rewards/. Void in Guam, the U.S. Virgin Islands, outside the Territory, and wherever else prohibited by law. Employees of Sponsor, Sweepstakes Administrator and their respective subsidiaries, affiliates, advertising and promotion agencies, and the immediate family members (spouses, parents, children, and siblings and their spouses) of, and/or those living in the same household of each, are not eligible to enter. Sweepstakes is subject to all applicable federal, state and local laws and regulations.

HOW TO ENTER: There are two (2) ways to enter.

Method #1: Purchase Entry. During the Sweepstakes Period, participants will receive one (1) sweepstakes entry (the “Purchase Entry”) for each GNC Total Lean® GlucaTrim™ product purchased using their myGNC Rewards or myGNC PRO Access account at a participating GNC retail location or www.gnc.com. Purchase Entries must be received between Thursday, February 29, 2024 at 12:00:01 AM ET and Monday, April 1, 2024 at 11:59:59 PM ET.

Method #2: Free, Alternate Method of Entry (“AMOE”) / Mail-in Entry. To enter without purchase, clearly hand-print your name, complete address, email address and phone number on a sheet of paper and mail that sheet of paper in an addressed envelope with proper postage to the following address to receive two (2) entries into the Sweepstakes (each, a “Mail-In Entry”): The GNC Feel Like a Celebrity Sweepstakes, PO Box 776, Social Circle, GA 30025. Mail-In Entries must be mailed separately and must be postmarked between Thursday, February 29, 2024 and Monday, April 1, 2024 and received by Monday, April 8, 2024.

Purchase Entry and Mail-In Entry collectively referred to herein as “Entry” or “Entries”. There is no limit to the number of Entries a person may receive. All methods of entry have an equal chance of winning. All entries become the property of the Sponsor and will not be acknowledged or returned.

Photocopied, illegible, or mechanically reproduced entries are not eligible. Sponsor is not responsible for lost, late, damaged, misdirected or postage-due mailed entries.

PRIZES/APPROXIMATE RETAIL VALUE (“ARV”)/ODDS:

Grand Prize: There is one (1) Grand Prize available to be won. One (1) Grand Prize winner will receive $50,000, to be awarded in the form of a check. The ARV of Grand Prize: $50,000.

Second Prizes: There are ten (10) Second Prizes available to be won. Each Second Prize winner will receive a 12-month supply of their GNC Total Lean® product(s) of choice (up to $75 retail value per month) available at www.gnc.com. Prize will include twelve (12) monthly shipments. The first shipment will be sent to each Second Prize winner within 45 days of winner verification. The maximum ARV of each Second Prize: $900. The difference in value between the stated ARV and the actual value of the Second Prize will not be awarded, if any.

Third Prizes: There are seventy-five (75) Third Prizes available to be won. Each Third Prize winner will receive one (1) $50 GNC Gift Card. The ARV of each Third Prize is $50. GNC Gift Cards are not redeemable for cash and will not be replaced if lost or stolen. GNC Gift Card usage is subject to the issuing company’s complete terms and conditions, including expiration dates. See https://www.gnc.com/gift-cards.html for details.

The total ARV of all prizes available to be won: $62,750.

There is a limit of one (1) prize per person. Odds of winning will depend upon the total number of eligible entries received.

RANDOM DRAWING: The winners will be selected in a random drawing on or about Wednesday, April 10, 2024 from among all eligible entries received during the Sweepstakes Period by the Sweepstakes Administrator, an independent representative of the Sponsor whose decisions are final.

WINNER NOTIFICATION & VERIFICATION:

Grand Prize Winner: The potential Grand Prize winner will be notified by the Sweepstakes Administrator, via email and/or phone, and will be required to sign and return, within five (5) days of notification, an Affidavit of Eligibility, a Liability Waiver, an IRS W-9 Form and where allowable, a Publicity Release (collectively, "the Releases"). These Releases will require the winner to furnish their Social Security Number for the sole purpose of tax reporting, as required by law. Noncompliance will result in disqualification and an alternate winner may be selected. The Grand Prize will be awarded within six (6) weeks of Grand Prize winner being verified.

Second Prize Winners: The potential Second Prize winners will be notified by the Sweepstakes Administrator, via email and/or phone, and will be required to sign and return, within five (5) days of notification, an Affidavit of Eligibility, a Liability Waiver, an IRS W-9 Form and where allowable, a Publicity Release (collectively, "the Releases"). These Releases will require the winners to furnish their Social Security Number for the sole purpose of tax reporting, as required by law. Noncompliance will result in disqualification and an alternate winner may be selected. Once verified, the Second Prize winners will be contacted by the Sponsor to confirm their GNC Total Lean® Product(s) of choice within 30 days. Each Second Prize winner must respond to Sponsor as requested within the timeframe allotted or Sponsor will choose the GNC Total Lean® product prize on winner’s behalf.

Third Prize Winners: The potential Third Prize winners will be notified by the Sweepstakes Administrator, via email, and will be requested to confirm the email address they would like their prize sent to within three (3) days via return email. If Third Prize winner does not respond to Sweepstakes Administrator’s notification within three (3) days, the Third Prize will be emailed to winner’s email address associated with their myGNC Rewards account. Third Prizes will be awarded within six (6) weeks of winner verification.

If a prize notification or prize is returned as undeliverable, or if a winner is found to be ineligible or not in compliance with these Official Rules, that winner will be disqualified, and the prize may be awarded to an alternate winner in a separate random drawing. If Sponsor is unable to determine and verify a potential winner after repeated alternate drawings or if Sponsor fails to receive a sufficient number of entries to correspond to the number of prizes available to be awarded, Sponsor reserves the right to not award such prize(s).

PRIZE CONDITIONS: Prizes are not assignable, transferable and may not be substituted except at Sponsor’s sole discretion. Second Prizes and Third Prizes are not redeemable for cash. Sponsor reserves the right to substitute a prize of equal or greater value at its discretion. Any other incidental expenses on prizes not specified herein are the winner’s sole responsibility.

Winners are responsible for all federal, state, local and income taxes associated with winning prize.

PUBLICITY RELEASE: Except where prohibited by law, entry and acceptance of prize constitute permission to use winner's name, prize won, hometown, likeness, video recordings, photographs, and statements for purposes of advertising, promotion and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification or permission.

GENERAL: Participating entrants agree to these Official Rules and the decisions of the Sponsor and the Sweepstakes Administrator, and release the Sponsor, the Sweepstakes Administrator, and their affiliated companies, and all other businesses involved in this Sweepstakes, as well as the employees, officers, directors and agents of each (the “Released Parties”), from all claims and liability relating to their participation in the Sweepstakes, and the acceptance and use/misuse of the prizes offered. Participating entrants assume all liability for and Released Parties shall be held harmless against any liability for any injury, losses or damages of any kind to persons, including personal injury or death, or injury to property caused or claimed to be caused in whole or in part,  directly or indirectly, by participation in this Sweepstakes, acceptance, possession, or use/misuse of any prize, or any claims based on publicity rights, defamation or invasion of privacy, or merchandise delivery. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of the prize.

In the event of a dispute over the identity of an entrant, entry will be deemed submitted by the "Authorized Account Holder" of the myGNC Rewards account submitted at the time of entry or the e-mail address submitted at time of entry (if applicable). Authorized Account Holder means the natural person who is assigned to the myGNC Rewards account or email account. Sponsor may ask any entrant or potential winner to provide Sponsor with proof, to Sponsor’s satisfaction, that such party is the authorized account holder of the myGNC Rewards account or the email address associated with the entry. Entry materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices are void. The Released Parties are not responsible for: (i) lost, late, misdirected, damaged or illegible entries; or (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to entrant's or any other person's computer related to or resulting from participating in the Sweepstakes. By participating in the Sweepstakes, entrant (i) agrees to be bound by these Official Rules, including all eligibility requirements, and (ii) agrees to be bound by the decisions of Sponsor and the Sweepstakes Administrator, which are final and binding in all matters relating to the Sweepstakes. Failure to comply with these Official Rules may result in disqualification from the Sweepstakes.

Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, 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 Sweepstakes, as determined by Sponsor. If, for any reason, the Sweepstakes cannot be run as planned, Sponsor may disqualify any suspect entries or individuals from the Sweepstakes and any sweepstakes it sponsors and (a) suspend the Sweepstakes and modify the Sweepstakes to address the impairment, then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; and/or (b) award the prizes at random from among the eligible, non-suspect entries received up to the time of the impairment.

THE RELEASED PARTIES ARE NOT RESPONSIBLE IF THIS SWEEPSTAKES 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, EPIDEMICS, 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 SWEEPSTAKES, PARTICIPANT 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 SWEEPSTAKES OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SUCH SITE, AS APPLICABLE. FURTHER, SPONSOR SHALL NOT BE RESPONSIBLE FOR ANY CANCELLATIONS, DELAYS, DIVERSIONS, CHANGES IN SERVICE OR ACCOMMODATIONS OR SUBSTITUTIONS, OR FOR ANY ACTS OR OMISSIONS BY ANY THIRD PARTIES BEYOND ITS REASONABLE CONTROL, INCLUDING AIR CARRIER(S) AND OTHER TRANSPORTATION COMPANIES; LODGING, RESTAURANT OR OTHER HOSPITALITY PROVIDERS; ENTERTAINMENT PROVIDERS, VENUES OR ARTISTS; OR OTHER THIRD PARTY PROVIDERS SUPPLYING ANY SERVICES OR COMPONENTS OF THE PRIZE(S) TO WINNERS AND/OR THEIR GUESTS, OR FOR ANY RESULTING INJURIES, INCLUDING MONEY DAMAGES, COSTS AND EXPENSES, PROPERTY DAMAGES, PERSONAL INJURIES OR DEATH RESULTING THEREFROM.

LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEB SITE OR INTERFERE WITH THE OPERATION OF THE SWEEPSTAKES, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

GOVERNING LAW AND LIMITATION OF LIABILITY: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of Pennsylvania, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.

BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES 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 TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.

DISPUTES: The parties hereto each agree to finally settle all disputes only through arbitration; provided, however, the Released Parties shall be entitled to seek injunctive or equitable relief in the state and federal courts in Allegheny County, Pennsylvania and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Allegheny County, Pennsylvania. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Allegheny County, Pennsylvania. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.

PRIVACY: As a condition of entering the Sweepstakes, each entrant gives consent for Sponsor to obtain and deliver their name, address and other information to third parties, including Sweepstakes Administrator, for the purpose of administering this Sweepstakes and to comply with applicable laws, regulations and rules, including, without limitation, the storing of your personal information for purposes of complying with state record retention requirements. Any information entrant provides to Sponsor may be used to communicate with entrant in relation to this Sweepstakes or on a Sweepstakes winner’s list. Personal information collected from entrants are subject to the Sponsor’s Privacy Policy, which can be found at https://www.gnc.com/privacy-statement/privacy-policy.html.

OFFICIAL RULES REQUEST: To request a copy of the Official Rules, see www.GNC.com/feel-like-a-celeb-sweeps or send a self-addressed, stamped envelope by April 10, 2024, to: The GNC “Feel Like a Celebrity” Sweepstakes Official Rules Request, PO Box 654, Social Circle, GA 30025-0654.

WINNER CONFIRMATION REQUEST: For a written confirmation of the winners (available after April 10, 2024), send a stamped, self-addressed envelope (no later than May 10, 2024) to: The GNC “Feel Like a Celebrity” Sweepstakes Winner Confirmation Request, PO Box 654, Social Circle, GA 30025-0654.

All trademarks used herein are the property of their respective owners in the United States and abroad. All rights reserved.

SORTEO “THE GNC FEEL LIKE A CELEBRITY SWEEPSTAKES”

REGLAS OFICIALES

NO ES NECESARIO REALIZAR UNA COMPRA PARA PARTICIPAR O GANAR. EL REALIZAR UNA COMPRA NO AUMENTARÁ SUS POSIBILIDADES DE GANAR.

TODA CONTROVERSIA SERÁ RESUELTA EXCLUSIVAMENTE MEDIANTE ARBITRAJE VINCULANTE. LOS PARTICIPANTES EN ESTE SORTEO RENUNCIAN A HACER RECLAMACIONES EN LA FORMA DE DEMANDAS COLECTIVAS O ACCIONES DE CLASE.

Al participar en el Sorteo “The GNC “Feel Like a Celebrity” Sweepstakes(el “Sorteo”) usted acuerda cumplir fielmente y quedar obligado incondicionalmente por estas Reglas oficiales (“Reglas Oficiales”), así como por las decisiones de GNC Holdings, LLC (el “Promotor”) y US Sweepstakes & Fulfillment Co. (el “Administrador” del Sorteo), cuales son finales y vinculantes en todo respecto.

PROMOTOR/ ADMINISTRADOR DEL SORTEO: Promotor: GNC Holdings, LLC, 75 Hopper Place, Suite 501, Pittsburgh, PA 15222. Administrador del Sorteo: US Sweepstakes & Fulfillment Co., 625 Panorama Trail, Suite 2100, Rochester, NY 14625.

PERIODO DE PARTICIPACION DEL SORTEO: El Sorteo comienza a las 12:00:01 AM hora de la zona Este (“ET”, por sus siglas en inglés) de los Estados Unidos de América, el jueves, 29 de febrero de 2024 y termina a las 11:59:59 PM ET el lunes, 1ro de abril de 2024 (el “Periodo del Sorteo”).

ELEGIBILIDAD: El Sorteo está abierto únicamente a los miembros myGNC Rewards y miembros myGNC PRO Access que sean residentes legales de alguno de los 50 estados de Estados Unidos de América (EE.UU.), el Distrito de Columbia (D.C.) o Puerto Rico (PR), (denominado colectivamente para efectos de este Sorteo, como el “Territorio”) y tengan 18 años o más de edad o la edad que constituye mayoría de edad en su respectivo estado/territorio de residencia (19 años de edad o más en Alabama y Nebraska; 21 años de edad o más en Mississippi y Puerto Rico), a la fecha de su participación en el Sorteo. No existe costo para convertirse en un miembro de myGNC Rewards. Puede inscribirse en myGNC Rewards accediendo a https://www.gnc.com/mygnc-rewards/. Este Sorteo es nulo en Guam, en las Islas Vírgenes estadounidenses, en cualquier otro lugar fuera del Territorio, y donde quiera que esté prohibido por ley. Los empleados del Promotor, del Administrador del Sorteo y de sus respectivas subsidiarias, filiales, agencias de publicidad y promociones, y los parientes inmediatos de tales empleados (es decir, cónyuges, padres, hijos, hermanos, y sus respectivos cónyuges) así como los individuos que residan en el hogar de los empleados arriba indicados, no son elegibles para participar del Sorteo. El Sorteo está sujeto a todas las leyes y reglamentos federales, estatales y locales que le sean de aplicación.

CÓMO PARTICIPAR: Existen dos (2) maneras de participar en el Sorteo.

Método #1: Participación por compra. Durante el Periodo del Sorteo, los participantes recibirán una (1) entrada al Sorteo (la “Participación por compra”) por cada producto GNC Total Lean® GlucaTrim™ que compren utilizando su cuenta myGNC Rewards o myGNC PRO Access en una tienda de venta al detal GNC participante o a través de www.gnc.com. Las Participaciones por Compra deben recibirse entre el jueves, 29 de febrero, 2024 a la 12:00:01 AM ET y el lunes, 1ro de abril, 2024 a las 11:59:59 PM PT.

Método #2: Participación gratuita por método alterno vía correo postal (“Participación vía correo”). Para participar en el Sorteo sin necesidad de realizar compra, escriba legiblemente en letra de molde, su nombre, dirección completa, dirección de correo electrónico y número de teléfono en una hoja de papel y remítala en un sobre postal con franqueo adecuado a la siguiente dirección para recibir dos (2) entradas al Sorteo (cada una, una “Participación vía correo”): The GNC Feel Like a Celebrity Sweepstakes, PO Box 776, Social Circle, GA 30025. Cada Participación vía correo deben ser remitida en sobre de correo postal separado timbrado por el correo postal entre las fechas de jueves, 29 de febrero, 2024 y 1ro de abril, 2024, y recibirse vía correo postal a más tardar el lunes, 8 de abril de 2024.

Las Participaciones por Compra y las Participaciones vía correo se denominan colectivamente “Participación” o “Participaciones” al Sorteo. No existe límite al número de Participaciones que puede realizar. Todos los métodos de participación tienen igual oportunidad de ganar. Todas las Participaciones se convierten en propiedad del Promotor y no serán acusadas recibidas, ni serán devueltas. No son elegibles las fotocopias, participaciones no legibles o reproducidas por otros medios mecánicos. El Promotor no es responsable por las participaciones que no sean recibidas por resultar perdidas o tardías, participaciones dañadas, dirigidas a destino equivocado o que carezcan del franqueo necesario.

PREMIOS/ VALOR APROXIMADO DE VENTA AL PÚBLICO (‘VAP”) y PROBABILIDADES DE GANAR:

Gran Premio: Hay un (1) Gran Premio disponible para ser sorteado. El ganador del Gran Premio recibirá Cincuenta Mil Dólares ($50,000), a ser adjudicados en la forma de un cheque. El valor aproximado de venta al público (“VAP”) del Gran Premio es de: $50,000.

Segundos Premios: Hay diez (10) Segundos Premios disponibles para ser sorteados. Cada ganador de un Segundo Premio recibirá un suministro de 12 meses de productos GNC Total Lean® de su elección disponibles a www.gnc.com (hasta un máximo de $75 en valor de venta al público por mes).  El premio incluirá doce (12) envíos mensuales. El primer envío se enviará a cada ganador del Segundo Premio dentro de los 45 días posteriores a su verificación como ganador. El VAP máximo por cada Segundo Premio es: $900. La diferencia entre el VAP máximo por cada Segundo Premio aquí publicado y el valor final resultante para este premio (si alguno) para cada ganador, no será otorgado.

Terceros Premios: Hay setenta y cinco (75) Terceros Premios disponibles para ser sorteados. Cada ganador de un Tercero Premio recibirá una tarjeta de regalo de GNC por valor de $50.  El VAP por cada Tercer Premio es de: $50. Las tarjetas de regalo GNC no se pueden canjear por dinero en efectivo y no se reemplazarán en caso de pérdida o robo. El uso de la tarjeta de regalo GNC está sujeto a los términos y condiciones completos de la empresa emisora, incluidas las fechas de vencimiento. Consulte https://www.gnc.com/gift-cards.html para obtener más detalles.

El VAP del total de premios disponibles para ser sorteados es de: $62,750.

Hay un límite de un (1) premio por individuo. Las probabilidades de ganar dependen del número total de Participaciones elegibles que se reciban.

ACTO DE SORTEO: Los ganadores serán seleccionados en acto de sorteo al azar en o para el miércoles, 10 de abril de 2024 de entre todas las Participaciones elegibles recibidas vigente el Periodo de Sorteo, por el Administrador del Sorteo, quien es un agente independiente al Promotor, cuyas decisiones son finales y vinculantes.

VERIFICACION Y NOTIFICACION DE GANADORES:

Ganador del Gran Premio: El ganador en potencia del Gran Premio será notificado por el Administrador del Sorteo, por correo electrónico y/o teléfono, y será requerido a firmar y devolver, dentro de cinco (5) días de la notificación, un Affidávit sobre elegibilidad, Exoneración de responsabilidad, un formulario IRS W-9 y donde esté permitido por ley, una Exoneración para usos publicitarios (colectivamente, “las Exoneraciones”). Estas Exoneraciones exigen que el ganador provea su número de seguro social para el único propósito de informes sobre ingreso y contribuciones, conforme requerido por ley. El no cumplir con los antes indicados requisitos resultará en la descalificación del potencial ganador, y podrá seleccionarse un ganador alterno en su lugar. Una vez completada la verificación del ganador, el Gran Premio le será otorgado en la subsiguientes seis (6) semanas.

Ganadores del Segundo Premio: Los ganadores en potencia del Segundo Premio serán notificados por el Administrador del Sorteo por correo electrónico y/o teléfono, y serán requeridos a firmar y devolver, dentro de cinco (5) días de la notificación, un Affidávit sobre elegibilidad, Exoneración de responsabilidad, un formulario IRS W-9 y donde esté permitido por ley, una Exoneración para usos publicitarios (colectivamente, “las Exoneraciones”). Estas Exoneraciones exigen que el ganador provea su número de seguro social para el único propósito de informes sobre ingreso y contribuciones, conforme requerido por ley. El no cumplir con los antes indicados requisitos resultará en la descalificación del potencial ganador y podrá seleccionarse a un ganador alterno en su lugar. Una vez completada la verificación del ganador, el ganador de Segundo Premio será contactado por el Promotor para confirmar su elección de el/los productos GNC Total Lean® dentro de los siguientes 30 días.

Ganadores de Tercer Premio: Los ganadores en potencia del Tercer Premio serán notificados por el Administrador del Sorteo, por email para confirmarse su dirección de correo electrónico. Si el ganador en potencia del Tercer Premio no responde la notificación vía email del Administrador del Sorteo en tres (3) días desde su envío, el Tercer Premio será remitido vía email a la dirección de correo electrónico del ganador asociada con su cuenta myGNC Rewards. El Tercer Premio será otorgado dentro de las siguientes seis *6) semanas a la verificación del ganador.  

Si la notificación del premio o el premio es devuelta/o por no haber sido posible su entrega, o para el caso de que el ganador en potencia no resulte elegible o no se encuentre en cumplimiento con estas Reglas Oficiales, el ganador será descalificado, y el premio podrá ser otorgado a un ganador alterno que se selecciona en un acto de sorteo aleatorio independiente. Si el Promotor no logra identificar y verificar a un ganador potencial luego de repetidos actos de sorteo aleatorios o no recibe suficientes Participaciones para corresponder al número de premios disponibles para ser otorgados, el Promotor se reserva el derecho de no adjudicar dicho premio(s).

CONDICIONES DE LOS PREMIOS: Los premios no pueden ser cedidos, transferidos y no serán sustituidos salvo a la exclusiva discreción del Promotor. Los Segundos y Terceros Premios no son redimibles por dinero en efectivo. El Promotor se reserva el derecho de sustituir un premio por uno de igual o mayor valor a su única discreción. Todo gasto incidental con respecto al premio, no especificado en este documento, es responsabilidad exclusiva del ganador.

Los ganadores son responsables de todo impuesto por contribución federal, estatal o local asociado con ganar un premio.

EXONERACION PARA USO PUBLICITARIO: Excepto donde esté prohibido por ley, la participación en el Sorteo y la aceptación de un premio en este Sorteo, constituyen ambos un permiso para el uso del nombre del ganador, mención del premio ganado y su ciudad/pueblo de residencia, uso de su imagen y semejanza, inclusive en grabación (es) de video y audio, fotografías, y sus expresiones/declaraciones, para propósitos de mercadeo, promoción y publicidad (inclusive para colgar dicha información en la Internet) en todo y cualquier medio de comunicación conocido hoy o en el futuro, mundialmente, a perpetuidad, sin más compensación, notificación u autorización adicional.

GENERAL: Los participantes al Sorteo aceptan y se obligan a quedar vinculados por estas Reglas Oficiales y por las decisiones del Promotor y Administrador del Sorteo; y exoneran de responsabilidad al Promotor, al Administrador del Sorteo, a sus respectivas compañías filiales y afiliadas, así como a todas las demás entidades comerciales involucradas en este Sorteo, y a los empleados, funcionarios, directores y agentes de todas las anteriores (colectivamente, las “Entidades Exoneradas”), de toda y cualquier, acción, reclamación y responsabilidad que se relacione con la participación al Sorteo y con la aceptación o uso/ uso indebido/ no uso de los premios. Los participantes al Sorteo aceptan y asumen toda exposición de riesgo y responsabilidad – y a tal efecto exoneran y se comprometen a mantener a las Entidades Exoneradas indemnes—ante todo/a y cualquier lesión, pérdida o daño de cualquier tipo a persona, incluyendo lesión personal o muerte, o daño a propiedad, que sea resultado de o se alegue haya sido causado, en todo o en parte, directa o indirectamente, por participar en este Sorteo, la aceptación, posesión o el uso/ uso indebido/ no uso de cualquier premio, o cualquier reclamación sobre la base de derechos publicitarios, difamación o libelo, invasión de la privacidad o asuntos de entrega de la mercancía. El Promotor no es responsable por errores tipográficos u errores de otra naturaleza en la impresión de la oferta, en la administración del Sorteo o en el anuncio del premio.

En el caso de surja una controversia en torno a la identidad de un participante, la Participación se entenderá hecha por el “Titular Autorizado de la Cuenta” myGNC Rewards sometida al momento de la participación o la dirección de correo electrónico sometida al momento de la participación (en lo aplicable). El término “Titular Autorizado de la Cuenta” significa la persona natural a quien se le ha asignado la cuenta myGNC Rewards o cuenta de email. El Promotor podrá exigir de cualquier participante o ganador potencial, que le provea prueba a su satisfacción de que en efecto dicho individuo es el Titular Autorizado de la Cuenta myGNC Rewards o de la dirección de correo electrónico asociada a la Participación. Son nulos los materiales de Participación/datos que se encuentren manipulados, alterados o falsificados, así como las participaciones realizadas en masa o generadas por un script, macro o mediante el uso de medios automatizados. Las Entidades Exoneradas no son responsables por: (i) participaciones que resulten perdidas, tardías, desviadas de curso o que no lleguen a destino, dañadas o ilegibles; o (ii) por errores, omisiones, interrupciones, supresiones, defectos o retrasos en las operaciones o transmisiones, ni por el hurto o destrucción de, acceso no autorizado a, o alteraciones,  de las participaciones u otro material de participación; o por ningún tipo de desperfectos en, o mal funcionamientos técnicos de, las redes, de los equipos telefónicos, de computadoras, equipo duro o software, ni por transmisiones fallidas, incorrectas o incompletas, u otros fallos de cualquier tipo, que provoquen que el Promotor no reciba la información de la participación por razón de problemas técnicos, por congestión de tráfico en la Internet o en algún sitio web, o cualquier combinación de tales factores; ni (iii) por ningún tipo de menoscabo o daño a la computadora del Participante o aquella de alguna otra persona en conexión con, o como resultado de participar en el Sorteo.  Al participar en este Sorteo, el participante: (i) acuerda quedar obligado por estas Reglas Oficiales, incluyendo todos los requisitos de elegibilidad, y (ii) acuerda quedar obligado por las determinaciones del Promotor y del Administrador del Sorteo, las cuales son finales y vinculantes en todo aspecto relativo al Sorteo.  No cumplir con estas Reglas Oficiales puede resultar en su descalificación del Sorteo.

El Promotor se reserva el derecho a cancelar, suspender y/o modificar el Sorteo, o cualquier porción de este, si algún evento de fraude, fallo(s) técnico(s) o cualquier otro factor más allá del control razonable del Promotor, comprometiese o menoscabara la integridad o conducción apropiada del Sorteo, conforme quede determinado por el propio Promotor.  Ante cualquier razón que impida que este Sorteo pueda conducirse conforme planificado, el Promotor podrá descalificar del Sorteo y de cualquier sorteo que el promotor auspicie,  a todo y cualquier individuo implicado o participación(es) sospechosa(s), y podrá: (a) suspender el Sorteo y modificar el Sorteo para atender el impedimento, y luego reanudar el Sorteo en aquella manera que mejor cumpla con el espíritu de estas Reglas Oficiales; y/o (b) otorgar los premios por sorteo al azar entre aquellas participaciones elegibles no sospechosas que se hayan recibido hasta el momento de dicho impedimento.

LAS ENTIDADES EXONERADAS NO SON RESPONSABLES SI ESTE SORTEO NO PUEDE SER ADMINISTRADO O CONDUCIDO CONFORME PLANIFICADO O EL OTORGAMIENTO DE ALGUN PREMIO SE VIERA IMPEDIDO POR RAZÓN DE: CANCELACIONES, DEMORAS O INTERRUPCIONES QUE SURJAN O RESULTEN COMO CONCECUENCIA DE ACTOS DE DIOS, GUERRA, TERRORISMO, DISTURBIOS CIVILES, HUELGAS, ESCASEZ DE SUMINISTROS, DESASTRES NATURALES, CONDICIONES CLIMATOLOGICAS, EPIDEMIAS, EL CUMPLIMIENTO CON CUALQUIER LEY U ORDEN DE UNA AUTORIDAD GUBERNAMENTAL, O DE ACTOS, EVENTOS U OCURRENCIAS SIMILARES MAS ALLA DEL CONTROL RAZONABLE DEL PROMOTOR.  AL PARTICIPAR EN EL SORTEO, EL PARTICIPANTE ACUERDA QUE LAS ENTIDADES EXONERADAS NO SON NI SERÁN RESPONSABLES NI TENDRAN OBLIGACIÓN LEGAL ANTE NINGUNA LESION, DAÑOS O PERDIDAS DE TIPO ALGUNO----INCLUYENDO DAÑOS DIRECTOS, INDIRECTOS, INCIDENTALES, CONSECUENTES NI PUNITIVOS A PERSONAS INCLUSIVE LA MUERTE, NI A LA PROPIEDAD-- QUE SURJA(N) DEL ACCESO O USO DE TODO Y CUALQUIER SITIO WEB ASOCIADO A ESTE SORTEO O A LA CARGA/DESCARGA Y/O IMPRESIÓN DE MATERIAL CARGADO/DESCARGADO A/DE DICHO(S) SITIO(S) WEB, SEGÚN APLIQUE. ADEMÁS, EL PROMOTOR NO ASUME NI SE LE IMPONDRÁ RESPONSABILIDAD DE TIPO ALGUNO POR NINGUNA CANCELACIÓN, DEMORA, DIVERGENCIA, CAMBIOS EN SERVICIOS, ACOMODOS O ALOJAMIENTOS, SUSTITUCIONES O ACTOS U OMISIONES ATRIBUIBLES O PROVENIENTES DE TERCEROS QUE ESTAN FUERA DEL CONTROL RAZONABLE DEL PROMOTOR, INCLUYENDO SIN LIMITAR, COMPAÑÍA(S) DE CARGA O TRANSPORTE AÉREO, OTRAS COMPAÑÍAS DE TRANSPORTE, ALOJAMIENTOS, SERVICIOS DE HOSPITALIDAD  O AMENIDADES, ENTRETENIMIENTOS, LOCACIONES O ARTISTAS ASI COMO CUALQUIER OTRO TERCERO(S) QUE SUMINISTRE(N) CUALQUIER ASPECTO O COMPONENTE DEL PREMIO(S) A LOS GANADORES Y/O A SUS INVITADOS, Y LAS ENTIDADES EXONERADAS TAMPOCO SERÁN RESPONSABLES POR AQUELLAS LESIONES, PERDIDAS, GASTOS, DAÑOS Y PERJUICIOS, INCLUYENDO DAÑOS MONETARIOS, COSTAS Y GASTOS, DAÑOS A LA PROPIEDAD, LESIONES PERSONALES O MUERTE QUE PUEDAN RESULTAR DE LOS MISMOS.

ADVERTENCIA LEGAL: CUALQUIER INTENTO POR UN INDIVIDUO, SEA O NO UN PARTICIPANTE, DE DAÑAR, DESTRUIR, ADULTERAR O VANDALIZAR ESTE SITIO WEB O DE INTERFERIR CON LA OPERACIÓN DEL SORTEO, ES UNA VIOLACIÓN DE LEYES CIVILES Y CRIMINALES, Y EL PROMOTOR SE RESERVA EL DERECHO DE EXIGIR TODO REMEDIO DISPONIBLE, INCLUSIVE EL RECOBRO DE DAÑOS, Y DILIGENMENTE EXIGIR TODO TIPO DE REMEDIOS CONTRA DICHO INDIVIDUO Y ENCAUSARLO, CON EL MAXIMO RIGOR PERMITIDO POR LEY.

LEY APLICABLE Y LIMITACION DE RESPONSABILIDAD: Toda controversia y asuntos acerca de la interpretación, validez, hermenéutica, y exigibilidad y cumplimiento de estas Reglas Oficiales, o en torno a los derechos y obligaciones de los participantes, aquellos del Promotor o de las Entidades Exoneradas en conexión con el Sorteo, se han de regir e interpretar de conformidad con las leyes internas del estado de Pensilvania, EE.UU., sin dar paso a ninguna ley sobre selección de ley o sobre conflictos de leyes o disposición otra alguna, que pueda tener o tenga el efecto de resultar en la aplicación de ninguna otra ley o leyes que no sea la arriba indicada.

AL PARTICIPAR EN ESTE SORTEO, EL PARTICIPANTE ACUERDA SEGÚN LO PERMITA LA LEY: (A) QUE TODA Y CUALQUIER CONTROVERSIA, RECLAMACION Y CAUSA(S) DE ACCION QUE SURJA(N) DE O EN CONEXIÓN CON ESTE SORTEO O CON CUALQUIER OTORGAMIENTO DE PREMIO, SERÁN RESUELTAS DE MANERA INDIVIDUAL, SIN RECURRIR A NINGUNA FORMA DE DEMANDA COLECTIVA O ACCIÓN/PLEITO DE CLASE; (B) QUE TODA Y CUALQUIER RECLAMACION(ES), SENTENCIAS/FALLOS Y REMEDIOS QUEDAN LIMITADOS A LOS GASTOS REALES --INCURRIDOS DE SU BOLSILLO (SI ALGUNO) -- PARA CON UNA TERCERA PARTE O TERCERO (SI ALGUNO), HASTA UN MÁXIMO TOTAL DE DIEZ DOLARES ($10.00), Y NUNCA HABRÁN DE INCLUIR ADJUDICACIÓN O RECOBRO DE HONORARIOS DE ABOGADOS COMO REMEDIO; (C) QUE EN NINGUNA CIRCUNSTANCIA SE LE PERMITIRÁ AL PARTICIPANTE OBTENER NINGUN REMEDIO, SENTENCIA O FALLO POR CONCEPTO DE DAÑOS PUNITIVOS, INCIDENTALES, CONSECUENTES O ESPECIALES, LUCRO CESANTE, PERDIDA DE LUCRO Y/O CUALQUIER OTRO TIPO DE DAÑOS O PERDIDAS, QUE NO SEA EL GASTO DE SU BOLSILLO REALMENTE INCURRIDO PARA CON TERCEROS HASTA UN MÁXIMO DE DIEZ DOLARES ($10.00), DISPONIÉNDOSE QUE USTED POR ESTE MEDIO CON PLENO CONOCIMIENTO Y EXPRESA VOLUNTAD, RENUNCIA A LOS MISMOS E IGUALMENTE RENUNCIA A TODO Y CUALQUIER DERECHO PARA QUE SUS DAÑOS SEAN MULTIPLICADOS O DE OTRA MANERA AUMENTADOS SOBRE EL LIMITE ARRIBA INDICADO; Y (D) QUE LOS REMEDIOS DEL PARTICIPANTE QUEDAN LIMITADOS A UNA RECLAMACION POR DANOS MONETARIOS (SI ALGUNO) Y QUE EL PARTICIPANTE IRREVOCABLEMENTE RENUNCIA A TODOS DERECHO DE ENTABLAR SOLICITUD DE REMEDIOS INTERDICTALES O REMEDIOS EN EQUIDAD. ALGUNAS JURISDICCIONES NO PERMITEN LIMITACIONES O EXCLUSIONES DE RESPONSABILIDAD, POR LO QUE LO ANTES INDICADO PODRÍA NO SERLE DE APLICACIÓN.

CONTROVERSIAS: Las partes en este contrato acuerdan resolver de manera final toda controversia exclusivamente a través del proceso de arbitraje vinculante; disponiéndose, sin embargo, que las Entidades Exoneradas tendrán derecho a solicitar remedios de interdictos, así como remedios en equidad en los tribunales estatales y federales del Condado de Allegheny, Pensilvania y en cualquier otro tribunal con jurisdicción sobre las partes. En el proceso de arbitraje, no hay jueces ni jurados y el derecho de revisión es limitado. La determinación del árbitro y su fallo son finales y vinculantes, con contadas excepciones, y la sentencia en cuanto al fallo puede ser emitida por cualquier tribunal con jurisdicción. Las partes acuerdan que, excepto según se indica arriba, toda reclamación, demanda, acción o procedimiento que surja de o se relacione con este Sorteo, será resuelto exclusivamente mediante arbitraje vinculante, ante un solo árbitro, utilizándose las Reglas simplificadas del Procedimiento de arbitraje (conocidas en inglés como, “The Streamlined Arbitration Rules Procedures”) de JAMS, Inc. (“JAMS”) o cualquier sucesor de JAMS. En el caso de que JAMS no quiera o no pueda señalar una fecha de audiencia dentro de catorce (14) días de la radicación de la “Demanda de Arbitraje”, entonces cualquiera de las partes puede optar por que el proceso de arbitraje se administre por la Asociación Americana de Arbitraje (“AAA”) o por cualquier servicio sobre administración de arbitraje que sea mutuamente acordado. De requerirse una audiencia en persona, entonces la misma ocurrirá en el Condado de Allegheny, Pensilvania. La ley federal o estatal que aplica a estas Reglas Oficiales también será de aplicación durante el arbitraje. Las controversias serán arbitradas únicamente en una base individual y no serán consolidadas con ningún otro procedimiento que involucre ninguna reclamación(es) o controversia(s) de otra parte o sujeto(s) de derecho, incluyendo demandas colectivas; disponiéndose sin embargo, que si por alguna razón cualquier tribunal o árbitro sostuviese que esta restricción es irrazonable o inexigible, entonces el acuerdo entre las partes de arbitrar no será de aplicación y la controversia deberá ser traída ante la atención de un tribunal con jurisdicción competente en el Condado de Allegheny, Pensilvania. El Promotor acuerda pagar la tarifa administrativa y del árbitro para la conducción del proceso de arbitraje (pero específicamente queda excluido todo y cualquier costo de viaje u otros costos del participante para asistir a la vista de arbitraje). A pesar de esta disposición, cualquier parte puede entablar aquellas reclamaciones que sean procedentes, en un tribunal de asuntos de cuantía menor, conocidas en inglés como “small claims court”.

PRIVACIDAD: Como condición para participar en el Sorteo, cada participante provee su consentimiento al Promotor para obtener y entregar el nombre del participante, su dirección y demás información a terceros, incluyendo el Administrador del Sorteo, para los propósitos de la administración de este Sorteo y para cumplir con las leyes, reglamentos y reglas aplicables, incluyendo sin con ello implicar limitación, el almacenamiento de su información personal para cumplir con requisitos de retención de datos exigidos por el estado. La información personal que el participante provea al Promotor podrá ser utilizada para comunicación con el participante en relación con este Sorteo y/o en un listado de ganadores del Sorteo. La información que es recopilada sobre el participante está sujeta a la Política de Privacidad del Promotor, disponible en https://www.gnc.com/privacy-statement/privacy-policy.html.

 

SOLICITUD DE REGLAS OFICIALES: Para solicitar una copia de las Reglas Oficiales, vea www.GNC.com/feel-like-a-celeb-sweeps o envíe un sobre pre-dirigido (con su nombre y dirección) y con franqueo pagado, a: The GNC “Feel Like a Celebrity” Sweepstakes Official Rules Request, PO Box 654, Social Circle, GA 30025-0654.

SOLICITUD DE CONFIRMACION DE GANADOR: Para una confirmación escrita de los ganadores (disponible después del 10 de abril de 2024) envíe un sobre pre-dirigido y con franqueo pagado (no mas tarde del 10 de mayo de 2024), a: The GNC “Feel Like a Celebrity” Sweepstakes Winner Confirmation Request, PO Box 654, Social Circle, GA 30025-0654.

Todas las marcas usadas en este documento son propiedad de sus respectivos dueños en los Estados Unidos de América y en el exterior. Todos los derechos reservados.