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Noom Eats Sweepstakes

NO PURCHASE OR SUBSCRIPTION OF THE SERVICES IS NECESSARY TO ENTER OR WIN THE SWEEPSTAKES.  A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.

By participating in this sweepstakes (the “Sweepstakes”), each entrant unconditionally accepts and agrees to comply with, and abide by, these rules (the “Official Rules”) and the decisions made by Noom, Inc.  (“Sponsor”) in enforcing the Official Rules, including without limitation the interpretation of these Official Rules and Sponsor’s exercise of discretion, which will be final and binding in all respects.

  1. Eligibility.  The Sweepstakes is open only to individuals who are (a) at least eighteen (18) years of age or older as of time and date of entry and (b) legal residents of the fifty (50) United States or the District of Columbia. Void in Puerto Rico, the U.S. Virgin Islands and other U.S. territories and possessions, and where prohibited by law.  Employees, officers and directors of Sponsor and its affiliates, agencies and vendors, prize suppliers and any other entity or individual involved in the administration of the Sweepstakes (collectively with Sponsor, the “Sweepstakes Entities”), and each of such employees’, officers’ and directors’ immediate family members and/or those living in the same household (whether legally related or not) of each such individual are not eligible to enter the Sweepstakes or win a prize. For purposes of the Sweepstakes, “immediate family members” are defined as spouse, partner, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren and “those living in the same household” shall mean people who share the same residence at least three (3) months a year, whether legally related or not.  Individuals may only enter a maximum of one (1) Sweepstakes (and, therefore, be awarded as a winner) every three (3) months. 
  2. Entry Period.  The Sweepstakes begins at 12:00 AM Eastern Time (“ET”) on October 11, 2023 and will end at 11:59 PM ET on October 30, 2023 (“Entry Period”). Sponsor’s designated database clock will be the official timekeeper for the Sweepstakes. 
  3. How to Enter.  You will automatically receive one (1) entry into the Sweepstakes drawing for each distinct, unique material submission. There is no limit on number of distinct, unique entries per person during the Entry Period. Any duplicate entries will be disqualified and void. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means are void and may be disqualified. Entries that are in excess of the stated limits, incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late or misdirected, deceptive or otherwise not in compliance with these Official Rules may be disqualified from the Sweepstakes at Sponsor’s sole and absolute discretion.  All materials submitted become the property of Sponsor and will not be returned.  In the event of a dispute over the identity of an entrant, an entry will be deemed submitted by the registered account holder of the email address associated with the entry for the domain associated with the submitted address, provided that person is eligible. Winners may be required to show proof of being the registered account holder.  Registered account holder is defined as the person assigned to an email address by an Internet access provider, on-line service provider or other organization responsible for assigning email addresses.  In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible.  For purposes of the Sweepstakes, an on-line entry is “received” when the Website’s servers record the entry information. Proof of sending (such as an automated computer receipt confirming entry or “thanks for entering” message) does not constitute proof of actual receipt of an entry for purposes of the Sweepstakes. Illegible and/or incomplete entries and entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void.  Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of Sponsor may be disqualified. 
  4. Winner Selection and Prize Claiming.  There will be one (1) winner selected in the Sweepstakes.  Each potential winner will be selected through a random drawing on or about thirty (30) days following the end of the Entry Period from all eligible entries received during the Entry Period in accordance with these Official Rules.  Sponsor will have complete discretion over interpretation of the Official Rules, of administration of the Sweepstakes, and of selection of the winners.  Decisions of the Sponsor as to the selection of winners will be final.  Each potential winner will be notified by email within a commercially reasonable time after the drawing or Sponsor may e-mail prizes to potential winners without prior notice. Once notified, winners will have three (3) months to claim the prize. Non-compliance with the foregoing or with any of these Official Rules in any way, the inability to contact the potential winner (as specified in this paragraph), or a return of prize notification as undeliverable may result in disqualification and, at Sponsor’s discretion and time permitting, Sponsor may award the prize to an alternate potential winner in a random drawing from among all remaining eligible entries. Sponsor will only attempt to contact potential winners who do not claim their prize once via email after the initial notification, using the contact information provided by the entrant. Each potential winner may be required to submit an affidavit of eligibility / release of liability / prize acceptance agreement (including a special tax consent document) (collectively, the “Affidavit”) and return the Affidavit to Sponsor within the time period specified at notification before being eligible to receive his or her prize.  If a potential prize winner fails or refuses to sign and return such Affidavit to Sponsor within the time period required by Sponsor or if the prize or prize notification is returned as rejected, faulty, unclaimed or undeliverable to such potential prize winner, such potential prize winner may be disqualified and an alternate may be selected.  Non-compliance shall result in disqualification and award of the prize to an alternate winner.  Parents or legal guardians of any prize winner under the age of majority in his or her state of residence (which is eighteen (18) in most states but is nineteen (19) in Alabama and Nebraska and twenty-one (21) in Mississippi) may be required to also sign the Affidavit for the prize winner to be qualified to receive his or her prize.  If a potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules, or if a potential prize winner declines a prize for any reason prior to award, such potential winner may be disqualified and an alternate potential winner may be selected.  If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s).  Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances.  Sponsor is not responsible for, and shall not be liable for, late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential winner. The Sweepstakes Entities are not responsible for false, incorrect, changed or incomplete contact information.  Notification is deemed to have occurred immediately upon sending of an email. The Sweepstakes Entities are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s email account to receive email messages.  
  5. Odds.  Odds of winning will depend upon the total number of eligible entries received during the Entry Period. 
  6. Prize and Value.  The prize to be awarded to each confirmed winner in the Sweepstakes is as follows: a $300.00 Amazon e-Gift Card.  The total approximate retail value (“ARV”) of the prize is $300.00.  Amazon.com is not a sponsor of the Sweepstakes.  Except as required by law, Amazon.com e-Gift Cards (“Gift Cards”) cannot be transferred for value or redeemed for cash.  The Gift Cards may be used only for purchases of eligible goods at Amazon.com or certain of its affiliated websites.  For complete terms and conditions, see www.amazon.com/gc-legal.  The Gift Cards are issued by ACI Gift Cards, Inc., a Washington corporation.  All Amazon ®, ™ & © are IP of Amazon.com, Inc. or its affiliates. No expiration date or service fees. The prize is non-transferable, with no cash redemptions, equivalents or substitutions, except at Sponsor’s sole and absolute discretion. All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion.  Prize details and availability are subject to change and prize provider’s rules and restrictions, and in the event that Sponsor is unable to provide a winner with his or her prize(s), the Sponsor may elect to provide winners with the approximate value of such item in cash or award an alternate prize of comparable or greater value.  All prize(s) are awarded “AS IS” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose).  Prize winners will be solely responsible for all federal, state, and/or local taxes, and for any other fees or costs associated with the prizes they receive, regardless of whether they, in whole or in part, are used.  The winners may be required to provide Sponsor with a valid social security number before the prize will be awarded for tax reporting purposes.  Unclaimed prize(s) will be forfeited.  Prizes, if legitimately claimed, will be awarded.  The Sweepstakes Entities are not responsible for and will not replace any lost, mutilated or stolen prize(s) or any prize that is undeliverable or does not reach a winner because of an incorrect or changed address.  If a winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and the Sweepstakes Entities will have no further obligation with respect to that prize or portion of the prize.  No more than the stated prize(s) will be awarded. The Sweepstakes Entities are not responsible for, and winner will not receive, the difference, in any, between the actual value of the prizes at the time of award and the stated ARV in these Official Rules or in any Sweepstakes-related correspondence or material.  
  7. Publicity Release. Subject to applicable law, winners irrevocably grant to the Sweepstakes Entities, and each of their licensees, and its and their successors, assigns and sub-licensees, the right and permission to use his/her name, voice, likeness and/or biographical material for advertising, promotional and/or publicity purposes in connection with the Sweepstakes, in all forms of media and by all manners (now and hereafter known), and on and in connection with related products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any obligation, notice or consideration, except for the awarding of the prizes to the winners. 
  8. Tampering with Sweepstakes. The Sweepstakes Entities are not responsible for the actions of entrants in connection with the Sweepstakes, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes.  Persons found tampering with or abusing any aspect of the Sweepstakes, or whom Sponsor believes to be causing malfunction, error, disruption or damage may be disqualified.  Additionally, any attempt to cheat the Sweepstakes or violate applicable law, as determined at the sole and absolute discretion of Sponsor, may result in immediate disqualification of the entrant, as well as other possible consequences, including disqualification from any and all existing and future sweepstakes.  ANY ATTEMPT BY A PERSON TO UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.  Sponsor reserves the right, at its sole and absolute discretion, to disqualify (or terminate the prize of) any individual who is found to be, or suspected of, acting in violation of these Official Rules or applicable law, or to be acting in an unsportsmanlike, obscene, immoral or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person.
  9. Suspension / Modification / Termination. In the event Sponsor is prevented from continuing with the Sweepstakes by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Sweepstakes by any party, 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 to modify, suspend or terminate the Sweepstakes or prize.  Sponsor additionally reserves the right, in its sole and absolute discretion: (a) to modify, suspend or terminate the Sweepstakes should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Sweepstakes; or (b) to disqualify any entrant found to be, or suspected of: (i) tampering with the entry process or the operation of the Sweepstakes; (ii) acting in violation of these Official Rules; or (iii) acting in an un-sportsmanlike manner.
  10. Waivers, Disclaimers and Releases.  By participating in the Sweepstakes, entrant agrees to release, discharge, indemnify and hold harmless the Sweepstakes Entities and each of their respective directors, officers, employees, agents, successors and assigns (“Released Parties”) from and against any and all claims, liability, costs (including attorneys’ fees), losses, damages, fines or injuries (up to and including bodily injury and death) of any kind arising out of or related to: (i) entrants’ participation in the Sweepstakes; (ii) any acceptance, possession, misuse or use of any prize (including, without limitation, losses, damages or injuries to entrant’s or any other person’s equipment or other property, or to their persons, including those arising from any travel to/from any prize event or activity); (iii) the Released Parties’ violation of rights of publicity or privacy, claims of defamation or portrayal in a false light or based on any claim of infringement of intellectual property; and (iv) any typographical, human or other error in the printing, offering, selection, operation or announcement of any Sweepstakes activity and/or prize.  Each entrant hereby acknowledges that the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to a prize.
  11. Entry Information and Sweepstakes Communications. As a condition of entering the Sweepstakes, each entrant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties for the purpose of administering the Sweepstakes and to comply with applicable laws, regulations and rules.  Any information entrant provides to Sponsor may be used to communicate with entrant in relation to the Sweepstakes or on a Sweepstakes winner’s list.  Any information submitted by or collected from any individual by Sponsor is subject to Sponsor’s privacy policy available at:  https://web.noom.com/noom-privacy-policy/.  To learn more about Sponsor’s collection and use of personal information, and consumers’ rights to opt-out of certain ways the personal information is shared, please review the privacy policy.
  12. Governing Law / 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 New York, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws. Any claim or litigation arising out of the Sweepstakes or these Official Rules shall be maintained only in courts physically located in New York County, New York, and entrant hereby consents to the personal jurisdiction of such courts.  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; AND (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.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
  13. Material Submissions.  By submitting material (in any form of media) to Noom and in consideration of the opportunity to win a prize under this Sweepstakes, Entrant hereby grants and assigns to Noom and its successors, licensees, and assigns ownership of such materials. For the avoidance of doubt, Noom will use, reproduce, distribute, display, publicly perform, exhibit, and otherwise exploit the Entrant’s submitted materials, in whole or in part, in every mode of distribution media, including without limitation in any and all advertising and promotion relating to Noom and its products, as Noom determines in its sole discretion.
  14. List of Sweepstakes Winners. To receive the names of the winners, within sixty (60) days of the end of the Entry Period, send an email with the subject line “Noom Eats Sweepstakes Winner’s List” to: legal@noom.com.  
  15. Miscellaneous.  The invalidity or unenforceability of any provision of these Official Rules or the Affidavit will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the Affidavit is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.  Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision.  Entrants agree to waive any rights to claim ambiguity of these Official Rules.  Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof.  In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials, privacy policy or terms of use on the Website and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.  
  16. Sponsor.  The Sweepstakes is sponsored by Noom, Inc. with a principal place of business located at 450 W. 33rd Street, 11th Floor, New York, NY 10001.