Teacher appreciation Giveaway
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR ODDS OF WINNING.
- All social media contests attract scam artists so beware of direct messages.
- We will NOT contact you to ask for credit card information, ever. Selected winners need only provide an email address and country of residence to receive the prize.
- When we contact a winner, we’ll only ask for their email address in order to send their gift card.
- Any attempt to send you a link or solicit other information from you is a scam.
- Never provide bank or credit card information to anyone contacting you via social media.
- Scammers create accounts that look similar to ours, but they can be spotted by their lack of post history and low follower count. The real Zyia Active account has years of history and over 140,000+ followers.
- Follow @Zyiactive and like the giveaway post.
- Comment on the post by tagging an educator and telling us what makes them exceptional in the classroom. Include the educator’s country of residence (US, Canada, or Australia only).
- Nominate unlimited teachers each day for additional chances at winning. However, nominees may win only once.
All Entries must be complete before the end of the Giveaway Period to be eligible for the prize. Normal Internet access and device usage charges imposed by your on-line service may apply. Sponsor reserves the right to disqualify any non-conforming Entries.
Sponsor also assumes no responsibility for computer system, hardware, software or program malfunctions or other errors, failures, delayed computer transactions or network connections that are human or technical in nature, or for damaged, lost, late, garbled or misdirected Entries; technical, hardware, software, electronic or telephone failures of any kind; lost or unavailable network connections; fraudulent, incomplete, garbled or delayed computer transmissions whether caused by Sponsor, the users, or by any of the equipment or programming associated with or utilized in this Giveaway; or by any technical or human error that may occur in the processing of submissions or downloading that may limit, delay or prevent an entrant’s ability to participate in the Giveaway.
Sponsor reserves the right, in its sole discretion, to cancel or suspend this Giveaway and award the prizes from the Entries submitted up to the time of termination or suspension should causes beyond Sponsor’s control, including unauthorized human intervention, which, in the sole opinion of Sponsor, corrupt, compromise or materially affect the administration, fairness, security or proper play of the Giveaway or proper submission of entries. Sponsor is not liable for any loss, injury or damage caused, whether directly or indirectly, in whole or in part, from downloading data or otherwise participating in this Giveaway.
CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS GIVEAWAY MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW.
Selection of the Winner:-
- One winner will be selected daily from the United States, Canada, and Australia.
- Winners will be chosen at random or based on the heartfelt and compelling nature of the nomination.
- Zyia Active will contact potential winners via direct message (DM) from the official @Zyiaactive Instagram account only. Be cautious of fake accounts and scams. We will only ask for the winner’s email address so we can open a ticket with our Customer Support department where the winner’s order can be placed. We will not ask for credit card or bank information of any kind, ever.
- Potential winners must respond within seven (7) business days to qualify. If a potential winner does not respond within the specified time, they will forfeit the prize, and an alternate winner may be selected.
Notification of the Winner: The potential winner will be notified via Instagram Private Message within 2 business days of the selection date. Potential winners must respond within seven (7) business days to qualify. If a potential winner does not respond within the specified time, they will forfeit the prize, and an alternate winner may be selected.
Requirements of the Winner:
Potential winners may be required to verify their status as an educator by presenting a professional credential or identification to our Customer Service team. Zyia Active reserves the right to disqualify any entry if it is determined that the entry does not comply with these official rules.
Requirements of Winners: For Canadian residents: Before being declared a Winner, the potential winner must correctly answer, without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill-testing question to be administered during a pre-arranged telephone call or by e-mail.
Prize: The Winner will receive three free in-stock Zyia Active products (the “Prize”), approximate retail value up to $300 USD.
Prizes are non-transferable and non-refundable, and no substitutions will be made except as provided herein, in the Sponsor’s sole discretion. Sponsor reserves the right to substitute a particular Prize for one of comparable or greater value. Sponsor will not replace any lost, mutilated, or stolen gift cards. Standard terms and conditions apply. Prizes are not redeemable for cash.
Winners are responsible for any and all applicable local, state, provincial and/or federal taxes and fees. Sponsor will issue a Form 1099 to any Winner receiving a prize with a total retail value of $600 or more. PRIZES ARE AWARDED AS IS AND WITHOUT CONDITION, WARRANTY, GUARANTEE OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) BEYOND THE CUSTOMARY REPRESENTATIONS PROVIDED WHEN THE PRIZE IS SOLD AT RETAIL.
Privacy: By submitting an entry, participants acknowledge and agree that any personal information that they provided may be maintained, used and disclosed in accordance with Sponsor’s privacy policy, which can be found at https://zyiaactive.com/privacy-policy/
Release and Publicity: You are participating in the Giveaway voluntarily. You assume all such risks and all related damages and losses, whether caused in whole or in part by any act or omission of Sponsor, or its affiliates, or any of their officers, directors, employees, agents, partners and licensors (“Sponsor Parties”), even where such acts or omissions are negligent. You voluntarily release, waive, discharge and hold harmless the Sponsor Parties from any and all claims, demands or causes of action for property damage, bodily injury, wrongful death, loss of services or other claims arising from or relating to your participation in the Giveaway and/or acceptance, possession and use of any prize.
BY RECEIPT OF ANY PRIZE AND/OR BY SIGNING AN AFFIDAVIT OF ELIGIBILITY AND LIABILITY/PUBLICITY RELEASE, IF REQUESTED, WINNERS CONSENT TO THE USE OF THEIR NAME AND ADDRESS BY SPONSOR FOR ADVERTISING AND PROMOTIONAL PURPOSES, WITHOUT ANY ADDITIONAL COMPENSATION, EXCEPT WHERE PROHIBITED.
Limitations on Liability: IN NO EVENT SHALL THE SPONSOR PARTIES BE LIABLE TO ANY PARTICIPANT OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM THE GIVEAWAY, ANY PRIZE AWARDED OR TO BE AWARDED IN THE GIVEAWAY, UNDER THESE OFFICIAL RULES, IN CONNECTION WITH THEIR PERFORMANCE OR BREACH, OR IN CONNECTION WITH ANY WARRANTIES HEREUNDER, OR IN CONNECTION WITH GIVEAWAY OR YOUR USE OF ANY PRIZE AWARDED IN THE GIVEAWAY, INCLUDING FOR THEIR NEGLIGENCE, INCLUDING ANY LOSS OF PROFITS OR SAVINGS OR ANTICIPATED PROFITS OR SAVINGS, DATA, OPPORTUNITY, REPUTATION, GOODWILL, OR BUSINESS, EVEN IF THE SPONSOR PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
THE SPONSOR PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITY, OR LOSS THAT YOU MAY INCUR, OR FOR ANY OTHER UNDESIRABLE CONSEQUENCES, RESULTING FROM: (1) ANY SUSPENSION OR DISRUPTION OF THE GIVEAWAY, INCLUDING WHERE SUCH SUSPENSION OR DISRUPTION RESULTS FROM SPONSOR’S NEGLIGENCE, (2) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, INCLUDING BUT NOT LIMITED TO TYPOGRAPHICAL OR OTHER ERRORS IN THE PRINTING OF ANY OFFER OR ADMINISTRATION OF THESE OFFICIAL RULES OR IN THE ANNOUNCEMENT OF ANY PRIZES OR WINNERS (3) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR PARTICIPATION IN THE GIVEAWAY OR THE ACCEPTANCE, USE OR PARTICIPATION IN ANY PRIZE, (4) UNAUTHORIZED ACCESS TO OR USE OF SPONSOR’S SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (5) INTERRUPTION OR CESSATION OF ANY TRANSMISSION IN CONNECTION WITH THE GIVEAWAY; (6) INADEQUATE OR FAULTY HARDWARE OPERATING THE GIVEAWAY; (7) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE GIVEAWAY BY ANY THIRD PARTY, (8) USER SUBMISSIONS, CONTENT OR THIRD-PARTY WEBSITES OR APPS; (9) DISCLOSURE OF, UNAUTHORIZED ACCESS TO, OR ALTERATION OF YOUR INFORMATION; (10) ERRORS OR OMISSIONS IN ANY CONTENT; OR (11) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT, YOUR INTERACTIONS WITH ANY ADVERTISERS, PRIZE DONORS, EVENT ORGANIZERS, OR SPONSORS WHEREIN SUCH CONTENT OR ADVERTISEMENT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE IN CONNECTION WITH THE GIVEAWAY, OR YOUR ATTENDANCE AT ANY EVENT LISTED ON SPONSOR’S WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE SPONSOR PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
THE SPONSOR PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITY, OR LOSS THAT YOU OR ANY OTHER PERSON MAY INCUR, OR FOR ANY OTHER UNDESIRABLE CONSEQUENCES, RESULTING FROM YOUR BREACH OF YOUR WARRANTIES OR OTHER OBLIGATIONS UNDER THESE OFFICIAL RULES, INCLUDING, WITHOUT LIMITATION, THE OBLIGATION TO AVOID SHARING YOUR EMAIL ACCOUNT INFORMATION WITH ANY OTHER PERSON.
THE SPONSOR PARTIES’ MAXIMUM AGGREGATE LIABILITY FOR ANY SINGLE EVENT (OR A SERIES OF RELATED EVENTS) GIVING RISE TO A CLAIM IN CONNECTION WITH THESE OFFICIAL RULES OR IN RELATION TO THE GIVEAWAY, EITHER FOR BREACH OF CONTRACT, BREACH OF WARRANTY, MISREPRESENTATION, OR NEGLIGENCE, WILL BE LIMITED TO $50 USD.
BY PARTICIPATING IN THE GIVEAWAY, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND, IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Any claims relating to the Giveaway must be bought within one (1) year from the date the cause of action arose. Claims brought after such period are VOID.
Governing Law: These Official Rules shall be governed by and construed and enforced in accordance with the United States Federal Arbitration Act, other applicable federal laws and the laws of the State of Utah, without regard to conflict of laws principles.
DISPUTES: IF ANY DISPUTE ARISES BETWEEN SPONSOR AND YOU ARISING OUT OF OR RELATING IN ANY WAY TO THESE official rules, YOUR PARTICIPATION IN THE GIVEAWAY, INCLUDING, BUT NOT LIMITED TO, THE VALIDITY, APPLICABILITY OR INTERPRETATION OF THESE OFFICIAL RULES, OR ANY PRIZES TO BE AWARDED OR ACTUALLY AWARDED IN CONNECTION WITH THE GIVEAWAY, WE BOTH AGREE THAT THE DISPUTE WILL BE SETTLED ONLY THROUGH ARBITRATION. This means that neither Sponsor nor you will sue in court before a judge or jury, individually or as a class member. Instead, one neutral arbitrator will decide the dispute, and the arbitrator’s decision will be final except for a limited right of appeal under the Federal Arbitration Act. The arbitrator may award declaratory or injunctive relief only for the individual claims between Sponsor and you.
The arbitration will be administered by American Arbitration Association (“AAA”), in accordance with its Consumer Arbitration Rules. The arbitrator will be bound to follow applicable federal and state laws and regulations in deciding all issues and in rendering any award. The parties will be entitled to invoke the rules of discovery applicable to state court proceedings. The arbitration proceedings will be conclusive and not appealable, and any party to any award rendered in any arbitration proceeding will be entitled to have judgment entered on that award. Arbitration will take place in either Salt Lake City, Utah or, at your election, in the county where you are located. Each of us will pay our own attorneys’ fees and expenses and one-half of the arbitrator’s fees and expenses.
You may reject any change we make to this arbitration section and class action waiver by sending Sponsor notice within 30 days of the change. You may also opt out of this Arbitration Clause and Class Action Wavier by sending Sponsor a written notice so stating within 30 days following any transaction with us and retaining a copy of that opt out notice as well as proof of mailing of Your opt-out notice within the prescribed period. Either notice must be sent to Sponsor at 294 W Life Science Way, Draper, UT 84020. If you do not provide notice and retain a copy for your records, this Arbitration Clause and Class Action Wavier will apply.
SPONSOR AND YOU AGREE THAT ANY PROCEEDINGS TO RESOLVE ANY DISPUTE, INCLUDING ARBITRATION AND LITIGATION IN COURT, WILL BE CONDUCTED INDIVIDUALLY ONLY. Neither of us will seek to have any dispute heard as a class action, a class-wide arbitration, a private attorney-general action, or any other proceeding in which either of us acts or proposes to act as a representative for others. Sponsor and You also agree that no arbitration or other proceeding will be combined with another arbitration or proceeding without the written consent of Sponsor, you, and every other party to that arbitration or proceeding.
Severability: If any provision of these Official Rules is held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its invalidity or unenforceability, without in any way affecting the remaining parts of these Official Rules.
Giveaway Results and Official Rules: To obtain the identity of the Winner and/or a copy of these Official Rules, send an email to giveaway-results@zyiaactive.com.
This giveaway is in no way sponsored, administered, or associated with Instagram. By entering, entrants confirm THAT THEY release Instagram of ANY AND ALL responsibility.