Official Rules - Be Xtraordinary® Stair Climb Challenge Sweepstakes

THE BE XTRAORDINARY®  STAIR CLIMB CHALLENGE SWEEPSTAKES OFFICIAL RULES

NO PURCHASE, PAYMENT OR DONATION NECESSARY TO ENTER OR WIN. MAKING A PURCHASE, PAYMENT OR DONATION 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.

ELIGIBILITY: The Be Xtraordinary®  Stair Climb Challenge Sweepstakes (the “Promotion”) is open to legal residents of the 48 contiguous United States, including the District of Columbia, who are age 18 or older at the time of entry. Void in Hawaii, Alaska, Puerto Rico, Guam, the U.S. Virgin Islands, outside the U.S., and wherever else prohibited by law. Employees of Advanced Bio Development, Inc. (the "Sponsor"), US Sweepstakes & Fulfillment Company (the “Promotion Administrator”), National Fallen Firefighters Foundation 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. Promotion is subject to all applicable federal, state and local laws and regulations.

SWEEPSTAKES ENTRY PERIODS: The Promotion begins at 12:00:00 AM Eastern Time (“ET”) on Tuesday, May 21, 2019 and ends at 11:59:59 PM ET on Thursday, October 31, 2019 (the “Promotion Period”). The Promotion has two components: A Grand Prize & First Prize Sweepstakes (the “Grand Prize & First Prize Sweepstakes”) and a Monthly Prize Sweepstakes (the “Monthly Sweepstakes”). The Grand Prize & First Prize Sweepstakes and the Monthly Prize Sweepstakes are collectively referred to herein as the “Promotion”.

The Grand Prize & First Prize Sweepstakes will include one (1) random drawing from among all eligible entries received during the Promotion Period.

The Monthly Sweepstakes will include five (5) Monthly Entry Periods (each, a “Monthly Entry Period”) and five (5) corresponding Monthly Random Drawings (each, a “Monthly Drawing”) as defined in the “Monthly Entry Periods & Monthly Drawings Schedule” below. Entries must be received during a Monthly Entry Period to be eligible for that Monthly Entry Period’s drawing and prize. Non-winning entries for a Monthly Entry Period will roll over to subsequent Monthly Entry Periods.

Sponsor’s computer is the official timekeeping device for this Promotion.

MONTHLY ENTRY PERIOD & DRAWINGS SCHEDULE Entry Period # MONTHLY ENTRY PERIODS All eligible entries must be received between: Monthly Drawing Date: On or about: # of Prizes per Monthly Entry Period Monthly Entry Period Start: 12:00:00 AM ET on: Monthly Entry Period End: 11:59:59 PM ET on: 1 5/21/19 6/30/19 7/2/19 1 2 5/21/19 7/31/19 8/2/19 1 3 5/21/19 8/31/19 9/4/19 1 4 5/21/19 9/30/19 10/2/19 1 5 5/21/19 10/31/19 11/4/19 1

HOW TO ENTER:

• Take an original photo (the “Photo”) or video (the “Video”) (collectively, the “Photo”) of yourself participating in a stair workout;

• Log into your public Instagram account, follow @x2naturalenergy and post the Photo to your Instagram account, including the hashtags #beXtraordinary and #Sweepstakes and @x2naturalenergy and @fireheronfff in the Photo caption to receive one (1) entry into the Promotion (the “Entry”).

All Entries must be received during the Promotion Period to be eligible. By using the hashtags, participant indicates his/her agreement to these Official Rules. Entrant’s Instagram settings must be public. Entries uploaded from “private” Instagram accounts will not be eligible. Entrants must follow and continue to follow @x2naturalenergy through at least November 30, 2019 in order to be notified in the event he/she is a potential winner. By submitting an Entry, Entrants agree to Instagram’s Terms of Use. This Promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram LLC. IMPORTANT: MESSAGE AND DATA RATES MAY APPLY TO USE OF MOBILE/ PHONE/DEVICE TO PARTICIPATE IN PROMOTION. INSTAGRAM IS FREE TO DOWNLOAD AND AVAILABLE FOR iPHONE FROM THE APPLE APPLICATION STORE AND FOR ANDROID FROM THE GOOGLE PLAY STORE.

Each Entry must include an original Photo. Entries submitted with a Photo that has already been submitted or that is substantially the same as a previously submitted Photo, as determined by the Sponsor in its sole discretion, will be disqualified.

Limits of entry:

• There is a limit of one (1) Entry per person per Monthly Entry Period.

• There is a limit of one (1) Entry per unique Photo. Entries submitted with a Photo that has already been submitted to the Promotion will be disqualified.

• There is a limit of one (1) Monthly Prize per person.

Once an Entry is submitted it cannot be modified by an Entrant. Sponsor is not responsible for lost, late, incomplete, illegible, garbled, inaccurate, invalid, misdirected, undelivered, or delayed Entries. No altered or incomplete submissions will be accepted.

Entries may be posted to a public gallery on the Sponsor’s website(s). The Sponsor may review all submitted Entries prior to such Entries being published and reserves the right in its sole and absolute discretion to reject, disqualify and/or remove any Entry that violates these Official Rules without any notification or warning. Posting to the public gallery on the Sponsor’s website does not indicate the Entry has complied with the Official Rules. Sponsor reserves the right to post sample Photos it has created in connection with the Promotion on the Sponsor’s websites and social sites. Sponsor does not guarantee the posting of any Entry.

PROMOTION ENTRY REQUIREMENTS & CONDITIONS: All Entries must comply with the following minimum guidelines to be eligible:

• The Entrant should be the primary subject of the Photo. No other individuals may appear in the Photo without express written permission. If Photo features a minor under the age of majority in his/her state of residence, you must obtain written permission from the minor’s legal guardian.

• Photos must conform to the format and size requirements and limitations of the Instagram.

• Entry and Photo cannot contain content that is irrelevant to the purpose of the Promotion.

• Once a Photo has been submitted, it cannot be modified or deleted by Entrant.

• No duplicate Photos or substantially similar Photos, as determined by the Sponsor’s in its sole discretion, may be submitted.

• By submitting a Photo taken by a third party, Entrant warrants and represents that he/she has secured all rights and clearances to the Photo from the photographer.

• Entry and Photo cannot be profane, pornographic, sexually explicit or suggestive or contain nudity.

• Entry and Photo cannot be violent or promote firearms/weapons.

• Entry and Photo cannot promote alcohol, illegal drugs or tobacco.

• Entry and Photo cannot defame, misrepresent or contain disparaging remarks about people, brands, products or companies.

• Entry and Photo cannot contain content that defaces or depicts any person, brand, product or company in a negative or inappropriate manner.

• Entry and Photo cannot be obscene or offensive, endorse any form of hate or hate group or be derogatory to any ethic, racial, gender, religious, professional or age group.

• Entry and Photo cannot reference or contain materials embodying copyrighted images, names, likenesses or other indicia identifying any brand, products, company or person, living or dead, without permission.

• Entry and Photo cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor and Instagram wish to associate.

• Entry and Photo cannot depict illegal activity and cannot itself be in violation of any law.

• Entry and Photo cannot in any way reference persons or organizations without written permission from any person or organization whose name or likeness is used.

• Entry and Photo may not include images of a known celebrity, famous or well-known person or any image which violates the right of privacy or publicity of any person.

• Photo cannot have been submitted previously in a promotion of any kind or won any previous awards.

By submitting an Entry, the Entrant understands and grants to the Sponsor an irrevocable, perpetual, non-exclusive worldwide license to use his/her Entry, Photo, name, hometown and likeness on the Sponsor’s various websites and social media sites and in advertising and/or promotional activities worldwide without compensation, permission or notification. Sponsor reserves the right in its sole and absolute discretion to alter, change or modify any Entry, which includes the Photo.

By submitting an Entry, entrant warrants and represents that: (a) Entry does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other legal or moral rights of any person or entity; (b) entrant owns all rights to the Entry, including without limitation, copyrights, and has received prior written permission from a third party if any Photo was photographed by someone other than the entrant him/herself; and (c) entrant will indemnify and hold harmless the Sponsor, Promotion Administrator and related entities, agents and assigns from any claims and damages (including reasonable attorneys' fees) arising from or relating to the breach or alleged breach of your representations and warranties herein, the Entry, or entrant’s conduct in creating the Entry, the acceptance or use of any prize or otherwise in connection with this Promotion.

PROMOTION ENTRIES ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER.

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

Monthly Prizes: There are five (5) Monthly Prizes available to be won. Each Monthly Prize winner will receive a one (1) year supply of X2 Energy. One (1) year supply of X2 Energy will include twelve (12) monthly shipments of one (1) 12-pack of X2 Energy. The ARV of each Monthly Prize is: $338.40. There is a limit of one (1) Monthly prize per person. Odds of winning a Monthly Prize will depend upon the total number of eligible entries received per Monthly Entry Period.

First Prize: There is one (1) First Prize available to be won. One (1) First Prize winner will receive a trip package for two (2) people, winner and one (1) guest, to a 2020 NFFF 9/11 Stair Climb event of winner’s choice within the 48 contiguous United States. Trip package includes:

• Round-trip, coach-class air-transportation for winner and one (1) guest from winner’s nearest major airport, as determined by Sponsor, to the winner’s choice of one (1) NFFF 9/11 Stair Climb event location within the 48 contiguous United States;

• Three (3) days/two (2) nights hotel accommodations at a hotel of Sponsor’s choice based on single room/double occupancy; and

• Two (2) tickets to a 2020 NFFF 9/11 Stair Climb event of winner’s choice.

The ARV of the First Prize is: $1,000.00.The ARV may vary based upon dates of travel and points of departure and arrival. The difference between the ARV and actual value of the First Prize will not be awarded. Odds of winning the First Prize will depend upon the total number of eligible entries received during the Promotion Period. All travel related expenses, including but not limited to, ground transportation, taxes, gratuities, incidentals, upgrades, insurance, service charges, airport surcharges, departure taxes, hotel, resort or property fees, luggage fees, food & beverage and personal expenses such as telephone/Internet charges, and gift shop purchases are the sole responsibility of First Prize winner. First Prize winner and travel companion must travel on same itinerary. First Prize winner and travel companion must have valid photo ID prior to departure. First Prize must be used between January 1, 2020 and December 31, 2020 or prize will be forfeited. Dates are subject to change. Sponsor will, in its sole discretion, determine which airport is closest to the First Prize winner’s home. In the event the First Prize winner’s residence is close enough to the location of the winner’s chosen NFFF 911 Stair Climb Event such that air transportation is deemed by Sponsor in its sole discretion to be unnecessary, the First Prize will not include air transportation from such First Prize winner’s residence and no other substitution or compensation will be provided in lieu thereof. The First Prize winner and his/her travel companion are responsible for obtaining any travel insurance (and all other forms of insurance) that they may wish to obtain (at their own expense) and hereby acknowledge that the Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. Photo identification and credit card or cash deposit may be required at any time for incidental charges (e.g., room service, use of telephone/IT services, laundry and all other optional extra services not provided in the First Prize). If First Prize winner elects to travel or partake in the First Prize with no guest, no additional compensation will be awarded. All hotel reservations are based on availability and all holidays are excluded. Accommodations are subject to availability at time of reservation. Blackout dates, advance booking requirements and travel restrictions may apply. Availability is subject to factors such as weather, seasonality and space availability. Reservations are subject to availability. If weather or other incident or conditions beyond the control of the Sponsor affects the ability for winner and his/her guest to redeem any portion of prize during the scheduled date and time, then the Sponsor shall have no further obligation to the winner and/or guest other than to supply the remaining elements of the prize package minus the unused portion of prize. Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, prize providers or any other persons providing any prize-related services or accommodations. Sponsor is not liable for expenses incurred as a consequence of flight cancellation/delay. No refund or compensation will be made in the event of the cancellation or delay of any transportation or other prize element except at the sole and absolute discretion of Sponsor. If for any reason whatsoever, winner and/or guests are unable to travel after all travel arrangements have been made and paid, the Sponsor shall have no further obligation to the winner. If First Prize is forfeited prior to Sponsor finalizing and paying for travel, and there is sufficient time to notify an alternate winner, the prize will be awarded to an alternate winner in a separate random drawing from among all non-winning eligible entries. Winner and guest are responsible for obtaining the proper travel documentation (e.g., valid photo ID, passport) prior to travel. First Prize winner’s travel companion must be legal U.S. resident, 18 years or older and the age of majority in his/her state of residence, unless Travel Companion is a child of the winner. Travel Companion must complete and return a Travel Companion Liability & Publicity Release prior to travel as noted above. If winner’s travel companion is deemed a minor in his or her state of primary residence, First Prize winner must be minor travel companion’s parent or legal guardian and must execute the Travel Companion Liability Release on the minor travel companion’s behalf, as applicable. In the event the First Prize winner or his/her travel companion engages in behavior that, as determined by the Sponsor in its sole discretion, is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the trip early, whole or in part, and send the winner and his/her guest home with no further obligation. In the event the First Prize winner and/or his/her guest engages in behavior during travel that (as determined by Sponsor in its sole discretion) is illegal, tortious, or subjects winner to arrest or detention, Sponsor shall have no obligation to pay any damages, fees, fines, judgments or other costs or expenses of any kind whatsoever incurred by winner and/or guest as a result of such conduct. SPONSOR SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF ANY TRAVEL RELATED TO THE PRIZE OR ANY OTHER ASPECT OF FIRST PRIZE WINNER’S ACCEPTANCE OR USE OF THE PRIZE.

Grand Prize: There is one (1) Grand Prize available to be won. One (1) Grand Prize winner will receive a trip package for two (2) people, winner and one (1) guest, to Miami, Florida from January 31, 2020 to February 3, 2020. Trip package includes:

• Round-trip, coach-class air-transportation for winner and one (1) guest to Miami, Florida from a major airport within the 48 contiguous United States nearest the winner’s residence as determined by Sponsor;

- Four (4) days/three (3) nights hotel accommodations at a hotel of Sponsor’s choice based on single room/double occupancy; and

- Cash to purchase two (2) tickets to the Sunday, February 2, 2020 football game at Miami Gardens.

The ARV of Grand Prize: $7,000.00. The ARV may vary based upon dates of travel and point of departure. The difference between the ARV and actual value of the Grand Prize will not be awarded. Grand Prize trip package must be taken on dates specified by Sponsor or prize will be forfeited in its entirety. Odds of winning the Grand Prize depend upon the total number of eligible entries received during the Promotion Period. All travel related expenses, including but not limited to, ground transportation, taxes, gratuities, incidentals, upgrades, insurance, service charges, airport surcharges, departure taxes, hotel, resort or property fees, luggage fees, food & beverage and personal expenses such as telephone/Internet charges, and gift shop purchases are the sole responsibility of Grand Prize winner. Grand Prize winner and travel companion must travel on same itinerary. Grand Prize winner and travel companion must have valid photo ID prior to departure. Grand Prize must be used on dates specified or Grand Prize will be forfeited. Dates are subject to change. Sponsor will, in its sole discretion, determine which airport is closest to the Grand Prize winner’s home. In the event the Grand Prize winner’s residence is close enough to Miami, Florida such that air transportation is deemed by Sponsor in its sole discretion to be unnecessary, the Grand Prize will not include air transportation from such Grand Prize winner’s residence and no other substitution or compensation will be provided in lieu thereof. The Grand Prize winner and his/her travel companion are responsible for obtaining any travel insurance (and all other forms of insurance) that they may wish to obtain (at their own expense) and hereby acknowledge that the Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. Photo identification and credit card or cash deposit may be required at any time for incidental charges (e.g., room service, use of telephone/IT services, laundry and all other optional extra services not provided in the Grand Prize). If Grand Prize winner elects to travel or partake in the Grand Prize with no guest, no additional compensation will be awarded. All hotel reservations are based on availability and all holidays are excluded. Accommodations are subject to availability at time of reservation. Blackout dates, advance booking requirements and travel restrictions may apply. Availability is subject to factors such as weather, seasonality and space availability. Reservations are subject to availability. If weather or other incident or conditions beyond the control of the Sponsor affects the ability for Grand Prize winner and his/her guest to redeem any portion of prize during the scheduled date and time, then the Sponsor shall have no further obligation to the winner and/or guest other than to supply the remaining elements of the prize package minus the unused portion of prize. Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, prize providers or any other persons providing any prize-related services or accommodations. Sponsor is not liable for expenses incurred as a consequence of flight cancellation/delay. No refund or compensation will be made in the event of the cancellation or delay of any transportation or other prize element except at the sole and absolute discretion of Sponsor. If for any reason whatsoever, winner and/or guest are unable to travel after all travel arrangements have been made and paid, the Sponsor shall have no further obligation to the winner. If Grand Prize is forfeited prior to Sponsor finalizing and paying for travel, and there is sufficient time to notify an alternate winner, the prize will be awarded to an alternate winner in a separate random drawing from among all non-winning eligible entries. Grand Prize winner and guest are responsible for obtaining the proper travel documentation (e.g., valid photo ID, passport) prior to travel. Grand Prize winner’s travel companion must be legal U.S. resident, 18 years or older and the age of majority in his/her state of residence, unless Travel Companion is a child of the winner. Travel Companion must complete and return a Travel Companion Liability & Publicity Release prior to travel as noted above. If winner’s travel companion is deemed a minor in his or her state of primary residence, Grand Prize winner must be minor travel companion’s parent or legal guardian and must execute the Travel Companion Liability Release on the minor travel companion’s behalf, as applicable. In the event the Grand Prize winner or his/her travel companion engages in behavior that, as determined by the Sponsor in its sole discretion, is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the trip early, whole or in part, and send the winner and his/her guest home with no further obligation. In the event a Grand Prize winner and/or his/her guest engages in behavior during travel that (as determined by Sponsor in its sole discretion) is illegal, tortious, or subjects winner or guest to arrest or detention, Sponsor shall have no obligation to pay any damages, fees, fines, judgments or other costs or expenses of any kind whatsoever incurred by winner/guest as a result of such conduct. SPONSOR SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF ANY TRAVEL RELATED TO THE PRIZE OR ANY OTHER ASPECT OF GRAND PRIZE WINNER’S ACCEPTANCE OR USE OF THE PRIZE.

Football game tickets are not redeemable for cash and will not be replaced if lost or stolen. Tickets are subject to the issuing company’s complete terms and conditions. In the event that the February 2, 2020 football game at Miami Gardens does not take place as scheduled, for reasons such as cancellation, preemption or postponement, or for any reason beyond the control of the Sponsor, Sponsor's sole responsibility will be to award the remaining portion of the Grand Prize and no additional substitution or compensation will be provided.

The total ARV of all prizes available to be won: $9,692.00.

RANDOM DRAWINGS & WINNER NOTIFICATION: Random Drawings will be conducted by the Promotion Administrator, an independent representative of the Sponsor whose decisions are final.

Monthly Prizes: The potential Monthly Prize winners will be selected in a series of random drawings from among all eligible entries received within the corresponding Monthly Entry Period on or about the corresponding Random Drawing Date indicated in the Monthly Entry Period & Drawings Schedule in the “Sweepstakes Entry Periods” section of these Official Rules. Potential Monthly Prize winners will be notified by Sponsor via direct message and/or photo comment to his/her public Instagram account. To begin the prize claim process, a potential winner must respond as instructed to the notification with his/her full name, email address and mailing address within 72 hours of notification. Noncompliance will result in disqualification and an alternate winner may be selected.

Grand Prize and First Prize: The Grand Prize and First Prize winners will be selected in a random drawing on or about November 4, 2019 from among all eligible entries received during the Promotion Period. The potential Grand Prize and First Prize winners will be notified by Sponsor via direct message and/or Photo comment to his/her public Instagram (the “Initial Notification”). To begin the prize claim process, the potential Grand Prize or First Prize winner must respond as instructed to the Initial Notification with his/her full name and email address within 48 hours of the Initial Notification. Any potential prize winner who does not reply to the Initial Notification with the required information and within the specified time period will be disqualified and an alternate winner will be notified. Within three (3) days of confirmation of the information received from a potential winner in response to Initial Notification, such potential winner will receive a second notification (the “Second Notification”) via email from the Promotion Administrator and will be required to sign and return, within three (3) days of the Second Notification, an Affidavit of Eligibility, a Liability Waiver, a W-9 form and where allowable, a Publicity Release (collectively, the “Releases”). These Releases will require the Grand Prize and First Prize winners to furnish his/her Social Security Number for the sole purpose of tax reporting, as required by law. Travel companion of Grand Prize and First Prize winner will also be required to sign a Travel Companion Liability & Publicity Release. Noncompliance will result in disqualification and an alternate winner may be selected.

If a notification is returned as undeliverable, or if a selected prize winner fails to claim the prize or if selected winner cannot accept or receive the prize for any reason, or he/she is not in compliance with these Official Rules, the prize will be forfeited and an alternate winner will be selected. Only two (2) alternate winners per available prize may be determined through this process, after which any remaining prizes will remain un-awarded.

If a winner is otherwise eligible under these Official Rules, but is nevertheless deemed a minor in his or her state of primary residence, the prize will be awarded in the name of winner's parent or legal guardian who will be required to execute and return the Releases on minor’s behalf.

PRIZE CONDITIONS: Prizes are not redeemable for cash. Prizes are not assignable nor transferable. No substitution is permitted except if prize is unavailable, in which case a prize of equal or greater value will be awarded. No cash in lieu of prizes and no exchange or substitution of prizes, except at the sole discretion of the Sponsor. Any other incidental expenses on prize not specified herein are the winner’s sole responsibility.

Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Winners acknowledge that the Sponsor and all other businesses affiliated with this Promotion and their agents do not make, nor are in any manner responsible for any warranty, representations, expressed or implied, in fact or in law, relative to the quality, conditions, fitness or merchantability of any aspect of the prize being offered, except that each merchandise prize shall be subject to its manufacturer’s standard warranty (if any).

Winners are responsible for all federal, state, local and income taxes associated with winning prize. Grand Prize winner and First Prize winner will be required to furnish his/her Social Security Number for the sole purpose of preparation of tax forms as required by law.

Except where prohibited by law, entry and acceptance of prize constitute permission to use winner's name, prize won, Photo/Video, hometown, likeness, video tape, 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: Although subsequent attempts to enter during a Monthly Entry Period may be received, only the first complete entry received from a particular entrant will be eligible; subsequent attempts by the same person to enter, including entries submitted with an alternate Instagram, will be disqualified.

Participating entrants agree to these Official Rules and the decisions of the Sponsor and the Promotion Administrator, and release the Sponsor, the Promotion Administrator, National Fallen Firefighters Foundation, Instagram and their affiliated companies, and all other businesses involved in this Promotion, 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 promotion, and the acceptance and use/misuse of the prize offered. Winner assumes all liability for any injury or damage caused or claimed to be caused, by participation in this Promotion or use/misuse or redemption of the prize. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Promotion 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 Instagram account from which the entry is submitted. Authorized Account Holder means the natural person to whom the Instagram account is registered. Any entrant or potential winner may be required to show proof of being the authorized account holder to Sponsor’s satisfaction. 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 Promotion. By participating in the Promotion, you (i) agree to be bound by these official rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Sponsor and the Promotion Administrator, which are final and binding in all matters relating to the Promotion. Failure to comply with these official rules may result in disqualification from the Promotion. Sponsor reserves the right to: (i) permanently disqualify from any Promotion it sponsors any person it believes has intentionally violated these official rules; and (ii) withdraw a method of entry if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Promotion). If for any reason this Promotion is not capable of running as planned due to an infection by a computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Promotion, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Promotion, at which time, Sponsor will conduct a random drawing from among all eligible entries received at the time of the Promotion termination.

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 PROMOTION, 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 Promotion 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.

BY ENTERING THE PROMOTION, 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 PROMOTION, 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 the State of New York 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 Promotion 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 the State of New York. 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 the State of New York. 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: Personal information collected from entrants are subject to the Sponsor’s Privacy Policy, which can be found at https://www.x2energy.com/privacy-policy.

OFFICIAL RULES REQUEST: To request a copy of the Official Rules, see https://www.x2energy.com/official-rules-be-xtraordinary-challenge or send a self-addressed, stamped envelope by November 4, 2019, to: The Be Xtraordinary Challenge Sweepstakes Official Rules Request, PO Box 25466, Rochester, NY 14625-0466.

WINNER CONFIRMATION REQUEST: For a written confirmation of the winners (available after November 4, 2019), send a stamped, self-addressed envelope (no later than December 4, 2019), to: The Be Xtraordinary Challenge Sweepstakes Winner Confirmation Request, PO Box 25466, Rochester, NY 14625-0466.

SPONSOR: Advanced Bio Development, Inc., 270 Sylvan Avenue, Suite 2230, Englewood Cliffs, NJ 07632.

PROMOTION ADMINISTRATOR: US Sweepstakes & Fulfillment Company, 625 Panorama Trail, Suite 2100, Rochester, NY 14625. 1-800-620-6044