The “ByHeart Emergency Relief” Program Terms and Conditions

100 Feeding Plans Available, WHILE SUPPLIES LAST.  The “ByHeart Emergency Relief” Program (the “Program”) begins on or about January 13, 2025 at approximately 3:00 pm Eastern Time (“ET”) and is scheduled to end when all “Formula Packages” (as defined below) have been claimed (the “Program Period”). The Sponsor of this Program is ByHeart, Inc. 131 Varick Street, 11th Floor, New York, NY 10013 (“Sponsor”).  By participating in the Program participants agree to be bound by these terms and conditions (“Terms”). 

ELIGIBILITY:  Only legal U.S. residents of Los Angeles County, California who (i) have a primary residence impacted by the January 2025 wildfires in California (the “California Wildfires”), such that the primary residence is located in an evacuation zone, or that such primary residence has been damaged or destroyed by the California Wildfires; (ii) have a baby who is eligible for a ByHeart feeding plan; and (iii) who are at least eighteen (18) years of age at the time of entry are eligible to enter. Important Note: The California Wildfires are actively evolving and changing, such that ByHeart reserves the right, in its sole discretion to determine whether an individual’s primary residence is impacted by the California Wildfires.  Officers, directors and employees of Sponsor, and each of its parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies involved in the Program (all such individuals and entities collectively referred to herein as the “Program Entities”), and the immediate family members and/or those residing in the same household of each are ineligible to enter the Program or win a prize.  This Program is void where prohibited. 

HOW TO ENTER:  Visit the web site www.byheart.com (the “Website”) and follow the instructions to complete the form with the information requested, including your full name, email address, phone number, physical address impacted by the California Wildfires, a temporary address for shipments, a short description of how the fires affected you, the date of birth of your baby, and answer the question whether you are a current ByHeart formula customer.  Click “Submit” to submit your form for the Program.  Upon completion and submission of the form, you will automatically be entered.  Limit one (1) entry per household.  All entries must be received by the end of the Program Period in order to participate.  The Website’s database clock will be the official time keeper for this Program.  All required information on the entry form must be completed to enter and to be eligible to win.  Proof of entering information at the Website is not considered proof of delivery to or receipt by Sponsor of such entry.  Except as otherwise contemplated in these Official Rules, and to the extent entrants may otherwise elect at the time of entry, personal information collected in connection with the Program will be used in accordance with Sponsor’s privacy policy located at https://byheart.com/pages/privacy-notice.

NOTE: Entry must be made by the entrant, only at the Website. Entries made by any other individual or any entity, and/or originating at any other web site or e-mail address, including but not limited to commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Program.  Tampering with the entry process or the operation of the Program, including but not limited to the use of any device to automate the entry process, is prohibited and any entries deemed by Sponsor, in its sole discretion, to have been submitted in this manner will be void.  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.  The Program Entities shall not be responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or used in the Program or by any technical or human error which may occur in processing of the entries in the Program.  The Program Entities assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of entries.

Up to the first one hundred (100) eligible entrants who submit an entry form will receive a formula package consisting of four (4) cans of ByHeart Formula per month for twelve (12) months (each, a “Feeding Plan”). Limit one (1) Feeding Plan per household. A free ByHeart account is required to claim the Feeding Plan.  If a winner does not have a ByHeart account, the winner can create one at the time of claiming the Feeding Plan.

The total approximate retail value (“ARV”) of each Formula Package is $1,536.00. Any applicable taxes are the sole responsibility of the recipients. No substitution or transfer of the Formula Package is permitted; other restrictions apply.  Formula Packages cannot be redeemed for cash. 

Sponsor reserves the right to implement policies and procedures as may be necessary to enforce compliance with these Terms.  Sponsor reserves the right to modify, extend, suspend, or terminate the Program if it determines, in its sole discretion, that the Program is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s reasonable control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Program as contemplated herein.  If Sponsor is prevented from distributing the Formula Packages or continuing with the Program as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, pandemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, provincial, state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then Sponsor reserves the right to modify, suspend, or terminate the Program.   

Sponsor assumes no responsibility for any malfunctions, errors or failures that are human or technical in nature.  Without limiting the generality of the foregoing, Sponsor is not responsible for miscommunications, or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information.  Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Program, to be acting in violation of these Terms, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Program, or to annoy, abuse, threaten or harass any other person. 

ARBITRATION PROVISION: By participating in this Program, each entrant agrees: (i) that any and all disputes the entrant may have with, or claims entrant may have against, the Program Entities relating to, arising out of or connected in any way with (a) the Program, (b) the awarding or redemption of any prize, and/or (c) the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration shall be held in New York, New York; (iv) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable entrant may have entered into in connection with the Program; (v) the arbitrator shall apply New York law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only entrant’s and/or Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) the arbitrator shall not have the power to award punitive damages against the entrant or Sponsor; (viii) if the entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (ix) with the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, 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 (vi) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither entrant nor Sponsor shall be entitled to arbitrate their dispute.  For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.

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