Official Rules

1. PROMOTION PERIOD AND ELIGIBILITY

   Sweepstakes Period: The Osteo Bi-Flex® Flexer Challenge Sweepstakes (the "Sweepstakes") begins on MAY 19, 2025 [Start Date] at 12:00:01 AM Eastern Time (ET) and ends on July 19, 2025 [End Date] at 11:59:59 PM ET (the "Promotion Period"). Sponsor reserves the right to shorten, extend, suspend, modify, terminate, or cancel the Sweepstakes or any element thereof, at its discretion, at any time. The clock on the Administrator's (defined below) server shall be the official time keeping device for this Sweepstakes. All times referenced in connection with the Sweepstakes will be Eastern Time. After the conclusion of the Sweepstakes Period, no further liability will be owed to any Participant or any other person or entity.
   
   Eligibility: The Sweepstakes is open to legal residents of the fifty (50) United States or the District of Columbia who are eighteen (18) years of age or older at the time of registration ("Participant") (or 19 years of age or older for residents of Alabama and Nebraska). In order to access and use the Sweepstakes, Participants must have Internet access and a camera-capable mobile device ("Device"). Employees, officers, directors of Sponsor and Brandmovers, Inc. 1519 Carroll Drive NW Atlanta, GA 30318 ("Administrator"), their respective parent companies, and each of their respective subsidiaries and affiliated companies, advertising and promotion agencies, entities or individuals engaged in the development, administration, production, or distribution of materials for, or implementation of the Sweepstakes (collectively referred to herein as the "Sweepstakes Entities"), and the immediate family members (i.e., spouse, siblings, children and parents including foster and step-relations) or those living in their same household (whether or not related) of such individuals are not eligible to participate in the Sweepstakes. As used in these Terms, the terms "we," "us," and "our" shall be deemed to collectively refer to both Sponsor and Administrator.
   
   Sponsor reserves the right to revise or change these Terms at any time (including without limitation modifying, altering, adding or deleting Qualifying Products, redemption levels, conversion ratios, Rewards, delivery methods and conditions for active enrollment, participation, and eligibility) and these changes may affect the value of the Entries already accumulated. Each Participant is responsible for remaining knowledgeable as to the current Terms. If the Terms are updated, any changes will apply to all Participants enrolled in the Sweepstakes on the date the revised Terms are posted on the Website.

2. PRIVACY

   Any information Participants provide to us in connection with this Sweepstakes, or any element thereof in connection with this Sweepstakes, is subject to Sponsor's Privacy Policy available at:https://www.nestlehealthscience.us/info/privacy-policy

3. HOW TO ENTER THE SWEEPSTAKES

   There are there (3) ways to receive an entry into this Sweepstakes:

   1. Video Entry. To enter via this method of entry, during the Promotion Period, eligible participants can visit osteoflexerchallenge.com where they’ll enter and submit their registration information, including uploading an up to (30 second) video of themselves showing how Osteo Bi-Flex® helps them to keep dancing through life” (the “Submission”). Limit of 1 Submission entry throughout Promotion Period.
   2. Purchase Entry: For an additional entry into the Sweepstakes, consumers are invited to visit osteoflexerchallenge.com, to complete and submit their registration information, including uploading a receipt showing a qualified Osteo Bi-Flex® purchase made within the Promotion Period. Limit of one (1) purchase method of entry during the entire Promotion Period.
   3. ALTERNATE METHOD OF ENTRY (“AMOE”). Or, to enter without making a Qualifying Products purchase and/or without a submitting a Submission, hand print your complete name, address, email address (required) and telephone number (optional) on a 3 x 5” paper and mail in a first-class stamped envelope to Osteo Bi-Flex® Flexer Challenge Sweepstakes c/o Brandmovers, Inc. PO BOX 1807 Clayton, GA 30525, to be postmarked by July 19. 2025 and received by July 26, 2025 Limit one (1) AMOE entry per outer envelope and limit of two (2) AMOE entries during the entire Promotion Period.

4. SUBMISSION ENTRY REQUIREMENTS

   Participants agree to and understand that Submissions will be made available to the public, including without limitation, posting on the Internet and may appear in Sponsor’s advertising and marketing materials. Sponsor maintains full and sole discretion on which, if any, Submissions to make public. Whether or not Submissions are published on the Internet, Sponsor does not covenant or guarantee any confidentiality with respect to any Submissions.

   1. A Submission must include the Participant carrying out the requirements as stated in the Official Rules.
   2. Once submitted in this Promotion, a Submission may NOT be distributed to the public in any manner by entrant (or any other third party other than Sponsor or Administrator), including but not limited to posting or reposting the Submission, or portion thereof, on entrants social media pages or elsewhere.
   3. A Submission must be an original creation of the submitting Participant which is under no restriction, contractual or otherwise, that will prevent Sponsor's use of the Submission and each Submission must be free of any and all liens, encumbrances and claims of third parties. ​​ Modifying, enhancing or altering a third party's pre-existing work does not qualify as the Participant's original creation.  Participant must be a current user of an Osteo Bi-Flex® product.
   4. Participant acknowledges, agrees and warrants that, nothing in the Submission violates any person's rights of privacy or publicity and that all necessary releases and permissions have been secured. 
   5. By entering, Participant agrees to indemnify, release and hold harmless Sponsor, Administrator, and each of their respective parent, subsidiaries, and affiliates and each of their respective officers, directors, employees, and agents (the "Sweepstakes Entities") from and against any and all claims, demands, damages, costs, liabilities and causes of action of whatsoever nature that are based upon or arise out of participation in this Sweepstakes or receipt or use of any prize , including, but not limited to: (a) unauthorized human intervention in the Sweepstakes; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Sweepstakes or the processing of entries; (g) injury or damage to persons or property; or (h) any breach by Participant of these Official Rules, including but not limited to Participant’s Representation and Warranties. Participant further agrees that in any cause of action, in no event shall the Released Parties be liable for attorney’s fees. Participant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
   6. By uploading the Submission, the Participant agrees, for zero (0) compensation, monetary or otherwise, to automatically grant upon submission to Sponsor all intellectual property rights in the Submission and each of its constituent parts, which rights include, without limitation, the Sponsor's right to edit, publish, make available to the public and/or reproduce the Submission through any media available at any time during or after the Promotion Period on any related websites and social media pages, in any promotional materials, whether related or unrelated to the Sweepstakes, and at any other location, whether physical or online, that Sponsor, in its sole discretion, deems appropriate and necessary for the operation and promotion of this Sweepstakes.
      • In addition, Participant warrants that any so called "moral rights'' in the Submission have been waived and Participant acknowledges and agrees that Sponsor may use any ideas from any Submission or other submitted materials, whether or not Participant has been awarded a prize in connection with any such Submission or other materials.  Participant hereby agrees to release, defend, indemnify and hold harmless each of Sweepstakes Entities, and each of their parent, subsidiaries, and affiliates and each of their respective owners, employees, directors, officers, agents, and subcontractors from all claims, demands, and causes of action of any nature whatsoever which Participant or Participant's heirs, representatives, executors, administrators, or any other persons acting on Participant’s behalf or on behalf of Participant’s estate, have or may have by reason of: (i) Sponsor's exercise of any rights granted by Participant in this paragraph; (ii) claims based on violation of any right of publicity or rights of personality, infringement of copyright or trademark, libel, slander, defamation, invasion of privacy, loss of earnings or potential earnings in connection with Sponsor's use of the Submission entry and any portion thereof, or the likeness of any natural person therein.
   7. Participant is responsible for securing necessary permissions, talent and location releases, and licenses for any visual material contained in the Submission. Notwithstanding the aforesaid, Participant is strictly prohibited from displaying, using, or incorporating any third-party trademarks, logos, graphics, images, slogans, brand names or other content owned by any third party, including music, in any materials submitted as part of this Sweepstakes. This includes, but is not limited to, any branding, logos, or trademarks that are not owned by the Sponsor. Any entry that violates this clause may be disqualified from the Sweepstakes.

   SUBMISSION CONTENT RESTRICTIONS

   Submissions must not contain material that:

   1. Contains or depicts someone smoking, drinking alcohol, or intoxicated;
   2. Violates or infringes another's rights, including without limitation, privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
   3. Contains material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
   4. Contains any unacceptable clothing or adornments, or displays any commercial/corporate advertising other than that of Sponsor (including but not limited to corporate logos, brand names, trademarks, slogans, political, personal and religious statements);
   5. Contains indecent or unsafe behavior or situations, profanities or obscenities, including but not limited to nudity, or pornography, or is otherwise inappropriate, indecent, profane, obscene, hateful, tortuous, slanderous or libelous;
   6. References persons without their written permission;
   7. Disparages any persons or organizations;
   8. Includes threats to any person, place, business, or group;
   9. Is unlawful, in violation of or contrary to all applicable federal, state, or local laws and regulations.

   Failure of any Submission to comply with the above “Submission Guidelines,” "Submission Requirements," and "Submission Content Restrictions," as determined by Sponsor and Administrator, in their sole discretion, may result in disqualification of the Submission. Without limitation, Sponsor reserves the right in its sole discretion to disqualify any Submission that, in its sole opinion, refers, depicts or in any way reflects negatively upon the Sponsor, its products or services, the Promotion or any other person or entity, does not comply with these Official Rules or if Sponsor or Administrator receive a notification about any potential infringements or breaches of law or any other reason set forth herein. All Submissions shall become the exclusive property of Sponsor and will not be returned. Submissions must be suitable for presentation in a public forum, in sole determination of Sponsor. 

   Limit up to two (2) entries per email address (i.e., (1) video Submission and (2) qualifying purchase receipt). Participant may not: (a) activate or use more than one (1) Participant Account, name or email address; (b) use a false or misleading name, address, or email address in connection with their participation in the Sweepstakes; or (c) present or supply false or misleading information to any Sweepstakes Entity. Duplicate Participant Accounts are subject to cancellation, and any Points accumulated in multiple Participant Accounts will be forfeited.

5. WINNER SELECTION & NOTIFICATION

   Three (3) Grand Prize winners will be selected via a random drawing to be conducted on or around July 21, 2025 (“Drawing Date”). Limit one (1) prize per person.. Winners will be notified via email on or about the day they are selected as a potential Grand Prize winner, and must respond within seventy-two (72) hours of the notification being sent in order to claim their prize. Failure to respond within this timeframe may result in disqualification and selection of an alternate winner, at Sponsor’s sole discretion. Odds of winning depend on the number of eligible entries that are received during the Promotion Period.

6. PRIZES & APPROXIMATE RETAIL VALUES

   Three (3) Grand Prize Winners will each receive: -$5,000.00, awarded in the form of a check to each winner and one (1) year of Osteo Bi-Flex Advanced Omega-3 (consisting of approximately, 10 number of bottles at 80 count). ARV: $388.

   Total Approximate Retail Value (ARV) of all prizes: $16,164.
   
   No interest will be awarded on cash prizes. No cash equivalent will be awarded for the coupon or product and prizes are non-transferable, and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Prizes are subject to availability, non-transferable, non-negotiable, non-refundable and no substitution will be made except as provided herein at the Sponsor's sole discretion. Sponsor reserves the right to substitute a Prize for one of equal or greater value for any reason. All taxes (including, without limitation, state and federal income taxes) and the reporting consequences thereof associated with the use and acceptance of a Prize and all other costs and expenses associated with the Prize not specified herein as being awarded are solely the responsibility of each Winner. The Grand Prize winner will receive an IRS Form 1099 reflecting the actual retail value of their Grand Prize. Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any Prize furnished in connection with the Sweepstakes. Allow 4-6 weeks for delivery of the Grand Prize.
   
   Each winner will have to provide a street address for delivery of his/her prize (no P.O. boxes). Shipping at Sponsor expense. Winner acknowledges that once the prize is shipped, Sponsor has no control over delivery or delivery time, and any loss or theft of prize once delivered will be the responsibility of the Winner, and no replacement prize will be supplied.

7. ENTRY CONDITIONS AND RELEASE

   By entering, each Participant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor which are binding and final in all matters relating to this Sweepstakes; (b) release and hold harmless the Released Parties from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant's entry, creation of an entry or submission of an entry, participation in the Sweepstakes, acceptance or use or misuse of prize and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorney’s fees) arising out of or relating to an Participant's participation in the Sweepstakes and/or Participant's acceptance, use or misuse of Prize.
   
   A potential Grand Prize winner will be required to complete and return a Affidavit of Eligibility and a liability/publicity release within seven (7) days of winner verification.If a potential winner fails to sign and return these documents within 7 days, Sponsor may select an alternate potential winner in his/her place in a random drawing of all remaining entries received, at Sponsor’s sole discretion.

8. DELIVERY, TAXES AND WARRANTY

   Prizes will be delivered via U.S. mail and/or via email at Administrator's or Sponsor’s sole discretion, to the U.S. mailing address/email address as provided by the Participant during the registration or redemption process.
   
   Grand Prize winners are solely responsible for all applicable federal, state, and local taxes associated with the acceptance of the Grand Prize.

9. COMMUNICATIONS, NOTICES AND CUSTOMER SERVICE

   By participating in the Sweepstakes, Participants agree that we may provide notices of important matters related to the Sweepstakes by prominently posting the notice on the Website, by sending you an email to the email address associated with your email address or, in another reasonable manner we determine in our sole discretion. You agree to promptly notify us if you change your email or mailing address by updating your Participant Account. Neither Sponsor nor Administrator is responsible for any change of email address, mailing address and/or telephone number of any Participant.
   
   If you have a question regarding using the Sweepstakes, you may contact us using the "Contact Us" form available on the Website. You acknowledge that any response or the provision of customer support is at our sole discretion and that we have no obligation to provide you with customer support of any kind.

10. GENERAL CONDITIONS

    Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, for any reason whatsoever, including, without limitation, fire, flood, natural or man-made epidemic of health of other means, 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 state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction or if any fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. If the Sweepstakes is terminated before the designated end date, Sponsor will (if possible) select the Winners in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each Participant’s sole and exclusive remedy under such circumstances. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or any other Sweepstakes or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Only the type and quantity of prizes described in these Official Rules will be awarded. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall 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 shall not constitute a waiver of that provision.
    
    Sponsor reserves the right, without limitation, to: (i) investigate any suspected breaches of the Website's security or its information technology or other systems or networks; (ii) investigate any suspected breaches of these Terms; (iii) investigate any information obtained by reviewing law enforcement databases; (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters; (v) prosecute violators of these Terms; and (vi) discontinue the Sweepstakes, in whole or in part, or, suspend or terminate Participant's access to it, in whole or in part, including any Participant Accounts or registration, at any time, without notice, for any reason and without any obligation to Participants or any third party. Any suspension or termination will not affect Participant's obligations to us under these Terms. Upon suspension or termination of Participant's access to the Sweepstakes, or upon notice from us, all privileges granted to Participants under these official rules will cease immediately, and Participants agree that they will immediately discontinue use of the Sweepstakes. The provisions of these official rules, which by their nature should survive suspension or termination will survive, including the rights and licenses Participants grant to us in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.

11. INDEMITY, RELEASE AND LIMITATIONS OF LIABILITY

    The Released Parties as set forth above are not responsible for: (1) any incorrect or inaccurate information, whether caused by Participants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Participant's participation in the Sweepstakes or receipt or use or misuse of any Prize. If for any reason an Entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Participant's sole remedy is another Entry in the Sweepstakes, provided that if it is not possible to award another Entry due to discontinuance of the Sweepstakes, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the Prizes offered herein. Participant further agrees and acknowledges that Sponsor reserves the right to forfeit or award any unclaimed or leftover Prize at its sole discretion.
    
    BY PARTICIPATING IN THE SWEEPSTAKES, A PARTICIPANT INDEMNIFIES AND HOLDS THE RELEASED PARTIES HARMLESS FROM AND WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH CLAIMS AND LOSSES IN ANY FORUM BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR LOSS IS BASED.
    
    IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM THIS SWEEPSTAKES OR PARTICIPATION THEREIN OR ANY ELEMENT THEREOF.
    
    To the fullest extent permitted by law, the foregoing releases will apply even if any of the foregoing Claims and Losses were foreseeable and even if Released Parties were advised of or should have known of the possibility of such Claims and Losses, regardless of whether Participants bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, force majeure, Technical Difficulties, or destruction of the Sweepstakes).
    
    TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL RELEASED PARTIES' TOTAL LIABILITY TO A PARTICIPANT, FOR ALL POSSIBLE CLAIMS AND LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH PARTICIPANT'S ACCESS TO AND USE OF THE SWEEPSTAKES OR WEBSITE AND PARTICIPANT'S RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID FOR THE PRODUCT IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLY THE CLAIM(S).

12. RIGHT OF PUBLICITY

    By participating in the Sweepstakes, Participants hereby irrevocably grant to Sponsor (and its affiliated companies and their respective authorized representatives) where lawful, the non-exclusive, royalty-free, worldwide irrevocable right to the use (but without obligation) their name, image, photographs, videotape, likeness, hometown name, biographical information, voice as well as any statements made by Participants regarding the Sweepstakes, Sponsor or Sponsor's products for publicity, trade, advertising and promotional purposes in all media now known or hereafter developed worldwide, including, but not limited to, the Internet, mobile devices, and World Wide Web, without additional compensation, and without the right of review, notification or approval.

13. WAIVER OF INJUNCTIVE OR OTHER EQUITABLE RELIEF

    IF A PARTICIPANT CLAIMS THAT THEY HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH THEIR PARTICIPATION IN THE SWEEPSTAKES, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE ANY PARTICIPANT TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH ANY CLAIM, PARTICIPANTS AGREE THAT THEY WILL NOT SEEK, AND THAT THEY WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION IN ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITES, APPLICATION, CONTENT, USER CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY US.

14. DISPUT RESOLUTION; ARBITRATION AGREEMENT; CLASS ACTION WAIVER

    PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. IT LIMITS THE RIGHT TO OBTAIN DISCOVERY OTHER THAN AS PERMITTED BY THE JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC. (“JAMS”), AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR SPONSOR WOULD HAVE IN COURT, SUCH AS APPELLATE REVIEW, ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

    For purposes of this Section, “Sponsor” shall include its subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns.

    1. Mandatory Notice Of Dispute And Informal Dispute Resolution Process.

       If you and Sponsor have a Dispute (defined below), you and Sponsor agree to make a good faith effort to resolve the Dispute informally prior to initiating a formal arbitration proceeding. Before initiating an arbitration, you and Sponsor each agree to first provide the other with a detailed written notice (“Notice of Dispute”). The Notice of Dispute must include (i) the name, telephone number, mailing address, and email address of the person or entity providing the notice; (ii) a statement of the legal claims asserted and the factual basis for those claims; and (iii) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy.
       
       If you provide a Notice of Dispute to Sponsor, the Notice of Dispute must be mailed via first-class mail, FedEx, or UPS to: NHS U.S., LLC, Attn: Legal Department, 1007 US Highway 202/206, Bridgewater, NJ, 08807. Your Notice of Dispute must include your personal signature. If Sponsor provides you with a Notice of Dispute, Sponsor will mail the notice via first-class mail, FedEx, or UPS to the billing address associated with your Account and/or billing information (the “Notice Address”). If Sponsor is unable to reach you at the Notice Address, it may provide a Notice of Dispute to you via email at the email address associated with your Account.
       
       If requested by the party that receives the Notice of Dispute, the other party must personally appear at and participate in a telephone settlement conference (if a party is represented by counsel, counsel may also participate) to discuss the Dispute.
       
       For a period of sixty (60) days from the date of receipt of a complete Notice of Dispute, you and Sponsor agree to make attempts to resolve the Dispute prior to commencing an arbitration and not to commence an arbitration proceeding until the 60-day post-notice resolution period expires, which period may be extended by agreement of the parties. If an agreement cannot be reached within 60 days of receipt of the Notice of Dispute, you or Sponsor may commence an arbitration proceeding, pursuant to the procedure outlined below. Compliance with and completing this informal dispute resolution process is a condition precedent to filing any formal dispute resolution proceeding, including a demand for arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this informal dispute resolution process.
       
       If the sufficiency of a Notice of Dispute or compliance with this mandatory informal dispute resolution process is at issue, it may be decided by a court of competent jurisdiction at either party's election, and any formal dispute resolution proceeding shall be stayed pending resolution of the issue. A court of competent jurisdiction shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration or the assessment or payment of arbitration fees. You or we may also elect to raise non-compliance with this informal dispute resolution process and seek relief in arbitration.

    2. ARBITRATION AGREEMENT.

       IF WE ARE UNABLE TO RESOLVE ANY DISPUTE THROUGH THE INFORMAL DISPUTE RESOLUTION PROCESS, YOU AND WE AGREE THAT ALL CLAIMS, DISAGREEMENTS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND ANY SPONSOR PARTIES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARENTS, AFFILIATES, SUBSIDIARIES AND/OR RELATED COMPANIES, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, ARISING OUT OF OR RELATING TO THE SITES, TO THE USE OR ACCESS THEREOF, TO THE PRODUCTS, SERVICES, MATERIALS, PROMOTIONS, SWEEPSTAKESS OR OTHER FEATURES OFFERED ON OR THROUGH THE SITES, AND/OR TO THE APPLICATION, ENFORCEABILITY, SCOPE, OR INTERPRETATION OF THIS AGREEMENT TO ARBITRATE (“Disputes”), SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION. THE SOLE EXCEPTIONS TO THIS REQUIREMENT ARE THAT (I) YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY, as long as the matter remains in such court and is not removed or appealed to a court of general jurisdiction and advances only on an individual (non-class, non-representative basis); and (II) each party may bring suit in court to enjoin infringement or other misuse of intellectual property rights. Dispute will be given the broadest possible meaning permitted by law. It includes claims that arose before this or any prior agreement or that arise after the termination of this agreement. BY AGREEING TO THESE TERMS, YOU GIVE UP YOUR RIGHT TO BRING AND PROSECUTE ANY DISPUTES WITH SPONSOR IN A COURT OF LAW OR BEFORE A JURY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS OR REPRESENTATIVE ACTIONS.
       
       ALL DISPUTES SHALL BE DETERMINED BY BINDING ARBITRATION (1) ADMINISTERED BY JAMS, PURSUANT TO THE JAMS STREAMLINED ARBITRATION RULES & PROCEDURES EFFECTIVE JUNE 1, 2021 (THE “JAMS RULES”), AND AS MODIFIED BY THIS AGREEMENT TO ARBITRATE; (2) CONDUCTED BY A SINGLE, NEUTRAL ARBITRATOR; AND (3) TAKE PLACE TELEPHONICALLY UNLESS AN IN-PERSON HEARING IS SPECIFICALLY REQUESTED BY EITHER PARTY. IF AN IN-PERSON HEARING IS REQUESTED, SUCH IN-PERSON HEARINGS SHALL TAKE PLACE IN THE COUNTY OF THE BILLING ADDRESS ASSOCIATED WITH YOUR MEMBERSHIP IN THE REWARDS SWEEPSTAKES, OR THE COUNTY WHERE YOU RESIDE, IN THE INSTANCE WHERE NO ACCOUNT EXISTS. TO THE EXTENT THAT THIS AGREEMENT TO ARBITRATE CONFLICTS WITH THE JAMS POLICY ON CONSUMER ARBITRATIONS PURSUANT TO PRE-DISPUTE CLAUSES MINIMUM STANDARDS OF PROCEDURAL FAIRNESS (THE “MINIMUM STANDARDS”), THE MINIMUM STANDARD IN THAT REGARD WILL APPLY. You and a Sponsor representative shall personally appear (with counsel if you and we are represented) at an initial telephone conference with a case manager before an arbitrator is appointed and at a hearing should one be scheduled by the arbitrator.
       
       DISPUTES MAY ALSO BE REFERRED TO ANOTHER ARBITRATION ORGANIZATION IF YOU AND SPONSOR AGREE IN WRITING, OR TO AN ARBITRATOR APPOINTED PURSUANT TO SECTION 5 OF THE FEDERAL ARBITRATION ACT.
       
       The JAMS Rules are available on its website at http://www.jamsadr.com/rules-streamlined-arbitration/ or by calling JAMS at 800-352-5267. To commence an arbitration, a Demand for Arbitration is required to be executed and served on Sponsor. Service of the Demand for Arbitration on Sponsor can be mailed to NHS U.S., LLC, Attn: Legal Department, 1007 US Highway 202/206, Bridgewater, NJ, 08807, pursuant to the instructions provided by JAMS to submit a Dispute for arbitration. Service of the Demand for Arbitration on you will be sent to the Notice Address. Further instructions on submitting a Demand for Arbitration can be found at www.jamsadr.com/files/Uploads/Documents/JAMS_Arbitration_Demand.pdf.
       
       There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator, however, can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages), and must follow the terms of these Terms.
       
       Except as expressly provided in this Dispute Resolution section, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any Dispute relating to the interpretation, applicability, enforceability, or formation of this Dispute Resolution section including, but not limited to, a claim that all or any part of it is void or voidable. The parties shall be responsible for their own attorneys' fees and costs in arbitration, unless they are authorized by law or the arbitrator determines that a claim was frivolous or brought for an improper purpose or in bad faith. The arbitrator shall have the authority under Federal Rule of Civil Procedure 11 to issue sanctions against any party and counsel as a court would. In addition, the provisions of Federal Rule of Civil Procedure 68 shall apply and be enforced by the arbitrator. Notwithstanding anything to the contrary, Sponsor will pay all fees and costs that we are required by law to pay.
       
       BECAUSE THE REWARDS SWEEPSTAKES PROVIDED TO YOU BY SPONSOR CONCERNS INTERSTATE COMMERCE, THE FEDERAL ARBITRATION ACT (“FAA”) GOVERNS THE ARBITRABILITY OF ALL DISPUTES. HOWEVER, APPLICABLE NEW YORK STATE OR U.S. FEDERAL LAW MAY ALSO APPLY TO THE SUBSTANCE OF ANY DISPUTES. YOU AND WE VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT YOU OR WE HAVE TO A JURY TRIAL.

    3. Special Additional Procedures for Mass Arbitration.

       If twenty-five (25) or more similar claims are asserted against Sponsor by the same or coordinated counsel or are otherwise coordinated (and your claim is one such claim), you understand and agree that the resolution of your Dispute might be delayed. You also agree to the following process. Counsel for the claimants and counsel for Sponsor shall each select ten (10) cases (per side) to proceed first in individual arbitration proceedings as part of a bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any JAMS fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of a staged process. If the parties are unable to resolve the remaining cases after the conclusion of the initial twenty (20) proceedings, the parties shall participate in a global mediation session before a retired state or federal court judge, and Sponsor shall pay the mediator's fee. If the parties are unable to resolve the remaining matters in mediation at this time, each side shall select twenty (20) cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process. (If there are fewer than forty (40) claims remaining, all shall proceed.) The remaining cases shall not be filed or deemed filed in arbitration nor shall any JAMS fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a staged process. A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise. If the parties are unable to resolve the remaining cases after the conclusion of the forty (40) proceedings, the parties shall participate in another global mediation session before a retired state or federal court judge, and Sponsor shall pay the mediator's fee. If the parties are unable to resolve the remaining matters in mediation at this time, this staged process shall continue with one hundred (100) cases proceeding at one time that are selected randomly or by JAMS in staged sets, until all the claims included in these coordinated filings, including your case, are adjudicated or otherwise resolved. Between staged sets of proceedings, Sponsor agrees to participate in a global mediation session should your counsel request it in an effort to resolve all remaining claims. The statute of limitations and any filing fee deadlines shall be tolled for claims subject to this Dispute Resolution section where a Notice of Dispute or Demand for Arbitration has been submitted, from the time the first cases are selected for a bellwether process until the time your case is selected, withdrawn, or otherwise resolved. A court of competent jurisdiction shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against Sponsor. Should a court of competent jurisdiction decline to enforce these “Special Additional Procedures for Mass Arbitration,” you and we agree that your and our counsel shall engage in good faith with the assistance of a Process Arbitrator to devise and implement procedures that ensure that arbitration remains efficient and cost-effective for all parties. Either party may engage with JAMS to address reductions in arbitration fees.

    4. NO CLASS ACTIONS.

       TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE THAT ANY AND ALL DISPUTES WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS, COLLECTIVE OR REPRESENTATIVE ACTION. NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION OR ARBITRATE ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. Further, unless both you and Sponsor expressly agree otherwise, the arbitrator may not consolidate more than one person’s claim and the arbitrator may not otherwise preside over any form of a class, consolidated, representative, collective, or private attorney general proceeding.
       
       If a court determines that any of the prohibitions on non-individualized relief; class, representative, and private attorney general claims; and consolidation are unenforceable with respect to a particular claim or with respect to a particular request for relief (such as a request for injunctive relief), and all appeals from that decision have been exhausted (or the decision is otherwise final), then the parties agree that that particular claim or request for relief may proceed in court but shall be stayed pending arbitration of the remaining claims. Specifically, and notwithstanding anything to the contrary in this Section (Dispute Resolution), the arbitrator may not issue a “public injunction” and any such “public injunction,” if permitted, may be awarded only by a federal or state court. If either party is permitted to seek a “public injunction,” all other claims and prayers for relief must be adjudicated in arbitration first and any such prayer or claim for a “public injunction” in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party's claim or prayer for “public injunctive relief.” In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator. If this prohibition of class, representative, or consolidated arbitration is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

    5. Except as specifically provided in this section (e.g., the Additional Procedures for Mass Filings), if any part or parts of the mandatory informal dispute resolution process, arbitration agreement, class action waiver, is/are found by a court of competent jurisdiction to be invalid or unenforceable as to your Dispute, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of this section shall continue in full force and effect. The mandatory informal dispute resolution process, arbitration agreement, and class action waiver will survive the termination of these Terms.

15. WINNER LIST

    To obtain a list of winners, send a self-addressed, stamped envelope to: Osteo Bi-Flex® Flexer Challenge Sweepstakes Winner List Request, c/o Brandmovers, Inc. PO BOX 1807 Clayton, GA 30525. Requests must be received by August 1st, 2025 [Deadline].

16. OFFICIAL RULES.

    For a copy of these Official Rules visit https://osteoflexerchallenge.com/ until 11:59:59PM EST 7/19/2025.

NO PURCHASE NECESSARY. Starts 12:00:01 AM EST 5/19/2025, Ends 11:59:59 PM EST 7/19/2025. Three (3) Grand Prize Winners. Prize Total Approximate Retail Value of all prizes is $16,164. Visit Official Rules for official rules. Open to legal residents of 50 US + DC, 18+. Void where prohibited.