Vortex Experience Sweepstakes

OFFICIAL RULES

NO PURCHASE OR PAYMENT OF MONEY IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT OF MONEY WILL NOT IMPROVE THE CHANCES OF WINNING. THE SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH ANY SOCIAL MEDIA PLATFORM INCLUDING WITHOUT LIMITATION YOUTUBE, FACEBOOK OR INSTAGRAM FROM META (“SOCIAL MEDIA PLATFORM(S)”).

The “Vortex Experience” Sweepstakes (the “Sweepstakes”) is intended for legal residents of the United States of America (“USA”) (excluding residents of Florida & New York) and shall only be construed and evaluated according to applicable USA law and applicable state law. Do not enter this Sweepstakes if you are not a USA resident or are otherwise ineligible to enter in accordance with these Official Rules at the time of entry. The Sweepstakes is sponsored by 1^st Phorm International, LLC, 2091 Fenton Logistics Park, Fenton, MO 63026 (the “Sponsor”).

ELIGIBILITY: The Sweepstakes is open to legal residents of the USA (excluding residents of Florida & New York) who are at least twenty-one (21) years of age at the time of entry (the “Entrants”). In addition, in order to be eligible, an Entrant must have no prior felonies or criminal convictions, especially related to firearm offenses. The Sponsor, Vortex Optics, ViralSweep LLC (the “Administrator”), their respective parent companies, employees, officers, directors, subsidiaries, affiliates, distributors, sales representatives and advertising and promotional agencies, and the officers, directors, agents, and employees of each of the foregoing (collectively, the ”Released Parties”), and members of their immediate families (defined as including spouse, biological, adoptive and step-parents, grandparents, siblings, children and grandchildren, and each of their respective spouses, regardless of where they reside) or households (whether related or not) of any of the above are NOT eligible to participate in this Sweepstakes. Non-eligibility or non-compliance with any of these Official Rules will result in disqualification. Without otherwise limiting the foregoing, participants in Sponsor’s Legionnaire program are eligible unless meet another of the criteria listed above. Void where prohibited or restricted by law. (For the avoidance of doubt, any references in these Rules to Entrants shall also include the Entrants who are deemed the Winners (as defined below)).

AGREEMENT TO OFFICIAL RULES: By participating, Entrants agree to abide by and be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to the Sweepstakes. Winning a Prize (as defined below) is contingent upon fulfilling all requirements set forth herein.

HOW TO ENTER: The Sweepstakes begins at 05:00:01 p.m. CDT on August 27, 2024 and ends at 11:59:59 p.m. CDT on September 27, 2024 (“Sweepstakes Period”). The Sponsor’s database computer is the official time-keeping device for the Sweepstakes. Two (2) methods of entry are as follows:

Online Purchase – During the Sweepstakes Period, Entrants who make a purchase through the Sponsor’s online shop at https://1stphorm.com/pages/vortex-sweepstakes (the “Website”) will automatically receive one (1) entry into the Sweepstakes for every ten (10) whole dollars spent on ANY of the following eligible products:

- Level-1 Bar (15ct)

- Level-1 Bar Combo Pack

- Protein Sticks (15ct)

- Protein Sticks Combo Pack

- Power Pro Bar (15ct)

- Power Pro Bar Combo Pack

- 1st Phorm Energy (case of 12)

- 1st Phorm Energy Variety 6-Pack

- 1st Phorm Energy 4-Pack

- Level-1

- Hydration Sticks

- Pumpkin Spice Combo Pack

The number of entries received will be based on the pre-tax amount of your eligible purchase excluding shipping/handling charges, less any discounts. NOTE: ANY FRAUDULENT ACTIVITY IN CONNECTION WITH THIS SWEEPSTAKES IS STRICTLY PROHIBITED. IT IS FRAUDULENT TO PURCHASE ITEMS TO OBTAIN ENTRIES WITH THE INTENT TO RETURN THESE ITEMS AFTER THE SWEEPSTAKES ENDS. IF THE SPONSOR IDENTIFIES OR SUSPECTS THAT YOU ARE ENGAGED IN THIS OR ANY OTHER FRAUDULENT ACTIVITY, YOU WILL BE DISQUALIFIED AND BANNED FROM ANY FURTHER SWEEPSTAKES OFFERED BY THE SPONSOR.

After an Entrant completes a purchase, they will be presented with the following options to earn bonus entries:

-YouTube Subscribe – Entrants can obtain five (5) entries by subscribing to the Sponsor’s YouTube channel through the provided link. Limit five (5) entries per Entrant through this bonus entry feature.

-YouTube Subscribe – Entrants can obtain five (5) entries by subscribing to Vortex Optics’s YouTube channel through the provided link. Limit five (5) entries per Entrant through this bonus entry feature.

-Instagram Follow – Entrants can obtain one (1) entry by following Vortex Optics’s Instagram page through the provided link. Limit one (1) entry per Entrant through this bonus entry feature.

-Facebook Like – Entrants can obtain one (1) entry by Liking the Sponsor’s Facebook page through the provided link. Limit one (1) entry per Entrant through this bonus entry feature.

-Instagram Follow – Entrants can obtain one (1) entry by following the Sponsor’s Instagram page through the provided link. Limit one (1) entry per Entrant through this bonus entry feature.

-App Download – Entrants can obtain one (1) entry by downloading the Sponsor’s App through the provided link. Limit one (1) entry per Entrant through this bonus entry feature.

-Watch Video – Entrants can obtain five (5) entries by watching the Sponsor’s video through the provided link. Limit five (5) entries per Entrant through this bonus entry feature.

-Refer a friend: Entrants also have the opportunity to earn bonus entries via the post-entry refer-a-friend feature. Entrants will be given a unique URL address to share with their friends. For every friend that enters the Sweepstakes through the unique URL, the original referrer will receive ten (10) entries.

Via Mail - During the Sweepstakes Period, Entrants can obtain Sweepstakes entries by legible hand-printing, on a 3”x 5” card or paper, their full name, complete mailing address, phone number, date of birth, email address, and a brief description (at least 25 words) on what winning the Prize would mean to you, mailing the card in a #10 business-sized envelope, with proper postage affixed to: 1st Phorm Sweepstakes, PO Box 378, Macedon, NY 14502-0378 (the “Mail-In Entry”). All entries must be postmarked by September 27, 2024 and received by October 2, 2024. Each mail-in entry received with be worth twenty (20) Sweepstakes entries. **NOTE: Mail-in entry card and envelope must be hand-printed by the Entrant only. In addition, Entrants are not permitted to use any 3^rd party organization to assist with the entry process in any way (as determined by the Administrator). Each Envelope must be mailed individually. Bulk shipments of entries will not be accepted.

The Released Parties are not responsible for late, incomplete, delayed, undelivered, or misdirected entries. All entries become the exclusive property of Sponsor and will not be acknowledged or returned except as provided herein. All information submitted by Entrants will be treated according to Sponsor’s Privacy Policy, available at https://1stphorm.com/pages/privacy-center. By participating in the Sweepstakes and providing any personal contact information, Entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s Privacy Policy.

GENERAL CONDITIONS: If for any reason the operation or administration of this Sweepstakes is impaired or incapable of running as planned for any reason, including but not limited to (i) infection by computer virus, bugs, (ii) tampering, unauthorized intervention, (iii) fraud, (iv) technical failures, or (v) any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, 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 Sweepstakes in whole or in part, at any time, without notice and award the Prizes (defined below) using all non-suspect eligible entries received as of, or after (if applicable) this cancellation, termination, modification or suspension date, or in any manner that is fair and equitable and best conforms to the spirit of these Official Rules. Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be tampering or attempting to tamper with the entry process or the operation of the Sweepstakes or Sponsor’s Website; or acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner.

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE; THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.

Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to the identity of a Winner based on an email address, the winning entry will be declared by the authorized account holder of the email address associated with the registration in question. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.

RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, Entrants agree to release and hold harmless the Released Parties and Social Media Platforms from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any Prize (defined below) including, but not limited to: (i) any technical errors that may prevent an Entrant from submitting an entry; (ii) unauthorized human intervention in the Sweepstakes; (iii) printing errors; (iv) errors in the administration of the Sweepstakes or the processing of entries; or (v) injury, death, or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or receipt of the Prizes (defined below). Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure of any email or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to Entrant's or any other person's computer relating to or resulting from participation in this Sweepstakes or downloading any materials in this Sweepstakes. Entrants further agree that in any cause of action, the Released Parties’ liability shall be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorney fees. Entrants waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. For New Jersey Residents: nothing herein bars recovery of damages or attorneys’ fees where mandated by statute.

Except as expressly provided above, IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THIS SWEEPSTAKES OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF A PRIZE.

By participating, Entrants release and agree to hold harmless the Released Parties from any and all liability for any injuries, death or losses or damages to persons or property AS WELL AS CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY that may arise from participating in this Sweepstakes or its related activities or the acceptance, possession, use or misuse of, or any harm resulting from the acceptance, possession, use or misuse of a Prize. Released Parties are not liable in the event that any portion of the Sweepstakes is canceled due to weather, fire, strike, acts of war or terrorism, pandemic, or any other condition beyond their control.

EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE USA, ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

DRAWING AND NOTIFICATION: The potential Winners will be selected in a random drawing conducted by the Administrator. The Prize drawing will be conducted on or about October 3, 2024. Odds of winning a Prize will depend on the total number of eligible entries received throughout the Sweepstakes Period. The potential Prize Winners will each be contacted by the Sponsor or Administrator via email and/or phone.

PRIZES: There will be three (3) Prizes available. Each Prize Winner (“Winner”), upon the Sponsor’s verification of eligibility, will receive a 4day/3night trip for two (2) people to the Vortex Optics headquarters in Barneveld, WI (the “Location”). Each Prize package includes the following:

-A $1,000 travel stipend

-Standard hotel accommodations in the Location for three (3) nights (double occupancy room and tax only).

-Exclusive tours and access to Vortex’s manufacturing and testing facilities

-One (1) voucher to spend on any Vortex Optics product – valued at $2,500 MSRP

-One (1) Vortex Optics accessories gift package

-One (1) 1 full-day of long-range and handgun training with Vortex Pro Staff

-All meals and beverages while on-site

-Round-trip ground transfer to/from Madison, WI (MSN) Airport

-Dedicated CLUB host and professional photographer

-Complimentary medical evacuation, rescue and security extraction from Ripcord.

-1st Phorm Prize Pack, including:

-The Essential Stack

-Post-Workout Stack

-One (1) Box of Protein Sti1cks

-One (1) Case of Energy Drinks

-One (1) Box of Protein Bars

-One (1) Box of Hydration Stick

-One (1) Piece of 1st Phorm Outdoors Apparel

(collectively, the “Prize” or “Grand Prize”)

The Approximate Retail Value (“ARV”) of the total Grand Prize package is $8,714 USD, which will vary depending on seasonal fluctuation of hotel rates. Total Prize Pool - $26,142. The value of the Prize set forth above represents Sponsor’s good faith determinations of the ARV thereof and such determinations are final and binding and cannot be appealed. If the actual value of a Prize is lower than the stated ARV when a Prize is procured and fulfilled, then the difference will not be awarded. All other expenses not specifically mentioned herein, including but not limited to, transportation to Madison, WI, airport taxes and fees, baggage fees, ground transportation not specifically delineated, food, beverages, additional hotel amenities or fees and gratuities, are the responsibility of the Winners and/or traveling companions. The Sponsor is not responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by the air transportation carriers, hotels or other transportation companies or any other persons providing any of these services and accommodations necessitated by same. The Sponsor shall not be liable for any loss or damage to baggage and/or personal property. Travel, hotel, and other accommodations are subject to availability. Each Grand Prize Winner and their traveling companion must travel on the same itinerary. Vortex will coordinate a date for the trip with Winners. All travel dates are subject to change in the Sponsor’s sole discretion. Certain blackout dates and material restrictions may apply. NOTE: Substitution, assignment or transfer of the Prize is not permitted, except by Sponsor, who reserves the right to substitute the Prize or any Prize component with another of equal or greater value.

ADDITIONAL PRIZE CONDITIONS: By accepting the Prize, the Winners agree to release and hold harmless the Released Parties from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of the Prize. The potential Winners must each sign and return to the Administrator, within five (5) days of the date of notice or attempted notice, an Affidavit of Eligibility, Liability & Publicity Release in order to claim the Prize. The Winners may also be requested to complete an IRS W9 form. Note: The Affidavit sent to a potential Winner will require that the Winner provide their Social Security Number to the Administrator, which will be used solely for tax reporting purposes. The Winners will be responsible for all local, state, and federal taxes associated with the receipt of the Prize. The Winners must note that the value of the Prize is taxable as income and an IRS Form 1099 will be filed in the name of the Winner for the value of the Prize. The Winners are solely responsible for all matters relating to the Prize after it is awarded. If a Prize or Prize notification is returned as unclaimed or undeliverable to the potential Winner, if a potential Winner cannot be reached or does not comply with notification instructions within two (2) business days from the first notification attempt, if a potential Winner fails to return requisite document(s) within the specified time period, or if a potential Winner is not in compliance with these Official Rules, then such person shall be disqualified and, at Sponsor’s sole discretion, an alternate Winner may be selected.

By accepting the Prize, where permitted by law, the Winners grant to the Released Parties and those acting pursuant to the authority of Sponsor and the Released Parties (which grant will be confirmed in writing upon Sponsor’s request), the right to print, publish, broadcast and use worldwide IN ALL MEDIA, without limitation, at any time, their full name, portrait, picture, video, voice, likeness and/or biographical information for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification. The Winners also acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prize.

All Prize details not specified in these Official Rules will be determined at the Sponsor’s sole discretion. All federal, state and local taxes, as well as any expenses not specified in these Official Rules as being provided as part of the Prize, are the sole responsibility of the Winners. Sponsor will not replace any lost, damaged or stolen Prize. The Sponsor is not responsible for any inability of a Winner to accept or use any Prize (or portion thereof) for any reason. No transfers, prize substitutions (other than substitutions as specifically set forth hereinabove) or cash redemptions will be made, except in Sponsor’s sole discretion. The Sponsor reserves the right to substitute the stated Prize or portion thereof with another prize or portion thereof of equal or lesser value for any reason, including, without limitation, Prize unavailability.

DISPUTES: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Entrants, Administrator, and Sponsor in connection with the Sweepstakes shall be governed by and construed in accordance with the laws of the State of Missouri, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s or jurisdiction’s laws. By participating in the Sweepstakes, Entrant agrees that: (i) any and all disputes, claims, and causes of action arising out of or in connection with the Sweepstakes, shall be resolved individually without resort to any form of class action; (ii) any judicial proceeding shall take place in a federal or state court within the State of Missouri; (iii) any and all claims, judgments , and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event will attorney fees be awarded or recoverable; (iv) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to seek, punitive, incidental, exemplary, consequential, special damages, lost profits, other damages, and/or any rights to have damages multiplied or otherwise increased; and (v) Entrant’s remedies are limited to a claim for money damages (if any) and he/she waives any right to seek injunctive or equitable relief.

SEVERABILITY: The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. If any provision of the Official Rules is determined to be invalid or otherwise unenforceable, the other provisions will remain in effect and will be construed as if the invalid or unenforceable provision were not contained herein.

MISCELLANEOUS: These Official Rules contain the full and complete understanding with respect to the Sweepstakes and supersede all prior and contemporaneous agreements, representations, and understandings, whether oral or written. The headings herein are for convenience only, do not constitute a part of these Official Rules, and shall not be deemed to limit or affect any of the provisions hereof. No amendment to, or waiver of, any provision of these Official Rules shall be effective unless in writing and signed by both Sponsor and Administrator. The waiver by Sponsor or Administrator of any provision of these Official Rules shall not constitute a waiver of any other provision herein. The rights and obligations hereunder may not be assigned by Entrants, whether by operation of law or otherwise, without the prior written consent of Sponsor, and any attempted assignment in violation of the foregoing shall be null and void. These Official Rules shall be binding upon, and inure to the benefit of, the permitted successors and assigns of Sponsor, Administrator, and Entrant.

WINNERS LIST REQUEST: To request confirmation of the first name, last initial, city, and state of residence of each Winner, please send a self-addressed, stamped business size envelope, by November 10, 2024 to: ASC/VS/1^st Phorm Vortex Optics Sweepstakes Winners List Request, 300 State St. Suite 402, Rochester, NY 14614.