Enlightened x Metallica's AWMH Foundation Sweepstakes

OFFICIAL RULES 

NO PURCHASE IS NECESSARY TO ENTER OR WIN. ALL FEDERAL, STATE, LOCAL, AND  MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED BY LAW. By participating in this sweepstakes, you are providing your signature, consent and  agreement to receive text messages and/or emails from Beyond Better Foods, LLC, the Sponsor of this promotion.  Participation constitutes Entrant's full and unconditional agreement to and acceptance of  these Official Rules. 

ENTRY PERIOD: The Enlightened x Metallica’s AWMH Foundation Sweepstakes (the "Sweepstakes") begins on September 1, 2023 at 12:00 am Central Standard Time and ends on January 31, 2024 at 11:59 pm Eastern  Standard Time ("Sweepstakes Period"). Sweepstakes is sponsored by Beyond Better Foods, LLC.  

SPONSOR: Beyond Better Foods, LLC at 15 Canal Place, Suite 311, Bronx, NY 10451 (the  "Sponsor") 

ELIGIBILITY: The Sweepstakes open only to natural persons who are legal residents of the  48 contiguous United States, including the District of Columbia, who are 18 years of age or  older as of the Sweepstakes start date ("Entrant"). Persons in any of the following  categories are not eligible to participate or win a Prize: (a) persons who are employees or  agents of the Sponsor, their respective parent  companies, affiliates, divisions, prize providers, subsidiaries, suppliers, distributors and the  service agencies or independent contractors of any of the above organizations; (b)  suppliers, distributors or retailers of products; (c) individuals engaged in the development  of, the production or distribution of materials for, or the implementation of this  Sweepstakes; or (d) employees of, persons in the immediate family of, or persons living in  the same household as any person in any of the preceding categories (collectively,  "Released Parties"). All federal, state and local laws and regulations apply. For the purposes  of this Sweepstakes, "immediate family members" is defined as spouse, domestic partner,  mother, father, grandmother, grandfather, children, siblings and their spouses, and  "persons living in the same household" shall mean people who share the same residence at  least three (3) months a year, whether legally related or not. This Sweepstakes is void in  Puerto Rico, Guam, American Samoa, all other United States territories, possessions, and  protectorates, foreign based United States military installations and wherever restricted or  prohibited by law. 

HOW TO ENTER: During the Sweepstakes Period eligible Entrants may enter the  Sweepstakes by: 

Website: By visiting https://www.eatenlightened.com/AWMH (“Website”), the Entrants will be instructed to  complete and submit an entry form. Upon the successful submission of the completed and valid entry form, the Entrant will  receive one (1) entry into the Sweepstakes. All entries must be received by no later than  11:59pm on the last day of the Sweepstakes Period to be eligible to win the prize offered.  Entries generated by robotic, programmed,  script, macro or other automated means will be disqualified. No other forms of entry are  valid other than those set forth above. All entry information becomes the property of the  Sponsor. 

DRAWING AND NOTIFICATION: One (1) potential winner will be randomly drawn from  among all eligible entries received for the Entry Period in accordance with these Official  Rules through the entry methods offered (“Winner”). There will be one (1) winner drawn per for a total of one (1) prize (collectively “Drawing”) as per Entry Period chart  (“Entry Period Chart”) below. The drawing will be held from among the Entry Period’s  valid entries only. The potential Winner will be notified on or around the notification date  shown on the Entry Period Chart using the information provided in their entry. All drawings  will be conducted by the Sponsor whose decisions are final and binding in  all matters relating to this Sweepstakes. The Sponsor will randomly select  the potential Winner at the drawing. The decisions of Sponsor are final and binding in all matters relating to the Sweepstakes. Odds of winning depend on the number of eligible  entries received during the Sweepstakes Period. The winners will be notified by mobile  phone, text message, or email and will be required to claim their Prize within five (5) days.  If no response is received within the time allotted, one (1) alternate Winner will be selected.  Any alternates selected will also be required to claim their Prize within five (5) days.  Sponsor is not responsible for suspended or discontinued internet, land line, or wireless  service which may result in potential Winner not receiving initial Prize notification or  communication from Sponsor. 

ENTRY PERIOD CHART 

Entry   Period	Entry Period   starts at   12:00:00 AM ET on:	Entry Period ends  at 11:59:00 PM CT  on:	Drawing  Date	Winners  Drawn	Winner   Notification  Date
1	9/1/23	1/31/24	2/1/24	1	2/2/24

The Prize is as follows:

PRIZE: an ESP Guitar, signed by Metallica. The Approximate  Retail Value (ARV) of the Prize is $4,500.00

PRIZE CONDITIONS: By accepting the Prize, the Winner agrees to release the Sponsor  and the Released Parties from any and all liability whatsoever for any injuries, losses, or  damages of any kind caused by entering the promotion or for damages of any kind caused  by any Prize or resulting from acceptance, possession, or use/misuse of Prize awarded. No  substitution or transfer of Prize or election of cash in lieu of Prize will be permitted, except  by Sponsor. Prizes are awarded "as is" with no warranty or guarantee, either express or  implied. The Sponsor reserves the right at its sole discretion to substitute any part of the  Prize package with another Prize of equal or greater value in the event that the Prize (or any  component thereof) is not available. If the actual value of the of one or all the Prizes  selected by the Winner is lower than the offered ARV Prize value stated in these Official  Rules, the difference will not be awarded in cash or in any other form of payment. Prize  Winner will be required to complete and sign an Affidavit of Eligibility and  Liability/Publicity Release form provided to them to be returned within five (5)  days of written notification, or the Prize may be forfeited, and an alternate winner  may be selected. Prize Winner will also be required to disclose their social security  number for the purpose of issuance of a Form 1099-Misc for tax purposes. Winner  is solely responsible for all applicable federal, state and local taxes and/or any other  fees/costs associated with the Prize or receipt of the Prize. By accepting a Prize, Winners  grant permission for Sponsor and those acting under its authority to use their name, and  address (city and state), photograph, voice and/or likeness, for advertising and/or publicity  purposes, in any and all media (including posting on Web Site) now known or hereinafter  invented without territorial or time limitations and without further notice to and without  additional compensation. If you are selected as a Winner, your information may also be  included in a publicly-available Winner's list. Limit one Prize per individual, household, street  address, mobile number and/or email during any one (1) year period across Sponsor's  promotions. 

GENERAL RELEASES: By accepting a Prize, where permitted by law, the Winner grants to  the Sponsor, its parent, subsidiaries and related companies, and those acting pursuant to  the authority of Sponsor (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, in  perpetuity, at any time the recipient's full name, portrait, picture, voice, likeness and/or  biographical information for advertising, trade and promotional purposes without further  payment or additional consideration, and without review, approval or notification. IN NO  EVENT WILL SPONSOR, THEIR RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES,  ADVERTISING AND PROMOTION AGENCIES, DEALERS, DISTRIBUTORS, SUPPLIERS, PRIZE  PROVIDER AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES,  REPRESENTATIVES AND AGENTS 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 THE  PRIZE. By participating, entrants release and agree to hold harmless the Sponsor, their  respective parents, affiliates, subsidiaries, advertising and promotion agencies, dealers,  distributors, suppliers, Prize provider and their respective directors, officers, employees,  representatives and agents 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 the Prize. Winner  acknowledges that Sponsor has neither made nor is 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 entrants understand and agree that all rights under Section 1542 of the Civil  Code of California ("Section 1542") and any similar law of any state, territory, or country  that may be applicable with respect to the foregoing release are hereby expressly and  forever waived. All participating entrants acknowledge that Section 1542 provides that: "A  GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING  PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN THEIR FAVOR AT THE TIME OF  EXECUTING THE RELEASE AND THAT, IF KNOWN BY THEM, WOULD HAVE MATERIALLY  AFFECTED THEIR SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." The releases  hereunder are intended to apply to all claims not known or suspected to exist with the  intent of waiving the effect of laws requiring the intent to release future unknown claims. 

GENERAL CONDITIONS: This Sweepstakes is subject to all applicable federal, state, and  local laws. By entering the Sweepstakes, Entrant agrees to release, discharge, indemnify  and hold harmless the Released Parties, and each of their respective directors, officers,  employees, shareholders and agents from any and all liability, loss, damage or injuries to  any person (including death) or property of any kind sustained in connection with their  participation in the Sweepstakes or from their acceptance, receipt, possession and/or use or  misuse of the Prize, or for any typographical or other error in the printing, offering or  announcement of the Prize. Entrants further acknowledge that said 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, including, but not  limited to, its quality or fitness for a particular purpose. By participating, Entrants agree to  be bound by these Official Rules and the decisions of the Sponsor, and waive any right to  claim ambiguity in the Sweepstakes or these Official Rules. Sponsor reserves the right to  disqualify any Entrant that Sponsor determines, in its sole discretion, violates these Official  Rules. This Sweepstakes is void where prohibited. 

LIMITATIONS OF LIABILITY: Sponsor reserves the right, in its sole  discretion, to modify, terminate or suspend this Sweepstakes (or any portion thereof) for  any reason, including, but not limited to, viruses, worms, bugs, fraud, technical failures,  non-authorized human intervention, or other causes corrupt or impair the administration,  security, fairness or proper play of the Sweepstakes (or any portion thereof) or for any  other reason and, in the event of termination at its discretion, select winners from those  eligible, non-suspect entries received prior to event requiring such termination. Sponsor does not assume 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. The Released Parties are not  responsible for any problems or technical malfunction of any wireless mobile device,  wireless telephone network, wireless signal coverage or telephone lines, computer on-line  systems, servers, or providers, computer equipment, software, failure of any e-mail or entry  to be received by Sponsor on account of technical problems, human error or traffic  congestion on the Internet, unavailability of the data provider, website, microsite, internet  service provider, social media platform(s) used for purposes of administering this  Sweepstakes that may interfere with the Sweepstakes or any combination thereof, including  any injury or damage to participant's or any other person's computer relating to or resulting  from participation in this Sweepstakes or downloading any materials in this Sweepstakes.  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. In the event of a dispute over the  identity of an Entrant, entry will be deemed submitted by the registered account holder of the email address and/or mobile phone number associated with the entry, provided that 

person is eligible. Prize Winner may be required to show proof of being the registered  account holder. 

"Registered account holder" is defined as the person assigned to an email address by an  Internet access provider, an organization responsible for assigning email addresses for the  applicable domain, or to the responsible party associated with the account connected to the  mobile number. 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. Those who do not follow all of the instructions, provide the required  information in their entry form, or abide by these Official Rules and/or other instructions of  Sponsor may be disqualified. 

GOVERNING LAW: The parties agree that the Sweepstakes and these Official Rules will be  governed, construed, and interpreted under the laws of the State of Pennsylvania, without giving  effect to any choice of law or conflict of law rules (whether of the State of Pennsylvania or any other  jurisdiction) which would cause the application of the laws of any jurisdiction other than the  State of Pennsylvania. 

DISPUTE RESOLUTION: BY ENTERING THE SWEEPSTAKES, 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 SWEEPSTAKES, 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 FIVE  DOLLARS ($5.00), 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 FIVE DOLLARS ($5.00), 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. 

Entrant, Sponsor, and the Released Parties (each, a "Party" and collectively the "Parties")  each agree to fully and finally settle all disputes pertaining to the Sweepstakes,  administration of the Sweepstakes, and/or these Official Rules only through binding  arbitration (in each case, a "Dispute"); provided, however, (a) Sponsor shall be entitled to  seek injunctive or equitable relief in the state and federal courts in or closest to, Des  Moines, IA 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 are 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 Sweepstakes shall be resolved solely by binding arbitration  before a sole arbitrator in an arbitration administered by the American Arbitration  Association ("AAA") or any other mutually agreeable arbitration administration service. The  arbitration may be conducted in person, through the submission of documents, by phone, or  online.

The arbitration shall be commenced and conducted under the Commercial Arbitration Rules  of the AAA, and, where appropriate, the AAA's Supplementary Procedures for Consumer  Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA  website: www.adr.org, unless otherwise mutually agreed between the parties. If an in person hearing is required, except as otherwise required by applicable AAA rules or  applicable law, then it will take place in Des Moines, IA or other location determined by the  Sponsor. The arbitrator will make a decision in writing, but need not provide a statement of  reasons unless requested by either Party. The arbitrator must follow applicable law, and any  award may be challenged if the arbitrator fails to do so. 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 Philadelphia, Pennsylvania. Sponsor agrees to pay the  administrative and arbitrator's fees to conduct the arbitration (but specifically excluding any  travel or other costs of Entrant to attend the arbitration hearing). If for any reason, a  Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or  prosecuted in the state and federal courts located in Des Moines, IA and the Parties hereby  consent to, and waive all defenses of lack of personal jurisdiction, and forum non convenient  with respect to venue and jurisdiction in such state and federal courts. 

In no event shall any Dispute brought by either Party related in any way to the Sweepstakes  be commenced more than one (1) year after the cause of action arose. If this provision is  found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute  falling within that portion of this provision found to be illegal or unenforceable and such  Dispute shall be decided by a court of competent jurisdiction within the courts listed for  jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court. 

The arbitrator is empowered to resolve the Dispute with the same remedies available in  court, however, any relief must be individualized to you and shall not affect any other  customer. You and each Party also agree that each Party may bring claims against the other  in arbitration only in their respective individual capacities and in so doing YOU WAIVE THE  RIGHT TO A TRIAL BY JURY, to assert or participate in a class action lawsuit or class  action arbitration, to assert or participate in a private attorney general lawsuit or private  attorney general arbitration, and to assert or participate in any joint or consolidated lawsuit  or joint or consolidated arbitration of any kind. If a court decides that applicable law  precludes enforcement of any of this paragraph's limitations as to a particular cause of  action, then that cause of action (and only that cause of action) must remain in court and  be severed from any arbitration. 

MISCELLANEOUS: The invalidity or unenforceability of any provision of these Official Rules  will not affect the validity or enforceability of any other provision. In the event that any  provision of the Official Rules is determined to be invalid or otherwise unenforceable or  illegal, the other provisions will remain in effect and will 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 or any other guidelines, instructions, policies, or  term will not constitute a waiver of that provision. 

Entrant agrees to waive any rights to claim ambiguity of these Official Rules. Headings are  solely for convenience of reference and will not be deemed to affect in any manner the  meaning or intent of the documents or any provision hereof. In the event there is a 

discrepancy or inconsistency between disclosures or other statements contained in any  Sweepstakes-related materials, Sponsor's Privacy Policy or Terms of Use on any website,  social media platform or application and/or the terms and conditions of the Official Rules,  the Official Rules shall prevail, govern and control and the discrepancy will be resolved in  Sponsor's sole and absolute discretion. 

USE OF DATA: All information submitted by Entrant will be treated according to Sponsor's  privacy policy, available at https://eatenlightened.com/pages/privacy-policy. By participating in the  Sweepstakes and providing your e-mail address and/or mobile phone number Entrant  hereby agrees to Sponsor's collection and usage of their personal information and  acknowledges that they have read and accepted Sponsor's Privacy Policy. 

WINNERS LIST: For a Winner List, visit https://www.eatenlightened.com/AWMH (“Website”) no earlier than 30 days after the  Sweepstakes has ended. 

This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with,  Facebook, Twitter or Instagram. 

Reference to third parties in connection with prizes and/or third-party websites or services  are for reference and identification purposes only and not intended to suggest endorsement,  sponsorship, or affiliation with Sponsor or the Sweepstakes. 

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ABBREVIATED RULES 

NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF  WINNING. This Sweepstakes open only to natural persons who are legal residents of the  48 contiguous United States, including the District of Columbia, who are 18 years of age or  older as of the Sweepstakes start date. Sweepstakes ends January 31, 2024 at 11:59 pm  Eastern Standard Time. For entry and official rules with complete eligibility, prize  descriptions, odds disclosure and other details, visit https://www.eatenlightened.com/AWMH Sponsored by Beyond Better Foods, LLC Void where prohibited. 

NO PURCHASE NECESSARY. Open to legal residents of the 48 United States and D.C.,  who are 18 years of age or older. Sweepstakes ends 1/31/2024. For entry and Official Rules  visit https://www.eatenlightened.com/AWMH