1. Offer Period
The Ultimate Help 5 Challenge Incentive Offer (the “Offer”) is offered by Young Living Canada ULC, (“Young Living”). The Offer Period begins on July 1, 2018, at 12:00 a.m., Mountain Time (“MT”), and ends at 11:59 p.m., MT, on October 31, 2018 (the “Offer Period”). Young Living’s method of timekeeping is the official time clock for the Offer and is final and undisputable. By participating in the Offer, each participant agrees to abide by and be bound by these Terms and Conditions. Participants further agree to abide by and be bound by all decisions of Young Living which shall be final and binding, without right of appeal, in all matters relating to this Offer and the award(s), including without limitation eligibility and/or disqualification of entries.
The Offer is open to active members who are in good standing with Young Living, are legal residents of Canada and have reached the age of majority in their Province of residence as of the date of entry. “Active members” are members who have made a purchase of at least 50 Personal Volume (PV) in the last 12 months and have signed the Young Living Member Agreement. Employees of Young Living and its associated entities and their spouses and immediate family members are not eligible to participate in this Offer.
3. Earning of Awards
During the Offer Period, participants earn Help 5 Challenge Points (“Points”). These Points will count towards their total to determine the awards. The top six members who accumulate the highest number of Points by the end of the Offer Period, will earn an award.
Ultimate Help 5 Challenge Blitz: Between October 13, 2018, at 12:00 a.m., MT and 11:59 p.m., MT, on October 31, 2018, participants will be awarded double (2x) the Points towards their Ultimate Help 5 Challenge score. Every point earned as part of Help 5 between October 13-31, 2018 will be worth two points towards their Ultimate Help 5 Challenge score.
Personally enrolling or reactivating new Young Living members who purchase one of Young Living’s Premium Starter Kits (“PSK”) specified below from Young Living. Each such enrollee purchasing a PSK from Young Living will be referred to as a “Purchasing Enrollee”. Points are not earned on any qualifying PSK purchases by members the participant did not personally enroll during the Promotion Period or who enrolled under Young Living’s Sponsor Placement Program. Points will be awarded only for the purchase of one qualifying PSK per personally enrolled downline member during that downline member’s first 30 days of enrollment and must be during the promotion period.
Personally enroll downline members in Essential Rewards (ER): Participants earn 1 point when a downline member of their team—whom they personally enrolled, enrolls in ER, or reactivates** on ER after six+ months of ER inactivity, and places an ER order of 50 PV or higher during the promotion period.
Purchasing Enrollees who purchase a PSK but return the PSK during the Offer Period on or before October 31, 2018 at 11:59 p.m., MT, will not be counted as Purchasing Enrollees.
Only the following products qualify as PSKs for the purposes of this Offer:
Premium Starter Kit w/Dewdrop (Item #546303, #546303P, #546303D)
Premium Starter Kit w/NingXia (Item #546703, #546703P, #546703D)
Premium Starter Kit w/ Desert Mist (Item #24073, #546703P, #546703D)
Premium Starter Kit w/ Thieves (Item #546603, #546603P, #546603D)
During the Offer Period, the participants with the highest number of Purchasing Enrollees may be audited on a regular basis to monitor compliance with the Young Living Policies and Procedures applicable to the member’s jurisdiction (“Young Living’s Policies and Procedures”), especially, but not limited to, those sections pertaining to advertising and promotions. Any violation of Young Living’s Policies and Procedures may disqualify the participant from the Offer in its entirety.
Participants who enroll at least five (5) Purchasing Enrollees between December 1, 2018, at 12:00 a.m., MT and 11:59 p.m., MT, on December 31, 2018 will be awarded one (1) Raindrop Technique Essential Oil Collection (313703). This award has a retail value (RV) of $228.62 CAD. This award will be shipped to the participant in January 2019.
In addition to the foregoing awards, the top six participants with the highest number of Purchasing Enrollees during the Offer Period will be awarded an all-expense paid trip for one (1) to either:
Hawaii (“the Destination”) to participate in a Transformational Women’s Retreat lead by Richard Bliss Brooke (“Travel Award”), (approximate retail value $8,500) or,
Guayaquil, Ecuador (“the Destination”) to tour the Finca Botanica Farm, participate in a hands-on service project at the school and celebrate the graduating class of the Young Living Academy with the D. Gary Young, Young Living Foundation (“Travel Award”), (approximate retail value $4,600 CAD) or,
Alaska Inside Passage (“the Destination”) from June 7-14, 2019 to join peers and leaders on the 2019 Global Leadership Cruise (“Travel Award”) (approximate retail value $7,700 CAD).
In the event of a tie between one or more participants for the top spot(s), Young Living will randomly select one participant between all tying participants.
4. General Award Conditions
Awards must be accepted as offered and may not be substituted, transferred or redeemed for cash or otherwise, except at Young Living’s sole discretion. Approximate value is an approximation and may differ; Young Living will not be responsible for any difference between stated and actual value. Young Living reserves the right, at its sole discretion, to substitute an award of greater or equivalent monetary value if the award cannot be offered as described for any reason.
All federal, state, and local taxes (including income and withholding taxes), if any, as well as any other costs and expenses associated with award acceptance and use not specified herein as being provided are the participant’s responsibility, regardless of whether the award is used in whole or in part. In the event there are not enough eligible members to offer all awards, Young Living reserves the right to only award the number of awards as there are eligible members. Any awards not given after the Offer Period may remain unawarded. Award restrictions/conditions stated herein are not all-inclusive. Awards are offered "AS IS" and WITHOUT WARRANTY OF ANY KIND, express or implied, including, without limitation, any implied warranty of merchantability or fitness for a particular purpose.
(A) Travel Award Conditions
All expenses not stated herein as part of the Travel Award are the qualifying participant’s sole responsibility (as applicable), including without limitation ground transportation to/from the Departure Point, communication charges, luggage fees, room service, gratuities, personal expenses, optional tours, insurance and medical travel documents. The Travel Award will be forfeited if: 1) after accepting the Travel Award, the qualifying participant is not available to travel on the dates specified for the trip; or 2) the participant, if applicable, does not have the required travel documents by the date scheduled for the trip. The participant is solely responsible for obtaining any travel insurance (and all other forms of insurance) that they may wish to obtain at their own expense and hereby acknowledge that Young Living has not and will not obtain or provide travel insurance or any other form of insurance. Travel Award participant is bound by the terms and conditions of all airlines and other third-party service providers used in connection with the Travel Award. Young Living is not responsible if tickets, etc. are lost, stolen, or misplaced by Travel Award participant and will not be replaced or re-booked if transportation is missed for any reason. Exact dates and locations are subject to change, and are at the sole discretion of Young Living.
Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. Travel Award participant will not receive cash or any other form of compensation if actual travel costs are less than the ARVs stated in these Terms and Conditions.
Young Living shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, cruise ship operators, or other transportation companies or any other persons providing any of these services and accommodations necessitated by same. No refund or compensation will be made in the event of the cancellation or delay of any flight except at the sole discretion of Young Living.
Travel arrangements for Travel Award will be arranged for the qualifying participant through Young Living’s preferred travel agent. If Travel Award participant purchases their own airline tickets, without prior approval from Young Living’s preferred travel agent, they will be in- eligible for reimbursement.
All travel arrangements must be finalized and booked at least four weeks prior to the start of the trip. A participant’s failure to respond to emails and phone calls from Young Living’s preferred travel agent within 24-hours could result in forfeit of the airfare portion of the Travel Award. All flight arrangements associated with the Travel Award, once ticketed, are final and qualifying participant is responsible for any and all fees associated with changing travel in any way.
Upon checking in at hotel/lodging, qualifying Travel Award participant will be required to provide his/her own personal credit card or debit card to cover his/her own incidental expenses. Inquiries regarding specifics on daily funds held for incidentals by the hotel/lodging should be directed to the hotel/lodging. Incidentals are not included with in the Travel Award for the Offer.
5. Travel Cancellation and Force Majeure
Travel Award participant who cancels his/her attendance on their chosen trip will not receive a refund for the value of their awards. Participant who cancels his/her attendance may be required by Young Living, in its sole discretion, to reimburse Young Living for any costs associated with cancelling the trip. Young Living will not compensate, in cash or kind, qualifiers who are unable to participate in the trip after accepting the trip. Young Living will not be held responsible if cancellation of the event occurs due to any of the following: extreme weather, natural disasters, strikes, picket lines, boycott efforts, fires, floods, accidents, war (whether or not declared), revolution, riots, insurrections, acts of God, acts of government (including, without limitation, any Canadian governmental agency or department), acts of the public enemy, scarcity or rationing of gasoline or other fuel or vital products, inability to obtain materials or labor, or other causes that are reasonably beyond the control of Young Living. In the case of such events, Young Living may provide a cash award of equivalent value at its sole discretion.
6. Notification/Award Acceptance
Participants will have access to a detailed breakdown of their point totals through the Help 5 landing page on www.YoungLiving.com/en_CA
. Travel Award participants will be determined following the conclusion of the Offer Period. On or before November 4th, 2018 the names of the top earning participants and the Travel Award participant may be announced on stage at the 2018 Canadian Convention and available online at YoungLiving.com once the eligible participants have been determined and verified following the conclusion of the Offer Period.
On or about November 4th, 2018 an email will be sent to the participants who qualified for the Travel Award, this email will be sent to the email address on file for the qualifying participant. The email will contain an acceptance link where the participant must accept or decline the Travel Award and complete a registration form by November 9, 2018 (or five (5) business days following the sending of the email). Between November 4th and November 9th, and only during that period, the Travel Award participant may transfer (irregardless of any non-transfer clauses stated herein) the Travel Award to another Young Living Member who must accept the Travel Award during this period. Failure to respond to the acceptance email through the acceptance link within this timeframe will be deemed a declination of the trip. This declination is nonreversible and similarly acceptance of a Travel Award will be final. If a participant declines the Travel Award they will no longer qualify for a replacement award and the Travel Award will be offered to the next qualifying member.
7. Privacy and Publicity
Young Living and its authorized agents will collect, use, and disclose the personal information you provide when you participate in the Offer for the purposes of administering the Offer and award fulfillment.
By accepting any award, the respective participant consents to the use of his/her name, address (city, province, and country of residence), voice, and statements relating to the Offer and Young Living, and photographs or other likeness, in any publicity or advertising carried out by Young Living or any related entities in any media without territorial or time limitation, except where prohibited by law, without further compensation or notice, and hereby releases Young Living from any liability with respect thereto.
8. Limitations of Liability
Young Living and its affiliates, subsidiaries, parent companies, advertising and promotion agencies, printers, and judges involved in this Offer are not responsible for any inaccuracies in information which may be used in the Offer, for any technical or human error which may occur in the processing of entries, including data entered by participants, any entry miscommunications such as technical failures related to computer, telephone, cable, and unavailable network or server connections, related technical failures, or other failures related to hardware, software, or virus, or incomplete, late, or misdirected entries. Any compromise to the fair and proper conduct of this Offer related to a computer virus or similar type of technical impairment that may affect the proper fairness, security, and administration of the Offer may result in the termination, amendment, or modification of the Offer or portion thereof at the sole discretion of Young Living. Young Living reserves the right, in its sole discretion, to void any entries of participants whom Young Living believes has attempted to tamper with or impair the administration, security or fairness of this Offer or who acts in a non-sportsman like manner or with the intent to threaten or harass any other person.
By participating in the Offer, participants waive all rights to claim punitive, incidental and consequential damages, attorneys’ fees, or any damages other than actual out-of-pocket costs or losses that may arise in connection with participation in the Offer or acceptance, possession, and use of any award.
All causes of action arising out of or connected with this Offer or any award shall be resolved individually, without resort to any form of class action. Some jurisdictions may not allow certain limitations on damages or the ability to seek damages through a class action, so some of these restrictions may not apply to you.
9. Other Terms and Conditions
If aspects of the awards change that are beyond the control of Young Living, neither Young Living, nor any other promotional partners furnishing awards, will be liable or responsible for any such changes and Young Living reserves the right to substitute an award of equivalent or greater value, at Young Living's sole and absolute discretion, if, for any reason, all or any portion of an award, as described herein, are or become unavailable. No transfer of an award to a third party is permitted. By accepting an award, participant agrees that Young Living shall not be liable for any injuries, damages, or losses of any kind resulting from or in connection with the awarding, acceptance, possession, or use of the award or any aspects or parts thereof.
Young Living will be the final arbiter of all Term and Conditions interpretations and qualification determinations and such decisions will be final. Where applicable, awards will be reported as income on the qualifying participants’ annual tax form. Qualifying award participants will be responsible for paying all taxes on any award and/or subsidy or subsidies granted by Young Living. Qualifying participants will be issued a T4A reporting the fair market value of their award as taxable income. Young Living reserves the right to suspend or terminate this Offer, without notice, for any reason or no reason, in its sole discretion. All members who qualify will be subject to auditing or verification of their Spirit of Sharing point totals.
By participating in the Offer, you (i) acknowledge compliance with these Terms and Conditions including all eligibility requirements, (ii) warrant that any information you provide in connection with this Offer is true and accurate, and (iii) agree to be bound by the decisions of Young Living which shall be final and binding in all matters relating to this Offer. Members who have not complied with these Terms and Conditions are subject to disqualification.
This Offer is subject to all applicable federal, state and provincial laws. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of participant and Young Living in connection with the Offer, shall be governed by, and construed in accordance with, the substantive laws of the State of Utah without regard to conflicts of law principles. All participants consent to the jurisdiction and venue of the Federal, state and local courts of Utah.
In the event of any conflict with any Offer details contained in these Terms and Conditions and Offer details contained in other materials (including, without limitation, any point of sale, online or print advertising), the details of the Offer as set forth in these Terms and Conditions shall prevail.
Young Living’s failure to or decision not to enforce any provision in these Terms and Conditions will not constitute a waiver of that or any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Terms and Conditions 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.