Sweepstakes Terms

The following Promotion is intended for the 50 United States and D.C. only and will be construed and evaluated according to United States laws. Do not participate in this Promotion site if you are not a legal resident of the 50 United States or D.C. and 18 years or older at Promotion Start Date.

FIRST DAY’S $5K YEAR OF HEALTH SWEEPSTAKES

OFFICIAL RULES – NO PURCHASE NECESSARY TO ENTER OR WIN.

A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND D.C., 18 YEARS OF AGE OR OLDER AT PROMOTION START DATE. VOID WHERE PROHIBITED. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT. 

  1. How to Enter: The $5K Year of Health Sweepstakes (the “Promotion”) begins at 12am Pacific Standard Time (“PST”) on December 26, 2024 and ends at 12pm PST on January 9, 2025 (the “Promotion Period”). All Entries must be received during the Promotion Period to be eligible. Eligible entrants may enter the Promotion by (i) placing a new subscription order for any First Day Product on First Day’s website (www.firstday.com and discover.firstday.com, collectively, the “Website”); or (ii) sending their full name, mailing address, email address, and phone number to the following address:

First Day Life, Inc.
ATTN: Sweepstakes Entry
2028 E Ben White Blvd #240-8088
Austin, TX 78741 

All mailed entries must be postmarked within the Promotion Period and be received no later than one week after the end of the Promotion Period. Limit of one (1) Entry per eligible person during the Promotion Period. If more than one Entry is received from the same entrant during the Promotion Period, only the first Entry will be accepted and additional Entries will be disqualified. Purchasing a subscription on Amazon will not result in an automatic sweepstakes entry. First Day Product means one or more of the Company’s multivitamin, 3-in-1 Pre+ Post+ Probiotics, and Calming Magnesium products.

  1. Eligibility: This Promotion is open only to legal residents of the 50 United States and the District of Columbia who are eighteen years of age or older at the Promotion start date. Employees and members of their households, whether or not related, and immediate families (spouses, parents, siblings, children and each of their respective spouses) of First Day Life, Inc. (the “Company”), its respective parent companies, subsidiaries, and affiliates, and its advertising and promotion agencies and all local sponsors are not eligible. Void where prohibited.
  2. Privacy: In connection with the Promotion entry process, the Company may collect personal data about entrants in accordance with its privacy policy. Please review the Company’s privacy policy located at https://firstday.com/policies/privacy-policy. By participating in the Promotion, you hereby agree to the Company’s collection and usage of your personal information and acknowledge that you have read and accepted the Company’s privacy policy. When you enter, you may be asked to consent to receive promotional emails and reminders for upcoming promotions and information about the Company. Consenting to receive such emails is optional and does not have to be agreed to in order to be eligible to enter the Promotion and does not improve your chances of winning.
  3. Publicity Grant: Except where prohibited, participation in the Promotion constitutes your consent to the Company’s use of your name, photograph, likeness, statements, biographical information, voice, Entry, and state of residence for promotional purposes in any and all media, now or hereafter devised, worldwide in perpetuity, without further payment or consideration, notification or permission. Prize Winner will be asked to provide an audio and/or video testimonial or other statement. Prize Winner’s testimonial or other statement is subject to the terms of this Publicity Grant. 
  4. Limitations of Liability: the Company, its respective affiliates, subsidiaries, parent, advertising and promotion agencies, and their respective officers, directors, shareholders, employees and agents, and any and all Internet servers and access provider(s) (collectively, “Released Parties”) are not responsible for: any incorrect or inaccurate Entry information; human error; technical malfunctions; failures, omissions, interruption, deletion, or defect of any telephone network, computer online systems, computer equipment, server providers, or software, including any injury or damage to your or any other person’s computer relating to or resulting from participation in this Promotion; inability to access the Website; theft, tampering, destruction, or unauthorized access to, or alteration of Entries; transactions that are processed late or incorrectly or are incomplete or lost due to computer or electronic malfunction or traffic congestion on the Internet or at any web site; printing or human or other errors; and any Entries which are late, lost, incomplete, misdirected, stolen, mutilated, illegible, postage due, or any combination thereof. Upon submission, all Entries become the Company’s property and will not be returned. By entering, you agree to release, discharge, indemnify and hold harmless the Released Parties from and against all claims and damages or liability arising in connection with your participation and/or Entry in the Promotion and/or your receipt or use of any prize awarded in this Promotion or due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in any Promotion-related activity or participation in this Promotion. Any and all warranties and guarantees are subject to the respective manufacturer’s terms. If by reason of a printing or other error, more prizes are claimed than the number set forth in these rules, all persons making purportedly valid claims will be included in a random drawing to award the advertised number of prizes available in the prize category in question. No more than the advertised number of prizes will be awarded. You further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. You 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 HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER 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.
  5. Winner Selection: One (1) Prize Winner will be determined from among all eligible Entries submitted during the Promotion Period through a random drawing to be conducted on or about January 20, 2025 and will be contacted by phone or email on or about three (3) business days following the drawing. The Company’s decisions with respect to the Prize Winners, these Official Rules, and all other matters pertaining to the Promotion shall be final and binding.

The prospective Prize Winner will be required to sign a declaration of eligibility and release of liability and publicity (where permitted) and IRS Form W-9 and return same, properly executed, within seven (7) days of issuance of prize notification. If the Company is unable to contact a prospective Prize Winner within three (3) days from first notification attempt, if a prospective Prize Winner fails to complete and return all requested forms by the specified date, or if a prospective Prize Winner fails to comply with any of the requirements in these Official Rules, his/her prize will be forfeited and an alternate prospective Prize Winner shall be selected. The odds of winning depend upon the number of eligible Entries received during the Promotion Period.

  1. Conditions of Entry: Entry materials that have been tampered with or altered are void. If in the Company’s opinion there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Promotion, or if computer viruses, bugs, unauthorized intervention, fraud, or technical difficulties or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Promotion, the Company  reserves the right at its sole discretion to disqualify any individual who tampers with the entry process and void any Entries submitted fraudulently, to modify, suspend, or terminate the Promotion, or to conduct a random drawing to award the prizes using all eligible, non-suspect Entries received as of the termination date or as otherwise deemed fair and appropriate by the Company. Should the Promotion be terminated prior to the stated expiration date, notice will be posted on the Website. CAUTION: ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM YOU TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
  2. Prize: The Prize Winner will receive USD $5,000 either via check or ACH transfer, as determined by the Prize Winner. Once paid out per Prize Winner’s instructions, Sponsor shall have no further obligation to Prize Winner or anyone else. No other prizes will be awarded. The specifics of the aforementioned Prize in the Promotion shall be solely determined by the Company. All costs, taxes, fees, and expenses associated with any element of any prize not specifically addressed above are the sole responsibility of the Prize Winner. All federal, state and local taxes on prizes are the Prize Winner’s responsibility. The Prize Winner will be issued a 1099 tax form for the value of the Prize, which will also be filed with the U.S. Internal Revenue Service.
  3. Disputes/Governing Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these rules, or the rights and obligations of any entrant or the Promotion Entities in connection with the Promotion, shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any choice of law or conflict of law rules or provisions which would cause the application of the laws of any jurisdiction other than the State of New York. 

Entrant, the Company, and the other 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 the Binding Arbitration and Class Action Waiver provisions provided in the Company’s Terms of Service located at https://firstday.com/policies/terms-of-service, as updated or amended (the “Dispute Resolution Terms”); provided, however, the Company shall be entitled to seek injunctive or equitable relief in the state and federal courts in New York City, New York and any other court with jurisdiction over the Parties. In the unlikely event that you and the Company are unable to resolve a dispute through the terms described in the Dispute Resolution Terms, the Parties agree to resolve the dispute through binding arbitration or small claims court instead of in courts of general jurisdiction. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS PROMOTION. YOU HEREBY WAIVE ANY RIGHTS OR CLAIMS TO ATTORNEY'S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, IDENTIFIABLE PERSONS, OR THIRD PARTY PARTICIPANTS, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE.

  1. Force Majeure:  Sponsor reserves the right to modify, extend, discontinue or end the Sweepstakes at any time at its sole discretion.  
  2. Severability: If any provision of these Official Rules shall be held invalid, illegal, or unenforceable, such provision shall be enforced to the maximum extent permitted by law and the Company’s fundamental intentions hereunder, and the remaining provisions shall not be affected or impaired, provided, however, that in such cases the parties oblige themselves to use their best efforts to achieve the purpose of the invalid provision by a new legally valid stipulation.
  3. Winners List: Beginning on or about February 28, 2025 you may obtain the name of the Prize Winner by going to the Website.
  4. Trademark Attribution: First Day®  is a registered trademark of First Day Life, Inc.
  5. Sponsor:  First Day Life, Inc., 2028 E Ben White Blvd., #240-8088, Austin, TX 78741

The Sweepstakes and all accompanying materials are © First Day Life, Inc. All trademarks, service marks, logos, products, or service names are the property of their respective owners. All Rights Reserved. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Google, LLC, Alphabet, Inc., Meta Platforms, Inc., Facebook, Inc., Instagram, Inc., or any other third-party not specifically designated by the Company.