Giveaway Official Rules

by proformadmin · Published May 15, 2018 · Updated December 22, 2020

UPDATED, DECEMBER 21, 2020

NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

1. Eligibility

Giveaway is open only to legal residents of the fifty (50) United States (including District of Columbia), who are 18 years or older at the time of participation. Void where prohibited by law. Employees of ICON Health & Fitness, Inc. or any of its respective affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production, execution, or distribution of the Giveaway and their immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members (people who share the same residence at least three (3) months out of the year) of each such employee are not eligible. The Giveaway is subject to all applicable federal, state, and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Giveaway. Winning a prize is contingent upon fulfilling all requirements set forth herein.

2. Sponsor

ICON Health & Fitness, Inc., 1500 South 1000 West, Logan, UT 84321.

3. Giveaway Entry Period

The Giveaway starts on December 21, 2020 at 12:00 a.m. Eastern Time (“ET”) and ends on December 22, 2020 at 11:59 p.m. ET (the “Giveaway Entry Period”). Sponsor is the official timekeeper for this Giveaway.

4. How to Enter

During the Giveaway Entry Period you must follow these steps:

1 – Screenshot the crossword puzzle on ProForm’s Instagram (@ProForm) and fill it out.

2 – Post the completed crossword puzzle to your Instagram Stories and tag @ProForm. If your Instagram account is private, please screenshot your story and direct message it to us.

Limit one (1) entry per person during the Giveaway Entry Period. An entrant may not use more than one Instagram account to enter. A person may not share an Instagram account when entering. The use of automated entry devices is prohibited, and no mechanically reproduced entries are allowed; all such entries are void. The Sponsor is not responsible for: late, incomplete, delayed, undelivered, or misdirected entries. Proof of submission does not constitute proof of receipt. Sponsor shall not be liable for any problems that occur during the entry process and shall not have any obligation to advise an entrant of an incomplete or undeliverable entry.

5. Winner Selection

Approximately one (1) day after the end of the Giveaway Entry Period, the Sponsor or an independent judging agency will select one (1) entry for the grand prize described below in Section 8 in a random drawing of all valid entries received during the Giveaway Entry Period. Odds of winning depend on the number of eligible entries received during the Giveaway Entry Period. The entrant will be announced as a comment on the Giveaway Post (subject to verification of eligibility and compliance with the terms of these rules). The winner will be required to direct message @ProForm on Instagram and follow all subsequent instructions. Ensure that you have your social media account set to public and have notifications turned on. Sponsor’s decisions as to the administration and operation of the Giveaway and the selection of a potential winner are final and binding in all matters related to the Giveaway. Failure to respond to the initial announcement within three (3) days of the date of notification will result in disqualification.

6. POTENTIAL GIVEAWAY WINNER IS SUBJECT TO VERIFICATION BY SPONSOR WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE GIVEAWAY.

7. Verification of Potential Winner

Potential winner must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. The potential winner may be required to provide the Sponsor with documentation that shows he or she was an eligible participant. The potential winner will be required to sign and return to the Sponsor, within three (3) days of the date the notice is sent, an affidavit of eligibility and liability/publicity release (except where prohibited) to claim his/her prize, if applicable. If a potential winner of any prize cannot be contacted, fails to sign and return the affidavit of eligibility and liability/publicity release within the required time period (if applicable), or if the prize or prize notification is returned as undeliverable, the potential winner forfeits the prize. If a potential winner of a Giveaway prize is disqualified for any reason, the Sponsor may award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries.

8. Grand Prize

One (1) grand prize will be awarded. Grand prize winner will get a choose one ProForm+ machine. The Sponsor reserves the right to substitute the listed prize for one of equal or greater value for any reason. The Sponsor reserves the right to substitute the listed prize (or portion thereof) for one of comparable or greater value for any reason. The prize is provided “as is,” with no warranty or guarantee by the Sponsor. The Grand Prize winner is responsible for all taxes and fees associated with the prize receipt and/or use. All federal, state, and local tax liabilities, as well as any other costs and expenses not specified herein as being awarded, are the sole responsibility of the Grand Prize winner. The Grand Prize winner may be required to complete and return an IRS W-9 form (i.e. Request for Taxpayer Identification Number and Certification). The prize will be awarded only if the potential Grand Prize winner fully complies with these Official Rules. Prize will be delivered approximately 6-8 weeks after the grand prize winner is finalized.

9. 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 and/or the Giveaway judges which are binding and final in all matters relating to this Giveaway; (b) release and hold harmless the Sponsor and each of its respective parents, subsidiary, and affiliated companies, the prize suppliers, and any other organizations responsible for sponsoring, fulfilling, administering, advertising, or promoting the Giveaway, and all of their respective past and present officers, directors, employees, agents, and representatives (collectively, 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 Giveaway, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation, or use of entry; and (c) indemnify, defend, and hold harmless the Sponsor from and against any and all claims, expenses, and liabilities (including reasonable attorneys fees) arising out of or relating to an entrant’s participation in the Giveaway and/or entrant’s acceptance, use, or misuse of the prize.

10. Publicity

Except where prohibited, participation in the Giveaway constitutes the winner’s consent to the Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions, and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.

11. General Conditions

Sponsor reserves the right to cancel, suspend, and/or modify the Giveaway, or any part of it, if any fraud, technical failures or any other factor beyond the Sponsor’s reasonable control impairs the integrity or proper functioning of the Giveaway, as determined by the Sponsor in its sole discretion. The 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 Giveaway, or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Giveaway may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. The Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the registrant or player. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted address. The potential winner may be required to show proof of being the authorized account holder. All entries become the sole and exclusive property of the Sponsor and will not be returned. The Sponsor reserves the right to contact entrants and all other individuals whose email address is submitted as part of this Giveaway.

12. Limitations of Liability

The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by entrants, printing errors, or by any of the equipment or programming associated with or utilized in the Giveaway; (b) technical failures of any kind, including, but not limited to: malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Giveaway; (d) technical or human error which may occur in the administration of the Giveaway or the processing of entries; or (e) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from an entrant’s participation in the Giveaway or the receipt or use or misuse of any prize. If, for any reason, an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Giveaway play, provided that if it is not possible to award another entry due to discontinuance of the Giveaway, or any part of it, for any reason, the 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 prize offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming, or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, the Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.

13. Disputes

Entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Giveaway shall be resolved individually, without resort to any form of class action; (b) any and all disputes, claims, and causes of action arising out of or connected with this Giveaway, or any prize awarded, shall be resolved exclusively by the United States District Court or the appropriate Utah State Court located in Cache County, Utah; (c) any and all claims, judgments, and awards shall be limited to the actual out-of-pocket costs incurred, including costs associated with entering this Giveaway, but in no event attorneys’ fees; and (d) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the entrant and the Sponsor in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of the State of Utah, without giving effect to any choice of law or conflict of law rules (whether of the State of Utah or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Utah.

14. Entrant’s Personal Information

Information collected from entrants is subject to the Sponsor’s Privacy Policy, which is available at www.proform.com/privacy.

15. Giveaway Results

For Giveaway results, send a hand-printed, self-addressed, stamped envelope to Winners List – Giveaway c/o ICON Health & Fitness, Inc., 1500 South 1000 West, Logan, UT 84321. Your request needs to include the dates of the Giveaway Entry Period. Requests for the winners’ list must be received within 60 days after the winner selection.

This Giveaway is in no way sponsored, endorsed or administered by, or associated with Instagram®