Giveaway Official Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
The ProForm Giveaway (the “Giveaway”) is open only to legal residents of the fifty (50) United States (including District of Columbia) who 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.
ICON Health & Fitness, Inc., 1500 South 1000 West, Logan, UT 84321.
How to Enter
To submit an entry, following @ProForm, following the corresponding Instagram poster and tag two friends in the comment to the post.
For purposes of this Giveaway, an entry is “received” when your post and tag appears on corresponding Instagram page and when you are listed as a follower of each of the brands listed. Proof of submitting an entry online (such as an automated computer receipt confirming submission) will not be deemed by Sponsor to constitute proof of actual receipt by Sponsor of an entry for purposes of this Giveaway. Multiple entries are not valid. “SPAM” or fraudulent reviews will not be posted and all entries from said user will be void. Submissions that do not conform to these guidelines will be deleted and no entry will be generated. Sponsor reserves the right to reject or disqualify any review which Sponsor, at its sole discretion, determines to be inconsistent with the letter or spirit of the Official Rules or potentially damaging to its, the Giveaway, or another’s image or reputation.
Limit one (1) entry per person and Instagram account. If an entrant submits more than one entry, only the entry that is received and processed first will be eligible. 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. All entries become property of Sponsor and will not be returned or acknowledged.
Approximately one (1) day after the end of each day within the Giveaway Entry Period, the Sponsor or an independent judging agency will select one (1) entry the corresponding daily prize described below in Section 8 in a random drawing of all valid entries received during that day. Odds of winning a daily prize depend on the number of eligible entries received during the day. The winning entrant will be notified in the Giveaway post and will be instructed to send a DM to @ProForm. Sponsor’s decisions as to the administration and operation of the Giveaway and the selection of potential daily winners are final and binding in all matters related to the Giveaway. Failure to respond to the initial contact within two (2) days of date of notification will result in disqualification. Limit of one (1) prize per person for the entire Giveaway. All awards are subject to verification of eligibility and compliance with the terms of these rules.
POTENTIAL GIVEAWAY WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE GIVEAWAY.
Verification of Potential Winners
Potential winners must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. The potential winners may be required to provide the Sponsor with documentation that shows he or she was an eligible participant. The potential winner will be notified by email after the date of random drawing. The potential winner will be required to sign and return to Sponsor, within two (2) business days of the date 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, potential winner forfeits prize. If a potential winner of a Giveaway prize is disqualified for any reason, Sponsor may award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries.
For all prizes: No cash equivalent for a prize and no substitution will be made except at the Sponsor’s sole discretion. Sponsor reserves the right to substitute any listed prize for one of equal or greater value for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use.
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 prize.
Except where prohibited, participation in the Giveaway constitutes winner’s consent to 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.
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 Sponsor’s reasonable control impairs the integrity or proper functioning of the Giveaway, as determined by Sponsor in its sole discretion. 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, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
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 entrant’s participation in the Giveaway or 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, 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 event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
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 prizes 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 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 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.
For Giveaway results send a hand-printed, self-addressed, stamped envelope to Winners List – ProForm Giveaway Giveaway c/o ICON Health & Fitness, Inc., 1500 South 1000 West, Logan, UT 84321. 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.