Fabletics Home Gym Upgrade Sweepstakes
OFFICIAL RULES: The following are the official rules (“Rules”) for “Home Gym Upgrade” Sweepstakes (“Sweepstakes”). In order to enter the Sweepstakes, you must agree to these Rules. You agree that submission of an entry form and/or participation in the Sweepstakes constitutes your agreement to these Rules.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
- Eligibility: The Sweepstakes is open only to legal residents of the contiguous forty-eight (48) states of the United States, Hawaii, Alaska, and the District of Columbia who are 18 years of age or older at the time of entry. Employees of Sponsor and its respective parent, affiliates, subsidiaries, Sweepstakes agencies, suppliers and members of their immediate families, are not eligible. Void in Rhode Island and Puerto Rico and where prohibited by law. For purposes of the Sweepstakes, “immediate family” is defined as spouses, parents, children, siblings and their respective spouses, regardless of whether they reside in the same household.
- Sponsor: This Sweepstakes is sponsored by Fabletics, LLC, a Delaware limited liability company with its principal place of business at 800 Apollo St., El Segundo, CA 90245 (“Sponsor”).
- Timing: The Sweepstakes begins at 12:00 pm PST on Monday, May 18, 2020 until 11:59 pm PST on Sunday, May 31, 2020 (“Sweepstakes Period”).
- Entry: To enter the Sweepstakes, during the Sweepstakes Period, participants must complete the following actions: 1. follow @Fabletics, @TRXTraining and @Therabody; 2. Comment with their favorite at-home workout and tag up to 3 friends in the comments of the Fabletics Instagram post, posted on Wednesday, May 20, 2020 or Friday, May 29, 2020, or through Sweepstakes Partners’ (@Therabody and @TRXTraining) posts on <date>. 3. Participants may submit a bonus entry by providing their email address and completing the Sweepstakes Form <here>. Entrants must have a valid Instagram account and email address to be eligible to enter. No purchase necessary. A purchase or payment of any kind will not increase your chances of winning. One (1) grand prize winner and three (3) runners-up winners will be randomly selected (“Winner”) from the pool of entries. No more than one (1) person can enter using the same Instagram account. Up to 2 entries (“Entries”) per person. Use of any automated system to participate is prohibited and will result in disqualification. The Sweepstakes is not sponsored by Instagram.
- Entry Errors: Sponsor is not responsible for lost, late, incomplete, damaged, stolen, invalid, unintelligible or misdirected entries, which will be disqualified. Sponsor is not responsible if online service or equipment is interrupted including without limitation (1) interruptions to any network, server, Internet, Web site, telephone, satellite, computer or other connections, (2) failures of any telephone, satellite, hardware, software or other equipment, (3) garbled, misdirected or jumbled transmissions, or traffic congestion, (4) other errors of any kind, whether human, technical, mechanical or electronic, (5) the incorrect or inaccurate capture of information or the failure to capture any such information, or (6) printing or typographical errors.
- Prizes: The following “Prize” is being awarded in this Sweepstakes: (i) One (1) Grand Prize Winner will receive $5,000 worth of fitness equipment and apparel which include $600 worth of TRX Training equipment (Pro4 Strap, TRX Kevlar 10” 14lb Weight Ball, 30ft Battle Rope, TRX Exercise Mini Band Bundle, TRX XD Agility Ladder and 26” Rocker), Theragun Elite valued at $399, $1,000 to Fabletics.com which will be fulfilled as a gift card, and up to $2,000 of equipment and accessories including weight rack (and accessories) and cardio machine. (“Prize”). Three (3) Runners-Up will receive $500 worth of prizes which includes TRX Home2 System, TRX Exercise Mini Band Bundle, TRX 3” Rocker, $100 Therabody promo code and $150 Fabletics.com gift card. The approximate value of the Grand Prize is up to five thousand dollars ($5,000 USD) and five hundred ($500 USD) for Runners-Up. Limit one (1) Prize per Winner. All results and decisions of Sponsor are final and binding in all respects. The Prize cannot be combined with any other offer. The Prize is not transferable or redeemable in cash and must be accepted as awarded. Any difference between the approximate value and the actual value of the Prize will not be awarded and any difference will not be refunded. Federal, State and local taxes related to the Prize, if any, are the sole responsibility of the Winner. Winner is under no obligation to join the Fabletics VIP Membership Program to redeem gift card value and may elect to checkout as a “pay as you go” customer. Fabletics (www.Fabletics.com) is the leading Athletic leisure wear subscription ecommerce site and lifestyle brand.
- Prize Winner Obligations: Winners must redeem the Prize within six (6) months of claiming the Prize. As part of the Prize, Winner agrees to execute the Sponsor’s standard release form, IRS W9 form, and Release of Liability/Publicity in connection therewith prior to Prize fulfillment within ten (10) days of date of notification or an alternate winner may be selected in a random drawing from among all remaining eligible entries.No insurance or warranty will be provided as part of the Prize. Winner must redeem the Prize within six (6) months of claiming the Prize.
- Selection of Winner: Sponsor will select one (1) Grand Prize Winner and 3 Runners-Up Winners at random from the pool of entries (the “Entries”). Odds of winning depend on the number of eligible Entries received during the applicable Sweepstakes Period. The Winner will be notified via direct message on Instagram within ten (10) business days after the Sweepstakes Period ends. Entrants are responsible for ensuring that their Instagram Account information is up-to-date and accurate. Prize notices returned as undeliverable will result in the disqualification of the potential Prize Winner and an alternate Winner will be selected. Sponsor’s decisions as to the random drawing are final and no correspondence will be entered into. Winner will have forty-eight (48) hours to respond and claim their Prize via Instagram Direct Message or E-mail message from @fabletics or email@example.com. If the Winner is discovered to be invalid for any reason prior to delivery of the Prize, or if the Winner cannot be contacted or does not respond within the forty-eight (48) hour time period, an alternate Winner may be selected, at the sole discretion of the Sponsor. If there is no Winner by the 30th day after end of Sweepstakes, no further Winners will be chosen. In the event of a dispute, the person to who the Instagram account used to enter the Sweepstakes was registered will be deemed the winning Entrant. Potential Winner may be required to show proof of identification, complete a W-9 form, and provide social security number in conjunction with Prize award/acceptance. Winner is under no obligation to join the Fabletics VIP Membership Program to redeem the Prize and may elect to checkout as a “pay as you go” customer. Fabletics (www.Fabletics.com) is the leading Athletic leisure wear subscription ecommerce site and lifestyle brand.
- GENERAL: If any section, provision, term or clause shall be held or found to be unenforceable or invalid by a court decision, statute, rule or otherwise, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from these Rules to the extent necessary to make such provision enforceable and consistent with the remainder of these Rules. This Sweepstakes is governed by the laws of the State of California, United States. All federal, state and local laws and regulations apply. By entering and participating in the Sweepstakes, you agree to be bound by these Rules and by Sponsor’s decisions, which are final and binding on all matters relating to the Sweepstakes. Sponsor’s failure to enforce any provision of these Rules shall not constitute the waiver of such provision. Entrants are required to provide accurate, valid and truthful information at all times. Sponsor will reject and delete any Entry that it discovers to be false, fraudulent, illegal or deceptive and will disqualify any Entrant who tampers with the Entry process, the operation of the Sweepstakes, is otherwise in violation of the Rules or acts in a disruptive or unsportsmanlike manner. Sponsor is not responsible for electronic transmission errors which result in the omission, interruption, deletion, defect, destruction, alteration, and/or delay of any Entry. Sponsor is not responsible for any technical, network, electronic, computer, hardware and/or software malfunction, problem, incompatibility, congestion or failure of any kind. Sponsor reserves the right to cancel, terminate, suspend and/or modify the Sweepstakes at any time, in its sole discretion, if the Sweepstakes is not capable of completion as planned, including without limitation, the lack of Entry submissions, incomplete Entries, computer viruses, bugs, tampering, unauthorized intervention or technical failures of any sort, without notice. Without limiting the foregoing, Sponsor may lock out any Entrant who, in Sponsor’s sole judgment, has been disqualified, has questionable eligibility or is otherwise ineligible to enter. Upon cancellation or termination of the Sweepstakes for any reason, Sponsor shall have no obligation to award prizes or compensation of any kind.
By submitting an Entry and participating in the Sweepstakes, you represent and warrant that (i) your Entry is original and that you are the sole and exclusive owner and rights holder of the submitted Entry, or you have obtained the necessary permission to include the Entry in the Sweepstakes, and that you have the right and authority to submit the Entry in the Sweepstakes; (ii) your Entry does not violate any third party intellectual property or proprietary rights; and (iii) you are otherwise not in violation of any applicable laws, rules and/or regulations.
By submitting an Entry and participating in the Sweepstakes, you agree and hereby grant Sponsor, Sweepstakes Partners (Theragun and TRX Training) and its affiliates permission to use, copy, modify, publish, and/or reproduce your Entry, including but not limited to your name, likeness, voice, image, story and photos, for any purpose, including but not limited to marketing, media, editorial, commercial, advertising, promotional and/or publicity purposes, in any form of media anywhere in the world, without geographic or time limitation or further payment, compensation, notice or approval to you, except where prohibited by law. You also agree to participate in any marketing, media, editorial, commercial, advertising, promotional and/or publicity activity related to the Sweepstakes. You agree to provide affidavits to Sponsor upon request for the purpose of complying with legal and/or broadcaster requirements concerning eligibility or the use of designs and/or testimonials in advertising. As part of the Prize, the Prize Winner may be photographed and/or videotaped and Prize Winner agrees to execute the Sponsor’s standard release form in connection therewith.
- Disputes/Choice of Law: Except where prohibited, each Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or the awarding of the Prize shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in the State of California, (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees, and (3) no punitive, incidental, special, consequential or other damages, including without limitations, lost profits, may be awarded (collectively, “Special Damages”), and (4) Entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. California Law, without reference to choice of law rules, governs the Sweepstakes and all aspects related thereto.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ENTRANT HEREBY AGREES TO INDEMNIFY, RELEASE AND HOLD HARMLESS SPONSOR AND EACH OF ITS RESPECTIVE PARENTS, AFFILIATES, AND SUBSIDIARIES AND EACH OF ITS RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSEES, SUCCESSORS, REPRESENTATIVES AND AGENTS AT ALL TIMES FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, LOSSES, LIABILITIES, DAMAGES, PROCEEDINGS, COSTS (INCLUDING ATTORNEYS’ FEES) AND EXPENSES FOR ANY INJURY, DAMAGE OR LOSS CAUSED OR CLAIMED TO BE CAUSED, BASED UPON, OR ARISING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE OR ANY PART OF THE PRIZE, ENTERING THE SWEEPSTAKES, PARTICIPATION IN THE SWEEPSTAKES, OR PARTICIPATION IN ANY PRIZE RELATED ACTIVITY OR EVENT.
In no event shall Sponsor be liable to a Winner or Entrant for any indirect, incidental, consequential, special or punitive damages of any kind, whether in contract, tort, negligence, strict liability, statutory or any other theory of liability arising from or related to the Sweepstakes, or any aspect of Winner’s or Entrant’s participation in or termination from the Sweepstakes as provided herein, even if Sponsor has been advised of the possibility of such damages. In no event shall Sponsor be liable to a Winner or Entrant for any amount with respect to Winner’s or Entrant’s participation in or disqualification from the Sweepstakes, or from the termination or cancellation of the Sweepstakes. To the extent permitted by law, the rights to litigate, seek injunctive relief or to any other recourse to judicial or any other procedure in case of disputes or claims resulting from or related to the Sweepstakes are hereby excluded, and you expressly waive any and all such rights.
- Liability: Entrant agrees that Sponsor and each of its respective parents, subsidiaries and affiliated companies and all its advertising agencies, as well as Instagram, Inc. (the “Released Parties”), will have no liability whatsoever in connection with this Sweepstakes. By entering the Sweepstakes, Entrant explicitly releases, discharges and holds harmless the Sponsor, and each of its successors and assigns and all its respective shareholders, directors, officers and employees, as well as Instagram, Inc., one and all, from any and all liability, actions, causes of action, damages, actual, incidental or consequential, claims and demands whatsoever in law or equity, including attorneys’ fees and/or experts fees and costs, which he/she now has or may acquire, by reason of any personal injury, death, loss of or damage to property, or any reason, occurring during or arising out of his/her participation in the Sweepstakes and the acceptance and use or misuse of the Prize. The Released Parties are not responsible for any injury or damage to persons or property, which may be cased, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or receipt or use or misuse of the Prize.
- INSTAGRAM DISCLOSURE: You are providing your information to Sponsor and not to Instagram, Inc. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Instagram, Inc. By participating, you hereby release and hold harmless Instagram, Inc. from any and all liability associated with this Sweepstakes.