NO PURCHASE NECESSARY TO ENTER OR WIN
A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING
Implus Footcare, LLC organizes and sponsors promotions, giveaways, and contests awarding various prizes to participants. The promotions, giveaways, and contests are regulated by Sweepstakes Rules (hereinafter “Rules”). Participation in any of these contests constitutes the Participant’s agreement and acceptance of these Rules. All federal, state, local, municipal laws and regulations apply.
1. ELIGIBILITY AND ENTRY:
The TriggerPoint Best Foam Rolling Face Sweepstakes ("Sweepstakes") is offered to individuals who are legal residents of the 50 United States or the District of Columbia, who are at least 18 years old at the time of entry and who submit a photo of their best foam rolling face on the following website: https://woobox.com/crqzaz (the "Website") or by posting on Facebook, Instagram or Twitter using the hashtag #triggerpointface during the Promotional Period. Employees, officers and directors of Implus Footcare, LLC ("Implus" or "Sponsor"), their respective parent, affiliated and subsidiary companies, advertising and promotional agencies, web masters and web suppliers and persons engaged in the development of Sweepstakes materials (collectively, the "Promotional Entities"), and members of the immediate family (parents, siblings, children and spouse, wherever they reside) or household (whether or not related) of such employees, officers and directors are not eligible. By posting a product review and participating in the Sweepstakes, you agree to these Official Rules and all decisions of Sponsor, which are final and binding in all respects. Void where prohibited.
2. PROMOTIONAL PERIOD:
Sweepstakes begins on April 27, 2021 at 12:01 a.m. Pacific Time (PT) and ends on May 9, 2021, at 11:59:59 p.m. PT (the "Promotional Period"). Sponsor's web server computers are the official clocks for the Sweepstakes.
3. HOW TO ENTER:
No purchase necessary to enter or win the Sweepstakes. Enter online by posting a photo on Facebook, Instagram or Twitter using the hashtag #triggerpointface or by visiting any of the above-mentioned Website, uploading your photo, entering the required information, and hitting submit. There are no limits on the number of images you submit and each submitted image meeting the basic requirements in these rules counts as one entry into the Sweepstakes. Photos deemed inappropriate will be disqualified from the Sweepstakes and removed from the Website, in Sponsor's sole discretion All entries are subject to the terms and conditions applicable to use and posting on the Website. Entries generated by a script, macro, or other automated means are not eligible. For entries using a mobile device, standard data charges may apply from your carrier. Sponsor does not guarantee the public posting of any image and reserves the right, in its sole discretion, to publish or not publish your image for a variety of reasons, including, but not limited to, if it contains any content that infringes upon the rights of any third parties; contains any language or content that is harassing, obscene, libelous, tortious or otherwise unlawful, or that is intended to injure, defame or cause damage or hurt of any kind to any other party; contains gibberish or otherwise makes clear that the photo is not valid; is unrelated to the contest; comments on other retailers or websites; comments on competitive products; or otherwise violates the terms and conditions of the Website.
By submitting a photo, you hereby grant to Sponsor a perpetual, worldwide, irrevocable, non-exclusive, royalty-free license in and to the photo, so that Sponsor has the right to use, not use, display, post, publish, copy, and create derivative works from the review in any and all media, worldwide, without limitation or further obligation to you or any other party. By submitting a photo and entering the Sweepstakes, you confirm and represent that your submission does not violate the intellectual property rights or other rights of any other person or entity. By submitting a photo during the Promotional Period through the Sweepstakes link, you specifically agree to such use.
The grand prize winner will receive one (1) of everything TriggerPoint makes. Odds of winning depend on the number of eligible entries received. Sponsor will not replace lost or stolen prizes. Winner is solely responsible for any federal, state and local taxes on the prize. No cash in lieu of prize. No prize transfer or substitution allowed. Prize will be shipped to winner's mailing address within 4 to 6 weeks following confirmation.
5. SELECTION OF WINNERS:
One (1) winner will be selected in a random drawing from among all eligible entries received held on or about May 10, 2021. Potential winner will be notified via email or social media on May 11, 2021. Potential winner must sign and return a Declaration of Eligibility and Liability/Publicity Release (where legal) and provide a full name and mailing address within seven (7) days following receipt in order to claim prize. If such documents are not returned on a timely basis, or if any notification of prize is returned as non-deliverable, or if a potential winner is found to be ineligible or not in full compliance with these Official Rules, or if a potential winner declines the prize for any reason, then that potential winner will be disqualified and the prize will be forfeited. If forfeiture occurs during the process of confirming a winner and awarding the prize, then Sponsor will select an alternate winner from among remaining eligible entries in order to award the prize up to a maximum of three (3) alternates. If Sponsor is unable to confirm a winner after four (4) attempts, the prize will remain unawarded.
6. GENERAL CONDITIONS:
All participants (a) agree that the Promotional Entities and their respective parents, subsidiaries and affiliated companies, advertising and promotion agencies, and each of their respective officers, directors, employees, representatives and agents will have no liability whatsoever for, and shall be indemnified and held harmless by participants against any and all liability for, any injuries, losses or damages of any kind to person(s), including, without limitation, death, or property resulting in whole or in part, directly or indirectly, from the acceptance, possession, misuse or use of prize (and/or any prize components), or participation in this Sweepstakes or Sweepstakes-related activities and (b) acknowledge that said parties have neither made nor are in any manner responsible for any warranty, representation or guarantee, expressly implied, in law or in fact, relative to the prize (and/or any prize components), including but not limited to, their quality, merchantability or fitness for the intended purpose. Except where prohibited by law, winners grant (and agree to confirm such grant in writing promptly upon request) to Sponsor and those acting under Sponsor's authority the right to the use of their names, photographs, likenesses, voices, images, statements and biographical information for advertising, trade, publicity and promotional purposes without limitation in any media worldwide, including the Internet, without review, notification or approval, or further compensation to the winners, unless prohibited by law.
Sponsor is not responsible for lost, late, incomplete, stolen, misdirected, or illegible entries; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt or jumbled transmissions, service provider/Internet/website/use net accessibility, availability, or traffic congestion, or any technical error, or unauthorized human intervention, or the incorrect or inaccurate capture of entry or other information, or the failure to capture, or loss of, any such information. Sponsor is not responsible for any incorrect or inaccurate information, whether caused by tampering, hacking, or by any of the equipment or programming associated with or utilized in the Sweepstakes and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, or other act or occurrence. The right is reserved by Sponsor at its sole discretion, to disqualify any individual found to be tampering with the entry process, the operation of the Sweepstakes or the product review application, or to be acting in violation of these Official Rules; or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any use of robotic, automatic, macro, programmed or like entry methods is strictly prohibited and will result in the disqualification of any entrant using such methods, in Sponsor's sole discretion. Sponsor is not responsible for injury or damage to participants' or to any other person's computer or mobile device related to or resulting from participating in this Sweepstakes or downloading materials from the Websites or use of the Websites. If the Sweepstakes is not capable of running as planned by reason of, but not limited to, infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which Sponsor, in its sole opinion, deems could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes and conduct random drawings from among all eligible entries received prior to and/or after (as appropriate) the action taken by Sponsor or to otherwise make prizes available to be won in a manner deemed by Sponsor in its sole discretion, to be fair, appropriate and consistent with the spirit of these Official Rules. In case of dispute, entries will be declared made by the authorized account holder of the email address provided in the entry form. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet Access Provider, Online Service Provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. All claimed prizes will be awarded. No more than the advertised number of prizes will be awarded. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of the prizes. These Official Rules are intended solely for the personal use by an individual participant; any other use or reproduction of these Official Rules is prohibited. Sponsor is not responsible for lost, late, stolen, misdirected, mutilated or postage-due mail or deliveries. IN NO EVENT WILL PROMOTIONAL ENTITIES, THEIR RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITE OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE WEBSITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
7. DISPUTE RESOLUTION/CHOICE OF LAW:
Except where prohibited by law, participants agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with these Official Rules or this Sweepstakes (and/or the rights and obligations of Sponsor and/or participant in conjunction therewith) (collectively, "Disputes") shall be resolved individually, without resort to any form of class action; (b) any and all Disputes shall be resolved exclusively in an action in state or federal court in the State of North Carolina; (c) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Sweepstakes but in no event attorneys' fees; (d) under no circumstances will participant be permitted to obtain awards for, and participant 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; and (e) THEY WAIVE AND HEREBY DO WAIVE THEIR RIGHT TO A TRIAL BY JURY IN ANY SUCH ACTION. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or this Sweepstakes (and/or the rights and obligations of Sponsor vis-a-vis participant and participant vis-a-vis Sponsor in conjunction therewith) shall be governed by, and construed in accordance with, the laws of the State of North Carolina without regard for conflicts o flaw/choice of law doctrine of North Carolina or of any other jurisdiction.
8. WINNERS LIST:
For the name of prize winner, mail a self-addressed stamped envelope to: TriggerPoint Best Foam Rolling Face Sweepstakes Winner List, 2001 T.W. Alexander Drive, Box 13925, Durham, North Carolina 27709, between 5/11/21 and 5/21/21. Allow 6-8 weeks following the end of the Sweepstakes for processing request. Requests received outside this period will not be processed.
Implus Footcare, LLC, 2001 T.W. Alexander Drive, Box 13925, Durham, North Carolina 27709 is the Sponsor of this Sweepstakes.