The EXOS 20th Anniversary Sweepstakes
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE CHANCES OF WINNING.
1. Eligibility: The EXOS 20th Anniversary Sweepstakes (“Sweepstakes”) is open only to legal residents of the United States, who are of the age of majority in their jurisdiction of residence unless otherwise prohibited by law in the jurisdiction where Entrant (defined below) resides. Entrants must also have a valid Instagram account in good standing by Instagram’s determination. The Sweepstakes is not open to the following persons: employees, directors, agents, independent contractors or representatives of Athletes’ Performance, Inc. (“Sponsor”), the subsidiaries and affiliates of the Sponsor; employees, agents or representatives of vendors providing prizes or other materials or services in connection with this Sweepstakes (collectively, the “Excluded Individuals”); immediate family members (parent, child, sibling and spouses of each) of the Excluded Individuals; and any other persons residing in the same household as any Excluded Individual. All applicable federal, state and local laws apply. By participating, Entrant agrees to be bound by these Official Rules (“Rules”)
2. Sweepstakes Period: June 5, 2019 at 09:00:01 a.m. Eastern Time (“ET”) through June 7, 2019, at 04:00:00m. ET (the “Sweepstakes Period”).
3. How To Enter: There are three (3) ways to enter the Sweepstakes. Each person participating in the Sweepstakes (each an “Entrant”) must complete all requirements for one of the methods of entry to receive the specified available number of entries in the Sweepstakes.
A. Entry Method 1: Follow and Comment on Team EXOS’ June 5, 2019, Instagram post (1 entry)
+Follow @team_exos on Instagram.
+Comment on Team EXOS’ June 5, 2019 Instagram post celebrating Team EXOS’ 20th anniversary (“Anniversary Post”) including where Entrant is participating in Team EXOS’ anniversary workout (“Workout”).
+Tag someone Entrant would like to join the Workout, subject to the eligibility requirements above.
+Tag @team_exos in the post.
B. Entry Method 2: Tag up to 5 friends in another comment to the Anniversary Post (1 entry per tagged friend).
+Complete Entry Method 1 described above.
+Post another comment on the Anniversary Post.
+Tag another friend Entrant would like to join the Workout.
+Tag @team_exos in the post.
C. Entry Method 3: Post the Anniversary Post to Entrant’s Instagram Story (1 entry)
+Post the Anniversary Post to Entrant’s Instagram Story.
+User profile must be set to public.
+Tag @team_exos in the post.
The Sweepstakes is limited to seven (7) total entries per person. Individual entry method limited as noted above. Any attempt to enter more than the permitted number of times with multiple identities, accounts, email addresses, or by any other means, may result in disqualification. Use of any macro, bot, script or other automated means to submit entries is prohibited. Proof of transmission is not proof of receipt. Sponsor’s database computer is the official timekeeping device for the Sweepstakes. Each entry will be deemed submitted by the authorized account holder of the Instagram user handle associated with the entry. The “authorized account holder” of an Instagram user handle is defined as the natural person to whom an Instagram account is assigned by the internet service provider, online service provider, or other organization that is responsible for assigning Instagram user accounts.
4. Selection of Winner: Two (2) winners (each a “Winner”) will be selected in a random drawing to be held on or about June 7, 2019 from among all eligible entries received during the Sweepstakes Period. Potential Winner will be notified via Instagram post and via an Instagram “Direct Message” using the account supplied at time of entry. Sponsor’s decisions are final and binding in all matters relating to this Sweepstakes. No liability is assumed for any potential Winner notification that is lost, intercepted or not received by a potential Winner for any reason. Failure to respond to any potential Winner notification within seven (7) business days may result in disqualification and selection of an alternate Winner. Potential Winner may be required to sign an affidavit of eligibility, a liability release, and a publicity release. Failure to comply when requested may result in disqualification and selection of an alternate winner. If any potential Winner is found to be ineligible, or if he or she has not complied with these Rules or declines a prize for any reason prior to award, such potential Winner will be disqualified and an alternate Winner may be selected. Sponsor reserves the right to require proof of identification, age, eligibility, and acceptance of these Rules from any potential Winner prior to awarding a prize.
5. Prize/Odds: Each Winner will receive one (1) “SWAG Bag” package which includes the following:
+Ultimate Team Backpack – Black (approximate retail value (“ARV”) $65)
+EXOS 20th Anniversary Hang Tag (ARV: $15)
+$150 Adidas gift card (additional terms and conditions may apply) (ARV: $150)
+EXOS 20th Anniversary T-Shirt (ARV: $25)
+Onnit Total Human, Complete Supplement Packs, Day & Night Support (ARV: $120)
+SKILZ Mini Band, MULTI-RESISTANCE TRAINING 3-BAND SET (ARV: $20)
+Hyperice Hypersphere, 3 Speed Hi-intensity Vibrating Massage Ball (ARV: $150)
+2″ BLACK ROCKTAPE PRE-CUT (ARV: $20)
Total ARV of each Prize: $569. Total ARV of all prizes: $1,138. Odds of winning depend on the number of eligible entries received during the Sweepstakes Period.
Prize is awarded “as is” with no warranty or guaranty, either express or implied by Sponsor. Winner is responsible for any and all federal, state and local taxes and all other expenses or costs relating to the prize not expressly set forth above. Prize is non-transferable and no substitution by Winner or cash equivalent is allowed. Sponsor reserves the right to substitute prize or any component thereof for something of equal or greater value in the event the advertised prize becomes unavailable. Any difference between advertised and actual values will not be awarded.
6. Additional Rules: Entry materials/data that have been tampered with or altered are void. No responsibility is assumed for: (i) lost, late, misdirected, damaged, garbled, incomplete or illegible entries, all of which are void; (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, mobile device, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems; or (iii) any injury or damage to Entrant’s or any other person’s mobile device related to or resulting from participating in the Sweepstakes.
By participating, Entrant agrees (i) to be bound by these Rules, including all eligibility requirements, and (ii) to be bound by the decisions of the Sponsor, which are final and binding in all matters relating to the Sweepstakes. Failure to comply with these Rules may result in disqualification from the Sweepstakes. Sponsor reserves the right to permanently disqualify from any Sweepstakes it sponsors any person it believes has intentionally violated these Rules. Entry constitutes consent to the use of Winner’s name, voice, picture, and/or likeness, in any and all media without restriction of any kind whatsoever, without compensation for promotion purposes to the extent allowed by law.
Entrants who tamper with or abuse any aspect of the Sweepstakes or any website, as solely determined by the Sponsor, will be disqualified, and Sponsor reserves the right to terminate such Entrant’s eligibility. Should any portion of the Sweepstakes be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Sweepstakes, and, in Sponsor’s sole discretion, select Winners from entries received prior to action taken or as otherwise deemed fair and appropriate by Sponsor. Released Parties (defined below) are not responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes, and assumes no responsibility for any error, interruption, deletion, defect, delay in operation, or transmission, communications line failure, technical failure, theft or destruction, or unauthorized use of any technology used in connection with this Sweepstakes.
All questions and disputes regarding the Sweepstakes, including, without limitation, all questions or disputes regarding an individual’s eligibility for the Sweepstakes or compliance with these Rules will be resolved by the Sponsor in its sole discretion. No correspondence will be entered into except with a Winner.
These Rules constitute a complete and binding agreement between the Sponsor and an Entrant. To the extent that any provision of these Rules are deemed invalid, the remainder of the Rules shall remain in force.
7. Release of Liability: By participating, Entrant releases Instagram; Sponsor and its parent companies, subsidiaries, affiliates and partners; each of the foregoing respective employees, directors, agents, and advertising agencies; and all others associated with the development and execution of this Sweepstakes (“Released Parties”) from any and against any and all injury, loss or damage caused or claimed to be caused by Entrant’s participation in the Sweepstakes and/or the acceptance, awarding, receipt, use and/or misuse of the prize, and Entrant agrees that the Released Parties are not responsible for any warranty, representation, or guarantee, expressed or implied, in fact or in law, relating to the Sweepstakes and/or the awarding of any prize except as expressly provided in these Rules. Released Parties will have no liability whatsoever for failure to supply a prize or any part thereof, by reason of any acts of God, any severe weather, hurricane, flood, fire, war, transportation interruption of any kind, or any other cause beyond their control. By participating, Entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or in connection with the Sweepstakes, or any prizes awarded, shall be resolved individually without resort to any form of class action; (b) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorney’s fees; (c) under no circumstances will any Entrant be permitted to obtain any award for, and Entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses; and (d) these Rules and all disputes shall be governed by the internal laws of the state of Arizona, without regard to principles of conflicts of laws, any disputes shall be resolved exclusively in the state or federal courts in Maricopa County in the state of Arizona, and Entrant expressly consents to the jurisdiction of said courts and waive any objection thereto. For New Jersey residents, the limitations set forth above are inapplicable where attorneys’ fees, court costs, or other damages are mandated by statute.
9. Winner List: For the Winners’ names, available approximately two weeks after the Sweepstakes Period, send a self-addressed stamped envelope to Athletes’ Performance, Inc., Attn Marketing Team, 2629 E Rose Garden Ln, Phoenix, AZ 85050. All requests must be received no later than August 1, 2019.
10. Sponsor: Sweepstakes is sponsored by Athletes’ Performance, Inc., 2629 E Rose Garden Ln, Phoenix, AZ 85050, and is in no way sponsored, endorsed or administered by, or associated with Instagram.