BEAUTIFUL IN YOUR SKIN PROMOTION
Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE IN THIS PROMOTION. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. Void where prohibited by law.
This Promotion is in no way sponsored, endorsed, or administered by, or associated with, Meta Platforms, Inc. (“Meta”).
The potential winners may be required to respond to an initial notification from Sponsor (defined below) within forty-eight (48) hours and may also be required to execute prize acceptance documents and return them within five (5) days from the date of issuance, as more fully detailed below.
By entering this Promotion, you agree to these Official Rules, which are a contract, so read them carefully before entering. Without limitation, this contract includes indemnities to the Sponsor from you, a class-action waiver, a requirement that most disputes be settled by mandatory binding arbitration, and a limitation of your rights and remedies.
- OVERVIEW: Beautiful in Your Skin Promotion (“Promotion”) is sponsored by BowFlex Inc. (“Sponsor”). The Promotion consists of four (4) individual sweepstakes, each with separate entry and end periods and prizing as further described below (each a “Sweepstakes”). Each Sweepstakes will begin approximately on the date/time set out below, when Sponsor posts from its @bowflex account on Instagram or Facebook announcing the Sweepstakes and describing how eligible entrants can participate (each a “Sweepstakes Announcement”).
Instagram Sweepstakes
Start Date/Time
End Date/Time
1
6/07/22 at approx. 12:00 PM Pacific Time (“PT”)
6/09/22 at 12:00:59 PM PT
2
6/14/22 at approx. 12:00 PM PT
6/16/22 at 12:00:59 PM PT
3
6/21/22 at approx. 12:00 PM PT
6/23/22 at 12:00:59 PM PT
Facebook Community Sweepstakes
Start Date/Time
End Date/Time
1
6/07/22 at approx. 12:00 PM PT
6/23/22 at approx. 12:00 PM PT
For each Sweepstakes, the period between the posting of the applicable Sweepstakes Announcement and the end time indicated above is referred to in these Official Rules as the “Sweepstakes Entry Period.” (The period between the posting of the first Sweepstakes Announcement and last of the end of the third Sweepstakes Entry Period on Instagram and the end of the Sweepstakes entry period on Facebook is referred to as the “Promotion Period.”) Eligible participants (see Eligibility requirements, below) may enter each Sweepstakes by completing the Entry Activity (as defined below) on Instagram or Facebook during the applicable Sweepstakes Entry Period. Entry into one Sweepstakes does not constitute entry into any other Sweepstakes and entries will not be carried over into any subsequent Sweepstakes drawing. Following the close of each Sweepstakes Entry Period, one (1) entrant will be selected as the potential winner for that Sweepstakes through a random drawing – for a total of three (4) potential winners over the course of the entire Promotion, as described below.
-
ELIGIBILITY: This Promotion is open only to legal residents of any one (1) of the fifty (50) United States or the District of Columbia (“Territory”) who are at least eighteen (18) years of age and the age of majority in their place of residence. Employees, officers, directors, members, managers, agents, and representatives of Sponsor and its corporate partners, parent companies, divisions, subsidiaries, affiliates, assigns, and successors in interest, advertising, promotion and public-relations agencies, and any other party participating in the development, design, administration, or fulfillment of this Promotion (collectively, along with Meta, the “Released Parties”), and the immediate families (defined as any spouse, partner, parent, legal guardian, sibling, child, legal ward, grandparent, or grandchild, regardless of where they reside) and members of the same household (whether legally related or not) of each such individual, are ineligible to participate or win the prizes in this Promotion. Participation in this Promotion constitutes entrants’ full and unconditional agreement to and acceptance of these Official Rules and the decisions of Sponsor.
-
HOW TO ENTER (Instagram): To receive an entry in any of the Sweepstakes on Instagram, eligible entrants must take the following steps during the Sweepstakes Entry Period for that Sweepstakes (collectively the “Entry Activities”):
-
Become a follower of @bowflex on Instagram, if you are not already.
-
Share the Sweepstakes Announcement post to your story including the hashtag #BeautifulInYourSkin (“Required Tag”) superimposed over the Sweepstakes Announcement using Instagram’s platform functionality.
-
Like the Sweepstakes Announcement.. (Your like on the Sweepstakes Announcement and sharing of the Sweepstakes Announcement to your Stories are collectively referred to in these Official Rules as your “Entry Posts.”) While your share must follow the instructions/address the topic set out in the Sweepstakes Announcement (and fully comply with these Official Rules) to be eligible, the content of your comment will not otherwise affect your chances of winning the Sweepstakes.
HOW TO ENTER (Facebook): To receive an entry in any of the Sweepstakes on Facebook:-
Become a member of the BowFlex Facebook Community group, if you are not already.
-
Like and comment on the Sweepstakes Announcement, responding in your comment to the prompt/instructions set out in the Sweepstakes Announcement. (Your comment on the Sweepstakes Announcement referred to in these Official Rules as your “Entry Posts.”) While your comment must follow the instructions/address the topic set out in the Sweepstakes Announcement (and fully comply with these Official Rules) to be eligible, the content of your comment will not otherwise affect your chances of winning the Sweepstakes.
An eligible entrant who completes all of the required Entry Activities during the Sweepstakes Entry Period (in accordance with these Official Rules and the instructions in the Sweepstakes Announcement) will receive one (1) entry into that Sweepstakes. Limit one (1) entry per person and per Instagram account into each of the three (3) Sweepstakes. An eligible entrant who completes all the required Entry Activities during the Sweepstakes Entry Period (in accordance with these Official Rules and the instructions in the Sweepstakes Announcement) will receive one (1) entry into that Sweepstakes. Limit one (1) entry per person and per Facebook account into the Sweepstakes.
You may have the opportunity to publicly post text or other user-generated content in your Entry Posts (collectively referred to herein as your “Entrant Content”). All Entrant Content you post in connection with this Promotion must comply with the “Submission Requirements” detailed in Section 4 below and otherwise comply with these Official Rules.
As noted above, you must follow Sponsor’s Instagram or Facebook account(s) as a condition of entry. You may discontinue following Sponsor’s account at any time. However, if you discontinue following before award of any prize in a Sweepstakes, you will be deemed ineligible and disqualified. Sponsor is not responsible for misspellings, typographical errors, or other issues that may affect the ability of Sponsor to locate a purported Entry Post. It is each entrant’s responsibility to set his or her account settings on Instagram to ensure that any purported Entry Post is made publicly, to accept contacts by Sponsor, and to timely check his or her account for any comments, @replies, messages, direct posts, or other communications from Sponsor. Sponsor is not responsible for changes to any functionality or policy of Meta (or any website or mobile application offered as part of Instagram or Facebook) that may interfere with the Promotion or ability of an entrant to timely enter or otherwise participate at all.
Attempts made by an individual to submit entries in excess of the above-stated limit by any means – including participation through multiple Instagram or Facebook accounts – are void and persons engaging in such conduct may, in Sponsor’s sole discretion, be disqualified. Entry Activities must be completed and received by Sponsor during the Sweepstakes Entry Period for the applicable Sweepstakes in strict accordance with the instructions and restrictions in these Official Rules. Entry Activities that are not both actually visible and timely received by Sponsor will not be entered into any Sweepstakes. For purposes of this Promotion, Entry Activities are “received” when Instagram/Facebook records the completion of the Entry Activity and it is visible/identifiable to Sponsor. Other proof of submitting or attempting to submit an entry (such as, without limitation, a screenshot of your purported Entry Activities on Instagram/Facebook) does not constitute proof of actual completion of the Entry Activities or receipt of the corresponding entry for purposes of this Promotion. Entry Activities must remain visible to Sponsor throughout the award of the prize in the applicable Sweepstakes (except for the share-to-Stories Entry Post, which may expire in accordance with Instagram’s platform functionality) and Sponsor may, in its sole discretion, disqualify any entrant for whom any Entry Activity is removed or otherwise made invisible to Sponsor prior to such time. Sponsor, in its sole discretion, may accept or disqualify any Entrant whose purported Entry Activity fails to include the Required Tags or, due to a typographical or other error, tags an inoperative Instagram account. Purported Entry Activities that are incorrect or incomplete, received outside the applicable Sweepstakes Entry Period, or contain obscene, offensive, or any other language communicating messages inconsistent with the positive images with which Sponsor wishes to associate itself (all as determined by Sponsor in its sole discretion) will be void. Those who do not abide by these Official Rules or the instructions of Sponsor or its representatives and provide all required information may, in Sponsor’s sole discretion, be disqualified and any entry by such person void. Entries that are fraudulent, forged, altered, incomplete, lost, late, misdirected, mutilated, illegitimate, incomprehensible, garbled, or generated by a macro, bot, or other automated means will not be accepted and will be void. Entries or participation made by you on behalf of any other individual or any entity or group, made by another on your behalf, or originating at any online service other than Instagram/Facebook (including, without limitation, through a commercial promotion subscription, notification, or entering service) will be declared invalid and disqualified for this Promotion. As a condition of entering the Promotion, without limiting any other provision in these Official Rules, each entrant gives consent for Sponsor and its agents to obtain and deliver his or her name, address, and other information and content to third parties for the purpose of administering this Promotion and complying with applicable laws, regulations, and rules, including, without limitation, publishing that information on a publicly available winner’s list. Any entrant whose purported entry activities do not conform to the requirements in these Official Rules may, in Sponsor’s sole discretion, be deemed ineligible.
-
-
-
SUBMISSION REQUIREMENTS: All Entrant Content must meet all of the following requirements, as determined by Sponsor in its sole discretion, or the associated entry may be disqualified. For the purpose of clarity, “Entrant Content” includes any content that you choose to include in your Entry Posts,but does not include (a) any Required Tag or (b) any content included by Sponsor in the Sweepstakes Announcement that you are required to re-post as part of an Entry Activity.
-
If any natural person other than you is depicted, heard, named, or otherwise included in your Entrant Content, you represent that either (a) that person is a legal adult and you have such person’s express permission to include him or her in your Entrant Content and publish that Entrant Content for purposes of participating in this Sweepstakes (and will promptly provide Sponsor with adequate written evidence of such permission upon Sponsor’s request) or (b) that person is a minor and your own child or legal ward and you are capable of granting such permission on that minor’s behalf.
-
Entrant Content must be entirely in the English language
-
All Entrant Content must comply with Instagram/Facebook’s terms, policies, guidelines, and technical specifications.
-
Entrant Content must be original to you (or in the public domain). Do not include any third-party logos, brands, products or trademarks in your Entrant Content. Your Entrant Content must not infringe, misappropriate, or violate any rights of any third party including, without limitation, copyright (including moral rights), trademark, trade secret, or right of privacy or publicity.
-
Your Entrant Content must be suitable for viewing by the general public. No profanity, violence, nudity, or obscene material. Do not include any deceptive, disparaging, defamatory, harassing, or hateful material in your Entrant Content or any virus or harmful code.
-
Your Entrant Content cannot depict or encourage dangerous or illegal activities and must not in any way violate any federal, state, or local law, rule, or regulation.
-
You agree that your participation in the Promotion and agreement to these Official Rules and any Released Party’s display and use of the Entrant Content in accordance with these Official Rules will not violate any agreement to which you are a signatory or party and that no such agreement otherwise limits your ability to participate in this Promotion or grant the rights granted by you in these Official Rules.
-
You agree to indemnify the Released Parties against any and all claims from any third party for any use by any Released Party of the Entrant Content authorized pursuant to these Official Rules.
Sponsor reserves the right in its sole discretion to disqualify you from the Promotion and/or cease or refrain from displaying or publishing any Entrant Content that – as determined by Sponsor in its sole discretion – refers, depicts, or in any way reflects negatively upon a Released Party, the Promotion, or any other person or entity or does not comply with these Submission Requirements or any other requirement of these Official Rules.
-
-
WINNER SELECTION/NOTIFICATION & ODDS OF WINNING: Following the close of each Sweepstakes Entry Period, one (1) potential winner will be selected in a random drawing from among all eligible entries received for that Sweepstakes. The drawing will be held within approximately three (3) business days of the close of the Sweepstakes Entry Period.
Decisions of the Sponsor are final on all matters relating to the Promotion, including interpretation of these Official Rules, acceptance or rejection of purported entries, determination of the winners, and awarding of the prizes. The potential winners will be notified in accordance with the procedures outlined below. Odds of winning depend on the number of eligible entries received for the applicable Sweepstakes.
Within approximately five (5) business days of the drawing, Sponsor or its representative will attempt to notify the potential winner by either (a) posting a public comment on the applicable Sweepstakes Announcement tagging the potential winner’s Instagram/Facebook account and asking that (s)he contact Sponsor by Instagram direct message to begin the prize-claim process, (b) sending a direct message to the potential winners’ Instagram/Facebook account, or (c) both – all as determined by Sponsor in its sole discretion. The potential winners must respond to Sponsor in accordance with the instructions provided in the notification and within forty-eight (48) hours or another time frame as specified in the notification. It is the potential winners’ responsibility to set their account settings on Instagram or Facebook to accept contacts by Sponsor and to timely check their account for any comments, mentions, @replies, messages, or other communications from Sponsor. Failure to timely respond or complete any of the steps set forth in the notification procedures above for any reason, including failure by any potential winner to notice or accept a comment, mention, @reply, direct message or other communication sent by Sponsor, may result in disqualification of such potential winner and selection of an alternate winner.
Potential winners may then be required to complete, sign, and return an Affidavit of Eligibility and Liability/Publicity Release (“Prize Winner Documents”) which may require the potential winner to provide his or her Social Security Number and a copy of a government-issued identification or number therefrom, within the time frame specified and in the form provided by Sponsor, without revision, or prize may be forfeited. The Prize Winner Documents, if applicable, must be received by Sponsor within five (5) days of Sponsor sending the documents to the potential winner or other time frame as stated in the Prize Winner Documents, or prize may be forfeited and an alternate winner may be selected. If any prize, prize notification, or other Sweepstakes-related communication is returned as undeliverable or if a selected potential winner cannot be reached or does not respond as instructed after Sponsor has attempted to notify that potential winner, that selected winner may be disqualified and an alternate winner may be selected (time permitting and in Sponsor’s sole discretion). Sponsor reserves the right to modify the notification procedures in connection with the selection of any alternate potential winner, if any. The Entry Activities, prize claim, and Prize Winner Documents are subject to verification by Sponsor. The prizes, if legitimately claimed, will be awarded. Sponsor will not be obligated to pursue more than three (3) alternate winners (time permitting) for any prize for any reason.
-
PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”): In each of the four (4) Sweepstakes, the one (1) winner will (subject to verification) receive a prize consisting solely of the following:
Sweepstakes One (Instagram): One (1) SelectTech 840 Kettlebell one (1) year membership to Sponsor’s JRNY digital fitness platform. Total ARV of all prizes in Sweepstakes One: $298.00 USD
Sweepstakes Two (Instagram): One (1) SelectTech 552 Dumbbells and a one (1) year membership to Sponsor’s JRNY digital fitness platform. Total ARV of all prizes in Sweepstakes Two: $587.00 USD
Sweepstakes Three (Instagram): One (1) SelectTech 840 Kettlebell and a one (1) year membership to Sponsor’s JRNY digital fitness platform. Total ARV of all prizes in Sweepstakes Three: $298.00 USD
Sweepstakes One (Facebook): One (1) SelectTech 552 Dumbbells and a one (1) year membership to Sponsor’s JRNY digital fitness platform. Total ARV of all prizes in Sweepstakes Two: $587.00 USD
Limit one (1) prize per person for the entire Promotion.
JRNY membership subject to BowFlex Terms of Use available at https://www.bowflex.com/global-assets/legal/terms-of-use.html. Activation of JRNY membership will require winner to provide a credit or debit card and agree to autorenewal of the subscription upon its expiration (as is currently required for all new JRNY members). You can turn off automatic renewal at any time by following the cancellation instructions set out at https://www.bowflex.com/jrny-faq.html. Memberships must be cancelled at least 48 hours before the end of the current membership period to avoid being charged for renewal.
All prize details not specifically stated in these Official Rules (including, without limitation and where applicable, the color, size, make, model, type, specifications or features of a prize) will be determined by Sponsor in its sole discretion. All taxes (federal, state, and local), as well as any costs or expenses associated with prize acceptance and use and not specified in these Official Rules as being provided as part of the prize, are the sole responsibility of each winner. The Released Parties are not responsible for, and the prize winners will not receive the difference between, the actual value of the prize at the time of award and the stated ARV in these Official Rules or in any Sweepstakes-related correspondence or materials. No more than the stated prizes will be awarded. Sponsor will not replace any lost, mutilated, or stolen prizes or prize elements or any prizes that are undeliverable or do not reach the winner because of an incorrect or changed address. If a winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and Sponsor will have no further obligation with respect to that prize or portion of the prize. Sponsor is not responsible for any inability of a winner to accept, claim or use any prize (or portion thereof) for any reason. No transfers, prize substitutions, or cash redemptions will be made, except at Sponsor’s sole discretion. Winners are strictly prohibited from selling, auctioning, trading, or otherwise transferring any part of the prize, except with Sponsor’s permission, which may be granted or withheld for any reason in its sole discretion. Any mailed prize elements will only be mailed or otherwise provided to the verified winner’s address in the Territory, unless Sponsor, in its sole discretion, agrees otherwise. Sponsor reserves the right to substitute any prize or portion thereof with another prize or portion thereof of equal or greater value for any reason, including unavailability of the stated prize. Each entrant waives the right to assert as a cost of winning any prize any and all costs of verification and redemption or travel to claim the prize and any liability and publicity which might arise from claiming or seeking to claim said prize.
Except for any express warranty provided by Sponsor as the manufacturer of a prize component (as indicated in the materials accompanying such product), winners agree that the prizes are provided as-is without any warranty, representation, or guarantee, express or implied, in fact or in law, whether now known or hereinafter enacted, relative to the use or enjoyment of the prize, including, without limitation, its quality, merchantability, or fitness for a particular purpose.
-
GOVERNING LAW / RELEASE / INDEMNITY / LIMITATION OF LIABILITY: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants or the Released Parties in connection with the Promotion will be governed by and construed in accordance with the internal laws of the State of Washington, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws.
Each entrant agrees to release, discharge, hold harmless, and indemnify each of the Released Parties from and against any claims, damages, disabilities, attorneys’ fees, and costs of litigation/arbitration and settlement, as well as any other liability whatsoever, for injuries or damages of any kind sustained in connection with: (i) the Promotion, (ii) the use, acceptance, possession, misuse, or awarding of any prize, or (iii) preparing for, participating in, or traveling to or from any other Promotion-related activity – including, without limitation, any injury, damage, death, loss, or accident to/of person or property.
By entering the Promotion, each entrant agrees that, to the extent permitted by applicable law: (1) any and all disputes, claims, and causes of action arising out of or connected with the Promotion, a Sweepstakes, or any prize will be resolved individually, without resort to any form of class action or class arbitration; (2) any and all claims, judgments, and awards will be limited to actual third-party, out-of-pocket costs incurred (if any) not to exceed ten dollars ($10 US), but in no event will attorneys’ fees be awarded or recoverable; (3) under no circumstances will any entrant be permitted to obtain any award for (and entrant hereby knowingly and expressly waives all rights to seek) punitive, incidental, consequential or special damages, lost profits and/or other damages – other than actual out-of-pocket expenses not to exceed ten dollars ($10 US) – and/or any rights to have damages multiplied or otherwise increased; (4) entrant’s remedies are limited to a claim for money damages (if any) and entrant irrevocably waives any right to seek injunctive or equitable relief (provided that nothing in these Official Rules will restrain a California resident’s right under applicable law (if any) to pursue public injunctive relief in accordance with the dispute-resolution procedures set out below).
-
DISPUTES / ARBITRATION: The parties each agree to finally settle all disputes only through arbitration (including, without limitation, any dispute regarding the application or interpretation of this agreement to arbitrate); provided, however, the Released Parties shall be entitled to seek injunctive or equitable relief in the state and federal courts in Clark County, Washington, and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award are final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Promotion, a Sweepstakes, or prize awarded shall be resolved solely by binding arbitration before a sole arbitrator under the Streamlined Arbitration Rules and Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Portland, OR, Chicago, IL, New York, NY, Atlanta, GA or Dallas, TX (whichever is closest to entrant’s residence), another mutually agreed upon location, or – where required by the rules of the applicable arbitration service – in or around your hometown. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Clark County, WA. Subject to you demonstrating that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the administrative and arbitrator’s fees charged to you by JAMS (or an alternate arbitration service) as the arbitrator deems necessary to prevent the arbitration from being cost prohibitive to you. Either party may, notwithstanding this provision, bring qualifying claims in small-claims court. In no event shall any entrant seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the operation or exploitation of this Promotion or any advertising or other materials issued in connection with the Promotion (provided that nothing in these Official Rules will restrain a California resident’s right under applicable law (if any) to pursue public injunctive relief as otherwise in accordance with this dispute-resolution procedure).
-
ADDITIONAL DISCLAIMERS: The Released Parties are not responsible and/or liable for any of the following, whether caused by a Released Party, an entrant, or by human error: entries that are submitted by illegitimate means (such as, without limitation, by an automated computer program) or entries in excess of any stated limit; any lost, late, incomplete, illegible, unintelligible, garbled, mutilated, or misdirected entry, message, email, mail, or Sweepstakes-related correspondence or materials or postage-due mail; any error, omission, interruption, defect or delay in transmission or communication; viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; errors, typos, or misprints in these Official Rules, any Sweepstakes-related advertisements, or other materials; failures of electronic equipment, computer hardware, or software; lost or unavailable network connections or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications or entry information; or any human or mechanical interference in the administration of this Promotion or the processing of entries. Released Parties are not responsible for electronic communications that are undeliverable or do not reach entrant as a result of any form of active or passive filtering of any kind (including, without limitation messages from Sponsor that are segregated into an “Other” or similar folder or require an entrant to affirmatively accept the message before receipt) or insufficient space in a potential winner’s email or voicemail inbox to receive email or voicemail messages. Released Parties are not responsible, and may disqualify you, if your Instagram or Facebook username, email address or other contact information does not work or is changed without prior written notice to Sponsor. Without limiting any other provision in these Official Rules, the Released Parties are not responsible or liable to any entrant or winner (or any person claiming through such entrant or winner) for failure to supply the prize or any part thereof in the event that any of the Promotion activities or Released Parties’ operations or activities are affected by COVID-19 or any other cause or event beyond the sole and reasonable control of the applicable Released Party (as determined by Sponsor in its sole discretion), including, without limitation, by reason of any acts of God, equipment failure, threatened or actual terrorist acts, air raid, act of public enemy, war (declared or undeclared), civil disturbance, insurrection, riot, epidemic/pandemic (or similar public- health crisis), fire, explosion, earthquake, flood, hurricane, unusually severe weather, blackout, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, any law, rule, regulation, action, order, guidance, or request adopted, taken, or made by any governmental or quasi-governmental entity (whether or not such governmental act proves to be invalid), or any other cause, whether or not specifically mentioned above.
EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER AGAINST THE RELEASED PARTIES. SECTION 1542 READS AS FOLLOWS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
-
GENERAL RULES : By entering the Promotion (except where prohibited by law), each entrant grants the Released Parties the irrevocable, sublicensable, absolute right and permission to use, publish, post or display his or her name, photograph, likeness, voice, prize information, biographical information, Entry Content, any quotes attributable to him or her, and any other indicia of persona (regardless of whether altered, changed, modified, edited, used alone, or used with other material in the Released Parties’ sole discretion) for advertising, trade, promotional, and publicity purposes anywhere worldwide and in any medium now known or hereafter discovered or devised (including, without limitation, online) without any limitation of time, without further obligation or compensation of any kind, and without notice, review, or approval and each entrant releases all Released Parties from any and all liability related thereto. Nothing contained in these Official Rules obligates any Released Party to make use of any of the rights granted herein and winner waives any right to inspect or approve any use made pursuant to the rights granted.
Sponsor’s decisions will be final in all matters relating to this Promotion, including interpretation of these Official Rules, selection of the winners, and awarding of the prizes. All entrants, as a condition of entry, agree to be bound by these Official Rules and the decisions of Sponsor. Entrants further agree to not damage or cause interruption of the Promotion and/or prevent others from participating in or engaging with the Promotion. Sponsor reserves the right to restrict or void entries or other participation from any IP address or other identifiable source if any suspicious entry and/or participation is detected. Sponsor reserves the right, in its sole discretion, to void the entry of any entrant who Sponsor believes has attempted to tamper with or impair the administration, security, fairness, or proper play of this Promotion. Sponsor’s failure or decision not to enforce any provision in these Official Rules will not constitute a waiver of that or any other provision. In the event there is an alleged or actual ambiguity, discrepancy, or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials and/or these Official Rules (including any alleged ambiguity, discrepancy, or inconsistency within these Official Rules), it will be resolved by Sponsor in its sole discretion. Entrants waive any right to claim ambiguity in the Promotion or these Official Rules. If Sponsor determines at any time in its sole discretion that a winner or potential winner is disqualified, ineligible, in violation of these Official Rules, or engaging in behavior that Sponsor deems obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, or harass any other person, Sponsor reserves the right to disqualify that winner or potential winner, even if the disqualified winner or potential winner may have been notified or displayed or announced anywhere. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. No Released Party is responsible or will have any liability for any purported Entry Post or other Entry Activity that is removed from Instagram for any reason at any time, including removal in response to such content being “flagged” or reported as inappropriate. No Released Party is responsible for changes to the Instagram platform or any of the functionality thereof that may interfere with the Promotion or ability of an entrant to participate. If any Sweepstakes (or the entire Promotion) is not capable of running as planned for any reason, Sponsor reserves the right, in its sole discretion, to cancel, modify, or suspend the Sweepstakes (or entire Promotion) and award the prize from eligible, non-suspect entries received prior to cancellation, modification, or suspension or as otherwise deemed fair and appropriate by Sponsor. If any person supplies false information, obtains entries by fraudulent means, or is otherwise determined to be in violation of these Official Rules in an attempt to obtain a prize, Sponsor may disqualify that person and seek damages from him or her and that person may be prosecuted to the full extent of the law. In the event of a dispute concerning the identity of an entrant, the entrant will be declared to be the registered account holder of the email address associated with the Instagram account through which the entry was submitted, but only if that person meets all other eligibility criteria, otherwise the entry may, in Sponsor’s sole discretion, be disqualified and any potential prize won will be forfeited. A registered 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 applicable email address. Any potential winner may be required to provide Sponsor with proof that he or she is the registered account holder of the email address associated with the Instagram account from which the potentially winning entry was submitted. If a dispute cannot be resolved to Sponsor’s satisfaction, the entry will be deemed ineligible. Caution: any attempt to damage any online service or website or undermine the legitimate operation of the Promotion may violate criminal and civil laws. If such an attempt is made, Sponsor may disqualify any entrant making such attempt and may seek damages to the fullest extent permitted by law.
-
PRIVACY POLICY: Any personal information supplied by you to Sponsor in this Promotion will be subject to, and treated in a manner consistent with, Sponsor’s privacy policy posted at https://www.bowflex.com/global-assets/legal/privacy-policy.html.
-
WINNER’S LIST/OFFICIAL RULES : A copy of these Official Rules will be available during the Promotion Period at https://bowflex.com/beautiful.html. To find out who won, send an email with the subject line “Beautiful in Your Skin Promotion – Winners List” to sweepstakes@nautilus.com. Requests for the winners list must be received within six (6) months of the end of the Promotion Period.
-
SPONSOR: BowFlex Inc., 17750 SE 6th Way, Vancouver, WA 98683