Terms and conditions
The Giveaway Challenge is sponsored by Tonal Systems Inc., 325 Vermont Street, San Francisco, California 94103. All winners will be determined and notified by email by February 15, 2020. Tonal will have no liability for a winner’s failure to receive notices due to winners’ spam, junk e-mail or other security settings or for winners’ provision of incorrect or otherwise non-functioning contact information. If the selected winner cannot be contacted, is ineligible, fails to claim the prize within 72 hours from the time award notification was sent, or fails to timely return a completed and executed declaration and releases as required, prize may be forfeited and an alternate winner selected.
Any prize not collected will be forfeited. The odds of winning depend on the number of participants and the number of entries submitted. All prizes will be awarded.
The Giveaway Challenge is open to registered Tonal account holders, twenty-one (21) years of age or older, that are residents of the United States. The Challenge runs from January 1, 2020 at 12:01am to January 31, 2020, at 11:59pm Pacific Standard Time. No purchase is necessary to enter.
By participating, you agree to be fully unconditionally bound by these Rules, and you represent and warrant that you meet the eligibility requirements set forth herein. In addition, you agree to accept the decisions of Tonal Systems, Inc., as final and binding as it relates to the Giveaway Challenge. The Giveaway Challenge is subject to all applicable federal, state and local laws.
Participants may enter the Giveaway by sharing a photo they took during a Tonal workout or share their workout summary with the hash tag #TonalGivesBack on their public Instagram® feed, Instagram story, or within the Official Tonal Community forum. The Instagram account must be open to the public. Participants represent and warrant that they have all rights necessary in any images or videos posted to publicly display such content.
Each workout can be entered up to, but no more than, two times (once on Instagram and once in the Tonal Community forum). The more times you share your workouts with the hashtag #TonalGivesBack, the higher your likelihood of winning. Tonal will manually record postings. Tonal will identify the twenty (20) randomly selected winners using number generating software, and one (1) grand prize winner using number generating software.
Tonal will donate $5 to KEEN (Kids Enjoy Exercise Now) for every valid entry that uses #TonalGivesBack up to $5,000.
Swag prizes will be selected by Tonal and have a retail value between $10.00 and $25.00. The retail value of the personal video from a coach of the participants choice is $50.00. The retail value of the grand prize of developing a workout video with the Tonal team is $500. No cash or other prize substitution permitted except at Tonal’s sole and exclusive discretion. Prizes are non-transferable. Any and all prize related expenses, including without limitation any and all federal, state, and/or local taxes shall be the sole responsibility of the winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by winners is permitted. Acceptance of prize constitutes permission for Tonal to use winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AT SPONSOR’S SOLE DISCRETION) WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS WINNER OF THE GIVEAWAY CHALLENGE AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
Tonal reserves the right, in its sole discretion to cancel, terminate, modify or suspend the Challenge Giveaway should (in its sole discretion) a virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Giveaway Challenge. In such case, Tonal may select the recipients from all eligible entries received prior to and/or after (if appropriate) the action taken by Tonal. Tonal reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Giveaway Challenge or website or violates these Rules.
Tonal has the right, in its sole discretion, to maintain the integrity of the Giveaway Challenge, to void entries for any reason, including, but not limited to any attempt by an entrant to deliberately damage any web site, or undermine the legitimate operation of the Giveaway Challenge, or violate any criminal or civil laws, and should such an attempt be made, Tonal reserves the right to seek damages from any such person to the fullest extent permitted by law.
Limitation of Liability: By entering the Giveaway Challenge you agree to release and hold harmless Tonal and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such entrant’s participation in the Giveaway Challenge and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof, (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Giveaway Challenge; (v) electronic or human error which may occur in the administration of the Giveaway Challenge or the processing of entries.
The Giveaway Challenge is governed by the laws of the State of California without regard to its conflict of laws provisions as though entered into between residents of the State of California. As a condition of participating in this Sweepstakes, you agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this Giveaway Challenge, will be resolved individually, without resort to any form of class action, exclusively before a court located in California having jurisdiction. Further, in any such dispute, under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim punitive, incidental, or consequential damages, other than your actual out-of-pocket expenses (i.e. costs associated with entering the Giveaway Challenge), and you further waive all rights to have damages multiplied or increased.
To obtain a copy of the winner’s name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: Tonal 325 Vermont St., San Francisco, California, 94103, USA. Requests must be received no later than March 1st, 2020.
The Giveaway Challenge is not sponsored or endorsed by Instagram. Employees of Tonal Systems, Inc., its advertising agencies and media companies may participate, but are not eligible to collect prizes and their entries will not be counted.