Year in Review 2023 Giveaway Rules

Tonal Year-in-Review 2023 Giveaway

Official Rules 


The “Tonal Year-in-Review 2023 Giveaway” (the “Promotion”) is sponsored and administered by Tonal Systems, Inc., 617 Bryant St., San Francisco, California 94107 (“Sponsor” or “Tonal”). The Promotion is governed by these Official Rules (the “Rules”), which are binding and final on all matters relating to the Promotion, except as expressly stated otherwise. In the event of any conflict between any Promotion details contained in these Rules and Promotion details in advertising or promotional media, the details of the Promotion as set forth in these Rules shall prevail. This Promotion is in no way sponsored, endorsed or administered by, or associated with Meta Platforms, Inc. (“Instagram”) or its parent, subsidiary and affiliate companies.

  1. Promotion Details. The “Entry Period” begins at 7:01 a.m. Pacific Daylight Time (“PDT”) on December 6, 2023 and ends at 11:59 p.m. PDT on December 13, 2023.
  1. Eligibility. Entry to the Promotion is open only to natural persons who are (i) registered Instagram account holders with a public account, (ii) twenty-one (21) years of age or older, and (iii) residents of the United States and the District of Columbia. Employees of Tonal, Tonal’s advertising agencies and media companies may participate, but are not eligible to collect prizes. Tonal, in its sole discretion, shall determine the eligibility of participants. The Promotion is subject to all federal, state, and local laws and regulations. All Instagram Terms of Use  apply ( Entering the promotion is contingent upon fulfilling all requirements set forth herein. Private accounts will not be able to submit an Eligible Entry as defined below. 
  1. How to Enter. No purchase is necessary to enter. During the Entry Period, eligible participants may enter the Promotion by completing an Instagram Entry, as defined below (an “Instagram Entry”) or by entering via the alternative method of entry described below (an “AMOE Entry”), (each, an “Eligible Entry”). Entry to the Promotion is limited to one (1) Eligible Entry per eligible participant made during the Entry Period. Entries in excess of the maximum number will be disqualified.  
  1. Instagram Entry. Participants must (i) log into their Instagram account; (ii) post to Instagram a post or story featuring a screenshot of Participant’s Tonal account that shows Participant’s Tonal 2023 “Year in Review” trainer usage summary, along with the hashtag #tonalyearinreview and a message about the summary; and (iii) tag @tonal. Participants that complete the entry by 11:59 p.m. PDT on December 13, 2023 will be entered into the Promotion. 
  2. Alternative Method of Entry (“AMOE Entry”): As an alternative to the Tonal trainer “Year in Review” screenshot method of entry, eligible entrants may (i) log into their Instagram account; (ii) post to Instagram a post or story featuring a “Year in Review” message reflecting on entrant’s fitness journey throughout the past year, 2023, along with the hashtag #myfitnessyearinreview2023; and (iii) tag @tonal. Participants that complete the entry by 11:59 p.m. PDT on December 13, 2023 will be entered into the Promotion. 
  3. Each Instagram Entry and AMOE Entry is an “Entry” and each eligible participant who makes an Entry, an “Entrant.” Entrants are limited to one method of Entry; Entrants may not enter the Promotion with both an AMOE Entry and an Instagram Entry. An Entrant who tries to use both methods will be disqualified from participating in the Promotion.

4. Winners Selection & Notification. On or about December 15, 2023, a total of eighty (80) winners will be chosen at random from all Eligible Entries, and the selected Eligible Entries shall be qualified as a “Winner.” The odds of winning depend on the number of participants and the number of entries submitted, excluding those disqualified. All prizes will be awarded. All Winners will be notified by Instagram Direct Message within three (3) business days of the selection date. Any prize not collected will be forfeited. If the selected winner cannot be contacted, is ineligible, fails to claim the prize within 24 hours from the time award notification was sent, or fails to timely provide information required for prize fulfillment, the prize may be forfeited and an alternate winner selected. 

5. Prize(s). Eighty (80) prizes are available: one (1) black adult-size adjustable baseball cap with a Tonal logo, with an approximate retail value (the “ARV”) of US$25.00, excluding applicable taxes. 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. 

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 as final and binding as such decisions relate to the Promotion. The Promotion is subject to all applicable federal, state and local laws.


Tonal reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Promotion should (as determined by it 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 Promotion. 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, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Promotion or website or violates these Rules. Tonal has the right, in its sole discretion, to maintain the integrity of the Promotion, 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 Promotion, 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. Entries that would otherwise be Eligible Entries will be disqualified if the entry is, in Tonal’s reasonable opinion, slanderous, defamatory, harmful, threatening, obscene, sexually explicit, harassing, promotes violence, promotes discrimination (whether based on sex, religion, race, ethnicity, nationality, disability or age), promotes illegal activities (such as gambling), contains profanity, infringes the rights of a third party, is in poor taste, violates Instagram’s Terms of Use or is otherwise objectionable. Tonal will have no liability for a winner’s failure to receive notices due to winners’ spam, junk inbox or other security settings or for winners’ provision of incorrect or otherwise non-functioning contact information. 

Limitation on Liability. By entering the Promotion you agree to release and hold harmless Instagram and Tonal and each of 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 Promotion 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 Promotion; and (v) electronic or human error which may occur in the administration of the Promotion or the processing of entries.

By entering the Promotion, entrants acknowledge and agree that all Entries become the sole and exclusive property of Tonal and will not be acknowledged or returned. Any personal information collected by Tonal will be used for the administration of the Promotion and in accordance with Tonal’s Privacy Policy The Promotion 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 Promotion, 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 Promotion, 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 Promotion), and you further waive all rights to have damages multiplied or increased.

To obtain a copy of the winners’ names or a copy of these Rules, mail your request along with a stamped, self-addressed envelope to: Tonal ℅ Administrator of the Tonal Year-in-Review 2023 Giveaway at 617 Bryant St., San Francisco, CA 94107, USA. Requests must be received no later than December 20, 2023.