Rules

Tonal Intelligent Home Gym Giveaway

Terms & Conditions

Sponsor:

The Tonal Intelligent Home Gym Giveaway (“The Giveaway”) is sponsored by 1UP Nutrition, LLC ("1UP").

Eligibility:

The Giveaway is open to anyone who is 18 years of age or older who live in the United States. The Giveaway is subject to all federal, state and local laws and regulations and is void where prohibited by law or regulation. Participants agree to abide by the terms of these official rules and by the decisions of 1UP, which are final and binding on all matters pertaining to The Giveaway. 1UP reserves the right to disqualify any participant that it determines, in its sole discretion, is ineligible to participate in the Giveaway.

Summary:

The Giveaway is for ONE FREE Tonal Intelligent Home Gym with delivery valued at $4,385. (See https://www.tonal.com/ for product details.)

Ways to Enter:

In order to enter the Giveaway, contestants may enter as follows:

Every $1 spent on www.1upnutrition.com during the month of October (October 4, 2024 through November 5th, 2024) qualifies as ONE ENTRY.

You may enter for FREE by submitting your email, phone number, or sharing the giveaway with others during the month of (October 4, 2024 through November 5th, 2024). See WAYS to Enter for additional details.

Winner will be chosen randomly. Odds of winning depend on the total number of eligible entries received.

Willer will be announced via social media and contacted via email.

Cost:

There is no cost to enter. No purchase is necessary.

Dates:

All entries must be received between October 4, 2024 and November 5, 2024.

Prizes:

The winner will receive the grand prize of the Tonal Intelligent Home Gym.

Prize must be claimed within seven (7) days.  Prize is not redeemable for cash. Prize is not transferable, and no substitutions are allowed except by 1UP, who reserves the right to award a prize of equal or greater value if the advertised prize is unavailable. Unclaimed prizes will not be awarded. All taxes and other expenses related to any prize are the responsibility of the prize winner.

In the event winner is unable to take delivery of the prize, or is found to be ineligible for any reason, winner will be disqualified, and an alternate winner may be selected. Sponsor reserves the right to provide a prize of equal or greater value (where lawful), at its sole discretion. Prize cannot be substituted, assigned, transferred or redeemed for cash; however, Sponsor reserves the right to make equivalent prize substitutions at Sponsor’s discretion. Sponsor is not responsible for any delay or cancellation of the prize delivery due to unforeseen circumstances or those outside of Sponsor’s control. If the fulfilling merchant cancels the order for reasons out of Sponsor’s control, and the prize cannot be delivered, no additional compensation will be provided or, if a substitute prize is provided, the difference in value between the substitute prize and the advertised prize will not be provided in cash. Prize winner bears all risk of loss, damage or theft to their prize and/or their prize check is cased without permission after obtaining ownership and Sponsor will not replace it. Prize cannot be used in conjunction with any other promotion or offer.

Publicity Release:

Except where prohibited by law, acceptance of a prize constitutes permission and grant by winner (which grant will be confirmed in writing on request) of the right and permission for Sponsor to print, publish, broadcast and use worldwide in any media now known or hereafter developed, including, but not limited to, the world wide web, at any times or times, winner’s name and/or likeness, entry, picture, voice, likeness, opinions and biographical information (including, but not limited to, hometown and state), prize information, quotes attributable to winner, and any other elements of winner’s persona for advertising, trade and promotional purposes (including the announcement of their name on television or radio broadcast), for purposes of advertising and trade without further consideration, compensation, permission or notification, publication in a winners list or in a list to be used by sponsor and its designees and its partners to re-target entrants via email or any sponsor app.

By accepting a prize, winner understands and agrees that he/she may be videotaped, recorded and/or photographed as part of a prize award ceremony. Rights to any prize ceremony video, audio and/or photo belong solely to the Sponsor and can be used in any media throughout the world in perpetuity and in any manner at Sponsor’s sole discretion, without further review, notice, approval, consideration, or compensation to the winner or any third party.

General Disclaimer & Waiver:

This information provided by Sponsor is for informational and entertainment purposes only and is not intended as medical advice nor is it a substitute for professional advice, diagnosis, or treatment of any disease or condition. Consult your physician or health care practitioner before beginning any nutrition, supplementation or exercise program.  1UP does not assume any liability for the information provided in the Giveaway.  Any application of the recommendations or use of the information is at your discretion and sole risk, and you specifically waive any right to make any claim against Sponsor, its officers, directors, employees, agents or representatives.

Furthermore, entrants waive any claim as to injuries incurred due to the use of the Tonal Intelligent Home Gym. Entrants also accept all risks of injury or damage of whatever kind which might arise in any manner whatsoever, directly or indirectly, relating to entrants’ participation in the Giveaway. Entrants waive and hold 1UP, its employees, agents, affiliates and representatives harmless of any and all claims, including those of negligence, injury, illness, adverse health outcomes, or even death.

General Conditions/Restrictions:

1UP reserves the right to cancel, suspend, and/or modify The Giveaway and/or extend or delay the submission periods, judging periods, winner announcements, prize awards, or any part of thereof for any reason.

Limitation of Liability:

If for any reason The Giveaway is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes corrupt or affect the administration, security, fairness, integrity, or proper conduct of The Giveaway, 1UP reserves the right, in its sole discretion, to disqualify any individual who tampers with The Giveaway, and to cancel, terminate, modify or suspend The Giveaway. 1UP assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. 1UP is not responsible for problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers' computer equipment, software, failure of any e-mail to be received by 1UP on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to participant's or any other person's computer related to or resulting from participation or downloading any materials in this Contest.

CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, ADMINISTRATOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW.

Release and Indemnity:

By participating in The Giveaway, each participant agrees to release and hold 1UP harmless from any and all losses, damages, rights, claims and actions of any kind in connection with or resulting from participation in The Giveaway and/or acceptance, possession, or use of any prize(s) including, without limitation, personal injuries, death, property damages and any claims by third parties or otherwise based on publicity rights, defamation, or invasion of privacy. Entrants acknowledge that 1UP is not responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize.

Disclaimer of Warranties:

IN NO EVENT WILL 1UP, AND/OR ITS PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE 1UP SITE AND/OR THE GIVEAWAY. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE GIVEAWAY AND THE 1UP SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.