NASM/ Hyperice Wellness Giveaway Contest

OFFICIAL RULES

NO PURCHASE NECESSARY OR PAYMENT OF MONEY NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF
ANY KIND WILL NOT IMPROVE YOUR CHANCES OF WINNING.

Void wherever prohibited or restricted by law.

1. Sponsor. Assessment Technologies Institute, LLC d.b.a. National Academy of Sports Medicine (“NASM®”) and Hyperice (“Co-Sponsor”) are the “Sponsors” of this Contest.
   
   
2. Eligibility. The Wellness Giveaway Contest (the “Contest”) is open only to those individuals (a) who are legal residents of the fifty United States and Washington, DC, (b) who are eighteen (18) years of age or older at the time of entry; and (c) who meet the entrant qualifications. The Contest is subject to all U.S. federal, state, and local laws and regulations and is void where prohibited by law. Participation in the Contest is voluntary. Officers, directors, shareholders, members, managers, partners, employees, agents, and representatives of Sponsor and each of its parent companies, subsidiaries, affiliates, and their promotion agencies, as well as members of their immediate families (parents, siblings, children and spouses, regardless of where they live), and those persons living in the same household with such persons, whether related or not, are ineligible to enter or win.
   
   
3. Contest; Contest Period. The Contest consists of the award to one (1) winner. Each winner will receive: a Hyperice CORE premium & Hyperice Hypervolt 2 Pro, and access to NASM’s Certified Wellness Coach Certification course total approximate retail value (“ARV”) of each Prize is approximately $7,148 (U.S.) (the “Prize”). Each Sponsor reserves the right to provide substitute, comparable items should it deem necessary, such substitutions shall be of comparable value. The Contest begins at 12:00:00 a.m. Pacific Time (PT) on February 9, 2022 and ends at 11:59:59 p.m. Pacific Time (PT) on February 11, 2022 (the "Contest Period"). The Contest Period may be extended at the discretion of NASM.
   
   
4. How to Enter. To enter, access NASM’s website at here, during the Contest Period and complete the entry form (“Entry’).
   
   
5. Entries. Limit is one (1) Entry per person. Incomplete and/or multiple Entries from the same person will be disqualified. Third party entry and/or entry through a sweepstakes service is not permitted. All entries become the sole property of the Sponsors and no entry will be acknowledged or returned. In the event of a dispute regarding who submitted any entry, the entry will be deemed submitted by the person who owns the email [and/or social media] account on the Entry, as long as such person is otherwise eligible in accordance with these Official Rules. The Sponsors reserves the right in their sole and unfettered discretion to disqualify any entry that they believe contains obscene, offensive or inappropriate content, that does not comply with these Official Rules, the policies of NASM or the Co-Sponsor or that is not consistent with the spirit or theme of the contest. The decision of the Sponsor is final and binding on all matters relating to the Contest.
   
   
6. Random Drawing and Awarding of Prizes. There will be one random drawing selecting one winner. On or about February 12, 2022 (the “Drawing Date”), the Sponsors will select the name of one (1) potential winner for the Prize in a random drawing from among the total number of all eligible entries received. The potential winner will be notified by email within approximately (7) business days following the Drawing Date (the “Notification”). If any prize Notification or attempted notification is undeliverable, the Prize will be forfeited and may be awarded to an alternate potential winner as described below. The Sponsors are not responsible or liable for lost, misdirected, or unsuccessful efforts to notify winners. In order to receive the Prize each winner must reply to the Notification by email and advise NASM of the address to which the Prize should be sent. If any winner does not reply to such Notification within five (5) business days of the date the Notification was sent, such winner will be disqualified and an alternate winner will be selected. The Sponsors’ decisions will be final in all matters relating to this Contest. All prize claims are subject to verification by the Sponsors. The Notification will include information about how to claim the Prize and includes an Affidavit of Eligibility/Liability Release, as allowed by state law, which must be completed, signed and returned by email within fourteen (14) days from date of the Notification or the winner will forfeit the Prize. Instructions on how to access online programs included in the Prize, if any, will be provided to the winners within one week (seven days) of the Sponsors’ receipt of the foregoing documents. By accepting the Prize, each winner acknowledges compliance with these Official Rules.
   
   
7. Prize Redemption. All costs and expenses, except for those covered by the prize as set forth in paragraph 3, above, are solely the responsibility of each prize winner. The winner is solely responsible for all federal, state, and local taxes and other fees associated with the receipt or use of his/her prize. Each winner will be issued a Form 1099 in the amount of the actual retail value of the prize, if and as required by law. Prizes may not be redeemed for cash; nor may they be transferred, assigned or substituted.
   
   
8. Promotion. Except where prohibited by law, acceptance of a prize constitutes a winner’s consent to print, publish, broadcast and use worldwide in any media now known or hereinafter known (including without limitation use online on websites) his/her name, likeness, biographical information, voice, statements, photograph or other likeness without further notification or compensation for advertising, promotional and publicity purposes by each Sponsor, using media of such Sponsor’s choice. In the case of any dispute, the matter will be decided by the Sponsors in the exercise of their discretion.
   
   
9. Use of Data. By participating in the Contest, entrants hereby agree to the collection and usage of their personal information by each Sponsor as described herein and in the Privacy Policy posted on each Sponsor’s website and agree to the terms and conditions set forth in each Sponsor’s Privacy Policy. All Entries will be shared with the Co-Sponsor and by submitting an Entry you agree to the release of your Entry and all information you provide in the Entry to the Co-Sponsor and Co-Sponsor’s use of such information, provided that such use conforms to the terms and conditions of the Co-Sponsor’s Privacy Policy. NASM is not responsible for the use, maintenance or security of personal information provided to a Co-Sponsor pursuant to these Official Rules.
   
   
10. Disqualification; Discontinuation of Contest. Persons found tampering with or abusing any aspect of this Contest, acting in violation of these Official Rules, attempting to interfere with the proper play of this Contest or to be otherwise behaving in an unsportsmanlike manner, as solely determined by the Sponsors, by unauthorized human intervention or other causes, which corrupts the administration, security, fairness or intended proper play of the Contest, the Sponsors reserve the right, in their sole discretion, to discontinue, suspend, terminate or modify the Contest and to proceed in a manner they deem fair and reasonable, including the selection of a potential winner in a random drawing from among eligible entries received prior to any such discontinuation, suspension, termination or modification.
    
    
11. Release. By participating in the Contest, each entrant releases and agrees to indemnify and hold harmless each Sponsor, its parent, subsidiaries, and affiliated companies, third-parties engaged to manage the Contest and prize suppliers, and each of their respective officers, directors, agents, representatives and employees, as well as each of their respective successors and assigns (“Released Parties”) from and against any and all liability, costs, claims, damages (including, without limitation, any special, incidental or consequential damages), or any other injury that may be sustained in connection with accessing the website, submitting an entry or otherwise participating in any aspect of the Contest, the receipt, ownership or use of any Prize awarded, or while preparing for, participating in, or traveling to or from any Prize-related activity or any typographical or other error in this official rules or the announcement of offering of any Prize. The Released Parties makes no representations or warranties of any kind concerning the appearance, safety or performance of any Prize nor is a Sponsor jointly or severally liable for damages caused by the other Sponsor, its products or services or any malfeasance, negligence, errors or omissions, or statements or claims of such other Sponsor. To the extent permitted by law, the winner(s) shall bear all risk of loss or damage to tor concerning the Prize after it has been delivered.
    
    
12. Limitation of Liability; Disclaimer. The Released Parties are not responsible for any condition caused by events beyond its control that may cause the Contest to be disrupted or corrupted, including without limitation illegible, unintelligible, late, lost, damaged, incomplete, misdirected or stolen entries; for incorrect or inaccurate entry information; or for any typographical, technical or human errors whether due to technical or computer malfunctions, human error, lost/delayed/garbled data or transmissions, omission, interruption, deletion, defect, or which may otherwise occur in the transmission of processing of any entries in this Contest. The Released Parties are not responsible for technical or computer malfunctions of any kind, failures of any telephone computer line or network, computer equipment, software, or any combination thereof. Each Sponsor disclaims any liability cased by the other Sponsor, its products or services or any malfeasance, negligence errors or omissions, or statements or claims of such other Sponsor. IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF EFFORTS TO CREATE OR SUBMIT THE ENTRY OR WITH RESPECT TO ENTRANT’S PARTICIPATION IN THE PROMOTION OR ACCEPTANCE, POSSESSION OR USE OF THE PRIZE. WITHOUT LIMITING THE FOREGOING, THE PRIZE(S) AND CONTEST IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
    
    
13. General. By entering the Contest, each entrant agrees to be bound by these Official Rules. Any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any Prize awarded shall be resolved individually and without resort to class action, in the appropriate courts in the State of Arizona exclusively. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or a party's rights and obligations, shall be governed by, and construed in accordance with, the laws of the State of Arizona, without giving effect to any choice of law or conflict of law rules of any other jurisdiction. All federal, state and local laws and regulations apply. Void where prohibited or restricted by law.
    
    
14. Winners List. To request a copy of a list of all winners, send a #10 self-addressed, stamped envelope to NASM, 355 E. Germann Road, Suite 201, Gilbert, AZ 85297. Requests must be received on or before the date which is sixty (60) days after completion of the Contest Period.