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NASM/Hyperice Wellness Giveaway
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®”). Hyperice is a Prize Sponsor of this Giveaway.
  2. Eligibility. The NASM/Hyperice Wellness Giveaway (the “Giveaway”) is open only to those individuals (a) who are legal residents of the lower 48 contiguous 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 Giveaway is subject to all U.S. federal, state, and local laws and regulations and is void where prohibited by law. Participation in the Giveaway is voluntary. Officers, directors, shareholders, members, managers, partners, employees, agents, and representatives of Sponsor and Prize Sponsor and each of their 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. Giveaway. There are three prize levels.
    1. One (1) winner selected randomly from the entries that include a qualified video will win the Grand Prize. The Grand Prize winner will receive: one (1) NASM Certified Wellness Coaching program (approximate retail value (ARV”) of $6499 value), one (1) Hyperice Core Meditation Trainer (ARV of $199 value) and one (1) Hyperice Venom Go Heat Spot Treatment (ARV of $149 value) (the “Grand Prize”).
    2. Additionally, three (3) winners selected randomly from all entries (video not required) will win Second Prizes. The Second Prize winners will each receive: one (1) HyperIce Core Meditation Trainer (ARV of $199 value), and one (1) HyperIce Venom Go Heat Spot Treatment (ARV of $149 value). The Grand Prize winner is excluded from the drawing for Second Prizes.
    3. Everyone is a Winner! Each person who submits a qualified Entry and meets the eligibility requirements will receive (i) a free 60-day access to Hyperice Core Meditation App and (ii) a $600 discount code good towards purchase of NASM Certified Wellness Coach program (“Everyone Wins Prize”).
    4. Giveaway Period. NASM reserves the right to provide substitute, comparable items should it deem necessary, such substitutions shall be of comparable value for any Prize offered by this Giveaway. The Giveaway begins at 12:00:00 a.m. Mountain Standard Time (MST) on December 1, 2022 and ends at 11:59:59 p.m. MST on December 15, 2022 (the "Giveaway Period"). The Giveaway Period may be extended at the discretion of NASM.
  4. How to Enter. To enter, access NASM’s website at https://trainer.nasm.org/what-does-wellness-mean-to-you during the Giveaway Period and complete the entry form (“Basic Entry”, eligible for Second Prizes and the Everyone Wins Prize). To be eligible for the Grand Prize you must also create and post on your social media page a video answering the question of "What Does Wellness Mean to Me?” (“Prize Entry”). In order for an Entry to be an “eligible Entry” it must be submitted within the Giveaway Period and comply with the rules set forth in Section 5, below. In order for a video to be a “qualified video”, the video (i) must answer the “What Does Wellness Mean to Me” question, comply with the rules set forth in Section 5, below, and (ii) be posted on your personal social media page using #NASMHypericeWellness and tagged with @nasm_fitness and @hyperice, within the Giveaway Period. For the purpose of clarity, in order to participate in the Grand Prize contest you must complete submit an eligible Entry and post a qualified Video within the Giveaway Period.
  5. Entries. Limit is one (1) Basic Entry or one (1) Grand Prize 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, including all videos posted for participation in the Giveaway, become the sole property of Sponsor 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. Sponsor reserves the right in its sole and unfettered discretion to disqualify any Entry that it believes contains obscene, offensive or inappropriate content, that does not comply with these Official Rules, the policies of NASM, that infringes the intellectual property rights of another party, or that is not consistent with the spirit or theme of the Giveaway. The decision of the Sponsor is final and binding on all matters relating to the Giveaway.
  6. Random Drawing and Awarding of Grand Prize and Second Prizes. There will be one random drawing selecting the Grand Prize (for those who submitted a qualified video) and Second Prize winners. On or about December 19, 2022 (“Drawing Date”), NASM will select the name of one (1) potential Grand Prize winner and three (3) potential Second Prize winners in a random drawing from among the total number of all eligible Prize Entries received. The potential winners 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. NASM is 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 NASM sent the Notification, such winner will be disqualified and an alternate winner will be selected. NASM’s decisions will be final in all matters relating to this Giveaway. All Prize claims are subject to verification by NASM. 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 the NASM program will be provided to the Grand Prize winner within one week (seven days) of NASM receipt of the foregoing documents. All Hyperice products will be fulfilled by Hyperice. Shipments of Hyperice products will be made 30 days after receipt of the foregoing documents (delivery will depend on the shipping address and mode of shipment). By accepting the Prize, each winner acknowledges compliance with these Official Rules.
  7. Grand Prize and Second 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 winners are 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, by entering the Giveaway constitutes entrant’s consent for NASM 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, submitted video, likeness, biographical information, voice, statements, photograph or other likeness without further notification or compensation for advertising, promotional and publicity purposes by NASM, using media of NASM’s choice. Similarly, In the case of any dispute, the matter will be decided by NASM in the exercise of its discretion.
  9. Use of Data. By participating in the Giveaway, entrants hereby agree to NASM’s collection and usage of their personal information as described herein and in the NASM Privacy Policy posted on NASM’s website. All Entries also will be shared with the Prize Sponsor named in Section 1 above and, by submitting an Entry, you agree to the release of your Entry and all information you provide in the Entry to the Prize Sponsor. NASM is not responsible for the use, maintenance or security of personal information by a Prize Sponsor.
  10. Disqualification; Discontinuation of the Giveaway. Persons found tampering with or abusing any aspect of this Giveaway, acting in violation of these Official Rules, attempting to interfere with the proper play of this Giveaway or to be otherwise behaving in an unsportsmanlike manner, as solely determined by NASM, will be disqualified and may be subject to prosecution. If in the judgment of NASM, the Giveaway is compromised by unauthorized human intervention or other causes, which corrupts the administration, security, fairness or intended proper play of the Giveaway, NASM reserves the right, in its sole discretion, to discontinue, suspend, terminate or modify the Giveaway and to proceed in a manner it deems 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 Giveaway, each entrant releases and agrees to indemnify and hold harmless the Sponsor, Prize Sponsor and its and their parent, subsidiaries, and affiliated companies, third-parties engaged to manage the Giveaway 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 Giveaway, 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 winners shall bear all risk of loss or damage to their prize after it has been delivered. The Released Parties make no representations or warranties of any kind concerning the appearance, safety or performance of any prize.
  12. Limitation of Liability; Disclaimer. The Released Parties are not responsible for any condition caused by events beyond its control that may cause the Giveaway 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 Giveaway. 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. IN NO EVENT WILL 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 PRIZES AND GIVEAWAY 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, 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 Giveaway, entrants agree to be bound by these Official Rules. Any and all disputes, claims and causes of action arising out of, or connected with, the Giveaway 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, The Reserve at San Tan, Building 6, 355 East Germann Road, Gilbert, Arizona 85297 and reference the name of the Giveaway. Requests must be received on or before the date which is sixty (60) days after completion of the Giveaway Period.

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