TRX® x JOOLA Giveaway
NO PURCHASE IS NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. ENTRY IN THIS SWEEPSTAKES CONSTITUTES ACCEPTANCE OF THESE OFFICIAL RULES.
Sweepstakes Name: TRX® x JOOLA Giveaway ("Sweepstakes")
Sponsor: JFXD TRX ACQ, LLC (“TRX”)
Address: 401 West Atlantic Ave. #359 Delray Beach, Florida 33444
ENTRANT ELIGIBILITY. An "Entrant" is a person who (i) is a legal resident of the United States, (ii) is at least 18 years old and has reached the age of majority in the state in which he/she resides as of the time of entering the Sweepstakes, (iii) is not on the U.S. Bureau of Industry and Security’s Denied Persons or Entity Lists, is not on the U.S. Treasury Department’s list of Specially Designated Nationals, and is not on the US Department of Commerce’s Table of Denial Orders, and (iv) complies with the Method of Entry & Entry Requirements in Section 4 below. 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. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations.
ENTRY PERIOD. The Sweepstakes begins at 12:00:00 a.m. Pacific Standard Time (PST) on August 18, 2023, and ends at 11:59:59 p.m. Pacific Standard Time (PST) on August 25, 2023 (the "Entry Period"). During this period, TRX and JOOLA will be promoting the Giveaway on email channels.
DISQUALIFICATION. Without limitation, an Entrant may be disqualified, at Sponsor's sole discretion, if (i) Entrant has a pending arrest or conviction for a felony or misdemeanor involving moral turpitude, (ii) Entrant is subject to a restraining order; (iii) Entrant fails to meet the Method of Entry & Entry Requirements in Section 4; or (iv) Entrant violates or fails to comply with these Official Rules.
METHOD OF ENTRY & ENTRY REQUIREMENTS. Entry to the Sweepstakes is limited to (i) one (1) entry per Entrant/person that complies with the entry rules. Incomplete and/or multiple entries will be disqualified. Third party entry and/or entry through a sweepstakes service is not permitted. All entries 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 entered into the survey response, as long as such person is otherwise eligible in accordance with these Official Rules.
SELECTION OF WINNERS & NOTIFICATION. One (1) winner will be determined by a single, random drawing which will be conducted by Sponsor, TRX on August 26, 2023. Sponsor will determine at its sole and reasonable discretion if the Winner is qualified and eligible, and no Winner may receive more than one (1) prize in connection with the Sweepstakes. If a Winner is disqualified or ineligible for any reason, such as residing in a location where the Sweepstakes is prohibited or restricted by law, then an alternate may be chosen. Sponsor will contact the Winner using the contact information provided by such Winner when completing the entry form. The Winner may be required to complete, sign and return a certificate or affidavit of eligibility, a liability release, and, where lawful, a publicity release within five (5) calendar days of notification. In the event of failure to return the documents and/or requested information, or the return of any prize notification as being undeliverable, Winner will forfeit the applicable prize and an alternate Winner may be selected by Sponsor in the same manner as the original random drawing. All decisions of Sponsor are final. Odds of winning each prize are dependent upon the number of eligible entries received.
PRIZES. There will be one (1) Winner chosen receiving one (1) TRX Pro 4 Suspension Trainer™ Systems, one (1) TRX Training Club® 12-month membership, one (1) TRX Pro 4 Rip Trainer TRX Bandit™ set, two (2) JOOLA Ben Johns Perseus CFS 16 Pickleball Paddles. (Cumulative total ARV of this prize is approximately $1,200).
If requested, a Winner shall provide Sponsor with valid identification and a valid taxpayer identification number, social security number or equivalent as a condition of any prize being awarded. Prizes are not transferable, redeemable for cash or exchangeable for any other prize. The cumulative total ARV of the one prize is approximately $1,200. The ARV may differ at time of prize award. The specifics of any prize will be solely determined by Sponsor. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, will be the sole responsibility of a Winner. If requested, a Winner shall provide Sponsor with a valid identification and a valid taxpayer identification number, social security number or equivalent as a condition of any prize being awarded. No substitution of any prize or any transfer/assignment of the prize to others or request for the cash equivalent by a Winner is permitted. Acceptance of any prize constitutes permission for Sponsor to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
GENERAL CONDITIONS. Sponsor and each of its parent companies, subsidiaries, affiliates, and their promotion agencies as well as each of the foregoing entities’ officers, directors, shareholders, members, managers, partners, employees, agents, and representatives will not have any obligation or responsibility, including any responsibility to award any prize to Entrants, with regard to: (a) entries that contain inaccurate information or do not comply with or violate the Official Rules; (b) entries, prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind; (c) Entrants who have committed fraud or deception in entering or participating in the Sweepstakes or claiming a prize; (d) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties; (e) any inability of any Winner to accept the prize for any reason; (f) if a prize cannot be awarded due to delays or interruptions due to Acts of God, natural disasters, terrorism, weather or any other similar event beyond Sponsor’s reasonable control; or (g) any damages, injuries or losses of any kind caused by any prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of any prize or resulting from participating in this Sweepstakes or any promotion or prize related activities. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be: (i) tampering with the entry process or the operation of the Sweepstakes, or with any website promoting the Sweepstakes; (ii) acting in violation of the Official Rules; or (iii) entering or attempting to enter the Sweepstakes multiple times through the use of multiple email addresses, social media accounts or the use of any robotic or automated devices to submit entries. If Sponsor determines, in its sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of the Sweepstakes, Sponsor reserves the right to void the entries at issue, and/or terminate the relevant portion of the Sweepstakes, including the entire Sweepstakes, and/or modify the Sweepstakes and/or award any prize from all eligible entries received as of the termination date. ANY PERSON ATTEMPTING TO DEFRAUD SPONSOR OR IN ANY WAY TAMPER WITH, DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES WILL BE DISQUALIFIED AND MAY BE SUBJECT TO CIVIL AND/OR CRIMINAL PROSECUTION. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
LIMITATION OF LIABILITY; RELEASE. Sponsor, Facebook, Instagram, Twitter and their respective employees, agents and representatives (collectively “Released Parties”) will not be liable for any injury, damage, loss, expense, accident, delay, inconvenience, or other irregularity that may be caused or contributed to (i) by any wrongful, negligent, or unauthorized act or omission of any third party, or (ii) by any cause, condition, or event beyond the control of the Released Parties, including, without limitation, any act of God, war, terrorism, riot, hurricane or fire. BY ENTERING THE SWEEPSTAKES, ENTRANT FULLY AND UNCONDITIONALLY RELEASES, DISCHARGES AND HOLDS HARMLESS THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, COSTS, EXPENSES, ATTORNEY’S FEES, DAMAGES AND OTHER LIABILITIES ARISING OUT OF OR RELATING TO ENTRANT'S PARTICIPATION IN THIS SWEEPSTAKES AND SWEEPSTAKES RELATED ACTIVITIES (SUCH AS ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE), INCLUDING, WITHOUT LIMITATION BUT TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, DEMANDS, CLAIMS AND CAUSES OF ACTION FOR NEGLIGENCE, DAMAGES TO PROPERTY, BODILY INJURY (INCLUDING DEATH), PROPERTY DAMAGE, LOSS OF BUSINESS, LOSS OF CONSORTIUM, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES AND ALL OTHER FORMS OF CLAIMS, LIABILITIES AND DAMAGES.
DISPUTE RESOLUTION. All disputes arising under or relating to the Sweepstakes and/or these Official Rules will be governed by the laws of California, without regard for conflicts of laws principles. All disputes arising under or relating to the Sweepstakes and/or these Official Rules shall be submitted to and resolved by binding arbitration in San Francisco, California, any award shall be confirmed in the courts situated in San Francisco County, California. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. Any such arbitration shall include a written record of the arbitration hearing.