Social Media Contest Terms and Conditions

These terms apply to the THERABAND High Resistance Bands Set contest (“Promotion”) run on the official Channels: @PerformanceHealthOfficial Instagram, @PerformanceHealthOfficial Facebook, and @PerformanceHealth LinkedIn accounts, unless otherwise stated.

1. This Promotion is only open to legal residents of the United States, age 18 or over.
2. For fairness, employees of Performance Health Inc., and its owned subsidiaries are not allowed to enter.
3. By entering this promotion, you agree to be bound by these terms and conditions.
4. There is a limit of one entry per person.
5. You don’t have to buy anything to take part in this Promotion but internet access and a valid Facebook, LinkedIn or Instagram account are required.

PROMOTIONAL PERIOD

1. The promotional period will open at 8 am CT on 3/28/23 and close at 11:59 CT pm on 4/14/23 (“Promotional Period”).
2. Entries must be made within this Promotional Period; any entries made outside this time will not be valid.

HOW TO ENTER 

1. Visit @PerformanceHealthOfficial on either Facebook or Instagram, or @PerformanceHealth on LinkedIn and enter on the associated giveaway post via this form page at THIS link. Only fully completed form fills will be eligible to win.

FURTHER ENTRY DETAILS

1. Entrants must only submit entries that do not infringe or violate the rights of any third party, including but not limited to, ownership, copyrights, trademarks, patents, logos, licensing rights, rights of publicity or privacy or any other intellectual property rights.
2. By submitting your information and creating an Instagram, Facebook, or LinkedIn account, you agree to the Instagram, Facebook, and LinkedIn terms of use and privacy notice. If you do not agree to such terms of use and privacy notice, you cannot create an Instagram, Facebook, or LinkedIn account or participate in the contest via these media.
3. This Promotion is in no way sponsored, endorsed, or administered by, or associated with the Channels. As such, please direct any questions, comments, or complaints regarding the Promotion to Social@PerformanceHealth.com. You understand that you are providing your information to Performance health acting on their behalf with regard to this Promotion, and not to the Channels.
4. By entering the Promotion, entrants give their permission for their entries to be used by Performance Health without further compensation (over and above the award of the prize) in perpetuity for promotional purposes. By entering this Promotion, the entrant agrees to the publishing these entries on their website, if desired by Performance Health, and possible further use on their website, Facebook, LinkedIn, Instagram, or other social media platforms. They also agree to other possible promotional use in media of Performance Health’s choosing without any further payment (over and above the award of the prize) in perpetuity.

THE PRIZE

1. The Prize will be one 4-pack set of THERABAND High Resistance Bands. 
2. The winner will receive from Performance Health once the winner confirms the winner’s shipping address to Performance Health via email.
3. Returns or exchanges of prize items, including monetary refunds, will not be accepted.

WINNER SELECTION PROCESS 

1. One prize drawing winner will be selected at random from the completed entry forms.

2. All valid entries received during the Promotional Period will be entered into a random prize draw selection process by Performance Health.

WINNER NOTIFICATION PROCESS 

1. The winner will be contacted via the given email address on their original form entry.
2. The winner will be given 24 hours to respond to their initial winner communication. In the event that the winner has not responded within 24 hours of their notification then the winner shall forfeit their Prize and Performance Health reserves the right to reallocate the Prize as they see fit.
3. A winner announcement will not be broadcasted.

GENERAL

1. Entries will be rejected if they: a. contain defamatory, malicious, indecent or other inappropriate content; b. have been submitted previously in a promotion of any kind or exhibited or displayed publicly through any means; c. includes trademarks, logos or copyrighted material not owned by you; d. include the names, likenesses, photographs, or similar of any individual without their express permission; e. represent a danger to health and safety; and/or f. disparage Performance Health or any other person or party affiliated with the Promotion.
2. The Prize carries no cash value, is non-transferable and may not be substituted by the winner. The Prize must be taken as stated and no compensation will be payable if the winner is unable to use the Prize as stated.
3. No responsibility is accepted for entries lost, damaged, or delayed as a result of any network, computer hardware or software failure of any kind.
4. This Promotion is in no way sponsored, endorsed, or administered by, or associated with Facebook, LinkedIn, or Instagram. You understand that you are providing information to Performance Health and not to Facebook, LinkedIn, or Instagram. The information you provide will only be used for fulfilment of this Promotion unless you have agreed to its use for any other purpose. By entering the Promotion all entrants agree to a complete liability release of Performance Health for Facebook, LinkedIn, or Instagram.
5. Bulk entries made from trade, consumer groups or third parties will not be accepted. Incomplete or illegible entries, by or via third parties or syndicates, entries by macros or other automated means (including systems which can be programmed to enter), and entries which do not satisfy the requirements of these terms and conditions in full may be disqualified and not counted. If it becomes apparent that an entrant is using a computer(s) to circumvent this condition by, for example, the use of ‘script’, ‘brute force’, masking their identity by manipulating IP addresses, using identities other than their own or any other automated means in order to increase that entrant’s entries into the Promotion in a way that is not consistent with the spirit of the Promotion, that person’s entries will be disqualified and any prize awarded will be void.
6. If for any reason the Promotion is not capable of running as planned for reasons (including but not limited to tampering, unauthorized intervention, fraud, technical failures, manufacturing and supply, or any other causes beyond the control of Performance Health which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion), Performance Health reserves the right (subject to any written directions given under applicable law) to disqualify any individual who tampers with the claims process and/or to cancel, terminate, modify or suspend the Promotion.
7. Performance Health reserves the right at its absolute discretion to disqualify entries which it considers do not comply with these terms and conditions or any entrant who it reasonably believes has interfered with the fair running of this Promotion.
8. Performance Health shall have the right, where necessary, to undertake all such action as is reasonable to protect itself against fraudulent or invalid claims including, without limitation, to require further verification as to the identity, age, and other relevant details of an entrant.
9. Performance Health’s decision is final, and no correspondence will be entered into.
10. Performance Health reserves the right to publish the name of the winner plus their entry. The winner may be required to participate in Performance Health’s marketing and promotional activities and by entering the Promotion the winner consents to such participation.
11. Limitation of Liability: The entrant agrees to release and hold harmless Performance Health and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, volunteers 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 malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error in the administration of the Promotion or the processing of entries.
12. Disputes: This Promotion is under the jurisdiction of the State of Illinois. As a condition of participating in this Promotion, entrant agrees that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with this Promotion, shall be resolved solely through arbitration, without resort to any form of class action. Further, in any such dispute, under no circumstances shall entrant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than entrant’s actual out-of-pocket expenses (i.e., costs associated with entering this Promotion). Entrant further waives all rights to have damages multiplied or increased.