Official Rules: Enter to Win the DonJoy Performance® 2019 Holiday POD® Giveaway
NO PURCHASE OR PAYMENT REQUIRED TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. MANY WILL ENTER AND FEW WILL WIN. YOU HAVE NOT YET WON..
THIS GIVEAWAY IS NOT ENDORSED BY OR AFFILIATED WITH INSTAGRAM. AS A CONDITION TO ENTERING THIS PROMOTION, YOU RELEASE INSTAGRAM, FROM ALL LIABILITY.
- Eligibility: The DonJoy Performance® 2019 POD® Holiday Giveaway (the “Giveaway”) is open only to legal residents of the 50 United States and the District of Columbia who are 18 years of age or older at the time of entry. If you are a minor in your state of residence, you must have the consent of your parent or legal guardian to enter. Employees and non-employee workers of DJO Consumer, LLC and its respective parent companies, subsidiaries, affiliates, and agents, and those prize providers and agencies that are involved in the development or execution of this Giveaway or any of its materials, and the immediate family (spouse, parents, siblings, and children) and household members of each such person are not eligible. The Giveaway is subject to all applicable federal, state, and local laws and regulations and is void where prohibited by law.
- Sponsor: The Giveaway is sponsored by DJO Consumer, LLC, 1430 Decision St, Vista, CA 92081 (“Sponsor”).
- Agreement to Official Rules: By participating in the Giveaway, each entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor, which are final and binding in all matters related to the Giveaway.
- Promotion Period: The Giveaway begins at 11:00am Pacific Standard Time (“PST”), December 13, 2019 and ends at 11:00a.m. PST, December 20, 2019 (the “Promotion Period”).
- Guidelines And Restrictions:
- Entries must not contain material that violates or infringes on another's rights, including but not limited to privacy, publicity, or intellectual property rights.
- Entries must not disparage Sponsor or any other person or party affiliated with the Promotion.
- Entries must not contain material that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous, derogatory, or libelous.
- Entries must not contain material that promotes bigotry, racism, hatred, or harm against any group or individual, or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age.
- Entries must not contain material that is unlawful, in violation of, or contrary to the laws or regulations in any state where the Entry is created.
Sponsor reserves the right in its sole discretion to disqualify any Entry that violates these restrictions or that otherwise does not comply with the requirements of these Official Rules.
- Drawings: There will be a drawing to win the prizes described below on or about December 20, 2019. On the drawing date, Sponsor will select the name of two Winners in a random drawing of all eligible Entries received during the Promotion Period. The winners will be notified by direct message on their Instagram account; entrants agreed to be so notified and to maintain their account in a manner to allow such direct messaging. If a potential winner fails to respond within two (2) days of notification or any notification is returned as undeliverable, Sponsor may select an alternate winner in a random drawing. The odds of winning a prize depend on the number of eligible Entries received during the Promotion Period.
- Prizes: The following prizes will be awarded (the “Prizes”):
- One (1) Grand Prize will be awarded, each consisting of 1 Black, Medium Left DonJoy Performance POD Ankle Brace, 1 Medium, Right DonJoy Performance POD Ankle Brace, 1 roll of DonJoy Performance Kinesiology Tape, 5 small diecut DonJoy Performance stickers, 2 large diecut DonJoy Performance stickers, and 2 large rectangular DonJoy Performance stickers at $134.99
- Prizes are not transferable and not redeemable in cash. There is no prize substitution, except that Sponsor may substitute a prize of equal or greater value if the advertised prize is not available. Each Prize winner is responsible for all taxes and fees associated with Prize receipt and/or use. Limit: 1 Prize per person. All expenses of using the Prizes not specifically listed above are the sole responsibility of the winners. Sponsor makes no representation and warranties regarding the Prizes and expressly disclaims the implied warranties of merchantability and fitness for a particular use.
- Publicity: Except where prohibited, participation in the Sweepstakes constitutes entrant's consent for Sponsor and its designees to use entrant's name, likeness, prize information, city and state of residence for promotional purposes in any media worldwide without further consideration or right of approval.
- General Conditions: In the event that the operation, security, or administration of the Giveaway is impaired in any way for any reason, including, but, not limited to, fraud, virus or other technical problem, the Sponsor may, in its sole discretion, either: (a) suspend the Giveaway to address the impairment and then resume the Giveaway in a manner that best conforms to the spirit of these Official Rules; or (b) cancel the Giveaway and award the prizes in a random drawing from among all eligible Entries received up to the time of the impairment. The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Giveaway or to be acting in violation of the Official Rules of this or any other promotion, or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Giveaway may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. The Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
- Release and Limitations of Liability: Except where prohibited, by participating in the Giveaway, entrants agree to release and hold harmless Sponsor, Twitter] and their respective parents, subsidiaries, affiliates, promotional partners, prize partners, agents and agencies, and the officers, directors and employees of them (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Giveaway or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Giveaway; (b) technical errors related to computers, servers, providers, printers or telephone or network lines; (c) printing errors; (d) errors in the administration of the Giveaway or the processing of Entries; (e) late, lost, or undeliverable Entries; or (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Giveaway or receipt, use or misuse of any prize. Entrant further agrees that in any cause of action, the Released Parties' liability will be limited to the cost of entering and participating in the Giveaway and in no event shall the Released Parties be liable for attorney's fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. If, for any reason, an entrant's Entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant's sole remedy is another Giveaway Entry, if it is possible. If the Giveaway, or any part of it, is discontinued for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible Entries received up to the date of discontinuance for any prize offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth herein to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
- Disputes: Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Giveaway or any prizes awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Southern District of California or the appropriate California State Court located in San Diego County, California; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering any Giveaway, but in no event attorneys' fees. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
- Winner List: For a winner list, visit DonJoy Performance's Facebook and Instagram stories. The winner list will be posted after winner confirmation is complete
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