ACTIVE BOOTY: 5 DAYS OF GIVEAWAY RULES (the “GIVEAWAY RULES”)

  1. ELIGIBILITY. To be eligible for the “Active Booty: 5 Days of Giveaway” (the “Giveaway”), an individual must:
    1. be a legal resident of the 50 United States, the District of Columbia or Canada (excluding Quebec);
    2. be of the age of majority in his/her province/territory or state of residence or older at the time of entry;
    3. be the sole owner of all right, title and interest (including copyright) in and to the Work (as defined below) submitted in connection with the Giveaway; and
    4. be willing and able to accept the prize as awarded.

    Employees of The Fitness Marshall, INC, its affiliates, subsidiaries, related companies, successors and assigns (collectively “TFM”), their respective affiliates, subsidiaries, related companies, advertising and promotional agencies and/or the household members of any of the above are not eligible to enter.

    TFM has the right at any time to require proof of identity and/or eligibility to participate in the Giveaway. Failure to provide such proof may result in disqualification. All personal and other information requested by and supplied to TFM for the purpose of the Giveaway must be truthful, complete, accurate and in no way misleading. TFM reserves the right, in its sole discretion, to disqualify any entrant should such an entrant at any stage supply untruthful, incomplete, inaccurate or misleading personal details and/or information.

  2. GIVEAWAY PERIOD. The Giveaway begins at 8:00 a.m. Pacific Standard Time (“PST”) on Sunday, February 28, 2021 and ends at 7:59 a.m. PST on Friday, March 5, 2021 (the "Giveaway Period") after which time the Giveaway will be closed and no further entries shall be accepted.
  3. HOW TO ENTER.
    1. There is no purchase necessary to enter. To enter, each day of the Giveaway Period, entrants must: (1) follow the @shopactivebooty account on Instagram (2) watch for the daily Giveaway post to be posted at approx. 8:00 a.m. PST (the “Daily Giveaway Post”), and (3) follow the instructions on how to enter that day’s Daily Draw (defined below). All entries for each Daily Draw must be received by the end of each day’s Daily Giveaway Period (as specified in Section 4, below).

      No entries will be accepted by any other means.

    2. If the Daily Giveaway requires posting a photo or video (the “Work”), each entrant represents and warrants that the Work: (i) does not contain any material, language or gestures that are libelous, defamatory, indecent, profane, obscene or violent and does not violate any laws relating to hate speech or otherwise; (ii) is original, solely created by the entrant and that no third party participated as an author, co-author or otherwise in the creation of the Work or any part thereof; (iii) all right, title and interest (including copyright) in the Work is owned and/or controlled by the entrant; and (iv) the Work does not infringe upon the intellectual property right, proprietary interest or other statutory or common law rights of any third party; (v) does not contain any recognizable logos or any other copyrighted material; and (vi) does not contain any mention, endorse, or “plug” any commercial product, service, venture or thing.
    3. Limit of one (1) entry per person per day. Where there are multiple entries, only the first eligible entry will be considered.
    4. All entries become the sole property of TFM and will not be returned for any reason. Entries will be declared invalid if they are late, illegible, incomplete, damaged, irregular, mutilated, forged, garbled or mechanically or electronically reproduced. Unless otherwise set out herein, no communication or correspondence will be exchanged with entrants except with those selected as a potential winner.
    5. Entries received shall be deemed to be submitted by the authorized account holder of the corresponding platform account associated with the entry. For the purpose of the Giveaway Rules, “authorized account holder” of a particular platform account (e.g. Instagram) is defined as the natural person who is assigned to a particular platform (e.g. Instagram) account by that platform (e.g. Instagram).
  4. PRIZES.
    1. There are a total of five (5) Prizes (each, a “Prize”) available to be won each day of the Giveaway Period (each a “Daily Giveaway”), as follows:

      Daily Giveaway Period

      Prize

      ARV of each Prize (USD)

      Start: 8:00 a.m. PST on Sunday, February 28, 2021

      End: 8:00 a.m. PST on Monday, March 1, 2021

      One (1) prize packages each consisting of:

      1. one (1) Hyperice Hypervolt Massage Gun

      Available to US & Canadian (excluding Quebec) entrants.

       

      $162.99

      Start: 8:00 a.m. PST on Monday, March 1, 2021

      End: 8:00 a.m. PST on Tuesday, March 2, 2021

      One (1) prize packages each consisting of:

      1. one (1) month membership to The Fitness Marshall YouTube channel tier Booty Army Elite

      Available to US entrants only.

       

      $14.99

       

      Start: 8:00 a.m. PST on Tuesday, March 2, 2021

      End: 8:00 a.m. PST on Wednesday, March 3, 2021

      One (1) prize packages each consisting of:

      1. one (1) Brava Home Starter Set

      Available to US & Canadian (excluding Quebec) entrants.

       

      $1,269

       

      Start: 8:00 a.m. PST on Wednesday, March 3, 2021

      End: 8:00 p.m. PST on Thursday, March 4, 2021

      One (1) prize packages each consisting of:

      1. one (1) SmartSweets gift package consisting of all flavors (72) packages

      Available to US & Canadian (excluding Quebec) entrants.

       

      $252.00

       

      Start: 8:00 a.m. PST on Thursday, March 4, 2021

      End: 11:59 p.m. PST on Friday, March 5, 2021

      One (1) prize package consisting of:

      1. one (1) $100 Active Booty e-gift card

      *

      Available to US & Canadian (excluding Quebec) entrants.

       

      $100.00

    2. Winners are not entitled to monetary difference between actual Prize value and stated approximate Prize value, if any.
    3. TFM and/or TFM’s representatives will contact the Winner(s) to coordinate the provision of the Prize(s) within two (2) days once such Winner(s) has/have been successfully contacted and notified of his/her Prize and fulfilled the requirements set out herein.
  5. PRIZE CONDITIONS.
    1. Prizes must be accepted as awarded and cannot be transferred, assigned, substituted or redeemed for cash, except at the sole discretion of TFM. Any unused, unclaimed or declined portion of a Prize will be forfeited, have no cash value and TFM shall have no obligation to provide either an alternative or value-in-kind. TFM reserves the right, in its sole discretion, to substitute a prize of equal or greater value if a Prize (or any portion thereof) cannot be awarded for any reason.
    2. Shipped Prizes shall not be insured and TFM shall not assume any liability for lost, damaged or misdirected Prizes.
  6. WINNER SELECTION.
    Winners shall be selected as follows:
    1. The day that each Daily Giveaway Period closes, the number of entrants corresponding to the number of Prizes for each Daily Giveaway Period (as set out in Section 4, above) will be selected by a random draw in Los Angeles, CA from all entries received during the Daily Giveaway Period (the “Daily Draw”). There is no limit to the number of Prizes an entrant may win. The odds of being selected as a potential winner for each Prize are dependent upon the number of entries received by TFM during the corresponding Daily Giveaway Period. Before being declared a Winner, the selected entrant shall be required to: (1) correctly answer, without assistance of any kind, whether mechanical or otherwise, a time-limited, mathematical skill-testing question to be administered during a pre-arranged telephone call or by e-mail; (2) comply with the Giveaway Rules; and (3) sign and return the Release (described below).
    2. Except as specified below or in the Daily Giveaway Post, each selected entrant will be notified via Instagram Direct Message to take place at 9:00 p.m. PST on the following day of the applicable Daily Draw. Selected entrant must respond within two (2) business days of notification. If the selected entrant does not respond accordingly, he/she will be disqualified and will not receive a Prize and another entrant may be selected in TFM’s sole discretion until such time as an entrant satisfies the terms set out herein. TFM are not responsible for the failure for any reason whatsoever of a selected entrant to receive notification or for TFM to receive a selected entrant’s response.
    3. If, as a result of an error relating to the entry process, drawing or any other aspect of the Giveaway, there are more selected entrants for a Daily Draw than contemplated in these Giveaway Rules, there will be a random draw amongst all eligible Prize claimants after the Daily Giveaway Period’s closing date to award the correct number of Prizes.
  7. RELEASE. Winners will be required to execute a legal agreement and release (“Release”) that confirms Winner’s: (i) eligibility for the Giveaway and compliance with these Giveaway Rules; (ii) acceptance of the Prize as offered; (iii) release of each of TFM, Facebook, Instagram, Twitter, YouTube and their respective parent companies, subsidiaries, affiliates and/or related companies and each of their employees, directors, officers, suppliers, agents, sponsors, administrators, licensees, representatives, advertising, media buying and promotional agencies (collectively, the “Releasees”) from any and all liability for any loss, harm, damages, cost or expense arising out of participation in the Giveaway, participation in any Giveaway-related activity or the acceptance, use, or misuse of any Prize, including but not limited to costs, injuries, losses related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light, or from any and all claims of third parties arising therefrom; and (iv) grant to TFM of the unrestricted right, in TFM’s collective or individual discretion, to produce, reproduce, display, publish, convert, post, serve, broadcast, communicate by telecommunication, exhibit, distribute, adapt and otherwise use or re-use Winner’s name, statements, image, likeness, voice and biography in any and all media now known or hereafter devised, in connection with the Giveaway and the promotion and exploitation thereof. The executed Release must be returned within two (2) business days of receipt or the selected entrant will be disqualified and the Prize forfeited.
  8. INDEMNIFICATION BY ENTRANT. By entering the each Daily Giveaway, each entrant releases, indemnifies and holds Releasees harmless from any and all liability for any injuries, loss or damage of any kind to the entrant or any other person, including personal injury, death, or property damage, resulting in whole or in part, directly or indirectly, from (a) their participation in the Giveaway or any Giveaway-related activity; (b) the acceptance, use, or misuse of any Prize; or (c) any breach of the Giveaway Rules. Each entrant agrees to fully indemnify Releasees from any and all claims by third parties relating to the entrant’s participation in the Giveaway, without limitation.
  9. RIGHTS CLEARANCE. By providing the Work to TFM in connection with the Giveaway, each entrant shall retain all right, title and interest (including copyright) in and to the Work and shall grant to TFM a worldwide, gratuitous, irrevocable, and non-exclusive license to copy, modify, produce, reproduce, display, publish, exhibit, distribute, convert, adapt, post, serve, broadcast, communicate by telecommunication, transmit and otherwise use or reuse the Work for use in all media now known or hereafter devised in perpetuity beginning on the date of entry, including, but not limited to, in connection with the administration, promotion and exploitation of the Giveaway. TFM assumes no responsibility for any claims of infringement of rights to copyright, privacy, personality or otherwise, and all such liability shall remain with the entrant. TFM reserves the right to exclude any Work on the basis of concerns relating to the rights of third parties, including but not limited to privacy, copyright, defamation, rights of personality, obscenity or hate speech, as determined by TFM in their sole discretion.
  10. LIMITATION OF LIABILITY. TFM assumes no responsibility or liability for lost, late, unintelligible/illegible, falsified, damaged, misdirected or incomplete entries, notifications, responses, replies or any Release, or for any computer, online, software, telephone, hardware or technical malfunctions that may occur, including but not limited to malfunctions that may affect the transmission or non-transmission of an entry. TFM is not responsible for any incorrect or inaccurate information, whether caused by online users or by any of the equipment or programming associated with or utilized in the Giveaway or by any technical or human error which may occur in the administration of the Giveaway. TFM assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. TFM assumes no responsibility or liability in the event that the Giveaway cannot be conducted as planned for any reason, including those reasons beyond the control of TFM, such as infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or corruption of the administration, security, fairness, integrity or proper conduct of this Giveaway.
  11. CONDUCT. By participating in the Giveaway, each entrant is deemed to have executed and agrees to be bound by the Giveaway Rules, which will be posted at athomepodcast.net and made available throughout the Giveaway Period. Entrant further agrees to be bound by the decisions of TFM, which shall be final and binding in all respects. TFM reserves the right, in their sole discretion, to disqualify any entrant found to be: (a) violating the Giveaway Rules; (b) tampering or attempting to tamper with the entry process or the operation of the Giveaway; (c) violating the terms of service, conditions of use and/or general rules or guidelines of any The Fitness Marshall, INC property or service; and/or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass TFM or any other person. CAUTION: ANY ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, TFM RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO CRIMINAL PROSECUTION.
  12. PRIVACY / USE OF PERSONAL INFORMATION. By entering in the Giveaway, each entrant consents to the collection of his/her personal information collected during the course of the Giveaway, which shall be used by TFM and its authorized representatives solely for the purposes of conducting the Giveaway and announcing and awarding the Prizes. TFM will use the entrant’s personal information only for identified purposes, and protect the entrant’s personal information in a manner that is consistent with the Privacy Policy at: https://activebooty.com/policies/privacy-policy 
  13. INTELLECTUAL PROPERTY. All intellectual property, including but not limited to trade-marks, trade names, logos, designs, promotional materials, drawings, slogans and representations is owned by TFM and/or their affiliates. All rights are reserved. Unauthorized copying or use of any copyrighted material or intellectual property without the express written consent of its owner is strictly prohibited.
  14. TERMINATION. TFM reserves the right, in their sole discretion, to terminate the Giveaway, in whole or in part, and/or modify, amend or suspend the Giveaway, and/or the Giveaway Rules in any way, at any time, for any reason without prior notice.
  15. LAW. These are the official Giveaway Rules. The Giveaway is subject to applicable federal, state or provincial and municipal laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Giveaway Rules or the rights and obligations as between the entrant and TFM 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 or provisions that would cause the application of any other jurisdiction’s laws. The Giveaway will be void in whole or part where prohibited by law.
  16. DISCREPANCY. In the event of any discrepancy or inconsistency between the terms and conditions of the Giveaway Rules and disclosures or other statements contained in any Giveaway-related materials, the terms and conditions of the Giveaway Rules shall prevail, govern and control.
  17. FACEBOOK/INSTAGRAM/TWITTER/YOUTUBE. This Giveaway is in no way sponsored, endorsed or administered by or associated with Facebook, Instagram, Twitter or YouTube. Facebook, Instagram, Twitter and YouTube is completely released of all liability by each entrant in this Giveaway. Any questions, comments or complaints regarding the Giveaway must be directed to TFM and not Facebook, Instagram, Twitter or YouTube.