[TONE IT UP / SANDALS RESORT SUMMER CHALLENGE SWEEPSTAKES]

OFFICIAL RULES

PLEASE READ: These Rules contain a mandatory arbitration agreement and a class action waiver requiring you to resolve any disputes between you and Sponsor, and Sponsor’s related and affiliated entities and all predecessors, assigns and successors thereto and all of their respective fiduciaries, shareholders, equity holders, members, managers, partners, directors, divisions, officers, managers, executives, employees, independent contractors, freelancers, consultants, attorneys, administrators, agents and insurers and all persons acting by, through, under or in concert with any of them (collectively, “Sponsor Parties”) through final and binding arbitration on an individual basis and requiring you to forgo jury trials, class or collective actions or proceedings, and all other types of court proceedings of any kind. Unless you opt out of the arbitration agreement following the procedures set forth in Section 3 below, you will be bound by this arbitration agreement. By entering the Sweepstakes, you acknowledge that you understand and expressly agree to the mandatory arbitration agreement.

1.              SPONSOR: The [Tone It Up / Sandals Resort Summer Challenge Sweepstakes] (the “Sweepstakes”) is sponsored by Tone It Up, Inc. (the “Sponsor”).

2.              NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A purchase does not increase your chances of winning. Void where prohibited. By participating in this Sweepstakes, each participant agrees to be bound by these Official Rules and to the decisions of Sponsor, which are final and binding on all matters relating to the Sweepstakes.

3.              BINDING ARBITRATION AND CLASS ACTION AND JURY TRIAL WAIVER:  BY AGREEING TO THESE RULES, EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING OR CLAIM OF ANY NATURE RELATING TO THE SWEEPSTAKES OR THESE RULES (“DISPUTES”), AND ACKNOWLEDGES THAT THE FOREGOING WAIVER IS KNOWING AND VOLUNTARY. You also agree that any Dispute shall be resolved through confidential, binding arbitration in accordance with the Expedited Procedures in the JAMS Comprehensive Arbitration Rules and Procedures then in effect, and not in a court of law in any jurisdiction, and not in a class, representative, or consolidated action or proceeding, as further set forth below.

Binding Arbitration: You and the Sponsor Parties agree that the arbitrator (the “Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of the terms of this Section 3 (the “Arbitration Agreement”), including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Official Rules are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver: You acknowledge and agree that you and the Sponsor Parties are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and the Sponsor Parties agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the entirety of the Arbitration Agreement set forth in this Section 3 shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes on a class basis.

Notwithstanding the parties’ agreement to resolve all Disputes through arbitration, you and the Sponsor Parties each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyright rights, trade secrets, patents or other intellectual property rights.

Opt-Out Procedure : You can choose to reject this Arbitration Agreement by sending Sponsor a written opt-out notice (“Opt-Out Notice”) by no later than June 15, 2022 email to contact@toneitup.com or by mail to Tone It Up, Inc., 1110 Manhattan Avenue, Manhattan Beach, California 90266. If mailed, the Opt-Out Notice must be post-marked by no later than June 15, 2022. To be effective, the Opt-Out Notice must contain your name, address, and signature. If you opt-out of the Arbitration Agreement, all other parts of the Official Rules will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any previous, other, or future Arbitration Agreements that you may enter with any of the Sponsor Parties.[SDR1] 

Rules, Procedures & Governing Law: The arbitration will be administered by JAMS under its Comprehensive Arbitration Rules and Procedures and any supplementary rules then in effect (the “JAMS Rules”), except as modified by these Terms. The JAMS Rules are available at https://www.jamsadr.com/rules-comprehensive-arbitration/ or by calling JAMS at (800) 352-5267. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Rules. Notwithstanding any choice of law or other provision in the Rules, you and the Sponsor Parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement of proceedings pursuant thereto. It is the intent of the parties that the JAMS Rules and FAA shall preempt all state laws to the fullest extent permitted by law. If the JAMS Rules and FAA are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of California, without regard to its choice or conflict of law provisions.

Discovery in the arbitration shall be limited in scope to the specifics of liability on the Dispute, and any discovery related to damages calculations or any financials shall be withheld until after liability has been decided by the arbitrator(s). In the event of any inconsistency between the JAMS Rules and this paragraph, the terms of this paragraph shall control.

All arbitration hearings shall commence within ninety (90) days of the demand for arbitration and close within ninety (90) days of commencement and the award of the Arbitrator(s) shall be issued within thirty (30) days of the close of the hearing. However, the Arbitrator(s), upon a showing of good cause or by the parties’ agreement, may extend the commencement of the hearing for up to an additional sixty (60) days. The Arbitrator(s) shall provide a concise written statement of reasons for the award. The arbitration award may be submitted to any court having jurisdiction to be confirmed and enforced. The Arbitrator(s) will have the authority to decide whether any Dispute is barred by the statute of limitations and, if so, to dismiss the arbitration on that basis. For purposes of the application of the statute of limitations, the service on JAMS under applicable JAMS Rules of an arbitration demand is the equivalent of the filing of a lawsuit. The Arbitrator(s) shall have the power to award legal fees pursuant to the terms of this Agreement. This paragraph does not limit the right of Sponsor to: (i) exercise self-help remedies, such as, but not limited to, setoff; (ii) initiate judicial or non-judicial foreclosure against any real or personal property collateral; (iii) exercise any judicial or power of sale rights, or (iv) act in a court of law to obtain an interim remedy, such as, but not limited to, injunctive relief, writ of possession or appointment of a receiver, or additional or supplementary remedies. Except as provided in this Arbitration Agreement, the prevailing party in any action or arbitration related to these Rules shall be entitled to its reasonable attorney fees and costs.

You can contact JAMS for more information on how to commence an arbitration proceeding at https://www.jamsadr.com/rules-download/ or (800) 352-5267. For claims under $10,000, you may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location . If your claim is at or above $10,000, your right to a hearing will be determined by JAMS.

Payment of all filing, administration, and arbitrator fees will be governed by the JAMS’s applicable rules. Sponsor will reimburse those fees for claims totaling less than $10,000, unless the arbitrator finds your Dispute frivolous.  If the Sponsor Parties prevail in the arbitration, the Sponsor Parties will pay all of their attorneys’ fees and costs and will not seek to recover them from you.

4.              ENTRY PERIOD: The Sweepstakes entry period begins at 12:01 A.M. Eastern Daylight Time (“EDT”) on May 28, 2022 and ends at 11:59 P.M. EDT on June 15, 2022 (the “Entry Period”)

5.              ELIGIBILITY: The Sweepstakes is offered only to individuals (each, an “Entrant”) eighteen (18) years or older at the time of entry who are legal residents of the fifty (50) United States or the District of Columbia.  Void in Puerto Rico and all jurisdictions other than those stated above and where prohibited or restricted by law.  All federal, state and local laws and regulations apply.  Persons in the any of the following categories are NOT eligible to participate or to win the prize: (a) employees, directors, agents and independent contractors of Sponsor; (b) employees, directors, agents and independent contractors of Sponsor’s advertising and promotional agencies; prize providers; and (c) persons who are immediate family (e.g., spouse, mother, father, sister, brother, daughter or son, regardless of where they live) or co-inhabitants (whether related or not) of any person in the preceding two categories. BY PARTICIPATING IN THE SWEEPSTAKES, YOU AFFIRM YOUR ELIGIBILITY AND AGREE TO BE BOUND BY THESE OFFICIAL RULES AND ALL DECISIONS OF THE SPONSOR, WHICH ARE FINAL, BINDING AND CONCLUSIVE WITH RESPECT TO ALL MATTERS RELATING TO THE SWEEPSTAKES.

6.              SUBMISSION OF ENTRIES: To enter, an Entrant must submit written, photographic and/or video testimony(collectively, the “Entry Materials”) via the [Summer Challenge Sweepstakes Page: https://my.toneitup.com/pages/transformations] by no later than 11:59 p.m. EDT on June 15, 2022. An Entrant must timely cooperate with all requests for additional information or documents that the Sponsor may request in order to verify eligibility and compliance with these Official Rules.  All entries must be posted to the [Summer Challenge Sweepstakes Page] during the Entry Period. Sponsor’s clock is the official timekeeping device for the Sweepstakes. Sponsor is not responsible for late or unsuccessful attempts to enter. Sponsor reserves the right to determine, in its sole discretion, which entries have satisfied the entry requirements. AN ELIGIBLE ENTRANT MUST SUBMIT AN ENTRY IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED.

7.              PRIVACY: Information collected from Entrants is subject to the Tone It Up Privacy Policy: https://my.toneitup.com/pages/privacy-policy. The Entrant agrees to the collection, processing and storage of his/her personal data by Sponsor as set forth in these rules, including for purposes of the sweepstakes and Sponsor’s promotional purposes and for future contact should entrant's opt-in for additional/future information from the Sponsor, in compliance with applicable law.

8.              SELECTION OF WINNERS: Winners will be selected on or after June 21, 2022 at Sponsor’s address above based on a random drawing of all eligible entries received (the “Winners”). There will be one (1) grand prize winner (“Grand Prize Winner”) selected and two other individuals selected will receive one Runner-Up prize each (individually, “Runner Up Prize Winner”).

9.              PRIZES:

Grand Prize: One (1) Grand Prize Winner will be chosen at random from all eligible entries. The Grand Prize Winner will receive:

4-day/3-night Luxury Included® vacation for two (2) adults (the Grand Prize Winner and one guest who must be 18 years or older at the time of booking) to any one of the sixteen Sandals Resorts listed below located in Jamaica, Antigua, Saint Lucia, The Bahamas, Barbados, Curacao & Grenada (the “Sandals Prize”).

 

Sandals Montego Bay  -  Montego Bay, Jamaica

Sandals Royal Caribbean Resort & Private Island  -  Montego Bay, Jamaica

Sandals Negril Beach Resort & Spa  - Negril, Jamaica

Sandals Ochi Beach Resort - Ocho Rios, Jamaica

Sandals Royal Plantation, Ocho Rios, Jamaica - Ocho Rios, Jamaica

Sandals South Coast - Westmoreland, Jamaica

Sandals Grande St. Lucian Spa & Beach Resort - Gros-Islet, Saint Lucia

Sandals Halcyon Beach St. Lucia - Castries, Saint Lucia

Sandals Regency La Toc Golf Resort & Spa - Castries, Saint Lucia

Sandals Grande Antigua Resort & Spa - St. John’s, Antigua

Sandals Royal Bahamian Spa Resort & Offshore Island - Nassau, Bahamas

Sandals Emerald Bay Golf, Tennis & Spa Resort - Exuma, Bahamas

Sandals Grenada Resort & Spa - St. George’s, Grenada

Sandals Barbados - St. Lawrence Gap, Barbados 

Sandals Royal Barbados - St. Lawrence Gap, Barbados

Sandals Royal Curacao - Santa Ana, Curacao

 

Sandals Resorts is a Luxury Included® romantic, adults-only destination exclusively for couples. Unique Travel, Corp. (“UTC”) a Panamanian Corporation located at Calle Aquilino De Guardia, No. 8, Panama, Republic of Panama worldwide representative of Sandals Resorts is the Sandals Prize Provider.

The Sandals Prize will include luxurious accommodations (one (1) room, double occupancy) in a Deluxe Category room, all meals, unlimited Premium Liquors, daily & nightly entertainment, an array of land and water sports activities, including daily Scuba diving (for certified divers) where available, snorkeling, Wi-Fi in all rooms and public areas, resort gratuities, resort taxes, and Sandals transfers to and from the selected or designated airport.

The Sandals Prize must be redeemed for travel within one (1) year from the Sweepstakes end date, June 21, 2022 – June 20, 2023 or one (1) year from the date on the Sandals Prize Certificate issued to the Grand Prize Winner (the “Redemption Period”). The Sandal Prize is not transferable or redeemable for cash. No extension will be given after the Redemption Period has expired. If the Sandals Prize is not redeemed, the Sandals Prize will be forfeited. The Sandals Prize is subject to space availability and selected blackout dates. Reservations will not be confirmed until 30 days prior to the selected travel date. Confirmation of travel dates will only be provided 30 days prior to the departure date.

The Sandals Prize will be issued in the form of a Prize Certificate from Unique Travel Corp’s affiliate company Unique Vacations Inc. The Sandals Prize Certificate will outline the terms and conditions of the Sandals Prize and redemption procedure and will be provided to  the Grand Prize Winner by Sponsor. The approximate retail value of the Sandals Prize is $2,460. Actual value may vary based on various factors, including fluctuations in currency conversion rates, special promotions and the price for accommodations.

Exclusions: Airfare (not provided by Unique Travel Corp), car rental, personal charges, incidentals, telephone calls, Premium Wi-Fi, Red Lane® Spa treatments and services, specialty dining, tours & excursions, inter-island transportation, SCUBA certification courses, room services, meals outside of the selected or designated resort, island departure taxes, purchases made at the Sandals Specialty or Gif Shops, baggage fees, customs duties, and travel insurance are not included.

Substitution of Resort: UTC and/or Sandals Resorts each reserves the right to substitute the selected resort for another resort in the resort’s chain in a similar category and to change dates without prior notice for any circumstance(s) beyond the resort’s control based upon availability for the secured travel dates. The terms and conditions agreed to by the Grand Prize Winner] shall apply with equal applicability to any resort which is the subject of substitution or deviation.  Neither UTC nor Sandals Resorts shall be liable for any claim made whatsoever, including but not limited to loss, compensation, or refund by reason of such substitution or deviation.

COVID-19: A respiratory virus, called Covid19 and its variants have been identified as the cause of an outbreak of respiratory illness and have been identified in other countries around the world including the Caribbean. The Grand Prize Winner can find updated information on the Centers for Disease Control’s website. The health and safety of resort guest is a priority. Prior to entering the designated resort, all guests will be administered a no-touch thermal scan to screen for fever. Anyone with any fever (≥38 C°/100.4 F°) will not be allowed to enter the resort until they are assessed by a nurse or doctor. The medical professional may recommend that a COVID-19 test be administered. With a positive test result the guest remains isolated in their room until the release criteria of the specific jurisdiction is satisfied. If negative the guest will be free to enter and enjoy the resort.   There is a risk in entry regardless of temperature checks, and all guests enter at their own risk and shall be advised as follows: If you experience any symptoms of any illness while at the Resort, please stay in your room and contact the Medical Center. Consultation charges will be waived. If you develop symptoms after leaving the Resort, see a doctor right away and advise the Resort.  Beaches Resort reserves the right to implement other health, safety and Covid-19 protocols in its sole discretion.  All guests shall further acknowledge and agree that they are fully aware of the contagious nature and effects of COVID-19 and voluntarily assume that risk and responsibility and further agree that they will release, indemnify and hold harmless Unique Travel Corp, and/or Beaches Resorts, and their respective parent corporations, affiliates, subsidiaries, directors, officers, employees, successors, assigns, agents, representatives and insurers, against any claims and/or damages whatsoever, including legal fees relating to any infection, transmission, health condition influenced or otherwise impacted or complication by COVID-19.

 

Compliance with Government Entities.           Unique Travel Corp, its affiliates, and parent as well as Sandals Resorts and/or Sandals Resorts related entities shall have the right to comply with any and all orders, recommendations, or directions whatsoever given by any government entity or by persons purporting to act with such authority, and such compliance shall not be deemed a breach of the agreement or any agreement entitling the guests to assert any claim for liability, compensation or refund.

 

Travel Safety Warning: Due to the fact that travel and tourism are constantly in a state of flux, the Grand Prize Winner shall consult the U.S. State Department’s website at <travel.gov> and enter the name of the country(ies) that they plan to visit for the latest information concerning traveler safety, security, and health advisories.

All guests are responsible for checking the travel and entry protocols for the destination that they are travelling to before they depart and ensuring that they fully understand and comply with any such protocols. For example, for some destinations, may require all guests to be fully vaccinated and/or to obtain a negative PCR Covid-19 test a certain number of days pre-travel and post-travel. Please visit the travel.gov website before travel and check the official Government website for the country you are visiting. UTC and/or Sandals Resorts shall not be responsible for any additional costs incurred for any required test or any other pre-travel requirements.

10.            AIRFARE:        A reimbursement of actual costs incurred by the Grand Prize Winner for airfare.  The Sponsor will reimburse the Grand Prize Winner for airfare, in an amount not to exceed $1,000.  The Sponsor will not reimburse for airfare purchased using miles, points, or other vouchers. Details on how to obtain the reimbursement will be provided by the Sponsor to the Grand Prize Winner. Airfare is not provided by Unique Travel, Corp. nor Unique Vacations Inc.

11.            Runner Up Prize: Two (2) Runner Up Prize Winners will be chosen at random from all eligible entries. Each individual Runner Up Prize Winner (the “Runner Up Prize”) will receive:

(i)             A $500 gift card redeemable at https://my.toneitup.com/ for products and merchandise only. The gift card may not be used for other services, subscriptions, or fees, including Tone It Up subscription fees. The approximate retail value is $500. Actual value may vary based on various factors, including special promotions.

 

12.            The total approximate retail value of the Sandals Prize 2,460 and reimbursement of airfare from the Sponsor is $1,000. The total approximate value of each Runner Up Prize is $833. All federal, state and local taxes on each prize awarded are the sole responsibility of each Grand Prize Winner or Runner Up Prize Winner. Sponsor reserves the right to withhold taxes or other payments as it deems necessary to comply with applicable law. The Internal Revenue Service requires Form 1099-MISC (or successor form) to be issued and filed for any recipient who receives a prize if the annual aggregate value of the prize received is $600 or more. Sponsor will issue a Form 1099-MISC (or successor form) to each winner for the total approximate market value of the prize received; such approximate market value may be greater than the approximate retail value of the prize elements described above.

Each Entrant agrees that Sponsor may share information submitted by Entrant with any other person or entity for any purpose relating to the Sweepstakes, its promotion, or the exercise of Sponsor’s rights contemplated in these Official Rules.

13.            WINNER NOTIFICATION AND ANNOUNCEMENT. [Winners will be notified via email at the address provided at the time of entry by Tone It Up. Winners must reply to the winner notification within 24 hours in order to receive their prize. Failure to respond to email within 24 hours may result in forfeiture of participation in the Sweepstakes and, in such case, Sponsor may select an alternate Winner by random selection from all remaining eligible entries. Each potential Winner will be required to execute, or cause to be executed, and return a notarized affidavit of eligibility and liability release (where legally permissible) for no additional consideration. If the potential Winner fails to sign and return the affidavit of eligibility and the liability release, such potential Winner will be disqualified and an alternate entry may be selected in its place from all eligible entries received. Sponsor reserves the right to extend or modify the winner notification and announcement schedule as Sponsor deems necessary in its sole discretion to complete the verification process contemplated by these Official Rules and/or to select an alternate Winner. 

14.            PRIZE RESTRICTIONS:  In the event a Winner engages in behavior that (as determined by Sponsor in its sole discretion) is obnoxious or threatening, illegal, intended to threaten or harass any other person, or that in any way disparages or adversely affects the reputation, image, and/or goodwill of Sponsor, such behavior may, in Sponsor’s sole discretion, result in such Winner’s disqualification from the Sweepstakes and forfeiture of the Prize.

15.            GRANT OF RIGHTS: Each Entrant expressly authorizes the Sponsor Parties to post such Entrant’s photograph Sweepstakes entry to such Sponsor Party’s social media account. In such instances, the posting of such photograph will be for promotional purposes only.

16.            LIMITATION OF LIABILITY; RELEASE:  No liability or responsibility is assumed by Sponsor or any other Sponsor Party, UTC, Sandals Resorts (collectively, “Prize Providers”) resulting from Entrant’s participation in or attempt to participate in the Sweepstakes or ability or inability to submit any information in connection with participating in the Sweepstakes. No responsibility or liability is assumed by the Sponsor, Sponsor Parties, or Prize Providers for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Sweepstakes: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any email transmissions to be sent or received; lost, late, delayed or intercepted email transmissions; inaccessibility of the website for any reason; traffic congestion on the Internet or the website; unauthorized human or non-human intervention in the operation of the Sweepstakes, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Sweepstakes. Neither the Sponsor, Sponsor Parties, nor Prize Providers are responsible for any typographical errors in the announcement of the prizes or these Official Rules. The Sponsor, Sponsor Parties, and Prize Providers are not responsible for any cancellations, delays, diversions or substitutions or any act or omissions the other.

Entrant agrees that the releases in these Official Rules are intended to apply to all claims whether or not known or suspected to exist with the intent of waiving the effect of California Civil Code Section 1542 and other laws requiring the intent to release future unknown claims. If Entrant is a California resident, Entrant represents and warrants that you are familiar with Section 1542 of the California Civil Code, which provides as follows:

A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

With full awareness of and understanding of this provision, Entrant waives and voluntarily relinquishes any right or benefit Entrant may have under Section 1542 of the California Civil Code, and any similar provision of statutory or non-statutory law of any other jurisdiction, to the fullest extent that Entrant may lawfully waive all such rights and benefits pertaining the subject matter of these Official Rules.

17.            INDEMNIFICATION: Entrant agrees to indemnify, defend and hold the Sponsor Parties and/or Prize Providers harmless from and against any and all claims, damages, expenses, costs (including reasonable attorneys’ fees) and liabilities (including settlements), brought or asserted by any third party against any of the Sponsor Parties and/or Prize Providers due to or arising out of or reasonably related to Entrant’s participation in the Sweepstakes and/or receipt of a prize, including, but not limited to, bodily injury, death, property damage, violation or infringement of trademark, copyright, or other intellectual property rights, right of publicity, right of privacy and defamation.

18.            GENERAL TERMS AND CONDITIONS: Sponsor reserves the right to terminate, modify, or suspend this Sweepstakes due to any of an act of God; unavoidable accident; epidemic; pandemic, fire; blackout; act of public enemy; war, riot or civil commotion; enactment, rule, order or act of government, governmental instrumentality, or tribunal; strike, lockout, or other labor dispute; inclement weather; failure of third-party software or services; failure of essential production or technical personnel to appear or be available for production or broadcast; or other cause beyond Sponsor’s control. Sponsor is not responsible for lost, late, illegible, incomplete, damaged, mutilated, misdirected, misdelivered, or delayed entries, or for technical or human errors or failures of any kind in connection with the submission, transmission or processing of entries. SPONSOR WILL NOT BE OBLIGATED TO AWARD ANY PRIZE THAT RELATES TO OR ARISES OUT OF IMPROPER OR MISTAKEN PRIZE NOTIFICATION, OPERATION, OR FUNCTION OF THIS SWEEPSTAKES. SPONSOR RESERVES THE RIGHT TO CHANGE ANY TERM OF THESE OFFICIAL RULES OR TO ADDRESS ANY ISSUE THAT ARISES WITH UPDATES OR AMENDMENTS TO THESE OFFICIAL RULES AT ANY TIME UP TO THE DATE THAT A WINNER IS SELECTED. ALL DECISIONS BY SPONSOR ARE FINAL AND BINDING.

19.            WINNER INFORMATION: The names of the Winners may be obtained by sending a self-addressed, stamped envelope postmarked to: Tone It Up, Inc., 1110 Manhattan Avenue, Manhattan Beach, California 90266.

This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with any entity through which the Sweepstakes is promoted. Any questions, comments or complaints regarding this Sweepstakes should be directed to Sponsor.