WalMart Survey Sweepstakes Rules
Tone It Up Sweepstakes Rules
Last Updated: November 12, 2020
OFFICIAL RULES. NO PURCHASE OR SUBSCRIPTION NECESSARY TO ENTER THE SWEEPSTAKES. A PURCHASE OR SUBSCRIPTION DOES NOT INCREASE YOUR CHANCES OF WINNING.
Submitting an entry constitutes your full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which shall be final and binding on all matters relating to the Sweepstakes.
PLEASE READ: THESE RULES CONTAIN A MANDATORY ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS BY REQUIRING ANY DISPUTE BETWEEN YOU AND TONE IT UP, SUBJECT TO LIMITED EXCEPTIONS, TO BE RESOLVED BY 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 ARBIRATION AGREEMENT FOLLOWING THE OPT-OUT PROCEDURES IN SECTION 3 BELOW, YOU WILL BE BOUND BY THIS ARBITRATION AGREEMENT. BY ENTERING THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND EXPRESSLY AGREE TO THE MANDATORY ARBITRATION AGREEMENT AND CLASS ACTION WAIVER.
1. Sponsor: The Tone It Up Sweepstakes (“Promotion”) is sponsored by Tone It Up (“Sponsor”), the leading fitness and wellness community for women and owner of the Tone It Up App. Please read these Official Rules (the “Rules”) carefully as they constitute a legal agreement between you and Sponsor governing your participation in the Promotion. By entering the Promotion, you agree to be bound by the Rules. If you do not agree to be bound, please do not enter the Promotion.
2. Eligibility: The Promotion is open only to legal residents of the fifty (50) United States and the District of Columbia who are (a) eighteen (18) years of age or older as of the date of entry, (b) are located in one of the 50 States or D.C. at the time of entry; and (c) have received an email invitation to participate in the survey having participated in Sponsor’s free Tone It Up App promotion from September 2020.
All federal, state and local laws and regulations apply. Void where prohibited by law.
Employees, contractors, directors and officers of Sponsor (“Promotion Administrator”), and their respective parents, subsidiaries and affiliated companies, retailers, sales representatives, dealers, distributors, licensees and the advertising, fulfillment, judging and promotion agencies involved in the development and administration of this Promotion, and each of their respective officers, directors, employees and agents (collectively, “Promotion Parties”), and their immediate family members (parent, child, sibling and spouse of each, regardless of where they reside) and those living in the same households of each (whether related or not) are not eligible to participate or win. By participating in this Promotion you agree that you are 18 years of age or older at the time of your submission, an eligible US resident, and you are giving the Sponsor permission to contact you regarding your entry and or for future promotions & brand information if you choose to opt-in for future communication.
3. Mandatory Binding Arbitration & Class Action Waiver: By agreeing to these Rules, you agree that all disputes, claims, or causes of action arising from or related to these Rules, or the breach, termination, enforcement, interpretation, or validity thereof (collectively, “Disputes”), will be resolved through confidential, binding arbitration and not in a court of law in any jurisdiction, and not in a class, collective, representative, or consolidated action or proceeding, as further set forth below.
You and Sponsor agree that the Federal Arbitration Act (Title 9, U.S. Code) (the “Act”) shall govern any controversy or claim related to the Promotion or the Rules, including the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, notwithstanding any choice of law or other provision in these Rules. It is the parties’ intent that the Act and the rules promulgated by JAMS Mediation, Arbitration and ADR Services (“JAMS”) shall preempt all state laws to the fullest extent permitted by law. You and Sponsor further agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes concerning the interpretation, applicability, enforceability or formation of this Arbitration Agreement. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether this Agreement, in whole or in part, is unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
Class Action Waiver: You acknowledge and agree that you and Sponsor 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 Sponsor 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 Sponsor 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”) within 30 days following the date you first agree to these Rules, by email at firstname.lastname@example.org or by mail at Tone It Up, Inc., 1110 Manhattan Avenue, Manhattan Beach, California 90266. If mailed, the Opt-Out Notice must be post-marked no later than 30 days following the date you first agree to these Rules. 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 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 Sponsor.
Rules, Procedures & Governing Law: Arbitration proceedings will be administered in accordance with the Act and the rules promulgated by JAMS and any supplementary rules then in effect (the “JAMS Rules”), except as modified by these Rules. Discovery in said 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.
Arbitration may be conducted in person, through the submission of documents, by phone, online, or in person in in Los Angeles, California or at another mutually agreed location. All Disputes shall be resolved by one arbitrator; however, for Disputes exceeding $5,000,000, upon your or Sponsor’s request, the Dispute shall be decided by three Arbitrators. Payment of all filing, administration, and arbitrator fees will be governed by the JAMS Rules. We will reimburse those fees for claims totaling less than $10,000, unless the Arbitrator finds your Dispute frivolous.
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.
Changes to Arbitration Agreement or Class Action Waiver: Notwithstanding the provisions of this Section 3, if Sponsor changes any of the terms of this Section 3 after the date you first accepted these Rules (or accepted any subsequent changes to these Rules), you may reject any such change by sending us a written notice of such rejection within 30 days of the of the date such change became effective, as indicated in the “Last Updated” date above. This written notice must be provided either by email at email@example.com or by mail at Tone It Up, Inc. 1110 Manhattan Avenue, Manhattan Beach, CA 90266. In order to be effective, the notice must include your full name, address, and signature, and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and Sponsor in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Terms (or to any subsequent changes to the Terms).
The terms of this paragraph survive any termination of the Rules.
4. Promotion Period: The Promotion begins at 12:00 am Universal Time (“UTC”) on November 12 and ends 11:59 pm UTC on December 12 (the "Promotion Period").
5. How to Enter: No purchase necessary. To enter, during the Promotion Period be invited by Sponsor, follow the link to the survey website, and complete the survey online. Entrants must complete all required information. Once you have completed the survey, you will also receive one (1) Entry into the Prize Drawing.
Limit one (1) Entry per person/email address during the Promotion Period. Any attempt by any entrant to obtain more than one (1) Entry will void that entrant's Entries and that entrant may be disqualified and result in ineligibility to receive a prize. In the event of a dispute as to any Entry, the authorized account holder of the email address used for the free Tone It Up App Promotion from September 2020 will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. The potential winner (“Winner”) or winners (“Winners”) may be required to show proof of being the authorized account holder. If you enter using your mobile phone and need to be contacted by the Sponsor, standard data fees/rates may apply. See your wireless provider for pricing plan details. Entries generated by script, macro or other automated means and entries by any means which subvert the Entry process are void. All Entries become the sole property of the Sponsor and will not be returned, shared or sold however, it may be used in the Sponsor’s social channels and website at the Sponsor’s discretion, in compliance with applicable law.
The entrant agrees to the collection, processing and storage of his/her personal data by Sponsor for purposes of the Promotion 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.
7. Random Drawing: The potential Winner(s) will be selected in a random drawing, held on or about 12:00 pm UTC on December 15 from among all eligible entries received during the Promotion Period. Drawings will be conducted by Promotion Administrator, an independent judging organization whose decisions are final on all matters relating to the Promotion.
8. Winners: Ten (10) winners will be notified via email to the address provided on the official entry form and by having the gift card sent to the email address provided on the official entry form. No other notification will be provided. Any prize returned as undeliverable will be awarded to an alternate winner (by random selection). Except where prohibited by law, acceptance of a prize shall constitute and signify the Winner’s consent that the Sponsor may use the Winner’s name, address (city and state only), and likeness and any written statements made by the Winner about the Sweepstakes and Sponsor for promotional purposes, in all forms of media, including online on Facebook, Instagram, Twitter, etc., in perpetuity and without monetary payment or additional consideration, in compliance with applicable law.
9. Prizing: Winners will be randomly selected from all eligible entries to win. Odds of winning depend on the number of eligible entries received at the time winners are selected.
A total of 10 prizes will be awarded. Total individual prize value is approximately $25.00 U.S.D. All federal, state, and local taxes are the sole responsibility of the winner.
Any expenses not mentioned above are the Winner’s responsibility. Taxes are the Winner’s responsibility. Prizes are not transferable or redeemable for cash. No substitution for prize except as may be necessary due to unavailability of a specific prize item, in which case an item of equal or greater value will be awarded at the Sponsor’s sole discretion.
10. General Terms; Release & Waiver: By participating in the Promotion, entrants agree to be bound by these Official Rules. Participants in this Promotion, hereby waive and release, and agree to hold harmless Sponsor, its parent company, its subsidiaries, affiliates, advertising and promotion agencies, including the Promotion Administrators and its parent company, and all of their respective officers, directors, employees, representatives and agents, from and against, any and all rights, claims and causes of action whatsoever that they may have, or which may arise, against any of them for any liability for any matter, cause of thing whatsoever, including but not limited to any injury, loss, damage, whether direct, compensatory, incidental or consequential, to person, including death and property, arising in whole or in part, directly or indirectly, from their acceptance, possession, use or misuse of, or inability to use a prize in the Promotion, or their participation in the Promotion, or their participation in any Promotion or activity. Participants acknowledge that the Sponsor and other released entities and individuals have neither made, nor are in any manner responsible or liable for any warranty, representation, or guarantee, expressed or implied, in fact or in law, relative to the prize, including but not limited to its quality, mechanical condition, or fitness, except for any standard limited warranty offered by any manufacturer of the non-cash prize. Please note that by entering, you agree to have Sponsor contact you via email for reviews, feedback, etc. if you opt-in to receive future communication from the brand except where protected by law.
Sponsor and its agents are not responsible for lost, late, misdirected, damaged, incomplete or illegible entries or Internet technical, hardware, software, telephone, or transmission failures of any kind, which may limit a person’s ability to enter the Promotion. Sponsor and its agents are not responsible for any injury or damage to entrants’ or any other person’s computer related to or resulting from entering or downloading any materials in the Promotion. Sponsor reserves the right to cancel or suspend advertising the Promotion on the Internet should a computer virus, unauthorized intervention or other cause corrupt the integrity or proper conduct of the Promotion. Sponsor reserves the right to disqualify any entrant found to be disrupting the operation of the Promotion or Promotion Website. If the integrity of the Internet portion of the Sweepstakes is compromised in any manner, Sponsor reserves the right to modify Promotion and randomly select winners from valid entries received that are unaffected by the problem.
WARNING: ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY DAMAGE THE SPONSOR OR SPONSOR’S WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING
ATTORNEYS’ FEES) FROM ANY SUCH PARTICIPANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
In the event of a dispute as to the identity of any online entrant, entrant will be deemed the individual named on the online entry.
11. Venue/Governing Law: All issues and questions concerning these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of California, without giving effect to any choice of law or conflict of law rules (whether of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than California.
12. Winner List: To view the winners’ list for the Promotion, please visit https://my.toneitup.com/pages/WM-survey-sweepstakes-rules or send a self-addressed stamped envelope to: Tone It Up, Inc., November 2020 Survey Promotion Winners 1110 Manhattan Avenue, Manhattan Beach, CA 90266.
13. Promotion Administrator: Tone It Up, Inc. 1110 Manhattan Avenue, Manhattan Beach, CA 90266 https://my.toneitup.com/pages/WM-survey-sweepstakes-rules.