Official Rules

 

• NO PURCHASE OR PAYMENT OF ANY
  KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR
  PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
• VOID WHERE PROHIBITED BY LAW. 
• ENTRANTS (DEFINED BELOW) AGREE THAT ALL DISPUTES
  WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE
  ABILITY AND RIGHT TO BRING CLAIMS IN A CLASS ACTION FORMAT OR BRING CLAIMS
  IN A COURT OF LAW. 
• THIS SWEEPSTAKES IS IN NO WAY
  SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM, INC.
  (“INSTAGRAM”).

 

BY
ENTERING (OR OTHERWISE PARTICIPATING IN) THE SWEEPSTAKES, ENTRANTS AGREE TO
THESE OFFICIAL RULES, WHICH ARE A BINDING CONTRACT, SO READ THEM CAREFULLY
BEFORE ENTERING.  WITHOUT LIMITATION,
THIS CONTRACT INCLUDES INDEMNITIES TO THE SWEEPSTAKES ENTITIES FROM YOU AND A
LIMITATION OF YOUR RIGHTS AND REMEDIES.

1. 
Eligibility.  The ‘Therabody
Beauty Social Sweepstakes’ (the “Sweepstakes”) is open only to
individuals who are legal residents and physically located in the fifty (50)
states in the United States or the District of Columbia (excluding Rhode
Island) and who are at least eighteen (18) at the time and date
of entry.  Employees, officers and
directors of Therabody, Inc. (“Sponsor”), and each of Sponsor’s
affiliates, subsidiaries, advertising and promotion agencies, influencers that
promote the Sweepstakes, and other prize sponsors and providers (collectively
with Sponsor, the “Sweepstakes Entities”), and each of such employees’,
officers’ and directors’ immediate family members and/or those living in the
same household (whether legally related or not) of each are not eligible to
enter the Sweepstakes or win any prize(s). 
For purposes of this Sweepstakes, immediate family members are defined
as spouse, partner, parents, legal guardians, in-laws, grandparents, siblings,
children and grandchildren and those living in the same household shall mean
people who share the same residence at least three (3) months a year, whether
legally related or not.  Void where
prohibited by law.  By participating in
the Sweepstakes, each entrant unconditionally accepts and agrees to comply with
and abide by these “Official Rules” and the decisions of Sponsor,
including the interpretation of these Official Rules and its exercise of
discretion, which will be final and binding in all respects. 

 

2.  Entry
Period.  The
Sweepstakes begins on or about 9 a.m. PST on September 5th, 2025 and all
entries must be received by the Sponsor on or before 11:59pm PST on September 12th,
2025 (the “Entry Period”).  The
Sponsor’s designated database clock will be the official timekeeper for this
Sweepstakes.

 

3.  How to
Enter.  You may enter
this Sweepstakes via Instagram only.  To
participate and enter this Sweepstakes, you will need a mobile device (e.g.,
mobile phone or tablet) that can access the Internet and uses either the Apple
or Android platform. Additionally, you will need to download the Instagram
application from your mobile device’s app store and sign-up for an Instagram
account (“Instagram Account”) if you do not already have an Instagram
Account. Creating an Instagram Account is free. By submitting your information
and creating an Instagram Account however, you will be required to agree to the
Instagram terms of service and privacy policy. 
If you do not agree to Instagram’s terms of service and privacy notice,
you cannot create an Instagram Account or participate in this Sweepstakes via
Instagram.  After you obtain an Instagram
Account, log-in to your Instagram Account and follow the call-to-action as
instructed in any advertising for the Sweepstakes on how to receive an entry on
the Instagram platform during the Entry Period. 
Your choice to enter the Sweepstakes is voluntary, knowingly and
willful.  The call-to-action for this
Sweepstakes requires individuals who wish to enter (referred to herein as “entrants”,
“you” or “your”) to complete the following steps:

 

i.          Follow
@therabodybeauty

ii.         Tag
a friend in the comments

iii.        Like and this post

iv.          Bonus: comment "✨” on our last
five posts & share in stories

 

 

Sponsor may not receive entries that fail to strictly
follow the posting instructions set forth in these Official Rules and Sponsor
is not responsible for failure to see or receive an entry.  NOTE: Sponsor may not receive entries from
Instagram users with “private” account settings (i.e., user has set
their Instagram Account so that only people the user has approved can view
their photos) due to the way Instagram operates its service.  Sponsor, at its sole discretion, may accept a
technically incorrect unique term. 
Messages not received by Sponsor will not be entered into the
Sweepstakes. 

 

Limit of three (3) entries per person
for this Sweepstakes will be accepted. 
Subsequent attempts made by the same individual to submit multiple
entries by using multiple or false contact information, accounts or otherwise
may result in the entrant being disqualified by Sponsor, in Sponsor’s sole and
absolute discretion.  Entries generated
by a script, computer programs, macro, programmed, robotic or other automated
means are void and may be disqualified by Sponsor in Sponsor’s sole and
absolute discretion.  Entries that are in
excess of the stated limits, incomplete, illegible, corrupted, damaged,
destroyed, forged, false, lost, late or misdirected, deceptive or otherwise not
in compliance with the Official Rules may be disqualified from the Sweepstakes
at Sponsor’s sole and absolute discretion. 
Entries submitted by an entrant who does not meet the eligibility
requirements (including all requirements with respect to age and residence) are
void.  All materials submitted become the
physical property of Sponsor and will not be returned.  In the event of a dispute over the identity
of an online entrant, entry will be deemed submitted by the registered account
holder of the email address associated with the entry or social media account
for the domain associated with the submitted address provided that person is
eligible.  Winner(s) may be required to
show proof of being the registered account holder (the required evidence for
proof to be determined by Sponsor in its sole discretion).  Registered account holder is defined as the
person assigned to an email address by an Internet access provider, on-line
service provider or other organization responsible for assigning email
addresses.  In the event a dispute
regarding the identity of the individual who actually submitted an entry cannot
be resolved to Sponsor’s satisfaction, the affected entry will be deemed
ineligible.  Entries, comments and
content submitted or uploaded to Instagram in connection with this Sweepstakes
may not contain, depict or show any content that: (i) is sexually explicit or
suggestive, offensive, lewd, profane, obscene, or contains nudity or racist
innuendo; (ii) promotes any activities that may appear unsafe or dangerous, or
any political agenda or message; (iii) defames, misrepresents or contains
disparaging remarks about Sponsor or other companies; (iv) contains trademarks,
logos, or trade dress (such as distinctive packaging or building
exteriors/interiors) or copyrighted materials (including photographs, music,
sculptures, paintings, and other works of art or images published via websites,
television, movies or other media) owned by others, without written verified
permission; (v) contains any personal identification, such as license plate
numbers, last names, e-mail addresses or street addresses for any person other
than entrant, or otherwise infringes on the privacy of any person other than an
entrant; (vi) communicates messages or images inconsistent with the positive
image and goodwill of Sponsor; and/or (vii) violates any law.  Any entrant that fails to follow all of the
instructions, provide the required information in their entry form, or abide by
these Official Rules or other instructions of Sponsor may be disqualified by
Sponsor in Sponsor’s sole and absolute discretion.  All entrants submitting materials/content as
part of the Sweepstakes agree to license (with the unlimited right to
sublicense) to the Sweepstakes Entities the non-exclusive right to use such
materials, and the images related thereto (including entrant’s name, social media
account username and likeness), for any purpose (including, without limitation,
any and all commercial purposes) with the right to modify the materials and
make derivative works thereof.  Each
entrant represents and warrants that the materials submitted will not infringe
or violate any right whatsoever, including, without limitation, any personal
rights (e.g., defamation, privacy, false light, moral right, etc.) or any
property rights (e.g., copyright, trademark, right to ideas, etc.) of
any person or entity and the use thereof will result in no third party
liability or obligations.  The
Sweepstakes Entities may, in their sole discretion, run multiple standalone
campaigns, contests, sweepstakes or other promotions simultaneously.  Entry into one (1) campaign, contest or
sweepstakes does not constitute entry into any other.

 

4.  Selection
of Winner(s) and Claiming of Prize(s).  There will be one (1) winner selected in this
Sweepstake.  The potential winners will
be selected through a random drawing on or about September 13th, 2025 from all
eligible entries received in accordance with these Official Rules.  Sponsor will have complete discretion over
interpretation of the Official Rules, of administration of the Sweepstakes, and
of selection of the winner(s).  Decisions
of the Sponsor as to the selection of the winner(s) will be final.  The potential winner(s) will be notified
through a post on the potentially winning entry or through a direct message on
Instagram (method to be selected by Sponsor in its sole discretion) in a
commercially reasonable time after the drawing. The potential winner(s) must
respond as required in the initial notification and within twelve (12) hours of
the first attempted notification (or such other shorter period as the Sponsor
may or may not specify).  If a winner
notification remains unanswered for more than twelve (12) hours, the prize(s)
will be forfeited in its entirety and an alternate potential winner will be
selected by Sponsor in Sponsor’s sole and absolute discretion.  The Sweepstakes Entities are not responsible
for false, incorrect, changed, incomplete or illegible contact
information.  The Sweepstakes Entities
are not responsible for electronic communications that are undeliverable as a
result of any form of active or passive filtering of any kind, or insufficient
space in entrant’s email account to receive email messages. 

 

Each potential winner may be required to submit an
affidavit of eligibility / release of liability / prize acceptance agreement
(including a copy of a government ID) (collectively, the “Affidavit”)
and return the Affidavit within twelve (12) hours of notification before being
eligible to receive his or her prize(s). 
If any potential prize winner fails or refuses to sign and return such
Affidavit within the time period required by Sponsor or if the prize or prize
notification is returned as rejected, faulty, unclaimed or returned as
undeliverable to such potential prize winner, such potential prize winner may
be disqualified and an alternate may be selected.  Non-compliance shall result in disqualification
and award of the prize(s) to an alternate winner.  Parents or legal guardians of any prize
winner under the age of majority in their state/jurisdiction of residence
(which is eighteen (18) in most states but is nineteen (19) in Alabama and
Nebraska and twenty-one (21) in Mississippi) may be required to also sign the
Affidavit in order for the prize winner to be qualified to receive their
prize(s) or Sponsor may disqualify the potential prize winner for failure to
obtain their parent or legal guardian’s consent.  If any potential prize winner is found to be
ineligible, or if they have not complied with these Official Rules, or if the
potential prize winner cannot attend or participate in any portion of the prize,
or declines a prize for any reason prior to award, such potential winner may be
disqualified and an alternate potential winner may be selected.  If, for any reason, more bona fide winner(s)
come forward seeking to claim prizes in excess of the number of each type of
prize set forth in these Official Rules, the winner(s), or remaining winner(s),
as the case may be, of the advertised number of prizes available may be
selected in a random drawing from among all persons making purportedly valid
claims for such prize(s).  Inclusion in
such drawing shall be each entrant’s sole and exclusive remedy under such
circumstances.  The Sweepstakes Entities
are not responsible for and shall not be liable for late, lost, damaged,
intercepted, misdirected, or unsuccessful efforts to notify the potential
winner(s), or if a potential winner is a minor, for late, lost, misdirected, or
unsuccessful efforts of a potential winner to provide signed parental or
guardian consent.

 

5.  Odds.  Odds of winning will depend upon the total
number of entries received.

 

6. 
Prize(s) and Values. The prize(s) to be awarded in this
Sweepstakes is/are: winner will receive one (1) TheraFace Mask (ARV $650 USD). Prize(s)
are non-transferable, with no cash redemptions, equivalents or substitutions
except at Sponsor’s sole and absolute discretion.  All prize details not specified in these
Official Rules will be determined in Sponsor’s sole and absolute discretion.  Prize details and availability are subject to
change and prize provider’s rules and restrictions, and in the event that
Sponsor is unable to provide the winner(s) with his or her prize(s), the
Sponsor may elect to provide winner(s) with the approximate value of such item
in cash or award an alternate prize of comparable or greater value.  All prize(s) are awarded “AS IS” and without
warranty of any kind, express or implied (including, without limitation, any
implied warranty of merchantability or fitness for a particular purpose).  Winner(s) will be solely responsible for all
federal, state and/or local taxes, and for any other fees or costs associated
with the prize(s) they receive, regardless of whether they, in whole or in
part, are used.  The approximate retail
value (“ARV”) of the prize(s) is based on available information provided
to Sponsor and the value of any prize awarded to a winner may be reported for
tax purposes as required by law.  The
winner(s) may be required to provide Sponsor with a valid social security
number before the prize(s) will be awarded for tax reporting purposes.  An IRS Form 1099 may be issued in the name of
winner(s), or if a minor in the jurisdiction in which s/he resides, in the name
of his/her parent or legal guardian, for the actual value of the prize(s)
received.  Unclaimed prize(s) will be
forfeited.  Prize(s), if legitimately
claimed, will be awarded.  The
Sweepstakes Entities are not responsible for and will not replace any lost,
mutilated or stolen prize(s) or any prize that is undeliverable or does not
reach the winner because of an incorrect or changed address.  If a winner does not accept or use the entire
prize, the unaccepted or unused part of the prize will be forfeited and the
Sweepstakes Entities will have no further obligation with respect to that prize
or portion of the prize.  No more than
the stated prize(s) will be awarded.  The
total ARV of the prize(s) awarded in this Sweepstakes is six hundred and fifty dollars
($650 USD). The Sweepstakes Entities are not responsible for and winner will
not receive the difference, in any, between the actual value of the prize(s) at
the time of award and the stated ARV in these Official Rules or in any
Sweepstakes-related correspondence or material. 
Limit of one (1) prize per person. 

 

7.  Publicity
Release.  By
submitting or sharing a message, story, testimonial, quotation, text, comment,
photograph, video, audio recording, or other submission (collectively,
“Content”) to enter the Sweepstakes, and subject to applicable law, entrant
irrevocably grants to the Sweepstakes Entities, for good and valuable
consideration (the receipt and sufficiency of which is hereby  acknowledged),  the  
right   to  edit,  
copy,   reproduce,   incorporate,   distribute,  
publicly   display   or otherwise   use  
such   Content   and  
any   materials(s)   depicted  
therein,   or   any  
portions,   reproductions,
derivations,   complications   or  
versions   thereof,  in  
and   in   connection  
with   Sweepstakes Entities’
promotional materials, website, social media pages, or as otherwise desired by
the Sweepstakes Entities, without limitation as to time, territory or medium
(be it now known or hereafter devised), and without compensation or liability
of any kind. Subject to applicable law, entrants and winner(s) irrevocably
grant the Sweepstakes Entities, and each of their licensees, and its and their
successors, assigns and sub-licensees, the right and permission to use their
name, voice, likeness and/or biographical material for advertising, promotional
and/or publicity purposes in connection with the Sweepstakes, in all forms of
media and by all manners (now and hereafter known), including but not limited
to its website and social media pages, and on and in connection with related
products, services, advertising and promotional materials (now known or
hereafter developed), worldwide, in perpetuity, without any obligation, notice
or consideration, except for the awarding of the prize(s) to the winner(s).

 

8.  Tampering
with Sweepstakes.   The
Sweepstakes Entities are not responsible for the actions of entrants or others
in connection with the Sweepstakes, including entrants’ attempts to circumvent
the Official Rules or otherwise interfere with the administration, security,
fairness, integrity or proper conduct of the Sweepstakes.  Persons found tampering with or abusing any
aspect of this Sweepstakes, or whom Sponsor believes to be causing malfunction,
error, disruption or damage may be disqualified.  Additionally, any attempt to cheat the
Sweepstakes, as determined at the sole and absolute discretion of Sponsor, may
result in immediate disqualification of the entrant, as well as other possible
consequences, including disqualification from any and all existing and future
sweepstakes.  ANY ATTEMPT BY A PERSON TO
DAMAGE ANY WEBSITE (INCLUDING ANY SOCIAL MEDIA PLATFORM) OR UNDERMINE THE
LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND
CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO
SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON TO THE
FULLEST EXTENT PERMITTED BY LAW.  Sponsor
reserves the right, at its sole and absolute discretion, to disqualify (or
terminate the prize(s) of) any individual who is found to be, or suspected of,
acting in violation of these Official Rules, or to be acting in an
unsportsmanlike, obscene, immoral or disruptive manner, or with the intent to
annoy, abuse, threaten or harass any other person.

 

9.  Suspension
/ Modification / Termination.  In the event Sponsor is prevented from
continuing with the Sweepstakes by any event beyond its control, including, but
not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or
strike, act of God or public enemy or act of government(s), communications or
equipment failure, utility or service interruptions, riot or civil disturbance,
terrorist threat or activity, war (declared or undeclared), interference with
the Sweepstakes by any party, or any federal, state, local or provincial
government law, order, or regulation, order of any court or jurisdiction, or
other cause not reasonably within Sponsor’s control (each a “Force Majeure”
event or occurrence), Sponsor shall have the right, at any time, to modify,
suspend or terminate the Sweepstakes or prize(s).  Sponsor additionally reserves the right, in
its sole and absolute discretion: (a) to modify, suspend or terminate the
Sweepstakes should causes beyond Sponsor’s control corrupt or interfere with
the administration, integrity, operation, security or proper play of the
Sweepstakes; or (b) to disqualify any entrant found to be, or suspected of: (i)
tampering with the entry process or the operation of the Sweepstakes; (ii)
acting in violation of these Official Rules; or (iii) acting in an
un-sportsmanlike manner, as determined in Sponsor’s sole discretion.

 

10.  Waivers,
Disclaimers and Releases.  By participating in the Sweepstakes, entrant
agrees to release, discharge, indemnify and hold harmless the Sweepstakes
Entities, Instagram, and each of their respective directors, officers,
employees, agents, successors and assigns (“Released Parties”) from and
against any and all claims, liability, costs (including attorneys’ fees),
losses, damages, fines or injuries (up to and including bodily injury and
death) of any kind arising out of or related to: (i) entrant’s participation in
the Sweepstakes (including travel to/from any Sweepstakes activities); (ii) any
acceptance, possession, misuse or use of any prize(s) (including, without
limitation, losses, damages or injuries to entrant’s or any other person’s
equipment or other property, or to their persons, including those arising from
any travel to/from any prize event or activity); (iii) the Released Parties’
violation of rights of publicity or privacy, claims of defamation or portrayal
in a false light or based on any claim of infringement of intellectual
property; (iv) any typographical, human or other error in the publishing,
online or otherwise, printing, offering, selection, operation or announcement
of any Sweepstakes activity and/or prize(s); and (v) any third parties that act
in a fraudulent manner and replicate the Sweepstakes without permission from
Sponsor (e.g., act in a manner that suggest they are associated with the
Sweepstakes when they are not).  Without
limiting the generality of the foregoing, entrants agree that the Released
Parties have neither made nor will be in any manner responsible or liable for
any warranty, representation or guarantee, express or implied, in fact or in
law, in connection with the Sweepstakes and/or with respect to prize(s),
including, without limitation, to any prize’s quality or fitness for a
particular purpose.  Each entrant agrees
that the Released Parties shall have no responsibility or liability for
discontinued prize(s); human error; incorrect or inaccurate transcription of
registration and/or account information; any technical malfunctions of the
telephone network, computer online system, computer dating mechanism, computer
equipment, software, or Internet service provider utilized by Sponsor
interruption or inability to access the website, application or any online
service via the Internet due to hardware or software compatibility problems;
any damage to participant’s (or any third person’s) computer and/or its
contents related to or resulting from any part of the Sweepstakes; any
lost/delayed data transmissions, omissions, interruptions, viruses, bugs,
defects; and/or any other errors or malfunctions, even if caused by the
negligence of the Released Parties.  Each
entrant further agrees to indemnify and hold harmless the Released Parties from
and against any and all liability resulting or arising from the Sweepstakes and
to release all rights to bring any claim, action or proceeding against Released
Parties and hereby acknowledge that the Released Parties have neither made nor
are in any manner responsible or liable for any warranty, representation or
guarantee, express or implied, in fact or in law, relative to a prize,
including express warranties provided exclusively by a prize supplier that may
be sent along with a prize.  The Released
Parties are not responsible for any changes or unavailability of the social
media platform used for purposes of administering this Sweepstakes that may
interfere with the Sweepstakes (including any limitations, any restrictions, or
any conditions on Sponsor’s ability to use the social media platform for the
Sweepstakes as set forth herein that are not acceptable to Sponsor) or ability
of entrant to timely enter, receive notices or communicate with Sponsor via the
social media platform, in which case Sponsor, in its sole discretion, may
terminate or modify the Sweepstakes.  If
entrant is an eligible minor, their parent or legal guardian must agree to
these Official Rules, including, without limitation, this Section.

 

11.  Entry Information and Sweepstakes
Communications.  As a
condition of entering the Sweepstakes, each entrant gives consent for Sponsor
to obtain and deliver their name, address and other information to third
parties for the purpose of administering this Sweepstakes and to comply with
applicable laws, regulations and rules. 
Any information entrant provides to Sponsor may be used to communicate
with entrant in relation to this Sweepstakes or on a Sweepstakes winner’s list.

 

12.  Governing
Law / Limitation of Liability.  All issues and questions concerning the
construction, validity, interpretation and enforceability of these Official
Rules or the rights and obligations of entrants, Sponsor and/or the Released
Parties in connection with the Sweepstakes will be governed by and construed in
accordance with the internal 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 laws.

 

BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO
THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND
CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE
AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS
ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL
THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS
($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; AND
(C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD
FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK,
PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY
OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN
DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE
INCREASED.  SOME JURISDICTIONS DO NOT
ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO
YOU. 

13.  Dispute
Resolution.  The parties
each agree to finally settle all disputes only through arbitration; provided,
however, the Sponsor shall be entitled to seek injunctive or equitable relief
in the state and federal courts in Los Angeles County, California, and
any other court with jurisdiction over the parties.  In arbitration, there is no judge or jury and
review is limited.  The arbitrator’s
decision and award is final and binding, with limited exceptions, and judgment
on the award may be entered in any court with jurisdiction.  The parties agree that, except as set forth
above, any claim, suit, action or proceeding arising out of or relating to this
Sweepstakes shall be resolved solely by binding arbitration before a sole
arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”)
or any successor to JAMS.  In the event
JAMS is unwilling or unable to set a hearing date within fourteen (14) days of
the filing of a “Demand for Arbitration”, then either party can elect to have
the arbitration administered by the American Arbitration Association (“AAA”)
or any other mutually agreeable arbitration administration service.  If an in-person hearing is required, then it
will take place in Los Angeles County, California.  The federal or state law that applies to
these Official Rules will also apply during the arbitration.  Disputes will be arbitrated only on an
individual basis and will not be consolidated with any other proceedings that
involve any claims or controversy of another party, including any class
actions; provided, however, if for any reason any court or arbitrator holds
that this restriction is unconscionable or unenforceable, then the agreement to
arbitrate doesn’t apply and the dispute must be brought in a court of competent
jurisdiction in Los Angeles County, California. 
Sponsor agrees to pay the administrative and arbitrator’s fees in order
to conduct the arbitration (but specifically excluding any travel or other
costs of entrant to attend the arbitration hearing).  Either party may, notwithstanding this
provision, bring qualifying claims in small claims court.

 

14.  List of Sweepstakes Winner(s).
 To receive a list of winner(s), send
a stamped, self-addressed envelope, within sixty (60) days of expiration of the
Entry Period, to: “Sweepstakes Winners List”, c/o Therabody, Inc., 1640 S Sepulveda Blvd. #300, Los
Angeles, CA 90025 (Attn:
Legal).  Please indicate which
Sweepstakes winners list you are requesting by referencing the name of the
Sweepstakes in your request.

 

15.  Miscellaneous.  The invalidity or unenforceability of any
provision of these Official Rules or the Affidavit will not affect the validity
or enforceability of any other provision. 
In the event that any provision of the Official Rules or the Affidavit
is determined to be invalid or otherwise unenforceable or illegal, the other
provisions will remain in effect and will be construed in accordance with their
terms as if the invalid or illegal provision were not contained herein.  Sponsor’s failure to enforce any term of
these Official Rules will not constitute a waiver of that provision.  Entrants agree to waive any rights to claim
ambiguity of these Official Rules. 
Headings are solely for convenience of reference and will not be deemed
to affect in any manner the meaning or intent of the documents or any provision
hereof.  In the event there is a
discrepancy or inconsistency between disclosures or other statements contained
in any Sweepstakes-related materials, privacy policy or terms of use on any
website, social media platform or application and/or the terms and conditions
of the Official Rules, the Official Rules shall prevail, govern and control and
the discrepancy will be resolved in Sponsor’s sole and absolute discretion. 

 

16.  Identification
of Sponsor/Administrator.  This Sweepstakes is sponsored and
administered by Therabody,
Inc., 1640
S Sepulveda Blvd. #300, Los Angeles, CA 90025. 
Reference to third parties in connection with prize(s) and/or third-party
websites or services are for reference and identification purposes only and not
intended to suggest endorsement, sponsorship or affiliation with Sponsor or the
Sweepstakes.