ICE BARREL INSTAGRAM GIVEAWAY
IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR PARTICIPATING IN THE ICE BARREL ULTIMATE NEW YEARS GIVEAWAY, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT ACCESS OR PARTICIPATE IN THE ICE BARREL ULTIMATE NEW YEARS GIVEAWAY.
*NO PURCHASE IS NECESSARY TO ENTER OR WIN
1. ELIGIBILITY: Ice Barrel Instagram Giveaway (“Giveaway”) is open to legal residents of the lower 48 United States and the District of Columbia who are 18 years of age or older as of date of Giveaway entry. The Sponsor has the right at any time to require a Giveaway participant (the “Entrant”) to provide proof of identity or eligibility to participate in the Giveaway. Failure to provide such proof within the five (5) days following such a request by the Sponsor may lead to the Entrant being disqualified, at the sole discretion of the Sponsor.
Entrants may not be members of any guild, union, or other organization that may prohibit them from participating in this Giveaway or that would restrict, require due payment, or otherwise have the right to oppose such Entrant’s participation in this Giveaway. Directors, officers, employees, agents, independent contractors and shareholders of the Sponsor, and their immediate family members (including spouses, parents, siblings, children, and their respective spouses) and/or those living in the same household of each are not eligible. All information provided to the Sponsor for the purpose of the Giveaway must be truthful, accurate, and complete.
In order to be eligible, Entrant must follow these Official Rules. Failure to comply with these Official Rules may result in ineligibility. No purchase necessary.
This Giveaway is void outside the United States of America and where prohibited by law.
2. TO ENTER GIVEAWAY
The Entrant can enter to win on January 1st, 2023. There are no limits on the number of entries. The chances of winning depends upon the number of Entrants. All Entrants have to do to enter is post a photo or video of taking the polar plunge (in any safe body of water) on New Year’s day, follow @icebarrel, @onnit, @sisu_sauna, @civanaresort, @kineon_labs, @crossropejumpropes, @goruck, @human.improvement, @brianmazza on Instagram, and provide name and email address and check the box to consent to these terms and conditions on the official Ice Barrel giveaway webpage (https://icebarrel.com/ultimate-giveaway/).
This Giveaway is sponsored by Ice Barrel Inc. DBA Ice Barrel, Onnit, Sisu Sauna, Civana Resort, Kineon Labs, Crossrope, GoRuck, Human Improvement, and Brian Mazza (collectively, “Sponsor”).
Subject to compliance with all eligibility requirements, the Entrants can win the following Prizes:
- 2 night retreat for 2 guests at Civana Resort, including spa service, $300 food and beverage credit, private transportation, and a $700 flight credit.
- Onnit Alpha Brain Collection of products including: Alpha BRAIN®, Alpha BRAIN® Black Label, and Alpha BRAIN® Instant along with a Kettlebell set.
- Sisu Sauna “The Eddy” (2-person) Barrel Sauna.
- Kineon The Move+ and LED Laser Red Light Therapy Device.
- CrossRope set of jump ropes.
- 1 GORUCK and 1 pair of Ballistic Trainers.
- Human Improvement 1 year subscription.
The Prize must be accepted as awarded and cannot be transferred or exchanged for cash. No substitution of the Prize is permitted, except at the sole discretion of the Sponsor. The Sponsor may replace the Prize, or any part of the Prize, with another prize of equal or greater value. Any portion of the Prize not accepted by the Winner will be forfeited.
4. WINNER SELECTION:
On or about January 8th, 2023, the Winners will be selected by the Sponsor among all eligible entries to win the Prize. The Prize Winners will be contacted via Email, mentioned in an Ice Barrel Instagram Story, and Direct Messaged on Instagram.
If the Sponsor does not receive a response from Winners within twenty-four (24) hours of Sponsor’s notification to Winners, or the Winners decline the Prize or fails to meet Sponsor requirements, such Winners may be disqualified, and the Prize will either be forfeited or awarded to an alternate Winner. The alternate Winner will then in turn be subject to disqualification if he/she does not adhere to the present paragraph. Sponsor’s decisions will be final and binding in all matters related to the Giveaway. Sponsor shall have no liability for any notification to Winner that is lost, intercepted, delayed, or not received by the potential winner for any reason.
No transfer, substitution, or cash equivalent for any prizes will be permitted, except at the sole discretion of the Sponsor due to unavailability of the Prize for any reason, including but not limited to cancellation, scheduling conflicts, or force majeure. Sponsors may substitute Prizes of equal or greater value.
The Prize does not include taxes, insurance, personal expenses, gratuities, incidental charges, or any other items not specifically described in these Official Rules and all expenses for any of the foregoing are the sole responsibility of the Winners. The Winner is responsible for reporting and paying all federal, state, and local taxes incurred in association with Winner’s receipt of the Prize.
5. GENERAL TERMS
By participating in the Giveaway, Entrant agrees: (a) to release Sponsor and their agents from all liability, loss, or damage arising out of or relating to the Giveaway, including interpretation of these Official Rules, decisions by the Sponsor, Entrant’s acceptance and use/misuse of the Prize; (b) to abide and be bound by these Official Rules and the decisions of the Sponsor and comply with all Sponsor and Official Rules requirements; and (c) that Sponsor, their affiliates, and licensees may use Entrants’ names, personal information, and statements made by Entrant to Sponsor and information on the entry form for advertising and promotional purposes in all media worldwide without additional compensation. Entrant irrevocably grants to Sponsor the unrestricted right to edit, modify, use, publish, display, broadcast, distribute and copyright materials bearing Entrant’s name, voice, likeness and/or any other identifiable representation of Entrant, including, but not limited to, statements attributable to Entrant (“Entrant’s Likeness”). Entrant agrees that all material containing Entrant’s Likeness shall be and remain the sole and exclusive property of Sponsor, and Entrant hereby assigns any and all rights in or to such material to Sponsor and releases and forever discharges Sponsor from any and all claims, liabilities and damages relating to the use of Entrant’s Likeness. Entrant hereby waives any and all rights to inspect or approve Sponsor’s use of the Submission or Entrant’s Likeness, or any part or element thereof. Sponsor does not make any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the use of any Prize, including, without limitation, quality, merchantability, and fitness for a particular purpose. This Giveaway is subject to all applicable federal, state and local laws and regulations. Any prizes that are not duly claimed in accordance with these Official Rules will not be awarded.
Any attempt to damage the Sponsor site, the Sponsor page, the Sponsor Instagram page or any other website related to the Giveaway, or undermine the legitimate operation of this Giveaway constitutes a violation of criminal and civil law. Should such a case occur, the Sponsor reserves the right to seek damages and remedies to the fullest extent permitted by law, including criminal prosecution.
Although this Giveaway will be relayed on Instagram via publications made using the account of the Sponsor, the Giveaway is in no way sponsored, endorsed, or administered by Instagram, nor is Instagram affiliated with the Giveaway. All Entrants recognize that in participating in the Giveaway they are providing their information to the Sponsor, and not to Instagram. Each Entrant releases Instagram from all responsibility. Any questions, comments, or complaints concerning the Giveaway must be addressed to the Sponsor of the Giveaway and not to Instagram.
6. TRANSFER AND CONDUCT
The transfer of status as an unofficial winner by an ineligible person to an eligible person is strictly prohibited.
The Sponsor reserves the right, at its sole discretion, to disqualify an Entrant who:
a. Violates these Official Rules;
b. Alters or attempts to alter the participation process or the operation of the Sponsor site or Instagram page;
c. Acts in an unsportsmanlike or disruptive manner, or has the intention to disrupt, abuse, threaten or harass another person.
The official version of these Official Rules is the English language version. In the event of contradictions or discrepancies between different language versions of these Official Rules, the English language version takes precedence. Entrants must submit all materials and information in English. Sponsors are not responsible for translation of any submissions or information provided in another language. Failure to submit required information in English may result in disqualification.
8. PERSONAL INFORMATION
Any personal information that Entrant submits in connection with the Giveaway will be collected and used by the Sponsor and their authorized agents to administer the Giveaway and to award prizes. Entrant’s personal information may also be used to send additional information about Sponsor and its affiliates, and each of their respective products and programs via electronic and ordinary mail. Except as set forth herein, Entrant’s personal information will not be used for any other purpose and will not be shared with anyone else unless required by law.
By accepting a Prize, the Winner grants permission to the Sponsor to use his name, address, photos, likeness, voice, and information related to the Prize for promotional purposes without any further compensation, unless prohibited by law.
9. DISCLAIMER AND RELEASE OF LIABILITY
None of Sponsor, its subsidiaries, affiliates, advertising/promotion agencies, and all of their respective directors, officers, employees, representatives, and agents (“Giveaway Entities”) is responsible for, and by participating in the Giveaway each Entrant releases each of the foregoing from any and all liability associated or resulting from any miscommunications, printing errors, clerical, typographical or other error in any Giveaway materials or printed copy or artwork, or any prize offering announcement, any errors of any kind, whether human, mechanical, clerical, electronic, digital or technical in nature, or unauthorized human intervention, any losses, damages or injuries of any kind, including but not limited to those related to defamation, portrayal in a false light or privacy rights, resulting from or in connection with participation in the Giveaway or from acceptance, receipt, possession and/or use or misuse of a prize, including from the posting or publication of any information or portion thereof online or in any media, any incorrect or inaccurate entry information, human error, technical malfunction, failures, omission, interruption, deletion, or defect of any telephone network, computer online systems, computer equipment, servers, access providers, or software, including any injury or damage to Entrant’s or any other persons’ computer relating to or resulting from participation in this Giveaway; inability to access the website or any pages thereof; theft, tampering, destruction, or unauthorized access to, or alteration of entries; entry submissions that are processed late or incorrectly or are incomplete, garbled, or lost due to computer or electronic malfunction or traffic congestion on the Internet or any website. Proof of entering information at website is not considered proof of delivery or receipt. All dates (if any) set forth in these Official Rules are approximate.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT TO THE CONTRARY, SPONSOR SHALL NOT BE LIABLE TO ENTRANT OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOST PROFITS), EVEN IF SPONSOR HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
SPONSOR RESERVES THE RIGHT TO TERMINATE, SUSPEND, WITHDRAW, OR AMEND THE GIVEAWAY FOR ANY REASON IN ITS SOLE DISCRETION.
10. GOVERNING LAW; JURISDICTION
This Giveaway will be governed by and construed in accordance with the laws of the State of Ohio without regard to conflict of law principles.
11. ARBITRATION DISCLOSURE
By participating in the Giveaway, each Entrant agrees that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) Entrant may have against any of the Giveaway Entities arising out of, relating to, or connected in any way with the Giveaway, the awarding or redemption of prizes, or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by American Arbitration Association (“AAA”) and conducted before a sole arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”); (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided such location is reasonably convenient for Entrant), or at such other location as may be mutually agreed by the Entrant and Sponsor; (4) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the Entrant may have entered into in connection with the Giveaway; (5) the arbitrator shall apply Ohio law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis as Entrant and Sponsor hereby waive the right to assert claims in any class or representative action; arbitration can thus decide only the Entrant’s and/or Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) to the extent permitted by law, the arbitrator shall not have the power to award punitive, incidental or consequential damages against the Entrant or Sponsor; and (8) if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. For more information on AAA and/or AAA Rules and Procedures, Entrants may visit the AAA Website at http://www.adr.org/.
These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Giveaway materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control.
13. FORCE MAJEURE
Sponsor reserves the right, without prior notice and at any time, to terminate the Giveaway, in whole or in part, or modify or suspend the Giveaway, or any portion thereof, in any way, if it determines, in its sole discretion, that the Giveaway is impaired or corrupted or that fraud, breach of confidentiality, or technical problems, failures or malfunctions have destroyed or severely undermined the integrity and/or feasibility of the Giveaway. In the event Sponsor is prevented from continuing with the Giveaway as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health or other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, or terminate the Giveaway. Only the type and quantity of prizes described in these Official Rules will be awarded. If, due to printing, production, or human errors, or for any reason, more potential winners in any prize category come forward seeking to claim prizes in excess of the number of each type of prize as set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available in the prize category in question may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s) in that prize category. Inclusion in such drawing shall be each Entrant’s sole and exclusive remedy under such circumstances.