BALANCE ATHLETICA GIVEAWAY
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
ONLY UNITED STATES RESIDENTS ARE ELIGIBLE TO ENTER AND WIN GIFT CARD GIVEAWAYS. VOID WHERE PROHIBITED.
- ADMINISTRATION. Balance Athletica, LLC, a Colorado limited liability company (“Balance”) is a family owned and operated company creating inspired athleisure designed to empower everybody. The Balance Athletica website (www.balanceathletica.com) (the “Website”) allows eligible individuals (see restrictions below) to enter the giveaways hosted on the Website and applicable social media platforms (each a “Giveaway”).
- NOTICE REGARDING DISPUTE RESOLUTION. These official rules contain terms that govern how claims between you and the Balance relating to your participation in a Giveaway will be resolved. For example, Section 12 includes an arbitration agreement and waiver of a class action that requires you to submit all claims to arbitration (instead of going to court before a judge and jury) and limits your ability to bring claims only in an individual capacity (and not as part of or on behalf of any a class action or purported collective or representative claim or proceeding).
ELIGIBILITY: Open to individuals who (a) are at least 18 years of age or older if local rules and regulations provide for a greater age of consent at time of entry; (b) are not in one or more of the “Prohibited Persons” categories listed below. Any entry submitted by an ineligible person will be void.
Prohibited Persons. The following individuals are not eligible to enter or win:
- Employees of the Balance, any promotional partners, their affiliates, subsidiaries, and agents (collectively, “Promotional Parties”);
- Promotional Parties’ immediate family members (meaning spouse, parent, child, sibling, and their respective spouses, regardless of where they reside) and those living in the same household as Promotional Parties, whether or not related.
- Prohibited Persons. The following individuals are not eligible to enter or win:
- HOW TO ENTER: You can enter in the following ways:
- Purchase and Enter. To enter by this method, purchase any item on the Website to receive one entry into the applicable Giveaway. Each item purchased in accordance with these rules will award one entry.
- Enter for Free. To enter for free, please visit: [URL], follow the instructions to complete the “Alternative Method of Entry” form, and then submit the completed form to receive one entry into the applicable Giveaway. The “Alternative Method of Entry” form may be completed multiple times to receive additional entries.
- Comment and Enter. To enter by this method, post in the comments section of the Balance post promoting the Giveaway to receive one entry into the applicable Giveaway.
- ENTRY RESTRICTIONS.
- Email Address Requirements. To receive valid entries, you must provide a valid email address for which you are the authorized owner. Multiple entrants may not share the same email address. In the event of a dispute as to the identity of any entrant, the authorized account holder of the email address used to enter 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. Potential Winners and/or Winners (as defined below) may be required to show proof of being the authorized account holder. Any entries connected to an invalid, non-working, or inactive email address, or linked to an authorized account holder other than an entrant, are void and ineligible to win. Any conduct in violation of this Section is strictly prohibited and will void all entries for that entrant.
- No Automated Entry. Use of any robotic, automatic, programmed, or similar entry method will void all entries and result in disqualification.
- DRAWING: Potential winners of a Giveaway (the “Potential Winner”) will be randomly drawn from among all eligible entries received at least 72 hours after the post is made by Balance. Odds of winning will depend on the number of qualified entries. Potential Winners will be notified by email or Instagram direct message by Balance. Failure to respond within a 48-hour time period will result in forfeiture of prize and Balance may award the prize to an alternate winner. The return of any prize notification or prize as undeliverable may result in disqualification and an alternate winner may be selected. By entering, Potential Winners expressly authorize Balance to name, tag, or otherwise identify Potential Winner on Balance’s Website, social media pages, and in Balance’s other promotional materials.
Some jurisdictions may prohibit Balance from conditioning participation on Potential Winner’s consent to publicity described in this Section. Potential Winners who are residents of such jurisdictions and who object to such publicity, must notify Balance of objections via email during the Potential Winner confirmation process.
- WINNER CONFIRMATION. A Potential Winner will only be confirmed as the winner eligible to receive the prize after Balance has completed verification of Potential Winner’s eligibility to win and confirmed Potential Winner’s compliance with the terms of these Official Rules. Potential Winners must be willing and able to claim and/or accept the prizes(s) in full in the period specified by Balance. Potential Winners are subject to confirmation and verification by Balance, by whatever means Balance shall deem appropriate. Balance’s decisions are final and binding in all matters related to the administration, operation, drawing, verification of the Winner, and all issues related to a Giveaway.
Once confirmed and verified, a Giveaway winner is referred to herein as a “Winner.” All income taxes resulting from acceptance of prize are the responsibility of the Winner. For prizes of greater than $600 in value, Winner may receive a Form 1099.
- LIMITATION OF LIABILITY: By entering this giveaway, you waive all right to, and hold the Promotional Parties harmless from, any claim, liability, loss, damage (including punitive, incidental, and consequential damages), or expense (including attorneys' fees) arising out of or in connection with participation in this giveaway or the acceptance, use, or misuse of any Prize and agree that any and all claims, judgments, and awards, if permitted to proceed, will be limited to your actual out-of-pocket costs incurred (if any), excluding attorneys’ fees and court costs. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. Promotional Parties will not be responsible for: late, incomplete, or incorrect entries; an entrant's failure to receive prize notices due to entrant's spam, junk email, or other security settings or for entrants' provision of incorrect or otherwise non-functioning contact information; technical, hardware, or software malfunctions, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled, or delayed electronic communications whether caused by the sender or by any of the equipment or programming associated with or used in the Giveaway; by any human error which may occur in the processing of the entries in the Giveaway; or any typographical, technological, or other error in the publishing of the offer, administration of the Giveaway, or announcement of the prizes. If, in Balance’s opinion, there is such an error, or there is any suspected evidence of tampering with any portion of the Giveaway, or if technical difficulties (including viruses and bugs) compromise the integrity of the Giveaway, Balance reserves the right, in its sole discretion, to cancel or modify the Giveaway in any manner deemed appropriate by Balance. In the event of termination, Potential Winners will be selected from among all eligible entries received as of date of termination. If a dispute arises as to the identity of a potentially winning entrant, entries will be declared made by the name on the online entry form.
- PRIZE DETAILS: Identified on each Giveaway’s post.
- PRIZES: Prizes consists of only those items specifically listed as part of the prize. Limit one prize per family or household. No substitution or transfer of a prize is permitted. Balance reserves the right to substitute a prize of equal or greater value. If a Potential Winner is disqualified for any reason, Balance will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. All prizes are awarded as is, without any representations or warranties, and cannot be transferred, sold, substituted, or redeemed for cash.
- BINDING ARBITRATION, NO CLASS ACTION. Please read this section carefully. You understand and agree that you waive your right to sue or go to court to assert or defend your rights connected with participation in a Giveaway.
As a condition of participation, you and Balance agree that any dispute, controversy, or claim arising out of or connected to a Giveaway, including the determination of the scope or applicability of this arbitration provision, (each, a “Claim”) shall be resolved exclusively by binding arbitration under the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules”), using the Optional Expedited Arbitration Procedures when applicable. The JAMS Rules are available at https://www.jamsadr.com/rules-comprehensive-arbitration/#Rule-16-1.
YOU AND BALANCE ALSO AGREE THAT (A) ANY CLAIMS WILL BE RESOLVED INDIVIDUALLY, NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE, MEMBER OF, OR OTHERWISE ON BEHALF OF OTHERS IN ANY PURPOSED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING, AND NOT THROUGH ANY CLASS ACTION; (B) IF A CLAIM PROCEEDS IN COURT ANYWAY, BOTH BALANCE AND YOU WAIVE ANY RIGHT TO A JURY TRIAL; AND (C) YOUR REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY), AND YOU IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. (Some jurisdictions do not allow the limitations or exclusion of liability set forth above so such language may not apply to every participant).
You may seek arbitration of a Claim by contacting Balance Athletica, LLC c/o Milgrom & Daskam, 1550 Larimer Street, #503, Denver, CO 80202, United States. The arbitration may be conducted via telephone, written submissions, or in-person in a mutually agreed location. The arbitrator shall be selected according to the JAMS Rules and Procedures. When practical, the arbitrator should have prior subject matter knowledge and familiarity with sweepstakes and/or fundraising laws. The arbitrator shall apply Colorado law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. The arbitrator shall provide a decision explaining his or her findings and conclusions, and the ruling may be entered in any court having jurisdiction thereof. The arbitrator’s decision shall be final and binding upon the parties.
The parties will equally split the arbitrator’s fees, and expenses and each party shall pay its costs and attorneys’ fees. If the claimant can demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Balance will pay as much of the claimant’s filing, and hearing fees in connection with the arbitration as the arbitrator deem necessary to prevent the arbitration from being cost-prohibitive. Notwithstanding, if any party prevails on a statutory claim that affords a prevailing party attorneys’ fees and costs, or if there is a written agreement providing for attorneys’ fees and costs, the arbitrator will award such costs and fees per the applicable statute or written agreement. The arbitrator shall resolve any dispute regarding the reasonableness of any fee or cost that may be awarded under this paragraph.
To the extent permitted by law, the existence of the arbitration, the arbitration proceedings, and the outcome of the arbitration will be treated as confidential and will not be disclosed by either party. You and Balance agree that an award, and any judgment confirming it, only applies to the arbitration in which it was awarded and cannot be used in any other proceeding except to enforce the award itself and any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts in Denver, Colorado.
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 JAMS, 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.
Notwithstanding the foregoing, either party may seek temporary or emergency equitable relief to enforce its rights in any court of competent jurisdiction. For any Claims brought that are not subject to arbitration, if any, you and Balance each: (i) submit that the exclusive jurisdiction and venue for any such proceeding will be the courts of competent jurisdiction sitting within Denver, Colorado (the “Venue”), (ii) waive any argument that any such court does not have personal jurisdiction or that the Venue is not appropriate or convenient; and (iii) waive any and all rights to trial by jury for any Claims.
- CHOICE OF LAW AND FORUM: You agree that all matters arising out of or relating to this giveaway and these Official Rules are governed by, and construed in accordance with, the laws of Colorado, without giving effect to any of its conflict of laws provisions thereof. You further agree that any legal suit, action, or proceeding arising out of or relating to this giveaway and these Official Rules shall be brought exclusively in the applicable federal or state courts located in Denver, Colorado.
- WINNERS LIST: Names of all prize winners will be posted to the Website on or around November 30, 2021.