Terms & Conditions

NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.

1. Agreement to Rules: By participating in the competition outlined herein (the “Competition”), you, the participant (“You” or “Your”), agrees to be fully unconditionally bound by these Competition rules (the “Rules”), as established by Hyperice Australia Pty Ltd (“Hyperice”, “We”, or “Us”). You represent and warrant that You meet the eligibility requirements herein. In addition, You agree to accept the decisions of Hyperice as final and binding as it relates to the execution of the Competition and interpretation of these Rules.

2. Competition Rules: In order to enter the Competition You Must:

• (i) Enter your email address on landing page, hence subscribing to our email list

3. Competition Eligibility: This Competition is open only to those who (i) comply with these Rules, (ii) are eighteen years old as of the date of entry, and (iii) are legal residents of Australia. The Competition is subject to all applicable federal, state, and local laws and regulations, and is void where prohibited by such laws.

4. Competition Period: The Competition will run monthly from the 1st of each month for the duration of 2021. The winners of each monthly individual competition will be announced within a week of the end of the Competition period, and will be notified by email.

5. Prizes: Monthly Competition winner will receive:

• (i) 1 x Hyperice Hypervolt

No cash or other prize substitution shall be permitted except at Hyperice’s sole discretion. Prizes are nontransferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of the winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by the winner is permitted. Acceptance of prize constitutes permission for Hyperice to use the winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.

6. Winner Selection and Notification: The winners will be notified by email provided. If winners do not respond within 5 days, a new winner will be selected randomly. Receipt by winner of the prize offered in this Competition is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY THE WINNER (DETERMINED AT HYPERICE‘S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE COMPETITION, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.

7. Terms & Conditions: Hyperice reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Competition should virus, bug, non-authorized human intervention, fraud, or other cause beyond Hyperice’s control corrupt or affect the administration, security, fairness, or proper conduct of the Competition. In such a case, Hyperice may select the winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Hyperice.

8. Indemnification; Limitation of Liability; Disclaimer of Warranty: By entering, You agree to release, indemnify, defend and hold harmless Hyperice and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such Your participation in the Competition and/or Your acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; or (v) electronic or human error in the administration of the Sweepstakes or the processing of entries. IN ANY EVENT, GOODR’S AGGREGATE TOTAL MONETARY LIABILITY TO YOU UNDER ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY (INCLUDING BUT NOT LIMITED TO STATUTORY, TORT, STRICT LIABILITY, WARRANTY, INDEMNITY, CONTRIBUTION, AND CONTRACT THEORIES) WILL BE LIMITED TO THE MONETARY VALUE OF THE PRIZES GIVEN TO THE WINNER HEREUNDER. WITHOUT LIMITING THE FOREGOING, EVERYTHING IN THESE RULES AND IN THIS PROMOTION, INCLUDING, WITH THE EXCEPTION OF HYPERICE’S STANDARD LIMITED PRODUCT WARRANTY, THE PRIZES AWARDED, IS PROVIDED “AS IS’ WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO ALL ENTRANTS. EACH ENTRANT SHOULD CHECK SUCH ENTRANT’S LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

9. Disputes: THIS COMPETITION IS GOVERNED BY THE LAWS OF QUEENSLAND, AUSTRALIA, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Competition, participant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Competition, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Queensland, Australia, having jurisdiction. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e., costs associated with entering this Competition). Participant further waives all rights to have damages multiplied or increased.

10. Winners List: To obtain a copy of the winners’ names or a copy of these Rules, mail your request along with a stamped, self-addressed envelope to: Hyperice Australia, 14/12-20 Daintree Dr., Redland Bay, QLD 4165.

11. Sponsor: The Sponsor of the Competition is Hyperice Australia, 14/12-20 Daintree Dr., Redland Bay, QLD 4165.