Welcome to www.hyperice.com (this "Site"). This Site is provided by Hyperice, Inc., dba Hyperice. Hyperice is a widely recognized brand leader that uses innovative design and superior technology to provide greater protection and enhanced performance for people who are passionate about their sports.
01 Your Acceptance of Conditions of Use
03 Ownership, Copyright, & Trademarks
This Site and all of its content, including, for example, all of the text, images, illustrations, graphics, audio clips, and video clips, are protected under trademark, trade dress, copyright and other intellectual property laws and all of the rights in the Site and its content are owned by Hyperice, its affiliates, its licensors and other third parties. The entire content of this Site is copyrighted as a collective work under U.S. and international copyright laws and treaties, and Hyperice owns the copyright in the selections, coordination, arrangement and enhancement of the content.
Individual users of this Site are permitted to download copies of the information on this Site for personal, noncommercial use. This limited, revocable privilege to use the content in no way constitutes a transfer of any right, title or interest in the material you download. You may not, under any circumstances, (a) modify the information on this Site or use it for any commercial purpose, or any public display, performance, sale or rental; (b) decompile, reverse engineer, or disassemble the any part of this Site or its content; or (c) remove any copyright, trademark registration, or other proprietary notices from the information. No material from this Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any manner or form except as expressly provided above without first obtaining written permission from Hyperice. The use of any materials from this Site on any other website or networked computer environment is prohibited.
The trademarks and service marks used or displayed on this Site ("Trademarks") are registered and unregistered trademarks of Hyperice or third parties. Nothing on this Site may be construed as granting -- by implication, estoppel, or otherwise -- any license or right to use any Trademarks displayed on the site without the prior express written permission of Hyperice or the trademark owner. In particular, you may not use any Trademark displayed on this Site as a "hot" link without the prior written approval of the trademark owner.
04 Privacy Notice
Hyperice will be entitled to copy, disclose, display or perform publicly, improve and modify any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. Hyperice will also be entitled to reduce to practice, use, and improve upon any ideas or inventions that you submit to us in any Comments for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments that you do not wish to assign to us, including any confidential information, product ideas, inventions, or original artwork.
We reserve the right to edit reviews and other materials presented by users, but we do not take responsibility for the truth or accuracy of the Comments, nor do we take responsibility if the Comments we publish are deemed objectionable or offensive by certain individuals or entities.
05 Product Details
Description. We cannot assure you all of the product information displayed on the Site is 100% accurate. The actual item should be considered the authoritative source of all information with respect to the item. If a product does not conform to its description on this Site, your sole remedy will be to return it to us in accordance with our Returns Policy.
Color. Colors are represented as realistically as possible, but color variations of product images or color swatches are outside of our control because software, hardware and Internet connections can alter the appearance of colors. If you are unsatisfied with a product, your sole remedy will be to return it to us in accordance with our Returns Policy.
Corrections. The information published on this Site may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have placed your order). These errors, inaccuracies or omissions may related to product description, pricing and availability. If we discover that pricing information posted on our Site is incorrect, we reserve the right not to fill orders at the incorrect price. We apologize for any inconvenience this may cause.
06 Information on This Site Is Not Medical Advice
Neither the information published on this Site, including product descriptions, nor the information provided on any product label or packaging are intended as a substitute for advice from your physician, physical therapist, or other healthcare professional. You should not use the information on this site or provided with any product for diagnosis or treatment of any health problem or for prescription of any therapy or other treatment. You should always speak with your physician or other healthcare professional before starting any diet or exercise program or before adopting any treatment for a health problem, or a suspected health problem of any kind.
07 Your Account
If you are under 18 you may not purchase a product or sign up to be a member of our Site. You may use the Site only with the approval and active involvement of a parent or guardian, who must purchase a product or become a member of our site for you.
You are responsible for maintaining the confidentiality of information that could be used to access your account such as username and password, and you agree to accept all responsibility for all activities performed using your username and password. Additionally, you are responsible for restricting access to your computer and not using public computers to access your account.
08 Risk of Loss
All items purchased through this Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, HYPERICE AND ITS AFFILIATES DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THIS SITE, ITS CONTENTS, AND THE PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HYPERICE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) WITH RESPECT TO ANY MERCHANDISE OFFERED ON THIS SITE (THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED); (C) RELATING TO THE SECURITY OF THE SITE; (D) THAT THE INFORMATION ON THIS SITE, INCLUDING PRODUCT DESCRIPTIONS, IS ACCURATE, COMPLETE OR CURRENT OR THAT THIS SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR; OR (E) THAT THE CONTENT PROVIDED ON THIS SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF WARRANTIES SET FORTH ABOVE, SO THIS LIMITATION OF WARRANTIES MAY NOT APPLY TO YOU.
10 Limitation of Liability
UNDER NO CIRCUMSTANCES, SHALL HYPERICE OR ITS AFFILIATES, OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS SITE, ANY CONTENT PUBLISHED ON THIS SITE (INCLUDING PRODUCT DESCRIPTIONS AND REVIEWS), OR ANY PRODUCTS OR SERVICES PROVIDED OR PURCHASED THROUGH THIS SITE. YOUR SOLE REMEDY IF YOU ARE NOT SATISFIED WITH ANY PRODUCT MADE AVAILABLE THROUGH THIS SITE IS TO RETURN THE PRODUCT TO US IN ACCORDANCE WITH OUR RETURNS POLICY.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER THE CLAIM IS IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF HYPERICE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE EFFECTIVENESS OF OTHER REMEDIES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF HYPERICE UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TWENTY FIVE DOLLARS ($25.00).
11 Links to Web Sites Operated by Third Parties
15 Governing Law, Jurisdiction and Venue
16 Entire Agreement
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING. BY ENTERING, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES
begins on or about November 9, 2021 at 12:01 a.m. Pacific Standard Time (“PST”) and ends at 11:59 p.m. PST on December 30, 2021
(the “Sweepstakes Period”).
The sponsor of the Sweepstakes is Hyper Ice, Inc., 525 Technology Drive, Suite 100, Irvine, CA 92618 (“Sponsor”).
This sweepstakes (“Sweepstakes”) is open only to legal residents of the fifty (50) United States and the District of Columbia, and who are at least eighteen (18) years of age as of the date of entry. Employees of the Sponsor, and their respective parents, subsidiaries, divisions, affiliates, suppliers, distributors and advertising, promotional and judging agencies, including the administrator of this Sweepstakes if any, and the immediate family members (spouses, parents, children and siblings and their spouses) and household members of each (whether related or not), are not eligible to participate or win. Void where prohibited.
How to Enter. During the Sweepstakes Period, you may enter the Sweepstakes by visiting the Sweepstakes site at the appropriate Sponsor website (www.hyperice.com) and subscribing to both Hyperice emails and SMS. Upon completion of the necessary requirements, you will receive one (1) entry into the Sweepstakes. By entering the Sweepstakes, entrants fully and unconditionally agree to be bound by these rules and the decisions of the judges, which will be final and binding in all matters relating to the Sweepstakes. There is NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY to participate in the Sweepstakes. A purchase does not improve your chance of winning.
Limit one (1) entry per person. No automated entry devices and/or programs permitted. All entries become the sole and exclusive property of the Sponsor and receipt of entries will not be acknowledged or returned. Delivery of prizes requires an email address. Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Only fully completed entry forms are eligible. Proof of submission will not be deemed to be proof of receipt by Sponsor.
Winners will be selected by Sponsor or a third-party administrator in a random drawing from all eligible entries received by the end date of the Sweepstakes. Odds of winning depend on the number of eligible entries received for the drawing. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER AT SPONSORS SOLE DISCRETION WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CAMPAIGN, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
Prizes will be awarded only if the potential prize winner fully complies with these Official Rules. All portions of the prize are non-assignable and non-transferable. Prizes pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Sweepstakes materials are for illustrative purposes only. All details and other restrictions of the prize not specified in these Official Rules will be determined by Sponsor in its sole discretion. No cash alternative or substitution of the prize will be allowed, except Sponsor reserves the right in its sole discretion to substitute prize of comparable value if any prize listed is unavailable, in whole or in part, for any reason. All federal, state and local taxes are the sole responsibility of the winners.
Winners will be notified via the appropriate social media channel (e.g,, through Facebook or Instagram) or via email from an official Sponsor account on or about the end date of the Sweepstakes. If any winner cannot be contacted within five (5) calendar days of first notification attempt, if any prize or prize notification is returned as undeliverable, if any winner rejects his/her prize or in the event of noncompliance with these Sweepstakes rules and requirements, such prize will be forfeited, and an alternate winner will be selected from all remaining eligible entries. Upon prize forfeiture, no compensation will be given. Limit one prize per person or household.
Limitation of Liability; Disclaimer of Warranties.
By participating, entrants and winners agree to release and hold harmless, Sponsor, Facebook, Inc., Instagram and their respective advertising and promotion agencies and their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (collectively, “Released Entities”), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in Sweepstakes, or possession, acceptance and/or use or misuse of prize or participation in any Sweepstakes-related activity and for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery.
IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE AND/OR THE SWEEPSTAKES, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATES WITH THE SWEEPSTAKES. IN NO EVENT SHALL THE RELEASED ENTITIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED $10. WITHOUT LIMITING THE FOREGOING, THIS SWEEPSTAKES AND ALL PRIZES ARE 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 LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
Force Majeure Event.
In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding prizes or continuing with the Sweepstakes as contemplated herein by any event beyond their control, including but not limited to fire, flood, natural or man-made epidemic of health of 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 then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, or terminate the Sweepstakes. If the Sweepstakes is terminated before the designated end date, Sponsor will (if possible) select the winner in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. Only the type and quantity of prizes described in these Official Rules will be awarded.
Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Sweepstakes should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes. In such case, Sponsor will select the winner(s) from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Sweepstakes or website. Sponsor may prohibit an entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives.
Participation in Sweepstakes and acceptance of prize constitutes each winner’s permission for Sponsor to use his/her name, address (city and state), likeness, photograph, picture, portrait, voice, biographical information and/or any statements made by each winner regarding the Sweepstakes or Sponsor for advertising and promotional purposes without notice or additional compensation, except where prohibited by law.
The invalidity or unenforceability of any provision of these 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 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.
Disputes; Governing Law.
The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Sweepstakes. Any controversy or claim arising out of or relating to these Official Rules and/or the Sweepstakes shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Orange County, California.
In case of dispute as to the identity of any entrant, entry will be declared made by the authorized account holder of the email address or social media account submitted at time of entry. “Authorized Account Holder” is defined as the natural person who is assigned an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational, institution, etc.) responsible for assigning email addresses or the domain associated with the submitted email address. Any potential winner may be requested to provide Sponsor with proof that such winner is the authorized account holder of the email address associated with the winning entry. Any other attempted form of entry is prohibited; no automatic, programmed; robotic or similar means of entry are permitted. Sponsor, its affiliates, partners and promotion and advertising agencies are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, website, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the Sweepstakes, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Sweepstakes or downloading any materials in this Sweepstakes.
THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Sweepstakes, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in Orange County, California. The parties agree not to raise the defense of forum non conveniens.
To obtain a copy of any legally-required winners list, send a self-addressed stamped envelope to: “Sweepstakes Winners List”, to Hyper Ice, Inc., 525 Technology Drive, Suite 100, Irvine, CA 92618. Vermont residents may omit return postage.
Use of Data.