Challenge Rules

OFFICIAL RULES
SNAP FITNESS® 2019 Fall Evolution Success Story Contest

VOID WHERE PROHIBITED.

  1. ELIGIBILITY: The Snap Fitness 2019 Fall Evolution Success Story Contest (the “Contest”) is open only to legal residents of the United States (except Rhode Island, Florida, Puerto Rico and US territories and possessions) and Canada (except Quebec) who have reached the age of majority in their place of residence as of the first day of the Contest. Void in Rhode Island, Florida, Puerto Rico, US Territories and Possessions and where prohibited or otherwise restricted by law. Employees, officers and directors of Sponsor, Sponsor’s franchisees and their respective affiliated companies, parents and subsidiaries and the advertising and promotion agencies of each (collectively, the “Contest Entities”) and their immediate families (defined as spouse, mother, father, sisters, brothers, sons and daughters, regardless of where they reside) and members of their households (whether related or not) are ineligible to participate in this Contest. Participation in the Contest constitutes each Participant’s or their parent’s/legal guardian’s, as applicable, full and unconditional agreement to and acceptance of these Official Rules, including, but not limited to, Participant’s consent to receive e-mail messages from Sponsor solely in connection with the Contest and acknowledgment that this Contest is in no way sponsored, endorsed or administered by or associated with, Facebook®, Twitter® or Instagram. Each Contest entrant is referred to herein as a “Participant” or “you.” All Participants must have reached the age of majority in his/her place of residence and meet all qualifications outlined in these Official Rules.
  2. HOW TO ENTER CONTEST: To enter the Contest, Participants must (before November 2, 2019): (1) be a Snap Fitness member, (2) either purchase a Myzone belt or a Fit Kit, and (3) must register for the Contest at your home Snap Fitness Club and pay any applicable registration fee (up to US$30.00 if applicable). Participants must earn a minimum of 1,300 eligible MEPS in the Blue, Green, Yellow and Red zones during the promotional period. Participants can submit their ‘success story’ through a Typeform form at ________, including their name, age, location, challenge testimonial and photo. All Submissions must meet the standards set out in these Official Rules including, but not limited to the Submission Requirements (specified below). Limit one entry per person.
  3. STORY SUBMISSION REQUIREMENTS:
  4. Submissions must be in the English language or include an English translation.
  5. Submissions must be in one of the following formats: video, picture, text (or a combination).
  6. The Submission must be an inspiring and creative story about your participation in the Challenge.
  7. Participants agree to and understand that Submissions may be made available to the public, including but not limited to posting on the Internet. Whether or not Submissions are published on the Internet, Sponsor does not guarantee any confidentiality with respect to any Submission.
  8. Participants are responsible for securing necessary consents, waivers, talent and location releases, and licenses for any visual and audio material contained in the Submissions.
  9. Submissions must comply with the Content Restrictions set forth below.
  10. Each Submission must be created by Participant and entered on an individual basis only (i.e., no joint or corporate entries or entries on behalf of any Participant).
  11. Each Submission must be an original work of Participant which is under no restriction, contractual or otherwise, that will prevent or limit Sponsor’s use of the Submission and each Submission must be free of any and all liens, encumbrances and claims of third parties. Participant acknowledges, agrees and warrants that, nothing in the Submission infringes on any copyrights, confidential information, trade secrets, or trademarks or other property rights belonging to any person or entity other than the Participant absent a suitable license, clearance or permission agreement (proof of which is required upon submission), or violates any person’s rights of privacy or publicity and that all necessary releases and permissions have been secured.
  12. By uploading the Submission, Participant agrees, for zero compensation, to grant to Sponsor all intellectual property rights in the Submission and each of its constituent parts, which rights include, without limitation, the Sponsor’s right to publish, make available to the public and/or reproduce the Submission through any media available for the purpose of administering and conducting the Contest. In addition, Participant warrants that any so called “moral rights” in the Submission have been waived and Participant acknowledges and agrees that Sponsor may use any ideas from any Submission or other submitted materials, whether or not Participant has been awarded a prize in connection with any such Submission or other materials.
  13. Sponsor is not responsible for any expenses incurred in the production and delivery of the Submissions.

CONTENT RESTRICTIONS: The Submission must not contain material that:

  1. is unlawful, harmful, offensive, threatening, abusive, harassing, invasive of privacy or publicity rights, defamatory, libelous, vulgar, obscene, pornographic, indecent, lewd, suggestive, scantily-clad, profane, hateful, racially, ethnically or otherwise objectionable or inappropriate material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, territory or international law;
  2. may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  3. makes reference to or involves gambling, casinos, off-track betting, or other gambling of any form;
  4. involves alcohol, tobacco or weaponry or that promotes or has a connotation to any illegal activity;
  5. that impersonates, disguises or conceals any person or entity or otherwise misrepresents a Participant’s affiliation with a person or entity;
  6. displays or depicts unacceptable clothing or adornments, or displays any commercial/corporate advertising (including but not limited to corporate logos, brand names, trademarks, slogans, political, personal and religious statements);
  7. references persons or organizations without their written permission;
  8. disparages persons or organizations associated with Sponsor; or
  9. otherwise violates the standards of Sponsor as determined by Sponsor in its sole discretion.

Any Submission that does not comply with the above requirements and restrictions, or any other requirement herein, is subject to disqualification and Sponsor reserves the right at its sole discretion to remove any Submission if Sponsor receives notification about any potential infringements or breaches of law or any other reason set forth herein.

Sponsor is not responsible for lost, late, incomplete, invalid, illegible or misdirected Submissions, which will be disqualified; for technical failures of any kind, including, but not limited to, electronic malfunctioning of any network, hardware or software; any failed, incomplete, garbled or delayed computer transmissions or any combination thereof; or for any error, human, technical or otherwise; or any injury or damage to Participant’s or any other person’s computer related to or resulting from entering, participating in, or accessing or downloading information in connection with, this Contest. Sponsor reserves the right at its sole discretion to modify, cancel or suspend this Contest for any reason whatsoever including, but not limited to, a computer virus, bug, or other cause beyond the control of Sponsor. In case of dispute as to the owner of a Submission, the Submission will be deemed to have been submitted by the authorized account holder of the e-mail address from which the Submission is made with the only exception being if a minor submits a Submission in the name of his/her parent or legal guardian. The “authorized account holder” is the natural person assigned an e-mail address by an Internet access provider, online service provider or other organization responsible for assigning e-mail addresses for the domain associated with the submitted address. A selected Participant may be required to provide Sponsor with proof that he/she is the authorized account holder of the e-mail address associated with the selected Submission. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds tampering with the operation or entry process of the Contest or acting in violation of these Official Rules or applicable law. Submissions delayed past the Submission Deadline will not be accepted.

  1. CONTEST WINNER SELECTION: All accepted Submissions will be evaluated by a qualified panel of judges designated by Sponsor based on the following judging criteria (“Judging Criteria”):
  • Creativity – 50%
  • Originality – 50%

Any ties will be broken by an additional judge based on the Judging Criteria.

The Judges, whose decisions will be final, will select five (5) winners on or about November 8, 2019.

5.PRIZES: Five (5) Winners of $1,000 cash prize each.  ARV of all prizes is $5,000 USD.

For purposes of the Contest and these Official Rules, the Winners are collectively referred to herein as the “Winner” or the “Winners” and the Prizes are collectively referred to herein as the “Prize” or the “Prizes.” Each Winner will be required to sign an Affidavit of Eligibility/Liability and Publicity Release (where legal).

For Canadian Residents Only: Before being declared a winner, the selected entrant must first correctly answer, without assistance of any kind, whether mechanical or otherwise, a time limited mathematical skill testing question to be administered by telephone, e-mail or mail at the Sponsor’s discretion.

The Prizes are subject to certain terms and conditions as specified herein. A Prize may not be sold, traded, or commissioned, and is not exchangeable, transferable or substitutable, except in Sponsor's sole discretion. Prize details and availability are subject to change. Sponsor is not the supplier or guarantor of any Prize, unless otherwise specified. Prizing may be fulfilled by a third-party fulfillment Sponsor. The Prize will only be awarded if properly claimed according to the Rules. All costs and expenses related to the Prize acceptance, the Prize, and/or Prize use not specified herein as being provided are the sole responsibility of winner.

The Sponsor reserves the right to substitute a particular Prize, in whole or in part, with another prize (or prize component) of equal or greater value or alternatively may substitute a particular Prize with a comparable prize (or prize component) of like per the Sponsor’s discretion, if for any reason a Prize, or any portion thereof, as described herein should become unavailable. If requested, the Winners must present state authorized identification prior to being awarded the respective Prize. Each Winner may be required to present a copy of a valid social security card and valid identification as a condition of participating or receiving any Prize when the Winner will be issued an IRS Form 1099 reflecting the actual value of all prizes won. If actual value of the Prize is less than the stated ARV or the Winner forfeits, does not use or is determined ineligible for any portion of the Prize, the Winner will not receive the difference between the actual and approximate retail value and such difference will be forfeited.

Conditions and restrictions may apply. Limit: One (1) Prize per person/household. ALL PRIZES ARE AWARDED "AS IS" AND THE SPONSOR DOES NOT MAKE (AND IS NOT RESPONSIBLE FOR) ANY REPRESENTATIONS, GUARANTEES OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATING TO ANY PRIZE (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED.

Odds of winning a Prize depend on the number of eligible entries received.  Upon receipt of any Prize, the Winner is required to comply with any and all applicable federal, state, provincial and local laws, rules and regulations. All federal, state, provincial, territorial and local taxes are solely the Winner’s responsibility.

If a potential Winner for any Prize cannot be contacted by November 11, 2019 or if he/she fails to return the signed Affidavit of Eligibility/Liability and Publicity Release within four (4) days (subject to applicable law) or if a potential Winner is deemed ineligible for any other reason in Sponsor’s sole discretion, the potential Winner will be disqualified and an alternate Winner (or Winners) will be selected or drawn in his/her place by the Sponsor.

  1. GENERAL: The Contest Entities reserve the right to terminate, cancel, suspend and/or modify the Contest without liability and without prior notice if any factor interferes with its operation as contemplated by these Official Rules, including but not limited to any fraud, virus or other technical problem which corrupts the administration, security, or proper operation of the Contest. CAUTION; ANY ATTEMPT BY PARTICIPANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. The use of automated or third-party software or another web site not approved by Sponsor in order to register or enter this Contest is prohibited. Sponsor reserves the right, in its sole discretion, to disqualify any Participant who is suspected of tampering with the submission or selection process.

Not all individuals should participate in the Contest and you should check with a physician before participating in the Contest. Weight loss tools and information may be provided as a result of your participation in the Contest; any such tools or information is for general informational purposes and should never be relied upon or construed as medical advice. This information should not be considered complete and does not cover all diseases, ailments, physical conditions or their treatment. This information is not intended as a substitute for proper medical advice, diagnosis or treatment. You should consult with your own health care professional about your specific situation. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING IT BECAUSE OF SOMETHING IN ANY MATERIALS PROVIDED AS A PART OF THE CONTEST. IF YOU THINK YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR IN THE USA, DIAL 911 IMMEDIATELY.

By participating in the Contest, Participants agree: (a) to comply with these Official Rules and the decisions of Sponsor, which shall be binding and final in all respects; (b) to release Sponsor and its affiliates from all liability, loss or damage arising out of participation in the Contest or in connection with the awarding, receipt, possession, use and/or misuse of any prize; (c) to be contacted by Sponsor by mail, telephone and/or email; and (d) that he/she acknowledges that Sponsor does not make any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to any Prize and disclaims all liability for the provision, quality or nature of any third-party products or services provided to the Winners.

Except in the cases of death or personal injury caused directly by the intentional misconduct or gross negligence of the Contest Entities, the Contest Entities shall have no liability and shall be released and held harmless by Participant(s) or his/her parent/legal guardian, as applicable, for any damage, loss or liability to person or property, including without limitation any claim for infringement of intellectual property rights, as a result of participation in the Contest. Participants assume all risk of loss, damage, destruction, delay or misdirection of mail or e-mail or any Submission submitted to Sponsor. All Prizes are awarded upon the condition that the Contest Entities shall have no liability whatsoever, subject to the limitations set forth herein and shall be held harmless for any injuries, losses or damages of any kind to persons or property, including death, sustained, in whole or in part, directly or indirectly, in connection with or resulting from acceptance, possession or use/misuse of any prize or participation in the Contest and any Contest related activities.

No cash or other substitution may be made, except by Sponsor, who reserves the right, in its sole discretion, to substitute a Prize with another prize of greater or equal value in the event that a Prize is unavailable or cannot otherwise be awarded as described.

Any and all disputes, claims and causes of action arising out of or connected with this Contest or any Prize awarded, shall be resolved individually, without resort to any form of class action and exclusively by arbitration (where legal). Claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorney’s fees.

Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Participant and Sponsor in connection with the Contest, shall be governed by and construed in accordance with, the laws of the State of Minnesota without giving effect to any choice of law or conflict of law rules (whether of the State of Minnesota or any other jurisdiction). Should any provision of these Official Rules be deemed unenforceable or invalid, the other provisions of these Official Rules shall remain in full force and effect.

Sponsor will be collecting personal data about Participants in accordance with its privacy policy.  Please review the Sponsor’s privacy policy at www.snapfitness.com.  By participating in the Contest, you hereby agree to the Sponsor’s collection and usage of your personal information and acknowledge that you have read and accepted Sponsor’s privacy policy.

Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

  1. DMCA: Sponsor complies with the provisions of the Digital Millennium Copyright Act (DMCA). In compliance with the DMCA, a Designated Agent has been established with proper documentation sent to the US Copyright Office.

If you have a concern regarding the use of copyrighted material on any web site, please contact the agent designated to respond to reports alleging copyright infringement.

The designated agent for Sponsor to receive notification of claimed infringement under Title II of the DMCA is: Alison McElroy C/O Snap Fitness, Inc., 2411 Galpin Court, Ste. 110, Chanhassen, MN 55317, USA.

DMCA Claims:

The DMCA specifies that all infringement claims must be in writing (either electronic mail or paper letter) and must include the following:

  • A physical or electronic signature of the copyright holder or a person authorized to act on his or her behalf;
  • A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • A description of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  1. OFFICIAL RULES AND WINNER LIST: For a copy of the Official Rules (which will be available after September 7, 2019) or list of the Winner (which will be available after November 11, 2019) please send a separate, self-addressed stamped envelope) to: Snap Fitness Fall Evolution Challenge Contest, 2411 Galpin Court, Ste. 110, Chanhassen, MN 55317.
  2. SPONSOR: Snap Fitness, Inc., 2411 Galpin Court, Ste. 110, Chanhassen, MN 55317, USA.

 

  1. OPT OUT: If you do not wish to receive future sweepstakes and contest communications from Snap Fitness, please write to Snap Fitness Marketing/Sweepstakes, 2411 Galpin Court, Ste 110, Chanhassen, MN 55317.