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ClassPass City Showdown Contest Rules (“Official Rules”)

ClassPass City Showdown Contest Rules

(“Official Rules”)

NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS CONTEST IS SUBJECT TO ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS AND IS VOID WHERE PROHIBITED BY LAW. PARTICIPATION IN THIS CONTEST CONSTITUTES FULL AND UNCONDITIONAL AGREEMENT WITH AND

ACCEPTANCE OF THESE OFFICIAL RULES.

  1. CONTEST PERIOD

The ClassPass City Showdown Contest (the “Contest”) begins at 1:00 p.m. Eastern Time (“ET”) on January 27, 2016 and ends at 11:59 p.m. ET on February 5, 2016 (the “Contest Period”). It is sponsored by ClassPass Inc., 275 7th Avenue, New York, NY (“Sponsor”).

  1. ELIGIBILITY

To be eligible to enter and win, each “Entrant” must: (i) be a resident of Colorado or North Carolina; and (ii) be twenty one (21) years of age or older at the time of entry. Employees and the immediate families (including those with whom they are domiciled) of Class Pass Inc. (the “Contest Sponsor”) and each of its parents, subsidiaries, affiliates, directors, officers, shareholders and agents (altogether the “Released Parties”) are not eligible to enter the Contest. For purposes of this Contest, “immediate family members” shall include the mother, father, brothers, sisters, daughters, sons, partner or spouse of an individual (regardless of where any such “immediate family member” resides).

  1. HOW TO ENTER

NO PURCHASE NECESSARY.  To enter via Instagram (each an “Entry”), you must (1) be an authorized account holder of Instagram. You can sign up for Instagram for free and your use of Instagram is subject to acceptance of the Instagram Terms of Use at https://instagram.com/about/legal/terms/; and (2) post an original photo on Instagram using the hashtag #ClassPassDenver or #ClassPassCarolina.

All Entries must be submitted from a valid Instagram account. Your account settings on the Instagram Account that you use to enter must be set to “unprotected” and/or “public” in order for your Entry to be viewable by the Contest Sponsor and you can receive Direct Messages from the Contest Sponsor.

Entries may not contain content that is obscene, lewd, defamatory, pornographic, hateful or discriminatory, violates these Official Rules or the terms and conditions imposed on users of Instagram, or violates or infringes (or may infringe) any copyright, trademark, logo, mark that identifies a brand, or other personal or proprietary right of any person living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light) or entity, or is otherwise objectionable. Entries may not show any person other than the Entrant, unless the Entrant has written permission to show that person in an Entry submitted in this Contest; no Entry shall show or tag any person under the age of 18 unless Entrant is the parent or legal guardian of such person. Any Entry that, in Contest Sponsor’s sole determination, violates the terms and conditions set forth in this paragraph or any other part of the Official Rules may be disqualified and the Entrant submitting the Entry may be disqualified from any further participation in the Contest. Each Entrant agrees to indemnify and hold harmless the Released Parties from any and all lawsuit, damages, claims, losses, liabilities, or expenses (including court costs and attorneys’ fees) arising out of the Released Parties’ use of that Entrant’s Entry.

If it is discovered by the Contest Sponsor (using any evidence or other information made available to, or otherwise discovered by, the Contest Sponsor) that any Entrant has attempted to use (or attempt to use) multiple names, identities, email addresses and/or any automated, macro, script, robotic or other system(s) or program(s) to enter or otherwise participate in or disrupt this Contest, that person may be disqualified from the Contest, and any future contests of the Contest Sponsor, in the sole discretion of the Contest Sponsor.

All Entries will be declared invalid if they are late, illegible, incomplete, damaged, irregular, forged, garbled or mechanically or electronically reproduced.

The Contest Sponsor reserves the right, in their sole discretion, to require proof of identity and/or eligibility (in a form acceptable to the Contest Sponsor – including, without limitation, government issued photo identification): (i) for the purposes of verifying an Entrant’s eligibility to participate in this Contest; (ii) for the purposes of verifying the eligibility and/or legitimacy of an Entry entered (or purportedly entered) for the purposes of this Contest; and/or (iii) for any other reason the Contest Sponsor deems necessary, in their sole discretion, for the purposes of administering this Contest in accordance with these Official Rules. Failure to provide such proof to the satisfaction of the Contest Sponsor in a timely manner may result in disqualification of the Entrant in the sole discretion of the Contest Sponsor.

Each potential winner of a Prize (a “Selected Entrant”) may also be requested to provide the Contest Sponsor with reasonable proof that he/she is the Authorized Account Holder of the Instagram account associated with the winning Entry. In the event of a dispute regarding the identity of the person submitting an Entry, the Entry will be deemed to be submitted by the Authorized Account Holder in whose name the Instagram account is registered, provided that person meets all eligibility criteria of this Contest. “Authorized Account Holder” shall mean the natural person assigned to an email address and/or telephone number by an Internet access provider, online service provider, telephone service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address.

All Entries shall become the property of the Contest Sponsor and none shall be returned. In consideration of their entry into this Contest, each Entrant irrevocably assigns and transfers to the Contest Sponsor any and all rights, title, and interest in the Entry including, without limitation, all copyright in any Photo Entry. The Contest Sponsor shall have the right to edit or modify Entries for use in perpetuity and the Entrant waives any and all moral rights that he/she may have in the Entry. Each Entrant irrevocably confirms that no third party was involved in the creation of the Entry.

  1. PRIZES

Each user in the winning market, either Denver or Charlotte and Raleigh/Durham, (each, a “Prize”) will win a free pair of Bombas Socks. The approximate retail value of each gift bag is $11.00. The winner of the Prize (“Prize Winners”) is not entitled to any difference between the actual value of a Prize and the approximate retail value of that Prize as stated herein.

All incidental costs and expenses associated with a Prize that are not specifically referred to herein, are the sole responsibility of Prize Winner. Prize Winners must follow all directions of the Contest Sponsor with respect to the Prize or any aspect thereof. Failure to do so may result in termination of participation, or continued participation, in the Prize or any aspect thereof. Prize Winners acknowledge and accept all risk of damages, injury or other loss incidental to any Prize and hereby voluntarily agrees to assume the same. Each Prize must be accepted as awarded, without substitution, and is not transferrable, refundable, for resale or convertible to cash. The Contest Sponsor reserves the right, in the event that the Prize, or any component of the Prize, cannot be awarded as described for any reason, to substitute the same for another prize or component of equal or greater value, without notice or liability. In the event that a substitute prize is awarded, such prize must be accepted as awarded and cannot be exchanged for cash or otherwise. The odds of winning a Prize will depend on the number of eligible Entries received during the Contest Period.

  1. WINNER SELECTION

The Prize Winners will be determined by counting which hashtag was used the most during the Contest Period. The Prize Winners will be contacted by the Contest Sponsor via Email. If a Selected Entrant cannot be contacted or does not respond to the Contest Sponsor’s direct message within forty-eight (48) hours of the first point of contact (or attempt) by the Contest Sponsor, he/she will be considered to have forfeited his/her respective Prize and will be disqualified. The Contest Sponsor will not be responsible for failed attempts to contact any Selected Entrant. No telephone contact, Direct Messaging or other correspondence in association with the Contest will be entered into except with each Selected Entrant.

  1. CLAIMING YOUR PRIZE

Upon successful contact with a Selected Entrant, that Selected Entrant will be required to provide certain contact information, as requested by the Contest Sponsor (e.g., full name, age, telephone number, email address). If a Selected Entrant does not meet all of the Contest requirements or refuses to provide the contact information requested by the Contest Sponsor, that Selected Entrant will forfeit his/her Prize. The Contest Sponsor are not responsible, whether as a result of human error or otherwise, for any failure to contact any Selected Entrant.

  1. GENERAL RULES

In the event of a conflict between the Official Rules and any instructions or interpretations of these Official Rules given by an employee of the Contest Sponsor regarding the Contest, these Official Rules shall prevail. In the event of any discrepancy or inconsistency between the terms and conditions of these Official Rules and disclosures or other statements contained in any Contest-related materials, the terms and conditions of these Official Rules shall prevail, govern and control.

  1. RELEASE OF LIABILITY

By submitting an Entry into this Contest, each Entrant confirms his or her understanding of and compliance with these Official Rules. Each Entrant, and his/her representatives, heirs, next of kin or assignees (“Entrant’s Representatives”), hereby releases and holds the Released Parties and Instagram LLC harmless from any and all liability for any injuries, loss or damage of any kind to the Entrant, Entrant’s Representatives or any other person, including personal injury, death or property damage, resulting in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any Prize, participation in the Contest, any breach of the Official Rules, or in any Prize-related activity. The Entrant and Entrant’s Representatives agree to fully indemnify the Released Parties from any and all claims by third parties relating to the Contest, without limitation.

  1. LIMITATION OF LIABILITY

None of the Released Parties assumes any liability for any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the processing of Entries, the selection of Prize Winner or for any printing or other errors in any Contest materials. The Released Parties assume no responsibility for any error, omission, tampering, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or authorized access to, or alteration of Entries. The Released Parties are not responsible for any problems, viruses or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or Private Messaging on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to Entrants or to any other person’s computer related to or resulting from participating or downloading materials in the Contest.

None of the Released Parties assumes any liability for any personal injury, property damage, libel, defamation, invasion of privacy, violation of the right of publicity, infringement of copyright or violation of any other right, or losses of any kind including, without limitation, direct, indirect, consequential, incidental or punitive damages which may be sustained in connection with an Entrants participation in the Contest including any losses to an Entrant’s or any other person’s computer equipment resulting from an Entrant’s attempt to either participate in the Contest or download any information in connection with participating in the Contest or use of any website. Without limiting the foregoing, everything on any website is provided “as is” without any 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.

  1. CONTEST ADMINISTRATION

All decisions regarding the Contest remain with the Contest Sponsor. The Contest Sponsor reserves the right, in their sole discretion, to modify, cancel, suspend and/or terminate any or all parts of the Contest for any reason.

The Contest Sponsor reserves the right, in their sole discretion, to disqualify any individual found to be in violation of these Official Rules. The Contest Sponsor reserves the right to refuse an Entry from a person whose eligibility is in question or who has been disqualified or is otherwise ineligible to enter. Any attempt to tamper with the entry process, interfere with these Official Rules, deliberately damage any website or undermine the administration, security or legitimate operation of the Contest, is a violation of criminal and civil laws, and the Contest Sponsor reserves the right to seek damages and/or other relief (including attorneys’ fees) from all persons responsible for such acts to the fullest extent permitted by law, which may include banning or disqualifying Entrants from this and future contests of the Contest Sponsor. In its sole determination, the Contest Sponsor may disqualify any person who acts in any manner to threaten or abuse or harass any person and to void all such person’s associated Entries. The Contest Sponsor reserves the right, in their sole discretion, to terminate or suspend the Contest should fraud, virus, bugs, or other reasons beyond the control of the Contest Sponsor corrupt the security, proper play or administration of the Contest.

  1. PRIVACY AND PUBLICITY RIGHTS

By accepting the Prize, each Winner grants to the Released Parties, in connection with this Contest, the right to use his/her name, Instagram user name, biographical information, image, photos and/or likeness and statements for programming, promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered, worldwide, including but not limited to on television, video, the World Wide Web and Internet, without notice, review or approval and without additional compensation, except where prohibited by law.

The Contest Sponsor respects your right to privacy. Personal information collected from Entrants will be used by the Contest Sponsor to administer the Contest and otherwise in accordance with Sponsor’s privacy policy. For more information regarding the manner of collection, use and disclosure of personal information by the Contest Sponsor, please refer to the Contest Sponsor’s privacy policy, available at www.classpass.com/privacy.

  1. GOVERNING LAW

The Contest shall be governed by the laws of the State of New York, without regarding to its choice law principles. Without limiting the generality of the foregoing, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations as between any person and/or Entrant and the Contest Sponsor in connection with the Contest shall be governed by and construed and interpreted in accordance with the internal laws of the state of New York, including the procedural provisions of those laws, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws. The Contest Sponsor and all Entrants hereby to the jurisdiction of the courts of the state of New York with respect any matter, issue or dispute arising under or in respect of these Official Rules and/or the Contest and agree that any such determination shall be brought solely and exclusively before such courts.

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 the terms as if the invalid or illegal provision were not contained herein.

This Contest is not in any manner sponsored, endorsed, administered by or associated with Instagram. You are providing your information to the Contest Sponsor and not to Instagram

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