(“Official Rules”)
PARTICIPATION IN THIS CHALLENGE CONSTITUTES FULL AND UNCONDITIONAL AGREEMENT WITH AND ACCEPTANCE OF THESE OFFICIAL RULES.
1. Challenge PERIOD
The Countdown to Memorial Day Challenge (the “Challenge”) begins at 6:00 am Eastern Time (“ET”) on May 01, 2018 and ends at 11:59 p.m. ET on May 28, 2018 (the “Challenge 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 current, paying member of ClassPass Live (ii) be a resident of the 50 United States and the District of Columbia (excluding Rhode Island, Puerto Rico, all U.S. Territories and Possessions and all overseas Military Installations); and (iii) be 18 years of age or older as of the start of the Challenge. Employees of ClassPass Inc. (the “Sponsor”), and each of their respective parents, subsidiaries, affiliates, directors, officers, shareholders and agents (altogether the “Released Parties”) are not eligible to enter the Challenge.
HOW TO ENTER
In order to enter the Challenge, you must do the following:
- Complete the Countdown to Memorial Day Challenge Sign-Up Form. By completing this form and submitting your information, you are also giving ClassPass authorization to send your prize and emails regarding the Challenge.
- Complete any 10 ClassPass Live videos and earn at least 300 points in each video. They can be live videos, semi-live, or on-demand. You can take the classes on the ClassPass website or ClassPass app. You do not need to use a Chromecast to do the video, but you do need to use your heart rate monitor in order for us to track your points. ]
- Complete more live ClassPass Live videos than any other Challenge participants.
Those who complete 1.1-1.2 of the above requirements are “Prize Winners”. The person who completes 1.1 – 1.3 is the “Live Prize Winner”.
Video Completion and Challenge Qualification:
– To consider a video complete the Entrant must watch at least 30% of the video and earn more than 300 points in the class.
– If it is discovered by the Sponsor (using any evidence or other information made available to, or otherwise discovered by, the Sponsor) that any Entrant has used or attempted to use multiple names, identities, and/or email addresses to enter or otherwise participate in or disrupt this Challenge, that person may be disqualified from the Challenge, and any future Challenges of the Sponsor, in the sole discretion of the Sponsor.
– All Entries will be declared invalid if they are late or incomplete.
– The Sponsor reserves the right, in its sole discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification): (i) for the purposes of verifying an Entrant’s eligibility to participate in this Challenge; (ii) for the purposes of verifying the eligibility and/or legitimacy of an Entry entered (or purportedly entered) for the purposes of this Challenge; and/or (iii) for any other reason the Sponsor deems necessary, in their sole discretion, for the purposes of administering this Challenge in accordance with these Official Rules. Failure to provide such proof to the satisfaction of the Sponsor in a timely manner may result in disqualification of the Entrant in the sole discretion of the Sponsor.
2. PRIZES
A maximum of 500 prizes will be awarded during this Challenge (each, a “Prize”, collectively, the “Prizes”). The Prizes are as follows:
- “Prize Winners” will receive branded ClassPass Live water bottles and a ClassPass Live tote bag.
- “Live Prize Winner” will receive branded ClassPass Live water bottles, a ClassPass Live tote bag, and personalized in-class and social media shout-outs from the instructor of their choice.
Each Prize must be accepted as awarded, without substitution, for personal, non-commercial use, and is not transferable, refundable, for resale or convertible to cash. The 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.
3. WINNER SELECTION
The Prize Winners and Live Prize Winner will be determined by looking at the Entrants video history, points, and completion rates during the Challenge Period. If there is a tie between Live Prize Winners, all winners will receive personalized in-class and social media shout outs from the instructor of their choice. The Prize Winners will be contacted by the Sponsor via email to collect shipping address information. If a Prize Winners or Live Prize Winners cannot be contacted or does not respond to the Sponsor’s email within forty-eight (48) hours of the first point of contact (or attempt) by the Sponsor, he/she will be considered to have forfeited his/her respective Prize and will be disqualified. The Sponsor will not be responsible for failed attempts to contact any Prize Winner. No telephone contact, Direct Messaging or other correspondence in association with the Challenge will be entered into except with each Prize Winners.
4. CLAIMING YOUR PRIZE
Upon successful contact with a Prize Winner via email, that Prize Winner will be required to provide their shipping information, as requested by the Sponsor.
If a Prize Winner does not meet all of the Challenge requirements, or refuses to provide the contact information requested by the Sponsor, that Prize Winner will forfeit his/her Prize. The Sponsor is not responsible, whether as a result of human error or otherwise, for any failure to contact any Prize Winner.
5. 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 Sponsor regarding the Challenge, 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 Challenge-related materials, the terms and conditions of these Official Rules shall prevail, govern and control.
6. RELEASE OF LIABILITY
By submitting Entry into this Challenge, 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 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 Challenge, any breach of the Official Rules, or in any Prize-related travel or 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 Challenge, without limitation.
7. 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 Challenge 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 Challenge 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 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 Challenge.
None of the Released Parties assumes any liability for any personal injury or property damage or losses of any kind including, without limitation, direct, indirect, consequential, incidental or punitive damages which may be sustained to an Entrant’s or any other person’s computer equipment resulting from an Entrant’s attempt to either participate in the Challenge or download any information in connection with participating in the Challenge 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.
8. Challenge ADMINISTRATION
All decisions regarding the Challenge remain with the Sponsor. The Sponsor reserves the right, in their sole discretion, to modify, cancel, suspend and/or terminate any or all parts of the Challenge for any reason.
The Sponsor reserves the right, in its sole discretion, to disqualify any individual found to be in violation of these Official Rules. The 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 Challenge, is a violation of criminal and civil laws, and the 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 Challenges of the Sponsor. In its sole determination, the 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 Sponsor reserves the right, in their sole discretion, to terminate or suspend the Challenge should fraud, virus, bugs, or other reasons beyond the control of the Sponsor corrupt the security, proper play or administration of the Challenge.
9. PRIVACY AND PUBLICITY RIGHTS
By accepting the Prize, each Prize Winner grants to the Released Parties, in connection with this Challenge, the right to use his/her biographical information 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 Sponsor respects your right to privacy. Personal information collected from Entrants will be used by the Sponsor to administer the Challenge and shared with the Prize Provider 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 Sponsor, please refer to the Sponsor’s privacy policy, available at www.classpass.com/privacy.
10. GOVERNING LAW
The Challenge shall be governed by the laws of the State of New York, without regard 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 Sponsor in connection with the Challenge 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 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 Challenge and agree that any such determination shall be brought solely and exclusively before such courts. Entrant hereby waives any right to jury trial and agrees that any proceeding will be conducted only on an individual basis and not in a class, consolidate or representative action.
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.