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.
- CONTEST PERIOD
The ClassPass Gift Guide Sweepstakes (the “Sweepstakes”) begins at 9:00 a.m. Eastern Time (“ET”) on December 1, 2015 and ends at 11:59 p.m. ET on December 20, 2015 (the “Sweeps Period”). It is sponsored by ClassPass Inc., 275 7th Avenue, New York, NY (“Sponsor”). Sponsor’s computer is the official timekeeping device for the Sweepstakes.
To be eligible to enter and win, each “Entrant” must: (i) be a resident of the 50 United States and the District of Columbia; 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).
- HOW TO ENTER AND OTHER REQUIREMENTS
Entry Requirements. 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 Pinterest, 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 Sweepstakes 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 Sweepstakes. All Entries will be declared invalid if they are late, illegible, incomplete, damaged, irregular, forged, garbled or mechanically or electronically reproduced. In order to enter you will be asked to provide your email address. We will use your email address to process your entry and to send you special offers and other information that may be of interest to you. You may opt-out from such receiving communications at any time.
Integrity of Sweeps. If it is discovered by the Sweepstakes Sponsor (using any evidence or other information made available to, or otherwise discovered by, the Sweepstakes 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 Sweepstakes, that person may be disqualified from the Sweepstakes, and any future contests of the Sweepstakes Sponsor, in the sole discretion of the Sweepstakes Sponsor.
Entrant Verification. The Sweepstakes Sponsor reserves the right, in its sole discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sweepstakes Sponsor – including, without limitation, government issued photo identification): (i) for the purposes of verifying an Entrant’s eligibility to participate in this Sweepstakes; (ii) for the purposes of verifying the eligibility and/or legitimacy of an Entry entered (or purportedly entered) for the purposes of this Sweepstakes; and/or (iii) for any other reason the Sweepstakes Sponsor deems necessary, in their sole discretion, for the purposes of administering this Sweepstakes in accordance with these Official Rules. Failure to provide such proof to the satisfaction of the Sweepstakes Sponsor in a timely manner may result in disqualification of the Entrant in the sole discretion of the Sweepstakes Sponsor.
Each potential winner of a Prize (each 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 Pinterest 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 Pinterest 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.
Ownership of Entry. All Entries shall become the property of the Sweepstakes Sponsor and none shall be returned. In consideration of their entry into this Sweepstakes, each Entrant irrevocably assigns and transfers to the Sweepstakes Sponsor any and all rights, title, and interest in the Entry. The Sweepstakes 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.
Nine (9) different prizes will be awarded during this Contest (each, a “Prize”, collectively, the “Prizes”) consisting of the following*:
- Forerunner 225 by Garmin: ARV $299.99
- Smart Sports Bra by Sensoria: ARV $139
- Sport Coach Bluetooth Headphones by Jabra: ARV $149.99
- Wearable Capris by Athos: ARV $149
- Ultra Slim Extended Battery iPhone 6 Case by Anker: ARV $39.99
- Zest Light Therapy by Lumie: ARV $153.43
- Power Wallet by Triple C: ARV $79.99
- Fitbit Charge by Fitbit: ARV $129.95
- One free month of ClassPass: ARV $79-$125
The total approximate retail value across all of the Prizes is $1,240.34-$1,286.34. The winner of each of the Prizes (“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 Sweepstakes 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 Sweepstakes 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 Sweepstakes Period.
*See ClassPass.com for cities where ClassPass is available.
- WINNER SELECTION
The Prize Winners will be determined by a random drawing from amongst all eligible Entries per Prize received during the Sweeps Period which will occur at the headquarters of the Sweepstakes Sponsor. The Selected Entrants will be contacted by the Sweepstakes Sponsor via the email address provided during registration for the Sweepstakes. If a Selected Entrant cannot be contacted or does not respond to the Sweepstakes Sponsor’s email within forty-eight (48) hours of the first point of contact (or attempt) by the Sweepstakes Sponsor, he/she will be considered to have forfeited his/her respective Prize and will be disqualified and another Entrant may be selected from the remaining eligible Entries until such time as contact is made with each Selected Entrant, there are no more eligible Entries, or there is insufficient time to award a Prize, whichever comes first. The Sweepstakes Sponsor will not be responsible for failed attempts to contact any Selected Entrant. No telephone contact or other correspondence in association with the Sweepstakes will be entered into except with each Selected Entrant.
- 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 Sweepstakes Sponsor (e.g., full name, age, telephone number, email address). To be declared a Prize Winner, each Selected Entrant will also be required to sign an Affidavit of Eligibility, Liability Release and Publicity Release (except where prohibited by law) (the “Release Form”) confirming compliance with the Official Rules, acceptance of the Prize as awarded, without substitution, granting rights in the Entry, and releasing the Released Parties from any liability in connection with the Prize or the Sweepstakes before being granted his/her Prize.
If a Selected Entrant does not meet all of the Sweepstakes requirements, refuses to provide the contact information requested by the Sweepstakes Sponsor or does not sign and return the Release Form to the Sweepstakes Sponsor within the time frame specified, that Selected Entrant will forfeit his/her Prize and the Sweepstakes Sponsor shall be entitled (but not obligated) to select another Entrant from the remaining eligible Entries until such time as contact is made with an Entrant or there are no more eligible Entries, whichever comes first. This process may continue until each Prize has been awarded or there is insufficient time to permit the awarding of a Prize. The Sweepstakes Sponsor is not responsible, whether as a result of human error or otherwise, for any failure to contact any Selected Entrant.
The Sweepstakes Sponsor will contact each Winner following receipt of his/her signed Release Form to arrange for delivery of his/her Prize.
- 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 Sweepstakes 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 Sweepstakes-related materials, the terms and conditions of these Official Rules shall prevail, govern and control.
- RELEASE OF LIABILITY
By submitting an Entry into this Sweepstakes, 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 Pinterest 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 Sweepstakes, 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 Sweepstakes, without limitation.
- 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 Sweepstakes or by any technical or human error which may occur in the processing of Entries, the selection of Prize Winners or for any printing or other errors in any Sweepstakes 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 Sweepstakes.
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 Sweepstakes 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.
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 Entrants participation in the Sweepstakes, including the Released Parties’ use of that Entrant’s Entry.
- CONTEST ADMINISTRATION
All decisions regarding the Sweepstakes remain with the Sweepstakes Sponsor. The Sweepstakes Sponsor reserves the right, in its sole discretion, to modify, cancel, suspend and/or terminate any or all parts of the Sweepstakes for any reason.
The Sweepstakes Sponsor reserves the right, in its sole discretion, to disqualify any individual found to be in violation of these Official Rules. The Sweepstakes 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 Sweepstakes, is a violation of criminal and civil laws, and the Sweepstakes 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 Sweepstakes Sponsor. In its sole determination, the Sweepstakes 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 Sweepstakes Sponsor reserves the right, in their sole discretion, to terminate or suspend the Sweepstakes should fraud, virus, bugs, or other reasons beyond the control of the Contest Sponsor corrupt the security, proper play or administration of the Sweepstakes.
- PRIVACY AND PUBLICITY RIGHTS
By accepting the Prize, each Winner grants to the Released Parties, in connection with this Sweepstakes, the right to use his/her name, Pinterest 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.
- GOVERNING LAW
The Sweepstakes 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 Sweepstakes 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 Sweepstakes 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 Sweepstakes 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 Sweepstakes is not in any manner sponsored, endorsed, administered by or associated with Pinterest. You are providing your information to the Sweepstakes Sponsor and not to Pinterest.