March Madness Challenge: Official Rules

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NEXERCISE, INC.

“MARCH MADNESS CHALLENGE”

OFFICIAL RULES

NOTICE:  THE FOLLOWING PROMOTION IS INTENDED FOR VIEWING ONLY IN THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA.  DO NOT PROCEED ON THIS SITE IF YOU DO NOT RESIDE THERE.  PARTICIPATION CONSTITUTES AGREEMENT WITH AND ACCEPTANCE OF THE FOLLOWING OFFICIAL RULES.

NO PURCHASE NECESSARY TO ENTER OR WIN.

  1. The Promotion.  From March 16 through April 7, 2014, Nexercise, Inc. (“Sponsor”) will offer to users of Sponsor’s exercise app an opportunity to compete to win a $300 Nike® gift card, a $200 Sports Authority® gift card, or one of two $100 Amazon® gift cards.  Entrants must be registered with Sponsor and must have accumulated exercise points (XP) to enter.  Each valid exercise point accumulated during the Promotion Period (defined below) by a Registered Participant (defined below) following his or her entry in accordance with these rules is a separate entry.  Sponsor reserves the right to verify exercise points and disqualify any entrant who enters or attempts to enter false exercise activity.
  2. To Enter.  To enter, send an email to [email protected] stating desire to take part in the Nexercise March Madness Challenge.  The email must contain a photo and a 140 character participant description, including the name of the participants state of residence.  The first 64 individuals to send completed entry emails to [email protected] will participate in the challenge.  Once the 64 individuals are identified, Nexercise will generate a competitor bracket, which will be published on the Nexercise blog.  Each participant will start with zero (0) eXperience Points (XP).  All entries must be received by 12:01 AM Pacific time (“PT”) on March 14, 2014.  Sponsor’s webservers are the official time keeping device for entries.  Limit one registration per person and per device.  Sponsor will not verify receipt of entries.  Automated or mechanically reproduced entries are prohibited, and any use of such automated or mechanical devices will cause disqualification.  Sponsor and its advertising and promotions agencies are not responsible for lost, late, illegible, misdirected or stolen entries or transmissions, or problems of any kind whether mechanical, human or electronic.  Challenge entries are the property of Sponsor and will not be returned. Each eligible entrant who properly completes and sends in an entry is a “Registered Participant.”
  3. Eligibility.  Only open to legal residents of the 50 United States and the District of Columbia (“US”), who are 18 years or older.  Void where prohibited or restricted by law.  Employees of Sponsor and its affiliates, its advertising and promotional agencies, and their immediate families (parents, siblings, sponsor and children) or residents of the same household are not eligible.  All federal, state and local laws and regulations apply.  This promotion is intended for viewing in the US only and shall only be construed and evaluated according to US law.

Prize Details.  Grand Prize: Vitamix OR Customized Nike Shoes.  Second Place Prize: Fitbit Flex OR Bose Quiet Comfort Headphones.  Third and Fourth Place Prize: $100 Gift card of choice.

Prizes claimed will be awarded.  Prizes cannot be transferred, substituted or redeemed for cash except at Sponsor’s sole discretion.  Federal, state and local taxes are the responsibility of the winner.  Sponsor reserves the right to substitute a prize with a prize of equal or greater value.  The aggregate approximate retail value of all prizes $700.00.

  1. Challenge and Awarding of Prizes.  The sixty-four (64) participants will be matched up with each other to create a bracket with thirty-two (32) simultaneous competitions (Round 1).  The Challenge will begin on March 18, 2014 at 12:01 AM PT.  From March 18, 2014 at 12:01 AM PT until March 19, 2014 at 11:59 PM PT, the participants will attempt to exercise to accumulate XP.  The thirty-two (32) participants in each pairing with the most XP at the end of Round 1 will advance to Round 2 where they will be paired with the remaining participants to form sixteen (16) simultaneous competitions (Round 2).  Round 2 will run from March 20, 2014 at 12:01 AM PT until March 21, 2014 at 11:59 PM PT.   The sixteen (16) participants in each pairing with the most XP at the end of Round 2 will advance to Round 3 where they will be paired with the remaining participants to form eight (8) simultaneous competitions (Round 3).   Round 3 will run from March 22, 2014 at 12:01 AM PT until March 23, 2014 at 11:59 PM PT.   The eight (8) participants in each pairing with the most XP at the end of Round 3 will advance to Round 4 where they will be paired with the remaining participants to form four (4) simultaneous competitions (Round 4).  Round 4 will run from March 24, 2014 at 12:01 AM PT until March 30, 2014 at 11:59 PM PT.   The four (4) participants in each pairing with the most XP at the end of Round 4 will advance to Round 5 where they will be paired with the remaining participants to form two (2) simultaneous competitions (Round 5).  Round 5 will run from March 31, 2014 at 12:01 AM PT until April 4, 2014 at 11:59 PM PT.   The two (2) participants in each pairing with the most XP at the end of Round 5 will advance to Round 6 where they will be paired with the remaining participants to form one (1) final competition (Round 6).  Round 6 will run from April 5, 2014 at 12:01 AM PT until April 7, 2014 at 11:59 PM PT.   The one (1) participant with the most XP at the end of Round 6 will be named the Nexercise March Madness Challenge Champion.  The winner and three runner-ups will be notified by email within five days after the final day of the Challenge.  If a potential winner cannot be reached within five (5) calendar days from the first notification attempt, then such person shall be disqualified and an alternate winner will be selected.  Winner will be required to sign an affidavit of eligibility and liability/publicity release within 14 days after notification or prize will be forfeited and awarded to an alternate winner.
  2. Limitation of Liability.  Each winner agrees that (except where prohibited) Sponsor may use winner’s name, picture, portrait, likeness and voice for advertising and promotional purposes without further compensation.  Sponsor, its promotional and advertising agencies, and all respective officer directors, employees, representatives and agents shall have no liability and shall be held harmless by winners for any damage, loss or liability to person or property, due in whole or part, directly or indirectly, by reason of the acceptance, possession, use, misuse or non-use of the prize or participation in this Challenge.  Any and all disputes, claims and causes of action arising out of or connected with this Challenge, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration.  Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Challenge, but in no event attorney’s fees.  Sponsor reserves the right, in its sole discretion, to cancel or suspend part of all of this Challenge should virus, bugs, non-authorized human intervention or other causes beyond the control of sponsor corrupt or impair the administration, security, fairness or proper play of the Challenge.  In such event, Sponsor may award prizes based on standings at the end of the most recently completed period of the competition.  Sponsor and its promotion and advertising agencies are not responsible for technical, hardware, software or telephone failures of any kind, lost or unavailable network connections, fraud, incomplete, garbled or delayed computer transmissions whether caused by the sponsor, users or by any of the equipment or programming associated with or utilized in the promotion or by any technical or human error which may occur in the processing of submissions which may damage a user’s system or limit a participant’s ability to participate in the promotion.  Sponsor may prohibit an entrant from participating in the Challenge or winning a prize if, in its sole discretion, it determines that the entrant is attempting to undermine the legitimate operation of the Challenge 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.  Offer void where prohibited and subject to federal, state and local laws.

CAUTION:  ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE COMPETITION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

  1. Winners List.  For a winners’ list, send a stamped, self-addressed envelope for receipt after April 15, 2014, to Sponsor at the address below.  VT residents may omit return postage.
  2. Sponsor.  Nexercise, Inc., 8639-B 16th Street, Suite 132, Silver Spring, MD 20910.
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