“MAY CHALLENGE” SWEEPSTAKES
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.
- The Promotion. From May 1 through May 30, 2011, Nexercise, Inc. (“Sponsor”) will offer to users of Sponsor’s exercise app an opportunity to register to win a $500 gift card or a $15 Amazon® or iTunes® gift card. Entrants must be registered with Sponsor and must have accumulated exercise points 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.
- To Enter. To enter, visit the setting screen (gear icon) on the Sponsor’s app and complete and save all applicable fields including first and last name, and valid email address. Entrants have the option of connecting to Facebook via the app to provide their name and email to save time and access more social features of the app. Entries must be received between 12:01 AM Eastern time (“ET”) on May 1, 2011 and 11:59 AM ET on May 30, 2011 (“Promotion Period”). 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. Sweepstakes 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.”
- 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: an $500 Gift Card. Weekly Prizes: $15 Amazon® or iTunes® Gift Cards, as determined by Sponsor in each instance. The number of Grand and Weekly prizes depends upon the number of Registered Participants that complete and send in an entry during the Promotion Period in accordance with the following schedule:
Registered Participants Grand Prizes Weekly Prizes 1 – 500 1 1 501 – 1,000 1 2 1,001 – 1,500 2 3 1,501 – 2,000 2 4 2,001 – 2,500 3 5 2,501 + 3 6
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 prize depends upon the number of Registered Participants from whom Sponsor receives eligible entries received but will not exceed $5,000.00.
- Drawing and Awarding of Prizes. The Grand Prize winner(s) will be determined by a random drawing from all valid entries from Registered Participants received during the Promotion Period on or about June 3, 2011. Weekly winners will be determined by a random drawing from all valid entries from Registered Participants received by 11:59 p.m. ET during each Week through May 9, 16, 23 and 30, 2011 respectively, on or about May 10, 17, 24, and June 1, 2011, respectively. Losing entries during any Week will not be carried forward to the following Week for a Weekly Prize but will be eligible for the Grand Prize. Sponsor’s decisions are final on all matters relating to this Sweepstakes. Odds of winning depend upon the number of eligible entries received. Potential winners will be notified by email within five days after the monthly drawing. 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.
- 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 Sweepstakes. Any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, 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 Sweepstakes, but in no event attorney’s fees. Sponsor reserves the right, in its sole discretion, to cancel or suspend part of all of this Sweepstakes 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 Sweepstakes. In such event, Sponsor may award prizes in a random drawing from all eligible entries received up to the date of cancellation or suspension. 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 Sweepstakes or winning a prize if, in its sole discretion, it determines that the entrant is attempting to undermine the legitimate operation of the Sweepstakes 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 SWEEPSTAKES 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.
- Winners List. For a winners’ list, send a stamped, self-addressed envelope for receipt after June 1, 2011, to Sponsor at the address below. VT residents may omit return postage.
- Sponsor. Nexercise, Inc., 8070 Georgia Avenue, Suite 403, Silver Spring, MD 20910.