ULTIMATE TOTAL GYM GIVEAWAY
VOID IN FLORIDA, NEW YORK AND WHERE PROHIBITED BY LAW. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. Subject to all federal, state and local laws, regulations and ordinances. Promotion begins on November 16, 2016 at 10:00 a.m. Eastern Time (“ET”) and ends on February 5, 2017 at 11:59 p.m. ET (the “Promotion Period”).
Eligibility: The Ultimate Total Gym Giveaway (the “Promotion”) is open to legal U.S. residents currently residing in the United States including the District of Columbia, except residents of Florida and New York where the Promotion is void, who are 18 years or older as of the date of entry. Employees, officers, and directors of Total Gym Fitness, LLC (collectively “Sponsor”) or its parent companies, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, marketing and advertising agencies, public relations, promotional, fulfillment, marketing agencies, and members of their immediate families (spouses, parents, siblings and children) and those living in the same household are not eligible to enter or win. Participation constitutes Entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein. All Entrants must have access to the Internet prior to the start of the Promotion. Sponsor reserves the right to verify the eligibility of winners.
How to Enter: Only online entries will be accepted and must contain a valid email address. During the Promotion Period, Entrants must go to campaign.totalgymdirect.com and complete and submit the registration form. Upon completion and submission of the registration form, you automatically will be entered with one (1) entry into the Promotion to win a Total Gym® prize package. Limit one award per person, per email address, and per household. Eligible entries shall roll over into subsequent weeks; however, selected Winners are ineligible to win in subsequent weeks for this Promotion. You must provide all required information to be eligible to enter and win. All potential winners are subject to verification before any prize will be awarded. Any attempt by any participant to obtain more than the stated number of entries by using multiple and/or different identities, email address, or any other methods will void that participant’s entries, and that participant may be disqualified at Sponsor’s discretion. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected registrations, which will be disqualified. Potential winners may be required to show proof of being the authorized account holder to the Sponsor or forfeit the prize. Entries specifying an invalid, non-working, or inactive email address will be disqualified and ineligible to win.
Selection of Winners: During the Promotion Period, a total of twelve (12) winners will be selected. The name of one (1) potential winner will be selected each week in a random drawing among the entries received, conducted by CometAds, an independent agency, whose decision is final in all matters relating to this Promotion. The drawings will be held each Monday at or about 10 a.m. (ET), beginning on November 21, 2016 with the final drawing on February 6, 2017. The odds of winning are based on the number of eligible entries received. The potential Winner must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements in these Official Rules. The potential Winner will be notified by email within seventy-two (72) hours after the date of random drawing. If the potential Winner does not respond within seven (7) days after the first attempt to contact him/her or that a potential Winner is disqualified for any reason, that potential Winner will be deemed to have forfeited the prize, and Sponsor will select an alternate potential Winner in his/her place at random from all eligible entries received. If a winner is 18 or older but not of the age of majority in state of residence, prize will either be awarded in the name of parent or legal guardian, or parent or legal guardian must ratify and sign any and all documents required of winner. Except where prohibited, the potential Winner may be required to complete and return an affidavit of eligibility and publicity release (the “Affidavit/Release”) within seven (7) days of winner notification. If the potential winner fails to sign and return the Affidavit/Release within the required time period, that potential winner will be deemed to have forfeited the prize. Winner grants Sponsor the right and permission to print and/or publish the Winner’s name, city and state of residency, in any form of media, including the Internet, for advertising and promotional purposes. Noncompliance with the foregoing or failure to abide by these Official Rules may result in disqualification.
Prizes; Grand Prize; Prize Restrictions:
i. Weeks 1 through 3 (Nov. 16 – Dec. 4, 2016) – Three (3) winners will be awarded a prize package that includes one (1) Total Gym® Supreme and three (3) Fit Blast Meal Replacement Shakes. Approximate Retail Value (“ARV”) of each Supreme unit is $529.75; Shakes $119.85, for an individual prize package of $649.60. Total ARV of the Supreme prize packages is $1,948.80.
Drawings held Nov. 21, Nov. 28 and Dec. 5, 2016
ii. Weeks 4 through 6 (Dec. 5 – Dec. 25, 2016) – Three (3) winners will be awarded a prize package that includes one (1) Total Gym XLS and six (6) Fit Blast Meal Replacement Shakes. The ARV of each XLS unit is $999.50; Shakes $239.70, for an individual prize package of $1,239.20. Total ARV of the XLS prize packages is $3,717.60.
Drawings held Dec. 12, Dec. 19 and Dec. 26, 2016
iii. Weeks 7 through 9 (Dec. 26, 2016 – Jan. 15, 2017) – Three (3) winners will be awarded a prize package that includes one (1) Total Gym® Row Trainer and six (6) Fit Blast Meal Replacement Shakes. The ARV of each Row Trainer is $1,195.00; Shakes $239.70, for an individual prize package of $1,434.70. Total ARV of the Row Trainer prize packages is $4,304.10.
Drawings held Jan 2, Jan. 9 and Jan. 16, 2016
iv. Weeks 10 and 11 (Jan. 16 – Jan. 29, 2017) – Two (2) winners will be awarded a prize package that includes one (1) Total Gym® Fit and six (6) Fit Blast Meal Replacement Shakes. The ARV of each Fit unit is $1,571.00; Shakes $239.70, for an individual prize package of $1,810.70. Total ARV of the Fit prize packages is $3,621.40.
Drawings held Jan. 23 and Jan. 30, 2017
v. Final week 12 (Jan. 30 – Feb. 5, 2017) – One (1) winner will be awarded the Grand Prize package that includes one (1) each of the Total Gym® GTS, Total Gym® Row Trainer, 3Grip Pull-up Bar, Retractable Dip Bars, SCRUNCH accessory, Shoulder Press Bar, Squat Handle Bar, Weight Bar, Leg Pulley System, and twelve (12) Fit Blast Meal Replacement Shakes. The ARV of the GTS unit is $3,795.00; Row Trainer $1,195.00; 3Grip Pull-up Bar $189.00; Dip Bars $189.00; SCRUNCH accessory $189.00; Shoulder Press Bar $189.00; Leg Pulley System $159.00; Squat Handle Bar $75.00; Weight Bar $40.00; and Shakes $479.40. Total ARV of the Grand Prize package is $6,499.40.
Drawing held February 6, 2017
Total ARV of all Promotion packages is $20,091.30. Limit one prize per person, per email and per household. Any and all applicable federal, state, and local taxes and all fees and expenses related to acceptance and use of prizes not specifically stated herein are the sole responsibility of the individual prize winner. Winners may be required to complete an IRS Form W-9 and will receive an IRS Form 1099 for the ARV of the prize. Prize cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsor reserves the right to make equivalent prize substitutions at its sole discretion. Sponsor will not replace any lost or stolen prizes. Prizes cannot be used in conjunction with any other promotion or offer.
Optional Sharing; Additional Prize: After completing the registration form, entrants have the option to share this Promotion through social media sites (i.e. Facebook, Twitter, Instagram, Pinterest, and email). For each eligible share, you will automatically be entered to win a $500 Gift Card*. Entrants will also earn an extra entry each time a recipient of their share completes the registration form for this Promotion. One (1) winner will randomly be selected from among the eligible entries received and have shared this Promotion through social media; however, prior selected Winners from this Promotion are ineligible. The drawing will be held on Monday, February 6, 2017, after the final selection of the Grand Prize winner has been drawn. The odds of winning are based on the number of eligible entries received. The potential Winner will be notified by email within seventy-two (72) hours after the date of random drawing. The terms and conditions stated in “Selection of Winners” above shall also apply to the winner of the Gift Card, and winning is contingent upon fulfilling all requirements in these Official Rules.
*Gift Card will be an American Express or other Merchant selected by Sponsor; additional terms and conditions appearing on the Gift Card may be imposed by Merchant.
General Conditions: This Promotion is governed by and is subject to all applicable United States federal, state and local laws. Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor in its sole discretion. Sponsor is not responsible for late, lost, incomplete, misdirected, illegible entries; interrupted, unavailable network, server, or other connections, garbled transmissions or miscommunications; computer or software malfunctions or damage to a user’s computer equipment, technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. Proof of sending or submission of entry will not be deemed proof of receipt by Sponsor. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process and/or the legitimate operation of the Promotion or to violate the Official Rules. If, for any reason, the Promotion is not capable of running as planned, Sponsor may, in its sole discretion, void any suspect entries and (a) cancel or terminate the Promotion (or any portion thereof); (b) modify the Promotion or suspend the Promotion to address the impairment and then resume the Promotion in a manner that best conforms to the spirit of these Official Rules; or (c) award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment.
Release and Limitations of Liability: By participating in this promotion, Entrants agree that Sponsor and its affiliates, subsidiaries, representatives, consultants, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, web site providers, and their respective officers, directors, employees, representatives and agents (the “Released Parties”) are not responsible for: (1) any incorrect or inaccurate information, whether caused by Entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Promotion or receipt or use or misuse of any prize. If for any reason an Entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Entrant’s sole remedy is another entry in the Promotion, provided that if it is not possible to award another entry due to discontinuance of the Promotion, or any part of it, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
BY PARTICIPATING IN THIS PROMOTION, ENTRANTS AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THIS PROMOTION OR IN ANY PROMOTION RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO TRAVEL CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS PROMOTION, INCLUDING ALL PRIZES, ARE PROVIDED “AS IS” WITHOUT 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. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
Publicity. EXCEPT WHERE PROHIBITED BY LAW, WINNERS GRANT TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR), THEIR SUBSIDIARIES, AFFILIATES, RETAILERS, DISTRIBUTORS, ADVERTISING AND PROMOTION AGENCIES, SUPPLIERS, AND THOSE ACTING PURSUANT TO ITS AUTHORITY, THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, EACH WINNER’S NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, AND BIOGRAPHICAL INFORMATION FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION. ENTRANTS AGREE THAT SPONSOR SHALL OWN THE ENTRIES, WHICH WILL NOT BE ACKNOWLEDGED OR RETURNED, AND THAT SPONSOR AND ITS DESIGNEES SHALL HAVE THE PERPETUAL, WORLDWIDE RIGHT TO EDIT, PUBLISH, AND USE THE ENTRIES IN ANY WAY AND IN ANY MEDIA FOR TRADE, ADVERTISING, PROMOTIONAL, AND/OR OTHER PURPOSES AS SPONSOR AND/OR ITS DESIGNEES MAY DETERMINE WITHOUT FURTHER CONSIDERATION TO ENTRANTS OR ANY THIRD PARTY.
Sponsor/Official Rules/Winners list: For a copy of the Official Rules, visit campaign.totalgymdirect.com or send a stamped, self-addressed envelope to Sponsor. For a list of winners available after February 6, 2017, send a stamped, self-addressed envelope to Sponsor at: Total Gym Fitness, LLC, Attention: Ultimate Total Gym Giveaway, 835 Springdale Drive, Exton, PA 19341.
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