Planet Fitness Thumbs Up Selfie Sweepstakes Official Rules 2019
1. NO PURCHASE NECESSARY TO PARTICIPATE OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHEREVER PROHIBITED OR RESTRICTED BY LAW.
3. Sweepstakes Period: The Sweepstakes begins at 12:00:00 am Eastern Time (“ET”) on 12/17/18 and ends at 11:59:59 pm ET on 1/17/19 (the “Sweepstakes Period”). Administrator’s computer is the official time-keeping device of the Sweepstakes.
4. How To Enter: There are four (4) possible methods of entry into the Sweepstakes. To participate via methods A, B, or C, you will need to have a Facebook, Instagram or Twitter account. Creating an account is free, but subject to the terms and conditions of each social media platform noted below. Posting on Instagram requires a mobile device, and message and data rates may apply. If you are participating through a mobile device using your wireless carrier’s network, standard text message and data charges may apply and are entrant’s sole responsibility. Contact your wireless carrier for full details. Method D is a free alternate method of entry.
Regardless of method of entry, there is a limit of one (1) entry, per person, throughout the Sweepstakes Period. All entry methods must comply with the Submission Guidelines in Rule 5, as applicable.
D) Email Method of Entry: To enter the Sweepstakes without taking a selfie and submitting a Photo via Facebook, Instagram or Twitter, you may, during the Sweepstakes Period, send an email to email@example.com, with “PF NYE Sweeps” in the subject line. Your email must include: (i) your full name, (ii) mailing address (and county, no P.O. Boxes), (iii) telephone number with area code, (iv) a statement that you are 18 years of age or older, and (v) a statement that you have read and agree to these Official Rules. You will earn one (1) entry into the Sweepstakes.
For all Entries: Any attempt by a participant to obtain more than one entry, by using multiple/different e-mail addresses, Facebook, Instagram or Twitter accounts, identities, or any other online methods, may void all of such participant’s entries. Entrants and winner acknowledge and agree that their entries become the property of the Sponsor, which thereby has the right to edit, adapt, modify, reproduce, promote and otherwise use entries (or excerpts of entries) in any way it sees fit. Proof of submission of an entry is not proof of receipt by Sponsor. Automated, script, macro or robotic entries will be disqualified. Entries become the property of Sponsor upon receipt and will not be acknowledged or returned. Multiple participants are not permitted to share the same email address or social media account. Incomplete entries, entries generated by script, macro or other automated means, entries that do not fully comply with these Official Rules, including, without limitation the Submission Guidelines, or entries which subvert the entry process, in the sole discretion of Sponsor, may be disqualified. Entries received from any person, regardless of account used, in excess of the above stated limitation, will be void. All entries must be received during the Sweepstakes Period to be eligible. In the event of a dispute as to the identity of an entrant, the entrant will be deemed the authorized account holder of the Facebook, Instagram, Twitter or email account used to enter the Sweepstakes. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses used to create Facebook, Instagram, Twitter or email accounts. Each potential winner may be required to show proof of being an authorized account holder of the email address.
5. Submission Guidelines: Each entry submitted to this Sweepstakes must comply with the following Submission Guidelines (as applicable). Any entry that, in Sponsor’s sole and absolute discretion, violates these Official Rules or the Submission Guidelines will be disqualified.
Entries must NOT, in the sole discretion of Sponsor:
- Contain the image or likeness of any person other than the entrant. Entrant must be the only person depicted in a Photo.
Contain language that violates or infringes upon another’s rights, including but not limited to privacy, publicity or intellectual property rights (including, without limitation, trademark or copyright infringement), without permission;
Disparage Sponsor or its products or services, Sponsor’s competitors or their products or services, or any other person or party affiliated with the Sweepstakes;
Contain company names, product names, brand names, logos or trademarks other than those owned by Sponsor, which participant has a limited license to use for this Sweepstakes;
Contain the names, likenesses, or other indicia identifying any celebrities and/or other public or private figure, living or dead, without permission;
Contain language that is inappropriate, indecent, obscene, profane, hateful, tortious, defamatory, slanderous, controversial or libelous;
Contain language that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
Contain language that is unlawful, in violation of or contrary to applicable laws or regulations; and/or
Contain language in which the Released Parties do not wish to associate themselves with, in their sole discretion.
All entries must be in English.
All entries must be the sole property of the entrant, and must not have been entered in any other promotions, including any promotions sponsored by Sponsor.
All Photos must be in a format acceptable to the platform where it is uploaded.
6. Prize Drawing/Prize/Odds/Actual Retail Value (“ARV”): On or about three (3) days after the Sweepstakes Period has ended, Administrator, an independent judging organization, shall perform a random prize drawing from among all eligible entries received throughout the Sweepstakes Period, in order to select six (6) potential Grand Prize (“Grand Prize”) winners, ten (10) potential First Prize (“First Prize”) winners and nineteen (19) potential Second Prize (“Second Prize”) winners) (collectively, “prize winners”). The potential Grand Prize winners will be selected first, followed by the potential First Prize and Second Prize winners.
Once confirmed, as detailed below, the six (6) Grand Prize winners will each receive a Five Hundred Dollar ($500) gift card. The total ARV of the Grand Prizes to be awarded is Three Thousand Dollars ($3,000).
Once confirmed, as detailed below, the ten (10) First Prize winners will each receive a One Hundred Dollar ($100) gift card. The total ARV of the First Prizes to be awarded is One Thousand Dollars ($1,000).
Once confirmed, as detailed below, the nineteen (19) Second Prize winners will each receive a Fifty Dollar ($50) gift card. The total ARV of the Second Prizes to be awarded is Nine Hundred and Fifty Dollars ($950).
Total ARV of all prizes: Four Thousand, Nine Hundred and Fifty Dollars ($4,950).
All prizes will be awarded to verified winners in the form of a Visa® Gift Card, unless a prize winner has not yet reached the age of majority in his or her state, in which case the gift card will be awarded to entrant’s parent or legal guardian upon such parent or legal guardian’s execution of a release form acknowledging consent to these Official Rules. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Visa, and no such association with or endorsement by Visa of this Sweepstakes is intended or implied. References to companies, products and services mentioned herein, and any corresponding likenesses, logos and images thereof reproduced herein, have been used for identification purposes only and may be the copyrighted properties and trademarks of their respective owners. The inclusion of a product or service as a prize, does not imply any association with or endorsement by such company or the manufacturer or distributor of such product or service and, no association or endorsement is intended or implied.
The odds of winning any prize depend on the total number of eligible entries received during the Sweepstakes Period.
7. Prize Conditions/Taxes: In the event, there are not enough eligible entries to award all applicable prizes, Sponsor retains the right only to award as many prizes as there are eligible entries, starting with the Grand Prizes. Gift cards may be subject to restrictions and an expiration date. The prize restrictions/conditions stated herein are not all-inclusive. No transfer or substitution for any prize, in whole or in part, will be permitted except at Sponsor's sole discretion due to prize unavailability for any reason, and only then for a prize of greater or equal value determined by Sponsor. Verified prize winners are responsible for all taxes and fees associated with receipt and use of their prizes.
8. Prize Winner Notification/Verification/Publicity: The potential Prize winners must comply with these Official Rules as published in order to be confirmed as an official winner and accept the prize. On or about three (3) business days after the random drawing, Sponsor or Administrator will notify the potential Prize winners via direct message on the social media platform used for entry, or via email if the email method of entry was used. Upon notification or notification attempt, the potential Prize winners will be required to respond to such notification as provided, confirming eligibility, accepting the prize and providing his/ her residential address (no P.O. Boxes) and email address (as requested), for prize delivery purposes, within forty-eight (48) hours of such notification or notification attempt, or the Prize will be forfeited, and an alternate potential Prize winner will be selected in accordance with the procedure described below. Sponsor will attempt to contact the potential prize winner two (2) times during the forty-eight (48) hour period. If in any instance, notification attempt(s) for the potential Prize winners fail for any reason, or if the potential Prize winner is found to have not complied with these Official Rules or instructions upon notification, such Prize will be forfeited and an alternate potential Prize winner will be selected via random drawing from amongst all remaining eligible entries received during the Sweepstakes Period. Sponsor will conduct up to three (3) alternative drawings for any forfeited prize. Acceptance of a prize constitutes permission for the Sponsor and its designees to use the name, account information, email, or actual or simulated likeness, biographical information, city, state, opinions, and prize information of the prize winner in connection with the Sweepstakes and the marketing thereof (including, without limitation, for advertising and promotional purposes), in perpetuity, throughout the universe, in all media, without additional compensations, unless prohibited by law. Prizes will be mailed to verified winners within 4 - 6 weeks of winner verification.
9. General Terms/Limitation of Liability: Noncompliance with any of these Official Rules may result in disqualification. Sponsor assumes no responsibility for late, lost, jumbled, incorrect, misdirected, incomplete, damaged or inaccurate entries, whether caused by any of the equipment or programming associated with or utilized in this Sweepstakes or by any human error. Sponsor is not responsible for any problems or technical malfunction(s) of any telephone network or lines, computer online systems, servers or other services, providers, computer equipment, software, failure of any e-mail, technical problems or traffic congestion on the Internet or at any website including, without limitation, any injury or damage to participant's or any other person's computer related to or resulting from participation in this Sweepstakes. Sponsor is not responsible for any typographical or other error(s) in administration of the Sweepstakes, or in the selection/announcement of any prize winner. If, for any reason, the Sweepstakes is not capable of running as planned, including, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend the Sweepstakes. Should the Sweepstakes be terminated prior to the stated end date, notice will be posted where Sponsor deems fit and Sponsor may elect to award prizes by conducting a random drawing from amongst all eligible entries received up until the time of termination. All interpretations of these Official Rules and decisions by Sponsor are final. No software-generated, robotic, programmed, script, macro or other automated entries are permitted. Sponsor reserves the right in its sole discretion to disqualify any individual it suspects or finds: (i) to have used a software-generated, robotic, programmed, script, macro or other automated online entry mechanic; (ii) to have tampered with the participation process or the operation of this Sweepstakes; (iii) to be acting in violation of these Official Rules; (iv) to be acting in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other person; or (v) to have provided inaccurate information on any legal documents submitted in connection with this Sweepstakes. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR APPLICATION OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. Participants agree that the Sweepstakes Parties, including Facebook, Instagram and Twitter, and each of such parties’ respective agents, employees, officers, directors, shareholders, successors and assigns (collectively, “Released Parties”): (a) shall not be responsible or liable for, and hereby release, hold harmless and agree to indemnify the Released Parties from, any claims, losses, damages or injuries of any kind (including death) resulting, in whole or in part, directly or indirectly, from participation in the Sweepstakes or any Sweepstakes-related activity, or from acceptance, receipt, possession and/or use/misuse or inability to use any prize, including but not limited to any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property-related cause of action; and (b) have not made any warranty, representation or guarantee, express or implied, in fact or in law, with respect to a prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. The Released Parties shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience or irregularity that may be caused or contributed to: (1) by any wrongful, negligent or unauthorized act or omission on the part of any of their agents, servants, employees or independent contractors; (2) by any wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Released Parties; or (3) by any other cause, condition or event whatsoever beyond the control of the Released Parties. Failure of Sponsor to enforce any provision herein shall not be deemed a waiver of such. UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN AWARDS FOR, AND PARTICIPANTS HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER. IN NO EVENT SHALL SPONSOR BE LIABLE TO ANY PARTICIPANT OR WINNER FOR DAMAGES THAT EXCEED THE VALUE OF THE PRIZE TO BE AWARDED TO THE INDIVIDUAL ENTRANT IN THIS SWEEPSTAKES. In the event that a court, or other tribunal of competent jurisdiction, shall hold any of the provisions of these Official Rules to be illegal, invalid, or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Official Rules shall otherwise remain in full force and effect.
10. Governing Law/Venue: THE SWEEPSTAKES IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW HAMPSHIRE, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN NEW HAMPSHIRE. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN NEW HAMPSHIRE. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE ROCKINGHAM COUNTY OF NEW HAMPSHIRE. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ENTRANTS AGREE THAT ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SWEEPSTAKES SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
11. Request for the Name of Winner and/or Official Rules: For the names of the prize winners, available after the Sweepstakes Period has ended, send a self-addressed stamped envelope, which must be received by 2/4/19, to Planet Fitness Thumbs Up Selfie Sweepstakes Winners, c/o Advantage Sales and Marketing D.B.A The Sunflower Group, 300 Foxboro Blvd, Foxboro, MA 02035.
12. Sponsor: Pla-Fit Franchise, LLC, 4 Liberty Lane, West Hampton, NH 03842.