CONTEST OFFICIAL RULES
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL DETERMINATIONS MADE BY OYO FITNESS ARE FINAL. ENTRY INTO THE CONTEST CONSTITUTES ACCEPTANCE OF THESE OFFICIAL RULES. VOID WHERE PROHIBITED.
Agreement to Official Rules
Participation in an OYO Fitness contest (“Contest”) constitutes each Contest participant’s (each an “Entrant”) full and unconditional agreement to and acceptance of these Contest rules (“Official Rules”) and the decisions of OYO Fitness or its designee (including, without limitation, decisions regarding eligibility and judging of Contest Entries (as defined below), selection of Contest Winners (as defined below), and the awarding of any Contest prizes), which are final and binding in all respects. Winning a prize is contingent upon being compliant with these Official Rules and fulfilling all other requirements set forth herein.
Contests will begin and end on the dates as specified in the particular Contest announcement (the “Promotion Period”). OYO Fitness’ time-keeping system is the official time-keeping device for the Contest, and OYO Fitness may also rely on the time processing functions of Facebook, Instagram, and/or Twitter, as relevant. OYO Fitness Contests are open only to individual persons at least eighteen (18) years of age. Void where prohibited or restricted by law. Any effort by an Entrant to misrepresent himself or herself through the use of aliases or multiple email addresses will disqualify that Entrant. Contest Entries generated by a script, bot, macro or other automated means are void. Employees, contractors and agents (and their immediate families and household members) of OYO Fitness, its subsidiaries, affiliates, and divisions, and persons who were awarded a prize or received other promotional consideration from OYO Fitness within the last six (6) months prior to the beginning of the Contest period are also not eligible to participate or win. For the avoidance of doubt, if it is found, in OYO Fitness’ sole discretion, at any time during or after the Contest period, that any of the eligibility criteria herein are not met with respect to any Entrant, such Entrant may be disqualified from the Contest. OYO Fitness’ determination of eligibility shall be final.
How to Enter
No purchase necessary to enter or win. Entrants will enter by submitting photographs, videos, and/or comments (each an “Entry”) via the method as specified in the particular Contest announcement and details.
Winner Selection; Odds; Notification
OYO Fitness will select potential Contest Winners (each a “Winner”) from among all eligible Entries received either in (i) a random drawing or (ii) through OYO Fitness’ subjective analysis of Entries, the criteria of which as specified in the particular Contest announcement. The odds of being selected as a Winner depend on the total number of eligible Entries received in the Contest. Potential Winners will be notified either via: (i) the channel (e.g., Instagram, Facebook, Twitter) the Entry is received; or (2) if applicable, the email address provided, within five (5) days following the end of the Promotion Period. If the potential Winner cannot be contacted, for any reason, within five (5) days after the first attempt to contact him/her, OYO Fitness may select an alternate potential Winner in his/her place from the remaining non-winning, eligible Entries. OYO Fitness shall have no liability for a potential Winner’s failure to receive notices due to spam, junk e-mail, or other security settings or for the provision of incorrect or otherwise non-functioning contact information. Potential Winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements.
Winners will receive a prize as specified in the particular Contest announcement. Contest prizes are awarded “AS IS” and are non-transferable, non-assignable and non-refundable. No substitution for cash or other prize may be made, provided however, that OYO Fitness reserves the right (but has no obligation) to substitute a prize, or component thereof, with another prize, or component thereof, including cash, of equal or greater value should the awarded prize not be available for any reason as determined by OYO Fitness in its sole discretion. By participating in the Contest, Entrants acknowledge that Contest prizes are awarded by OYO Fitness and that the Contest is in no way sponsored, endorsed, or administered by anyone other than OYO Fitness. Receipt of a prize is conditioned upon compliance with any and all federal, state, and local laws and regulations. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes and fees, shall be the sole responsibility of each Winner. If applicable, Winners will be issued an IRS Form 1099 and must complete an IRS Form W-9 in connection with the actual value of their prize.
General Conditions of Participation
Entries will not be returned to Entrants after submission. By participating in a Contest, each Entrant represents and warrants that his/her Entry (a) is an original creation; (b) has not been copied or derived in whole or in part from any other work; (c) does not violate or infringe (including, if applicable, all images and people depicted in the Entry) any copyright, trademark, privacy or publicity right, or other personal proprietary or intellectual property right of any person or entity; (d) is not defamatory, libelous, obscene, or otherwise illegal; (e) is the sole and exclusive property of the Entrant; (f) he/she has complete, worldwide distribution rights for his/her Entry; (g) he/she has received the written consent of any person (or parent or legal guardian if such person is a minor) who appears in any Entry; and (h) he/she, has complied with all of Facebook’s, Instagram’s, and/or Twitter’s (as applicable) requirements and terms regarding the use of their services in connection with the Contest. Entries that do not comply with the above requirements may not be eligible and, if submitted, may be removed at any time in OYO Fitness sole discretion. OYO Fitness reserves the right in its sole discretion to disqualify any Entry that it believes violates or potentially violates any of the foregoing requirements or otherwise fails to comply with these Official Rules.
OYO Fitness reserves the right, in its sole discretion, to terminate, modify, or suspend a Contest if, in OYO Fitness’ sole discretion, there is any suspected or actual evidence of tampering with any portion of the Contest or if unauthorized intervention, fraud, technical difficulties, failures or any other factor beyond OYO Fitness’ reasonable control corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest. In such event, OYO Fitness reserves the right (but does not have the obligation), in its sole discretion, to award the prize at random from among eligible, non-suspect Entries received up to the time of suspected impairment. OYO Fitness reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of a Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of a Contest is a violation of criminal and civil laws, and, should such an attempt be made, OYO Fitness reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. OYO Fitness’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision or any other provision of these Official Rules.
Non-Exclusive License and Publicity of Contest Entry
By submitting an Entry, Entrants hereby grant OYO Fitness the non-exclusive, royalty-free, fully paid, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display his/her Entry for any purpose, throughout the world, in any medium, without further notice, approval, compensation or additional consideration to Entrant unless prohibited by law.
Right of Publicity Grant to OYO Fitness
By submitting an Entry, each Entrant grants to OYO Fitness and its designees the right to use his/her name, likeness, distinctive appearance, image, portrait, picture, or photograph (whether still or moving), voice, including, without limitation, a recording or parts thereof, whether in writing, audio and/or video, and biographical information listed, provided, referenced, or otherwise contained in the Entry for any purpose related to or in connection with promotion of OYO Fitness products on OYO Fitness’ social media channels, without further notice, approval, compensation or additional consideration to Entrant, unless prohibited by law. Entrant understands and accepts that the only compensation the Entrant will receive for granting this right is the publicity the Entrant may receive by the publication or broadcasting of the Entrant’s Entry into the Contest and/or the announcement of the Entrant’s participation in the Contest.
Release and Indemnity
Each Entrant, to the maximum extent permitted by law, hereby agrees to forever and irrevocably release, indemnify, and hold harmless OYO Fitness and its affiliates, subsidiaries, those working on its behalf, and each of their respective officers, directors, representatives, employees, agents, successors, and assigns (the “Released Parties”) from and against all claims, damages, loss, or other liability, either at law or equity, whether known or unknown, asserted or non-asserted, that may arise from or is in any way related to participation in the Contest or the awarding, acceptance, receipt, use, or misuse of any prize (including any travel or activity related thereto).
Limitations of Liability
OYO Fitness is not responsible for (a) incorrect or inaccurate transcription of Entry information or late, lost, stolen, unintelligible, illegible, damaged, mutilated, altered, incomplete, misdirected Entries, or Entries received through impermissible or illegitimate channels, all of which will be disqualified from the Contest; (b) any technical errors associated with the Contest, including lost, interrupted, or unavailable Internet Service Provider (ISP), network, server, wireless service provider, or other connections, availability or accessibility, or failed computer, satellite, telephone, cellular tower, or cable transmissions, lines, or technical failure, or jumbled, scrambled, delayed, or misdirected transmissions, or computer hardware or software malfunctions, failures, or difficulties; (c) mechanical, network, electronic, computer, human, printing or typographical errors; (d) any other errors or problems in connection with the Contest, including, without limitation, errors that may occur in the administration of the Contest, announcement of the Winner, the cancellation or postponement of the Contest, or in any Contest-related materials; and (e) injury, death, losses, or damages of any kind, to persons or properties which may be caused, directly or indirectly, in whole or in part, from Entrants’ participation in the Contest or acceptance, receipt, or misuse of a Contest prize.
Any and all disputes, claims, and causes of action arising out of or in connection with the Contest shall be resolved individually, without resort to any form of class action. All Contests shall be governed by, and construed in accordance with, the laws of the State of Missouri, regardless of conflicts of laws principles. Any action or litigation concerning the Contest shall take place exclusively in the federal or state courts in the State of Missouri, and each Entrant expressly consents to the jurisdiction of and venue in such courts and waives all defenses of lack of jurisdiction and inconvenient forum with respect to such courts. Each Entrant agrees to service of process by mail or other method acceptable under the laws of the State of Missouri. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THE CONTEST. ENTRANT HEREBY WAIVES ANY RIGHTS OR CLAIMS TO ATTORNEY’S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE.
Not Endorsed by Social Media Platforms
By participating in an OYO Fitness Contest, Entrants acknowledge that the Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram, and/or Twitter (the “Released Platforms”) and hereby release the Released Platforms from any and all liability arising from or related to any OYO Fitness Contest. The information Entrants provide for the Contest is being provided to OYO Fitness and not to the Released Platforms.
The names of Contest Winners may be obtained upon request by emailing [email protected] at least thirty (30) days following the end of the Contest.
The Contest sponsor is OYO Fitness, LLC.