In-Shape Health Clubs – 2018 Work Out and Win – July Edition
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.
1. ELIGIBILITY: Open to residents of the United States who are members of In-Shape Health Clubs, LLC (“In-Shape”) 18 years of age or older. Employees, contractors, directors and officers of In-Shape, and its parent, subsidiary and affiliated companies, and the immediate family members of such persons (the term “immediate family members” includes spouses, siblings, parents, children, grandparents, and grandchildren, whether as “in-laws,” or by current or past marriage(s), remarriage(s), adoptions, cohabitation or other family extension, and any other persons residing at the same household whether or not related), are not eligible to participate. All applisdcable federal, state and local laws apply. Void where prohibited by law.
2. TIME PERIOD: The In-Shape Health Clubs - 2018 Work Out and Win – July Edition (“Sweepstakes”) begins on July 1, 2018 at 12:00 am PDT and ends on July 30, 2018 at 11:59 p.m. PDT (the “Time Period”).
3. TO ENTER: To enter the Sweepstakes, In-Shape members who meet the eligibility requirements above must:
(1) During the Time Period, check-in at the front desk of any In-Shape club not fewer than the number of times shown below to earn Participation Prizes (see PRIZES below) associated with the required number of check-ins and entry into a drawing for the chance to receive a Sweepstakes Prize (see PRIZES below) associated with the required number of check-ins. Only one (1) check-in per registered member per day will be recorded for purposes of determining prize participation level. Check-ins occurring prior to the Time Period will not be counted.
(2) By Mail. To enter into the drawing for the chance to receive a Sweepstakes Prize by mail, a person meeting the eligibility requirements may, during the Time Period, send a postage prepaid letter or post card, legibly printed, that includes the person’s first and last name, full mailing address, daytime telephone number and email address (if any) to: Work Out and Win Program Sweepstakes, In-Shape Health Clubs, 6 S. El Dorado St., Suite 600, Stockton, CA 95202. Only one (1) mailed entry per eligible person will be allowed each day, determined by the date of the postmark on the entry. Entries with postmarks dated after July 31, 2018 will not be entered into the Sweepstakes. All mailed entries must be received by July 10, 2018. No photocopies or mechanically created or reproduced entries allowed. In-Shape is not responsible for any entries or mail that are late, lost, misdirected, mutilated, incomplete, illegible or postage-due.
In-Shape is not responsible for the failure or interruption of online services or equipment during transmission of any registration for Sweepstakes, including without limitation: (1) interruptions to any network, server, Internet, website, telephone, satellite, computer or other connections; (2) failures of any telephone, satellite, hardware, software or other equipment; (3) garbled, misdirected or jumbled transmissions, or traffic congestion; (4) other errors of any kind, whether human, technical, mechanical or electronic; or (5) the incorrect or inaccurate capture of registration or other information or the failure to capture any such information.
4. RANDOM DRAWINGS: Winners of Sweepstakes Prizes will be selected in random drawings. Only those eligible members who achieved the number of check-ins associated with a particular prize category below will be entered into the drawing for that prize. The random drawing for all prize categories will be conducted on or about July 15, 2018, at the offices of In-Shape Health Clubs, 6 S. El Dorado St., Suite 600, Stockton, CA 95202.
5. ODDS OF WINNING: The odds of winning depend on the number of members achieving the minimum number of eligible member check-ins associated with each prize category.
6. PRIZES: The prizes that will be awarded consist of:
Participation Prizes: The following Participation Prizes will be automatically awarded to eligible participants meeting the required participation levels described below while supplies last:
- In-Shape Fit Club Jump Rope: Members with at least twelve (12) eligible check-ins between July 1 and July 30, 2018 will earn a Fit Club Jump Rope. Eligible members will receive an email directing them to their Home Club to redeem for their Fit Club Jump Ropes no later than July 5, 2018. Quantities may be limited, while supplies last.
- Sweepstakes Prizes: Eligible participants meeting the required participation levels described below will automatically be entered into a drawing for the chance to win Sweepstakes Prizes as follows:
- Trip to Hawaii for 2: Five (5) winners will be randomly selected in a drawing comprised of all eligible participants with at least six (6) eligible check-ins at any In-Shape Health Club during the Time Period. The winner in this category will receive Trip to Hawaii for 2.
Prizes may not be redeemed for cash unless otherwise noted.
7. PRIZE RESTRICTIONS: Limit one (1) Sweepstakes Prize per participant, per category. Prizes are not transferable and no substitution of a prize or portion thereof is permitted except at the sole discretion of In-Shape. Federal, state, and local taxes on prize and any expenses relating to the acceptance of and use of prize not specified herein are the responsibility of the winners and winners will be issued an IRS Form 1099 for the actual value of the prize. All terms and conditions of membership agreement and rules and regulations of In-Shape apply. Winners will not receive any compensation from In-Shape for prizes that the winner is unable to use, and any unused portion of a prize will be forfeited. Prizes may not be substituted, replaced if lost, sold, resold, auctioned, bartered, assigned, exchanged, placed in commerce, transferred, given away, donated or otherwise conveyed. Prizes may not be used in conjunction with any other promotion or offer. Prizes consisting of gift cards from retailers or service providers are subject to all terms, conditions and restrictions of the issuing retailer or service provider.
8. WINNER NOTIFICATION AND PRIZE CLAIM: Members will be notified they earned a prize (either a Participation Prize or Sweepstakes Prize) via the email address on their member account. It is the member’s responsibility to confirm the accuracy of the member’s email address and other contact information on record as part of membership with In-Shape so member, if a winner, can be contacted via email upon winning or earning a reward. Prize winners are subject to verification, including verification of age. Winners may be required to sign and return an Affidavit of Eligibility and Liability Release, and a Federal Form W-9 within five (5) days of prize notification. Failure to timely return required documents, or if prize notification is returned as undeliverable, prize will be forfeited and may be awarded to an alternate winner. If a winner is found not to be eligible or not in compliance with these Official Rules, or if prize notification or prize is unclaimed or returned as undeliverable, or if prize is rejected, the winner will be disqualified and the prize will be forfeited and may be awarded to an alternate winner; and in any event, In-Shape shall not be required to make more than two attempts to select a potential winner of a prize. In-Shape is not responsible for any change in contact information, address, mailing address, email address and/or telephone number of participants.
9. GENERAL CONDITIONS: Members and participants agree (and agree to confirm in writing if requested): a) to abide by these Official Rules and the decisions of In-Shape, which shall be final and binding in all respects; b) to release, discharge, indemnify and hold harmless In-Shape and its parents, subsidiaries, and affiliated companies, and the officers, members, directors, agents, owners, partners, representatives, successors and assigns and employees of the foregoing entities and individuals, (collectively, the “Releasees”) from any and all liabilities, claims and/or damages arising out of his/her/their participation in the Sweepstakes and/or the acceptance, possession, use or misuse of a prize; c) under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim direct, indirect, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; d) all causes of action arising out of or connected with this Sweepstakes, or any prize awarded, shall be resolved individually, without resort to any form of class action; and e) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs. By acceptance and use of a prize, winner agrees to the use of his/her name, photos, and/or likenesses for advertising and publicity purposes without further compensation and, upon request, will provide written consent to such use. In-Shape may disqualify any participant if, in its sole discretion, it determines that said participant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, deception, or other unfair playing practices or intending to annoy, abuse, threaten or harass any other participants or In-Shape’s representatives. If for any reason this Sweepstakes is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud or any other causes beyond the reasonable control of In-Shape which corrupt or affect the administration, security, fairness, integrity or proper conduct of the promotion, then In-Shape reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes and select winners in random drawings from all non-suspect entries received up to the time of such action. Any attempt by a participant or any other individual to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil laws, and should such an attempt be made, In-Shape reserves the right to seek damages from any such person to the fullest extent of the law. In-Shape’s failure to enforce any term of these Official Sweepstakes Rules shall not constitute a waiver of that or any other provision. In the event that an entry is confirmed to have been erroneously deleted, lost or destroyed, participant’s sole remedy shall be another entry into the Sweepstakes. If any provision of these Official Sweepstakes Rules is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.
10. LIMITATIONS OF LIABILITY: Releasees are not responsible for late, lost, mutilated, illegible, incomplete, misdirected, garbled, or undelivered entries or other malfunctions related to this program or Sweepstakes; nor are they responsible for a) any incorrect information or programming, whether caused by web site users or by any of the equipment or programming associated with or utilized in any programs andSweepstakes; b) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access of the web site; c) any injury or damage to participant’s or to any other person’s computer(s) related to or resulting from participating in the program or Sweepstakes, or Program or Sweepstakes related activities, or downloading materials from or use of Releasees’ web site. Releasees are not responsible for incorrect or inaccurate information in entries. Releasees shall not be responsible for typographical, human and/or other errors, or for any electronic, network, computer or other technical malfunctions or for any personal or property injury or damage to participants or any other person related to or resulting from participating in the Sweepstakes or any Sweepstakes related activity.
11. GOVERNING LAW: By participating, each member and participant agrees that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Program and Sweepstakes Rules, participant’s rights and obligations, or the rights and obligations of In-Shape in connection with the Program or Sweepstakes (except with respect to the requirement to Arbitrate disputes, which shall be determined in accordance with the Federal Arbitration Act), shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California. In the event the requirement to arbitrate disputes is for any reason held to be invalid or unenforceable, each participant consents to the jurisdiction and venue of the California Superior Court located in San Joaquin County, California for the resolution of any disputes arising out of this Sweepstakes, and agrees that all claims and disputes must be resolved in the California Superior Court in San Joaquin County, California.
12. ARBITRATION OF DISPUTES AND WAIVER OF CLASS ACTION AND RIGHTS TO JURY TRIAL. IN THE EVENT OF ANY DISPUTE BETWEEN PARTICIPANT AND IN-SHAPE, PARTICIPANT AND IN-SHAPE EACH WAIVES ITS RIGHT TO A JURY TRIAL AND CONSENTS TO ARBITRATE THAT DISPUTE BEFORE A SINGLE ARBITRATOR UNDER THE THEN CURRENT COMMERCIAL DISPUTE RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN THE COUNTY OF PARTICIPANT’S RESIDENCE IN CALIFORNIA, RATHER THAN LITIGATE THE DISPUTE IN COURT. PARTICIPANT AND IN-SHAPE ALSO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. IN ADDITION, PARTICIPANT AGREES NOT TO PARTICIPATE IN CLAIMS BROUGHT IN A PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE CAPACITY, OR CONSOLIDATED CLAIMS INVOLVING THE CLAIMS OF ANOTHER PERSON, IF IN-SHAPE IS A PARTY TO THE PROCEEDING. PARTICIPANT AND IN-SHAPE AGREE THAT THE FEDERAL ARBITRATION ACT GOVERNS THE ARBITRABILITY OF ALL DISPUTES BETWEEN PARTICIPANT AND IN-SHAPE AND THAT THE DECISION OF THE ARBITRATOR SHALL BE FINAL AND BINDING WITHOUT THE RIGHT OF APPEAL. IF PARTICIPANT DOES NOT WANT TO BE BOUND BY THIS ARBITRATION PROVISION, PARTICIPANT MAY OPT OUT. IN ORDER TO OPT OUT OF THIS ARBITRATION PROVISION, PARTICIPANT MUST NOTIFY IN-SHAPE IN WRITING THAT PARTICIPANT DOES NOT WANT TO RESOLVE DISPUTES WITH IN-SHAPE BY ARBITRATION, SUCH NOTICE SHOULD BE DELIVERED BY U.S. MAIL TO IN-SHAPE, 6 S. EL DORADO ST., 6TH FLOOR, STOCKTON, CA 95202, OR BY EMAIL TO firstname.lastname@example.org, WITHIN 30 DAYS OF THE DATE PARTICIPANT FIRST PARTICIPATES IN THE SWEEPSTAKES. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. If the value of the relief sought is $10,000 or less, at Participant’s request, In-Shape will pay all filing, administration, and arbitrator fees associated with the arbitration. If the value of the relief sought is more than $10,000 and Participant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation in court, In-Shape will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. In the event the arbitrator determines the claim(s) Member asserts in the arbitration to be frivolous, Participant agrees to reimburse In-Shape for all fees associated with arbitration paid by In- Shape on Participant’s behalf, which Participant otherwise would be obligated to pay under AAA’s rules. The Arbitrator will resolve any issues over application or enforcement of this clause. The arbitrator, and not any Federal, State, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of these Official Rules and the validity of this arbitration provision, including, but not limited to, any claim that all or any part of these Official Rules or the Sweepstakes are void, voidable or unconscionable. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this paragraph 12 will be null and void. This arbitration agreement will survive the termination or expiration of the Sweepstakes.
13. NO AFFILIATION WITH FACEBOOK OR INSTAGRAM OR ANY OTHER THIRD PARTY: This Sweepstakes is not sponsored by, affiliated with, administered by, or associated with Facebook, Instagram, or any other third party. By participating in the Sweepstakes, each participant agrees to release, discharge, indemnify and hold harmless Facebook, Instagram, and any other third party, and their officers, directors, agents, successors and assigns and employees, from any and all liabilities, claims and/or damages arising out of his/her/their participation in the Sweepstakes.
14. WINNERS LIST REQUESTS: For the names of the Prize winners, mail a self-addressed, stamped envelope to: Winners List – Work Out and Win Program, In-Shape Health Clubs, 6 S. El Dorado St., Suite 600, Stockton, CA 95202. All requests must be received by July 15, 2018.
THE SPONSOR OF THIS SWEEPSTAKES IS: In-Shape Health Clubs, LLC, 6 S. El Dorado St., Suite 600, Stockton, CA 95202.