In-Shape Solutions, LLC dba In-Shape Health Clubs
Refer A Friend Sweepstakes (the “Sweepstakes”)
December 1, 2021
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN A PRIZE. PURCHASE WILL NOT IMPROVE ODDS OF WINNING.
1. ELIGIBILITY: Open to legal residents of California who are 18 years of age or older. Employees, contractors, directors and officers of In-Shape Solutions LLC, dba In-Shape Health Clubs (“In-Shape” or “Sponsor”), 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. Eligibility is subject to verification. All applicable federal, state and local laws apply. Void where prohibited by law.
2. ACCEPTANCE OF OFFICIAL RULES. Sponsor makes this promotion, including all information, applications, files, text, graphics, software, and audio/visual files (collectively, the "Materials") available for eligible participant’s use, subject to these Official Rules. By accessing, using, or downloading in any way, without limitation, any Materials from this promotion, eligible participants agree to and are bound by these Official Rules.
3. SWEEPSTAKES PERIOD: The Refer A Friend Sweepstakes begins on December 1, 2021 at 12:00 a.m. PDT and ends on December 31, 2021 at 11:59 p.m. PDT (the “Sweepstakes Period”).
4. TO ENTER: Persons meeting the eligibility requirements may enter the sweepstakes in two (2) ways:
(i) Fully complete and submit a Member Referral form located on Sponsor’s website at https://www.inshape.com/membership/invite-a-friend/. Sponsor is not responsible for the failure or interruption of online services or equipment during transmission of any Sweepstakes entry, 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 entry or other information or the failure to capture any such information. Use of any automated system (e.g., robots, automatic, macro, programmed or like entry methods) is prohibited.
(ii) Mail 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 to: December 2021 Refer A Friend Sweepstakes, In-Shape Health Clubs, 6507 Pacific Avenue #344, Stockton, California 95207. Mailed entries must be postmarked by December 31, 2021 and received by January 7, 2022. No photocopies or mechanically created or reproduced entries allowed. Sponsor is not responsible for entries or mailings that are late, lost, misdirected, mutilated, incomplete, illegible or postage-due.
5. WINNERS: One winner will be randomly selected on or before January 10, 2022 from eligible entries received at In-Shape Antioch, 4099 Lone Tree Road, Antioch CA. Winners will be contacted within 48 hours.
6. ODDS OF WINNING: The odds of winning depend on the number of eligible entries received from all entry methods combined.
7. PRIZES: The prize consists of one (1) $500 Amazon Gift Card (Approximate Retail Value $500). Prize may not be redeemed for cash, and is subject to all rules, conditions and limitations of gift card issuer.
8. PRIZE RESTRICTIONS: Prize is not transferable and no substitution of prize or portion thereof is permitted except at the sole discretion of In-Shape, who reserves the right to substitute a prize with one of comparable value or greater value. 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 winner.
9. WINNER NOTIFICATION AND PRIZE CLAIM: Prize winner is subject to verification, including verification of age. Winner will be notified by a traceable form of delivery and will 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 three 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 entrants.
10. GENERAL CONDITIONS: By participating, entrants agree (and agree to confirm in writing if requested): a) to accept and 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 entrant be permitted to obtain awards for, and entrant 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. To the fullest extent allowed by law, by acceptance 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 entrant if, in its sole discretion, it determines that said entrant 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 entrants 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 the winner in a random drawing from all non-suspect entries received up to the time of such action. Any attempt by an entrant 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 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, entrant’s sole remedy shall be another entry into Sweepstakes. If any provision of these Official Rules is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.
11. LIMITATIONS OF LIABILITY: Releasees are not responsible for late, lost, mutilated, illegible, incomplete, misdirected, garbled, or undelivered entries or other malfunctions related to 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 the Sweepstakes; 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 entrant’s or to any other person’s computer(s) related to or resulting from participating in the Sweepstakes, or any 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 entrants or any other person related to or resulting from participating in the Sweepstakes or any Sweepstakes related activity.
12. GOVERNING LAW: By participating, each entrant agrees that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of In-Shape in connection with the Sweepstakes, 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. By participating, each entrant 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.
13. WINNER REQUESTS: For the name of the prizewinners visit www.inshape.com/contact-us – using “Refer A Friend Sweepstakes” in the subject of the message. All requests must be received by December 10, 2021.
14. THE SPONSOR OF THIS SWEEPSTAKES IS: In-Shape Solutions LLC, 6507 Pacific Ave #344, Stockton, CA.