NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED
1. Eligibility: The Sweepstakes is open only to legal residents of the fifty (50) United States (Inc. D.C.), Puerto Rico, and the Province of Ontario, Canada, who are at least eighteen (18) years of age or older, or the age of majority in their jurisdiction of residence, whichever is greater, as of the date of their entry. Employees and their immediate families (i.e., parents, spouse, children, siblings, grandparents, step parents, step children and step siblings) of Pla-Fit Franchise, LLC (“Sponsor”), independently owned and operated Planet Fitness franchisees, Bottlerocket Marketing Group, LLC (“Administrator”) and their respective affiliated companies, sponsors, subsidiaries, advertising agencies and third party fulfillment agencies (collectively with Facebook Inc., the “Sweepstakes Entities”) are not eligible to enter the Sweepstakes. By participating in this Sweepstakes, entrants agree to: (a) be bound by these Official Rules, and by the interpretations of these Official Rules by Sponsor, and by the decisions of Sponsor, which are final in all matters relating to the Sweepstakes, (b) release and hold harmless each of the Sweepstakes Entities and their respective agents, employees, officers, directors, successors and assigns, against any and all claims, injuries or damages arising out of or relating to participation in this Sweepstakes and/or the use or misuse of a prize, and for any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property related cause of action, and (c) hereby consent to the use of their names, voices, pictures and likeness for advertising and promotional purposes in any medium, throughout the world in perpetuity without additional compensation unless prohibited by law.
2. Sweepstakes Entry Period: The Sweepstakesentry periodbegins at 12:00:00 AM Eastern Time (“ET”) on January 25, 2016 and ends at 11:59:59 PM ET on January 29, 2016 (the “Sweepstakes Period”).
3. How To Enter: There are two (2) possible methods of entry into the Sweepstakes, as detailed below. Method A requires a payment, however, Method B is a free alternate means of entry (“AMOE”). There is no limit to the amount of entries which can be received via either method. There is a limit of one (1) entry per person, regardless of the method of entry, throughout the Sweepstakes Period.
Method A: In order to receive one (1) entry into the Prize Drawing, as defined below, via this purchase method, you must purchase a Planet Fitness Gym Membership during the Sweepstakes Period (hereinafter an “Entry”).
Method B: In order to receive one (1) entry into the Prize Drawing, as defined below, via this free alternate means of entry, if you do not wish to purchase a Planet Fitness Gym Membership (or if you are already a member), you may send an email, during the Sweepstakes Period, to [email protected], with “Gym Sign-up Sweepstakes January 2016” in the subject line and your full name, address, and statement that you are over 18 years of age and agree to these official rules in the body of the email (hereinafter an “Entry”).
4. Prize Drawings/Grand Prize Drawing: At the close of business on each of the dates detailed below, Administrator shall perform one (1) random prize drawing (the “Prize Drawing”) from amongst all eligible Entries received throughout the Sweepstakes Period up to that point in time, regardless of Participating Location, in order to select one (1) or two (2) potential prize (“Prize”) winners, per Prize Drawing, as detailed in the Prize Chart below. Such winners will receive the prize detailed in the chart for the corresponding Prize Drawing. All non-winning Entries will be carried forward into subsequent Prize Drawings. There is a limit of one (1) prize per person from Prize Drawings.
5. Prize Drawings/Prizes/Quantities/Approximate Retail Value (“ARV”):
|Prize Drawing Date||Prize Description||Quantity||ARV of Each||Total ARV|
|01/25/16||One (1) $5,000 Check||1||$5,000||$5,000|
|01/25/16||One (1) $500 Check||2||$500||$1,000|
|01/26/16||One (1) $5,000 Check||1||$5,000||$5,000|
|01/26/16||One (1) $500 Check||2||$500||$1,000|
|01/27/16||One (1) $5,000 Check||1||$5,000||$5,000|
|01/27/16||One (1) $500 Check||2||$500||$1,000|
|01/28/16||One (1) $5,000 Check||1||$5,000||$5,000|
|01/28/16||One (1) $500 Check||2||$500||$1,000|
|01/29/16||One (1) $5,000 Check||1||$5,000||$5,000|
|01/29/16||One (1) $500 Check||2||$500||$1,000|
6. General Prize Conditions: The total value of all prizes available to be awarded in this Sweepstakes is thirty thousand dollars ($30,000). The decisions of Administrator and Sponsor are final and binding on all matters relating to this Sweepstakes. All prize details are in Sponsor’s sole discretion and Sponsor has final say on all aspects of all prizes. In no event will Sponsor be responsible for awarding more than the stated number of prizes herein. Prize conditions may be added or modified by companies providing those portions of the prize. The prize restrictions/conditions stated herein are not all-inclusive. Administrator will furnish an Internal Revenue Service Form 1099 to any winner whose prize is greater than six hundred dollars ($600), for the actual retail value of the Prize for the tax year in which Prize is accepted.
7. Prize Winner Notification/Verification: Allpotential Prize winners must comply with these Official Rules as published in order to be confirmed as an official winner and accept their prize. On or about one (1) business day after each Prize Drawing, Administrator will notify the potential prize winner via the information (phone or email) provided upon Entry. Upon notification or notification attempt,thepotential prize winners will be required to respond to the notification as requested, within three (3) calendar days of such notification or notification attempt, or the prize will be forfeited, and an alternate potential prize winner will be selected and notified. Upon notification or notification attempt,the potential Prize winner (since the Prize is valued at over six hundred dollars, will be required to open up an email dialogue and, as a condition of verification, sign and return an Affidavit of Eligibility, Acceptance, Publicity (where lawful) and Liability Release (“Release”), which will be sent to such email, within five (5) calendar days, as well as meet all criteria in such release. Sponsor will attempt to contact the potential prize winners two (2) times during the three (3) calendar day period. If in any instance, notification attempt(s) for a potential prize winner fail for any reason, or if a potential prize winner is found to have not complied with these Official Rules, such prize will be forfeited and an alternate potential prize winner will be selected from among remaining eligible Entries for the applicable drawing, if any. Acceptance of a prize constitutes permission for the Sponsor and its designees to use the name, information, actual or simulated likenesses, biographical information, city, state, opinions, and prize information of prize winner(s) in connection with the Sweepstakes and the marketing efforts thereof (including, without limitation, for advertising and promotional purposes), in perpetuity, throughout the universe, in all media, without additional compensation, unless prohibited by law. Further, winners shall indemnify the Released Parties from any claims, damages, liabilities and expenses (including reasonable legal fees) arising from breach of these Official Rules. In the event of a dispute as to any prize winner, the authorized account holder of the phone number or email address used upon Entry (as applicable) will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, phone provider, or other organization responsible for assigning such.
8. General Terms: Noncompliance with any of these Official Rules may result in disqualification. Sponsor assumes no responsibility for incorrect or inaccurate entry information whether caused by any of the equipment or programming associated with or utilized in this Sweepstakes or by any human error which may occur. Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or other services, or providers, computer equipment, software, failure of any e-mail or players on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including, without limitation, any injury or damage to participant’s or any other person’s computer related to or resulting from participation or downloading any materials in/for this Sweepstakes. Sponsor is not responsible for any typographical or other error in administration of the Sweepstakes, or in the announcement of the prize winners. 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 expiration date, notice will be posted where Sponsor sees fit,and the prizes will be awarded via random drawing from among all eligible entries received up until the time of termination, or in a manner that is fair and equitable as determined by Sponsor. 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 they suspect or find: (i) to have tampered with the entry process or the operation of this Sweepstakes; (ii) to be acting in violation of these Official Rules; (iii) to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person; or (iv) to have provided inaccurate information on any legal documents/representations 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. THE NEW YORK COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE SWEEPSTAKES AND THE LAWS OF THE STATE OF NEW YORK SHALL GOVERN THE SWEEPSTAKES. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMITS TO THE JURISDICTION OF THOSE COURTS. Except where prohibited, you agree that any and all disputes, claims and causes of action arising out of, or connected with the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of New York. Entrants agree that the Released Parties shall not be responsible or liable for, and hereby release 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 a prize. 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. Sponsor reserves the right to modify these rules for clarification or equitable purposes without materially affecting the terms and conditions of the Sweepstakes. UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANTS HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. Any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees. In the event that any of the provisions of these Official Rules shall be held by a court or other tribunal of competent jurisdiction 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.
9. Request for the Names of Winner: For the names of the prize winners, available after the Sweepstakes Period has ended, send a self-addressed stamped envelope, to be received by 06/01/16, to: The Planet Fitness Gym Sign-up Sweepstakes (January 2016), c/o Bottlerocket Marketing Group, LLC, 26 Patriot Place, Suite 104 Foxboro, MA 02035
10. Sponsor: Pla-Fit Franchise, LLC, 26 Fox Run Rd, Newington, NH 03801.