Fitness Blender Community Sweepstakes

Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

Fitness Blender, LLC (“we,” “us,” “Sponsor,”) is very excited you’ve decided to enter the Community Sweepstakes (the “Sweepstakes”).  These Official Rules set forth the terms and conditions under which an individual can enter the Sweepstakes. Each person who enters the Sweepstakes (“Entrant” or “you”) acknowledges and agrees that these Official Rules and our Privacy Policy (together, the “Rules”) constitute a legally-binding agreement between you and us.

You also agree that your entrance and/or participation in the Sweepstakes indicates your agreement to the Rules without modification. If you do not agree to the Rules or any portion of them, please do not enter the Sweepstakes.

Please also read these Rules carefully—they affect your legal rights, including your right to sue.

Finally, by entering and participating in the Sweepstakes, you represent, warrant and agree that you are at least 18 years old and have the legal authority to provide the information and waive and release those Claims described in these Rules.

CONTACT INFORMATION

Sponsor: Fitness Blender, LLC, service@fitnessblender.com.

ELIGIBILITY

The Sweepstakes is open to any legal resident of the 50 United States and the District of Columbia who is at least 18 years old, and citizens of other countries where such sweepstakes are allowed by law, except as follows.

[The Sweepstakes is open to any legal resident who has reached the age of legal majority in his or her country or other applicable jurisdiction, except that the following individuals are not eligible to enter or participate in the Sweepstakes: (a) any individual on the United States Office of Foreign Asset Control’s Specially Designated Nationals and Blocked Persons list; (b) residents of Crimea - Region Of Ukraine, Cuba, Iran, North Korea, Sudan, and Syria; and/or (c) residents of any country or other jurisdiction against which the United States has imposed trade sanctions such that their residents’ entry into and/or participation in these Sweepstakes is prohibited. In addition, the individuals listed in the following paragraph may not enter the Sweepstakes.]

Employees of Sponsor, Sponsor’s affiliates, our prize suppliers (including PowerBlock, Inc. or its affiliates), and any of their related companies, parents, subsidiaries, affiliates, and agents and any agencies or other companies (including third-party advertising sponsors) involved in the development or execution of the Sweepstakes or production or distribution of Sweepstakes materials, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible.  

The Sweepstakes is subject to all applicable international, federal, state, and local laws and regulations.  Without limiting the specific legal exclusions, above, these Sweepstakes are void where prohibited by law. If the laws where you reside or from which you are entering the Sweepstakes prohibit the Sweepstakes or your participation in it, please do not enter.

WHEN TO PLAY

The Sweepstakes will run weekly and be open for 48 hours, beginning on [Monday, March 11] and will end weekly [beginning on Wednesday, March 13] (the “Sweepstakes Period.”). The Sponsor’s computer is the official time-keeping device for the Sweepstakes.

HOW TO PLAY

How to Enter. All entries must be submitted online [during the Sweepstakes Period you are entering]. Visit [https://www.fitnessblender.com/community] (the “Site”). Once you’re on the Site, follow the instructions on the web page to submit your entry. To enter, you must create an account on the Fitness Blender website You’ll be asked to (a) provide your first and last name and an email address; (b) briefly answer the health and fitness-related question posed on the Site (if any); and (c) by entering, you indicate your agreement to these Rules. We will collect, store, and use the information you provide in your entry to operate and administrate the Sweepstakes and also for those purposes described in the following section. Limit one entry per Entrant [per Sweepstakes Period]. Please do not attempt to submit additional entries using multiple email addresses or you will be disqualified. Please be sure to provide an accurate email address, as we will use this to contact you if you are selected as a potential winner.

Personal Information. We will collect certain information about you as part of the entry process and as part of the prize awarding and redemption process, as discussed below (“Sweepstakes Information”), including information that can be used to identify you, such as your first and last name, email address and, for potential Winners, your physical address (“Personal Information”). By participating in this Sweepstakes, you grant us the right to: (a) use all Sweepstakes Information for the purpose of operating and administering the Sweepstakes; (b) as otherwise permitted by our Privacy Policy. Also, if you are selected as a Winner, we may disclose your first initial, last name and city and state of residence to any third-party who requests that we provide them with a Winner list. We will not provide your Personal Information to any third party other than (i) as provided for in these Rules; and/or (ii) our contractors and business partners who may assist us for the business purposes described in (b) but only to the extent required for them to do so.  We will otherwise treat all Personal Information as required by applicable laws.

HOW TO WIN; ODDS OF WINNING.

We will select a potential winner by Wednesday each week at random via a computerized process from the pool of valid and eligible entries. Upon fulfillment of the criteria set forth in these Rules (and in particular those set forth in this section), we will confirm the potential winner(s) as the actual prize winner(s) (“Winner”). Sponsor does not guarantee that any individual Entrant will become the Winner.

We will notify the potential winner via the email address he or she provided in his or her entry. The potential winner may also be required to execute an affidavit attesting to his or her eligibility to be confirmed as a Winner and an additional legally binding release (all such documents, the “Additional Documents”). The Additional Documents must be signed and returned by the date we indicated in the communication with which they are provided or the potential winner will be disqualified.

[If a potential winner is a Canadian resident, he or she will be required to correctly answer a time-limited math skill-testing question without assistance to win the prize.]

If a potential winner cannot be contacted by the information provided in his or her entry, fails to sign and return the Additional Documents within the required time period (as applicable) and/or the potential winner is otherwise disqualified as permitted in these Rules, the potential winner forfeits the prize.

Receiving the prize is contingent upon compliance with these Rules. If a potential winner is disqualified for any reason, an alternate winner will be selected in a random drawing from among all remaining eligible entries in the manner set forth above.  The prize may remain unawarded if Sponsor is required to conduct more than three alternate drawing.

Your odds of winning the prize depend on the total number of valid entries we receive.

THE PRIZE

The Prize. We will award one Workout Program to three winners [each Sweepstakes Period], or other prizes as identified:

Receiving the Prize. Once the Winner is confirmed, we will add one Workout Program (of the Winner’s choice) to their Fitness Blender account, for immediate use. In the case of physical prizes, we will mail the prize to the Winner within 4-6 weeks after the end of the [applicable] Sweepstakes Period to the physical address the Winner provides to us when we notify him or her as discussed above. We will pay all postage/delivery costs, except for any tax liability as discussed below. We are not responsible and will not attempt to redeliver the prize if our mailing is returned as undeliverable nor for any damage to or loss of the prize occurring after they are delivered to the Winner. If the Prize is returned as undeliverable or we are otherwise not able to deliver it to the address the Winner provides, the Winner will forfeit the Prize and we will select an alternate Winner by the method set forth above.  

Estimated Retail Value of Prize: $[14.99-19.99] USD in the case of Workout Programs.

Warranty Disclaimer. The prizes are provided "as-is" and without any warranties of any kind by us. We specifically disclaim all warranties, whether express or implied, in connection with the prizes their fitness for a particular purpose, or their merchantability.

Additional Restrictions, Terms and Conditions for Prize Redemption.  Each prize must be accepted as awarded and cannot be transferred, assigned, substituted, or redeemed for cash or merchandise of any kind except as provided herein or as required by applicable law. Sponsor reserves the right, in its sole discretion, to substitute a prize or component thereof of equal or greater value if a prize or component thereof cannot be awarded for any reason.

Taxes. Any federal, provincial, state and local taxes and any other costs not specifically stated within these Rules, including for winning a prize, are your sole responsibility and we may issue an IRS Form 1099 for the total Estimated Retail Value of any prize that you win in the calendar year that you win it.

Please read this section particularly carefully as it affect your legal rights, including your right to sue.

Assumption of Risk; Waiver and Release of Liability.

You acknowledge and agree that your participation in the Sweepstakes and, if applicable, your use of the prize, is undertaken voluntarily and entirely at your own risk and you agree to assume all such risk, including risk of property damage, bodily injury or death, and all other damage or potential damage, whether known or unknown to you.

Without limiting your obligations in the next paragraph, you agree to release us, PowerBlock, Inc., our and their affiliates, subsidiaries, divisions, employees, officers, directors, advertising and promotion and agencies, and related entities (together, the “Released Parties”) from, and forever give up and waive your right to sue or claim against any of them for, any and all claims, causes, suits or other liability, loss, harm, damages, costs or expenses (“Claims”), whether known or unknown to you, arising out of, caused by, resulting from or relating to this Sweepstakes, these Rules, your participation in the Sweepstakes and/or your use or misuse of prizes, including without limitation property damages, personal injury and/or death, defamation or invasion of privacy and merchandise delivery. Please note that this waiver and release specifically extends to Claims or portions of Claims alleging or arising as the result of Released Parties’ negligence.

You acknowledge and agree that the foregoing waiver and release will be binding on your heirs, estate, successors and assigns.

FOR RESIDENTS OF THE STATE OF CALIFORNIA: You specifically waive the protections of the following law and acknowledge and agree that the Claims described in the following are included in your waiver and release above:

California Civil Code Section 1542: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor

Indemnity. You agree to indemnify, defend and hold harmless the Released Parties from and against any and all Claims brought by third-parties against one or more of the Released Parties and/or suffered or incurred by one or more Released Parties as a result of such third-party Claims to the extent arising out of or relating to your violation of these Rules including, without limitation, your breach of the warranties set forth above.

LIMITING OUR LIABILITY TO YOU

Without limiting your waiver and release of Claims above, you acknowledge and agree that we assume no responsibility or liability for any of the following: lost, late, incomplete, inaccurate, stolen, misdirected, illegible, corrupted or altered entries, any error, omission, interruption, deletion, defect, or delay in operation or transmission of entries, any communications line failure, theft or destruction of or unauthorized access to entries, alteration of entries, technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any entries to be received on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to Entrants’ or any other persons' computers or smartphone devices related to or resulting from participation or downloading any materials in this Sweepstakes.

ADDITIONAL TERMS

General Conditions.  We reserve the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond our reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by us in our sole discretion.  We, in our sole discretion, reserve the right to disqualify any Entrant we determine to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of the Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, we reserve the right to seek damages from any such person to the fullest extent permitted by law.  Our failure to enforce any term of these Rules will not constitute a waiver of that provision or any other provision of them.

Disputes:  By entering this Sweepstakes, you agree to these Rules and our decisions about and interpretation of and in connection with them, all of which are final and binding in all respects. This Sweepstakes and these Rules are governed by the laws of the State of Washington, without regard to its conflicts of laws principles. You consent to the exclusive jurisdiction of the courts of the State of Washington, or the United States courts sitting in Washington, for the adjudication for any Claims or disputes arising out of or relating to the Sweepstakes and these Rules. Venue for such disputes will be in the courts of competent jurisdiction located in or nearest to Mount Vernon, WA.

Winner List.  For a list of the first initial and last name of the [applicable] Winner, please email us at service@fitnessblender.com within 30 days after the end of the [applicable] Sweepstakes Period. Requests received after that time will not be fulfilled.

 

QUESTIONS?

If you have any questions about this Sweepstakes, please contact service@fitnessblender.com.

 

GSB:9960633.1