Commercial Fitness | Precor 2013 Future of Fitness Sweepstakes Official Rules

SWEEPSTAKES IS ONLY OPEN TO REPRESENTATIVES OF FITNESS FACILITIES ALREADY IN ATTENDANCE AT THE 2013 IHRSA TRADESHOW IN LAS VEGAS, NEVADA (“IHRSA”). NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCE OF WINNING. VOID WHERE PROHIBITED. THE FOLLOWING PROMOTION IS FOR RESIDENTS OF AND FITNESS FACILITIES LOCATED IN THE UNITED STATES (EXCLUDING RESIDENTS OF AND FITNESS FACILITIES LOCATED IN NEW YORK AND FLORIDA) ONLY AND WILL BE CONSTRUED AND EVALUATED ONLY ACCORDING TO UNITED STATES LAW. SWEEPSTAKES RUNS MARCH 20, 2013 THROUGH MARCH 21, 2013. THE PRIZE WILL BE AWARDED TO AND INSTALLED AT THE WINNER’S FITNESS FACILITY. ONLY ONE ENTRY PER REPRESENTATIVE IS ALLOWED. THIS SWEEPSTAKES IS SPONSORED BY PRECOR INCORPORATED (“Precor”).
Please read these official rules (“Official Rules”) before entering the sweepstakes (the “Sweepstakes”). By entering the Sweepstakes, you agree to be bound by these Official Rules and represent that you satisfy all of the eligibility requirements in paragraph 1, below. The Official Rules will be available at the Precor booth at the IHRSA throughout the Sweepstakes and are available upon written request to Precor “2013 FUTURE OF FITNESS” Sweepstakes, 20031 142nd Ave. NE, PO Box 7202, Woodinville, WA 98072-4002.
  1. ELIGIBILITY: This Sweepstakes is open only to representatives of fitness facilities who are legal residents of the 50 United States, excluding residents of New York and Florida, 18 years of age and older by date of submission, who are representatives of a fitness facility that is located in the US excluding New York and Florida and who are already in attendance at IHRSA. If you are a resident of the excluded areas, or if your facility is located in the excluded areas, you are not eligible to win the Prizes, and Precor reserves the right to not award the Prizes to entrants who reside in excluded jurisdictions. To be eligible to win a Prize, entry must be fully completed and received by Precor in the format designated below. Directors, Officers and Employees of Precor, and any of their respective affiliated companies, subsidiaries, agents, professional advisors, and advertising and promotion agencies and anyone else affiliated with the promotion or execution of the Sweepstakes (including immediate family members of each), are not eligible to participate. SWEEPSTAKES IS ONLY OPEN TO REPRESENTATIVES OF FITNESS FACILITIES ALREADY IN ATTENDANCE AT IHRSA. THE GRAND PRIZE WILL ONLY BE AWARDED TO, AND INSTALLED AT THE WINNER’S FITNESS FACILITY, AND IS NOT AWARDED TO THE REPRESENTATIVE FOR HIS OR HER PERSONAL OWNERSHIP. All applicable federal, state and local laws and regulations apply.
  2. HOW TO ENTER: (a) The Sweepstakes begins at 11:00 AM PT on Wednesday, March 20, 2013 and ends at 5:59 PM PT on Thursday, March 21, 2013 (the "Promotional Period"). Entries must be received by Precor by 5:59 PM on Thursday, March 21, 2013.
    (b) To enter, visit the Precor booth at IHRSA and complete the entry form on designated Precor P80 equipped consoles. The only valid way to enter the Sweepstakes is by completing an entry form at the Precor booth at IHRSA. Incomplete or inaccurate entry forms are void. Follow the instructions to complete the Sweepstakes entry form on the P80 equipped consoles, including submitting your name, email address and other required information. By entering, you acknowledge compliance with these official rules including all eligibility requirements.
    (c) Prizes will only be awarded from eligible entry forms. A maximum of one (1) Grand Prize and ten (10) Runner-Up Prizes will be selected at random from a drawing of all eligible entries received during the Promotion Period. Odds of winning depend on the number of eligible entries received. If no eligible entry forms are received, no Prizes will be awarded.
    (d) LIMIT ONE (1) ENTRY PER REPRESENTATIVE, PER EMAIL ADDRESS, PER HOME ADDRESS OR PER FITNESS FACILITY. LIMIT OF ONE (1) PRIZE PER REPRESENTATIVE. Although subsequent attempts to enter may be received, only the first entry received from a particular individual will be eligible to win. Additional attempts to enter the same drawing will be disqualified. The submission of an entry is solely the responsibility of the entrant. Entries may only be made according to the method described above. Only eligible entries actually received by Precor before the end of the specified entry deadline will be included in the prize drawings. Illegible, unintelligible, incomplete or garbled entries will be disqualified. All entries become the property of Precor and Precor shall not be required to acknowledge or return any entry.
  3. SELECTION OF WINNERS: On April 5, 2013, at the main office of Precor in Woodinville, Washington, Precor will select one prize winner from a random drawing of all eligible entries submitted as specified above. Precor will attempt to notify the potential winner by phone and/or registered mail approximately one week after their selection. To claim a Prize, winner should follow instructions contained in their notification. Precor’s decisions are final. The potential winner and fitness facility they represent must meet all eligibility requirements set forth in these Official Rules to qualify for the Prize.
  4. GRAND PRIZE: There will be a total of one (1) Grand Prize. One (1) winning fitness facility will be selected to receive one (1) Precor AMT® 885 Adaptive Motor Trainer® with Open Stride, approximate retail value: $11,995.00 (the “Grand Prize”). Precor reserves the right to substitute products of equal or greater value for the Grand Prize, and such substitutions shall also be known as the Grand Prize. The Grand Prize includes delivery and set-up of the Grand Prize to the eligible business address of the winning fitness facility.
  5. RUNNER-UP PRIZES: There will be a total of ten (10) Runner-Up Prizes. Ten (10) winning individuals will be selected to receive one (1) 16GB 4th Gen iPod Touch, approximate retail value: $195.00 (the “RUNNER-UP Prize”). Precor reserves the right to substitute products of equal or greater value for the Runner-Up Prize, and such substitutions shall also be known as the Runner-Up Prize.
    Delivery method of the Prizes is subject to Precor’s discretion and Precor or its agent will make all delivery arrangements with the winning fitness facility. Odds of winning depend on the number of eligible entries received. Any other expense not associated with delivery of the Prizes is the responsibility of the winner. If any Prize is not claimed within fourteen (14) days after delivery of the notification to the winner, the Prize will be deemed forfeited and awarded to an alternate winner, until the Prize is awarded. Prizes are non-transferable and no cash redemption or substitution, except at Precor's discretion is allowed. All federal, state and local taxes associated with the receipt or use of the Prize are the responsibility of the winner. The Prizes are awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express, implied, (including without limitation, any implied warranty of merchantability or fitness for a particular purpose. IF THERE ARE NO ELIGIBLE ENTRIES RECEIVED DURING THE PROMOTION PERIOD, NO PRIZES WILL BE AWARDED.
  6. GENERAL RELEASE: By entering the Sweepstakes, you and the fitness facility you represent release Precor, all participating sponsors and any of their respective parent companies, subsidiaries, affiliates, directors, officers, employees and agencies (collectively, the "Released Parties") from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Sweepstakes or delivery, misdelivery, acceptance, possession, use of or inability to use the Prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory. 6. SELECTION OF PRIZE: Actual model, color, accessories and features of the Prizes awarded will be selected by Precor in its sole discretion and may vary from photos used in print, Precor’s in-store advertising, CD ROM demo disks, and in electronic and web banner advertising including Precor’s web site.
  7. USE OF WINNER'S NAME, LIKENESS, ETC.: Except where prohibited by law, entry into the Sweepstakes constitutes permission to use winners and facility’s name, address, likeness and/or Prize information, without limitation, for promotional purposes without further permission or compensation. As a condition of being awarded a Prize, except where prohibited by law, winners may be required to execute a consent to the use of their name, address, likeness and/or prize information, without limitation, for promotional purposes without further permission or compensation.
  8. AFFIDAVIT AND RELEASE: As a condition to being awarded a Prize, winner must complete, sign and return an Affidavit of Eligibility, Waiver of Liability and Publicity Releases within 7 days (including Saturdays and Sundays) of receipt of written prize notification or prize will be forfeited. (Tennessee residents need not sign Publicity Release.)
  9. CONDITIONS: All entries become the property of Precor and will not be returned. Entries void if defective, altered, forged or obtained outside authorized channels. Precor reserves the right, in its sole discretion to change these Official Rules at any time and to cancel or suspend this Sweepstakes should virus, bugs unauthorized human intervention or other causes beyond Precor’s control, corrupt the administration, security or proper play of the Sweepstakes or Precor otherwise becomes, as determined in its sole discretion incapable of running the Sweepstakes as planned. Precor, all participating Precors and any of their respective parent companies, subsidiaries, affiliates, directors, officers, professional advisors, employees and agencies will not be responsible for any: (a) lost, late, illegible, misdirected, damaged, incomplete, or garbled entries; (b) telephone, electronic, hardware, software network, Internet, or other computer- or network-related malfunction or error; (c) Sweepstakes disruptions, injuries, losses or damages caused by forces beyond the reasonable control of Precor, including disruption related to Internet traffic, virus, bug, or unauthorized intervention; or (d) any printing or typographical errors in any materials associated with the Sweepstakes. If such malfunction, error, disruption, or damage occurs, and impairs the administration, security, fairness, integrity, or proper play of the Sweepstakes, Precor may, in its sole discretion, suspend the portion of the Sweepstakes for the remainder of the particular entry period in which the impairment occurs. If the Sweepstakes is terminated for the remainder of the entry period, Precor will determine the winner among all eligible entries received as of the termination date. Persons found tampering with or abusing any aspect of this Sweepstakes, or whom Precor believes to be causing malfunction, error, disruption, or damage will be disqualified. Precor reserves the right to disqualify multiple entries from the same person and to disqualify any individual using such a method.
  10. DISPUTES: Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, other than those concerning the administration of the Sweepstakes or the determination of winners, shall be resolved individually, without resort to any form of class action; (ii) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate Washington State Court located in King County, Washington; (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys' fees; and (iv) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Precor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Washington, without giving effect to any choice of law or conflict of law rules (whether of the State of Washington or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Washington.
  11. PRIVACY: By entering the Sweepstakes, you agree to Precor’s use and dissemination of your personal information to third parties. Such use and dissemination of such personal information shall be subject to any privacy policy of Precor then in effect.
  12. WINNERS LIST: For a copy of the winner's list, send a self-addressed, stamped envelope after April 6, 2013 through April 30, 2013 to: Precor “2013 FUTURE OF FITNESS” Sweepstakes Winner List, 20031 142nd Ave. NE, PO Box 7202, Woodinville, WA 98072-4002. Residents of Washington and Vermont, and other States if required by law, may omit return postage.