Official Rules for the Precor IHRSA 2018 Contest
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.
1. Eligibility. The Precor IHRSA 2018 Contest (the “Contest”) is open only to legal residents of the 50 United States and the District of Columbia who are at least eighteen (18) years of age or older at the time of Entry. Employees, officers, directors, and agents of Precor, and any of its affiliates or subsidiaries or other companies associated with the Contest, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee, officer, director, or agent, are not eligible to enter. Subject to all applicable federal, state, and local laws and regulations. Void where prohibited. Participation constitutes full and unconditional agreement to these Official Rules and Sponsor decisions, which are final and binding in all matters related to the Contest. Winning the prize is contingent upon fulfilling all requirements set forth herein.
2. Sponsor. Precor®, a division of Amer Sports Company, located at 20031 142nd Avenue NE, Woodinville, WA 98072 (“Sponsor”). This Contest is in no way sponsored, endorsed, or administered by Instagram, IHRSA, or Suunto.
3. Agreement to Official Rules. By participating in the Contest, you indicate your full and unconditional agreement to, and acceptance of, (a) these Official Rules and (b) Sponsor’s decisions, which are final and binding.
4. Entry Period. The Contest begins at 12:00:00 AM Pacific Standard Time on March 22th, 2018 and ends at 11:59:59 PM Pacific Standard Time on March 24th, 2018 (“Entry Period”).
5. How to Enter. To enter the Contest, during the Entry Period, you must (a) take an original photo or video at the Precor booth at IHRSA 2018, (b) follow Precor on Instagram, and (c) then post the Photo or Video on Instagram using (i) the hashtag #Precor and (ii) tagging @precor (“Entry”). Entry can only be made by persons physically present at the Precor booth. Any person attempting to enter the Contest more than one (1) time, or any person attempting to use a photo or video that they did not create, may be subject to disqualification in Sponsor’s sole discretion.
Account. To submit an Entry, you must have an authorized account with Instagram (“Account”). Instagram is not a sponsor of the Contest, Instagram has not endorsed the contest, and Instagram is in no way involved in the administration of the Contest.
Any participant who posts after the close of the Entry Period will not be given an entry into the Contest. Incomplete or inaccurate entries are void. By entering, you agree to be bound by these Official Rules including all eligibility requirements. Entries will not be acknowledged. Entries including any obscene, foul, defamatory, or inappropriate images or content, as determined by Sponsor in its sole discretion, will be disqualified. Entries cannot contain trademarks, logos or trade dress owned by others (except Precor), or advertise or promote any brand or product of any kind including, but not limited to brand names or logos. There is a limit of one (1) Entry per person, per Account. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different Accounts, email accounts, identities, registrations, or logins, or through any other methods, may void all of that entrant’s entries and that entrant may be disqualified. Multiple entrants are not permitted to share an Account. The use of any automated system to enter the Contest is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected entries, which shall be disqualified. In the event of a dispute as to any Entry, the authorized account holder of the Account used to enter will be deemed to be the entrant. Potential Winners will be required to show proof of being the authorized account holder. The “authorized account holder” is the natural person assigned an Account name by the relevant online service provider or other organization responsible for assigning Account information for the domain associated with the submitted address.
By submitting an Entry you warrant and represent that: (a) it is original to you and that you have all necessary rights in and to the Entry to enter the Contest, (b) it does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity, (c) you have obtained permission from any person whose name is used in the Entry, and (d) that publication of the Entry via various media including Web posting, will not infringe on the rights of any third party rights. Any such entrant will indemnify and hold harmless, Sponsor from any claims to the contrary.
Uploading an Entry constitutes your consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If necessary, entrant will sign any necessary documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Entry.
Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants.
6. Winner Selection. The winners will be determined using the following process:
At the conclusion of the Entry Period, Sponsor will assemble a panel of judges (as determined by Sponsor; herein, the “Judges”). Judges will judge all eligible Entries received based on the following criteria:
• Originality (up to 5 points);
• Marketability (up to 5 points); and,
• Reflection of the spirit of Precor (up to 5 points)
The five (5) entrants submitting the Entries that receive the five highest cumulative scores will be deemed the potential prize winners. In the event of a tie, the tying entrant who submitted the Entry with the higher “Originality” score will be deemed the potential prize winner; in the event of a tie on “Originality” score, the tying entrant who submitted the Entry receiving the higher “Marketability” score will be deemed the potential prize winner; and in the event of a tie on “Marketability” score, the tying entrant who submitted the Entry receiving the higher “Reflection of the Spirit of Precor” score will be deemed the potential prize winner.
IF NO ENTRIES ARE POSTED IN COMPLIANCE WITH THESE OFFICIAL RULES, NO WINNERS WILL BE SELECTED AND NO PRIZES WILL BE AWARDED.
7. Notification and Requirements of Potential Winners. After the Contest, Sponsor will send to the potential winners a prize notification, to the Accounts used to enter the Contest, with instructions on how to claim the Prize. If a potential winner does not respond and comply with the instructions in the notification within three (3) business days after the time stamp of the same, such potential winner will forfeit the Prize, and Sponsor may select an alternate potential winner in their place from all eligible entries received during the Entry Period using the same criteria as the non-responsive selected potential winner. Except where prohibited, any potential winner will be required to complete and return an affidavit of eligibility and liability/publicity release (the “Affidavit/Release”). If a potential Prize winner cannot be contacted, fails to execute and return the Affidavit within the required time period (if applicable), or the Prize is returned as undeliverable, that potential winner forfeits their Prize. In the event that a potential winner is disqualified for any reason, Sponsor reserves the right to award any given prize to an alternate entrant based on the next highest points received, even if the disqualified potential winner’s name or Entry may have been publicly announced. If after three (3) attempts a Prize winner is not confirmed, the Prize will remain un-awarded. Acceptance of any Prize shall constitute and signify Prize winner’s agreement and consent that Sponsor may use Prize winner’s name, city, state, likeness, Entry and/or prize information in connection with the Contest, worldwide, including the Internet, without limitation and without further payment or consideration, except where prohibited by law.
8. Five (5) Prizes. Five (5) potential prize winners will be selected in accordance with these Official Rules. Each potential winner will be eligible to receive one (1) Suunto Ambit3 Sport Blue HR. [ARV: $449; Total ARV of Prizes: $2245]. Any difference between stated approximate retail value and actual value of the Prize will not be awarded. Prize will be shipped at Sponsor’s discretion upon completion of the requirements imposed by these Official Rules.
Any and all further Prize details not specified above will be determined by Sponsor in its sole discretion. The Prize winner may be issued an IRS 1099 form. The Prizes may not be transferred or assigned except by Sponsor. No substitutions, cash equivalents or redemptions of prize will be made. If a Prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute prize with another prize of equal or greater value. Reporting and payment of all applicable taxes, fees, and/or surcharges, if any, arising out of, or resulting from, acceptance or use of a prize, are the sole responsibility of the winner of the Prize. By accepting a Prize, the Prize Winner agrees that his/her Entry will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the Prize Winner irrevocably assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her Entry, including, but not limited to, all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged, and further waives any moral rights the entrant may have with respect to the Entry.
9. General Conditions. In the event that the operation, security, or administration of the Contest is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, Sponsor may, in its sole discretion, either: (a) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules; or (b) award the prizes at Sponsor’s discretion from among the eligible entries received up to the time of the impairment. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Failure by Sponsor to enforce any term of these Official Rules shall not constitute a waiver of that provision. The Contest is subject to all applicable laws and regulations and is void where prohibited.
10. Release and Limitations of Liability. By participating in the Contest, you agree to release and hold harmless Sponsor, its parents, subsidiaries, affiliates, and each of its respective officers, directors, employees, and agents, as well as Instagram (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Contest or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Contest; (b) technical errors related to computers, servers, providers, or telephone, or network lines; (c) any errors on email platforms that may prevent an entrant from entering or receiving emails; (d) printing errors; (e) lost, late, postage-due, misdirected, or undeliverable mail; (f) errors in the administration of the Contest or the processing of entries; or (g) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use of any prize. You further agree that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Contest, and in no event shall the Released Parties be liable for attorney’s fees. You waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
THIS PROMOTION IS NOT SPONSORED IN ANY WAY BY INSTAGRAM. INSTAGRAM DOES NOT ENDORSE OR ADMINISTER THIS PROMOTION, AND ALL ENTRANTS HEREBY RELEASE INSTAGRAM AND TWITTER FROM ANY AND ALL CLAIMS THEY MAY HAVE RELATING TO OR ARISING FROM THIS PROMOTION.
11. Disputes. Except where prohibited, you agree that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Washington. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of Sponsor in connection with the Contest, 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 Washington or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Washington.
13. Winners List. The name of the prize winners may be obtained no earlier than 30 days after the close of the Contest Entry Period by sending a self-addressed stamped envelope to: Precor, Attn: “Precor IHRSA 2018 Contest”, 20031 142nd Avenue NE, Woodinville, WA 98072.