Official Rules for the Precor National Running Day Sweepstakes
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.
1. Eligibility. The Precor National Running Day Sweepstakes (the “Sweepstakes”) 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 Sweepstakes, 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 Sweepstakes. 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 Sweepstakes is in no way sponsored, endorsed, or administered by Instagram.
3. Agreement to Official Rules. By participating in the Sweepstakes, 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 Sweepstakes begins at 8:00:00 AM Pacific Time on June 7, 2017 and ends at 11:59:59 PM Pacific Time on June 7, 2017 (“Entry Period”).
5. How to Enter. To enter the Sweepstakes, during the Entry Period, you must (a) follow @precor on Instagram (b) tag a friend in the comments section of the Precor National Running Day post (“Friend”), and (c) comment in the Precor National Running Day post with why you love running (“Entry”). Any such entrant attempting to enter the Sweepstakes more than one (1) time in any fashion may be subject to disqualification.
Account. To submit an Entry, you must have an authorized account with Instagram (“Account”). Instagram is not a sponsor of the Sweepstakes, Instagram has not endorsed the Sweepstakes, and Instagram is in no way involved in the administration of the Sweepstakes.
Any participant who posts after the close of the Entry Period will not be given an entry into the Sweepstakes. Incomplete or inaccurate entry forms 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 content, as determined by Sponsor in its sole discretion, will be disqualified. Entries cannot contain trademarks or logos 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 Sweepstakes 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 Sweepstakes, (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 winner will be determined using the following process:
At the conclusion of the Entry Period, Sponsor will conduct a random drawing of all eligible Entries to select the winning entry. Both Winner and Friend tagged in post will receive prize.
IF NO ENTRIES ARE POSTED IN COMPLIANCE WITH THESE OFFICIAL RULES, NO WINNER WILL BE SELECTED AND NO PRIZE WILL BE AWARDED.
7. Notification and Requirements of Potential Winners. After the Sweepstakes, Sponsor will send to the potential winner a prize notification, to the Account used to enter the Sweepstakes, with instructions on how to claim the Prize. If the 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 first selected potential winner. Except where prohibited, the potential winner will be required to complete and return an affidavit of eligibility and liability/publicity release (the “Affidavit/Release”). If the 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, the potential winner forfeits the 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 Sweepstakes, worldwide, including the Internet, without limitation and without further payment or consideration, except where prohibited by law.
8. Prize. The potential winner will be eligible to receive one (1) Suunto Ambit3 Sport Blue HR. [ARV: $449] and the Friend tagged in the Entry will receive one (1) Suunto Ambit3 Sport Blue HR. [ARV: $449; total ARV of prizes: $898] (“Prize”). 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 Sweepstakes 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 Sweepstakes to address the impairment and then resume the Sweepstakes 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 Sweepstakes 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 Sweepstakes 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 Sweepstakes is subject to all applicable laws and regulations and is void where prohibited.
10. Release and Limitations of Liability. By participating in the Sweepstakes, 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 Sweepstakes or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Sweepstakes; (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 Sweepstakes 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 Sweepstakes 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 Sweepstakes, 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 SWEEPSTAKES IS NOT SPONSORED IN ANY WAY BY INSTAGRAM. INSTAGRAM DOES NOT ENDORSE OR ADMINISTER THIS SWEEPSTAKES, AND ALL ENTRANTS HEREBY RELEASE INSTAGRAM FROM ANY AND ALL CLAIMS THEY MAY HAVE RELATING TO OR ARISING FROM THIS SWEEPSTAKES.
11. Disputes. 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 Illinois. 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 Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Illinois, without giving effect to any choice of law or conflict of law rules (whether of Illinois or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Illinois.
13. Winners List. The name of the prize winners may be obtained no earlier than 30 days after the close of the Sweepstakes Entry Period by sending a self-addressed stamped envelope to: Precor, Attn: “Precor National Running Day Sweepstakes”, 20031 142nd Avenue NE, Woodinville, WA 98072.