SHARE YOUR FEEDBACK
OFFICIAL CONTEST RULES (“OFFICIAL RULES”)
OPEN TO U.S. AND CANADA RESIDENTS ONLY
1. NO PURCHASE NECESSARY. The Share Your Feedback Contest (the “Contest”) is sponsored by Orangetheory Fitness Inc. (the “Sponsor”) and administered by an agent of Stingray Group Inc. (the “Administrator”).
2. CONTEST PERIOD: The Contest starts at 12:00:01 AM ET on December 7, 2021 and closes at 11:59:59 PM ET on December 7, 2022 (the “Contest Period”). Unless otherwise specified, all times in these Official Rules are Eastern Time (“ET”).
3. ELIGIBILITY. To be eligible to enter and win this Contest:
(a) you must be a legal resident of the U.S or Canada., of the age of majority or older or have parental consent, in your state or territory of residence, at the time of entry;
(b) you must participate in the Contest by scanning the QR code or texting the survey trigger: found in the signage notification, as more specifically described below; and
(c) You must not be an employee, officer, director, agent or representative of the Sponsor or Administrator, their respective affiliates, subsidiaries, licensees, related companies, advertising and promotional agencies and the family and household members of any of the above.
Each eligible person who completes these requirements shall be deemed an “Entrant” in these Official Rules. The Sponsor reserves the right at any time to require proof of identity and/or eligibility to participate in the Contest and any failure to provide such proof may result in disqualification at the Sponsor’s sole discretion.
4. HOW TO ENTER.
(a) Via SMS: scan the QR code or text the survey trigger on the signage and
(b) Complete all of the questions in survey;
(c) Completing the previous two requirements shall be deemed an “Entry” in these Official Rules.
(d) All Entries become the sole property of the Sponsor and none will be returned for any reason. Entries will be declared invalid if they are late, illegible, incomplete, garbled or mechanically or electronically reproduced. No communication or correspondence will be exchanged with Entrants except with those selected for a Prize.
(e) By participating in this Contest, Entrant represents and warrants that: (i) survey responses do not contain any material that is libelous, defamatory, profane or obscene; (ii) responses are original and all right, title, and interest (including copyright) therein and thereto is owned and/or controlled by the Entrant to the full extent necessary to enable the Sponsor to use responses as contemplated by these Official Rules.
(f) Limit of one (1) Entry per person, per calendar month during the Contest Period. In the case of multiple entries, only the first Entry will be considered.
(g) Time keeping for this contest shall be determined solely by the Sponsor’s server clock. Any discrepancy between the time or time remaining in the Contest Period as stated on the Contest Website located at http://promos-rules.info/otf or in any promotional materials thereof and the time or time remaining as determined by the Sponsor, the Sponsor’s server clock shall prevail.
(h) By entering via online, you agree that you are solely responsible for all data charges that you incur. All such charges are billed by and payable to your telecommunications service provider. Please contact your participating telecommunications service provider for pricing plans, participation status and details. Normal access, phone, and usage charges imposed by your phone service may apply.
(i) Entries received shall be deemed to be submitted by the authorized account holder of the phone number or email address associated with the Entry. For the purpose of the Official Rules, “authorized account holder” of a phone number is defined as the natural person who is assigned to a phone number by a mobile telephone provider, or other organization responsible for assigning phone numbers. Each selected Entrant may be required to provide the Sponsor with proof that the selected Entrant is the authorized account holder of the phone number or email address associated with the winning Entry.
5. Prizes. There is one (1) prize of consisting of a $100 Visa Gift Card (each a “Prize”) available each calendar month during the Contest Period, to be won by the Prize winners (each a “Winner”). Prizes will be distributed as follows and in accordance with the selection process set out in Section 6 below:
(a) Each Prize will be shipped within ten (10) days after Winner has been successfully contacted and notified of his/her Prize and fulfilled the requirements set out herein.
(b) If a Winner fails to comply with these Official Rules, withdraws for any reason, he/she will be disqualified and will not receive a Prize and the Sponsor reserves the right to select another or additional Entrant(s), in the Sponsor’s sole discretion, until such time as another eligible Entrant satisfies the terms set out herein.
(c) Prize must be accepted as awarded without substitution and cannot be transferred, assigned or redeemed for cash, except at the sole discretion of the Sponsor. In the event a Prize (or any component thereof) cannot be awarded for any reason (including but not limited to force majeure or production exigencies), Sponsor reserves the right, in its sole discretion, to substitute for another prize (or any component thereof) of equal or greater value, without liability. Any unused portion of a Prize will be forfeited and shall have no cash value.
(d) Shipped Prizes shall not be insured and Sponsor shall not assume any liability for lost, damaged or misdirected Prizes.
6. WINNER SELECTION. One (1) Winner shall be selected each month during the Contest Period as follows:
(a) On the 3rd day of each calendar month (“Draw Date”), a Winner will be selected at 4:00:00 PM (EST) by the (“Administrator”) through a computer-generated random draw from the Entries received. shall select one Entry by way of random computer-generated draw from the Entries received through the store survey entry form as Winner of the Prize. The odds of being selected as a potential winner are dependent upon the number of eligible Entries received by the Sponsor.
(b) THE SELECTED ENTRANTS WILL BE NOTIFIED BY EMAIL NO LATER THAN the 4TH DAY OF EACH CALENDAR MONTH AT 09:00PM AND MUST RESPOND WITHIN TWO (2) BUSINESS DAYS OF NOTIFICATION. Upon notification, the selected Entrant must respond by telephone to the contact number provided in the notification. If the selected Entrant does not respond in accordance with the Official Rules, or if he/she fails to comply with the terms of these Official Rules or voluntarily withdraws from the Contest, he/she will be disqualified and will not receive a Prize and another Entrant may be selected in the Sponsor’s sole discretion until such time as an Entrant satisfies the terms set out herein. The Sponsor is not responsible for the failure for any reason whatsoever of a selected Entrant to receive notification or for the Sponsor to receive a selected Entrant’s response.
(c) In the event of an error in the entry or drawing process, or any other aspect of the Contest, that results in more selected Entrants than contemplated in these Official Rules, the Sponsor will conduct a random draw amongst all eligible selected Entrants, to award the correct number of Prizes, after the close of the Contest Period.
(d) Subject to all other Official Rules, Winners are eligible to enter and win multiple Prizes during the Contest Period (but not more than one in the same calendar month).
(e) Before being declared the winner, a selected Entrant must first correctly answer, without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill testing question to be administered by Sponsor or its representative by phone.
7. DECLARATION & RELEASE. Each Winner hereby agrees that (i) Winner is at all times eligible for the Contest and is in compliance with these Official Rules; (ii) Winner will accept of the Prize as offered; (iii) Winner hereby releases of each of the Sponsor, Administrator and their respective parent companies, subsidiaries, affiliates and/or related companies and each of their employees, directors, officers, suppliers, agents, administrators, licensees, representatives, advertising, media buying and promotional agencies (collectively, the “Releasees”) from any and all liability for any loss, harm, damages, cost or expense arising out of participation in the Contest, participation in any Contest-related activity or the acceptance, use, or misuse of any Prize, including but not limited to costs, injuries, losses related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light, or from any and all claims of third parties arising therefrom; and (iv) Winner grants to the Sponsor the unrestricted right, in the Sponsor’s sole discretion, to produce, reproduce, publish, reproduce, convert, broadcast, communicate by telecommunication, exhibit, distribute, translate, adapt and otherwise use and re-use the Winner’s name, photograph, likeness, voice and biography in any and all media now known or hereafter devised, in connection with the Contest and the promotion and exploitation thereof. If the Selected Entrant does not agree to all of the foregoing, the selected Entrant will not be declared a Winner and will be disqualified and the Prize forfeited.
8. INDEMNIFICATION. By entering the Contest, Entrant releases and holds Releasees harmless from any and all liability for any injuries, loss or damage of any kind to the entrant or any other person, including personal injury, death, or property damage, resulting in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any Prize, participation in the Contest, any breach of the Official Rules, or in any Prize-related activity. The entrant agrees to fully indemnify Releasees from any and all claims by third parties relating to the Contest, without limitation.
9. RIGHTS. By completing and submitting the survey to the Sponsor in connection with the Contest, each Entrant shall retain all right, title and interest (including copyright) in and to the responses, and shall grant to the Sponsor a worldwide, gratuitous, irrevocable, and exclusive licence to copy, use, modify, reproduce, display, adapt and transmit responses for use in all media now known or hereafter devised in perpetuity beginning on the date of Entry, including, but not limited to, in connection with the administration, promotion and exploitation of the Contest. The Entrant hereby confirms that the responses are an original work, solely created by the Entrant, and that no third party has a claim of any kind to the responses or any part thereof. Sponsor assumes no responsibility for any claims of infringement of rights to copyright, privacy and/or personality, and all such liability shall remain with the entrant. In addition, each Entrant represents to Sponsor that responses do not infringe any copyright interest of any third party and that responses are not defamatory or obscene and do not violate any laws relating to hate speech or otherwise. Sponsor reserves the right to exclude any responses on the basis of concerns relating to the rights of third parties, including but not limited to privacy, copyright, defamation, rights of personality, obscenity or hate speech, as determined by the Sponsor in its sole discretion.
10. LIMITATION OF LIABILITY. The Sponsor and Administrator assume no responsibility or liability for lost, late, unintelligible/illegible, falsified, damaged, misdirected or incomplete Entries, notifications, responses, replies, or for any computer, online, software, telephone, cellular phone, mobile device, hardware or technical malfunctions that may occur, including but not limited to malfunctions that may affect the transmission or non-transmission of an Entry. The Sponsor and Administrator are not responsible for any errors, omissions or inaccurate information, whether caused by website or mobile phone or device users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the administration of the Contest. The Sponsor and Administrator assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Entries. The Sponsor and Administrator are not responsible for any problems, failures or technical malfunction of any telephone network or lines computer online systems, servers, providers, computer equipment, software, e-mail, players, or browsers, mobile applications on account of technical problems or traffic congestion on the Internet, at any website, or on account of any combination of the foregoing. The Sponsor and Administrator are not responsible for any injury or damage to Entrant or to any computer or cellular phone or mobile device related to or resulting from participating or downloading materials or applications in this Contest. Entrant assumes liability for injuries caused or claimed to be caused by participating in the Contest, or by the acceptance, possession, use of, or failure to receive any Prize. The Sponsor and Administrator assume no responsibility or liability in the event that the Contest cannot be conducted as planned for any reason, including those reasons beyond the control of the Sponsor or Administrator, including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or corruption of the administration, security, lack of participation, fairness, integrity or proper conduct of this Contest or the Contest Website.
11. CONDUCT. By participating in the Contest, each Entrant agrees to be bound by the Official Rules, which will be posted at the Contest Website throughout the Contest Period. Entrant further agrees to be bound by the decisions of the Sponsor, which shall be final and binding in all respects. The Sponsor reserves the right, in its sole discretion, to disqualify any Entrant found to be: (a) violating the Official Rules; (b) tampering or attempting to tamper with the Entry process or the operation of the Contest or the Contest Website; (c) violating the terms of service, conditions of use and/or general rules or guidelines of any online Orangetheory Fitness Inc. property or service; and/or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE CONTEST WEBSITE, OR ANY RELATED WEBSITE UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO CRIMINAL PROSECUTION.
13. TERMINATION. Sponsor reserves the right, in its sole discretion, to terminate the Contest, in whole or in part, and/or modify, amend or suspend the Contest, and/or the Official Rules in any way, at any time, for any reason without prior notice.
14. LAW. The Contest is subject to applicable federal and local laws and regulations. The Official Rules are subject to change without notice in order to comply with any applicable federal, provincial and local laws or the policy of any other entity having jurisdiction over the Sponsor. All issues and questions concerning the construction, validity, interpretation and enforceability of the Official Rules or the rights and obligations as between the Entrant and the Sponsor in connection with the Contest shall be governed by and construed in accordance with the laws of the U.S. including procedural provisions without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws.
15. LANGUAGE DISCREPANCY. In the event of any discrepancy or inconsistency between the terms and conditions of these Official Rules and disclosures or other statements contained in any Contest-related materials, including but not limited to the Contest entry form, or point of sale, television, print or online advertising, the terms and conditions of the Official Rules shall prevail, govern and control.
16. INTELLECTUAL PROPERTY. All intellectual property, including but not limited to trade-marks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned by the Sponsor, Administrator and/or their affiliates. All rights are reserved. Unauthorized copying or use of any copyrighted material or intellectual property without the express written consent of its owner is strictly prohibited.