NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN.
A PURCHASE OR PAYMENT WILL NOT ENHANCE YOUR CHANCES OF WINNING.
By participating in this Promotion, you agree to these Official Rules, which are a contract, so read them carefully before participating. Without limitation, this contract includes indemnities to the Sponsor, defined herein, from you, a limitation of your rights and remedies, binding arbitration of claims, waiver of class action claims and waiver to the right to trial by jury.
1. TIMING: The MyFitnessPal Simple Start Sweepstakes (the “Promotion) begins on January 3, 2022 at 9 a.m. Pacific Time (“ET”), and ends on January 16, 2022 at 11:59 p.m. ET (the “Entry Period”). Each day within the Entry Period from 00:01 am ET to 11:59p pm ET is an individual and separate “Draw Date.” Sponsor’s clock will be the official timekeeping device for the Promotion.
2. ELIGIBILITY: The sponsor of this Promotion is MyFitnessPal, Inc. (“Sponsor”), 100 Congress Avenue, Suite 400, Austin, TX 78701. The Promotion is open to legal residents residing in the fifty (50) United States, the District of Columbia, Puerto Rico, and U.S. Virgin Islands who are the age of majority in the entrant’s jurisdiction as of date of entry. Void where prohibited. Employees, officers or directors of Sponsor, and their respective affiliates, subsidiaries, as well as the immediate family members (defined as parents, spouse, children, siblings and grandparents) and those living in the same household of each such employee, officer and director are not eligible to enter. Sponsor makes the final determination as to who is eligible to take part in the Promotion. By participating, each Participant agrees to abide by these Official Rules and by the decisions of Sponsor, which are final and binding in all respects.
3. HERE’S HOW IT WORKS AND HOW TO ENTER:
(a) Entry: To participate, entrants must download the MyFitnessPal mobile application and create an account with a valid email address during the Entry Period (an “Entry”). The date of Entry is that Participant’s eligible Draw Date. Alternatively, entrants may email firstname.lastname@example.org with their full contact name and email address to participate in the Promotion; and the date of receipt of such request is that Participant’s eligible Draw Date. Users with an existing MyFitnessPal account prior to the Entry Period are not eligible to participate.
(b) Participation Limit: Limit one Entry and related Draw Date per person.
(c) You Promise You’ve Read These Official Rules and Release MyFitnessPal from Liability: By entering the Promotion, entrants warrant they have read and understand these Official Rules and agree to be bound by them and to release, discharge and hold harmless Sponsor and their respective parents, affiliates, subsidiaries, retailers, agencies and all of their respective officers, directors, employees and agents (collectively “Released Parties”) from any and all liability, claims, judgments, losses, injuries, demands, damages, actions and/or causes of actions, whether direct or indirect, which may be due to or arise out of participation in the Promotion.
4. ADDITIONAL TERMS: Sponsor may prohibit a Participant from participating in the Promotion if, in its sole discretion, it determines that said Participant is attempting to undermine the legitimate operation of the Promotion by cheating, hacking, deception or other unfair practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other Participants or Sponsor or its agents, or if Participant has or has attempted to submit malicious code, .exe files or any file that contains malicious code.
Odds of receiving a prize depend on the total number of Entries for each Draw Date.
5. WINNERS: A random drawing of eligible Entries will be conducted each day during the Entry Period (“Draw Date”). One (1) winner will be selected for each Draw Date, and fourteen (14) winners will be selected for the entire Entry Period. A Participant’s MyFitnessPal account upon account signup must have been created with a valid email address, or the Sponsor will be unable to notify a potential winner. The selected potential prize winner will be notified via email from Sponsor by approximately noon ET on the day following the Draw Date. Subject to verification of eligibility and compliance with these Official Rules and the Participant’s acknowledgment that MyFitnessPal may share Participant’s first name, last initial, and city and state of residence in marketing channels including social media, the potential winners will be declared a winner of the Promotion (each a “Prize Winner”). If any selected potential winner does not respond to Sponsor within forty-eight (48) hours of being notified, is found to be ineligible, is not able to receive the Sponsor’s notification or cannot or does not comply with these Official Rules, such potential winner may be disqualified and Sponsor may select an alternate potential winner from among all remaining eligible entries. Maximum of one (1) prize per Participant during the Promotion.
6. PRIZES: Fourteen (14) winners of the prize, subject to verification, will receive a gift card or tangible prize with an ARV of no more than $100. Prizes will be delivered by February 28, 2022.
7. ADDITIONAL PRIZE TERMS: All Prize details not stated in the above prize description will be determined by Sponsor in its sole discretion. Prize Winner will be solely responsible for all costs, fees and expenses not expressly stated in the prize description. Any difference between the approximate retail value and the actual value will not be awarded and any difference will not be refunded. Without limiting the generality of the foregoing, the Prize Winner is responsible for all federal, state and local taxes and any other taxes associated with award, acceptance and/or use of the prize excluding taxes included in the cost of the prize. Actual value of prize may vary. No refunds or credit for changes are allowed. Prize Winner is strictly prohibited from selling, auctioning, trading or otherwise transferring the prize (or portion thereof) unless Sponsor consents in writing. Prize is nontransferable and no substitution or cash equivalent is allowed, except in Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize or prizes of the same approximate retail value for the prize (or portion thereof). The Released Parties, individually and collectively, are not responsible for any injuries or loss to Prize Winner or guest in using the prize. The Released Parties will not replace any lost, mutilated or stolen prizes or prize elements or any prize elements that are undeliverable or do not reach the winner because of an incorrect or changed address or other contact information. Prizes will be mailed (where applicable) only to the verified winner’s address within the Territory unless Sponsor, in its sole discretion, agrees otherwise. If Sponsor determines at any time in its sole discretion that a winner or potential winner is ineligible or in violation of these Official Rules, Sponsor reserves the right in its sole discretion to disqualify that person, even if he or she has been notified or announced as a winner.
8. LIMITATIONS OF LIABILITY: The Released Parties are not responsible for, and specifically disclaim any liability for or arising out of, any of the following regardless of cause, in connection with the Promotion: (1) any incorrect or inaccurate information, whether caused by Participants, wireless carriers, Internet Service Providers or unauthorized human intervention; (2) technical difficulties or failures of any kind including, but not limited to, malfunctions, interruptions or disconnections in transmissions or connections, phone lines, network hardware or software, computers, equipment, programming errors, cable, satellite, cellular tower or ISP or wireless carriers; (3) bugs, viruses, worms, Trojan horses or similar malicious attacks; (4) typographical, printing, network, mechanical, electronic, technical, human or other errors or malfunctions; (5) any responsibility and/or liability with respect to the Promotion and/or the prize (including any property loss, damage, personal injury or death) in connection with participation in this Promotion, the offering or announcement of any prize, or the acceptance/possession, use/misuse and/or defects of the prize awarded herein; (6) lost, incomplete, late, misdirected, garbled, undelivered, incomplete, stolen or mutilated transactions, subscriptions or entries; or garbled, lost, misrouted or scrambled transmissions; or (7) unauthorized human and/or mechanical intervention in the Promotion or any other part of the participation process in this Promotion.
9. RELEASE. By entering, Participant agrees to accept and abide by the Official Rules of this Promotion. All decisions by Sponsor regarding this Promotion are final. By entering, Participant agrees to be notified using the contact information provided as part of entry by Sponsor for the purposes of the administration of this Promotion. By entering and/or accepting a prize, Participant agrees to release, defend, indemnify and hold harmless the Released Parties from all injury, loss or damage to person, including death or property due, in whole or in part, directly or indirectly, to the acceptance or use/misuse of a prize, participation in the Promotion and any related activity. Neither Sponsor nor its affiliates are responsible for any typographical or other error in the printing of these Official Rules, administration of the Promotion, or in the announcement or distribution of any prize or prize element. In no event will more than the stated number of prizes be awarded. In the event Sponsor is prevented from continuing with this Promotion, or the integrity and/or feasibility of the Promotion is undermined by any event including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order or regulation, order of any court or jurisdiction, or by other cause not reasonably within Sponsor’s control (each a “Force Majeure” event), Sponsor shall have the right, in its discretion, to abbreviate, modify, suspend, cancel, or terminate the Promotion without further obligation. In no event will more than the stated number of prizes be awarded. If Sponsor, in its sole discretion, elects to abbreviate the Promotion as a result of a Force Majeure event, Sponsor reserves the right, but shall have no obligation, to award the prizes from among all valid and eligible Entries received up to the time of such Force Majeure event.
10. DISPUTES AND ARBITRATION; JURISDICTION AND VENUE: To the maximum extent permitted by applicable law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Except where prohibited, you agree to submit to the personal and exclusive arbitration of disputes under the rules of the American Arbitration Association. Any arbitration will be conducted in Austin, Texas, and you waive any right to claim that such location is an inconvenient forum.
You also acknowledge and understand that you are giving up your right to have a trial by jury; you are giving up your right to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit involving any such dispute; and you must file any claim within one (1) year after such claim arose or it is forever barred.
If this arbitration provision is found to be null and void, then all disputes will be subject to the jurisdiction and the law of the state and federal courts located in Austin, Texas, and you submit to the personal jurisdiction and venue of these courts. All disputes will be governed by and construed in accordance with the laws of the State of Texas, without regard to or application of any conflicts of law rules or principles.
In the event of any litigation or arbitration arising from or related to these Official Rules, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred including staff time, court costs, attorneys’ fees, and all other related expenses incurred in such litigation or arbitration.
11. WINNER’S LIST. For a winners’ list, no later than 60 days after the close of the Promotion, email email@example.com. Limit one (1) request per email address.
13. MYFITNESSPAL’S TERMS AND CONDITIONS OF USE: The MyFitnessPal Terms and Conditions of Use located at terms-of-service are incorporated by reference herein and made a part of these Official Rules.
14. SPONSOR & ADMINISTRATOR: MyFitnessPal, Inc. 100 Congress Avenue, Suite 400, Austin, TX 78701.
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