MYX BURPEE CHALLENGE SWEEPSTAKES
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
- Sweepstakes Period. The MYX Burpee Challenge Sweepstakes (“Sweepstakes”) begins on January 24, 2022 at 8 AM Eastern Time (“ET”) and ends on January 28, 2022 at 11:59 PM ET, unless earlier terminated or extended by Myx Fitness, LLC (“Sponsor”) in its sole discretion (“Sweepstakes Period”). To enter the Sweepstakes, you (“you,” “your,” “yourself,” or “participant”) must submit your Entry (as defined below) and complete all other requirements herein as determined by Sponsor, and you will be eligible for a chance to win a prize. You understand that You are providing your information to the Sponsor and not to Facebook, Instagram or Twitter, the social platforms. Sponsor’s computer is the official time keeping device for the Sweepstakes. Sponsored by: Myx Fitness, LLC, 400 Continental Blvd., Ste 400, El Segundo, CA 90245.
- Eligibility. The Sweepstakes is open only to legal residents of the fifty (50) United States (including DC, but excluding territories), who are at least eighteen (18) years of age or the age of majority in their respective state of permanent residence at the time of entry. In addition, participants must have an Instagram® account in order to enter this Sweepstakes. Employees, officers, and directors of Sponsor or its parents, subsidiaries, and affiliates, and members of their immediate families (spouses, parents, siblings and children, regardless of where they live) and those living in the same household are not eligible to enter or win. Sponsor reserves the right to verify the eligibility of winners. Participation in the Sweepstakes constitutes your full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes.
- How Do I Enter? To enter the Sweepstakes, you must submit your Entry during the Sweepstakes Period (during the specific days and times listed below) in accordance with these Official Rules. In order to submit an Entry into the Sweepstakes, you must have a valid Instagram® account. Entry into this Sweepstakes and Instagram account registration are free.
Sponsor will post an Instagram Story announcement each day with a video from an Openfit trainer doing ten (10) burpees on the Myx Fitness Instagram page found at @myx.fitness. Their first announcement about this Sweepstakes on January 24, 2022 between 8 AM and 11:59 PM ET; second announcement on January 25, 2022 between 8 AM and 11:59 PM ET; third announcement on January 26, 2022 between 8 AM and 11:59 PM ET; fourth announcement on January 27, 2022 between 8 AM and 11:59 PM ET; and fifth announcement on January 28, 2022 between 8 AM and 11:59 PM ET (each a “Prize Period”).
During the Sweepstakes Period, you may enter the Sweepstakes by completing the following requirements (each completion of the following requirements is an “Entry”).
- Follow Sponsor on Instagram @myx.fitness;
- Click on the link to [LINK] and complete all information on the form and submit it to Sponsor;
- Participants must like the Instagram post and post a video of themselves doing ten (10) burpees or post an “after” photo depicting the participant after completing ten (10) burpees; and
- Create a post that includes your photo or video on your OWN Instagram page and @myxfitness and #sweeptakes in your post.
All Entries must be submitted via Instagram posts only (not through Instagram stories). One Entry per participant. If an entrant’s Instagram account is set to “protected” or “private,” Sponsor will be unable to verify that all entry requirements have been met, resulting in the entrant’s failure to enter the Sweepstakes and ineligibility to receive the prize. Additionally, if an entrant is selected as a potential winner, the entrant’s Instagram account must be configured to receive messages via Instagram Direct (Instagram’s direct message tool) or Sponsor will not be able to contact the entrant and the prize may be forfeited. Posts on any website or social media platform other than Instagram will not be counted as an entry and will not be eligible for a chance to win a prize in the Sweepstakes.
- Limitations. Entrants must comply with all terms, conditions, obligations and restrictions contained in these Official Rules. Limit only one (1) prize per person per Prize Period. In the event of a dispute as to the source of any Entry, the authorized account holder of the email address associated with the Instagram account from which the potential winning Entry was submitted will be deemed to be the valid entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other authorized entity. The potential winner may be required to verify authorized account holder status. Entries that are incomplete, illegible, corrupted, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified at Sponsor’s sole and absolute discretion. Bulk, automated and/or third party entries are prohibited and will be disqualified. Entries that are incomplete, illegible, corrupted, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified at Sponsor’s sole and absolute discretion.
- How Will Winners Be Selected and Notified? Sponsor will randomly choose (1) winner from all eligible Entries after the close of each Prize Period. Winner will be notified and announced the day after each Prize Period ends. Sponsor will announce the winner on Sponsor’s Instagram by replying to the potential winner’s original Entry comment and Sponsor shall also notify each winner via private direct message on Instagram with instructions on redeeming the prize. Sponsor reserves the right to contact and announce the potential winner at a different time. Odds of winning depend on the number of eligible entries received.
If you are selected as a potential winner, you acknowledge and grant Sponsor the ability in its sole discretion to announce your name and any identifiable information on its social media channels, website, or in any other form of public communication. Each potential prize winner may be required to sign and return an Affidavit of Eligibility, a Liability Waiver, and, a Publicity Release (collectively, "the Releases"). If a potential winner fails to sign and return the Releases, then the potential winner’s prize may be forfeited, at Sponsor’s discretion, and an alternate winner may be randomly selected.
Verification of Potential Winners: All potential winners are subject to verification by Sponsor, whose decisions are final and binding in all matters related to the Sweepstakes. A participant is not a winner of any prize unless and until that participant’s eligibility has been verified and participant has been notified that verification is complete.
- Prize. Subject to these Official Rules and Sponsor’s verification, one (1) potential winner will be randomly selected for Prize Periods 1, 2, 3 and 4 (ending January, 24, 25, 26 and 27 at 11:59 PM ET) by Sponsor to receive a an Openfit branded water bottle and sweat towel, approximate retail value (ARV) $10.00 and for Prize Period 5 (ending January 28 at 11:59 PM ET) $20 ARV (“Prize”). The Prize has a total ARV of $60. The Prize may not be exchanged, transferred or substituted for another prize, except at Sponsor’s sole discretion. TO THE MAXIMUM EXTENT ALLOWABLE BY LAW, THE PRIZE IS AWARDED “AS IS” AND SPONSOR DOES NOT MAKE ANY, AND HEREBY DISCLAIMS, ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE PRIZE.
- Release. By participating in the Sweepstakes in any way, uploading or making any Entry for consideration, or taking receipt of or redeeming any prize that may be awarded, you agree to release and hold harmless Sponsor and its subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company's officers, directors, employees, and agents (collectively, the “Released Parties”) and Facebook, Instagram and Twitter from and against any claim or cause of action, including, but not limited to, any cause of action arising from Your Content as set forth and in violation of Section 8 below, personal injury, death, or damage to or loss of property or privacy arising out of your participation in the Sweepstakes, any posting online, public display or otherwise using of any part of your Entry, and/or receipt or use or misuse of any prize that may be awarded.
- Your Content; License. By uploading or submitting any Entry, including any information, text, images, audio, video and any other content (collectively, “Your Content”) and otherwise entering the Sweepstakes, you represent that (a) the Entry and Your Content is truthful, original to you, and does not contain any material that would defame or otherwise violate or infringe upon the rights of any third party, including any patent, trademark, publicity, privacy, moral, trade secret, copyright and/or other intellectual property rights or proprietary rights, and does not violate any applicable federal, state or local laws or ordinances; (b) you own or have the necessary licenses, rights, consents and permissions to use and allow the use of the Entry and Your Content, including any and all patent, trademark, publicity, privacy, moral, trade secret, copyright, and/or other proprietary rights therein; and (c) you have the written consent, release, and/or permission of each and every identifiable person in the Entry and Your Content (to the extent applicable) to use such person's name or likeness in the Entry and Your Content for the uses contemplated herein. You represent that you have not copied or in any way taken any of the Entry or Your Content from any third party.
Further, by making or submitting any Entry and Your Content, you expressly grant the Released Parties a perpetual, worldwide, royalty-free, sublicensable (through multiple tiers of sublicensees), and transferrable right and license to host, store, modify, use, distribute, reproduce, excerpt, adapt, prepare derivative works of, publicly perform and display, publish, and make any other use of your Entry and Your Content in any and all media now known or hereinafter devised, as determined by Sponsor in its sole discretion. This includes, but is not limited to, the right and license to modify, use, distribute, reproduce, excerpt, adapt, prepare derivative works of, publicly perform and display, publish and make any other use of the Entry and Your Content and all aspects thereof: (a) in and in connection with any product, recording, video, advertisement, infomercial, or any advertising or promotional material; and (b) on myxfitness.com, or any other website or webpage owned, operated by or related to Sponsor. You grant Sponsor the right and license to use the Entry and Your Content and all aspects thereof, as set forth herein, in any way Sponsor determines without providing any attribution or compensation to you, except where prohibited by law. Notwithstanding the foregoing, you expressly acknowledge and agree that nothing herein shall require Sponsor to utilize any portion of Your Content. You agree to indemnify the Released Parties from and against all third party trademark, copyright, intellectual property, right of publicity or other claims arising out of the use of the Entry and Your Content.
- Publicity; Marketing. Except where prohibited by law, your participation in the Sweepstakes constitutes your express and irrevocable consent to Sponsor's and its agents’ and designees’ worldwide use of Your Content, including without limitation your name, image, likeness, voice, photographs, biographical details and any other information you may submit or Sponsor may obtain in connection with your Entry for promotional, marketing and trade purposes in any and all media now known or hereafter discovered, without further payment or consideration; including without limitation placement on Sponsor’s websites (including, without limitation, myxfitness.com) and mobile applications, and creation of promotional videos, advertising, or other marketing materials featuring the winners or entrants. In addition, except where prohibited by law, your participation in the Sweepstakes constitutes your consent to Sponsor's contacting you at a later date to inquire further and potentially gain more information about your Entry or your experience in using Myx Fitness’ products and services. You expressly acknowledge and agree that your Entry and Your Content will be accessible by others and that there is no confidentiality or privacy with respect to your Entry and Your Content. In addition, the information provided by you in your Entry may be used by Sponsor for the purpose of delivering its products and services, to inform you of other products or services available, or to contact you about your opinion of current and new products and services that may be offered. Sponsor may use your contact information in order to send you promotional e-mails, postal mail or other communications regarding products or services Sponsor may offer. Please see Myx Fitness’ Privacy Policies (links below and also on the bottom of our websites) for more information about how we may use your information.
- General Conditions. Winning or accepting any prize that may be awarded in the Sweepstakes is contingent upon fulfilling all applicable tax, regulatory, and legal obligations (including completion of any forms required in connection therewith) and any other requirements set forth in these Official Rules, which shall all be at the prize winner’s sole obligation. Winners are solely responsible for any and all federal, state, and local taxes and subject to all applicable federal, state, and local laws and regulations. Void in any country outside of the United States of America and where prohibited by law. The submitting of an Entry confirms your full and unconditional agreement to these Official Rules and Sponsor's decisions, which are final and binding in all matters related to the Sweepstakes. Sponsor reserves the right to cancel, suspend, and/or modify the Sweepstakes and/or extend or delay the Sweepstakes Period, winner announcements, prize awards, or any part of thereof for any reason, including without limitation, force majeure (e.g. an act of war or terror), or if any other factor beyond Sponsor's reasonable control impairs the integrity or proper functioning of the Sweepstakes in any manner, or for any reason related to the administration of the Sweepstakes, as determined by Sponsor in its sole discretion. In the event the Sweepstakes is not capable of running as planned, including due to infection by computer virus or bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor, which corrupt or affect the operation, administration, security, fairness, integrity or proper conduct of the Sweepstakes, Sponsor may, in its sole and absolute discretion and without any fault or liability, void any suspect entries and (a) cancel the Sweepstakes; (b) modify the Sweepstakes or 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; and/or (c) award the prize from among the eligible, non-suspect Entries received up to the time of the impairment in accordance with the criteria in these Official Rules. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be involved with tampering with the Entry process or the operation of the Sweepstakes, or to be acting in violation of these Official Rules or any other Sponsor promotion, or in an unsportsmanlike or disruptive manner. Sponsor's failure to enforce any provision or term of these Official Rules shall not constitute a waiver of that provision or any other provision herein. You acknowledge that the Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Facebook, Instagram or Twitter.
- Limitation of Liability. You recognize and agree that the Released Parties are not responsible for: (1) any injury to you or any other party, and any other personal or property damage that may be caused or that may occur as a result of your attempting to create an Entry or your participation in this Sweepstakes; (2) any incorrect or inaccurate information, whether caused by you, printing errors, or by any of the equipment or programming associated with or utilized in the Sweepstakes; (3) technical failures of any kind, including, but not limited to, malfunctions, interruptions, or disconnections in phone lines, cable connections, or network hardware or software; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries, prize notification, and/or winner confirmation; (5) any lost, late, delayed, corrupted, undelivered, or undeliverable Entry or prize notification; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from your participation in the Sweepstakes, or your receipt or use or misuse of any prize that may be awarded. If for any reason an Entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, participant’s sole remedy is another entry in the Sweepstakes, provided that if it is not possible to award another entry due to discontinuance of the Sweepstakes, none shall be awarded.
BY PARTICIPATING IN THE SWEEPSTAKES, YOU AGREE THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIMS, LIABILITIES, INJURIES, DAMAGES, LOSSES, OR EXPENSES OF ANY KIND, AND IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ENHANCED DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SWEEPSTAKES OR YOUR PARTICIPATION IN THE SWEEPSTAKES, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT SPONSOR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. YOU AGREE THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. WITHOUT LIMITING THE FOREGOING, THE TOTAL CUMULATIVE LIABILITY OF SPONSOR, ITS PARENTS, AFFILIATES AND SUBSIDIARIES, AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS AND ASSIGNS TO YOU FOR ANY CLAIMS, JUDGMENTS AND/OR AWARDS ARISING OUT OF THE SWEEPSTAKES, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED, WILL BE LIMITED TO AND WILL NOT EXCEED USD $28.
- Disputes. The dispute resolution, binding individual arbitration and waiver of class actions and class arbitration terms in Section 9 of the Myx Fitness Terms of Service apply to this Sweepstakes. For U.S. residents, these terms can be found at https://www.myxfitness.com/pages/terms-of-service. If any part of these Official Rules is declared invalid or unenforceable by a court of competent jurisdiction, it shall not affect the validity of the balance of these Official Rules.
- Official Rules Request. To request a copy of the Official Rules, send a self-addressed, stamped envelope by February 28, 2022, to: Myx Fitness, LLC, c/o MYX BURPEE CHALLENGE Official Rules Request, 400 Continental Blvd., Ste 400, El Segundo, CA 90245.
- Winner Confirmation. For a written confirmation of the winners (available after February 28, 2022) send a self-addressed, stamped envelope (no later than February 28, 2022), to: Myx Fitness, LLC, c/o MYX BURPEE CHALLENGE Winners Request, 400 Continental Blvd., Ste 400, El Segundo, CA 90245.
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