WHY I MYX CONTEST
Contest Period. The WHY I MYX Contest November 2021 (“Contest”) begins on November 1, 2021 at 5:00 p.m. Eastern Standard Time (“EST”) and ends on November 12, 2021 at 11:59 p.m. EST, unless earlier terminated or extended by Sponsor (defined below) in its sole discretion. Sponsored by: MYX FITNESS, LLC, 3301 Exposition Blvd., Santa Monica, CA 90404 (“Sponsor”). This Contest is in no way sponsored, endorsed or administered by, or associated with Instagram or Twitter. You understand that You are providing your information to the Sponsor and not to Instagram or Twitterthe social platform. Sponsor’s computer is the official time keeping device for the Contest.
- Eligibility. The Contest is open only to legal residents of the continental United States who are at least eighteen (18) years of age at the time of entry, and who are either: (i) members of the Official Myxfitness Member Motivation Facebook Group (“Facebook Group”) at the time they submit an Entry (defined below) through the duration of the Contest Period; or (ii) followers of Sponsor’s Myx Fitness Facebook, Instagram or Twitter and who have access to Sponsor’s Facebook, Instagram or Twitter pages. Entrants must have a valid and public account on Twitter or Instagram in order to enter the Contest through the platform. 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 each winner. Participation in the Contest 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
- How to Enter. To enter the Contest, you (“you” or “entrant”) must submit your Entry (as defined below) during the Contest Period in accordance with these Official Rules.
- Entry through Facebook: In order to submit an Entry (as defined below) into the Contest through Facebook, you must have a valid Facebook account and be a member of the Facebook Group linked below at the time you submit an Entry and through the duration of the Contest Period. During the Contest Period, you must complete all of the following requirements to enter this Contest:
(i) At the beginning of the Contest Period, Sponsor will make one post on the Facebook Group here and announce this Contest.
(ii) During the Contest Period, you must: (i) like the Sponsor’s post, (ii) comment on the post with a photo or video of yourself answering ‘Why I MYX’, (iii) click on the link to Sponsor’s typeform, complete all information on the form and submit it to Sponsor, following the instructions contained on the form.
- Entry through Instagram: In order to submit an Entry into the Contest through Instagram, you must (i) follow us on Instagram (ii) click on the link to the typeform which you’ll find in Sponsor’s profile bio, complete all information on the form and submit it to Sponsor; (iii) make sure to share your response to Why I MYX and upload your photo in the typeform; (iv) tag a friend whose permission you have on the social post, whom you want to win a MYX II Plus Bike; and (v) make a post that includes your photo or video and your “Why I MYX” story on your OWN Instagram page and use the hashtag #WhyIMYX and tag @myxfitness and #contest in your post. You must either make your Instagram account post public so Sponsor can see it post or must screen shot your post, and email it to [list location] if your account is private to inform the Sponsor that you have posted on your channels.
- Entry through Twitter: In order to submit an Entry into the Contest through Twitter, you must (i) follow us on Twitter, (ii) click on the link to the typeform which you’ll find in Sponsor’s tweet, complete all information on the form and submit it to Sponsor; (iii) make sure to share your response to Why I MYX and your photo in the typeform; (iv) tag a friend whose permission you have whom you want to win a MYX II Plus Bike; (v) upload your photo or video and your “Why I MYX” story on your OWN Twitter page and use the hashtag #WhyIMYX, #contest, and tag @myxfitness in your post.
Please note that all friends tagged must also have accounts that are public in order for Sponsor to contact them in the event the entrant’s submission is chosen as the winner. Instagram and Twitter account registrations and memberships are free. All entries submitted through the above entry methods shall constitute an “Entry” or “Entries” (as applicable) under this Contest.
Each entrant in the Contest may submit only one Entry, regardless of platform used to enter the Contest. If an entrant is selected as a potential winner, the entrant’s Facebook account must be configured to receive messages via Facebook Messenger (Facebook’s direct message tool) or Sponsor will not be able to contact the entrant and the prize may be forfeited. If an entrant is selected as a potential winner, the entrant’s Instagram and Twitter accounts (depending on entrant’s method of entry) must be configured to receive messages via Instagram or Twitter. Message and data charges may apply.
Submission Requirements: Entry must be in a readable format and an original work of authorship made by or with your authorization. If the Entry includes a video submission, the submission must not be greater than 30 seconds. Submission must also meet the requirements contained in Section 6 of these Official Rules. Sponsor reserves the right to disqualify and remove any Entry it deems to not be your own, or determined by Sponsor to be inappropriate, indecent, offensive, lewd, vulgar or otherwise unacceptable or does not adhere to the entry guidelines, the guidelines set forth in paragraph 6, or fails to comply with these Official Rules, without prior notification to you. You must own all the rights to all materials submitted in your Entry, and you must have full authority to grant or dispose of such rights both at the time of entry and at the time any prize is awarded.
- The odds of winning depend upon the number of the entries received.
- Limitations. Entrants must comply with all terms, conditions, obligations and restrictions contained in these Official Rules. Entrant may enter only once and tag only one friend. Only one (1) prize per person will be awarded during the Contest 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 Facebook, Instagram or Twitter account (as applicable) 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
- Winners; General Requirements. Sponsor will have a panel of judges consisting of 4 members of Sponsor’s internal marketing team who will review and judge the Entries and select (2) winners from among all valid Entries submitted. The judges will judge the Entries based on the following criteria:
- Photograph/Video Quality (50%): 50% of the overall judging score will be based on the quality and presentation of your photograph, including image quality, framing, and lighting.
- Creativity of the submission (50%): 50% of the overall judging score will be based on the level of detail, the enthusiasm, and creative impacts in the story and/or image and/or video you post
In the event of a tie, tieing entries will be rescored. The top two entrants who receive the highest score based on the above judging criteria will each be eligible to have their tagged friend win the prize. If the tagged friend fails to claim their prize and/or fulfill all requirements in these Official Rules, then they forfeit their prize and Sponsor will choose another entrant with the next highest score received using the above judging criteria, up to 1 additional time.
- Prize. Subject to these Official Rules and Sponsor’s verification, the winner will receive a MYX II Plus Bike (approximate retail value (ARV) is $1599) https://www.myxfitness.com/products/the-myx-plus. The total ARV of the prize offered during the Contest Period is USD $1599, and may not be exchanged or substituted for another prize, except at the discretion of Sponsor, which prize decision is final. The first 30 days of a Myx Fitness membership will also be included in the prize (ARV USD $29). Sponsor agrees to pay for the first 30 days of the Myx Fitness membership, which must be awarded to the prize winner and is not separately transferable, but the winner will be responsible for all other monthly fees and dues incurred for this membership after the first 30 days. Each prize is non-transferable and cannot be redeemed for cash or substituted or assigned by the winner, unless prohibited by law. Sponsor reserves the right to substitute a similar prize of equal or greater value in the event that any of the state prize cannot be awarded for any reason. All taxes, if any, are the sole responsibility of the winners. This is a taxable event and Prize Recipients (not winners) will be issued an IRS Form 1099 and must submit social security number or taxpayer ID number. Failure to do so will result in disqualification and the prize will be awarded to the tagged friend of the entrant with the next highest score.
NEITHER THE SPONSOR NOR ITS AFFILIATES OR SUBSIDIARIES WILL BE RESPONSIBLE FOR ANY LOSS, LIABILITY OR DAMAGE ARISING OUT OF ANY WINNER'S OR PRIZE RECIPIENT’S ACCEPTANCE, USE OR MISUSE OF THE PRIZE.
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 CONTEST IN ANY WAY, UPLOADING OR MAKING ANY ENTRY FOR CONSIDERATION, OR TAKING RECEIPT OF OR USING ANY PRIZE THAT MAY BE AWARDED, YOU AND EACH PRIZE RECIPIENT 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, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE "RELEASED PARTIES"), FACEBOOK, INC., INSTAGRAM, AND TWITTER, AND THEIR RESPECTIVE RELATED COMPANIES, FROM AND AGAINST ANY CLAIM OR CAUSE OF ACTION, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DEATH, OR DAMAGE TO OR LOSS OF PROPERTY OR PRIVACY ARISING OUT OF YOUR PARTICIPATION IN THE CONTEST, ANY POSTING ONLINE OR OTHERWISE OF ANY PART OF YOUR ENTRY, AND/OR YOUR OR ANY PRIZE RECIPIENT’S RECEIPT OR USE OR MISUSE OF ANY PRIZE THAT MAY BE AWARDED.
THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK, INSTAGRAM, OR TWITTER. BY ENTERING THIS PROMOTION, YOU ACKNOWLEDGE AND AGREE THAT FACEBOOK, INSTAGRAM AND TWITTER ARE EACH COMPLETELY RELEASED OF ALL LIABILITY BY YOU AND PRIZE RECIPIENT IN THIS PROMOTION.
- 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 Contest, 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 proprietary rights, and does not violate any applicable federal, state or local laws or ordinances, and (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 use such person's name, image, likeness and voice in the Entry and Your Content for the uses contemplated herein.
Further, by making or submitting any Entry and Your Content, or by accepting any prize in this Contest, you and the Prize Recipient each expressly grant the Released Parties a perpetual, worldwide, royalty-free, irrevocable, sublicensable (through multiple tiers of sublicensees), and transferrable right and license to host, store, modify, use, distribute, reproduce, excerpt, adapt, prepare derivative works of, alter, modify, edit, privately and/or publicly perform and display, publish, reproduce, exploit, and make any other use of your Entry and Your Content or any content submitted or provided by the Prize Recipient in this Contest, 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, Your Content, any content submitted or provided by the Prize Recipient, 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 any website, web page, and platform owned, operated by or related to Sponsor. You and the Prize Recipient each grant Sponsor the right and license to use the Entry, Your Content, any content submitted or provided by the Prize Recipient, and all aspects thereof, as set forth herein, in any way Sponsor determines, without your or Prize Recipient’s further consent or approval and whether with or without providing any attribution or compensation to you or any Prize Recipient, except where prohibited by law. Notwithstanding the foregoing, you and the Prize Recipient expressly acknowledge and agree that nothing herein shall require Sponsor to utilize any portion of your Entry, Your Content, or any content submitted or provided by Prize Recipient in this Contest.
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 Sponsor’s use of the Entry and Your Content.
- Prize Delivery. Pursuant to Prize Recipient and Winner verification, Prize Recipient will be contacted to arrange delivery of the Prize. Delivery will be made within 4-6 weeks of verification to an address in the Continental United States
- General Conditions. Winning or accepting any prize that may be awarded in the Contest is contingent upon fulfilling all of Sponsor’s requirements, 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 each entrant’s sole obligation. Prize winners are solely responsible, at their own costs, for all matters relating to the prize, including but not limited to all federal, state and local taxes. It is the sole responsibility of each prize winner to seek independent counsel regarding personal tax VOID IN ANY COUNTRY OUTSIDE OF THE UNITED STATES OF AMERICA, AND WHERE PROHIBITED BY LAW.
Sponsor reserves the right to cancel, suspend, and/or modify the Contest and/or extend or delay the Contest Period, winner selection, prize award, or any part of thereof for any reason, including without limitation, force majeure (e.g. due to COVID 19 concerns, regulations and/or restrictions or due to an act of war or terror), or if any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest in any manner, or for any reason related to the administration of the Contest, as determined by Sponsor in its sole discretion. In the event the Contest 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 Contest, Sponsor may, in its sole and absolute discretion and without any fault or liability, void any suspect entries and (a) cancel the Contest; (b) modify the Contest or 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; 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 Contest, or to be acting in violation of these Official Rules or any other promotion of Sponsor, 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.
- Limitation of Liability. You and the Prize Recipient recognize and agree that the Released Parties are not responsible for: (1) any injury to you, the Prize Recipient, 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 the Entry; (2) any incorrect or inaccurate information, whether caused by entrants, Prize Recipient, printing errors, or by any of the equipment or programming associated with or utilized in the Contest; (3) technical failures of any kind, including, but not limited to, malfunctions, interruptions, or disconnections of the internet or in phone lines, cable connections, or network hardware or software; (4) technical or human error which may occur in the administration of the Contest 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 Contest, or your or the Prize Recipient’s 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, the entrant's sole remedy is another Entry in the Contest, provided that if it is not possible to award another Entry due to discontinuance of the Contest, none shall be
BY PARTICIPATING IN THE PROMOTION, YOU AND THE PRIZE RECIPIENT EACH AGREE THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIMS, INJURIES, EXPENSES, LIABILITIES, DAMAGES, OR LOSSES OF ANY KIND, AND IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, SPECIAL, PUNITIVE, RELIANCE, OR ENHANCED DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE PROMOTION, YOUR PARTICIPATION IN THE PROMOTION, OR AWARD, USE OR MISUSE OF ANY PRIZE, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT SPONSOR OR THE RELEAED PARTIES WERE 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 AND THE PRIZE RECIPIENT EACH 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, EACH RELEASED PARTY’S TOTAL CUMULATIVE LIABILITY TO YOU AND ANY PRIZE RECIPIENT FOR ANY CLAIMS, JUDGMENTS AND/OR AWARDS ARISING OUT OF THIS PROMOTION, 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 and the governing law in Section 11 of the Myx Fitness Terms of Service apply to this Promotion. For U.S. residents, these terms can be found at https://www.myxfitness.com/pages/terms-and-conditions. 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/Winner Confirmation Request. To request a copy of the Official Rules or confirmation of the winners, send a self-addressed, stamped envelope by July 31, 2022, to: Why I MYX Contest November 2021, c/o Myx Fitness, LLC, 3301 Exposition Blvd., Santa Monica, CA 90404.
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