PILATES FOR SPORTS APPLE 5 WATCH GIVEAWAY
VOID WHERE PROHIBITED BY LAW.
THESE OFFICIAL RULES (“RULES”) ARE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND SPONSOR (DEFINED BELOW) AND GOVERN YOUR ENTRY INTO THE SWEEPSTAKES (DEFINED BELOW).
To participate in the Pilates for Sports 2020 Apple 5 Watch Sweepstakes (the “Sweepstakes”) you (“You”) must be at least 18 years of age.
By entering into this Sweepstakes, You agree to be bound by these Rules. Sponsor, and their respective parent companies, affiliates, subsidiaries, employees and the immediate family of any such employees (defined as spouse, parent, sibling, child and respective spouses regardless of where they reside) are NOT ELIGIBLE to enter the Sweepstakes.
The Sweepstakes is sponsored by Pilates for Sports, 2-4 Station Walk, Brighton Beach 3186 Victoria Australia (“Sponsor”).
3. Sweepstakes Period
Sponsor will be accepting Entries (defined below) to the Sweepstakes beginning on September 2, 2020 at 12:01 AM Eastern Standard Time (“EST”) through December 1st, 2020 at 7.30 PM EST (the “Sweepstakes Period”). All Entries must be received during the Sweepstakes Period. You assume the risk of all lost, late, misdirected, incomplete or illegible Entries.
4. How to Enter
Enter the Sweepstakes during the Promotion Period online by visiting the entry form, which can be found on the following website at :
Automated or robotic Entries submitted by individuals or organizations will be disqualified. Internet entry must be made by the Entrant. Any attempt by the Entrant to obtain more than the stated number of Entries by using multiple/different email addresses, identities, registrations, logins or any other methods, including, but not limited to, commercial contest/sweepstakes subscription notification and/or entering services, will void Entrant's Entries and that Entrant may be disqualified. Final eligibility for the award of any prize is subject to eligibility verification as set forth below. All Entries must be posted by the end of the Promotion Period in order to participate. Sponsor's database clock will be the official timekeeper for this Sweepstakes. Each individual who submits an Entry is an “Entrant.”
Upon submission, all Entries (subject to Your rights in Your Personal Data (as defined below)) shall become the exclusive property of Sponsor and will not be acknowledged or returned. Sponsor acquires and retains all rights, title and interest therein, including the ownership and copyright of all Entries. Sponsor reserves the right to, and at its sole discretion may, reject any Entry for failure to comply with these Rules. Sponsor is not responsible for a change in Your phone number, address, or email address.
5. Conditions of Participation and Communication
You must have a valid e-mail address and it is Your responsibility to inform Sponsor of any change in Your e-mail address by sending an e-mail to [email protected] with the subject line “SWEEPSTAKES.” You may contact Sponsor regarding requests or inquiries concerning the Sweepstakes electronically via [email protected]. Proof of sending an e-mail to Sponsor at [email protected] is not proof of receipt by Sponsor. Sponsor is not responsible for any failure to respond to e-mails.
You agree to be bound by the decisions of Sponsor regarding the Sweepstakes, which are final and binding in all matters. Sponsor is not responsible for any printing, typographical, mechanical or other error in the administration of the Sweepstakes or in the announcement of the prizes.
One (1) winner will be randomly drawn from the pool of all eligible Entries on December 2, 2020. Winner need not be present to win.
The chance of winning the Prize depends on the number of eligible Entries received by Sponsor.
7. Winner Notification
The Sponsor will attempt to notify the potential winner on or about one (1) day after the applicable drawing via the email address listed on his/her Entry. Sponsor will make two (2) attempts over a five (5) business day period to contact the potential winner (“Winner Notification Period”). If the potential winner fails to respond to Sponsor during the Winner Notification Period, Sponsor may, in its sole discretion, select another winner via a random drawing from the pool of all eligible Entries, but reserves the right not to select an alternate winner. To be declared an official winner (“Winner”), the potential winner will be required to provide proof of age and verification of identity and complete, sign and return to Sponsor an Affidavit and Release Form in a form to be provided by Sponsor (the “Affidavit”) within seven (7) days of the date of Sponsor’s notification that the potential winner has won the Prize (“Prize Claim Expiration Date”). After receipt of the signed Affidavit, Sponsor will confirm the Winner and provide additional information on receiving the Prize. By completing, signing and returning the Affidavit, the Winner: (a) confirms compliance with these Rules; (b) releases and forever discharges Releasees (defined below) from and against any and all loss, liability, claim, cost, demand, damage, action, cause of action and expense whatsoever arising or to arise by reason of Winner’s participation in the Sweepstakes, and/or Winner’s acceptance or use of, or participation in, any prize or activity constituting part of a prize; and (c) gives permission to Releasees, at their option, to publish or otherwise use the Winner’s name, address, photograph, voice and/or comments, without compensation, in any publicity carried out by any such person or entity or its advertising agencies, except where prohibited by law. The Affidavit also allows Sponsor to share information about the Winner with third parties as necessary to organize any component of a Prize. If the potential winner fails to complete, sign and return the Affidavit before 11:59 pm EST on the Prize Claim Expiration Date, he/she will forfeit the Prize and an alternate winner may be selected in accordance with these Rules. In the event that a winner is found to be ineligible after they have been initially selected, another winner will be selected in their place from remaining Entries. In this event, winners of other prizes remain unchanged. (As an example, if the Grand Prize winner is found to be ineligible but the Second Prize and Third Prize winners are eligible, a new Grand Prize winner will be selected, but the Second Prize and Third Prize winners will stay the same and will not be re-entered into the drawing for the Grand Prize).
One (1) Winner will receive:
The Prize is worth approximately $699.00 USD. Final value may vary.
One (1) winner will receive all of the following:
One (1) winner will receive all of the following:
Special terms and conditions related to Prizes are as follows: All prizes are awarded “as is” with no warranties, representations or guarantees, including but not limited to, quality, condition, merchantability or fitness for a particular purpose. Except as specifically stated as part of the Prize Details, above, Winner is responsible for other charges, costs or expenses of any kind not listed in the Prize Details including, without limitation, applicable fees, license fees and taxes are the sole responsibility of the Winner. The Winner must abide by, and is subject to, all licensing, requirements or restrictions that may affect accessibility to and/or use of the Prize received. No substitution, cash redemption or transfer of a Prize is allowed, except at the sole discretion of Sponsor. Prizes cannot be assigned.
9. Personal Data
BY PARTICIPATING IN THE SWEEPSTAKES, YOU AGREE TO RELEASE AND HOLD HARMLESS SPONSOR, AND THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, PARTNERS, AGENTS, SUCCESSORS, ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AND VOLUNTEERS (COLLECTIVELY, “RELEASEES”) FROM AND AGAINST ANY AND ALL LOSS, LIABILITY, CLAIM, COST, DEMAND, DAMAGE, ACTION, CAUSE OF ACTION AND/OR EXPENSE ARISING OUT OF OR RELATED TO YOUR PARTICIPATION IN THE SWEEPSTAKES, AND/OR YOUR ACCEPTANCE OR USE OF, OR PARTICIPATION IN, ANY PRIZE OR ACTIVITY CONSTITUTING PART OF A PRIZE.
Winner is responsible for the reporting and payment of all applicable federal, state and local taxes (including income taxes), if any, associated with their respective prize, and will, and hereby does, hold Releasees harmless from liability for failure to timely report and/or pay such taxes.
All Entries become the property of Sponsor and will not be returned. By submitting an Entry, You grant Sponsor all right, title and interest in and to Your Entry.
In consideration, and as a condition of Your Entry in this Sweepstakes, You hereby grant to Sponsor and its assigns the unlimited right and license to reproduce, distribute, publish, display and/or otherwise use Your photo, name, image, likeness, voice, and biographical information in any legal manner, in any medium and worldwide, including for the promotion of Sponsor, without additional compensation, unless prohibited by law. This grant of rights shall include, without limitation, the use of Your image via pictures, film, videos, photographs and any other media whatsoever, where now existing or hereafter created.
13. Removal and Disqualification
During the Sweepstakes Period, Sponsor may remove any Entries at its sole discretion if, in its determination, they violate these Rules in any manner. Entries using macro, robotic, script or other forms of automatic entry will be disqualified. No mechanically reproduced entries are permitted. Sponsor further reserves the right to disqualify any individual who tampers with the entry process. Sponsor may prohibit You from participating in the Sweepstakes if it determines that You are attempting to undermine the legitimate operation of the Sweepstakes in any manner, including, without limitation, by cheating, hacking, deception or other unfair practices, or if You abuse, threaten or harass other entrants.
Sponsor is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission of any Entry, or any communication to or from Sponsor, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure of Sponsor to receive any Entry, or any communication to Sponsor, on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof. If for any reason the Sweepstakes is not capable of running as planned by Sponsor, including, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, or for any other reason, Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend the Sweepstakes. CAUTION: Any attempt to deliberately damage the Sponsor’s website or undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil laws and Sponsor reserves the right to seek damages from any participant who has made or is making such an attempt to the fullest extent of the law.
15. Limitation of Liability
IN NO EVENT WILL RELEASEES BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, IN CONNECTION WITH YOUR PARTICIPATION IN THE SWEEPSTAKES, EVEN IF RELEASEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS PROVIDED ABOVE OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
16. Disputes/Choice of Law
You agree that any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, these Rules, or any prize awarded will be (1) resolved individually, without resort to any form of class action; (2) heard exclusively by state or federal courts situated in Victoria Australia; and (3) governed by Australian law, without giving effect to any conflict of laws principles.
Any provision of these Rules that is found invalid or unenforceable pursuant to judicial decree or decision shall be ineffective to the extent of such invalidity or unenforceability, and the remainder of these Rules shall remain valid and enforceable according to their terms. If any provision of these Rules is so broad as to be unenforceable, the provision shall be interpreted to be only so broad as is enforceable.
18. Winners List
The name of the Winner may be obtained by mailing a self-addressed stamped envelope to:
Pilates for Sports
4283, Express Lane, Suite 3016-778, Sarasota, FL 34249