PLANET FITNESS 5 Million Thank Yous $5K GIVEAWAY

 

NO PURCHASE NECESSARY TO PARTICIPATE OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHEREVER PROHIBITED OR RESTRICTED BY LAW.

 

1.       Promotion Period: Planet Fitness 5 Million Thank Yous $5K Giveaway (the “Promotion”) begins at or about 12:00:00 am Eastern Time (“ET”) on 3/5/14 and ends at or about 11:59:59 pm ET on 3/20/14 (or earlier if the five (5) randomly selected Time(s)/Location(s), have all been selected and the prize winners have been confirmed (the “Promotion Period”).

 

2.       Eligibility:  Promotion is open only to legal residents of the fifty (50) United States (inc. D.C.), who are at least eighteen (18) years of age or older, or the age of majority in their jurisdiction of residence, at the time of their participation, and who are and were members of Planet Fitness prior to learning of this Promotion (hereinafter “Eligible Participants”). Employees, directors and officers of PLA-Fit Franchise, LLC (“Sponsor”), Bottlerocket Marketing Group, LLC, a Brand Connections Company (“Administrator”), and any of their respective affiliates, franchisees, parents, subsidiary companies, and advertising and promotion agencies (collectively, the “Released Parties”), and members of the immediate families (spouses, parents, children, and siblings and their respective spouses, regardless of where they reside), and/or those living in the same household, of any of the foregoing are not eligible. Void where prohibited, or otherwise restricted by law. Promotion is subject to all applicable federal, state and local laws. By participating in the Promotion, you agree that: (1) you have read and understand the Official Rules; (2) you meet the eligibility requirements as explained in the Official Rules; (3) you accept and agree to be bound by these Official Rules as posted at www.5MillionMemberGiveaway.com, (who is hosting this site?) and to Sponsor's Conditions of Use, Legal Notices and Privacy Policy as published at http://www.PlanetFitness.com; (4) you unconditionally accept and agree to comply with and abide by the decisions of Sponsor and Administrator, whose decisions shall be final and binding in all respects; and (5) you agree to release and hold harmless each of the Released Parties and their respective agents, employees, officers, directors, successors and assigns, against any and all claims, injury or damage arising out of or relating to participation in this Promotion and/or the use or misuse or redemption of a prize, and for any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property related cause of action.

 

3.       How To Participate/Win A Prize: Throughout the Promotion Period, Sponsor will randomly select five (5) winning times and corresponding Planet Fitness Locations from across the United States (“Time(s)/Location(s)”). The Promotion Period may end earlier if all of the five (5) randomly selected winning Time(s)/Location(s) have been selected, and all applicable potential prize winners confirmed as official, prior to 11:59pm on 3/20/14. Many will participate, few will win. In order to participate, you must be an Eligible Participant who steps into a Planet Fitness Location (“Participate(s)”) during the Promotion Period. Odds of winning a prize depend upon the actual number of Eligible Participants and the timing and location of such Eligible Participants’ participation. In order for you to be a potential prize winner, you must be an Eligible Participant who steps into a randomly selected Planet Fitness Location at a randomly selected winning Time, as determined and verified by Sponsor, or if no one Participates exactly at such time you must be the first to Participate immediately after such time, as determined and verified by Sponsor. In these winning moments, the potential winner(s) will be approached by a representative of Sponsor and will be provided directions for validation and verification, as detailed below. There is no limit to the amount of times one (1) participant can Participate, however, there is a limit of one (1) prize per person, throughout the Promotion Period. In order to be named an official winner, participants must abide by these official rules.

 

4.       Prizes and Approximate Retail Value (“ARV”): Five (5) prize winners (one (1) from each randomly selected Location), once confirmed as detailed below, will each receive one (1) one thousand dollar check (ARV: $1,000). The total ARV of all prizes available to be awarded throughout the Promotion Period is Five Thousand Dollars ($5,000). DO WE NEED TO INCLUDE THE ONE YEAR MEMBERSHIP THAT THEY WILL ALSO GET TO THEIR GYM LOCATION?

 

5.       Verification/Acceptance: The five (5) potential prize winners, once confirmed by Sponsor, will be presented on the spot with an Affidavit of Acceptance/Eligibility and Liability/Publicity Release (where lawful) (the “Prize Claim Documents”) and will have one (1) calendar day from the time of receipt to sign and return the Prize Claim Documents to Sponsor, or else such prize will be forfeited. If a potential prize winner fails to return any Prize Claim Document within the number of days specified, or if the potential prize winner declines their prize, then the prize may be forfeited and an alternate potential prize winner will be selected. If the Promotion Period has ended and one (1) or more prize winners have not been confirmed, Sponsor reserves the right to extend the Promotion Period and award such prize in accordance with these official rules. In the event that there are less prize winners than there are prizes available due to no Participation, Sponsor reserves the right to only award the amount of prizes as there are eligible prize winners. The decisions of Administrator and Sponsor are final and binding on all matters relating to this Promotion.

 

6.       Prize Conditions: No transfers of prizes, in whole or in part, will be permitted, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize (or portion thereof) with another prize of greater or comparable value, as determined by Sponsor. All prize details are at Sponsor’s sole discretion. All elements of the prizes are awarded "AS IS" and WITHOUT WARRANTY OF ANY KIND, express or implied, including, without limitation, any implied warranty of merchantability or fitness for a particular purpose. Any and all guarantees and warrantees on merchandise prizes are subject to the manufacturer’s terms and conditions, and winner agrees to look solely to said manufacturers for any such warranty or guarantee claim

 

7.       General Rules: By participating in the Promotion, participants agree to be bound by these Official Rules and the decisions of Sponsor and Administrator, which shall be final and binding in all respects. Acceptance of a prize constitutes permission for Sponsor and its designees to use winners’ names and likenesses for promotional, advertising or any other purposes in any and all media, now known or hereafter devised, worldwide in perpetuity, without further compensation, notification or permission, except where prohibited by law.

 

  1. Limitations of Liability: Participants, by participating in the Promotion, release and agree to hold the Released Parties harmless from and against any and all liability, claims or actions of any kind whatsoever, for any injuries, losses or damages of any kind to persons, including death and bodily injury, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any prize and/or participating in this Promotion or in any Promotion-related activity, whether sponsored, held by or paid for by a third party or by Sponsor. Additionally, the Released Parties are not responsible for late, misdirected, or unspotted Participation, or for any virus contracted by an entrant’s computer through participation in the Promotion or viewing the rules, for any incorrect or inaccurate information, whether caused by a human or by a computer or Internet malfunction or interference, tampering, manipulation, weather or natural disaster, acts of war, or by any of the equipment or programming associated with or utilized in the Promotion, and assume no responsibility for any error, omission, interruption, deletion, defect or delay in operation; or for failed computer, satellite, telephone, wireless or cable transmissions, lines or technical failure. Released Parties are not responsible for any errors or difficulties of any kind whether human, electronic, computer, network, typographical, printing, administrative or otherwise relating to or in connection with the Promotion, including, without limitation, errors or difficulties which may occur in connection with the administration of the Promotion, or the verification of the participant or prizes or in any Promotion-related activity or materials. The Released Parties are not responsible for lost, interrupted, inaccessible or unavailable network, server, wireless service, Internet Service Provider (ISP), website, or other connections or any combination thereof. Sponsor reserves the right, at its sole discretion, to disqualify any individual it suspects of tampering with the Participation process or the operation of the Promotion, to be acting in violation of the Official Rules, or to be acting in a unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any use of any devices, or methods, which subvert the participation process will void all participation by such devices/methods, and disqualify any participant using such methods. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. If, for any reason, the Promotion is not capable of running as planned by reason of, but not limited to, tampering, weather, unauthorized intervention, fraud, technical failures, virus, bug, worms, unauthorized human intervention or any other causes which Sponsor, in the sole opinion of Sponsor, deems could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion and post notice of the action where they deem fit. If Sponsor terminates the Promotion prior to the end of the Promotion Period, Sponsor may elect to award any remaining prizes as otherwise may be deemed fair and equitable by Sponsor.

 

UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN AWARDS FOR, AND PARTICIPANTS HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER. IN NO EVENT SHALL SPONSOR BE LIABLE TO ANY PARTICIPANT OR WINNER FOR DAMAGES THAT EXCEED THE VALUE OF THE PRIZE TO BE AWARDED TO THE INDIVIDUAL PARTICIPANT IN THIS SWEEPSTAKES. SPONSOR’S FAILURE TO ENFORCE ANY PROVISION IN THESE OFFICIAL RULES WILL NOT BE DEEMED A WAIVER OF SUCH.

 

9.    Governing Law and Venue: THE PROMOTION IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN NEW YORK, NEW YORK. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”).  THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN NEW YORK. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF NEW YORK. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.

 

10. Privacy Policy: Any personally identifiable information collected during this Promotion will be collected by Sponsor and used by Sponsor, its affiliates, agents and marketers for purposes of the proper administration and fulfillment of the Promotion as described in these Official Rules and in accordance with Sponsor's Privacy Policy as stated at http://www.planetfitness.com/privacy.aspx and as allowed by law. You understand that by participating and/or winning a prize herein, any information provided is being provided to Sponsor.

 

11.  Request for the Names of Winner: For the names of the prize winners, available after the Promotion Period has ended, and/or Official Rules, send a self-addressed stamped envelope, to be received by 06/01/14, to: The Planet Fitness 5 Million Thank Yous 5K Giveaway, c/o bottlerocket marketing group, LLC, 71 Elm Street, Suite 8 Foxboro, MA 02035

 

12.  Sponsor: Pla-Fit Franchise, LLC, 26 Fox Run Road, Newington NH 03801