Get Fit 2014: Win a Trip for Two to Red Mountain Resort and $1,000 in Champion Apparel Sweepstakes Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW OR WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENTS EXIST BUT HAVE NOT BEEN MET. AN AFFIDAVIT OF ELIGIBILITY AND RELEASE OF LIABILITY FORM MAY BE REQUIRED. BY ENTERING THIS SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL SWEEPSTAKES RULES, WHICH ARE A CONTRACT—READ THEM CAREFULLY BEFORE ENTERING.
WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR FROM YOU, AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
The POPSUGAR “Get Fit 2014: Win a Trip for Two to Red Mountain Resort and $1,000 in Champion Apparel Sweepstakes” (the “Sweepstakes”) is sponsored by POPSUGAR Inc., having a corporate address of 111 Sutter Street, Ste. 850, San Francisco, CA 94104,(the “Sponsor”). Entrant’s registration and participation in the Sweepstakes shall be governed by the terms and conditions contained herein (the “Official Sweepstakes Rules”).
ELIGIBILITY: The Sweepstakes is open only to permanent, legal residents physically residing in one of the fifty (50) United States of America and the District of Columbia, excluding Rhode Island, and excluding all U.S. territories and possessions and all overseas military installations. All entrants must be at least eighteen (18) years of age as of the date of entry, and the age of majority in their respective state as of the date of entry. Employees of Sponsor and its respective parents, affiliates, subsidiaries, and advertising and promotion agencies and any other entity involved in the development or administration of this Sweepstakes, and their immediate family members (defined as spouses; biological, adoptive or step-parents; legal guardians; children; siblings; or grandparents; their respective spouses and any dependent under federal income tax law) or household members are not eligible to participate in or win the Sweepstakes. Winners may be required to sign an Affidavit of Eligibility and complete relevant tax forms as a condition to the delivery of the applicable prize. Void where prohibited by law. All applicable federal, state, and local laws apply.
ENTRY: No purchase is necessary to participate in the Sweepstakes.
To enter, you must navigate to http://www.fitsugar.com/33044607 and submit your first and last name and your email address between 12:00 AM PST on Wednesday, January 1, 2014, and 11:59 PM PST on Friday, January 31, 2014 (the “Entry Period”).
ALTERNATIVE METHOD OF ENTRY (“AMOE”): You may also enter the Sweepstakes by mail as follows: on a plain, 3” x 5” index card, legibly handprint or type your first name, last name, date of birth, complete address, city, state, zip code, home phone number (including area code), and email address and mail your completed 3” x 5” card to: “Get Fit 2014: Win a Trip for Two to Red Mountain Resort and $1,000 in Champion Apparel Sweepstakes”, POPSUGAR Inc., 111 Sutter Street, Ste. 850, San Francisco, CA 94104. To be considered eligible in the Sweepstakes, AMOE entries must be postmarked no later than Friday, January 31, 2014, and received no later than Tuesday, February 4, 2013.
Only one (1) entry per person, per household, and per email address is permitted. All entries become property of Sponsor.
Notwithstanding anything to the contrary in the foregoing, information collected from entrant will only be used for direct marketing purposes if entrant consents to use in such manner. Sponsor expressly reserves the right to disqualify any entry that it believes in good faith is generated by an automated program or via scripts or otherwise in violation of any law or of these Official Sweepstakes Rules. By participating, all entrants agree to abide by these Official Sweepstakes Rules.
PRIZE: At the end of the Entry Period, one (1) Grand Prize winner(s) will be randomly selected from all eligible entries received during the Entry Period by employees or representatives of the Sponsor to receive the Grand Prize described below. The drawings will take place after the Entry Period has ended.
The Grand Prize is a trip for two (2) to Red Mountain Resort and $1,000 worth of Champion Apparel. Winner will select and receive the Champion apparel of their choice, which will be shipped to the winner directly after the winner makes their selections. The total estimated value for the Grand Prize is $4,491.50.
The trip to Red Mountain Resort includes (a) round-trip, economy class air transportation to St. George, UT (“Destination City”) from the major airport closest to the winner’s permanent residence with regularly scheduled flights to Denver, CO. Sponsor, in its discretion, may elect ground transportation if winner resides within a 200-mile radius of Destination City; and (b) three (3) nights’ standard hotel accommodations (one double-occupancy room and room tax only) at Red Mountain Resort. Ground transportation to and from St. George Airport is provided by Red Mountain Resort.
Approximate retail value of the travel portion of the Grand Prize only is three-thousand, four-hundred and ninety-one dollars and fifty cents ($3,491.50).
The actual value of the travel may vary depending on date and times of travel, airfare fluctuations and hotel charges at the time of travel. Therefore, the actual value of the Grand Prize awarded may be lower or higher at the time it is fulfilled. Any difference between actual value and stated approximate retail value will not be awarded. Prizes issued, including the Grand Prize, are not redeemable for cash and are not transferable; with no substitution allowed except, at Sponsor’s sole discretion, for a prize of equal or greater value. Decisions of the Sponsor are final and binding with respect to all matters related to the Sweepstakes. In no event shall the Sponsor be obligated to award more prizes than the number of prizes stated in these Official Rules.
Winner and any guest of Winner must be at least eighteen (18) years of age, and the age of majority in their respective state as of the date of entry.
Winner and any guest of Winner must travel on the same itinerary, on dates to be designated by Sponsor, and must have valid identification and any other documents necessary for travel. Travel dates are to be decided by the winner. The hotel accommodations expire January 31, 2015, may be subject to certain blackout dates and restrictions, and are subject to availability.
Travel is subject to the restrictions and conditions set forth below. Any costs associated with the receipt of and/or use of the Grand Prize that are not expressly stated above are not included in the Grand Prize and are the responsibility solely of the Grand Prize Winner. Such costs may include, without limitation, any ground transportation, any unspecified state or local taxes or government surcharges or fees, service charges, facility fees, security fees, passenger tariffs or duties, trip and travel insurance and premiums, meals, drinks, incidentals, gratuities, telephone calls, charges for changing dates or other personal costs and expenses not specified herein and are the sole responsibility of the Grand Prize Winner. All Grand Prize-related travel arrangements will be administered by Sponsor. Should the Grand Prize Winner elect to travel or partake in the Grand Prize trip with no guest, no additional compensation will be awarded to the Grand Prize Winner. Air transportation and hotel accommodations must be taken together and cannot be taken separately. No changes will be made to travel details once any element(s) of the travel arrangements have been booked, except at Sponsor’s sole discretion. All airline tickets issued in conjunction with Grand Prize are not eligible for upgrades, frequent flyer miles, or any other promotional benefit. Sponsor will not replace any lost or stolen tickets, travel vouchers or certificates or similar items once they are in the Grand Prize Winner’s possession or in the possession of the Grand Prize Winner’s guest. Grand Prize travel is subject to capacity controls, availability, blackout dates and certain other restrictions, which may include a Saturday night stay, all of which are subject to change.
Travel must be round-trip. Sponsor will determine airline and flight itinerary in its sole discretion. No stopovers are permitted on tickets issued as the Grand Prize; if a stopover occurs, the Grand Prize will terminate and full fare will be charged from the stopover point for the remaining trip segment(s), including the return. Once hotel and flight arrangements have been confirmed, no changes will be allowed except by Sponsor in its sole discretion. Any unclaimed and/or unused Grand Prize travel package or element thereof will be forfeited by Grand Prize Winner and/or his/her guest and will remain the property of Sponsor. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel is subject to the terms and conditions set forth in these Official Rules and those set forth by Sponsor’s air travel prize supplier, as detailed in the passenger ticket contract issued by such supplier. Winner shall be responsible and liable for all federal, state, and local taxes on the value of the prize and for all costs and expenses related to the Grand Prize that are not specifically mentioned herein, including, but not limited to: additional ground transportation, room service, parking fees, food, alcoholic beverages, tips, and gratuities.
In the event a winner and his or her guest engages in behavior that, as determined by Sponsor in its sole discretion, is obnoxious or threatening, disruptive, inappropriate, illegal or that is intended to annoy, abuse, threaten or harass any other person (or if the Grand Prize Winner and/or his or her guest has in the past engaged in such behavior and that subsequently becomes known to Sponsor), Sponsor reserves the right to send the Grand Prize Winner home with no further compensation.
The total retail value of The Grand Prize is $4,491.50, and all prizes will be awarded. If a Grand Prize winner forfeits or does not claim the prize, prize will be re-awarded, in Sponsor’s sole discretion. Other restrictions may apply. Decisions of Sponsor are final and binding with respect to all matters related to the Sweepstakes. In no event shall the Sponsor be obligated to award more prizes than the number of prizes stated in these Official Sweepstakes Rules. No substitutions (including for cash) are permitted, except that Sponsor reserves the right to substitute a prize of equal or greater monetary value for any prize. Winners shall be responsible and liable for all federal, state, and local taxes on the value of their prize. If required by Sponsor, the winner must complete and return to Sponsor an IRS Form W-9 that reflects winner’s Taxpayer Identification Number or Social Security Number. The winner will receive from Sponsor an IRS form 1099-MISC at the end of the calendar year, and a copy of such form will also be filed with the Internal Revenue Service. To receive a complete list of winners or a copy of the Official Sweepstakes Rules: send a self-addressed, stamped envelope to Prize Fulfillment, POPSUGAR Inc., 111 Sutter Street, Ste. 850, San Francisco, CA 94104. Specify winner’s list or rules in your request. Please allow 6–8 weeks for prize delivery.
SELECTION: At the end of the Entry Period, the winning entry will be chosen at random by POPSUGAR employees. The Sweepstakes will be conducted under the supervision of Sponsor. The number of eligible entries received determines the odds of winning. In the event of a dispute regarding the identity of the person submitting the entry, the entry will be deemed to have been submitted by the person in whose name the entrant’s email address is registered. Winner will be notified by email after the end of the Entry Period. Sponsor reserves the right to determine and to alter the method of notification. Winners must claim their prize within three (3) business days after the date of notification of such prize. A winner’s failure to respond to the prize notification within the specified three (3) business days will be considered such winner’s forfeiture of the prize and an alternate winner may be selected from the pool of eligible entries. If an entrant is found to be ineligible, an alternate winner may also be selected from the pool of eligible entries. Sponsor reserves the right to ship prizes directly to the email and/or mailing address provided by winners during their entry to the Sweepstakes.
GENERAL CONDITIONS AND RELEASES: An entrant or winner may be disqualified from the Sweepstakes if he or she fails to comply with any provision of these Official Sweepstakes Rules, as determined in the sole discretion of Sponsor. Participation in the Sweepstakes is at entrant’s own risk. By receipt of any prize, the applicable winner agrees to release and hold harmless Sponsor and their respective partners, subsidiaries, affiliated entities, employees, directors, officers, agents, or representatives (collectively, “Releasees”).
Releasees shall not be liable for 1) failed, returned, or misdirected notifications based on inaccurate information provided by the winner on the Sweepstakes entry form); entries and responses to winner notifications which are lost, late, incomplete, illegible, unintelligible, postage-due, misdirected, damaged, or otherwise not received by the intended recipient in whole or in part or for computer or technical error of any kind; 2) any electronic miscommunications or failures; technical hardware or software failures of any kind; lost or unavailable network connections; or failed incomplete, garbled, or delayed computer transmissions which may limit an entrant’s ability to participate in the Sweepstakes; 3) any technical malfunctions of the telephone network, computer on-line system, computer equipment, software, program malfunctions, or other failures; delayed computer transactions or network connections that are human, mechanical, or technical in nature; or any combination thereof, including any injury or damage to entrant’s or any other person’s computer related to or resulting from downloading any part of this Sweepstakes; or 4) any warranty of fitness or merchantability of any prize or the function or operation thereof.
Releasees do not make any, and hereby disclaim any and all, representations or warranties of any kind regarding any prize. Unless prohibited by applicable law, the acceptance of the Grand Prize by the winner constitutes winner’s permission for Sponsor to use winner’s name, address (state), biographical information, and testimonials for advertising and/or publicity purposes in connection with this Sweepstakes only, worldwide and in all forms of media now known or hereafter developed, in perpetuity, and without further compensation.
By entering or accepting a prize in this Sweepstakes, winner agrees to be bound by these Official Sweepstakes Rules and to conform to all federal, state, and local laws and regulations. The winner will be required to execute and return to Sponsor within five (5) business days an Affidavit of Eligibility and a Liability and Publicity Release (where imposing such condition is legal) and any additional documents required by Sponsor in connection with the possibility of receiving the Grand Prize. Winner may be required to furnish proof of identity, address, and birth date in order to receive a prize. Any person attempting to defraud or in any way tamper with this Sweepstakes will be ineligible for prizes and may be prosecuted to the full extent of the law. Sponsor reserves the right to modify these Official Sweepstakes Rules in any way or at any time. Sponsor reserves the right, in their sole discretion, to modify, cancel, or suspend this Sweepstakes should viruses, bugs, or other causes beyond Sponsor’s control corrupt the administration, security, or proper play of the Sweepstakes, or for any reason that Sponsor believe in good faith would be fair to the entrants and the conduct of the Sweepstakes. In the event of cancellation or suspension, Sponsor shall promptly post a notice on the Sweepstakes entry page to such effect.
RELEASE AND INDEMNIFICATION: BY ENTERING THIS SWEEPSTAKES, ENTRANTS FOREVER AND IRREVOCABLY AGREE TO DEFEND, INDEMNIFY, RELEASE AND HOLD HARMLESS SPONSOR AND ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY “RELEASEES”) FROM AND AGAINST ANY AND ALL LIABILITIES, LOSSES, COSTS, EXPENSES, DAMAGES, RIGHTS, CLAIMS, LAWSUITS, PENALTIES, PROCEEDINGS, JUDGMENTS, AND ACTIONS OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE SWEEPSTAKES, ENTRY, PARTICIPATION OR IN ABILITY TO PARTICIPATE IN ANY SWEEPSTAKES-RELATED ACTIVITY (INCLUDING, WITHOUT LIMITATION, THE REMOVAL FROM THE SITE OF, OR DISCONTINUATION OF ACCESS TO, ANY MATERIALS), OR RESULTING DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, RECEIPT, DELIVERY, POSSESSION, ATTENDANCE AT, TRAVEL RELATED TO, DEFECT, USE, INABILITY TO USE OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE SWEEPSTAKES, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, DEATH, AND/OR PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY.
LIMITATION OF LIABILITY: IN NO EVENT WILL RELEASEES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF ANY ACCESS TO AND/OR USE OF THE WEBSITE, THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE WEBSITE, THE REMOVAL FROM THE WEBSITE OF, OR DISCONTINUATION OF ACCESS TO, ANY MATERIALS, OR THE ACCEPTANCE, RECEIPT, DELIVERY, POSSESSION, ATTENDANCE AT, TRAVEL RELATED TO, DEFECT, USE, INABILITY TO USE OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, RECEIPT, DELIVERY, POSSESSION, ATTENDANCE AT, TRAVEL RELATED TO, DEFECT, USE, INABILITY TO USE OR MISUSE OF, OR PARTICIPATION IN, ANY PRIZE AWARDED IN CONNECTION WITH THE SWEEPSTAKES. WITHOUT LIMITING THE FOREGOING, THE SWEEPSTAKES, ALL PRIZES, AND ALL MATERIALS PROVIDED ON OR THROUGH THE WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
This Sweepstakes shall be governed by California law without regard to its conflicts of laws provisions. By participating in this Sweepstakes, entrants hereby irrevocably consent to exclusive jurisdiction and venue in the state and federal courts of San Francisco, California for any dispute or litigation arising from or relating to this Sweepstakes.
This Sweepstakes is in no way sponsored, endorsed, administered by, or associated with Twitter, Facebook, or any other organization not specifically named as a Sponsor in these Rules.