The October Challenge Giveaway
`NO PURCHASE NECESSARY TO ENTER OR WIN THE GIVEAWAY. A PURCHASE OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS IS A CHANCE-BASED GIVEAWAY. VOID WHERE PROHIBITED BY LAW.
BY ENTERING (OR OTHERWISE PARTICIPATING) IN THE GIVEAWAY, YOU MUST AGREE TO THESE OFFICIAL RULES (COLLECTIVELY, “OFFICIAL RULES”), WHICH CREATE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, SUCH CONTRACT INCLUDES GRANTS OF RIGHTS AND INDEMNITIES TO SPONSOR FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
The October Challenge Giveaway (the “Giveaway”) is open entrants who are at least 18 years of age and have reached the legal age of majority in their country, state, or territory of residence at the time of entry. Employees, representatives, agents, officers and directors (and each of their immediate family members (i.e., parents, legal guardians, children, grandparents, grandchildren, spouses or siblings and their respective spouses)) and those living in their same households, whether or not legally related, of The Pilates Class Online, LLC (“The Pilates Class” or “Sponsor”), and each of their parents, affiliates, subsidiaries and advertising and promotion agencies are not eligible to enter or win the Giveaway. By participating, entrants agree to be bound by these Official Rules and the decisions of the judges (defined below) and/or Sponsor, which are binding and final on matters relating to the Giveaway, including, without limitation, interpretation of the Official Rules. VOID WHERE PROHIBITED BY LAW.
- Entry Period
The Giveaway begins on or about 10:00 a.m. United States Pacific Time on October 1, 2023 and all entries must be received by the Sponsor on or before 11.59 p.m. United States Pacific Time October 31, 2023, subject to extension by the Sponsor in its sole and absolute discretion (the “Entry Period”). Sponsor’s computer is the official time keeping device for the Giveaway. All entries must be received during the Entry Period.
- How to Enter
To enter the Giveaway online, during the Entry Period, visit the entry page at thepilatesclass.com/pages/contest, complete the entry form and hit submit. To be valid, entries must be received no later than the final minute of the Entry Period.
Entries will be automatically submitted for purchases of annual memberships for The Pilates Class online offering during the entry period. A purchase will not improve your chances of winning.
Participants in the Giveaway can only enter once. Those who do not follow all of the instructions or abide by these Official Rules or other instructions of Sponsor may be disqualified in Sponsor’s sole and absolute discretion. All entries that are late, illegible, incomplete, damaged, destroyed, forged or otherwise not in compliance with the Official Rules may be disqualified from the Giveaway in Sponsor’s sole and absolute discretion. Entries generated by script, macro or other automated means and entries by any means which subvert the entry process are void.
In the event of a dispute as to the identity of any entrant who submits an entry, the entry will be deemed submitted by the holder of the email account submitted on the entry form or at checkout. Winner(s) may be required to show proof of being the registered email account holder. If a dispute cannot be resolved to the Sponsor's satisfaction, the entry will be deemed ineligible. Sponsor and affiliated entities are not responsible for lost, misdirected, misplaced, stolen, tampered with, deleted, or invalid entries. Assurance of delivery of entries is the sole responsibility of the entrant.
By submitting an entry to the Giveaway, entrant understands and agrees that their Submission may be publicly displayed, featured, and accessible on Instagram and/or other Sponsor affiliated websites without any further notification to or consent from entrant.
- Determining the Winner
Within five (5) days of the end of the Entry Period on or about October 31, 2023. 1 potential winning entrant will be selected by random drawing. Potential winning entrants will be contacted via email. If a potential winning entrant is determined by Sponsor to be unqualified to participate in this Promotion or does not respond to Sponsor’s correspondence within 5 days, the potential winning entrant will be disqualified and a new potential winning entrant will be selected by random drawing.
LIMIT: ONE (1) PRIZE PER PERSON. ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
Any potential “Winner” is subject to confirmation that the potential Winner has met the eligibility requirements and complied with these Official Rules.
- Winner Notification
The potential Winner(s) will be notified via email November 5, 2023, unless extended by Sponsor. It is an entrant’s responsibility to monitor their email messages to see if she or he is a potential Winner. Potential Winners will need to respond and confirm eligibility to sponsor within five (5) days of issuance of a Winner notification. Except where prohibited by law, the potential Winner(s) will be required to execute and return an Prize Acceptance Documents within five (5) days of date of issuance of a Winner notification. If such documents are not returned within the specified time period, a prize or prize notification is returned as undeliverable, Sponsor is unable to contact a potential Winner, or a potential Winner is not in compliance with these Official Rules, the prizes will be forfeited and, in Sponsor’s discretion, an alternate winner will be selected based on random drawing.
Non-compliance shall result in disqualification and award of the prize to an alternate Winner. If any potential Winner is found to be ineligible, or if he or she has not complied with these Official Rules, or declines the prize for any reason prior to award, such potential Winner may be disqualified and an alternate potential Winner may be selected. The Sponsor is not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential Winners.
- Grand Prize. Only one (1) grand prize will be awarded. The eligible grand prize winner will receive:
- 1x $250 gift card to TPC’s online store
- 1x Limited edition TPC tote
The total ARV of all prizes to be awarded is around of above $300 USD.
Sponsor will provide Winners with instructions on how to redeem their prizes. Winners must follow all of Sponsor’s instructions and submit all required information and paperwork, as determined by Sponsor in its sole discretion, in order to receive their prizes. Grand prize will be delivered in accordance with the travel arrangements made by Sponsor.
Prizes pictured in online, television, print advertising, and other Giveaway materials are for illustrative purposes only. Arrangements for the fulfillment of the prizes, including all travel arrangements, will be made by Sponsor.
In the event any event or portion of the grand prize is unavailable, delayed, postponed, or canceled for any reason, including, but not limited to, any government restriction, public health threat, or similar circumstance associated with the COVID-19 pandemic, such portion of the grand prize is forfeited in its entirety and no substitution will be provided except as in Sponsor’s sole discretion.
Prizes are non-transferable, with no cash redemptions, equivalents, or substitutions except in Sponsor’s sole and absolute discretion. All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. Sponsor will not replace any lost or stolen prizes. Prize details and availability are subject to change, and in the event that Sponsor is unable to provide a Winner with their prize, the Sponsor may elect to provide Winner(s) with an alternate prize of comparable or greater value. The ARV of the prize(s) is based on available information provided to Sponsor and the value of any prize awarded to a Winner may be reported for tax purposes as required by law. The Winner(s) may be required to provide Sponsor with a valid social security number or tax identification number for tax reporting purposes before the prize will be awarded (as required in Winner’s applicable jurisdiction of residence). An IRS Form 1099 may be issued in the name of Winner(s) for the value of the prize(s) received. Unclaimed prize(s) will be forfeited.
- General Conditions
Sponsor reserves the right to cancel, suspend, and/or modify the Giveaway, or any part of it, if any fraud, technical failures, or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Giveaway, as determined by Sponsor in its sole discretion. Sponsor is not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible entries; lost, interrupted, or unavailable network, server, or other connections, garbled transmissions or miscommunications, or telephone transmission problems; computer or software malfunctions or damage to a user’s computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. Proof of sending or submission of entry will not be deemed proof of receipt by Sponsor. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR ACCOUNT ASSOCIATED WITH THIS GIVEAWAY OR UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, any website or account associated with the Giveaway, and/or the legitimate operation of the Giveaway; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. If, for any reason, the Giveaway is not capable of running as planned, Sponsor may, in its sole discretion, void any suspect entries and: (a) modify the Giveaway or suspend the Giveaway to address the impairment and then resume the Giveaway in a manner that best conforms to the spirit of these Official Rules; or (b) award the prizes in accordance with section 5 above from among the eligible, non-suspect entries received up to the time of the impairment.
- Publicity; Limitations of Liability; Releases; Intellectual Property
- By participating in this Giveaway, entrants agree that Sponsor, and their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, web masters, and their respective officers, directors, employees, representatives, successors, assigns, and agents (the “Released Parties”) are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Giveaway; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Giveaway; (4) technical or human error which may occur in the administration of the Giveaway or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Giveaway or receipt or use or misuse of any prize. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming, or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed Sponsor reserves the right to award only the stated number of prizes pursuant to the Judging Criteria set forth in section 5 above from among all legitimate, un-awarded, eligible prize claims.
- BY PARTICIPATING IN THIS GIVEAWAY, ENTRANTS AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES, OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF A PRIZE, ENTRY, OR PARTICIPATION IN THIS GIVEAWAY OR IN ANY GIVEAWAY RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO TRAVEL CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, TERRORISM, OR ACTUAL OR THREATENED PUBLIC HEALTH CRISES (INCLUDING, WITHOUT LIMITATION, PANDEMICS AND EPIDEMICS AND ANY GOVERNMENT SHUTDOWNS OR RESTRICTIONS RELATED THERETO).
- WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS GIVEAWAY, INCLUDING ALL PRIZES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
- EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY APPLICABLE JURISDICTION ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
- PUBLICITY RELEASE. EXCEPT WHERE PROHIBITED BY LAW, WINNER GRANTS TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR), THEIR SUBSIDIARIES, AFFILIATES, RETAILERS, DISTRIBUTORS, ADVERTISING AND PROMOTIONS AGENCIES, SUPPLIERS, AND THOSE ACTING PURSUANT TO ITS AUTHORITY, THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, AT ANY TIME OR TIMES, EACH WINNER’S NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, SOCIAL MEDIA HANDLE, AND BIOGRAPHICAL INFORMATION FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION. Nothing contained herein shall be deemed to obligate Sponsor to make use of any of the rights granted herein and Winners waive any right to inspect or approve any such use of any and every nature and kind.
- Governing Law; Disputes; Arbitration
EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, EACH ENTRANT AGREES THAT: (a) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS GIVEAWAY OR ANY PRIZE AWARDED SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF CALIFORNIA AND THE FEDERAL LAWS OF THE UNITED STATES OF AMERICA APPLICABLE THEREIN. THE ENTRANT HEREBY ACCEPTS THE JURISDICTION OF THE COURTS OF CALIFORNIA AND COURTS WITHIN CALIFORNIA WITH RESPECT TO ANY LEGAL ACTIONS, SUITS, OR PROCEEDINGS ARISING OUT OF OR RELATED TO THIS GIVEAWAY AND AGREES NOT TO OPPOSE ANY ACTION BROUGHT IN CALIFORNIA ON THE BASIS THAT THE COURTS OF CALIFORNIA ARE NOT AN APPROPRIATE OR CONVENIENT FORUM FOR SAME; (b) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED (NOT TO EXCEED $10 USD), BUT IN NO EVENT ATTORNEYS’ FEES; (c) NO PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, MAY BE AWARDED (COLLECTIVELY, "SPECIAL DAMAGES") AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM SPECIAL DAMAGES AND ALL RIGHTS TO HAVE SUCH DAMAGES MULTIPLIED OR INCREASED. CALIFORNIA LAW, WITHOUT REFERENCE TO CALIFORNIA CHOICE OF LAW RULES, GOVERNS THE GIVEAWAY AND ALL ASPECTS RELATED HERETO.
- List of Giveaway Winners; Official Rules Requests
To find out who won, email email@example.com with the subject line “The Pilates Class October Challenge Giveaway - Winners List.” Requests must be received no later than three (3) months following the end of the Entry Period. For a copy of these Official Rules, email firstname.lastname@example.org with the subject line “The Pilates Class October Challenge Giveaway – Rules” prior to the end of the Entry Period.
- Identification of Sponsor
The Giveaway is sponsored by The Pilates Class, LLC with an address at 400 S Beverly Blvd Suite 200 Beverly Hills, CA 90212.
Any questions, comments or complaints regarding the Giveaway should be directed to The Pilates Class by email to email@example.com.
- Information Submitted