BY ENTERING THE SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES, WHICH FORM A CONTRACT. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITY OBLIGATIONS ON THE PART OF ENTRANT AND A LIMITATION OF ENTRANT'S RIGHTS AND REMEDIES.
ELIGIBILITY: This Sweepstakes is open to legal residents of the 50 United States and the District of Columbia who are eighteen (18) years of age or older (OR THE AGE OF MAJORITY IN YOUR STATE OF RESIDENCE, WHICHEVER IS OLDER), at the time of entry (the "Entrant"). Persons in any of the following categories are NOT eligible to win a prize: (a) employees or agents of Sponsors, Administrator, FUEL Partnerships, and each of its companies, subsidiaries, advertising and promotion agencies, (b) individuals engaged in the development, production or distribution of materials for the Sweepstakes including social influencers who are paid to promote this Sweepstakes; and (c) persons who are in the immediate family of any person in any of the preceding categories (including mother, father, sister, brother, daughter, son, spouse, grandmother, grandfather, children or grandchildren), regardless of where they live; or persons who reside in the same household, whether related or not, as any person in any of the preceding categories. All eligibility is subject to all federal, state and local laws and regulations. All entries submitted are the property of the Sponsor. The Sponsor’s database clock will be the timekeeper for this Sweepstakes.
SWEEPSTAKES TIMING: The Get Out Get Active Sweepstakes (the “Sweepstakes”) begins Sunday, May 20, 2018 at 12:00:01 a.m. (midnight) Eastern Time (“ET”) and ends Friday, June 29, 2018 at 11:59:59 p.m. ET ("Sweepstakes Period"). The Sweepstakes will consist of one (1) drawing to award four (4) prizes.
Potential winners will be randomly selected by the Administrator, from all eligible entries during the Sweepstakes Period on or about Monday, July 9, 2018.
Only entries that include a fully compliant entry (completion of all required fields on the entry form) will be eligible for the Sweepstakes. Entry in the Sweepstakes does not constitute entry into any other promotion, contest or sweepstakes. By participating in the Sweepstakes, each Entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Optimum Nutrition, Inc., 3500 Lancey Road, Suite 1200, Downers Grove, IL 60515, Schwinn, 4902 Hammersley Road, Madison, WI 53711 and Avia, 1407 Broadway, Suite 3801, New York, NY 10018 (the “Sponsors”) and/or Cohen-Friedberg Associates, LLC, Framingham, MA 01702 www.cfapromo.com (the “Administrator”) whose decisions shall be final and legally binding in all respects and not subject to further review in any forum.
HOW TO ENTER:
www.GetActiveAtWalmart.com and click on Sweepstakes registration form. Complete your entry with all required information, agree to the Official Rules and submit (“Entry”). After you have submitted your registration, you will automatically be entered into the Sweepstakes. LIMIT: one (1) entry per calendar day ET per person per email address.
Entry Notes: Any attempted form of entry other than as described herein is void. Sponsors will determine, at their sole discretion, what constitutes a valid entry and reserves the right to reject any Entry that it deems, in its sole discretion, to violate any of Sponsors policies, standards, or practices. All materials submitted become the property of the Sponsors and will not be acknowledged.
Sponsors reserve the right to cancel or modify the Sweepstakes if fraud or technical failures impair the integrity of the Sweepstakes as determined by the Sponsors, at their sole discretion, and to award the Prize based on eligible entries received prior to the cancellation.
If you opt to access the Sweepstakes via your wireless mobile device, data rates may apply according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges as well as charges for wireless Internet access) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers' rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Sweepstakes. Mobile device service may not be available in all areas. Check your phone's capabilities for specific instructions. Sponsors are not responsible for any charges.
Use of Personal Data. Sponsors and Administrator will be collecting personal data about Entrants online, in accordance with their privacy policies. Please review Sponsors privacy policies at https://www.optimumnutrition.com/en-us/privacy-policy#VB3pUFlyDYYfctMr.97, http://www.schwinnbikes.com/usa/privacy-policy and http://avia.com/privacy-policy/
Entry Notes: Entries made on another’s behalf by any individuals or other entities, including but not limited to, commercial Sweepstakes/contest subscription notification and/or entering services, will be declared invalid and disqualified for this Sweepstakes. Tampering with the Entry process or the operation of the Sweepstakes is prohibited and any Entries deemed by Sponsors, at their sole discretion, to have been submitted in this manner will be void. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsors satisfaction, the affected Entry will be deemed ineligible.
Sponsors are not responsible for problems downloading or uploading any Sweepstakes-related information to or from the web site or for any other technical malfunctions of electronic equipment, computer on-line systems, servers, or providers, computer hardware or software failures, phone lines, failure of any electronic mail entry to be received by Sponsors on account of technical problems, traffic, congestion on the internet or the web site, or any other technical problems related to web site entries including telecommunication miscommunication or failure, and failed, lost, delayed, incomplete, garbled or misdirected communications which may limit an entrant’s ability to participate in this Sweepstakes.
SWEEPSTAKES DRAWING: Random drawings will be conducted by the Administrator on or about Monday, July 9, 2018 from all eligible entries received during the Sweepstakes drawing period.
PRIZES/APPROXIMATE RETAIL VALUE (“ARV”): Only the prizes listed above will be awarded in this Sweepstakes. LIMIT: One prize per person or household.
Four (4) Grand Prize Packages: Each winner will receive the following three (3) prize packages: Total ARV of each prize $561.30.
From Optimum®: ARV of prize package $245.54
From Schwinn®: Winner may select one (combination listed below) ARV of each prize package $215.76
Each winner will also receive the following with their package selection from above:
From Avia®: ARV of this prize package $100
Approximate retail value of all prizes $2,245.20. Any and all warranties on any prize (if any) are subject to the respective manufacturers’ terms, and winner agrees to look solely to such manufacturers for any such warranty. Prize is non-transferable. Sponsor reserves the right to substitute a prize (or portion thereof) of equal or greater value if the advertised prize (or portion thereof) becomes unavailable. All ARV’s are subject to change based on, among other things, normal price fluctuations associated with the marketplace.
DISCLAIMER: WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
Prize winner is responsible for any and all applicable fees, service charges, surcharges all insurance, federal, state, and local taxes, and any other unspecified expenses associated with acceptance or use of the prize.
If the prize or the prize notification is returned as undeliverable or any non-compliance with the Official Rules or failure to respond within the applicable time period, it will result in forfeiture of the prize and will be awarded via a random drawing from all remaining eligible entries.
Prize will be awarded only if the prize winner fully complies with these Official Rules.
WINNER NOTIFICATION: Prize winners will be notified via email or phone based on the information when registering in this Sweepstakes. Prize winner will be notified within three (3) business days of the drawing. Once eligibility has been verified and the Sponsors receive the prize winner’s requested information, the Sponsors will arrange to award the prize. Prize winner must reply with all required information in order to receive their prize.
Prize winners with a prize value of $600 or more will be required to provide proof of identity, verification of eligibility and compliance with these Official Rules, and, unless prohibited by law, a complete written Affidavit of Eligibility/Release of Liability Form, W-9 tax payer request for identification form and where legal, Publicity Release (“Affidavits”) as well as any other documents required by Sponsors, all of which must be received fully-executed within three (3) days of receipt or such potential prize winner may be disqualified and an alternate potential prize winner may be selected.
LIMITATION OF LIABILITY: Neither Sponsors, Administrator, the Promotion Entities, prize suppliers, nor any of their respective parent, subsidiary or affiliated entities or any of their respective shareholders, officers, directors, employees, agents, attorneys, successors and assigns (the “Released Parties”) shall be held responsible for, and Entrant hereby releases the Released Parties from any claims arising from or in any way relating to: (i) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (ii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iii) unauthorized human intervention in any part of the entry process or the Sweepstakes; (iv) electronic or human error which may occur in the administration of the Sweepstakes or the processing of entries; (v) any injury, death or damage to persons or property, including but not limited to Entrant's computer, hardware or software, which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Sweepstakes (vi) use of any prize and (vii) the drawing process including the outcome of the Sweepstakes.
GENERAL CONDITIONS: The Released Parties are not responsible for lost, late, incomplete, inaccurate, stolen, misdirected, undelivered, delayed, garbled or damaged entries; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the prize or in any Sweepstakes-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes. Released Parties are not responsible for injury or damage to Entrants’ or to any other person’s computer related to or resulting from participating in this Sweepstakes or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Sweepstakes or website or who are in violation of these Official Rules, as solely determined by Sponsors, will be disqualified and all associated entries will be void. CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. If for any reason the Sweepstakes is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsors, which corrupts or affects the administration or proper conduct of this Sweepstakes, the Sponsors reserve the right at its sole discretion, to disqualify any individual who tampers with the entry process, and/or to cancel, terminate, modify or suspend the Sweepstakes or any element thereof. In the event of cancellation, Sponsors will award the prize from among all eligible, non-suspect entries received prior to cancellation by random drawing. The use of any automated launching or entry software or any other mechanical or electronic means that permits the Entrant to automatically enter repeatedly is prohibited. Any entries found or suspected to be submitted in this manner will be deemed ‘void’ by the Sponsors or Administrator. Entrants, by participating, agree that Sponsors and their respective parents, affiliates, subsidiaries and advertising and Sweepstakes agencies and all of their respective officers, directors, employees, representatives and agents 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, including death, to persons, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in this Sweepstakes.
DISPUTES: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the Commonwealth of Massachusetts or the appropriate Court located in the Commonwealth of Massachusetts; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys' fees; and (3) unless otherwise prohibited, under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsors in connection with the Sweepstakes shall be governed by, and construed in accordance with, the laws of the Commonwealth of Massachusetts, without giving effect to any choice of law or conflict of law rules (whether of the Commonwealth of Massachusetts or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Commonwealth of Massachusetts.
WINNERS LIST: To obtain the names of the winners (available after 7/23/18), send a self-addressed stamped envelope to: Get Out Get Active Sweepstakes Winners, P.O. Box 2312, Framingham, MA 01703-2312. All such requests must be received by 7/31/18.
The use of any prize manufacturer, name or trademark in connection with any of the prizes is solely for the purpose of describing such prize and is not intended to suggest any affiliation or sponsorship.