NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. YOU MUST HAVE A COMPUTER WITH INTERNET ACCESS IN ORDER TO ENTER.
The NX Fitness "Workout of the Week" Contest (the "Contest") is open only to legal residents of the fifty (50) United States (including District of Columbia) who are at least eighteen (18) years old at the time of entry. Void in Guam, Puerto Rico, the U.S. Virgin Islands, and other U.S. territories and possessions and where prohibited by law. Employees of Novoria, Inc. or any of their respective affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production execution, provisioning of prizing or advertising/distribution of the Promotion and their immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members (people who share the same residence at least three (3) months out of the year) of each such employee are not eligible. The Promotion is subject to all applicable federal, state and local laws and regulations. Participation constitutes entrant's full and unconditional agreement to these Official Rules and Sponsor's decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
Sponsor and Administrator: Novoria, Inc., PO Box 241528 Los Angeles, CA 90024 ("Sponsor").
The Contest begins on Wednesday at 12:00 p.m. Pacific Time ("PT") and ends on the following Wednesday at 11:59 a.m. PT (the "Promotion Period"). Sponsor's computer is the official time keeping device for this Contest.
Photography, imagery and text used in a submission must be original or in the public domain. Sponsor shall have the right to disqualify any entries that they deem to be obscene, vulgar, sexually explicit, lewd, derogatory, inappropriate, or otherwise not in good taste, as determined in their sole discretion. Sponsor may withdraw a submission at any time without notice.
How to enter the Contest:
1. Visit www.nxfit.com/wow/ (the "Website") and watch the video explaining the Weekly Challenge Contest.
2. Create an account and submit an entry containing text, photo, or video. ("Submission") (required).
In the event of a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the registrant or player. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder.
Sponsor reserves the right to contact entrants whose email address is submitted as part of this promotion. Entrants may then choose to opt-out of future email notifications.
To determine the potential winner(s), Submissions aggregated on the Website will be judged and ranked by Sponsor based on number of votes, points, creativity and originality of the entries. Winners are determined at the sole discretion of the Sponsor.
Grand Prize Winner: On or about the concluding Wednesday, one (1) Grand Prize Winner will be selected from all eligible entries.
ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION.
Potential winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected.
Winners will be notified by the email address they used to submit their Image. The Grand Prize Winner may be required to execute an Affidavit of Eligibility, a Liability Release, and (where legal) a Publicity Release (collectively, "Prize Claim Documents"). If any potential winner fails or refuses to sign and return all Prize Claim Documents within five (5) days of prize notification, such winner may be disqualified and an alternate winner may be selected.
Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. If, despite reasonable efforts, a potential winner does not respond within seven (7) days of the first notification attempt, or if the prize notification is returned as undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected.
Grand Prize: ONE (1) GRAND PRIZE: The Grand Prize winner will receive one (1) gift card as highlighted on the WOW pages. The Approximate Retail Value ("ARV") of the Grand Prize is $50 USD.
Prizes are non-transferable and no substitution will be made except as provided herein at Sponsor's sole discretion. Sponsor reserves the right to substitute any listed prize for one of equal or greater value for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use. Odds of winning a prize depend on the number of eligible entries received during the Promotion Period. TOTAL OF ALL PRIZES: $50 USD. When used without decimal places, the prize value may be rounded and referred to as $50.00 when in actuality refers to the ARV of $50.
All trademarks and service marks related to the prizes are the property of their respective owners and no sponsorship, endorsement or affiliation is implied by their use in this Contest. FitBit® is not a sponsor of this Contest.
By entering, each participant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor which are binding and final in all matters relating to this Contest; (b) release and hold harmless the Sponsor, and each of their respective parent, subsidiary, and affiliated companies, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the "Released Parties") from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant's entry, creation of an entry or submission of an entry, participation in the Contest, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Released Parties against any and all claims, expenses, and liabilities (including reasonable attorney's fees) arising out of or relating to an entrant's participation in the Contest and/or entrant's acceptance, use or misuse of prize.
Entrant acknowledges and agrees that the materials submitted shall be owned solely by Sponsor. All such submissions and materials (The "Works") shall constitute works made for hire within the meaning of the United States Copyright Act. To the extent any work is deemed not to be a work made for hire, entrant hereby deems to have assigned to Sponsor the copyright in and to such work. Entrant shall execute any and all additional documents proposed by Sponsor to effectuate and confirm Sponsor sole and exclusive ownership of all copyrights in and to all such work, and entrant hereby irrevocably appoints Sponsor as attorney-in-fact to execute any and all such documents if entrant fails to return the same to Sponsor, duly executed, within five days following submission of the particular document by Sponsor to entrant. Consistent with Sponsor ownership of such works, entrant acknowledges and agrees Sponsor can use the Works for all purposes deemed appropriate by Sponsor, such purposes to include, without limitation, to access and view the Works and to reproduce, modify, adapt, display, email and otherwise distribute information, including for commercial purposes such as online, television or commercial advertising without having to pay any compensation for any such use.
Entrant agrees that Sponsor shall have the right, where permitted by law, to use entrant's name, voice, likeness, photograph, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
Sponsor reserves the right to cancel, suspend and/or modify the Contest, 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 Contest, as determined by Sponsor in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
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 Contest; (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 Contest; (4) technical or human error which may occur in the administration of the Contest 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 Contest or receipt or use or misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant's sole remedy is another entry in the Contest.
Consult your doctor before starting any exercise program. The instructions and advice presented in this Contest are not a substitute for medical counseling. Any exercise has some risk of injury. Stop if you feel any discomfort, pain or other symptoms, and seek medical advice. You assume the risk of injury resulting from your use of the fitness and exercise videos contained in this Contest. The creators, producers, participants, and distributors of this Contest make no warranty, express or implied, regarding your individual results.
Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Promotion, or any prizes awarded, other than those concerning the administration of the Promotion or the determination of winners, shall be resolved individually, without resort to any form of class action; (ii) any and all disputes, claims and causes of action arising out of or connected with this Promotion, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate State Court, for the city of Los Angeles (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys' fees; and (iv) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
To obtain a copy of the winners list, send a self-addressed stamped envelope to NX Fitness Weekly Contest, PO Box 241528, Los Angeles, CA 90024. Winner's list requests will only be accepted after the end of the Promotion Period and no later than May 30, 2013. VT residents may omit return postage. These Official Rules will be posted at the Website during the Promotion Period.
These Official Rules may not be reprinted or republished in whole or in part without the prior written consent of Sponsor. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook®. Direct any questions/comments/complaints regarding this Contest to the Sponsor, not Facebook®. Each Entrant will be providing his/her information to the Sponsor and not to Facebook®. Facebook is completely released of liability by each entrant. The information each Entrant provides will only be used for the Contest. Facebook® is a registered trademark of Facebook, Inc. All rights are reserved.