MINDBODY Holiday Challenge
MINDBODY Holiday Challenge
MINDBODY 2019 Holiday Sweepstakes
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. SWEEPSTAKES IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
SWEEPSTAKES IS ONLY OPEN TO LEGAL RESIDENTS OF FORTY-EIGHT (48) OF THE FIFTY (50) UNITED STATES (RESIDENTS OF NEW YORK AND FLORIDA ARE PROHIBITED FROM PARTICIPATION), THE DISTRICT OF COLUMBIA, UNITED STATES TERRITORIES (INCLUDING APO/FPO MILITARY ADDRESSES) AND PUERTO RICO. DO NOT ENTER THIS SWEEPSTAKES IF YOU ARE NOT PHYSICALLY LOCATED IN AND A LEGAL RESIDENT OF, ONE (1) OF THE ELIGIBLE FORTY-EIGHT (48) STATES OF THE UNITED STATES, THE DISTRICT OF COLUMBIA, UNITED STATES TERRITORIES (INCLUDING APO/FPO MILITARY ADDRESSES) OR PUERTO RICO. AN ENTRANT MUST BE EIGHTEEN YEARS (18) OF AGE OR OLDER, OR THE AGE OF MAJORITY IN HIS OR HER JURISDICTION OF RESIDENCE, WHICHEVER IS GREATER, AS OF THE DATE OF HIS OR HER PARTICIPATION AND ENTRY. EACH ENTRANT HEREBY REPRESENTS AND WARRANTS THAT SUCH ENTRANT HAS READ THESE OFFICIAL RULES AND AGREES TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT (SO READ THEM CAREFULLY BEFORE ENTERING). THIS CONTRACT INCLUDES, WITHOUT LIMITATION, GRANTS OF RIGHTS AND INDEMNITIES TO THE SPONSOR FROM ENTRANT AND A LIMITATION OF ENTRANT’S RIGHTS AND REMEDIES. IF ENTRANT IS NOT AT LEAST EIGHTEEN (18) YEARS OF AGE OR OLDER, OR THE AGE OF MAJORITY IN HIS OR HER JURISDICTION OF RESIDENCE, WHICHEVER IS GREATER AND/OR IF ENTRANT DOES NOT AGREE TO THESE OFFICIAL RULES DO NOT ENTER THIS SWEEPSTAKES.
1. Eligibility and Participation:
The MINDBODY 2019 Holiday Sweepstakes (the “Sweepstakes”) is open only to legal residents of the United States (except New York and Florida), the District of Columbia, United States territories (including APO/FPO military addresses) and Puerto Rico (the “eligible geographic area”), who are physically located therein and who are at least eighteen (18) years of age or older, or the age of majority in their jurisdiction of residence, whichever is greater, as of the date of their participation and entry. This Sweepstakes and any web sites, web pages, and advertisements relating thereto are intended for viewing only within the eligible geographic area. Entries received from individuals residing outside the eligible geographic area, or where restricted or prohibited by law or individuals who are not legal residents of an eligible geographic area will be disqualified. Employees of MINDBODY, Inc. (the “Sponsor”), and its respective parents, affiliates, subsidiaries, distributors, sales representatives, and advertising agencies and all other service agencies involved with the Sweepstakes, and members of their immediate family (spouse, parents, siblings and children) and household members (whether related or not) of each such employee are not eligible to participate or win. The Sweepstakes is subject to all applicable federal, state and local laws and regulations. By participating in this Sweepstakes and entering or attempting to enter into the Sweepstakes, Entrant agrees and acknowledges that: a) he or she has read and understands these Official Rules; b) he or she has met these Sweepstakes eligibility requirements; c) he or she unconditionally accepts and agrees to be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters related to the Sweepstakes; d) he or she waives any right to claim ambiguity in this Sweepstakes or these Official Rules; and e) winning and receiving a prize is contingent upon compliance with these Official Rules and fulfilling all requirements.
The Sponsor is MINDBODY, Inc., 4051 Broad Street, Suite 220, San Luis Obispo, CA 93401.
The Sweepstakes begins 12/1/19 at 6:00 a.m. Pacific Time (“PT”) and ends on 12/31/19 at 11:59 p.m. PT (the “Sweepstakes Period”). The Sponsor’s computer clock is the official time-keeping device in this Sweepstakes.
4. How to Enter Sweepstakes:
No Purchase Necessary to Enter. There are two (2) Methods of Entry.In the event that for any reason whatsoever an Entrant’s entry, or any portion thereof, is not captured as a full submission in accordance with these Official Rules, whether through no fault of Entrant or otherwise, including but not limited to as a result of the effects of hackers or the failure of any electronic equipment, or human intervention, computer or cellular transmission, or network connections, any such attempted entry submissions will become null and void and Sponsor shall have no duty to advise Entrant, to allow Entrant to resubmit, or any liability for such failure in any respect; all of which Entrant hereby waives to the fullest extent permitted by applicable law. Specifically without limiting the generality of the foregoing, in addition Sponsor is not responsible for any lost, late, illegal, intercepted, incomplete, misdirected, damaged, destroyed, mutilated, unintelligible or not received entries, or for errors, omissions, interruptions, deletions, defects, delays in operations, in transmissions of entries. If an Entrant does not follow the instructions of an entry method listed below, Entrant’s entry will be viewed as not captured as a full submission, and all entries that are not captured as a full submission for any reason whatsoever will be disqualified from the Sweepstakes. Proof of sending an entry will not be deemed proof as a full submission entry nor will it be deemed proof of receipt by Sponsor. If Entrant is entering via a mobile phone or other web-enabled device and is using his or her wireless carrier’s network, Entrant may incur standard data charges from his or her wireless carrier and/or other charges may apply (such as normal airtime and carrier charges) and may appear on an Entrant’s mobile phone bill or be deducted from an Entrant’s prepaid account balance. An Entrant should contact his or her wireless carrier for more information on rate plans and charges relating to his or her participation in this Sweepstakes.
a. Website Entry Method:
To enter the Sweepstakes using the Website Entry Method during the Sweepstakes Period an Entrant must: i) Download the MINDBODY App and register using a valid email address, ii) Visit the MINDBODY Holiday Challenge site at www.mindbody.io/engage/holiday-challengeand use their MINDBODY App user ID email to join the challenge, iii) Book a specfied number of fitness, wellness or beauty appointments on the MINDBODY App or www.mindbody.io, as set out at www.mindbody.io/engage/contest-rules (or such other URL as specified by MINDBODY). To be counted as a “Booking”, it must be made via Entrant’s MINDBODY App user ID in the MINDBODY App or on mindbody.io, and the appointment or service must be attended or received by entrant. Cancelations and no-shows will not be counted.
BY SUBMITTING AN ENTRY USING MINDBODY’S WEBSITE ENTRY METHOD, ENTRANT ACKNOWLEDGES AND GRANTS SPONSOR THE RIGHT TO POST ENTRANT’S ENTRY ACROSS ANY OR ALL OF SPONSOR’S DIGITAL AND SOCIAL ASSETS, AT SPONSOR’S SOLE DISCRETION.
b. Postcard Entry Method
To enter the Sweepstakes via the Postcard Entry Method during the Sweepstakes Period an Entrant: a) must fill out a 3x5 postcard on which the Entrant has hand-printed the words “MINDBODY 2019 Holiday Sweepstakes”, as well as the Entrant’s name, address, birthdate, telephone number and email address (if the Entrant does not have an email address, print “no email address”); and b) mail the postcard to: MINDBODY 2019 Holiday Sweepstakes Entry, MINDBODY, 4051 Broad Street, San Luis Obispo, CA 93402.No photocopied or mechanically reproduced entries accepted.
5. Entries and Non-Authorized Means of Entry:
An Entrant may submit one (1) entry (website entry or postcard entry) during the Sweepstakes Period. If it is discovered by the Sponsor (using any evidence or other information made available to or otherwise discovered by Sponsor) that any person has attempted to use multiple names or identities, to submit multiple entries, to write a product review for the same product (if required), or uses any automated, macro, script, robotic or other system(s) or program(s) to enter or otherwise participate in or disrupt this Sweepstakes; then he or she may be disqualified from the Sweepstakes in the sole and absolute discretion of the Sponsor. Any entry obtained outside of an authorized, legitimate channel and/or that is not in compliance with these Official Rules will void all such entries and disqualify any Entrant using such methods. The use of automated software or unauthorized computer programs to register for Sponsor’s Sweepstakes is prohibited. Sponsor reserves the right to disqualify any person found or suspected of, tampering with the entry process, or the operation of this Sweepstakes, or interferes with the proper entry of this Sweepstakes, or is acting in violation of these Official Rules, or is acting in a non-sportsmanlike or disruptive manner, or is acting with intent to annoy, abuse, threaten, or harass any other persons will be disqualified. WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER WITH OR VANDALIZE THIS SWEEPSTAKES OR INTERFERE WITH THE OPERATION OF THE SWEEPSTAKES, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision.
6. Entry Screening, Entrant Verification and Entry Restrictions:
Sponsor reserves the right to screen entries and in Sponsor’s sole discretion reserves the right, to disqualify and remove any entry it deems as inappropriate, unacceptable and/or fails to adhere to these Official Rules and/or Sponsor’s applicable Terms and Conditions. Sponsor is not obligated to notify Entrant of the actions to remove or disqualify Entrant’s entry. Entrant agrees if his or her entry is contested in any manner for any reason whatsoever, Sponsor may disqualify that entry and discontinue use without notification and Entrant agrees if Entrant’s entry is contested in any manner for any reason whatsoever not to contest the decision of Sponsor and that such decision shall be final. Entries posted on the Sponsor’s website or any medium selected by Sponsor, solely represent the views and opinions of the Entrants and do not reflect the views and opinions of Sponsor in any manner. Sponsor is acting as a passive conduit for the posting and publication of entries and has no obligation to and expressly disclaims any and all liability in conjunction with screening, monitoring or reviewing the content of an entry. Sponsor makes no claim they will edit entries submitted by Entrants prior to posting them on Sponsor’s website or any selected medium by Sponsor.
All entries and Entrants are subject to verification at any time and for any reason. The Sponsor reserves the right, in their sole and absolute discretion, to require proof of compliance with these Official Rules, including without limitation, proof of identity and/or eligibility, in a form acceptable to Sponsor (including without limitation, government issued photo identification) to participate in this Sweepstakes.
Entrants are not permitted to use another person’s identity or another person’s email account, nor can an Entrant share the same email account to enter the Sweepstakes. If a person is found using another person’s identity or email account he or she will be disqualified and ineligible to claim any prize. In case of a dispute as to the identity of an Entrant via MINDBODY’s Website Entry Method, the entry will be considered to have been made by the authorized account holder of the email account identified with the entry submission, regardless of the individual that submitted the entry. In the event of a dispute regarding entries received from multiple Entrants using or having the same email account, the authorized account holder of the email address at the time of entry submission will be deemed to be the Entrant. Sponsor reserves the right to deem that the entry was submitted by the authorized account holder of the email address. “Authorized Account Holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or any organization that is responsible for assigning email addresses or the domain associated with the submitted email address.
7. Website Entry Submission Requirements and Restrictions:
Entries made via the MINDBODY’s Website Method cannot contain any material that would violate or infringe upon the rights of any third party, including copyrights, trademarks, or rights of privacy or publicity, other than writing about or uploading an image of Sponsor’s product. The entry cannot contain materials embodying the names, likeness, photographs, or other identifying elements of any person other than Entrant’s child or children, without written permission.
Sponsor reserves the right to disqualify and remove any entry deemed as inappropriate, indecent, unacceptable or does not adhere to the Official Rules. Entry cannot contain profanity, inappropriate or explicit language, pornographic, or sexual content, content promoting alcoholic beverage use, illegal drugs, tobacco, firearms, gambling, weapons, or hateful content such as racism, sexism etc., nor can it contain any content that promotes violence or harm to another living creature, or any other offensive, obscene or inappropriate content. Entry cannot violate any applicable laws or promote any unsafe behavior. Entry cannot promote a political agenda regardless of the political affiliation. Entry cannot contain executable programing of any kind, including but not limited to, any viruses, worms, Trojan horses, spyware, malware, time bombs, cancelbots or other malicious components that are designed to harm the functionality of a computer or communication device in any way.
8. General Sweepstakes Information:
9. License to Use Submitted Materials and Sponsor’s Rights to Entries:
By participating and submitting an entry, Entrant agrees that Entrant’s entry submission is gratuitous and is made without restriction, and will not place Sponsor under any obligation that Sponsor is free to disclose the entry on a non-confidential basis to anyone, without any compensation to Entrant. Entrant further grants to Sponsor and its affiliated companies the unconditional and perpetual right and permission to copyright, reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use the entry (with or without Entrant’s name) in any media now known or later developed throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from Entrant or any other party on Entrant’s behalf. In addition by submitting an entry, Entrant, forever waives any rights of copyrights, trademark rights, patent rights, privacy rights, and any other legal or moral rights in the entry that may preclude Sponsor or its affiliated companies use of the entry, or require Entrant’s permission for the Sponsor or its affiliated companies to use the entry. Entrant acknowledges that Sponsor is in no way obligated to broadcast, post, publish, or use Entrant’s entry in any way. Entries become the sole property of the Sponsor and may not be acknowledged or returned. Entrants and prize winners acknowledge and agree their entries become the property of the Sponsor, which thereby has the right to promote and otherwise use the entries in any way Sponsor sees fit as permitted by law.
10. Odds of Winning:
Odds of Winning will depend upon the number of eligible entries received.
Sponsor will conduct three (3) random drawings following the Sweepstakes Period. Sponsor will calculate the number of Bookings made by Website Entry Method entrants during the Sweepstakes Period. all entrants that have 10 or more Bookings will be entered into the Tier 1 group drawing, all entrants that have 15 or more Bookings will be entered into the Tier 2 group drawing, and all entrants that have 20 or more Bookings will be entered into the Tier 3 group drawing. Each Postcard Entry Method will be entered into all three (3) of the tier group drawings[KC1] [JB2] [JM3] , Twenty-five (25) potential prize winners will be selected in the Tier 1[KC4] drawing, ten (10) potential prize winners will be selected in the Tier 2 drawing, and one (1) potential prize winner will be selected in the Tier 3 drawing. In the event an Entrant wins a prize, and is later found to be in violation of these Official Rules, Entrant will be required to forfeit the prize or, if the violation is discovered after the prize winner has used or redeemed the prize, to reimburse Sponsor for the stated prize value listed in these Official Rules. All winners will be required to complete a W-9 form as a condition of receiving their prize. Those winners who fail to complete the W-9 form will forfeit their prize.Limit of one prize per person per Sweepstakes Period.
Drawing Date: On or about January 10, 2020.
12. Prize Description:
Prize winners will be selected at the end of the Sweepstakes Period and will receive the following:
One (1) Tier 3 Winner will receive a one year subscription to SCRIBD[KC5] [JB6] , one pair of Jaybird Vista headphones, a 6 month subscription to Kyoku, a container of Vega One French Vanilla flavor, a Hyperice Hypervolt, Jasper Organics Relax 1000mg CBD Oil, a $50 Spiritual Gangster gift card, one Lather Winter Wellness Kit, one Topo Designs Explorer Travel Bag Kit, one LARQ Self-Cleaning Water Bottle (25oz), a G Adventures 9 day Bali excursion for one, and a Sacred Yoga Pro Yoga Mat, with a total approximate retail value of $3,580.
Ten (10) Tier 2 Winners will receive a three month subscription to SCRIBD, one pair of Jaybird Tarah Pro headphones, a 3 month subscription to Kyoku, a container of Vega One French Vanilla flavor, a Hyperice Hypersphere Mini, a Jasper Organics Restful CBD Oil, a $50 Spiritual Gangster gift card, one free week of SunBasket, one Topo Designs Mountain Duffel, and a LARQ Self-Cleaning Water Bottle (17oz), with a total approximate retail value of $1,020.
Twenty-Five (25) Tier 1 Winners will receive a two month subscription to SCRIBD, one pair of Jaybird x4 headphones, 1 month subscription to Kyoku, a container of Vega One French Vanilla flavor, one Topo Designs Classic Duffel, and a Drybar Party of Four Hairstyling Product Set, with a total approximate retail value of $460.
The total prize value of all prizes being awarded during the Sweepstakes Period is approximately $26,000.
Prize winners must accept the prize being awarded or prize may be forfeited and may be awarded to alternate prize winner.Certain restrictions and terms and conditions may apply to prizes. Prizes are non-transferable in whole or in part except at the discretion of the Sponsor. No substitution or cash redemption except at the discretion of Sponsor, in which case a prize of equal or greater value will be awarded. Sponsor reserves the right, to substitute a prize (or component thereof) of equal or greater value for any reason whatsoever. Travel and lodging are not included in the prize. Prize winners shall bear all risk of loss or damage to prize upon being awarded and Sponsor does not have any obligation or responsibility to replace prize if lost, damaged or stolen. Sponsor is not responsible for any fees, costs, or additional charges that may result from an Entrant and/or prize winner participating in the Sweepstakes or being awarded and receiving and using a prize. The Sponsor shall not assume any liability for a lost, damaged or misdirected prize. An unclaimed prize will not be awarded.
13. Potential Prize Winner Notification:
Prize winners will be considered to be potential prize winners until Sponsor confirms his or her prize winner status. Entrant acknowledges and grants Sponsor the ability in its sole discretion to announce the names or any identifying information of an Entrant/potential prize winner on its Website, or in any other form of public communication. Sponsor will email or call a potential prize winner following the drawing. Once the potential prize winner accepts the prize, Sponsor will provide instructions on how to claim the prize. In Sponsor’s sole discretion, a selected entry of the potential prize winner will be disqualified from the Sweepstakes if a potential prize winner: a) is unreachable or unresponsive to notification or attempted notification within 24 hours of Sponsor’s initial outreach; or b) declines or cannot accept, receive or use the prize or any component of the prize for any reason; or c) does not meet eligibility requirements; or d) has failed to comply with these Official Rules. If the potential prize winner is disqualified from the Sweepstakes for any reason whatsoever, he or she will be required to forfeit the prize without compensation of any kind. Sponsor reserves the right to modify the notification process.
14. Requirements of Potential Prize winners to become Prize Winners:
Potential prize winners must: a) continue to comply with the Official Rules; and winning is contingent upon abiding and accepting the Official Rules and fulfilling all of Sponsor’s instructions; and b) complete and submit an Affidavit of Eligibility/Liability Release (the “Affidavit”) to Sponsor (if applicable). If Sponsor declares a potential prize winner as a prize winner without requiring an Affidavit, by Entrant’s participation in the Sweepstakes, Entrant confirms he or she has met the eligibility requirements, adhered to the Official Rules and accepts and will be bound to the Official Rules. A prize winner must have a physical address and will be required to provide Sponsor with his or her full name and complete address by the date specified by Sponsor. In the event a prize winner fails to provide Sponsor with his or her name or address by the date specified, he or she will be disqualified from the Sweepstakes and ineligible to claim a prize or receive any type of compensation. Prize winner agrees to permit Sponsor to use prize winner’s name, likeness, or biographical information for promotional and administrative purposes without additional notice or compensation, in any and all media and prize winner acknowledges and agrees to release Sponsor and the released parties as described below.
15. Prize Winner Release of Publicity Rights:
By accepting a prize, prize winner agrees to allow Sponsor and/or a representative acting on Sponsor’s behalf the perpetual right to use prize winner’s biographical information, email address, photos, videos and/or likeness, and statement for Sweepstakes, trade, commercial, advertising and publicity purposes, at any time or times, by any and all means, devices, processes and technology, and in all language and in all media, now known or hereafter invented, contemplated or devised, including, without limitation, the internet, television, film, video cassettes, video discs and other audio-video devices, and radio broadcast and print publications for advertising, promotional, regulatory compliance and/or other purposes related to Sweepstakes without notice to prize winner, without credit and without compensation or obligation except where prohibited by law.
16. Compliance to Official Rules:
BY SUBMITTING AN ENTRY, ENTRANT AGREES THAT SUCH ENTRY COMPLIES WITH ALL THE TERMS AND CONDITIONS STATED IN THESE OFFICIAL RULES. THE RELEASED PARTIES (DEFINED BELOW) WILL BEAR NO LEGAL LIABILIITY REGARDING THE USE OF ANY ENTRY ENTRANT SUBMITS. THE RELEASED PARTIES SHALL BE HELD HARMLESS BY ENTRANT IN THE EVENT IT IS SUBSEQUENTLY DISCOVERED ENTRANT HAS DEPARTED FROM OR NOT FULLY COMPLIED WITH ANY OF THESE OFFICIAL RULES. By submission of an entry, Entrant warrants and represents: (i) the entry is Entrant’s sole property; (ii) Entrant has full authority to submit the entry; and (iii) the entry does not infringe on any trademark, copyright, privacy, or other rights of any other party.
17. Release and Limitations of Liability:
BY PARTICIPATING IN THIS SWEEPSTAKES ENTRANTS, PRIZE WINNERS, AGREE TO RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS SPONSOR, AND THEIR PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, PARTNERS, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNS, EMPLOYEES, OFFICERS AND DIRECTORS (COLLECTIVELY, THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY FOR ANY INJURIES (INCLUDING EMOTIONAL DISTRESS), FROM ANY AND ALL CAUSE OF ACTION, LIABILITIES, SUITS, CLAIMS INCLUDING BUT NOT LIMITED TO, THIRD PARTY CLAIMS THAT MAY BE MADE AGAINST ENTRANTS, AND CLAIMS ARISING OUT OF OR RELATING TO ACCEPTANCE, RECEIPT, POSSESSION OR USE/MISUSE OF ANY PRIZE, OR ANY PUBLICITY OR OTHER PUBLIC EXPOSURE OF ENTRANT, INCLUDING WITHOUT LIMITATION, CLAIMS CONCERNING INFRINGEMENT OR INVASION OF ENTRANT’S PRIVACY OR PUBLICITY RIGHTS, OR DEFAMATION, OR ACTS UNDERTAKEN IN PREPARATION FOR, OR PARTICIPATION IN, THE SWEEPSTAKES, AND LOSSES AND/OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING DEATH, OR PROPERTY ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ANY PRIZE OR RESULTING FROM AWARDING, ACCEPTANCE, NOTIFICATION, POSSESSION, USE, MISUSE, LOSS OR MISDIRECTION OF ANY PRIZE OR RESULTING FROM PARTICIPATING OR INABILITY TO PARTICIPATE IN THIS SWEEPSTAKES PROMOTION OR ANY SWEEPSTAKES PROMOTION OR PRIZE RELATED ACTIVITIES. ENTRANT ASSUMES LIABILITY FOR INJURIES CAUSED OR CLAIMED TO BE CAUSED BY PARTICIPATING IN THE SWEEPSTAKES, OR BY THE ACCEPTANCE, POSSESSION, USE OF, OR FAILURE TO RECEIVE ANY PRIZE.The Released Parties shall not have any obligation, responsibility or liability, including but not limited to any responsibility to provide compensation or award any prize to Entrants, with regard to: (1) Entries that are forged, falsified or altered or contain inaccurate information or do not comply with or violate these Official Rules; (2) Entries and/or notifications that are lost, late, incomplete, illegible, unintelligible, unrecorded, damaged, garbled, or misdirected, for errors, omissions, interruptions, deletions, defects or delays in operations or transmission of information, in each case whether arising by way of technical or other failures or malfunctions of computer hardware, software, communication devices or transmission lines or data corruption, theft, destruction, unauthorized access to, or alteration of, entry materials, loss or otherwise; (3) Electronic communications which are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in an Entrant’s e-mail account to receive e-mail messages; failures or malfunctions of phones, phone lines or telephone or data transmission systems; interrupted or unavailable network, server or other connections; any error omission, interruption, defect or delay in any transmission or communication; traffic congestion on the Internet or any technical problem; (4) Any technical or human errors resulting in errors of printing of Sweepstakes offer, administration of Sweepstakes, potential prize winner Sweepstakes notification, announcement of Sweepstakes prize winners and/or prizes, or any errors of any kind that may result in the selection and notification of a prize winner; (5) Entrants who have committed fraud or deception in entering or participating in the Sweepstakes or claiming a prize; (6) Any inability of a prize winner to accept the prize in whole or in part for any reason whatsoever; (7) If a prize cannot be awarded to a prize winner due to delays or interruptions due to Acts of God, natural disasters, threats of or actual terrorism, weather, war, fire, labor dispute or strike, civil disturbance, riot, transportation interruption or any similar event or cause beyond the Released Parties reasonable control; (8) Human error, unauthorized human intervention, inaccurate or non-capture or mis-entry of any information and/or of an entry; and (9) Any Entrant, prize winner or any other person for damage to such person’s computer or its contents or mobile device. Entrant, prize winner acknowledge that he or she will release and hold harmless Released Parties from any liabilities, and for but not limited to any claims or causes of action based on publicity rights, defamation or invasion of privacy and the condition and features of a prize. Sponsor reserves the right to correct any errors pertaining to this Sweepstakes for any reason whatsoever. If for any reason whatsoever the Sweepstakes (in whole or in part) is not capable of running as planned due to but not limited to, computer virus, worm, bug, tampering, hacking, unauthorized intervention, fraud, technical difficulties or failures or any other causes which in the sole opinion of Sponsor, could corrupt or affect the administration, security, integrity, fairness, or proper conduct of this Sweepstakes, the discretion of only the Sponsor, reserves the right to cancel, modify, suspend or terminate the Sweepstakes and determine prize winners from entries already received or as otherwise deemed fair and equitable by Sponsor.
Except where prohibited, by participating, Entrant, prize winners agree that all issues and questions concerning the construction, validity, interpretation, administration, and enforceability of the Official Rules, or the rights and obligations of an Entrant, prize winner and Sponsor shall be governed by and construed exclusively in accordance with the laws of the state of California without giving effect to any principles of conflicts of law of any jurisdiction and that: (1) any and all disputes, claims, and causes of actions arising out of, or connected with the Sweepstakes, shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating, but in no event attorney’s fees; (3) under no circumstances will any Entrant, prize winner be permitted to obtain awards for and 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. By entering the Sweepstakes, all participants agree to be subject to jurisdiction in the Federal and State court of California and agree that all disputes relating in any way to this Sweepstakes must be resolved in the courts of California. Entrants and prize winners agree not to raise the defense of forum non conveniens.
19. Tax Information:
The value of a prize may be taxable as income to a prize winner. Prize winners are solely responsible, at their own costs, for all matters relating to the prize, including but not limited to, all federal, state and local taxes. It is the sole responsibility of the prize winner to seek independent counsel regarding tax implications.
20. Privacy Statement:
21. Winners List:
To obtain the prize winner list, send a self-addressed, stamped envelope to: 4051 Broad Street, Suite 220, San Luis Obispo, CA 93401; Attn: MINDBODY Holiday Challenge Sweepstakes Winners List.