Rules

REP Fitness - 2024 12 DAYS OF LIFTMAS Sweepstakes Rules

OFFICIAL RULES

The REP Fitness Liftmas Sweepstakes (the “Promotion”) is sponsored by Rep Fitness LLC (the “Sponsor”).  By entering the Promotion, you agree to be bound by these official rules (the “Rules”), Sponsor’s Privacy Policy, and the decisions of the Sponsor, which are final and binding. Please carefully read these Rules (also available at https://repfitness.com/pages/2004-liftmas-rules-and-regulations). If you do not agree to the Rules, you should not participate in the Promotion or any element thereof.  Entering the Promotion will constitute your acceptance of these Rules.  The Promotion and any element thereof are offered at Sponsor’s sole and absolute discretion, without obligation; may at any time be terminated, canceled, modified, or extended in whole or in part as applicable by Sponsor in its sole discretion; and/or any time period referenced may be extended, shortened, or modified by Sponsor in its sole discretion.  Any modification will be applied prospectively from the time announced, and not retroactively.

NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. INTERNET ACCESS IS REQUIRED TO ENTER.  You have not yet won.  Void where prohibited or restricted by law.

ARBITRATION NOTICE: BY ENTERING, YOU AGREE THAT DISPUTES BETWEEN YOU AND THE SPONSOR, OR ANY ENTITY ASSISTING THE SPONSOR WITH FACILITATION OF THE PROMOTION, ARISING OUT OF OR RELATING TO THE PROMOTION AND ANY ELEMENT THEREOF WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A JURY TRIAL, CLASS ACTION LAWSUIT, OR CLASS-WIDE ARBITRATION.  See Disputes/Arbitration provision.

ELIGIBILITY: The Promotion is offered in the contiguous 48 United States and the District of Columbia (the “U.S.”) to legal U.S. residents 18 or older at time of entry (eligible “Entrant(s)”). Employees, officers, and directors (collectively “Personnel”) of REP Fitness LLC, its parent, subsidiary, and affiliated companies, promotion partners (including third party providers of prizes for this promotion), advertising and promotion agencies, and any other individuals or entities, including contest management and facilitation service providers (including, but not limited to, AppHub LLC dba ViralSweep.com), and anyone engaged directly or indirectly in the development of, the production of, the distribution or review of materials for, or the administration, execution, or implementation of the Promotion, or any part thereof (collectively the “Promotion Entities”) and persons in the immediate family (spouse, parent, child, sibling, partners and their respective spouses, foster, and step-relations) of Personnel of Promotion Entities regardless of where they reside, or those living in their same household (whether or not related), are not eligible to enter or win a prize.  Personnel of distributors and retailers of Sponsor are also ineligible to enter or win.

PROMOTION PERIOD:  The applicable time zone is Mountain Time (MT).  The Promotion begins about 12:00 am MT on or about 13 December 2024 and ends 11:59 pm MT on 24 December 2024 (the “Promotion Period”).  ENTRANTS ARE SOLELY RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN THEIR RESPECTIVE JURISDICTIONS AND SPONSOR DISCLAIMS ALL LIABILITY AND RESPONSIBILITY RELATING THERETO.  Sponsor’s website host server clock is the official time-keeping device for the Promotion.

HOW TO ENTER:  During the Promotion Period, Entrants may go to www.repfitness.com/ pages/2024-liftmas (the “Website”) to enter by actuating a link on the Website corresponding to the current day of the Promotion, inputting the required contact information, including a valid e-mail address; agreeing to these Rules; and confirming the submission (together, the “Entry”).  The Promotion may also be advertised via one or more of Sponsor’s social media channels, e.g., Facebook, Instagram, TikTok, etc. (a “Social Media Platform”).  Depending upon the day, Entries will additionally be accepted by either interaction with social media posts by the Sponsor on a Social Media Platform, by following a link on a social media post by the Sponsor on a Social Media Platform to an entry portal on the ViralSweep.com platform, or through the Website as described above.  Entries received via the official Website entry portal and the ViralSweep.com platform are time-stamped at the time the entry page is loaded.  Bonus entries may be available on certain days of the Promotion if the Entrant agrees to receive marketing information from one or more Promotion Entities.  Bonus entry opportunities will be presented after Entrant completes an initial Entry.

CONDITIONS OF ENTRY: Entries may only be submitted by a single registered account user; group or commercial submissions are not permissible.  Entrants, if from different households, are not permitted to share the same device, account, IP address, or email address.  Sponsor has the right to verify Entries and/or Entrants’ eligibility and compliance with these Official Rules and, on the basis of the investigation, to disqualify any Entry/Entrant at any time during or after the Promotion Period.  Without limiting the foregoing, Sponsor shall have the right at any time, where necessary, to undertake all action including, but not limited to, voiding/cancelling the Promotion, subject a winner to disqualification, prize forfeiture, and/or immediate prize return (from a previously confirmed winner, if applicable), and/or require further information as is reasonable to protect Sponsor or any one of the Promotion Entities against fraudulent or invalid claims, potential public scandal, ridicule, or disrepute in awarding the prize to any Entrant otherwise selected as a potential winner.  Incomplete, invalid, illegal, unsuitable, or otherwise non-compliant Entries (as determined in Sponsor’s sole and absolute discretion) will not be eligible.  If, upon review, Sponsor (or its authorized representative) is unable to determine that an Entrant/Entry is compliant, or reasonably suspects that he/she/it is not compliant in whole or in part, the Entry as a whole (and Entrant) may be disqualified.  Proof that you uploaded an Entry does not constitute proof or evidence that it was received within the Promotion Period or eligible for this Promotion.

Entrants may not undertake any of the following: enter through an on-line sweepstakes/contest club (paid or unpaid, or similar method); use or benefit in any way from false or multiple identities, devices, or accounts; use computer systems or other unauthorized devices or algorithms generating artificial intelligence (including, but not limited to, deepfakes) or repetitive, automatic, or programmed scripts (e.g., bots) to create multiple Entries; introduce computer viruses or malware into Sponsor’s or other Promotion Entities’ computer systems; use Entry/participation methods or agents with multiple or false identities, accounts, devices, e-mail addresses, and/or street addresses; or use any other device or artifice that constitutes cheating, plagiarism, or fraud to enter or participate in the Promotion.  Any Entrant who is suspected of unauthorized Entry/participation methods or means, or engaging in or benefitting, directly or indirectly, from artifice of any kind, as may be suspected by Sponsor in its sole and absolute discretion, will void all such Entries, and disqualify any Entrant suspected of using/benefitting from such methods.  In the event of a dispute as to the identity of an online Entrant, the authorized account holder of the account address used in connection with the Entry will be deemed to be the Entrant.  A potential winner may be required to show proof of being the authorized account holder, or otherwise eligible.

Promotion Entities assume no responsibility for any of the following: lost, late, delayed, incomplete, inaccurate, stolen, misdirected (including into spam/junk folders), ineligible, or illegible Entries or other Promotion related communications (in whole or in part); Website, Social Media Platform, computer/server, telephone, network, electronic, digital, wireless, or Internet hardware or software malfunctions, failures, connection problems, or unavailability; garbled, corrupt, or jumbled transmissions; browser incompatibility; service provider, Internet, Website, or user network inaccessibility or unavailability, congestion, or technical errors; unauthorized human intervention; human errors including, without limitation, any communication errors in any media; or the delayed, incorrect, or inaccurate capture of Entry or other information in whole or in part, or failure to capture any such information.  In the event of any error(s) or omission(s) in any media, information, or communications, these Rules will govern. References to any third party (i.e., unrelated to a Promotion Entity) trademarks (either word marks of logos) in connection with this Promotion and/or prizes presented to a winner are trademarks of their respective third-party owner, which are not associated with this Promotion.

This Promotion is in no way sponsored, endorsed or administered by any Social Media Platform.  If an Entry in whole or in part, for any reason whatsoever, is considered by Sponsor in its discretion to be unpleasant, distasteful, nasty, or otherwise inappropriate for the Sponsor community on a Social Media Platform, or if Sponsor considers for any reason an Entry, or any element thereof, not to be in the spirit of the Promotion, or that it will have a detrimental impact on Sponsor, this Promotion, any of Sponsor’s brands, products or services, or the Entry does not appear compliant with these Rules, then Sponsor reserves the right to disqualify such Entry/Entrant at any time from this Promotion.

YOUR USE OF A MOBILE DEVICE: Normal internet access and device usage charges imposed by your mobile plan and/or on-line service may apply to Entry via mobile device. For those Entrants entering with a mobile device: Promotion may not be available via all mobile carriers; messaging and data rates apply to text or internet access via mobile devices; other charges may apply; check your mobile plan for rates/details; and consent is not a condition of any purchase. 

PRIZES/APPROXIMATE RETAIL VALUES (“ARV”): All prize awards are subject to verification of eligibility of Entrant chosen as a potential winner and compliance with these Official Rules.  The items listed in the table below shall be awarded during this Promotion (each individually a “Prize” and together the “Prizes.”) 

Trademarks owned by Promotion Entities are used by permission.

Each Prize, or elements thereof, are subject to change and will be determined by Sponsor in its absolute discretion, but will have an approximate retail value as indicated in the table above.  Delivery to winner’s legal U.S. residence will be at Sponsor’s cost.

LIMITATIONS: Limit one (1) Entry per person per day during the twelve (12) day Promotion Period.  However, bonus Entries may be offered to and accepted by Entrants as described above.  With the exception of the Grand Prize, Entries received on a particular day are only valid for the Prize indicated above for that particular day and will be discarded and not valid as an Entry for another Prize on another day.  An Entrant must enter each day to be eligible for selection of a Prize given on that day.  Entries for the Grand Prize will be accepted on each of the twelve (12) days of the Promotion and selected upon conclusion of the Promotion Period.  Limit one (1) Entry per person during the Promotion Period for the Grand Prize.  However, bonus Entries for the Grand Prize may be offered to and accepted by Entrants as described above.

SELECTION OF WINNERS & ODDS OF WINNING: Winning Entrants of Prizes listed for days 2-12 of the Promotion in the Prize table above will be selected randomly from the Entries received on each day of the Promotion, respectively.  Odds of winning the Prizes offered on days 2-12 will thus depend upon the total number of entries received on each day.  A winning Entrant of a Prize on a particular day is ineligible to win additional daily Prizes during the Promotion Period; however, winners of daily Prizes will still be eligible to win the Grand Prize if such winning Entrants have also submitted an Entry for the Grand Prize.  Entries for the Grand Prize can be submitted on any day during the Promotion Period.  The winning Entry for the Grand Prize will be selected randomly from the total Entries for the Grand Prize received within the Promotion Period.  Odds of winning the Grand Prize will depend upon the total number of Entries submitted for the Grand Prize over the entire Promotion Period.

WINNER NOTIFICATION/CONDITIONS OF PRIZE AWARD: It is anticipated that a selected winning Entrant will be contacted by e-mail and/or telephone within fifteen (15) days of the conclusion of the Promotion Period and asked to respond within one (1) calendar week for verification and prize fulfillment purposes.  A winning Entrant will be required to complete, sign, have witnessed, and return a Declaration of Eligibility, Liability and Publicity Release (the “Release Document”) within the time stated by Sponsor or else the prize will be forfeited and an alternate winning Entry may be selected as provided herein.  A winning Entrant of a Prize valued at $600 or greater must also complete and return an IRS form W9 to Sponsor for required reporting of taxable income as a condition of receiving such Prize.  A winning Entrant must live in a U.S. (as defined herein) residence capable of safely accommodating the prize in its entirety (as determined by Sponsor in its sole discretion), which may consist of large or heavy pieces of strength-training gym and fitness equipment, or else a prize will be forfeited in its entirety and awarded to an alternate potential winner based on next highest score.

If an Entrant of a chosen winning Entry fails to respond within the time specified, declines the Prize, or cannot be reached within two (2) separate attempts using the contact method provided in their Entry as selected by Sponsor (in Sponsor’s discretion), the prize may be forfeited and an alternate Entry will be selected as the winning Entry.  This process will be repeated until the Prize is accepted by a selected winning Entrant.  Prizes or prize notifications that are unclaimed, returned, unresponsive, untimely, misdirected (including into spam/junk folders), ignored, or undeliverable will be forfeited and will not be awarded to a winning Entrant so notified.

Selected winning Entrants are ineligible to win additional prizes from Sponsor in other promotional events within 120 days of the date of winning a Prize in this Promotion.

Limitations.  ANY COSTS, FEES, AND EXPENSES NOT SPECIFICALLY STATED AS INCLUDED IN THE PRIZE, INCLUDING FOR ANY INSTALLATION, PREPARATION OF THE SPACE, AND FURNITURE OR FIXTURE REMOVAL OR MOVING EXPENSES, ARE THE SOLE RESPONSIBILITY, COST, AND EXPENSE OF WINNER AND WILL NOT BE ARRANGED OR PAID BY SPONSOR OR PROMOTION ENTITIES.  Sponsor will not provide any additional monies for taxes or any other purposes.  Winner is solely responsible for payment of all Federal, state and local taxes (and any other costs, fees and expenses) and tax reporting requirements on the total value of a Prize and is advised to seek independent tax advice and counsel regarding prize tax implications.  Winner will not be discharged from their required tax payment in full and reporting obligations and the like, which are the sole responsibility of such winner.  Sponsor makes no representations, warranties, or guarantees that any Prize will be suitable for winner and/or winner’s residence.  A Prize must be accepted as a whole or will be forfeited in its entirety.  Delivery must be arranged through Sponsor or Promotion Entity offering the Prize and booked on or before the time specified by Sponsor or Promotion Entity or else will be forfeited.  Winner acknowledges and agrees that neither Sponsor nor Promotion Entities nor their authorized representatives are providers/carriers of insurance.

Any unclaimed and/or unused element of a Prize, or any element thereof, will remain the property of Sponsor or Promotion Entity offering the Prize.  The restrictions/conditions stated herein are not all-inclusive and the described above may be subject to additional restrictions/conditions, which may be stated in the Release Documents.  Failure to timely provide required documents will cause a Prize to be forfeited and awarded to an alternate Entry.  Each Prize will be awarded to an individual and not to a company or employer.  Any gift certificate, gift card, coupon, or similar item received as part of a Prize is for promotional purposes only and will not be replaced if lost, misplaced, damaged, destroyed, or stolen and is subject to the terms and conditions of issuer.  A Prize cannot be assigned, transferred, redeemed for cash, or substituted, except by Sponsor who may, at its sole discretion, substitute the Prize, or any item therein with a substitute item or items of equal or greater value.  A Prize, and any element thereof, including any Sponsor products received as part of a Prize, may not be sold, resold, auctioned, bartered, or placed into any other unauthorized channels of distribution.  Any products or items pictured in advertising, any website, or materials associated with the Promotion are for illustrative purposes only and may not be the actual Prize awarded.  Winner is solely responsible for use/misuse of a Prize and any element thereof.  A Prize will be awarded provided sufficient eligible Entries are received.  Only the number and description of Prizes stated herein is available to be won.  All applicable local, state, and federal taxes, and reporting obligations (if any), and all expenses not specifically stated herein, are solely the responsibility of winner.

WITH THE EXCEPTION OF ANY VALID MANUFACTURER WARRANTIES, PRIZE(S) AND ANY AND ALL ELEMENTS THEREOF, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES.

GENERAL:  If, for any reason, the Promotion, or any element thereof is not capable of running as planned or by reason of causes which Sponsor deems, in its sole opinion, could corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Promotion or any part thereof, Sponsor reserves the right in its discretion to cancel, terminate, modify, or suspend the Promotion, or any element thereof and select the winner from eligible non-suspect Entries received before the event or as otherwise may be deemed fair by Sponsor, in its absolute discretion. Persons suspected of tampering with or abusing any aspect of this Promotion, the Website, or any website or Social Media Platform, as solely determined by the Sponsor, will be disqualified.  ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, PROMOTION ENTITIES RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.  Promotion Entities are not responsible for injury or damage to Entrant’s or to any other person's computer or device related to or resulting from participating in the Promotion or downloading materials from the Website or use of any Social Media Platform. 

LICENSE & PUBLICITY GRANTS:  By participating in the Promotion or accepting a Prize, winning Entrants grant to Sponsor (and its authorized representatives) the right to use Entrant’s name, information, likeness, image, voice, and statements (provided true) related to this Promotion and a winning Entrant’s receipt of a Prize in any and all media now known or hereinafter developed, any of which, in whole or in part, may be in altered, combined, composite, or condensed format, on any publication, distribution, or broadcast platform or medium including, but not limited to, the Sponsor’s Website, networks, e-mail communications, digital and off-line social media, and all marketing and advertising properties in support of the marketing, business, commercial, and any other purpose of the Sponsor without notice, review, naming, attribution, or approval and without additional compensation except where prohibited by law. 

PRIVACY: Please refer to Sponsor’s Privacy Policy at www.repfitness.com/pages/terms-conditions-privacy (incorporated herein by reference) for further information about how your information is collected, used and disclosed.  By entering this Promotion, without limiting any other provision herein, each Entrant expressly consents to the Sponsor, and its affiliates, Promotion Entities, and their authorized representatives collecting, storing, sharing, and using the personal information submitted with Entry and the Entry for the purpose of administering the Promotion, and fulfillment (if applicable), and in accordance with the aforementioned Privacy Policy and these Rules. 

LIMITATIONS OF LIABILITY & RELEASE: Entrants and winner agree, to the fullest extent permitted by applicable law, to release, indemnify, defend, and hold harmless (“release”) Sponsor, other Promotion Entities, their parents, affiliates, subsidiaries and divisions, and their respective entities, and each of their officers, employees, members, managers, shareholders, successors, assigns, contractors, agents, and representatives, and any Social Media Platform used to facilitate advertising of the Promotion (the “Released Parties”) from and against any and all threatened or actual claims, debts, demands, actions, causes of action, suits, proceedings, judgments, settlements (whether or not litagation is commenced), obligations, damages (including without limitation wrongful death, bodily or personal injury and disability), losses, accounts, reckonings, executions, liabilities, costs and expenses (including reasonable attorney’s fees), property damage, and any other losses, penalties, or fines whatsoever of any kind or nature, whether at law or in equity, known or unknown, asserted or un-asserted, that Entrant or winner ever had, now have, or that may arise in the future (“Disputes”) asserted in, arising out of or based upon participation in the Promotion, the Entry, or use of the Entry (in whole or in part), participation in any aspect of the Promotion and/or prize-related activity, or inability to participate therein (or parts thereof), the delivery, acceptance, use, or mis-use of a Prize or any failure with respect thereto, including but not limited to personal injuries, death, damage to or destruction of property, invasion of the rights of publicity or privacy, defamation or portrayal in a false light (whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty, or other theory, any act, default, omission, non-compliance, and/or a violation or breach of any agreement, representation, warranty, or covenant made herein, or any other agreements by/with Entrant, the Promotion Entities, and/or any other party or entity.  Further, to the maximum extent permitted by applicable law, and without limiting the foregoing, Entrants and winner covenant not to sue any Released Party or cause them to be sued regarding any matter released herein, and further covenant not to disaffirm, limit, or rescind these releases.  A waiver by one or more of the Promotion Entities of any term in these Rules does not constitute a waiver of any other provision.  Any provision determined to be invalid shall be stricken to the extent of its invalidity and the remainder of these Rules shall remain in full force and effect.

IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING DIRECTLY OR INDIRECTLY OUT OF THIS PROMOTION.  Without limiting the foregoing, this Promotion is provided "AS IS” without warranty of any kind, either express or implied, including but not limited to, the implied warranties or conditions of merchantability, fitness for a particular purpose, and non-infringement.

FORCE MAJEURE: Promotion Entities shall not be liable to any Entrant, winner, or any other person or entity for failure to execute the Promotion or any part thereof, or supply a prize in whole or in part, by reason of any act of God, any action(s), regulation(s) order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, slow down or stoppage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, cancellation or interruption, epidemic or pandemic, any cancellation, modification or delay, or any similar or dissimilar event beyond their reasonable control.

DISPUTES/ARBITRATION: THIS PROMOTION AND ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION, AND ENFORCEABILITY OF THESE OFFICIAL RULES, OR THE RIGHTS AND OBLIGATIONS OF ENTRANT, SPONSOR, OR ANY OTHER PROMOTION ENTITY IN CONNECTION WITH THE PROMOTION SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE UNITED STATES AND THE STATE OF COLORADO WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES.  As a condition of participating in this Promotion, to the fullest extent permitted by law, Entrant agrees that any and all disputes that cannot be resolved between Entrant and Sponsor or any Promotion Entity for causes of action arising out of or connected with this Promotion shall be resolved individually, without resort to any form of class action or a jury trial, exclusively before a neutral, one-person, binding arbitration located in or near Westminster, Colorado, which shall have jurisdiction thereof.  Under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim any, punitive, incidental, consequential, and any other damages (other than for actual out-of-pocket expenses), and any and all rights to have damages multiplied or otherwise increased.

WINNERS LIST: For names of prize winners over $25, email your winner list request to Sponsor for receipt on or before 15 January 2025 at: info@repfitness.com.

SPONSOR: Rep Fitness LLC, 11059 Dover Street, Suite 2000, Westminster, CO 80021.

These Rules may be found online at: https://repfitness.com/pages/2024-liftmas-rules-and-regulations.