OFFICIAL RULES
Please read these Official Rules carefully. By submitting a video and other materials and participating in these Sweepstakes, you agree to these Official Rules.
1. ELIGIBILITY: No purchase or payment of any kind is necessary to enter or win. A purchase will not increase your chances of winning. Void where prohibited. The Sweepstakes is open to legal residents of the 50 United States and the District of Columbia, 21 years of age or older. Employees, officers and directors (and their immediate families (e.g. spouse, children, parents, siblings) and those living in their same households (whether or not related)) of MyFitnessPal, Inc. (“Sponsor”), are not eligible to enter. To participate, you must have an active MyFitnessPal account as of date of video and material submission Eligible participants of the Sweepstakes are referred to as “Participant(s)” or “you”. By participating, you agree to these Official Rules and to the decisions of the Sponsor whose decisions are final and binding in all respects.
2. PROMOTIONAL PERIOD: These sweepstakes (the “Sweepstakes”) begin on October 27, 2023 at 9:00a.m. Pacific Time (“PT”), and end on November 12, 2023 at 11:59p.m. PT (the “Entry Period”). Entries must be received and recorded by the Sponsor during the Entry Period. Sponsor’s clock will be the official timekeeping device for the Sweepstakes.
3. HOW TO ENTER: Participants shall receive one automatic entry after they successfully submit a video testimonial to https://forms.gle/3zWY5wCZWx1oyzps5. Or, to enter without submitting a video testimonial, you may email community@myfitnesspal.com with your full contact name and email address to participate in the Sweepstakes. Limit one entry of any kind per person. You may enter by submitting a video testimonial as provided above or by email but not both ways. Sponsor reserves the right to verify all entries. Sponsor reserves, in its sole discretion, the right to disqualify from the Sweepstakes any prospective entrant deemed to violate these Official Rules. To be eligible for the Sweepstakes, all entries must be received by the Entry Period and will be accumulated into one pool of qualified entries (collectively the “Qualified Entries“). The winner of the Sweepstakes will be selected from the Qualified Entries as set forth herein.
4. DRAWING: On November 17, 2023, Sponsor, or its designee, will conduct a drawing from which one (1) winner (the “Winner”) will be randomly drawn from the Qualified Entries received by Sponsor or its designee. To the extent that any Winner is disqualified from winning according to these Official Rules, or upon the Winner otherwise failing to take such steps as may be necessary to receive the prize, an alternate winner (“Alternate Winner“) may, at Sponsor’s sole discretion, be selected. The Winner, and, to the extent necessary, Alternate Winner will be notified by email. Sponsor, or its designee, will use reasonable efforts to remit the prize to the Winner or Alternate Winner within ninety (90) days from the date of the drawing; however, Sponsor shall not be responsible for failure to remit the prize within said time-frame. If any Winner does not respond with the requested information, cannot be contacted within 48 hours, or is in violation of these Official Rules, he/she will be disqualified and the prize forfeited and an Alternate Winner may be awarded the prize in Sponsor’s sole discretion.
5. PRIZE, ODDS OF WINNING, APPROXIMATE RETAIL VALUE (ARV): The prize for the Winner chosen from the Qualified Entries will be a $500.00 Amazon Digital Gift Card. Gift cards are subject to terms and conditions of use provided therewith. Unspecified costs, expenses and taxes (if any) are the Winner’s sole responsibility. No prize substitution is permitted except at Sponsor’s sole discretion and only then for a prize of comparable value. The prize is not transferable. Sponsor makes no representation, warranty or guarantee of any kind regarding prize quality, fitness or operation. Approximate retail value (“ARV”) of the prize is $500.00. Odds of winning the prize depend on the total number of Qualified Entries received.
Sponsor is using the trademark of Amazon.com, Inc. for reference purposes only. No sponsorship, endorsement, or authorization of any kind is intended or implied by such use.
6. DISQUALIFICATION: Sponsor, or its designees, expressly and without limitation reserves the right, in its sole discretion, to disqualify a Winner and/or Alternate Winner upon any of the following: (a) failure to provide accurate personal or contact information at any time during the Sweepstakes; or (b) upon any notices being deemed undeliverable for any reason. Additionally, Sponsor, or its designee, expressly reserves the right, at the sole discretion of Sponsor, or its designee, to disqualify any Participant or prospective participant for conduct deemed to be detrimental or disruptive to the appropriate running of the Sweepstakes, including, but not limited to: tampering with entry process or operation of Sweepstakes or website (including mobile website); acting in violation of the terms of these Official Rules or the Sponsor’s website; submitting a video or other materials that contains inappropriate language, content that promotes discrimination of any kind, or otherwise objectionable material; acting in a non-sportsmanlike or disruptive manner, or with intent to threaten, abuse or harass any other person. Upon a disqualification, the Winner or Alternate Winner automatically forfeits his/her right to the prize under this Sweepstakes and Sponsor shall have no further obligation to the disqualified Winner or Alternate Winner.
7. LIMITATION OF LIABILITY: THE RELEASED PARTIES (DEFINED BELOW) ARE NOT RESPONSIBLE FOR, AND SPECIFICALLY DISCLAIM ANY LIABILITY FOR OR ARISING OUT OF, ANY OF THE FOLLOWING REGARDLESS OF CAUSE: (1) ANY INCORRECT OR INACCURATE INFORMATION, WHETHER CAUSED BY PARTICIPANTS, WIRELESS CARRIERS, INTERNET SERVICE PROVIDERS OR UNAUTHORIZED HUMAN INTERVENTION; (2) TECHNICAL DIFFICULTIES OR FAILURES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, MALFUNCTIONS, INTERRUPTIONS OR DISCONNECTIONS IN TRANSMISSIONS OR CONNECTIONS, PHONE LINES, NETWORK HARDWARE OR SOFTWARE, COMPUTERS, EQUIPMENT, PROGRAMMING ERRORS, CABLE, SATELLITE, CELLULAR TOWER OR ISP OR WIRELESS CARRIERS; (3) BUGS, VIRUSES, WORMS, TROJAN HORSES OR SIMILAR MALICIOUS ATTACKS; (4) TYPOGRAPHICAL, PRINTING, NETWORK, MECHANICAL, ELECTRONIC, TECHNICAL, HUMAN OR OTHER ERRORS OR MALFUNCTIONS; (5) LOST, INCOMPLETE, LATE, MISDIRECTED, GARBLED, UNDELIVERED, INCOMPLETE, STOLEN OR MUTILATED TRANSACTIONS, SUBSCRIPTIONS OR ENTRIES; OR GARBLED, LOST, MISROUTED OR SCRAMBLED TRANSMISSIONS; OR (6) UNAUTHORIZED HUMAN AND/OR MECHANICAL INTERVENTION IN THE PROMOTION OR ANY OTHER PART OF THE PARTICIPATION PROCESS IN THIS PROMOTION. RELEASED PARTIES ARE NOT RESPONSIBLE FOR THE PRIZES, INCLUDING WITHOUT LIMITATION, ANY ACTS OR OMISSIONS BY ANY THIRD-PARTIES, ACCEPTANCE/POSSESSION, REDEMPTION, USE/MISUSE AND/OR DEFECTS OF THE PRIZE AWARDED HEREIN. EVERYTHING PROVIDED TO PARTICIPANTS TO REGISTER FOR THIS SWEEPSTAKES IS 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 OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES SO SOME LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
8. RELEASE: BY ENTERING, PARTICIPANT AGREES TO ACCEPT AND ABIDE BY THE OFFICIAL RULES. ALL DECISIONS BY SPONSOR REGARDING THIS PROMOTION ARE FINAL. PARTICIPANT AGREES THAT SPONSOR AND ALL OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS (“RELEASED PARTIES”) ARE RELEASED, WILL HAVE NO LIABILITY WHATSOEVER FOR AND SHALL BE HELD HARMLESS BY PARTICIPANTS AGAINST ANY AND ALL LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES TO PERSON(S), INCLUDING DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE ACCEPTANCE, POSSESSION, REDEMPTION, MISUSE OR USE OF THE PRIZE OR PARTICIPATION IN THIS SWEEPSTAKES OR ANY SWEEPSTAKES RELATED ACTIVITIES. In the event Sponsor is prevented from continuing with this Sweepstakes, or the integrity and/or feasibility of the Sweepstakes is undermined by any event including, but not limited to, fire, flood, epidemic, pandemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order or regulation, order of any court or jurisdiction, or by other cause not reasonably within Sponsor’s control (each a “Force Majeure” event), Sponsor shall have the right, in its discretion, to abbreviate, modify, suspend, cancel, or terminate the Sweepstakes without further obligation. If Sponsor, in its sole discretion, elects to abbreviate the Sweepstakes as a result of a Force Majeure event, Sponsor reserves the right, but shall have no obligation, to award the prizes from among all valid and eligible Entries received up to the time of such Force Majeure event.
9. DISPUTES AND ARBITRATION; JURISDICTION AND VENUE: Except where prohibited, you agree to submit to the personal and exclusive arbitration of disputes under the rules of the American Arbitration Association. Any arbitration will be conducted in New York County, New York, and you waive any right to claim that such location is an inconvenient forum.
YOU ALSO ACKNOWLEDGE AND UNDERSTAND THAT YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.
If this arbitration provision is found to be null and void, then all disputes will be subject to the jurisdiction and the law of the state and federal courts located in New York County, New York, and you submit to the personal jurisdiction and venue of these courts. All disputes will be governed by and construed in accordance with the laws of the State of New York, without regard to or application of any conflicts of law rules or principles.
In the event of any litigation or arbitration arising from or related to these Official Rules, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred including staff time, court costs, attorneys’ fees, and all other related expenses incurred in such litigation or arbitration.
10. WINNER’S LIST: For a winners’ list, no later than 60 days after the close of the Entry Period, email community@myfitnesspal.com. Limit one (1) request per email address.
11. PRIVACY POLICY: Please see Sponsor’s privacy policy located at https://www.myfitnesspal.com/privacy-policy for details of Sponsor’s policy regarding the use of personal information collected in connection with these Sweepstakes. By entering these Sweepstakes, Participants agree that any personal information submitted by Participants may be used or shared by Sponsor as stated in the privacy policy, including to effectuate the Sweepstakes administration.
12. MYFITNESSPAL’S TERMS AND CONDITIONS OF USE: The MyFitnessPal Terms and Conditions of Use located at https://www.myfitnesspal.com/terms-of-service are incorporated by reference herein and made a part of these Official Rules.
13. SPONSOR: MyFitnessPal, Inc. with a principal place of business located at 100 Congress Avenue, Suite 400, Austin, TX 78701.
© 2023 MyFitnessPal, Inc. All other trademarks, service marks, logos, product or service names are the property of their respective owners. All Rights Reserved.
