“SAMSON: FINISH STRONG. WIN A ONE-YEAR GYM MEMBERSHIP” SWEEPSTAKES
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. Internet access is required to enter.
ELIGIBILITY: The “Samson: Finish Strong. Win a one-year gym membership” Sweepstakes (“Promotion”) is offered in the fifty (50) United States, including the District of Columbia (“U.S.”) only to individuals who are 18 or older at time of entry (eligible “Entrant(s)”). Employees, officers and directors of Pure Flix Entertainment, LLC (“Sponsor”), its parent, subsidiary and affiliated companies, advertising and promotion agencies and any other individuals/entities involved in the implementation and/or execution of the Promotion (collectively “Promotion Entities”) and the immediate family members (spouses and parents, children and siblings and their spouses, including foster and step-relations regardless of where they live) or members of the same households (whether related or not) of such individuals are not eligible to enter. Void specifically where otherwise prohibited or restricted by law, rule or regulation.
PROMOTION PERIOD: The Promotion begins on or about 12:00 AM Mountain Time (“MT”) on January 11, 2018 and ends at 11:59 PM MT on February 11, 2018 (“Promotion Period”). All time referenced herein is Mountain Time. Sponsor’s server’s clock for the Website is the official time keeping device for the Promotion. ENTRANTS ARE SOLELY RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN THEIR RESPECTIVE JURISDICTIONS; SPONSOR DISCLAIMS ALL LIABILITY AND RESPONSIBILITY RELATING THERETO.
By entering, Entrants agree to be bound by these Official Rules and the decisions of the Sponsor, which are final and binding.
ARBITRATION NOTICE: BY ENTERING, YOU AGREE THAT DISPUTES BETWEEN YOU AND ANY PROMOTION ENTITY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. See Disputes/Arbitration provision.
HOW TO ENTER: During the Promotion Period, click on the Promotion related ad displayed on Facebook (the “Website”), enter your full name and email address, and follow the instructions to submit your entry (“Entry”). Once submitted, Entry cannot be modified, deleted or cancelled. Entries become the property of Sponsor and will not be returned. Limit one (1) Entry per person.
By entering, you agree to be contacted by Sponsor (or its authorized representatives) with communications and reminders relating to the Promotion. Sponsor has the right to verify Entries and/or Entrants’ eligibility and compliance with these Official Rules, and on the basis of its investigation, to disqualify any 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, 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 itself or any of the Promotion Entities against fraudulent or invalid claims, potential public scandal, ridicule, or disrepute in awarding the prize to any Entrant or 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 the Promotion. Entries submitted via any other Entry method/portal/app than stated herein will not be accepted.
Entrants may not enter through a sweepstakes club (or similar method), bots, robotic, repetitive, automatic, programmed or similar Entry methods or agents, with multiple or false identities, e-mail and/or street addresses, nor shall Entrants use any other device or artifice to enter or participate. Any Entrant who is suspected of cheating, using fraudulent means, unauthorized Entry methods, attempting to participate multiple times, with multiple e-mail and/or addresses under multiple or false identities, or engaging in or benefitting, directly or indirectly, from such artifice or artifice of any other kind will be disqualified. In the event of a dispute as to the identity of an online Entrant, the authorized account holder of the email address used in connection with the Entry will be deemed to be the Entrant. Potential winner may be required to show proof of being the authorized account holder, or otherwise eligible. The “authorized account holder” is the natural person assigned to an email address by an Internet service provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address.
Promotion Entities assume no responsibility for: 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, 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, user, net inaccessibility or unavailability; congestion; technical errors; unauthorized human intervention; human errors; or the delayed, incorrect or inaccurate capture of Entry or other information, or failure to capture any such information. Entrants and the Entry and all elements thereof must comply with the requirements and all other terms in these Official Rules or will be disqualified.
If an Entrant is participating in the Promotion via a mobile device, message and data rates may apply. The Entrant should consult his/her wireless service provider regarding its pricing plans. Participation may not be available on all mobile devices, as not all mobile devices or cellular telephone providers have the capabilities or carry the service necessary to participate in this method of Entry.
DRAWING/ODDS: One (1) potential prize winner will be randomly selected by Sponsor, on or about approx. three (3) weeks following the end of the Promotion Period, from among all eligible Entries received during the Promotion Period. Odds of winning the prize depend on the number of eligible Entries received. Potential prize winner will be required to complete, sign, have witnessed and return a Declaration of Eligibility, Liability, and where lawful, Publicity Release within the time stated by Sponsor, or else prize will be forfeited and an alternate potential winner selected from remaining eligible Entries. Prize will be forfeited if Declaration is not timely received according to the instructions and by the deadline provided in the notifications. In the event of noncompliance, if an Entrant is or becomes noncompliant or ineligible during or after the Promotion Period, or if a potential winner declines the prize, or fails to respond to any prize notification or communication within the time specified, or cannot be reached on or within two (2) separate attempts using the contact information provided at time of Entry (in Sponsor’s discretion), that prize will be forfeited in its entirety and an alternate potential winner will be selected for the applicable prize.
PRIZE/APPROXIMATE RETAIL VALUES (“ARV”): Prize award is subject to verification of eligibility and compliance with these Official Rules.
Grand Prize (1): A one-year gym membership (up to a max. total value of $700). Gym membership for an individual, to a gym selected by winner within their geographic location. Any fees, costs and expenses in excess of the total stated Grand Prize amount herein are the sole responsibility of the winner. Gym selection is subject to the final approval of Sponsor, which may be withheld in its sole discretion. Prize arrangements must be made in accordance with Sponsor’s instructions. Additional conditions, requirements and limitations may apply to obtaining membership. Prize will be awarded to winner in one payment, or may be paid directly to the gym selected, in Sponsor’s absolute discretion. Once prize is awarded, Sponsor will not be responsible for any further payments, responsibilities or liabilities with respect to the prize, or any element thereof.
Limit one (1) prize. The right to receive and use this prize is personal to the winner, is non-assignable, non-transferable and no prize substitution, exchange or cash equivalent will be allowed, except by Sponsor who reserves the right to substitute a prize of equal or greater value. Winner is solely responsible for gym use, and all other costs and expenses not expressly set forth as being included herein. Prize will be awarded provided sufficient eligible Entries are received. Prize award is subject to verification and compliance; prize will only be awarded to verified and confirmed winner. Only the number and description of prize(s) stated in these Official Rules is available to be won in the Promotion and any such prize award is subject to the prerequisites and limitations stated herein and the Declaration, as applicable. In no event shall Promotion Entities be responsible for awarding more than the stated number of prizes. PRIZE, AND ANY ELEMENT THEREOF, INCLUDING ANY PRODUCTS OR TICKETS RECEIVED AS A PRIZE (IF ANY), MAY NOT BE SOLD, RESOLD, AUCTIONED, BARTERED, OR PLACED INTO ANY OTHER UNAUTHORIZED CHANNELS OF DISTRIBUTION. Any prize pictured in advertising or Promotion materials is for illustrative purposes only and may not be the actual prize awarded. All applicable local, state, and federal taxes and all expenses not specifically stated herein are solely the responsibility of a U.S. winner, if applicable.
THIS PROMOTION, ALL PRIZES, 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: In the event of noncompliance, if an Entrant becomes noncompliant or ineligible during or after the Promotion Period, or a potential winner fails to respond within the time specified, declines the prize, or cannot be reached within two (2) separate attempts using the contact method selected by Sponsor (in Sponsor’s discretion), that prize will be forfeited and an alternate winner will be randomly selected for the applicable prize. After three additional unsuccessful attempts to verify an alternate winner for the prize, the respective prize will remain un-awarded; there will not be a second chance drawing. Prize or prize notifications that are un-awarded, unclaimed, returned, unresponsive, untimely, misdirected (including into spam/junk folders), ignored, or undeliverable will be forfeited and will not be re-awarded.
PUBLICITY RELEASE: By accepting a prize, winner hereby consents, where lawful, to the use by Sponsor (and its affiliates, Promotion Partners and their authorized representatives) of their name, image, likeness, hometown name, biographical information, and voice for publicity, trade, advertising and promotional purposes in all media now known or hereafter developed worldwide, and on the Internet and World Wide Web, including Sponsor’s, Promotion Partner’s, and/or unrelated third-parties’ social media platforms and sites, without notice, review or approval and without additional compensation except where prohibited by law.
LIMITATIONS OF LIABILITY/RELEASE: 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 this Promotion or any part thereof, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion, or any element thereof and select the winner(s) (for the applicable prize) from Entries received prior to the action or as otherwise may be deemed fair by Sponsor, in its absolute discretion. Persons suspected of tampering with or abusing any aspect of the Promotion or Website, as solely determined by the Sponsor, will be disqualified. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS IN VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION. Sponsor is not responsible for injury or damage to Entrants’ or to any other person’s computer or mobile device related to or resulting from participating in this Promotion or downloading materials from or use of the Website.
Promotion Entities shall not be liable to 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, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, Event cancellation, or any similar or dissimilar event beyond their reasonable control. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ENTRANTS AND WINNER(S) AGREE TO WAIVE, RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS (“RELEASE”) SPONSOR AND ALL OTHER PROMOTION ENTITIES, FACEBOOK, THEIR PARENTS, AFFILIATES, SUBSIDIARIES AND DIVISIONS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS (“RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL THREATENED OR ACTUAL ACTIONS, LIABILITIES, CLAIMS, DEMANDS, LOSSES, LAWSUITS, JUDGMENTS, SETTLEMENTS, FINES, DAMAGES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEY FEES) WHETHER OR NOT LITIGATION IS COMMENCED (“DISPUTES”) ARISING AT ANY TIME FROM THE PROMOTION AND ANY ELEMENT THEREOF; THE ENTRY (IN WHOLE OR IN PART); PARTICIPATION IN ANY PROMOTION AND/OR PRIZE-RELATED ACTIVITY, OR INABILITY TO RECEIVE OR PARTICIPATE IN, OR PARTS THEREOF; THE DELIVERY, ACCEPTANCE, USE, MIS-USE OF A PRIZE OR ANY ELEMENT THEREOF, OR ANY FAILURE WITH RESPECT THERETO BY ANY PERSON OR ENTITY; PERSONAL INJURIES INCLUDING DEATH, DAMAGE TO OR DESTRUCTION OF PROPERTY, VIOLATION OF ANY 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 ARISING FROM OR RELATING DIRECTLY OR INDIRECTLY TO THE PROMOTION OR A PRIZE AND ANY ELEMENT THEREOF; ANY ACT, DEFAULT, OMISSION, NON-COMPLIANCE, AND/OR A VIOLATION OR BREACH OF ANY LAW OR AGREEMENT, REPRESENTATION, WARRANTY OR COVENANT MADE HEREIN, OR ANY OTHER AGREEMENTS BY/WITH ENTRANT, THE SPONSOR AND/OR ANY OTHER PROMOTION ENTITY OR RELEASED PARTY, OR ANY OTHER THIRD-PERSON OR ENTITY WHO MAY NOT BE A PARTY TO THESE RULES.
To the maximum extent permitted by law, Entrants covenant not to sue any released party or cause them to be sued regarding any matter released above; and further covenant not to disaffirm, limit or rescind this release. A waiver by one or more of the Promotion Entities of any term in these Official Rules does not constitute a waiver of any other provision. Any invalid, illegal or unenforceable provision shall be deemed severed from these Official Rules only to the extent of its invalidity, illegality or unenforceability, and these Official Rules shall be construed and enforced as if they did not contain the stricken provision.
In no event will Sponsor or other Promotion Entities, their parents, affiliates, subsidiaries and related companies, their advertising or promotion agencies and/or all their respective officers, directors, employees, independent contractors, representatives and agents, be responsible or liable for any damages or losses of any kind, including INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES arising out of participation in the Promotion or any Promotion related activities, or any element thereof.
DISPUTES/ARBITRATION: THIS PROMOTION IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF ARIZONA WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Promotion, Entrants agree that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with this Promotion shall be resolved individually, without resort to any form of class action, exclusively before a neutral one-person arbitration panel located in Scottsdale, Arizona.
WINNERS LIST: For the name of prize winner(s) over $25, mail a self-addressed, sufficiently postage stamped return addressed envelope, with a winner’s list request to: Pure Flix SAMSON: FINISH STRONG Gym Membership Sweepstakes, Winner’s List request, attn: E. Mor, at the Sponsor’s address below, for receipt by January 31, 2018. Limit one (1) request per person, Organization, or household address.
SPONSOR: Pure Flix Entertainment, LLC., 18940 N. Pima Rd. #110, Scottsdale, AZ 8525.