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The 1-YEAR FREE GYM SWEEPSTAKES – Official Rules

YOU HAVE NOT WON. NO PURCHASE NECESSARY TO ENTER THE SWEEPSTAKES. PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR OTHERWISE RESTRICTED BY LAW.

SWEEPSTAKES PERIOD: THE 1-YEAR FREE GYM SWEEPSTAKES (the “Sweepstakes”) starts on 11/14/2014 at 12:00:01am Central Time (“CT”) and ends on 11/30/2014 at 11:59:59pm CT (the “Sweepstakes Period”).

ELIGIBILITY: The Sweepstakes is open to all legal residents of the United States or District of Columbia (excluding U.S. Virgin Islands, Puerto Rico, and U.S. military bases outside the U.S.), 18 years of age or older as of the date of entry. Void in Puerto Rico, the U.S. Virgin Islands, U.S. Military installations in foreign countries, anywhere outside of the U.S. and where prohibited, taxed or restricted by law. Employees and their immediate families (i.e., parents, spouse, children, siblings, grandparents, step parents, step children and step siblings) of KX Evolution Inc., (the “Sponsor” or “Kardio-Xercise”) are not eligible to enter the Sweepstakes. By participating in this Sweepstakes, entrants agree to be bound by these Official Rules.

How to Enter the Sweepstakes: You may enter the Sweepstakes in the following ways: 1) Pre-Ordering 2015 KX calendar(s)  – 2) via U.S. Mail. There is a limit of two (2) entries per person for the Sweepstakes Period, regardless of method of entry. Entries in excess of the limit are void. All entries must be received no later than 11/30/2014 at 11:59:59 pm CT. Multiple Sweepstakes participants are not permitted to share the same email address. Proof of sending an Entry does not constitute proof of actual receipt by Sponsor of an entry for purposes of this Sweepstakes. All Entries become the sole property of Sponsor and receipt of entries will not be acknowledged or returned. Entrants agree that Sponsor may share any and all entry information for purposes of administering the Sweepstakes and administering any messages sent to you on Sponsor’s behalf. Any individual who attempts or otherwise encourages, directly or indirectly, the entry of false contact information under multiple identities, or false entries, will be disqualified. Lost, illegible, or incomplete entries will be deemed ineligible and disqualified. In the event of a dispute as to the identity of an entrant, Entry will be declared by the Authorized Account Holder of the email address submitted at the time of entry. “Authorized Account Holder” is defined as the natural person who is assigned to an email address by an Internet access provider, Internet service provider or other organization (e.g. business, educational, institution, etc.) that is responsible for assigning email addresses, email address or the domain associated with the submitted email address as applicable or as shown on such company’s records. If more than one person is shown as a responsible party, then the first-named person will be deemed the Authorized Account Holder unless the individuals on the account otherwise agree. Administrator’s determination of the winner in case of a dispute will be final and binding. The Sponsor and their respective parents, subsidiaries, agents and affiliates are not responsible for late, lost, misdirected, or damaged entries or for technical, hardware, software or computer/phone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the sender, or by any of the equipment or programming associated with or utilized in this Sweepstakes which may limit the ability to play or participate, or by any human or other inadvertent error that may occur in the processing of the entries or in the awarding of the prize in this Sweepstakes. If for any reason (including infection by computer virus, bugs, worms, tampering, unauthorized intervention, fraud, technical failures, or any other cause beyond the control of the Sponsor and their respective parents, subsidiaries, agents and affiliates, that corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Sweepstakes), this Sweepstakes is not capable of being conducted as described in these Official Rules, Sponsor shall have the right, at its sole discretion, to cancel, terminate, modify or suspend this Sweepstakes, and select the prize winner from entries received prior to action taken, or as otherwise deemed fair and appropriate by Sponsor. Any use of robotic, automatic, programmed, or the like methods of participation will void all such entries by such methods. Sponsor reserves the right to prosecute any fraudulent entries to the fullest extent of the law. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS 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 THESE PROVISIONS.

  1. Pre-Order 2015 KX Calendar(s):Select calendar(s) and add to cart. Follow standard online check-out process by completing all required information and provide valid payment method.  These steps will automatically add one or two entries to sweepstakes. One calendar purchase counts as one entire and more than one calendar purchase counts as two entries into sweepstake.
  2. By Mail: If you do not wish to perform any of the actions listed above, but wish to enter the Sweepstakes, you may enter the Sweepstakes by U.S. Mail.  To enter, print your name, address, city, state, ZIP code, date of birth (optional), email address and daytime telephone number on a 3” X 5” card, and mail it, in an envelope with postage affixed, to: KX Evolution, Inc. • ATTN: 1-YEAR FREE GYM SWEEPSTAKES • P.O. Box 6635 • Rockford, IL 61125.   You may enter a maximum of two-times if you wish, but each entry must be mailed in a separate outer envelope.  All Mail-in entries must be postmarked and received by dates/times stated in the SWEEPSTAKES PERIOD. 

 

RANDOM DRAWING/ODDS: The Random Drawing will be conducted on or about December  5, 2014 by the Sponsor, whose decisions will be final in all matters relating to this Sweepstakes. Winner will be selected in a random drawing of all eligible entries. Odds of winning will depend upon the total number of eligible entries received.

PRIZE: One (1) year (12 months) gym/fitness facility membership of choice. The approximate retail value (“ARV”) of the Prize is three hundred fifty dollars ($350.00). Prize cannot be substituted, assigned, or transferred; except at Sponsor’s sole discretion or as otherwise provided herein. Winner may make no substitution or transfer of prize and prize is not exchangeable for cash. Sponsor will not replace any lost or stolen Prize. Prize has no fees and will never expire. Prize is NOT taxable as income. The Prize will be awarded “as is” without warranty of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose.

PRIZE CLAIM: The potential winner will be contacted by email or mail depending on the method of entry. Except where prohibited, the potential Winner must complete, sign and return a notarized “Affidavit of Eligibility/Liability/Publicity Release Form” (the “Release”), and notify Sponsor of the fitness facility of choice, seven (7) days after being notified of potentially being a winner. If the potential Winner is younger than 21 years of age or a minor under the law of his/her jurisdiction of residence (residents of Alabama and Nebraska must be 19 years of age or older and residents of Mississippi must be at least 21) at the time of entry, his or her respective parent or guardian may be required to execute an Affidavit acknowledging, confirming and consenting to the Liability Release and where legal, a Publicity Consent document in order to accept the prize on behalf of the winner. If parent or guardian is unavailable to execute this document, the winner will not receive the prize. If potential Winner fails to return the Required Documents within seven (7) days of receiving them, potential Prize Winner forfeits his/her right to the winnings and another Winner will be selected at random from among the remaining non-winning eligible entries received. Upon forfeiture, no compensation will be given. The Winner consents (and, except where prohibited, agrees to sign any additional documents required by Sponsor to formalize, effect or perfect such consent) to Sponsor’s use of his/her name, likeness (photograph and/or video), biographical information, and voices in advertising/publicity/trade without compensation, notice or approval; and, Grand Prize Winner disclaims any ownership rights of such advertising/publicity/trade material (TN residents will not be required to sign a publicity release as a condition of winning a prize). The Prize will be awarded by a direct payment, not to exceed three hundred fifty dollars ($350.00), to the fitness facility of choice by the winner.

RESTRICTIONS AND INDEMNIFICATION: By participating in this Sweepstakes, entrants agree to be bound by the Official Rules and the decisions of the Administrator which shall be final. Entrants agree to hold Sponsor harmless against any and all claims and liability arising out of use of prize or participation in the Sweepstakes. Winner assumes all liability for any injury or damage caused, or claimed to be caused by participation in this Sweepstakes or use or redemption of any prize.  Sponsor is not responsible for any typographical or other error in the printing, the offering or the announcement of any prize or in the administration of the Sweepstakes.

PRIVACY POLICY: Information collected in connection with this Sweepstakes will be used in accordance with Kardio-Xercise’s privacy policy and these Official Rules. In the event of any discrepancy between the privacy policy and these Official Rules, the privacy policy shall control. To review Kardio-Xercise’s privacy policy, please go to www.kardioxercise.com/privacy/. Official Rules will be posted on www.kardioxercise.com/win-a-1-year-gym-membership-rules/ .

CHOICE OF LAW: Under no circumstances will Entrants be permitted to obtain awards for, and Entrants hereby waive all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, and Entrants further waive all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Entrants and Sponsor in connection with this Sweepstakes, shall be governed by, and construed in accordance with, the substantive laws of the State of Georgia, without regard to Georgia conflict of law principles.

WINNER’S NAME: The name of the winner may be obtained after 12/15/2014 by sending a self-addressed stamped envelope to: KX Evolution, Inc. • ATTN: Winner Info • P.O. Box 6635 • Rockford, IL 61125. Requests for winner’s name must be received by 12/24/2014.

SPONSOR: KX Evolution, Inc., • P.O. Box 6635 • Rockford, IL 61125.