REP Fitness is thrilled to announce the "Pursue Your Strength™" contest, inviting members of the fitness community to share their empowering stories of strength and resilience for a chance to win a Home Gym Makeover valued at $10,000. Whether it's a personal journey or a tribute to someone else's remarkable strength, we want to hear your inspiring stories.
rules and regulations
The REP Fitness “Pursue Your Strength” Contest (the “Promotion”) is sponsored by Rep Fitness LLC (the “Sponsor”). By entering, entrants agree to be bound by these Official Rules, Sponsor’s Privacy Policy, and the decisions of the Sponsor, which are final and binding. Please carefully read these Rules (available at) https://repfitness.com/pages/pursue-your-strength-rules-and-regulations. If you do not agree to the Rules, you should not participate in the Promotion or any element thereof; entering will constitute your acceptance of these Rules. 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 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, advertising and promotion agencies, and any other individuals or entities, including contest management of facilitation service providers and/or prize suppliers, 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 8 October 2024 and ends 11:59 pm MT on 22 November 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/pursue-your-strength (the “Website”) to enter by completing the following steps: input the required contact information; agree to these Rules; provide an original, compliant essay created especially for this Promotion; upload a video recounting the story in their essay and showing their present home gym space (or intended home gym space); and confirm their submission (together, the “Entry”). The essay should be between 200-2000 words in length describing How Pursuing Your Strength Helped You (i.e., highlighting your personal fitness journey and how fitness has helped you overcome an obstacle or reach a goal, challenged you, or given you a sense of strength and/or resilience). An eligible Entry may nominate and predominantly feature the fitness journey of a third-party in the essay (a “Nominative Entry”). In such case, such third party must have expressly consented to be featured in the Nominative Entry and meet the eligibility requirements herein. In the event a Nominative Entry is selected as the potential winner, the prize will be awarded (in its entirety) to and in the name of the nominated third-party (and not to Entrant), provided the third party is eligible and meets the conditions of an Entrant, the conditions of prize award, and timely executes Release Documents (defined herein below). Otherwise, the prize will be forfeited and awarded to an alternate potential winner. The essay submission may be referred to herein as “essay” but is collectively included in all references to the Entry.
Without limitation, the Entry must be in the approved format, within the specified length, submitted in good-faith, complete, and compliant with these Rules. Failure to follow all steps and include all information will disqualify Entry. Limit one (1) Entry per person. However, a nominated person may enter on their own behalf, or may submit an Entry by nominating someone else. Any and all information, materials, and content submitted become part of an Entry and are governed by these Rules. Once submitted, an Entry cannot be modified, deleted, or canceled. The Promotion may be advertised via one or more of Sponsor’s social media channels, e.g., Facebook, Instagram, TikTok, etc. (a “Social Media Platform”); however, Entries will only be accepted via the Website identified herein. Sponsor reserves the right, but without obligation, to edit and/or redact certain information from an Entry if, in doing so, it will not affect judging and it is not essential to the Entry (by way of example, for anonymization of a third party or to delete any mention of a publicly-known individual).
IMPORTANT NOTICE: By submitting an Entry, whether or not you are selected as the winner, you agree that Sponsor may, in its absolute discretion, but without obligation, feature your Entry (in whole or in part, in composite, modified, combined, and/or edited format) on any and all Sponsor’s marketing, collateral, networks, Websites, and/or Social Media Platforms, without attribution, right of review, or compensation, and you understand you are granting Sponsor a license to use your Entry pursuant to these Rules.
CONDITIONS OF ENTRY: Entries may only be submitted by a single registered account user; group or commercial submissions are not permissible. Multiple Entrants, if from different households, are not permitted to share the same device, account, IP 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.
SUBMISSION GUIDELINES: In order for your Entry to be eligible, your Entry MUST NOT include any of the following:
i. Graphic reference to, description of, or images of abuse of alcohol, illegal or performance enhancing drugs, tobacco, firearms/weapons, or gambling;
ii. Graphic reference to, description of, or images of activities that are illegal, dangerous, harmful, or unsafe, or contain, depict, condone, encourage, or promote content that is (or is construed by Sponsor as being) obscene, reprehensible, repugnant, offensive, sexually inappropriate, overtly political or religious, discriminatory, defamatory (to persons, products or companies), racist, misogynistic, highly sensitive, violent, explicit, cruel, hateful, or otherwise unsuitable, as determined solely by Sponsor in its sole and absolute discretion;
iii. Other than as expressly permitted by these Rules or appearing incidentally (e.g., in the background), reference to or images of intellectual property (i.e., trademarks, logos, trade dress, etc.) owned by others; or contain any personally identifiable, information, such as license plate numbers, personal names, e-mail addresses, or street addresses without permission;
iv. Other that those appearing incidentally, copyrighted works or materials owned by others (i.e., references to or images of music, photographs, sculptures, paintings and other works of art or images) without permission;
v. Materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission;
vi. Materials or other indicia identifying any minor under 18 years of age;
vii. Messages or images inconsistent with the spirit of this Promotion and the positive images and/or goodwill to which Sponsor wishes to associate; and
viii. Materials that depict a violation of, or are inherently a violation of, any law, or any rights of any other third party, or in contravention of these Rules.
REPRESENTATIONS ABOUT YOUR ENTRY: By submitting an Entry, Entrants represent, warrant, and covenant that their Entry submitted and all content therein: (i) is the original creation of the Entrant and has not been copied in whole or in part from any other work, has not been created for or submitted in any other contest or similar promotion, and is the sole and exclusive property of the Entrant (or Entrant has all ownership or licensed rights thereto and to any and all content); (ii) does not contain, depict, condone, encourage, or promote the use of any content or activities prohibited by these Rules; (iii) does not violate or infringe any employer policies, or any laws including, but not limited to, copyright or trademark laws, or other proprietary, publicity, privacy, or any other rights of any person, entity, or venue; (iv) owners of any venues, or any individuals appearing, mentioned, featured in, or who have worked on the Entry, in whole or in part, in any manner have given Entrant their express consent to submission to this Promotion and the use contemplated. Entrants agree to release and indemnify Sponsor and Promotion Entities from any and all claims arising out of a breach of or misrepresentation in the above representations and
warranties. If requested by Sponsor, Entrant shall provide evidence of the above in writing. Nothing herein shall be deemed an obligation of confidentiality.
This Promotion is in no way sponsored, endorsed or administered by Instagram, or any other 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, 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.
JUDGING CRITERIA: Entries will be judged by a judging panel selected by Sponsor, based on the following weighted criteria, to select five (5) potential winners with the highest scores, based on their Entries’:
· STORY IS COMPELLING/INSPIRATIONAL– 60%
· STORY IS CREATIVE/UNIQUE– 20%
· STORY CORRESPONDS TO TOPIC– 20%
Scores will not be made public at any time. Any Entry that does not appropriately include a response to the posed question will be disqualified. If Sponsor or its products or brands are mentioned or submitted as part of the Entry, they MUST be featured legally, truthfully and appropriately, or else Entry will be immediately disqualified. In case of a tie, the Entries, among those tied, with the highest score in the COMPELLING/INSPIRATIONAL category will break the tie; if a tie still exists the tied Entry with the highest score in the CREATIVE category will break the tie.
WINNER NOTIFICATION/CONDITIONS OF PRIZE AWARD: It is anticipated that a potential winner will be contacted by email and/or telephone and asked to respond within a time specified for verification and prize fulfillment purposes. A potential winner 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 potential winner may be selected as provided herein. A potential winner 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 numerous, heavy pieces of strength-training gym and fitness equipment, or else prize will be forfeited in its entirety and awarded to an alternate potential winner based on next highest score. Winner will be required to participate in filming at their residence by Sponsor’s film crew to capture footage of the home
gym makeover process and be interviewed about their personal story of strength. The footage may be used for promotional purposes by Sponsor and all rights thereto, including the copyright therein, shall be owned by Sponsor.
In the event of noncompliance, if an Entrant becomes noncompliant or ineligible during or after the Promotion Period, or if 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 provided in their Entry as selected by Sponsor (in Sponsor’s discretion), the prize may be forfeited and an alternate potential winner will be selected. After two (2) additional unsuccessful attempts to notify an alternate potential winner the prize may remain unawarded. 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.
PRIZES/APPROXIMATE RETAIL VALUES (“ARV”): A prize award is subject to verification of eligibility of Entrant chosen as a potential winner and compliance with these Official Rules.
Grand Prize (1) consists of: a Home Gym Makeover which may include, but is not limited to, fitness equipment and accessories with an approximate retail value up to US$10,000. The specific elements of the prize package will be determined by Sponsor in its absolute discretion but will together have a market value totaling up to approximately US$10,000. At potential winner’s request, a portion of the prize amount (in lieu of equipment or accessories), up to US$2000, may be provided (in the form of a check), which may be used by winner to offset taxes owed on the entire prize value. Delivery to winner’s legal U.S. residence will be at Sponsor’s cost. (The benefits described in this paragraph together constitute the “Prize.”)
Limit one (1) Prize. 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 the Grand 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 the Prize will be suitable for winner and/or winner’s residence. The Prize must be accepted as a whole or will be forfeited in its entirety. Delivery must be arranged through Sponsor and booked on or before the time specified by Sponsor 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 the Prize, or any element thereof, will remain the property of Sponsor. 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 the Prize to be forfeited and awarded to an alternate winner. The 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 the 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. The 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. The Prize, and any element thereof, including any Sponsor products received as 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 is for illustrative purposes only and may not be the actual Prize awarded. Winner is solely responsible for use/misuse of the Prize and any element thereof. The Prize will be awarded provided sufficient eligible Entries are received. Only the number and description of prize(s) 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 on the basis of score 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, Entrants and confirmed winner grants to Sponsor (and its authorized representatives) and agree to confirm that grant in writing if requested, a perpetual, worldwide, royalty-free, and non-exclusive license to use, mention, commercially exploit, produce, reproduce, distribute, transmit, publish,
publicly perform, publicly display, broadcast, exhibit, and create a derivative work from (“use”) their Entry in whole or in part (and all content therein including without limitation their essay and its story), and the right to use their name, information, likeness, image, voice, statements, interviews (provided true), and all results and proceeds therefrom taken at any time 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, email 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, judging, prize award, 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 name of prize winner(s) over $25, email your winner list request to Sponsor for receipt on or before 12/3/2024 at: info@repfitness.com.
SPONSOR: REP Fitness LLC, 11059 Dover Street, Suite 2000, Westminster, CO 80021.
These Rules may be found at: https://repfitness.com/pages/pursue-your-strength-rules-and-regulations.