OFFICIAL RULES OF THE DAILY BURN SWEEPSTAKES
NO PURCHASE NECESSARY
VOID WHERE PROHIBITED
These are Daily Burn, Inc.’s (“Sponsor”) Official Rules (the “Official Rules”) of the Daily Burn Sweepstakes (the “Sweepstakes”). By entering the Sweepstakes, you accept these Official Rules.
Sponsor and this Sweepstakes are in no way sponsored or administered by Facebook, Instagram or Twitter.
To be eligible to participate in this Sweepstakes, you must be at least 18 years of age at the time you enter the Sweepstakes and be a legal permanent resident of the United States of America. Participation in the Sweepstakes is subject at all times to these Official Rules.
The following persons are not eligible to enter the Sweepstakes: employees and directors of Sponsor, its parent company, and companies under common control with Sponsor; and members of the households of the foregoing persons (collectively, the “Sweepstakes Parties”).
2. HOW TO ENTER.
To enter the Sweepstakes, submit your entry on Facebook, Instagram or Twitter during the two-week Sweepstakes promotional period, beginning at 12:01am on Saturday, January 11th and ending at 11:59 p.m. on Friday, January 24th (the “Promotional Period”). Entry is free and there is no limit to the number of entries you may submit.
To submit an entry, do any of the following:
- Log into Facebook using a valid Facebook login.
- Visit the Daily Burn fan page at facebook.com/dailyburn.
- Become a “fan of the Daily Burn page by clicking the “Like” button and upload a picture to the DailyBurn timeline of your Daily Burn experience (what your “#mydailyburn” looks like), with the hashtag #mydailyburn.
- To enter via the Facebook fan page, you must be a registered member of Facebook.com.
- Log into Instagram using a valid Instagram login.
- Visit the Daily Burn profile at twitter.com/dailyburn.
- Follow @DailyBurn and upload a picture of your Daily Burn experience (what your “#mydailyburn” looks like), with the hashtag #mydailyburn.
- To enter via Instagram, you must be a registered member of Instagram.com.
- Log into Twitter using a valid Twitter login.
- Visit the Daily Burn page at twitter.com/dailyburn.
- Follow Daily Burn and upload a picture of your Daily Burn experience (what your “#mydailyburn” looks like) and tagging @dailyburn.
- To enter via Twitter, you must be a registered member of Twitter.com.
Please note that, by entering the Sweepstakes through your linked Facebook, Instagram or Twitter account(s), you are allowing us to access certain profile information.
ANY ATTEMPT TO ENTER THE SWEEPSTAKES EXCEPT AS PROVIDED ABOVE IS VOID. However, if you do not have access to Facebook, Instagram or Twitter and would like to submit an entry by mail, you may do so by sending a photograph to: Daily Burn Sweepstakes Entry, 555 W. 18th Street, New York, NY 10011.
For all entries submitted prior to] 11:59 p.m. on January 10, 2014, we will conduct a random drawing of entries through to determine the potential winner. Sponsor reserves the right in its sole discretion to exclude entries that are distasteful, of poor editorial quality, or which otherwise do not represent Sponsor favorably.
An individual Sweepstakes will be run each week during the Promotional Period. Two (2) winners will be selected with respect to entries entered as of 11:59 p.m. Eastern Time on Friday, January 17, 2014. A second set of winners will be chosen with respect to entries entered on or after 12:01 a.m. on Saturday, January 17th, but prior to 11:59 p.m. Friday, January 24th. Because we only select two winners per each week of the Sweepstakes period, the odds of winning will vary based on the number of total entries leading up to the 11:59 p.m. Eastern Time drawing. The drawings will be made at random using a randomized, anonymous process, subject to the exclusions above.
If you win, you will be notified via the Facebook, Instagram or Twitter applications. To claim your prize, you must provide a valid email address and must reply to our e-mail notification within five (5) business days of receipt. After that time, your prize will be forfeited and another winner will be selected.
Each potential winner may be required to sign an Affidavit of Eligibility and Liability Release. Failure to respond do so may result in disqualification with an alternate winner selected. Any alternate winners will be selected through a random drawing of entries. No person may win more than once.
Sponsor will award two (2) prizes to two (2) users during each week of the Sweepstakes Period, for a total of two (2) prizes. Each Sweepstakes drawing will be conducted with respect to entries entered prior to 11:59 p.m. The first Sweepstakes drawing will be conducted for entries received between 12:01 a.m. Eastern Time on Saturday, January 11, 2013 and 11:59 p.m. Eastern Time on Friday, January 17, 2014. The second Sweepstakes drawing will be conducted for entries received between 12:01 a.m. Eastern Time on Saturday, January 18, 2014 and 11:59 p.m. Eastern Time on Friday, January 24, 2014. No prize transfer, assignment or substitution by any Prize winner is permitted. The prizes for each Sweepstakes week are as follows:
January 11, 2013 to January 17, 2014 Sweepstakes: One (1) winner will receive a $100 American Express gift card. A second winner will receive a one-month supply of KIND Bars.
January 18 to January 24, 2014 Sweepstakes: One (1) winner will receive $100 dollars to use in the Daily Burn store: store.dailyburn.com and a year of service to DailyBurn.com. A second winner will win a shirt, pants and shoes from the New Balance Boylston Collection.
TAXES, IF ANY, ARE THE SOLE RESPONSIBILITY OF THE WINNER.
By submitting a photo entry, you grant Sponsor a royalty-free, irrevocable, perpetual (non-exclusive) license to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use your photo as-is or as-edited (with or without using your name) in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from you.
By accepting a Prize, each winner releases and agrees to hold harmless Sponsor and the Sweepstakes Parties from any and all liability for any injuries, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of a prize, participation in any Sweepstakes related activity, or participation in this Sweepstakes.
6. REPRESENTATIONS AND WARRANTIES; INDEMNIFICATION.
You represent and warrant that you are eligible to enter the Sweepstakes at the time of your entry. You further warrant that you will comply with these Official Rules in connection with your participation in the Sweepstakes. You shall indemnify, defend, and hold Sponsor and the Sweepstakes Parties harmless from any losses (including reasonable attorneys’ fees) arising from any third party action asserting a breach by you of any representation, warranty, or obligation in these Official Rules.
7. PROHIBITED CONDUCT.
Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole determination, to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of the Official Rules. Any use of robotic, automatic, macro, programmed or like entry methods will void all Submissions or votes submitted by such methods and persons using any such methods (in Sponsor’s sole determination) will be disqualified.
ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE ANY WEBSITE OR APPLICATION OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND COSTS (INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
If for any reason this Sweepstakes is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which, in the sole opinion of Sponsor, corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, Sponsor reserves the right to cancel, terminate, modify or suspend the Sweepstakes, and award the prizes from among entries received prior to such action to the extent feasible. If the Sweepstakes is terminated due to tampering or technical difficulties prior to its expiration date, notice will be posted on a page on Sponsor’s website, www.dailyburn.com/life (the “Sponsor Website”).
8. LIMITATIONS OF LIABILITY.
Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Sponsor is not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet, mobile networks or Sponsor Website, or any combination thereof. Sponsor is not responsible for injury or damage to participants’ or to any other person’s computer related to or resulting from participating in the Sweepstakes.
IN NO EVENT WILL SPONSOR OR THE SWEEPSTAKES PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR PARTICIPATION IN THIS SWEEPSTAKES. THE SWEEPSTAKES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY 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 or consequential damages or exclusion of implied warranties so some of the above limitations or exclusions may not apply to you.
9. DISPUTES; MANDATORY ARBITRATION.
Sponsor’s decisions on all matters relating to this Sweepstakes are final and binding in all respects.
These Official Rules and the Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to principles of conflicts of laws.
ANY DISPUTE BETWEEN YOU AND SPONSOR SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, BY MANDATORY, FINAL, AND BINDING ARBITRATION PURSUANT TO THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. The arbitration shall take place before a single arbitrator, in English, in New York County, State of New York. In no circumstance shall the arbitrator be permitted to award attorneys’ fees, costs, arbitration fees, punitive, treble, exemplary, incidental, or consequential damages, or any damages or losses other than your direct, actual out-of-pocket expenses (i.e., costs associated with entering this Sweepstakes). Any court action to enforce this arbitration provision shall be commenced in the state of federal courts located in New York County, State of New York.
11. WINNERS LIST/RULES REQUESTS.
For the name of each Winner or to request a copy of the official rules, mail a self-addressed stamped envelope indicating either “Daily Burn Sweepstakes Winners List” or “Daily Burn Sweepstakes Rules Request” for receipt by June 30, 2014 to:
Daily Burn, Inc.
555 W. 18th Street
New York, NY 10011
Attn: Legal Department
The Sweepstakes is sponsored by Daily Burn, Inc., 555 W. 18th Street, New York, NY 10011.