Rules
of the Contest
Please read the Official Rules and Regulations ("Official Rules") of the Personal Best Fitness LLC and The Sponsors (Team Nashville, Nashville on the Market) of the 28/29 Day Run Challenge ("Contest"). You must agree to accept and comply with the Official Rules to participate in the Contest.
No purchase necessary to enter or win. A purchase does not increase or improve your chances of winning. The odds of winning depend solely on the number of eligible entries received during the Contest period.
Contest Description
The Contest will commence on February 1st, 2020, beginning at 12 a.m. Central
Daylight Time (CDT) and will end on February 29th, 2020, at 11:59 p.m (CDT).
This period will be referred to as the "Contest Period." Personal
Best Fitness' web servers are the official time keeping device for the Contest.
Eligibility
The Contest is open only to legal residents of the United States and the
District of Columbia ("U.S.") who are at least twelve (12) years of
age on the date of the Contest Entry submission ("Entrant"). There
are no grand prizes, therefore employees, directors and officers and their
immediate families (spouses and siblings, parents and children and their spouses)
and household members of Personal Best Fitness LLC and The Sponsors are
eligible. Further, all entrants must be registered. All entrants must track
their daily mile/s using a pedometer, treadmill, GPS or similar step-tracking
device. In addition, eligibility to receive prizes in the Contest is contingent
upon fulfilling all requirements set forth herein. Void where prohibited by
law.
Administration of the
Contest
Personal Best Fitness LLC and The Sponsors maintain complete and sole
discretion relative to all decisions as to the administration and operation of
the Contest and the selection of potential winners. Moreover, any decision by
Personal Best Fitness LLC or The Sponsors relative to the administration and
operation of the Contest and/or the selection of potential winners is final and
binding in all matters related to the Contest. By entering in the Contest each
Entrant unconditionally accepts and agrees to comply with and abide by these
Official Rules and the decisions of Personal Best Fitness LLC and The Sponsors which
shall be final and binding in all respects. Personal Best Fitness LLC and The
Sponsors reserve the right in their sole discretion to disqualify any
individual who is found to be logging mileage by other persons or steps in
excess of what was recorded by a pedometer or other device, or who is found to
be tampering with the entry process, the operation of the Contest, to be acting
in violation of these Official Rules, or to be acting in an unsportsmanlike-like
or disruptive manner, or with the intent to disrupt or undermine the legitimate
operation of the Contest, or to annoy, abuse, threaten or harass any other
person. Personal Best Fitness LLC and The Sponsors reserve the right to
seek damages and other remedies from any such person to the fullest extent
permitted by law.
Agreement to the Official Rules
By participating in the Contest, each Entrant (or if the Entrant is not of the
age of majority in his/her state of residence, his/her parent or legal
guardian) fully and unconditionally agrees to and accepts these Official Rules
and the decisions of Personal Best Fitness LLC and The Sponsors which are final
and binding in all matters related to the Contest. Winning any prize is
contingent upon fulfilling all
requirements set forth herein.
How to Enter
Register on our website. Record your miles on our website. . Limit one (1)
Entry per person or email address. In the event more than one (1) Entry is
received from any one person or email address, the first Entry processed will
be considered the only valid Entry received for that Entry period. Personal
Best Fitness LLC and The Sponsors are not responsible for lost, late,
incomplete, invalid, unintelligible, misdirected, or corrupted entries whether
due to a technical error or otherwise. In the event of any dispute as to an
Entrant's registration or participation in the Contest, the authorized account
holder of the email address used to register will be deemed to be the Entrant.
The "authorized account holder" is the natural person assigned an
email address by an Internet access provider, online service provider or other
organization responsible for assigning email addresses for the domain
associated with the submitted address. Potential winners may be required to
show proof of being the authorized account holder.
Winner Selection Specific Prize Disclaimers
Personal Best Fitness LLC and The Sponsors disclaims any and all liability for
any delays, misdelivery, loss, or failure in the delivery of any prize sent by
mail, courier, express, electronic transmission, or other delivery method.
Consumer Disclosure
An Entrant's entry and participation in the Contest does not guarantee that he
or she has won or will win a prize. No purchase is necessary for entry or
participation in the Contest. Prizes will be awarded only if the Entrant fully
complies with these Official Rules. Prizes will be awarded upon the completion
of each week in the Contest. Prizes will be emailed to the Entrants registered
email address. If a potential winner of any prize cannot be contacted, or
fails to pick up their prize within 30 days from the completion of the contest,
that potential winner forfeits the prize. Prizes are nonassignable and
nontransferable.
General Conditions and Release
By participating, Entrant (and if an eligible minor, their parents or legal
guardians) agree to (a) release Personal Best Fitness LLC. and The Sponsors.,
and their
respective directors, officers, agents and employees from any and all liability
for any claims, costs, injuries, losses or damages of any kind caused by (i)
Entrant's participation, including the unauthorized or illegal access to
personally identifiable or sensitive information or the acceptance, possession,
use, or misuse of the prize; (ii) the sponsorship or administration of the
Contest; and (iii) Entrant's and/or any third party's use, sale or disposal of
the prize; (b) acknowledge that said parties have neither made nor are in any
manner responsible or liable for any warranty, representation or guarantee,
expressed or implied, in fact or in law, relative to the prize. Neither
Personal Best Fitness LLC nor The Sponsors nor any service providers are
responsible for incorrect or inaccurate transcription of Entry information, or
for any human or other error, technical malfunctions, lost/delayed data or
voice transmission, omission, interruption, deletion, defect, line failures of
any telephone network, computer equipment, software, inability to access any
online service or Web site or to complete a telephone call or facsimile
transaction, or any other error or malfunction, or late, lost or misdirected
mail, or any injury or damage to entrant's or any other person's computer
related to or resulting from participation in this Contest. ANY ATTEMPT BY AN
ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE, TAMPER
WITH THE ENTRY PROCESS, OR OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THE
CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN
ATTEMPT BE MADE, PERSONAL BEST FITNESS LLC. AND THE SPONSORS. RESERVE THE
RIGHT TO COOPERATE IN THE PROSECUTION OF ANY SUCH INDIVIDUAL(S) AND TO PURSUE
ALL REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW. Failure to enforce any
term of these Official Rules shall not constitute a waiver of that provision.
If for any reason the Contest is not capable of being executed as planned, or
infection by computer virus, bugs, tampering, unauthorized intervention, fraud,
action of Entrants, technical failures or any other causes which in the opinion
of Personal Best Fitness LLC and The Sponsors., corrupt or affect the
administration, security, fairness, integrity, or proper conduct of this
Contest, Personal Best Fitness LLC. and The Sponsors reserve the right at their
sole discretion to disqualify any suspect Entry or Entrant and/or to cancel,
terminate, modify or suspend the Contest. In the event of any cancellation,
termination or suspension, notice thereof will be posted at www.PersonalBestFitness.com.
Entries not complying with all rules are subject to disqualification.
Limitation of Liability
In no event will Personal Best Fitness LLC or The Sponsors be responsible or
liable for any damages or losses of any kind, including direct, indirect,
incidental, consequential or punitive damages arising out of access to and use
of the Personal Best Fitness LLC or The Sponsors, Web site, or the downloading from and/or
printing material downloaded from said Web sites. Without limiting the
foregoing, everything on the Web sites is provided "AS IS" without
warranty of any kind, either express or implied, including but not limited to,
the implied warranties of merchantability, fitness for a particular purpose or
non-infringement. Some jurisdictions may not allow the limitations or exclusion
or liability for incidental or consequential damages or exclusion of implied
WARRANTIES; therefore, some of the above limitations or exclusions may not
apply. Check local laws for any restrictions or limitations regarding these
limitations or exclusions.
Indemnification
By entering, entrants agree to release, defend, hold harmless and indemnify
Personal Best Fitness LLC and The Sponsors and their parents, subsidiaries,
affiliates, contractors, directors, officers, employees and agents against any
and all liability, damages of any kind, costs, losses, or causes of action (however
named or described), with respect to or arising out of, in whole or in part,
directly or indirectly: (i) any injuries, losses, or damages of any kind
occasioned by his or her participation in the Contest or any Contest-related
activity, including but not limited to any claims for damage to property,
personal injury, death or claims based on defamation, rights of privacy, or
rights of publicity; (ii) any damage to his or her cellular telephone or
computer relating to or resulting from entering or downloading materials or
software in connection with entering the Contest; or (iii) any injuries,
losses, or damages of any kind caused by his or her acceptance, possession, use
or misuse of a prize awarded in the Contest, including but not limited to any
claims for damage to property, personal injury, death or claims based on
defamation, rights of privacy, rights of publicity or merchandise delivery.
False or deceptive entries or acts will render entrant ineligible.
Disputes
Entrants (and, if an eligible minor, their parents and legal guardians), agree
that (a) any and all disputes, claims and causes of action arising out of, or
connected with, the Contest, or any prize awarded shall be resolved
individually, without resort to any form of class action, and exclusively by
the United States District Court for the State of Tennessee in Nashville,
Tennessee; (b) any and all claims, judgments, and awards shall be limited to
actual out-of-pocket costs incurred, including costs associated with entering
this Contest but in no event attorneys' fees; and (c) under no circumstances
will Entrant be permitted to obtain awards for, and Entrant hereby waives all
rights to, claim punitive, incidental and consequential damages and any other
damages, other than out-of-pocket expenses, and any and all rights to have
damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE
LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the
construction, validity, interpretation and enforceability of these Official
Rules, Entrant's rights and obligations, or the rights and obligations of
Personal Best Fitness LLC. and The Sponsors in connection with the Contest,
shall be governed by, and construed in accordance with, the laws of the state
of Tennessee without giving effect to any choice of law or conflict of law
rules (whether of Tennessee or any other jurisdiction), which would cause the
application of the laws of any jurisdiction other than Tennessee.
Privacy
The Privacy Policies of Personal Best Fitness LLC and The Sponsors are
incorporated by reference herein and made a part of these Official Rules,
except in those limited cases where these Official Rules expressly expand, modify,
or contradict said Privacy Policies. In those circumstances these Official
Rules will govern the privacy relationship between Personal Best Fitness LLC., The
Sponsors and Entrants.
Winners List
For any legally-required list of winners or a copy of these Official Rules,
send a self-addressed, stamped envelope, to: Personal Best Fitness, 5120
Virginia Way Suite B22, Brentwood TN 37027, "Attention: Winners List 28
Day Challenge" within forty-five (45) days after the end of the Contest
Period.
Modification of Official Rules
Personal Best Fitness LLC and The Sponsors reserve the right in their sole
discretion to modify its Official Rules and operative dates at any time for any
reason. Material modifications will be announced prominently on www.PersonalBestFitness.com,
when practical. By participating in the Contest, an Entrant agrees to be bound
by these Official Rules, any modifications thereof, and by all other rules
imposed by Personal Best Fitness LLC. and The Sponsors.