BOSTON HALF CONTEST OFFICIAL RULES

OFFICIAL RULES

NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. OPEN TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES OR THE DISTRICT OF COLUMBIA), EIGHTEEN (18) YEARS OF AGE OR OLDER, WHO ENTER FROM WITHIN THE FIFTY (50) UNITED STATES OR THE DISTRICT OF COLUMBIA. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED. VOID WHERE PROHIBITED.

BY ENTERING THE CONTEST, YOU UNCONDITIONALLY AND IRREVOCABLY AGREE TO BE BOUND BY THESE RULES, WHICH IS A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. AMONG OTHER THINGS, THESE RULES INCLUDE A LIMITATION OF YOUR LEGAL RIGHTS AND REMEDIES. WE DRAW YOUR ATTENTION TO THE RELEASE AND LIABILITY SECTION OF THESE RULES.

1. SPONSOR: iFIT, Inc. (“Sponsor”), 1500 South 1000 West, Logan, Utah 84321, United States of America.

2. ELIGIBILITY: The Boston Half Contest (the “Giveaway”) is only open to legal residents of the fifty (50) United States and the District of Colombia, who are at least eighteen (18) years of age or older, all at the time of entry. Employees, contractors, directors, officers, and agents (each, a “Representative”) of Sponsor or Sponsor’s parent, affiliates, subsidiaries, distributors, sales representatives, and advertising, promotion, and judging agencies, and all other service agencies involved with the Giveaway, and members of the immediate family (spouse, parent, child, sibling, and their respective spouses, regardless of where they reside) and household of each such Representative (whether or not related) are not eligible to enter or win. The Giveaway is subject to all applicable federal, state, and local laws and regulations and is void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Boston Half Contest Official Rules (the “Official Rules”) and Sponsor’s decisions, which are final and binding in all matters related to the Giveaway. Winning a prize is contingent upon fulfilling all requirements set forth herein.

3. ENTRY PERIOD: The Giveaway begins on September 18, 2024, at 12:00:01 a.m. Pacific Time] (“PT”) and ends on September 25, 2024, at 11:59:59 p.m. PT (the “Entry Period”). All entries must be received before the Entry Period’s end time/date to be valid.

4. HOW TO ENTER: 

For a chance to win a race bib to the 2024 Boston Half presented by Dana-Farber Cancer Institute and the Jimmy Fund, taking place on November 10, 2024 (the “Boston Half”), all entrants must submit their information via the following Google Form link (posted on Sponsor’s Instagram and Facebook pages). All entries must be received during the Entry Period. Entries received outside the Entry Period will result in disqualification. LIMIT ONE (1) ENTRY PER PERSON, AND ONE (1) PRIZE (RACE BIB) PER PERSON. Sponsor will select up to 25 social media applicants and 5 iFIT employees. 

5. ENTRY REQUIREMENTS: Individuals who do not follow all of the instructions, provide the required information, and abide by the Official Rules or other instructions of Sponsor may be disqualified. Entries must comply with the Entry (defined below) requirements set forth herein to be valid. As used herein, “Entry” (and/or “Entries”) refers to all content you submit in connection with the Giveaway (including, but not limited to, photos, answers, descriptions, explanations, hashtags, tags, tag names, etc.), if any. Sponsor reserves the right to remove any Entry that does not adhere to the Entry requirements, as determined in Sponsor’s sole discretion, and/or disqualify the entrant. Entries must be in English. By submitting an Entry into the Giveaway, you hereby warrant and represent that your Entry conforms to all Entry requirements set forth herein.

If you choose to enter using your mobile device, standard data rates may apply. See your wireless service provider for pricing plan details and capabilities.

Sponsor’s computer is the official time-keeping device for the Giveaway. 

Automated entries are prohibited, and any use of automated devices will cause disqualification. Entrants may not enter with multiple e-mail addresses nor may entrants use any other device or artifice to enter multiple times or as multiple entrants. Any entrant who attempts to enter with multiple e-mail addresses, under multiple identities/accounts, or uses any device or artifice to register multiple times will be disqualified and forfeit any and all prizes won, in Sponsor’s sole discretion. Multiple entrants are not permitted to share the same e-mail address. Should multiple users of the same e-mail account enter the Giveaway and a dispute thereafter arise regarding the identity of the entrant, the authorized account holder of said e-mail account at the time of entry will be considered the entrant. “Authorized Account Holder” is defined as the natural person who is assigned an e-mail address by an Internet access provider, online service provider, or other organization that is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address. A potential winner may be required to show proof of being the Authorized Account Holder.

Each entrant represents and warrants that their Entry is the original work of such entrant, it has not been copied from others, it has not previously won awards, it does not violate the rights of any other person or entity, and publication of the Entry, via various media including Web posting, will not infringe on the rights of any third party. Any such entrant will indemnify and hold harmless the Released Parties (defined below) from any claims to the contrary. Any entrant whose Entry includes likenesses of third parties or contains elements not owned by the entrant (such as, but not limited to, depictions of persons, buildings, trademarks, or logos) must be able to provide legal releases for such use, including Sponsor’s use of such Entry, in a form satisfactory to administrator, upon request, prior to Sponsor awarding the prize and/or naming of entrant as a winner.

By submitting an Entry, you agree that your Entry is gratuitous and made without restriction, and will not place Sponsor under any obligation, that Sponsor is free to use or otherwise disclose the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you.  You acknowledge that, by acceptance of your Entry, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than you.

BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES AND AGREES THAT THE ENTRY MAY BE POSTED ON SPONSOR’S WEBSITE OR ELSEWHERE ON THE INTERNET AS AUTHORIZED BY SPONSOR, AT SPONSOR’S SOLE DISCRETION. Submission of the Entry grants Sponsor and its agents an unlimited, worldwide, and perpetual license and right to publish, use, and publicly perform the Entry in any way, in any and all media, without limitation, and without consideration to the entrant. For this purpose, each entrant hereby waives any moral rights the entrant may have in the Entry in favor of Sponsor.

All Entries you submit must conform to the additional Entry requirements set forth herein:

• The Entry must comply with the Official Rules;
• The Entry cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, or contain nudity or any materially dangerous activity;
• The Entry cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
• The Entry cannot be obscene or offensive or endorse any form of hate or hate group;
• The Entry cannot defame, misrepresent, or contain disparaging remarks about Sponsor or its products, or other people, products, or companies;
• The Entry cannot infringe trademarks, logos, or trade dress owned by others, or advertise or promote any brand or product of any kind (other than Sponsor’s brands/products), without permission, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses, or street addresses;
• The Entry cannot infringe on copyrighted materials owned by others (including photographs, sculptures, paintings, or other works of art or images published on or in websites, television, movies, or other media) without permission, nor may the Entry violate any third party’s moral rights;
• Sponsor does not permit the infringement of others’ rights and any use of materials not original to the entrant (except copyrighted materials owned by Sponsor) is grounds for disqualification from the Giveaway;
• No background artwork should appear in an Entry unless it is an original work of the entrant. Any artwork, murals, etc. that can be seen in the Entry must be created solely by the entrant or entrant must be the sole owner of all copyright interests therein;
• The Entry cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission;
• The Entry cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate (as determined by Sponsor in its sole discretion); and
• The Entry cannot depict any violation of law, and cannot itself be in violation of any law.

ENTRIES SUBMITTED AND/OR POSTED ON SOCIAL MEDIA ARE NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants. Sponsor reserves the right to waive the Entry requirements set forth herein at Sponsor’s reasonable discretion. Sponsor reserves the right, in its reasonable discretion, during or upon completion of the Entry Period, to request that any entrant resubmit an Entry that fails to comply with the Entry requirements prior to any drawing.

6. MAIL-IN ENTRY: To enter without submitting your information via the Google Form link on Instagram or Facebook, you may, on an index card, hand-write the title of the Giveaway, and your full name, complete address, and e-mail address in English, and mail the index card via first-class mail in a properly stamped envelope to: Boston Half Marathon Contest, 1500 South 1000 West, Logan, Utah 84321, United States of America (a “Mail-in Entry”). Mail-in Entries must be received at the above address by September 23, 2024, at 11:59:59 pm PT to be eligible. Only one (1) entry per stamped outer envelope during the Giveaway. All Mail-in Entries must be mailed in separately. Sponsor is not responsible for late, lost, damaged, illegible, or postage-due mail. Only one (1) Mail-in Entry per person shall be valid during the Giveaway. Sending multiple Mail-in Entries will not increase your chances of winning.

7. PRIZES: 

25 social media race bibs and 5 ifit employees race bibs (each, a “Prize”) to the Boston Half. Each winner will receive one (1) race bib Prize. The total approximate retail value (“ARV”) of each Prize is $10 (USD). Each Prize will be emailed to a winner at the email address provided in the official entry form within 2 days of closing the deadline. This is for an invitation to register for the Boston Half. Once selected, winners are required to complete registration (see Section 8), which includes paying the Boston Half registration fee of $100 plus any additional fees. Winners are responsible for all expenses incurred in attending the Boston Half, including, without limitation, all travel, hotel, entry fees and transport costs.

The difference between the approximate retail value and the actual value of the Prize will not be awarded to the winner. Prizes are non-transferable and no cash equivalent or substitution of the prize is offered, except at the sole discretion of the Sponsor (or to the extent required by applicable law).

Each winner will be solely responsible for all federal, state, and/or local taxes, and for any other fees or costs associated with the Prize they receive, regardless of whether it, in whole or in part, is used.

8. DRAWING AND WINNER NOTIFICATION:

On or around September 27, 2024, Sponsor will randomly select 25 social media applicants and 5 ifit employee potential winner(s) from and among all eligible Entries received. Odds of winning a prize depend on the number of eligible Entries received during the Entry Period. Sponsor’s decisions are final and binding in all aspects.

On or around September 27, 2024, Sponsor will notify each potential winner of the Giveaway via email (at the email address in the winner’s official entry form). Such potential winners will be required to respond to such notification within 48 hours via an email response, in order for Sponsor to accurately capture each winner’s name and address. Sponsor will then email each winner a link to complete the registration form and submit payment for the Boston Half registration fee, which must be completed and successfully submitted prior to the race on November 10, 2024. Race bibs will be mailed to winners that complete registration on or before October 11, 2024. For winners that complete registration after October 11, 2024, race bibs will be available for pickup at the race location. More details will be sent to winners from Boston Half regarding race bib pickup and location. 

Potential winners are subject to verification. The potential winner may be disqualified and the applicable Prize may be forfeited in Sponsor’s sole discretion if: (a) a potential winner is found not to be eligible or not in compliance with the Official Rules; (b) attempted notification is returned as undeliverable; (c) any required documents or registration is not returned or completed within the required number of days; (d) a potential winner cannot be verified; or (e) a potential winner is otherwise unable or unwilling to accept and claim the Prize as stated. In the event that a potential winner is disqualified for any reason, the Giveaway Jury reserves the right to award the Prize to another finalist.

Winners may be required to complete, sign, and return an Affidavit of Eligibility/Liability Release and a Publicity Release within five (5) business days of attempted notification, or the Prize may be forfeited. A Prize won by an entrant who is an eligible minor in the entrant’s state of residence will be awarded to the minor’s parent or legal guardian, who must sign and return all required documents. 

Sponsor is not responsible for any change of email address, mailing address, and/or telephone number of entrants.

9. Release and Liability: As a condition of entering, to the extent permitted by applicable law, entrants agree (and agree to confirm in writing): (a) to release Sponsor, its affiliates, subsidiaries, retailers, and agents, and its and their Representatives, and Instagram and Facebook (collectively, the “Released Parties”), from any and all liability, loss, or damage incurred with respect to the awarding, receipt, possession, and/or use or misuse of any prize or any item redeemed therewith; (b) under no circumstances will any entrant be permitted to obtain awards for, and entrant hereby knowingly and expressly waives all rights to claim, punitive, incidental, consequential, indirect, or any other damages, other than for actual out-of-pocket expenses and/or any rights to have damages multiplied or otherwise increased; (c) all causes of action arising out of or connected with the Giveaway, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred (if any), excluding attorneys’ fees and court costs.

10. Publicity: Except to the extent prohibited by applicable law and in accordance with the terms of the Privacy Policy, each winner grants (and agrees to confirm this grant in writing, if requested) permission for Sponsor and those acting under its authority to use his/her name, photograph, and/or likeness, for advertising and/or publicity purposes in any and all media now known or hereinafter invented without territorial or time limitations and without compensation.

11. General Conditions: 

Sponsor is not responsible for lost, late, misdirected, undelivered, incorrect, or inaccurate entry information or for incomplete, inaccurate, lost, interrupted, or unavailable network, satellite, telephone networks or lines, cellular towers or equipment (including handsets), computer online systems, computer equipment, software, viruses or bugs, servers or providers, or other connections, availability or accessibility; or for unauthorized access to, or alteration of entries; or miscommunications, failed computer, telephone, cellular, satellite, or cable transmissions, lines or other technical failure; or for jumbled, scrambled, delayed, or misdirected transmissions, computer hardware or software malfunctions, failures or difficulties; or for any other errors of any kind, whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Giveaway or by any technical or human error which may occur in the processing of the entries. Sponsor reserves the right to cancel, suspend, and/or modify the Giveaway, or any part of it, if any fraud, bugs, virus, technical failures, or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Giveaway, as determined by Sponsor in its sole discretion. 

Sponsor is not responsible for computer system, phone line, hardware, software or program malfunctions, or other errors, failures, or delays in computer transmissions, the website, or network connections that are human or technical in nature. 

Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process, the website, or the operation of the Giveaway, or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Giveaway may be 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 the Official Rules shall not constitute a waiver of that provision.

If any Section of these Official Rules is or becomes invalid, illegal, or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of the Official Rules.

12. Dispute Resolution: 

(a) In the event of any dispute arising out of or relating to the Giveaway and/or the Official Rules, including, without limitation, formation, validity, interpretation, construction, operation, performance, breach and associated remedies, termination or cancellation, and enforcement (a “Dispute”), the parties shall use their best efforts to settle the Dispute through correspondence, mutual consultation, and other mediating efforts. Any Dispute that is not able to be resolved in this manner shall be settled exclusively by binding arbitration in Salt Lake City, Utah, under the arbitration rules of the American Arbitration Association (“AAA”). All arbitration proceedings hereunder, including submissions, documents, statements, and testimony, will be in the English language, before an arbitration tribunal made up of three (3) arbitrators, one of which will be selected by each of the parties and the third of which will be selected by the other two arbitrators. If the two arbitrators are unable to agree on the selection of the third arbitrator within thirty (30) days, the third arbitrator will be selected according to the rules established by the AAA. The decision of the arbitrators shall be final and binding upon the parties, not subject to appeal, and shall deal with the questions of costs of the arbitration and all matters related thereto. Judgment upon any arbitral award may be entered and enforced in any court of competent jurisdiction. The arbitral tribunal is not authorized and shall have no power to award punitive, exemplary, or multiplier damages, and the parties hereby waive and disclaim any right to seek or recover the same. In the event either party commences any arbitration proceedings (or other legal action) arising out of or relating to the Giveaway and/or the Official Rules, each party will bear its own costs, including attorneys’ fees, in connection with such proceedings. 

(b) THE ARBITRATION OF DISPUTES PURSUANT TO THIS SECTION 12 SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS GIVEAWAY IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THE OFFICIAL RULES. 

(c) BY PARTICIPATING IN THE GIVEAWAY, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE GIVEAWAY, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND (2) ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY SET FORTH ABOVE AND IN SECTION 9(B)-(D), SO SUCH LANGUAGE MAY NOT APPLY TO EVERY ENTRANT.

13. Governing Law & Jurisdiction: 

The Giveaway and the Official Rules are subject to all applicable federal, state, and local laws and regulations. The parties specifically agree that the United Nations Convention on Contractors for the International Sale of Goods shall not apply to the Giveaway and/or the Official Rules.

The Giveaway and the Official Rules shall be governed by, and construed in accordance with, the laws of the State of Utah, other than such laws, rules, regulations, and case law that would result in the application of the laws of a jurisdiction other than the State of Utah. Entrant irrevocably consents to, and agrees that entrant is subject to, the exclusive jurisdiction of the state and federal courts located in Salt Lake City, Utah, with respect to any legal action brought under or in connection with the subject matter of the Giveaway and/or the Official Rules. Entrant irrevocably waives any objection to the laying of the venue of any legal action brought under or in connection with the subject matter of the Giveaway and/or the Official Rules in the state or federal courts sitting in Salt Lake City, Utah, and agrees not to plead or claim in such courts than any such action has been brought in an inconvenient forum. Further, the parties specifically agree that the United Nations Convention on Contractors for the International Sale of Goods shall not apply to the Giveaway and/or the Official Rules.

14. Entrant’s Personal Information: Sponsor may collect and use personal information (such as names, email addresses, and phone numbers) to conduct the Giveaway and may disclose this information to third parties as required for this purpose. Sponsor may use this personal information to contact entrants about future promotions carried out by Sponsor. Sponsor will manage entrants’ personal information in accordance with its Privacy Policy. If you are selected as a winner, your information may also be included in a publicly available winner’s list.

15. Winner’s List: For a list of winners, mail a self-addressed, stamped envelope to: Boston Half Marathon Contest, 1500 South 1000 West, Logan, Utah 84321, United States. Winner List requests will only be accepted after the Entry Period end date. Requests must be received by September 30, 2024.

© 2024 iFIT, Inc.

The Giveaway is in no way sponsored, endorsed, or administered by, or associated with Instagram or Facebook. You are providing your information to Sponsor, and not to Instagram or Facebook. Any questions, comments, or complaints regarding this Giveaway shall be directed to Sponsor and not to Instagram or Facebook.