THE “SET THE BARRE” CHALLENGE
NO PURCHASE NECESSARY
PURCHASE DOES NOT INCREASE CHANCES OF WINNING
OFFER VOID WHERE PROHIBITED OR RESTRICTED BY LAW
1. ELIGIBLE PARTICIPANTS. The “Set the Barre” Challenge (the “Promotion”) is open to people who (a) at the time of entry, are at least 18 years of age and legal residents of the United States or Canada, and (b) submit Qualified Entries (defined below) during the period from 2:00:00am (eastern time) on January 2, 2017 through 11:59:59pm (eastern time) on January 31, 2017 (the “Promotion Period”). The owners, officers, directors, employees and contractors (and, in each case, their immediate family members and, whether or not related, the persons living in their household) of the following are not eligible to participate in the Promotion: (1) the Sponsor and its affiliated companies, (2) Sponsor’s advertising, marketing, public relations, promotion, social media, and judging agencies (collectively the “Promotion Parties”), and (3) franchisees of Sponsor or its affiliates.
2. QUALIFIED ENTRIES. To enter, Eligible Participants must go to purebarre.com/setthebarre and, following the instructions appearing there, create a photo graphic, then download and share the photo graphic on their public Instagram or Twitter accounts using #SetTheBarre in the caption. Private Instagram or Twitter account submissions will not qualify. The entry is not considered “submitted” unless and until all steps described above have been accurately completed. Each Eligible Participant who submits a Qualified Entry during the Promotion Period will be eligible for selection by Sponsor to win a prize as described in paragraph 3 below. While multiple Qualified Entries are permitted, each Eligible Participant selected by Sponsor for a prize (as described in paragraph 3 below) may win only one (1) prize.
Use of any automated system to enter is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected entries, or technological or operator failures that prevent an Eligible Participant from submitting a Qualified Entry during the Promotion Period. In the event of a dispute as to any entrant, the authorized account holder of the social media account used to enter will be deemed to be the entrant. Potential winners of any prize may be required to show proof of being the authorized account holder to be awarded the prize. All entries become the sole and exclusive property of Sponsor and will not be returned or cancelled.
When submitting an entry through purebarre.com/setthebarre, for all copyrightable material included therein (including but not limited to photographs and written answers to questions) you grant to Sponsor and its designees the non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable, right to use, exhibit, reproduce and/or otherwise exploit such copyrightable material in any manner and in any and all distribution channels, venues or media now known or hereafter devised, without further notice or any compensation to you. You hereby agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against Sponsor and the Promotion Parties and each of their affiliates, licensees, or any other person in connection with this Promotion, on the grounds that any use of any such copyrightable material, or any derivative works thereof, infringe or violate any of your rights therein. You further agree, upon Sponsor’s request and without compensation, to sign any and all necessary and appropriate documents so as to effect, perfect or record the grant of rights described in this paragraph.
3. SELECTION OF WINNERS AND NOTIFICATION. After the end of the Promotion Period, Sponsor will compile a list of Eligible Participants and Qualified Entries from Twitter.com and Instagram.com. Eighty four (84) Qualified Entries (the “Prize Winning Entries”) will be selected by Sponsor to receive a prize based on Sponsor’s assessment of the originality, creativity, and quality of the photo and its portrayal of the Set the Barre theme. Not later than February 15, 2017, Sponsor will select from the 80 Prize Winning Entries six (6) Grand Prize winners and seventy-eight (78) Second Place prize winners.
Notification: If you are a prize winner, Sponsor or its designated agency will notify you via the social media platform you submitted your entry on. You must respond within a 72-hour time period from the date and time stamp the message was sent from Sponsor or its designated agency. If your reply is not received within the time requested, the prize will be deemed undeliverable and will result in forfeiture, in which case, Sponsor will select an alternate winner.
4. PRIZES AND PRIZE RESTRICTIONS. Each of the six (6) Grand Prize winners will receive a Pure Barre-branded tank shirt selected by Sponsor and one (1) month of free, unlimited Pure Barre® classes to be taken at the Pure Barre studio of their choice, must be taken only in one Studio, and must be taken during a 30-consecutive-day period as arranged between the winner and the Studio’s owner. Classes are subject to availability, and participation will require registration in accordance with the Studio’s normal policies and practices. Approximate Retail Value (“ARV”) of each Grand Prize package is $333, and the approximate aggregate value of all Grand Prizes is $1,998. Each of the seventy eight (78) Second Place prize winners will receive a Pure Barre-branded tank shirt selected by Sponsor. Approximate Retail Value (“ARV”) of each Second Place prize is $38, and the approximate aggregate value of all Second-Place prizes is $2,964.
Prizes may not be transferred, sold or assigned by the winner. Grand Prize winners may not extend the time for taking classes. Winners may not substitute any prize for cash or other value; however, Sponsor reserves the right to substitute prizes so long as any substituted prize has an approximately equivalent retail value. Federal, state and local taxes are the responsibility of the winner. If required by law, Sponsor will issue a 1099_MISC or other required documentation to each winner for the value of a prize.
5. BINDING EFFECT. By submitting your entry you agree to be bound by these Official Rules and failure to comply with these Official Rules may result in disqualification. All federal, state and local laws apply.
6. GENERAL CONDITIONS OF PARTICIPATION. Sponsor’s decisions are final on all matters related to this Promotion. Sponsor and its Promotion Parties are not responsible for incomplete, lost, late, delayed or garbled applications or emails, incorrect or inaccurate capture of entry information, including but not limited to technical malfunctions, human or technical error, omission, interruption, deletion, defect or failures of any telephone or computer line or network, computer equipment, so are or any combination thereof.
All entries submitted become the property of Sponsor. Sponsor reserves the right, without prior notice, to terminate this Promotion, in whole or in part, or modify this Promotion in any way, and for any reason, including without limitation, if Sponsor determines in its sole discretion, that fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity of the Promotion. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or to be acting in violation of these Official Rules. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion 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 that provision.
By participating in this Promotion, participant releases and agrees to hold harmless Sponsor and its Promotion Parties from any and all liability with respect to acceptance, possession or use (misuse), or failure to use any matters arising out of or relating to this Promotion or any prize.
7. PUBLICITY RELEASE. By entering the Promotion, you grant to Sponsor the unrestricted, absolute, perpetual, worldwide right and license to use your name, address, photograph, likeness, voice, biographical and personal background information, statements, and, without limitation, any notes, photograph, film, or video or audio tape that may be taken of you or of such materials (the foregoing, collectively, the “Content”), without further compensation, consideration, or notice or permission to you or to any third party, and to reproduce, copy, modify, create derivative works of, display, perform, exhibit, distribute, transmit or broadcast, publicly or otherwise, or otherwise use and permit to be used the Content or any part thereof, whether alone or in combination with other materials (including but not limited to text, data, images, photographs, illustrations, and graphics, video or audio segments of any nature), in any media or embodiment now known or hereafter developed (including but not limited to any format of any computer-based, Internet-based, electronic, magnetic, digital, laser or optical-based media), in connection with Sponsor, or its designee’s, advertising, promotion, publicity, trade, sweepstakes or sweepstakes promotions, activities, or materials in connection with the Pure Barre® mark. If Sponsor so elects, a potential winner may be required to submit to a confidential background check to confirm eligibility and help ensure that the use of such person in advertising or publicity for the Promotion will not bring any of the Promotion Parties into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Promotion or any of the Promotion Parties, as solely determined by Sponsor.
9. SPONSOR. The Promotion is sponsored by Pure Barre, LLC with headquarter offices at 100 Dunbar Street, Suite 301, Spartanburg, SC, 29306, (864) 594-5712.
10. LIST OF WINNERS. The winners may be announced on Sponsor’s social media outlets and its website, however, you may also receive the name of the winners by sending a self-addressed, stamped envelope to Sponsor, Marketing Department at Sponsor’s address no later than 60 days from end date of the Promotion Period. Residents of Vermont may omit return postage.
11. DISPUTES. By entering the Promotion, you agree that: (a) any and all disputes, claims and causes of action arising out of or connected with this Promotion, other than the administration of the Promotion, shall be resolved individually, without resort to any form of class action, and exclusively by a court having competent jurisdiction located in Spartanburg, South Carolina; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion but in no event attorneys’ fees; and (c) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to, claim punitive, incidental or consequential damages and any other damages, other than for actual 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, or the rights and obligations of the entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of South Carolina U.S.A., without giving effect to any choice of law or conflict of law rules.
12. DISCLAIMER OF WARRANTIES. SPONSOR MAKES NO WARRANTIES, AND HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, CONCERNING ANY PRIZE IN CONNECTION WITH THE PROMOTION. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY.