AKT My Workout is Better Than Yours Trivia Challenge
NO PURCHASE OR PAYMENT OF MONEY IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE OR PAYMENT OF MONEY WILL NOT IMPROVE THE CHANCES OF WINNING.
SPONSOR/ADMINISTRATOR: The “AKT My Workout is Better Than Yours Trivia Challenge” Contest (the “Contest”) is sponsored by AKTinMotion, Inc. (“AKT”) 244 East 84th Street, 4th Floor, New York 10028 (referred to herein as the “Sponsor”), and administered by Anna Kaiser and AKTinMotion, Inc. (“AKT”) both with offices at 244 East 84th Street, 4th Floor, New York 10028 ( collectively referred to herein as the “Administrator”).
ELIGIBILITY: The Contest is open only to permanent, legal United States (“U.S.”) residents who are physically residing in one (1) of the fifty (50) United States or the District of Columbia (excluding Puerto Rico, Guam, the Virgin Islands and other United States territories) and who are eighteen (18) years of age or older and of the age of majority in their state of residence as of the start of the Contest Period. Employees, officers and representatives of Sponsor, Administrator, and any of their respective parent companies, affiliates, franchisees, licensees, distributors, suppliers, subsidiaries, retailers, advertising/promotion agencies and members of the immediate family (mother, father, brothers, sisters, sons, daughters and spouse, regardless of where they reside) and household members of each such employee, whether or not related, are not eligible to participate. Winning a Prize is contingent upon fulfilling all requirements set forth herein. Void in Puerto Rico, the U.S. Virgin Islands, U.S. Military installations in foreign countries, and where prohibited, taxed, or restricted by law.
AGREEMENT TO OFFICIAL RULES: By participating, Entrants agree to abide by and be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to the Contest. Winning the Prize (as described below) is contingent upon fulfilling all requirements set forth herein.
HOW TO ENTER: All entries must be made by the Entrant exclusively through Twitter as provided below. The Contest begins at 7:00:01 p.m. Eastern Time (“ET”) on January 7, 2016 and ends at 11:59:59 p.m. ET on February 3, 2016 (“Contest Period”). The Sponsor’s computer is the official time-keeping device for the Contest. Entrants will be required to correctly answer all of AKT’s weekly trivia question that will be Tweeted on consecutive Thursday evening at 7:00:01 pm ET during the Contest Period. Entrants will not be notified if they have correctly answered the question or not. Answers to the prior week’s questions will be accepted exclusively via Twitter until the presiding Wednesday Evening at 11:59:59 ET.
Limit one (1) entry per person per week.
All required information must be completed to enter and to be eligible to win. Incomplete entries will be disqualified. In order to win the Prize the Entrant must have correctly answered all of the weekly trivia questions as determined by the Sponsor in its sole discretion. If more than one Entrant should correctly answer all of the weekly trivia questions the winner shall be decided by a random drawing as provided below of all eligible entries who answered all of the weekly questions correctly.
Sponsor reserves the right, in its sole discretion, to void any and all entries of an entrant that submits more than the stated maximum limit of entries by using multiple/different addresses, identities, or any other methods, or who Sponsor believes has attempted to tamper with, influence or impair the administration, security, fairness, or proper play of this Contest. Proof of entering information is not considered proof of delivery to or receipt by Sponsor of an entry. Entries made by any other individual or any entity, and/or originating at any other web site or e-mail address, including, but not limited to, commercial Contest subscription notification and/or entering service sites, will be declared invalid and disqualified for this Contest. The use of automated entry devices is prohibited and no mechanically reproduced entries are allowed; all such entries are void. Released Parties are not responsible for: lost, late, incomplete, illegible, incorrect, damaged, delayed, garbled, undelivered, or misdirected entries. All entries become the exclusive property of Sponsor and will not be acknowledged or returned. By participating, you consent for Sponsor to obtain, use, and transfer your name, address and other information for the sole purpose of administering this Contest.
GENERAL CONDITIONS: If for any reason the operation or administration of this Contest is impaired or incapable of running as planned for any reason, including but not limited to (i) infection by computer virus, bugs; (ii) tampering, unauthorized intervention; (iii) fraud; (iv) technical failures or (v) any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Contest in whole or in part, at any time, without notice and award the Prize (defined below) using all non-suspect eligible entries received as of, or after (if applicable) this cancellation, termination, modification or suspension date, or in any manner that is fair and equitable and best conforms to the spirit of these Official Rules. Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be tampering or attempting to tamper with the entry process or the operation of the Contest or Sponsor’s Website, email, or Twitter accounts; or acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON (S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to the identity of a winner based on an email address, the winning entry will be declared by the authorized account holder of the email address submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Contest, Entrants agree to release and hold harmless the Sponsor, the Administrator, Twitter Inc. their respective parents, employees, officers, directors, subsidiaries, affiliates, distributors, sales representatives, advertising and promotional agencies (collectively, the “Released Parties”) from and against any claim or cause of action arising out of participation in the Contest or receipt or use of any Prize, including, but not limited to: (i) any technical errors that may prevent an Entrant from submitting an entry; (ii) unauthorized human intervention in the Contest; (iii) printing errors; (iv) errors in the administration of the Contest or the processing of entries; or (v) injury, death, or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Contest or receipt of any Prize. Released Parties assume 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. Released Parties are 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 or at any website, or any combination thereof, including any injury or damage to Entrant’s or any other person’s computer relating to or resulting from participation in this Contest or downloading any materials in this Contest. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Contest, and in no event shall the Released Parties be liable for attorney fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
DRAWING AND NOTIFICATION: The potential Prize Winner will be selected in a random drawing from among all eligible entries received throughout the Contest Period. The Prize drawing will be conducted by the Administrator, whose decisions are final and binding. The Prize drawing will be conducted on or about February 8, 2016. The potential Prize Winner will be contacted by the Administrator via phone, email and/or by USPS mail. Odds of winning the Prize will depend on the total number of eligible entries received throughout the Contest Period who correctly answered all of the Weekly Trivia questions.
PRIZE & PRIZE CONDITIONS: There will be one (1) Prize awarded. The Prize Winner, upon the Administrator’s confirmation of eligibility, will receive the following:
A Three-Month Streaming Membership to AKT Online. The Approximate Retail Value (“ARV”) of the prize is one hundred fifty ($150.00) US Dollars.
All other expenses not specifically mentioned herein are the responsibility of the Prize Winner. The Sponsor is not responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever.
If actual value of a Prize is lower than the stated ARV when prize is procured and fulfilled, then the difference will not be awarded.
No substitution, assignment or transfer of the Prize is permitted, except by Sponsor, who reserves the right to substitute the Prize or any Prize component with another of comparable or greater value.
By accepting the Prize, the Winner agrees to release and hold harmless the Released Parties, each of their related companies, and each of their respective officers, directors, employees, shareholders, and agents from and against any claim or cause of action arising out of participation in the Contest or receipt or use of the Prize. The potential Prize Winner will be notified by home-delivered mail, phone, or email, and must sign and return to the Administrator, within seven (7) days of the date of notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release in order to claim his/her Prize. The Winner will be responsible for all local, state, and federal taxes associated with the receipt of their Prize. The Winner must note that the value of the accepted prize may be taxable as income and an IRS Form 1099 may filed in the name of the Winner for the value of the prize and the Winner is solely responsible for all matters relating to the prize after it is awarded. If a Prize or Prize notification is returned as unclaimed or undeliverable to the potential Prize Winner, if the potential Prize Winner cannot be reached via phone within three (3) business days from the first notification attempt, or if the potential Prize Winner fails to return requisite document(s) within the specified time period, or if potential Prize Winner is not in compliance with these Official Rules, then such person shall be disqualified and, at Sponsor’s sole discretion, an alternate Prize Winner may be selected.
MISCELLANEOUS: By accepting the Prize, where permitted by law, the Prize Winner will grant to the Released Parties and those acting pursuant to the authority of Sponsor and the Released Parties (which grant will be confirmed in writing upon Sponsor’s request), the right to print, publish, broadcast and use worldwide in all media without limitation at any time the Winner’s full name, portrait, picture, voice, likeness and/or biographical information for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification. In no event will released parties or the sponsor be responsible or liable for any damages or losses of any kind (including without limitation, direct, indirect, incidental, consequential, or punitive damages) arising out of participation in this contest or the acceptance, possession, use, or misuse of, or any prize. By participating, Entrants release and agree to hold harmless the Sponsor and the Released Parties from any and all liability for any injuries, death or losses or damages to persons or property as well as claims/actions based on publicity rights, defamation, and/or invasion of privacy that may arise from participating in this Contest or its related activities or the acceptance, possession, use or misuse of, or any harm resulting from the acceptance, possession, use or misuse of the Prize. The Winner also acknowledges that the Sponsor and Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prize.
DISPUTES: By entering the Contest, Entrants agree that: (i) Any and all disputes, claims, and causes of action arising out of or connected with the Contest, or any Prizes awarded, shall be resolved individually, without resort to any form of class action; (ii) Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest but in no event attorney fees; (iii) Under no circumstances will any Entrant be permitted to obtain any award for, and Entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses, or seek injunctive or any other equitable relief. If the controversy or claim is not otherwise resolved through direct discussions or mediation, the Parties agree that it shall then be resolved by final and binding arbitration administered by judicial arbitration and mediation services, inc., (JAMS) in accordance with its streamlined arbitration rules and procedures or subsequent versions thereof (“JAMS rules”). All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and the Sponsor in connection with this Contest shall be governed by, and construed in accordance with the laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of New York or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than those of the State of New York. The forum and venue for any dispute shall be in New York County, New York. The JAMS rules for selection of an arbitrator shall be followed, except that the arbitrator shall be experienced and licensed to practice law in New York. The value of the Prize set forth above represents Sponsor’s good faith determinations of the ARV thereof and such determinations are final and binding and cannot be appealed. If the actual value of any Prize turns out to be less than the stated ARV, the difference will not be awarded in cash.
WINNERS LIST REQUEST: To request confirmation of the name and city/state of residence for the Prize winner, and/or the answers to the AKT Weekly Trivia Questions please send a self-addressed, stamped business size envelope, by February 29, 2016, to: “AKT/My Workout is Better Than Yours” Contest Winner List, 244 East 84th Street, 4th Floor, New York 10028.
This Contest is in no way sponsored, endorsed or administered by, or associated with, Twitter Inc..