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1. CONTEST PERIOD:
The FitTrack Live Your True Health Challenge (the “Contest”) begins Monday, October 5, 2020 at
12:00:00 a.m. Eastern Time (“ET”) and ends Friday, November 6, 2020 at at 11:59:59 p.m. (ET) . This
is, collectively, the Contest Period.
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2. ELIGIBILITY:
Contest is open to only residents of the US (Excl. Hawaii and Alaska), Canada (excl. Quebec),
Australia, and the United Kingdom (UK) who have reached the age of majority in their
state/province/territory/country of residence as of the time of entry. No officers, directors, employees,
representatives or agents (and those with whom such persons are domiciled, whether related or not) of
Fit Track (the “Sponsor”) and its parent company, subsidiaries, affiliates, prize suppliers,
advertising/Contest agencies, and any entity involved in the development, production, implementation,
administration, judging or fulfillment of the Contest (collectively, the “Contest Parties”). Contest is void
outside of the forty-eight (48) contiguous United States, Canada, Australia, the UK, and where prohibited
by law. The Contest is subject to Canadian law.
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3. HOW TO ENTER:
*NO PURCHASE NECESSARY.
To enter the Contest, eligible entrants must enter via the www.fittrack.com/truehealthcontest landing
page and confirm their email. Then, during the Contest Period, on Facebook and Instagram, the entrant
can complete additional tasks as per the Vyper rules and regulations to receive bonus entries. Any
Entry that does not follow the above format (as determined by the Sponsor in its sole and absolute
discretion) will be void and not be eligible for entry in this Contest.
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4. LIMITS AND VERIFICATION:
There is a limit of one (1) Email Entry per account permitted during each Contest Period. Entrants may
receive additional entries upon completion of the bonus tasks outlined on the Vyper contest page . If any
entrant has attempted to: (i) submit more than one (1) Entry per Account during each Entry Period; (ii)
obtain more than one (1) Entry per Account; and/or (iii) use (or attempt to use) multiple names, identities,
email addresses and/or more than one (1) Account to enter the Contest; then (in the sole and absolute
discretion of the Sponsor) he/she may be disqualified from the Contest and all of his/her Entries voided.
Use (or attempted use) of multiple names, identities, email addresses, Accounts and/or any automated,
macro, script, robotic or other system(s) or program(s) to enter or otherwise participate in or disrupt this
Contest is prohibited and is grounds for disqualification by the Sponsor. The Releasees (defined below)
are not responsible for late, lost, misdirected, delayed, incomplete or incompatible Entries (all of which are
void).
All Entries are subject to verification by the Sponsor at any time and for any reason. The Sponsor
reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form
acceptable to the Sponsor – including, without limitation, government-issued photo identification): (i) for
the purposes of verifying an individual’s eligibility to participate in this Contest; (ii) for the purposes of
verifying the eligibility and/or legitimacy of any Entry for the purposes of this Contest; and/or (iii) for any
other reason the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of
administering this Contest in accordance with these Rules. Failure to provide such proof to the complete
satisfaction of the Sponsor in a timely manner may result in disqualification, in the sole and absolute
discretion of the Sponsor. The sole determinant of the time for the purposes of a valid Entry in this
Contest will be the Contest server machine(s).
IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL ANY PERSON/FOLLOWER BE PERMITTED
TO OBTAIN MORE THAN THE MAXIMUM NUMBER OF ENTRIES AS STATED IN THESE RULES.
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5. THE PRIZE DRAW:
There will be ten (10) prize draws at the conclusion of the Contest Period. Sponsor will conduct the
random draws of all eligible Entries received during the Contest Period, in accordance with these Rules
(as determined by the Sponsor at its sole and absolute discretion) to select the potential prize winners.
The odds of winning a Prize will depend on the number of eligible Entries received in accordance with
these Rules (as determined by the Sponsor at its sole and absolute discretion).
The Sponsor or its designated representative(s) will notify the potential winners by email (“Winner
Notification”) and request a response, which includes a valid email address, full name, and phone number
for the potential winner, within ten (10) business days of the draw. In the event that the potential Prize
winner cannot be contacted for any reason or fails to respond to the Winner Notification within ten (10)
business days, or in the event that the potential Prize winner does not otherwise comply with these Rules,
then the potential Prize winner will be disqualified (and will forfeit all rights to the Prize) and the Sponsor
reserves the right, in its sole and absolute discretion, to randomly select an alternate potential Prize
winner by random draw from among the remaining eligible Entries (in which case the foregoing provisions
of this section shall apply to the new potential Prize winner, with the necessary amendments).
Before being declared the CONFIRMED prize winner, the potential Prize winner will be required to: (a)
correctly answer, without mechanical or other aid, a time-limited mathematical skill-testing question to be
administered, at the election of the Sponsor, either by telephone, e-mail or direct message, at a mutually
convenient time, or via the required declaration and release form; and (b) sign and return, within the
timeframe specified by the Sponsor (or its designated representative), the Sponsor’s declaration and
release form (“Declaration & Release”), which (among other things): (i) confirms compliance with these
Rules; (ii) acknowledges acceptance of the Prize as awarded; (iii) releases Releasees from any and all
liability in connection with this Contest, his/her participation therein and/or the awarding and use/misuse
of the Prize or any portion thereof; and (iv) agrees to the publication, reproduction and/or other use of
his/her name, address, voice, statements about the Contest and/or photograph or other likeness without
further notice or compensation, in any publicity or advertisement carried out by or on behalf of the
Sponsor in any manner whatsoever, including print, broadcast or the internet. In the event that a potential
winner is below the age of majority in his or her jurisdiction of residence, Sponsor may require the
potential winner’s parent or legal guardian to ratify the potential winner’s release form. If the potential
Prize winner: (a) fails to correctly answer the skill-testing question; (b) fails to sign and return the Contest
documents as aforesaid; and/or (c) cannot accept the Prize for any reason; then he/she will be
disqualified (and will forfeit all rights to the Prize) and the Sponsor reserves the right, in its sole and
absolute discretion, to randomly select an alternate potential Prize winner by random draw from among
the remaining eligible Entries (in which case the foregoing provisions of this section shall apply to the new
potential Prize winner, with the necessary amendments).
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6. THE PRIZES:
Ten (10) total Prize Winners will each receive one (1) prize each, per household. Grand prize: (1) $1000
Amazon gift card, (1) Peloton Basic Bike, (1) FitTrack Health Bundle including Dara Smart Scale, Atria
Pro Watch, and Tempo Thermometer. Approximate retail value (“ ARV ”): $3,638 USD/$4,841 CAD/$5,076
AUD/ £ 2,816 UK* (*The currency conversion for all countries was made using the rates on September 29,
2020 and may fluctuate.) First runner up: (1) $500 Amazon gift card, (1) iPhone 12 65GB, and (1)
FitTrack Health Bundle including Dara Smart Scale, Atria Pro Watch, and Tempo Thermometer.
Approximate retail value (“ ARV ”): $2,465 USD/$3,281 CAD/$3,440 AUD/ £ 1,908 UK*. Second runner up:
(1) $250 Amazon gift card, (1) Nutribullet blender and (1) FitTrack Health Bundle including Dara Smart
Scale, Atria Pro Watch, and Tempo Thermometer. Approximate retail value (“ ARV ”): $815 USD/$1,085
CAD/$1,137 AUD/ £ 631*. Fourth through tenth place prizes: (7) $50 Amazon gift cards. Approximate retail
value (“ ARV ”): $50 USD/$1,085 CAD/$66 AUD/ £ 38*.
The Prize must be accepted as awarded and is not transferable, assignable or convertible to cash (except
as may be specifically permitted by Sponsor in its sole and absolute discretion). No substitutions except
at Sponsor’s option. Sponsor reserves the right, in its sole and absolute discretion, to substitute the prize,
or a component thereof, with a prize of equal or greater retail value, including, without limitation, but at
Sponsor’s sole and absolute discretion, a cash award. Prize must be redeemed by November 17, 2020.
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7. PRIZE DELIVERY.
Winner will be sent Prize within 4-6 weeks of receipt of the Declaration & Release document described
above. Sponsor is not responsible if the Prize cannot be delivered due to an incorrect mailing address or
for lost or misdirected requests.
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8. LICENSE, WAIVER, AND RELEASE:
By entering the Contest and submitting an Entry, each entrant: (i) without limiting the Instagram Terms of
Service, grants to the Sponsor, in perpetuity, a non-exclusive license to publish, display, reproduce,
modify, edit or otherwise use his/her Entry, in whole or in part, for advertising or promoting the Contest or
for any other reason; (ii) waives all moral rights in and to his/her Entry in favour of the Sponsor; and (iii)
agrees to release and hold harmless the Contest Parties and each of their respective agents, employees,
directors, successors, and assigns (collectively, the “Releases”) from and against any and all claims
based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement
or any other intellectual property related cause of action that relate in any way to the Entry. For greater
certainty, the Sponsor reserves the right, in its sole and absolute discretion and at any time during the
Contest, to modify, edit or disqualify any Entry if a complaint is received with respect to the Entry, or for
any other reason. If such an action is necessary at any point, then the Sponsor reserves the right, in its
sole and absolute discretion, to disqualify the Entry (and corresponding Entry) and/or the associated
entrant. If the Sponsor determines, in its sole and absolute discretion, that any Entry does not comply with
these Rules for any reason at any time, then the Sponsor reserves the right, in its sole and absolute
discretion, to disqualify the Entry (and corresponding Entry) and/or the associated entrant. Entries will
NOT be judged.
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9. GENERAL CONDITIONS:
By participating in this Contest, participants acknowledge compliance with and agree to be legally bound
by, these Rules, including eligibility requirements. In addition, each participant releases and holds
harmless the Releasees from and against any and all manner of action, causes of action, suits, debts,
covenants, contracts, claims and demands (including legal fees and expenses) of any type whatsoever,
including but not limited to claims based on negligence, breach of contract and fundamental breach and
liability for physical injury, death, or property damage which the participant or his/her administrators, heirs, successors or assigns might have or could have, by reason of or arising out of the participant’s
participation in the Contest and/or in connection with the acceptance and/or exercise by the participant of
the Prizes and from and against any and all liability with respect to or in any way arising from the Contest
and any Prize(s), including liability for personal injury or damage to property. This Contest is subject to all
applicable federal, provincial and municipal laws. The decisions of the Sponsor (or, where instructed
accordingly, the Sponsor’s designated representative) with respect to all aspects of this Contest are final
and binding on all entrants without right of appeal, including, without limitation, any decisions regarding
the eligibility/disqualification of entrants, Entry or Entries.
ANYONE DETERMINED TO BE IN VIOLATION OF THESE RULES FOR ANY REASON IS SUBJECT
TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF THE SPONSOR AT ANY
TIME.
The Releasees will not be liable for: (i) any technical malfunction or other problems relating to any
telephone network, handset, equipment or lines, computer on-line systems, servers, access providers,
computer equipment, social media platforms or software; (ii) the failure of any Entry or Entry or other
information to be received, captured or recorded for any reason whatsoever; and/or (iii) any combination
of the above.
In the event of a dispute regarding who submitted an Entry, the Sponsor reserves the right to deem the
Entry to have been submitted by the authorized account holder of Account used to submit the applicable
Entry. “Authorized account holder” is defined as the person who is assigned the Account by Instagram (on
the basis of its records). An entrant may be required to provide proof (in a form acceptable to the
Sponsor) that he/she is the authorized account holder of the Account used to submit the applicable Entry.
The Sponsor reserves the right, in its sole and absolute discretion, to withdraw, amend or suspend this
Contest (or to amend these Rules) in any way, in the event of an error, technical problem, computer virus,
bugs, tampering, unauthorized intervention, fraud, technical or other failure or any other cause beyond the
reasonable control of the Sponsor that interferes with the proper conduct of this Contest as contemplated
by these Rules. Any attempt to undermine the legitimate operation of this Contest in any way (as
determined by Sponsor in its sole and absolute discretion) is a violation of criminal and civil laws and
should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the
fullest extent permitted by law. The Sponsor reserves the right, in its sole and absolute discretion, to
cancel, amend or suspend this Contest, or to amend these Rules, in any way without prior notice or
obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other
reason whatsoever. Without limiting the generality of the foregoing, the Sponsor reserves the right, in its
sole and absolute discretion, to administer an alternate test of skill as it deems appropriate based on the
circumstances and/or to comply with applicable law.
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10. CONSENT TO USE PERSONAL INFORMATION:
By entering this Contest, each entrant expressly consents to the Sponsor, its agents and/or
representatives, storing, sharing and using the personal information submitted with his/her Entry only for
the purpose of administering the Contest and in accordance with Sponsor’s privacy policy:
https://getfittrack.com/pages/privacy-policy , unless the entrant otherwise agrees.
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11.OTHER
Instagram, LLC and Facebook, LLC are not a sponsor of or in any way affiliated with this Contest.
Entrants acknowledge that the Contest is in no way sponsored, endorsed or administered by Instagram or
Facebook; will direct any questions, comments or complaints regarding the Contest to the Sponsor, not to
Instagram, LLC; and release Instagram, LLC and its associated companies from all liability arising in
respect of the Contest. Entry and continued participation in the Contest is dependent on entrants following
and acting in accordance with the Instagram Terms of Use and Facebook Terms of Use, which can be
viewed at https://instagram.com/about/legal/terms/ and https://www.facebook.com/terms.php .