NO PURCHASE NECESSARY TO ENTER OR WIN
1. DESCRIPTION OF THE CONTEST:
The California Family Fitness Kick Start Contest (the "Contest") is designed to (1) help you encourage your friends and family to join in your workouts and fitness regime, and (2) promote healthy lifestyles for all residents in the greater Sacramento area.
The Contest is sponsored by California Family Health, LLC ("California Family Fitness"), with principal place of business at 8680 Greenback Lane, Suite 108, Orangevale, CA 95662.
3. BINDING AGREEMENT:
In order to enter the Contest, you must agree to these Official Rules ("Rules"). Therefore, please read these Rules prior to entry to ensure you understand and agree. You agree that submission of an Entry in the Contest constitutes agreement to these Rules. These Rules form a binding legal agreement between you and California Family Fitness with respect to the Contest.
The Contest is open to individual, adult members of California Family Fitness who are eighteen (18) years of age or older, who are current members of California Family Fitness, and who have agreed to these Rules ("Participants"). Employees, interns, contractors, and official office-holders of (1) California Family Fitness, (2) the parent companies, affiliates and subsidiaries of California Family Fitness, and members of their immediate families (defined as parents, children, siblings and spouse, regardless of where they reside, and/or those living in the same household of each) are ineligible to participate in the Contest.
5. CONTEST PERIOD:
The Contest will continue throughout 2016.
6. SUBMISSION OF ENTRIES:
In order to submit an entry to the contest, participants must meet the eligibility requirements noted above. Participants must personally appear at one of California Family Fitness' clubs. While present at one of California Family Fitness’ clubs, Participant must participate in a listed activity. Activities do not require purchase or payment. Participant must agree to these Rules. In return, Participant will be given a Kick Start punch card ("Card" or "Entry") to track completion of activities. After completion of each activity, Participant must present card to CFF for verification of activity completion. Completed cards should be deposited into Kick Start display box for submission.
7. PRIZES FOR COMPLETED CARDS:
Each Participant submitting at least one (1) Completed Entry will be eligible to participate in a drawing from all received cards. Drawings will take place on a monthly basis. Participant need not be present during drawing to win. One winning entry will be drawn randomly with prizes as follows:
2. $1000 Gift Card to Westfield Galleria
1. One (1) Grand Prize (a) coach-class airline tickets for four (4) to a Southern California airport, (b) four (4) tickets to Disneyland, and (c) hotel lodging costs for one (1) two-bed room for 2 nights in close proximity to Disneyland. Grand Prize does not include incidentals, meals, travel to or from airport to hotel, travel to or from hotel to Disneyland, or any other cost or expense other than those listed above. Prize NOT to exceed $5,000.00 USD.
PAYMENTS TO POTENTIAL WINNERS ARE SUBJECT TO THE EXPRESS REQUIREMENT THAT THEY SUBMIT TO CALIFORNIA FAMILY FITNESS ALL DOCUMENTATION REQUESTED BY CALIFORNIA FAMILY FITNESS TO PERMIT IT TO COMPLY WITH ALL APPLICABLE US, STATE, LOCAL, AND FOREIGN (INCLUDING PROVINCIAL) TAX REPORTING AND WITHHOLDING REQUIREMENTS. ALL PRIZES WILL BE NET OF ANY TAXES CALIFORNIA FAMILY FITNESS IS REQUIRED BY LAW TO WITHHOLD. ALL TAXES IMPOSED ON PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNERS. In order to receive a prize, potential winners must submit the tax documentation requested by California Family Fitness or otherwise required by applicable law, to California Family Fitness or the relevant tax authority, all as determined by applicable law, including, where relevant, the law of the potential winner's country of residence. Each Participant is responsible for ensuring that (s)he complies with all the applicable tax laws and filing requirements. If a Participant fails to provide such documentation or comply with such laws, the prize may be forfeited and California Family Fitness may, in its sole discretion, select an alternative prize or winning Participant.
9. GENERAL CONDITIONS:
California Family Fitness reserves the right to substitute an alternate prize of equal or greater value in the event all or part of a prizes set forth above becomes unavailable. Prizes are awarded without warranty of any kind from California Family Fitness, express or implied, without limitation, except where this would be contrary to federal, state, provincial, or local laws or regulations. All federal, state, provincial and local laws and regulations apply. Submission of an Entry in this Contest constitutes agreement by the Participant to the terms and conditions of these Rules. Decisions of California Family Fitness are final and binding on all matters pertaining to this Contest. Return of any prize may result in disqualification and selection of an alternate winner. A Participant may be required to sign and return an Affidavit or Declaration of Eligibility, and Liability/Publicity Release within 30 days following the date of first attempted notification. Failure to comply within this time period may result in disqualification and selection of an alternate winner. California Family Fitness reserves the right to disqualify any Participant from the Contest if, in California Family Fitness's sole discretion, it reasonably believes that the Participant has attempted to undermine the legitimate operation of the Contest by cheating, deception, or other unfair playing practices or annoys, abuses, threatens or harasses any other Participants, California Family Fitness members, California Family Fitness, or California Family Fitness employees. Prize NOT to exceed $5,000.00 USD.
10. INTELLECTUAL PROPERTY RIGHTS:
As a condition of entry, Participant grants California Family Fitness a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, any Entry that Participant submits to this Contest.
12. WARRANTY AND INDEMNITY:
Participants warrant that their Entries are original and that they have the right to submit the Entries in the Contest. To the maximum extent permitted by law, each Participant indemnifies and agrees to keep indemnified California Family Fitness at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the Participant and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, each Participant agrees to defend, indemnify and hold harmless California Family Fitness, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from
(a) any Contact Information provided by the Participant that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy,
(b) any misrepresentation made by the Participant in connection with the Contest;
(c) any non-compliance by the Participant with these Official Rules; and
(d) claims brought by persons or entities other than the parties to these Official Rules arising from or related to the Participants involvement with the Contest.
To the extent permitted by law, Participant agrees to hold California Family Fitness, its respective directors, officers, employees and assigns harmless for any injury or damage caused or claimed to be caused by participation in the Context and/or use or acceptance of any prize, except to the extent that any death or personal injury is caused by the negligence of California Family Fitness.
Any false information provided within the context of the Contest by any Participant concerning identity, mailing address, telephone number, email address, ownership of right or non-compliance with these Official Rules or the like may result in the immediate elimination of the Participant from the Contest and revocation of Participant's membership in California Family Fitness. California Family Fitness further reserves the right to disqualify any Entry that it believes in its sole and unfettered discretion infringes upon or violates the rights of any third party, otherwise does not comply with these Official Rules, or violates U.S. or applicable local law in Participant's country of residence.
If for any reason the Contest is not capable of running as planned, for any such causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, California Family Fitness reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest. California Family Fitness further reserves the right to disqualify any Participant who tampers with the process, Contact Information, or any other part of the Contest. Any attempt by a Participant to deliberately damage or undermine the legitimate operation of the Contest is a violation of criminal and civil laws and should such an attempt be made, California Family Fitness reserves the right to seek damages from any such Participant to the fullest extent of the applicable law.
15. NOT AN OFFER OR CONTRACT OF EMPLOYMENT:
Under no circumstances shall the submission of an Entry into the Contest, the awarding of a prize, or anything in these Official Rules be construed as an offer or contract of employment with California Family Fitness. You acknowledge that you have submitted your Entry voluntarily and not in confidence or in trust. You acknowledge that no confidential, fiduciary, agency or other relationship or implied-in-fact contract now exists between you and California Family Fitness and that no such relationship is established by your submission of an Entry under these Rules.
16. FORUM AND RECOURSE TO JUDICIAL PROCEDURES:
These Official Rules shall be governed by, subject to, and construed in accordance with the laws of the State of California, United States of America, excluding all conflict of law rules. If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. To the extent permitted by law, the rights to litigate, seek injunctive relief or make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this Contest are hereby excluded, and all Participants expressly waive any and all such rights.
By entering the Contest, you agree that exclusive jurisdiction for any dispute, claim, or demand related in any way to the Contest will be decided by binding arbitration. All disputes between you and California Family Fitness of whatsoever kind or nature arising out of these Terms, shall be submitted to Judicial Arbitration and Mediation Services, Inc. ("JAMS") for binding arbitration under its rules then in effect in the Sacramento, California, USA area, before one arbitrator to be mutually agreed upon by both parties. The parties agree to share equally in the arbitration costs incurred.
18. WINNER'S LIST:
Winners will be listed at all Cal Fit clubs as well as on social media:
Contest Plan Administrator
California Family Fitness Inc.
8680 Greenback Lane
Orangevale, CA 95662