Set Sail with C4® Contest Rules
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED. MUST BE PRESENT TO WIN.
Participation constitutes Contestant’s (as defined herein) full and unconditional agreement to and acceptance of these rules (the “Official Rules”). The Set Sail with C4® Contest (the “Contest”) will take place on November 17, 2018 between 9:30 a.m. Central Time (“CT”) and 1:30 p.m. CT (the “Contest Period”). All Contestants must register between 9:30 a.m. CT and 10:30 a.m. CT on November 17, 2018 (the “Registration Period”), as described further below, and all Contestants must compete between 10:30 a.m. CT and 1:30 p.m. CT on November 17, 2018.
The Contest is sponsored by Woodbolt Distribution, LLC d/b/a Nutrabolt (the “Sponsor”), with offices located at 3891 S. Traditions Drive, Bryan, TX 77807. These Official Rules will be available on the Sponsor’s website during the Contest. This promotion is in no way sponsored, endorsed or administered by WOD on the Waves, LLC (“WOW”), Royal Caribbean International (“Royal Caribbean”), Gainz Fit, Inc. (“Gainz Fit”) or CrossFit, Inc.
1. Eligibility: The Contest is only open to (i) legal residents of the United States and the District of Columbia, who (ii) are twenty-one (21) years of age or older as of the time of entry, (iii) have a valid passport and are eligible to travel on the dates of the Cruise (as defined herein), and (iv) are not otherwise prohibited from entry as set forth herein. Employees, officers, and directors (including immediate family members and members of the same household) of the Sponsor, its affiliated companies and subsidiaries, advertising and promotion agencies, WOW, and Royal Caribbean are ineligible to participate. All federal, state, and local laws and regulations apply.
2. How to Enter: The Contest will be held on November 17, 2018 at Gainz Fit located at 6905 NW 52nd St., Miami, Florida 33166. Eligible persons who wish to enter the Contest (the “Contestants”) must register in-person at Gainz Fit during the Registration Period. All required fields on the entry form (including the signing of a Participant Image Waiver and Release Agreement) must be completed and submitted for the Contestant to be entered into the Contest. Limit one entry per person.
3. Judging: During the Contest Period, one (1) qualified judge (collectively, the “Judges”) will be assigned to each Contestant to track how many burpees the Contestant can perform in accordance with the 2018 Open Standards (collectively, “Burpees”). The Contestant who performs the most Burpees in a consecutive five (5) minute period will be deemed the winner of the Contest, subject to verification of his/her eligibility and compliance with these Official Rules, including but not limited to Section 5 (the “Winner”). In the event of a tie, the tied Contestants will perform five (5) Burpees, ten (10) push-ups in accordance with the 2018 Open Standards (“Push-Ups”), and fifteen (15) air squats in accordance with the 2018 Open Standards (“Air Squats”, and collectively with Burpees and Push-Ups, the “Tie-Breaker”). The tied Contestant who performs the Tie-Breaker in the fastest time (as measured to 1/100th of a second) will be deemed the Winner. In the event of another tie, additional Tie-Breakers may be performed by remaining tied Contestants until a Winner is determined. The Judges, in their sole and absolute discretion, may modify the Burpees and/or the Tie-Breaker(s) as necessary. The decisions of the Judges are final and binding in all respects.
4. Prize: One (1) Prize (as defined herein) will be awarded to the Contestant that is confirmed as the Winner. The Winner will receive an Ocean View balcony room for the Winner and three (3) guests (the “Guests”) for four (4) nights on the WOD on the Waves Bahamas Cruise to be held from January 21-25, 2019 on Royal Caribbean’s Mariner of the Seas (the “Cruise”), with an approximate retail value (“ARV”) of $4,194.00 USD (the “Prize”). Use of the Prize is subject to any and all additional terms and conditions imposed by WOW and Royal Caribbean. More details about the Cruise are available at http://wodonthewaves.com/.
The Winner and the Guests are responsible for any identification, passport, or other travel requirements. All expenses and other travel costs not expressly included in the Prize description above, including but not limited to ground transportation, flights, airport fees, taxi fees, gasoline, tolls, parking, insurance, baggage and handling, tips, meals, drinks, alcoholic beverages, hotel fees, gratuities, excursions and other activities (including but not limited to spas and casinos), youth activities, nightlife and entertainment, laundry, any onboard expenses, incidentals, passenger tariffs/duties, surcharges, travel upgrades, service, facility or cleaning charges, security fees, and taxes are the sole responsibility of the Winner and the Guests. A major credit card may be required at check-in to cover any incidental charges. Sponsor shall not be responsible for any additional charges resulting from any changes to the Winner’s and/or any Guest’s itinerary or accommodations. All travel, lodging, and use of all elements of the Prize will be at each individual’s risk. Sponsor has no control over the personnel, equipment, or operations of any carrier including but not limited to Royal Caribbean, WOW, any transportation provider, hotel, or other person or entity furnishing services, products, or accommodations as part of the Prize, and Sponsor shall not be liable for any injury, damage, loss, expenses, accident, delay, cancellation, diversions or substitutions, Force Majeure Events (as defined herein) or any negligence, act or omission, inconvenience or other irregularity that may occur. The Prize is awarded by the Sponsor “as is” without any warranties or guarantees, either express or implied.
The ARV of the Prize may fluctuate and may change between the date of commencement of the Contest and the date that the Prize is awarded or redeemed. Any difference between the ARV and the actual value, if any, will not be awarded. No substitution, transfer, assignment, or cash equivalent permitted. Sponsor reserves the right, in its sole discretion, to postpone or cancel the Contest at any time, for any reason, without notice, or to substitute the Prize with another Prize of equal or greater value in the event that the Prize (or any component thereof) is not available for any reason. If the Winner is unable to participate in and/or use the Prize during the dates set by Sponsor, the Prize will be forfeited in its entirety. If the Cruise described above does not or cannot take place as scheduled or at all, for reasons including but not limited to scheduling conflicts, cancellations or postponement by WOW or Royal Caribbean, Force Majeure Events or for any other reason, the Winner will receive the remaining components, if any, of the Prize, which shall constitute full satisfaction of Sponsor’s obligation to the Winner, and no other or additional compensation will be awarded.
5. Prize Conditions: By accepting the Prize, the Winner (as further described in Paragraph 8 below) agrees to release the Sponsor, WOW, Royal Caribbean, and Gainz Fit, and their respective employees, officers, directors, owners, agents, and representatives (the “Released Parties”) from any and all liability whatsoever for any injuries, losses, or damages of any kind caused by entering the promotion or for damages of any kind caused by participation in the Contest, the Prize or resulting from the acceptance, possession, or use/misuse of the Prize. The Winner is solely responsible for all applicable federal, state, and local taxes and/or any other fees/costs associated with the Prize or receipt of the Prize. The Winner, as a condition to receiving the Prize, will be required to sign and return an affidavit of eligibility and liability/publicity release or similar document and complete, sign, and submit an IRS Form W-9 or equivalent form with the Winner’s full social security number or other U.S. taxpayer identification number within twenty-four (24) hours of Sponsor notifying Winner of his/her Prize eligibility. If Sponsor is unable to contact the Winner within twenty-four (24) hours from the first notification attempt, the Winner fails to respond to a notification within twenty-four (24) hours, the Winner fails to complete and return all requested forms by the specified time, or the Winner fails to comply with any of the requirements in these Official Rules, such Winner’s Prize will be forfeited, and the Contestant with the next highest score will be deemed the Winner, subject to verification of his/her eligibility and compliance with these Official Rules, including but not limited to this Section 5. Failure to timely comply with the aforementioned conditions shall be grounds for disqualification from receipt of the Prize in Sponsor’s sole and absolute discretion. Sponsor or Sponsor’s designee may issue appropriate tax reporting forms related to the Winner’s receipt of the Prize and its total ARV for the calendar year in which it was won by delivering IRS Form 1099 tax reporting forms with such information to the IRS, other tax authorities, and the Winner.
6. Publicity Rights . The Winner’s acceptance of the Prize constitutes permission (except where prohibited by law) for the Sponsor to use the Winner’s name, image, likeness, statements, biographical information, voice, and address (city and state), in all forms of media, in perpetuity, without notice or further compensation.
8. Release and Limitation of Liability: This Contest is subject to all applicable federal, state, and local laws. By entering the Contest, Contestants agree to be bound by all applicable law. The decisions of Sponsor are final and binding in all respects. Contestants waive any and all rights to claim ambiguity, should it even exist, in connection with these Official Rules. Sponsor and Released Parties shall have no responsibility or liability (including, but not limited to, liability for any property loss, damage, personal injury, or death) to any Contestants in connection with: participation in the Contest, including, but not limited to, any damage or loss due to human error; incorrect or inaccurate transcription of entry information; acceptance/possession, use/misuse, and/or defects of the Prizes awarded herein; any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, or internet service provider utilized in connection with the Contest; interruption or inability to access Sponsor mobile application, Sponsor website, or any online service via the Internet due to hardware, software compatibility problems, or otherwise; any damage to a Contestant’s (or a third person’s) computer, network, and/or phone and/or its contents related to or resulting from any part of the Contest; any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, including but not limited to failure of any exercise equipment, even if caused by the negligence of Sponsor or any vendor, service provider, contractor, or partner assisting with the operation or administration of the Contest. Assumption of Risk: In order to participate in the Contest, Contestants represent that they are at least twenty-one (21) years of age, healthy and capable of participating in the Contest, and do not have any medical conditions, treatment or family medical history that would increase their risk of illness or injury as a result of participation in the Contest, the nature of which has been disclosed to them. If a Contestant knows or suspects that they have a health condition or problem, they should consult with a health professional and seek their professional advice before participating in the Contest. By entering the Contest, to the fullest extent permitted under applicable law, Contestants including the Winners agree on behalf of themselves, their heirs, and any representatives to release, discharge, indemnify, and hold harmless Sponsor, and the Released Parties from and against any and all direct and indirect losses and third party claims, damages or liability due to any injuries, damages, or losses to the Contestant or any person (including, without limitation, those arising from death or personal injury) or property of any kind resulting or arising, in whole or in part, directly or indirectly, from acceptance, possession, use, or misuse of the Prize or product or service purchased with the Prize, or participation in the Contest or any Contest-related activity.
Contestants who are California residents assume the above mentioned risks and agree that their release shall apply to all unknown or unanticipated results of the occurrences described above, as well as those known or anticipated, and such Contestants hereby knowingly waive any and all rights and protections under California Civil Code Section 1542, which section reads as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
BY ENTERING, TO THE MAXIMUM EXTENT PERMITTED BY LAW, CONTESTANTS FURTHER AGREE TO WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM, ACTION, OR PROCEEDING AGAINST SPONSOR AND THE RELEASED PARTIES RELATIVE TO THE PRIZE(S) AND HEREBY ACKNOWLEDGE THAT SPONSOR AND THE RELEASED PARTIES HAVE NEITHER MADE NOR ARE IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT, OR IN LAW, RELATIVE TO ANY PRIZE, OR PRODUCT OR SERVICE PURCHASED THEREWITH, ITS QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR SUITABILITY FOR USE. The failure of Sponsor or the Released Parties to comply with any provision of these Official Rules due to any act of God, storm, hurricane, tornadoes, other inclement weather, fire, riot, earthquake, act of terrorism, act of public enemies, war, civil unrest, or actions by governmental authorities outside the control of Sponsor (excepting compliance with applicable law), or other force majeure event (collectively, “Force Majeure Events”) will not be considered a breach of these Official Rules by Sponsor.
9. Technical Malfunctions: If for any reason this Contest is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes, the Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Contest in whole or in part, at any time, without notice. In such event, Sponsor may, in its sole discretion, (i) exclude any Contestants suspected of taking any action which violates these Official Rules or otherwise tampering with the operation of the Contest, or (ii) take any other action which in its sole discretion is fair and equitable. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Sponsor is 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 Contestant’s or any other person’s computer relating to or resulting from participation in this Contest or downloading any materials as a part of this Contest. Any person attempting to defraud or in any way tamper with the Contest mechanics and/or implementation will be prosecuted to the fullest extent of the law.
10.Conduct: By participating, Contestants agree to comply with and be bound by all of these Official Rules. Failure to comply with these Official Rules may result in disqualification from the Contest in Sponsor’s sole and absolute discretion. Sponsor reserves the right, in its sole and absolute discretion, to modify, postpone, cancel or terminate the Contest in the event of any act, occurrence, or reason that it believes would corrupt the integrity, administration or fairness of the Contest. Contestants further agree to comply with and be bound by the decisions of Sponsor and the Judges, which shall be final and binding in all respects. Sponsor reserves the right, in its sole and absolute discretion, to disqualify any Contestant or other individual it finds to be: (i) tampering or attempting to tamper with the entry process or the smooth operation of the Contest, (ii) taking any action which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Contest or (iii) otherwise violating these Official Rules. By participating, Contestants represent and warrant that they will not tamper or attempt to tamper with the entry process or smooth operation of the Contest, including, but not limited to, by introducing any malware, bots, or other program which tampers with the operation of the Contest, or initiating or participating in any form of online attack on the Contest. 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.
11.Disputes: TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, EACH CONTESTANT AGREES THAT ANY CLAIM OR DISPUTE RELATED TO OR ARISING OUT OF THE CONTEST OR THESE OFFICIAL RULES SHALL BE FINALLY RESOLVED BY ARBITRATION, AND SHALL BE BROUGHT INDIVIDUALLY AND NOT BY CLASS ACTION. THE ARBITRAL TRIBUNAL SHALL HAVE THE POWER TO RULE ON ANY CHALLENGE TO ITS OWN JURISDICTION OR TO THE VALIDITY OR ENFORCEABILITY OF ANY PORTION OF THIS AGREEMENT TO ARBITRATE. ARBITRATION SHALL BE HELD IN THE STATE OF TEXAS AND COUNTY OF BRAZOS. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, CONTESTANT WAIVES ANY CLAIM THAT THE CONTESTANT MAY HAVE AGAINST SPONSOR FOR ANY LOSSES, INJURIES TO PERSON (INCLUDING DEATH) OR PROPERTY, DAMAGES (INCLUDING PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES) OR EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING FROM THE CONTEST INCLUDING, WITHOUT LIMITATION, CLAIMS FOR LOST PROFITS, LOST REVENUE, ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM. IN NO EVENT SHALL CONTESTANT SEEK TO RESCIND ITS AGREEMENT WITH THESE OFFICIAL RULES OR INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, Contestants’ rights and obligations, or the rights and obligations of Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Texas, without giving effect to any choice of law or conflict of law rules (whether of the State of Texas or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Texas.
12.Questions; Winner List: All questions and inquiries about the Contest may be submitted via email to firstname.lastname@example.org with the name of the Contest in the subject line or by sending a stamped, self-addressed envelope to the following mailing address:
Woodbolt Distribution, LLC d/b/a Nutrabolt
Set Sail with C4® Contest
Attn: Legal Department
3891 South Traditions Drive
Bryan, Texas 77807
13.New Jersey Truth-in-Consumer Contract, Warranty and Notice Act - New Jersey Residents: The following provision applies to residents of the State of New Jersey. Pursuant to the New Jersey Truth-in-Consumer Contract, Warranty and Notice ACT (“TCCWNA”), N.J.S.A. 56:12-14 et seq., certain businesses are not permitted to offer or enter into written consumer contracts with consumers or prospective consumers which include any provision that violates any clearly established legal right of a consumer, or responsibility of the business, as established by state or Federal law. These official rules are intended to comply with TCCWNA. In the event of a conflict between these Official Rules and the TCCWNA, the terms of the TCCWNA take precedence and will control. The TCCWNA also requires businesses to specify which provisions are void, unenforceable, or inapplicable in the State of New Jersey. The following provisions of the Official Rules shall not be applicable to New Jersey residents: (i) provisions which limit the Company’s liability for any tortious action or breach of contract by the Company; and (ii) provisions which limit the amount of damages which may be sought for any tortious action or breach of contract by the Company.