“The Under Armour & Baywatch Challenge”
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND
WILL NOT IMPROVE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED.
1. ELIGIBILITY: THE UNDER ARMOUR & “BAYWATCH” CHALLENGE (THE “SWEEPSTAKES”) IS OPEN TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE EIGHTEEN (18) YEARS OF AGE AND OLDER OR THE AGE OF MAJORITY IN THEIR STATE OF RESIDENCE, AT THE TIME OF ENTRY, WHO ARE PHYSICALLY LOCATED IN THE UNITED STATES OR DISTRICT OF COLUMBIA, AND WHO ARE REGISTERED MEMBERS OF THE MYFITNESSPAL WEBSITE (WWW.MYFITNESSPAL.COM). OFFICERS, DIRECTORS AND EMPLOYEES OF MYFITNESSPAL, PARMOUNT PICTURES CORPORATION (“PARAMOUNT”), ADMINISTRATOR, AND EACH OF THEIR RESPECTIVE PARENT COMPANIES, AFFILIATES AND SUBSIDIARIES, AND ANY ADVERTISING OR PROMOTION AGENCIES INVOLVED IN ANY WAY WITH THIS SWEEPSTAKES (AND MEMBERS OF THEIR IMMEDIATE FAMILY AND/OR THOSE LIVING IN THE SAME OF HOUSEHOLD OF EACH SUCH EMPLOYEE) ARE NOT ELIGIBLE. ADDITIONALLY, INDIVIDUALS WHO ARE UNDER ENDORSEMENT AGREEMENTS, SPONSORSHIP AGREEMENTS, OR OTHER SIMILAR RELATIONSHIPS WITH SPONSORS AS DETERMINED BY SPONSORS IN SPONSORS’ SOLE DISCRETION, ARE NOT ELIGIBLE. SUBJECT TO ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS. BY PARTICIPATING IN THIS PROMOTION, ENTRANTS AGREE FULLY AND UNCONDITIONALLY TO THESE TERMS AND CONDITIONS AND SPONSORS’ DECISIONS, WHICH ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. WINNING A PRIZE IS CONTINGENT ON FULFILLING ALL REQUIREMENTS SET FORTH HEREIN. VOID IN PUERTO RICO, GUAM, OTHER US TERRITORIES, AND WHERE OTHERWISE PROHIBITED BY LAW. Paramount is not responsible for the collection, submission or processing of entries, the administration of the Sweepstakes or the selection of winners.
BEFORE ENGAGING IN ANY DIETARY MODIFICATION, BE SURE TO CONSULT WITH YOUR PHYSICIAN.
2. SWEEPSTAKES PERIOD: The Sweepstakes begins May 1, 2017 at 2:00:01 p.m. Central Time (“CT”) and ends May 31, 2017 at 11:59:59 p.m. CT (“Sweepstakes Period”).
3. HOW TO ENTER: There are three (3) ways to enter:
a. Mobile App with Workouts: To earn one (1) entry into the Sweepstakes Grand Prize Drawing, you must do the following: (1) Download the MyFitnessPal app (available via the App Store or Google Play) and create a MyFitnessPal account (2) log into your account through the MyFitnessPal mobile app; and sign up for the Under Armour & “Baywatch” Challenge (3) use the MyFitnessPal app to log 20 workouts during the Sweepstakes Period. A “Workout” is defined in detail in the MyFitnessPal app.
b. Online with Workouts: To earn one (1) entry into the Sweepstakes Grand Prize Drawing, you must do the following: (1) visit http://www.myfitnesspal.com and follow the instructions to enroll in the Sweepstakes; (2) log into your MyFitnessPal Account, or follow the online instructions to create a MyFitnessPal Account; and (3) complete and log 20 Workouts during the Sweepstakes Period.
c. Mail without Workouts: To earn one (1) entry into the Sweepstakes Grand Prize Drawing by postal mail without logging any workouts, neatly hand-print on a piece of paper your name, complete address (with ZIP code), date of birth, email address (if available), daytime telephone number (with area code); then, mail your completed entry in a stamped first-class hand-addressed envelope to: The Under Armour & “Baywatch” Challenge, P.O. Box 1916, New York, NY 10156. Incomplete, illegible, damaged, incorrectly addressed, late, lost, misdirected and postage-due entries will not be accepted, acknowledged or returned. NOTE: to qualify, a postal entry must be postmarked by May 31, 2017, and received by June 7, 2017. Limit one (1) entry per outer mailing envelope.
4. Winner Selection:
Grand Prize Drawing:
One (1) Grand Prize Winner will be selected in a random drawing on or about June 9, 2017 from among all eligible entries received throughout the Sweepstakes Period, regardless of method of entry.
Odds of winning in any drawing depend on the number of eligible entries received
General Drawing Information:
The A Team LLC (“Administrator”), whose decision shall be final and binding, will conduct all drawings.
Potential Prize Winner will be notified within five (5) days of the relevant random drawing via e-mail or telephone using contact information submitted at the time of entry and will have five (5) days to respond via the e-mail address provided at time the individual entered the Sweepstakes or created his or her MyFitnessPal Account with all requested information to confirm eligibility and other details necessary to deliver a prize. Any prize notification or prize returned as undeliverable may be awarded to an alternate. Prize will be shipped to the address provided to Administrator during prize notification and acceptance. Allow approximately 6-8 weeks for delivery. Sponsor is not responsible if prize is stolen, lost or used without permission.
One Grand Prize Available: One (1) eligible entrant will be randomly selected to win one (1) trip for winner and one (1) guest to Santa Monica, CA. Trip includes: round-trip coach air transportation tickets for winner and guest from major U.S. airport nearest winner's residence (as determined by Sponsor in its sole discretion) to Los Angeles, CA; three (3) nights standard accommodations (1 room/double occupancy) at sponsor-selected hotel; a Pacific Ocean Sunset Dinner Cruise for two (2); and $500 spending money. Actual value of trip prize may vary depending on departure city; any difference between announced value and actual value will not be awarded. Winner is solely responsible for the payment of all federal, state, and local taxes and all additional meals, beverages, transportation, or other expenses or costs relating to the prize not expressly set forth above. Major credit card will be required at hotel check-in to cover any incidental expenses. Winner and travel companion must travel on the same itinerary. Winner and travel companion may be required to sign a Liability/Publicity Release (where imposing such condition is legal) prior to ticketing (the “Prize Claim Documents”). Any winner or other person taking part in the trip who is a minor under the laws of his/her state of residence must be accompanied by a parent or legal guardian who also must execute all documents on behalf of the minor. Winner and travel companion must have all ID and other documents necessary for travel. If winner cannot travel on specified dates, an alternate winner may be selected In the event a Grand Prize winner’s residence is close enough to Los Angeles, California such that air transportation is deemed by Sponsor in its sole discretion to be unnecessary, the applicable Grand Prize will not include air transportation from such Grand Prize winner’s residence and no other substitution or compensation will be provided in lieu thereof. All aspects of the travel portions of the Grand Prize must be conducted on such dates as determined by Sponsor in its sole discretion. The dates of departure and return are subject to change at Sponsor’s sole discretion. Airfare may not include government taxes, Passenger Facility Charge or September 11th Security Fee. Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. Other travel restrictions and blackout dates may apply. All airline tickets are subject to the vagaries of flight variation, work stoppages, and schedule or route changes. Sponsor reserves the right to structure travel routes and select hotels in its sole discretion. The round trip air transportation element for any travel prize begins and ends at the point of departure. No interest will be awarded on cash prizes. Room taxes and other hotel fees are not included and if applicable may be payable at the time of check-out by the winner/guest. Any hotel cancellations or changes to hotel reservations after confirmation must be made with the hotel directly, and the Grand Prize winner is solely responsible for any charges and/or fees arising from changes made directly with the hotel. The prize restrictions/conditions stated herein are not all-inclusive and the Grand Prize described above may be subject to additional restrictions/conditions, which may be stated in the Prize Claim Documents and/or other travel documents. In the event the Grand Prize winner and/or his or her travel companion engages in behavior that, as determined by Sponsor in its sole discretion, is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the trip or other applicable experience early, in whole or in part, and send the Grand Prize winner and/or his or her travel companion home with no further compensation. Grand prize trip must be completed prior to April 30, 2018 and must be fully confirmed and booked within 60 days of verified prize acceptance. Total ARV of Grand Prize: $4,050.
Prize winner is solely responsible for all applicable federal, state, and local taxes on prizes. No transferring of prize, prize substitution, or cash equivalent of prize permitted by winner. Sponsor reserves the right to substitute the prize, in whole or in part, with a prize of equal or greater value in the event an advertised prize or any portion of the prize becomes unavailable. Any difference between the actual value of any prize and the approximate retail value set forth in these official rules may not be claimed and will not be awarded.
Additional Entry Requirements and Restrictions: Entries using macro, robotic, script or other forms of automatic entry will be disqualified. Entries will not be returned. Proof of submission does not constitute proof of receipt. If there is a dispute as to the identity of an online Entrant, the prize will be awarded to the authorized account holder of the email address associated with the MyFitnessPal Account employed for online entry. The "authorized account holder" is defined as the natural person to whom the email address is assigned by an Internet service 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. A potential winner may be asked to provide Sponsor and/or Administrator with proof that the potential winner is the authorized account holder of the email address associated with the winning entry. If a dispute cannot be resolved, the entry will be deemed ineligible and an alternate winner may be selected. No responsibility is assumed for entries and winner notification responses that are lost, delayed, lost, misdirected, misdelivered, marked postage-due, illegible, mutilated, incorrect or incomplete, and such entries will not be eligible for this Sweepstakes.
6. CONDITIONS OF PARTICIPATION: Each entrant must provide a valid e-mail address, and it is entrant’s responsibility to update Sponsors of any change in e-mail address by contacting MyFitnessPal at support@MyFitnessPal.com. No transfer, assignment, or substitution of a prize permitted. Entrants agree to be bound by the terms of these Official Rules. Decisions of Administrator and/or Sponsors are final and binding on all matters pertaining to this Sweepstakes. By participating in the Sweepstakes, each entrant agrees to release, discharge, indemnify, and hold harmless Sponsors, Paramount and those involved in the development, production, implementation, and distribution of this Sweepstakes, including each of their respective parent companies, affiliates, subsidiaries, service providers, and agencies, and each of their respective directors, officers, agents, employees, attorneys, and any other person or entity associated with such entities and/or the Sweepstakes, from any and all liability for any and all claims, damages, losses or injuries of any kind whatsoever, including without limitation, death, and bodily injury, damages, losses or injuries, or any injury, loss or damages of any kind to persons, including death, or property, arising from or relating to, in whole or in part, directly, or indirectly, from participation in this Sweepstakes, including entry into same, the awarding, delivery, acceptance, use, misuse, possession, loss, or misdirection of any prize, and participation in any Sweepstakes-related or prize-related activity. In addition, any potential winner of a prize valued at $600 or more may be required to provide his/her social security number to the Sponsors and an IRS Form 1099 may be issued in the potential winner's name. Failure to comply with this deadline may result in forfeiture of the prize and selection of an alternate Winner. Return of any prize/prize notification as undeliverable may result in disqualification and selection of an alternate Winner. By participating in the Sweepstakes and/or accepting a prize, each entrant consents to and gives the Sponsors the right to interview, photograph/video entrant, and in perpetuity to freely and exclusively use, publish, and display entrant’s name, address, entry form, picture, portrait, likeness, voice, video, statements, quotes, biographical information, and prize information (in whole or in part, as may be adapted, edited, or modified, as solely determined by Sponsors) for advertising, trade, publicity, and promotional purposes in any media now known or hereafter discovered, worldwide, and on the World Wide Web, without review, notification, or approval, all without additional consideration, unless prohibited by law. No responsibility is assumed for any printing, typographical, mechanical or other error in these Official Rules, any online or other advertisements for the Sweepstakes, the announcement of any prize, or otherwise in any materials.
7. INTERNET ORIENTED CONDITIONS: No responsibility is assumed for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, communication line failure, theft, or destruction or unauthorized access to or alterations of entry materials, or for technical, network, server, provider, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind including any injury or damage to entrant’s or any other person’s computer related to or resulting from participation in or downloading any materials with respect to the Sweepstakes, or inaccurate transmissions of or failure to receive entry information on account of technical problems or traffic congestion on the Internet or at any Web site or any combination thereof. If for any reason the Internet portion of the program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, human error, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, Sponsors reserve the right at their sole discretion to cancel, terminate, modify, or suspend the Sweepstakes and to select all winners from among the eligible entries received that are unaffected by the problem. Sponsors further reserve the right to disqualify any individual who tampers with the entry process, violates these Official Rules or undermines the integrity of the Sweepstakes. The Sponsors may prohibit an entrant from participating in the Sweepstakes if it determines that said entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices or intending to abuse, threaten, or harass other entrants.
Caution: Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Sweepstakes is a violation of criminal and civil laws and should such an attempt be made, Sponsors reserve the right to seek damages from any such entrant to the fullest extent of the law.
8. DISPUTES AND ARBITRATION; JURISDICTION AND VENUE: To the maximum extent permitted by applicable law, you and Sponsor agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Except where prohibited, you and we agree to submit to the personal and exclusive arbitration of disputes relating to the Sweepstakes under the rules of the American Arbitration Association. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Please visit www.adr.org for more information about arbitration.
Any arbitration between you and us, to the extent necessary, will be conducted in Baltimore, Maryland, and you waive any right to claim that such location is an inconvenient forum. You agree not to sue us or bring arbitration in any other forum.
The arbitration will be conducted in English. A single independent and impartial arbitrator will be appointed pursuant to the rules of the American Arbitration Association. Both you and we agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens for everyone involved:
· the arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration;
· the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and
· any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Barring extraordinary circumstances, the arbitrator will issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and will include a statement describing the reasons for the disposition of any claim.
You also acknowledge and understand that, with respect to any dispute with us arising out of or relating to your use of the Services:
· You are giving up your right to have a trial by jury;
· You are giving up your right to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit involving any such dispute; and
· You must file any claim within one (1) year after such claim arose or it is forever barred.
If this arbitration provision is found to be null and void, then all disputes arising in connection with the Sweepstakes or these Official Rules between us will be subject to the jurisdiction of the state and federal courts located in Baltimore, Maryland, and you and we hereby submit to the personal jurisdiction and venue of these courts.
This agreement to arbitrate will not preclude you or Sponsor from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or Under Armour from (i) applying to the appropriate court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, or (ii) seeking relief in any state or federal court for disputes related to a violation or possible violation of Sponsor’s intellectual property rights.
In the event of any litigation or arbitration arising from or related to this Sweepstakes or these Official Rules, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred including staff time, court costs, attorneys’ fees, and all other related expenses incurred in such litigation or arbitration.
9. PRIVACY: By entering the Sweepstakes, each entrant agrees to the Sponsors’ use of their personal information as described in the Sponsor’s Privacy Policies located athttp://www.myfitnesspal.com/account/terms_and_privacy?with_layout=true and http://www.jacklinks.com/pages/privacy-policy which is incorporated by reference herein and made a part of these Official Rules, except in those limited cases where these Official Rules expressly expand, modify, or contradict the Privacy Policies. In those circumstances, these Official Rules will govern the privacy relationship between Sponsors and the entrants. If during the registration process of the Sweepstakes, entrants have elected to receive (opt-in) email communications from Sponsors’ regarding future promotions or other offers, entrants may choose to opt-out and unsubscribe from such email communications at any time by accessing the link in the footer of the emails. If you are selected as a winner, your information may also be included in a publicly-available winner list
10. MYFITNESSPAL’S TERMS AND CONDITIONS OF USE: The MyFitnessPal Terms and Conditions of use located at http://www.myfitnesspal.com/account/terms_and_privacy?with_layout=true are incorporated by reference herein and made a part of these Official Rules.
11. WINNERS LIST: For any legally required winner’s list, send a stamped, self-addressed envelope by July 30, 2017 to: The UnderArmour and “Baywatch” Challenge, P.O. Box 1916 New York, NY 10156
12. SPONSOR: MyFitnessPal, Inc.525 Brannan St. San Francisco, CA 94107
13. ADMINISTRATOR: The A Team LLC, 1441 Broadway, 3rd Floor, New York, NY10018.
Registered trademarks used herein are the property of their respective owners. Neither Apple Inc. nor Google, Inc., is in any way a participant in, endorser or Sponsors of, or associated with the Sweepstakes.
Motion Picture Artwork © and TM 2016 Paramount Pictures. All Rights Reserved.