Official Rules (“Official Rules”)
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
By entering into this Sweepstakes, you accept the terms and conditions and set forth in these Official Rules. you confirm you are at least 18 years old and have reached the age of majority in your jurisdiction of residence at the time of entry (19 in Alabama and Nebraska; 21 in Mississippi). By entering the sweepstakes, you agree to sign up to receive electronic communications from Fatherly and Haven Life Insurance Agency, LLC (collectively, the “Associated Companies”). The Associated Companies have provided prizes to the Sweepstakes but only Fatherly is sponsoring the sweepstakes and responsible for operating the Sweepstakes. No Purchase Necessary. A Purchase Will Not Increase Your Chances of Winning. The Sweepstakes is subject to federal, state, municipal, and local laws and regulations and is void where prohibited. (New Jersey Notice: This Sweepstakes is not void in New Jersey).
Eligibility: Jump-Start Your Resolution (the “Sweepstakes”) is open to anyone who is at least eighteen (18) years of age and has reached the age of majority in their jurisdiction of residence at the time of entry (19 in Alabama and Nebraska; 21 in Mississippi) and lives within the continental United States and has a valid email address. Employees, independent contractors, interns, officers, directors, and agents of Sponsor and the Associated Companies are not eligible to enter.
Sponsor: The Sweepstakes is sponsored by Fatherly at 394 Broadway, Floor 2, New York, NY, 10013.
Agreement to Official Rules: By entering the Sweepstakes, you indicate your full and unconditional agreement to, and acceptance of, (a) these Official Rules and (b) Sponsor’s decisions, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein.
Entry Period: The Sweepstakes begins at 12:00am EST on 1/4/2018(“Entry Period”). Entries submitted before or after the Entry Period will not be eligible. Sponsor’s computer is the official timekeeping device for the Sweepstakes. The Sweepstakes will end on 1/18/18 at 11:59pm EST.
How to Enter: At the beginning of the Entry Period, you may enter the Sweepstakes by visiting the sweepstakes site https://www.fatherly.com/sign-up/win-a-smart-gym/(the “Sweepstakes Site”) and completing the Sweepstakes entry form. There is a limit of one (1) entry per person/email address (not including “Bonus Entries,” as described below). Additional entries per person/email address, excluding “Bonus Entries” will not be acknowledged and are not valid. The use of an agency or any automated system to enter is strictly prohibited and Sponsor reserves the right to disqualify any entries received through such methods, as determined by Sponsor, in its sole discretion.
By entering the Sweepstakes in accordance with the entry process described above, consent to receive electronic communications from the Associated Companies and agree that your email address and any other information collected in connection with the Sweepstakes may be used by the Associated Companies as follows: Fatherly in accordance with their Privacy Policy, a current copy of which can be found here https://www.fatherly.com/privacy-policy/; and Haven Life Insurance Agency, LLC, in accordance with their Privacy Policy, a current copy of which can be found here: https://havenlife.com/legal/privacy.html
Bonus Entries: Each person who submits an entry to the Sweepstakes will have the opportunity to obtain additional entries by performing listed social actions. For each action performed, the user will receive the allotted amount of bonus entries listed below.
Entrant will receive 1 additional entry for following fatherlyhq on Instagram.
Entrant will receive 1 additional entry for following FatherlyHQ on Pinterest.
Entrant will receive 1 additional entry for following havenlifeinsurance on Facebook.
Entrant will receive 1 additional entry for following havenlifeinsurance on Instagram.
Entrant will receive 1 additional entry for following HavenLifeInsure on Twitter.
Entrants can receive a total of six entries: one (1) initial entry and five (5) bonus entires.
Drawing: After the Entry Period, on or about 1/18/18, Sponsor will select 1 potential winner in a random drawing of all entries received. The odds of being selected depend on the number of entries received.
Notification and Requirements of Potential Winners: Sponsor will attempt to notify potential winner within five (5) business days of the drawing by email. If a potential winner does not respond within seven (7) business days after the notice is sent, the Sponsor will select an alternate potential winner in his/her place at random from all remaining entries received. Only three (3) alternate potential winners will be contacted. Except where prohibited, a potential winner may be required to complete and return an affidavit of eligibility and liability/publicity release. If a potential winner fails to sign and return these documents within the required time period, an alternate potential winner may be selected in his/her place in a random drawing of all remaining entries received. Only three (3) alternate potential winners may be contacted.
Prize(s): One (1) grand prize will be awarded and one (1) winner will be chosen.
Description of Prizes: Grand Prize (total value of $5000)
Prize will include premium home gym items, including a Peleton Bike, Bowflex Select, Sonos Play 3, Supernova 2.0, TRX Trainer, Withthings Smart Body Analyzer, and Fitbit Ionic (final prizing details will be contingent on product availability. Total value of prize will not exceed $5000[Office1] [Office2] [CH3] ).
Winner is solely and fully responsible for any and all applicable federal, state, city, and local taxes (including income and withholding taxes). If applicable, winner understands he/she will be issued an IRS 1099 for the prize value received within a tax year if applicable based on the amount of the prize value. In the event that Sponsor determines in either party’s sole and absolute discretion that it has a tax withholding obligation pursuant to any federal, state, city, or local tax rule, Sponsor shall withhold such amounts from the award.
The prize may not be bartered, assigned, transferred (whether by inheritance or otherwise) or sold without the Sponsor’s approval, which may be withheld in Sponsor’s sole and absolute discretion. No prize substitution or exchange will be allowed, except by Sponsor, who reserves the right to substitute a prize of equal or greater value in case of unavailability of a prize or force majeure, at Sponsor’s sole and absolute discretion. All other costs and expenses not expressly set forth herein shall be solely the winner’s responsibility.
General Conditions: In the event that the operation, security, or administration of the Sweepstakes is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, Sponsor may, in its sole discretion, either: (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; or (b) award the prize(s) at random from among the eligible entries received up to the time of the impairment. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Failure by Sponsor to enforce any term of these Official Rules shall not constitute a waiver of that provision. Proof of sending any communication to Sponsor by mail shall not be deemed proof of receipt of that communication by Sponsor. In the event of a dispute as to any online entry, the authorized account holder of the email address used to enter will be deemed to be the participant. The “authorized account holder” is the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address.
Release and Limitations of Liability: The Sponsor, Associated Companies, and each of their respective affiliates, subsidiaries, representatives, sales representatives, agents, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, Web masters and their respective officers, directors, stockholders, employees, representatives, designees and agents (“Released Parties”) are not responsible for lost, late, incomplete, stolen, misdirected, or undeliverable email notifications; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections or availability; or garbled, corrupt or jumbled transmissions, service provider/Internet/Website/Page/use net accessibility, availability or traffic congestion; or any technical, mechanical, printing or typographical or other error; or unauthorized human intervention; or the incorrect or inaccurate capture of registration information; or the failure to capture, or loss of, any such information. The Released Parties are not responsible for any incorrect or inaccurate information, whether caused by any Website or Page users, tampering, hacking or by any of the equipment or programming associated with or utilized in the Sweepstakes and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to any Website. The Released Parties are not responsible for any injury or damage, whether personal or property, to participants or to any person’s computer related to or resulting from participating in the Sweepstakes and/or accepting a prize. The Released Parties shall not be responsible or liable for entries entered by any automated computer, program, mechanism or device, for any entries in excess of the stated limit or for entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules, and all such entries may, in Sponsor’s sole and absolute discretion, be disqualified.
By entering the Sweepstakes and submitting an entry, each entrant agrees to waive all of his or her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Sweepstakes; and to forever and irrevocably release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with: (a) the Sweepstakes, including, but not limited to, any Sweepstakes-related activity or element thereof, and the entrant’s entries, participation or inability to participate in the Sweepstakes, (b) the violation of any third-party privacy, personal, publicity or proprietary rights, (c) typographical or printing errors in these Official Rules or any Sweepstakes materials, (d) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a Prize (or any component thereof), (e) any change in the prize (or any components thereof) due to unavailability or due to reasons beyond Sponsor’s control, including, but not limited to, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot or any other cause beyond any of the Released Parties’ control, or as otherwise permitted in these Official Rules, (f) any interruptions in or postponement, cancellation or modification of the Sweepstakes, (g) human error, (h) incorrect or inaccurate transcription, receipt or transmission of any part of any entry (including, without limitation, the registration information, any other element of a tweet, or any parts thereof), (i) any technical malfunctions or unavailability of the Website or any telephone network, computer system, computer online system, mobile device, computer timing and/or dating mechanism, computer equipment, software or Internet service provider, or mail service utilized by any of the Released Parties or by an entrant (j) interruption or inability to access the Sweepstakes, the Website or any other Sweepstakes-related websites or any online service via the Internet due to hardware or software compatibility problems, (k) any damage to entrant’s (or any third person’s) device, equipment used to access the Sweepstakes and/or its contents related to or resulting from any part of the Sweepstakes, (l) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (m) any late, lost, stolen, mutilated, misdirected, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged entries, (n) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties, (o) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof), or (p) the negligence or willful misconduct by entrant.
Without limiting the foregoing, everything regarding this Sweepstakes, including the Sweepstakes Site and prize components, are provided “as is” without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Some jurisdictions may not allow the limitations or exclusions of liability for incidental or consequential damages or exclusions of implied warranties, so some of the above limitations or exclusions may not apply. Check local laws for any restrictions or limitations regarding these limitations or exclusions.
Privacy and Use of Information Submitted; Publicity: Any information you submit as part of the Sweepstakes will be used for purposes of this Sweepstakes and treated in accordance with Sponsor’s Privacy Policy as otherwise set forth in these Official Rules. Except where prohibited, participation in the Sweepstakes constitutes an entrant’s consent to Sponsor’s use of his/her name, likeness, voice, opinions, biographical information, and state of residence for promotional purposes in any media without further payment or consideration.
[Office4] [CH5] Disputes: Except where prohibited, you agree that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in New York, NY. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of NY, without giving effect to any choice of law or conflict of law rules (whether of NY or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than NY.
Third Party Platforms: If this Sweepstakes is hosted, administered, or operated on a third party platform, including without limitation a social media platform (e.g. Facebook or Twitter) (“Third Party Platform”), then by participating in this Sweepstakes, entrants hereby release and agree to comply with all rules and policies set forth by such Third Party Platform and to hold harmless such Third Party Platform from any and all liability, loss or damages arising from or in connection with the awarding, receipt, and/or use or misuse of prizes or participation in any prize related activities. Unless otherwise stated to the contrary in these Official Rules, this Sweepstakes is not sponsored, endorsed or administered by, or associated with, any Third Party Platform.
Results: To request a winners list, send a self addressed, stamped envelope to Fatherly at 394 Broadway , Floor 2, New York, NY, 10013. Requests must be received within four (4) weeks of the end of the Entry Period.