Member Survey Official Rules

No purchase or payment of any kind necessary to enter or win. A purchase will not increase your chances of winning. This Giveaway is intended for play in the United States and will be governed by United States law. Do not enter if you are not eligible or located outside of the United States at the time of entry.\n\n \n\n1.Eligibility.\n

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  1. Requirement.The Mountainside Fitness – Member Survey Giveaway (the “Giveaway”) is open to legal residents of the United States who are 18 years of age or older at the time of entry.
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  3. Exclusion.Employees, contractors, directors, and officers of Mountainside Fitness (the “Sponsor”) and Diablo Custom Publications and their respective parents, subsidiaries, affiliated companies, and distributors, and the advertising, fulfillment, judging, and promotion agencies involved in the development and administration of the Giveaway (collectively the “Promotional Parties”), and their immediate family members (spouse, parent, child, sibling, and their respective spouses, regardless of where they reside) and household members, whether or not related, are not eligible to participate. This Giveaway is void outside of the United States. Subject to all applicable federal, state, and local laws and regulations.
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  5. Agreement with Official Rules.Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and judge’s decisions, which are final and binding on all matters related to the Giveaway.
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\n2.Promotion Period. The Giveaway begins on October 7, 2015 at 9:00 a.m. mountain time and ends October 13, 2015 at 11:59 p.m. mountain time (the “Promotional Period”). The Sponsor’s clock is the official clock for this Giveaway.\n\n3.How to Enter. To enter the Giveaway, complete one of the following two methods of entry. Limit one entry per person, regardless of the method of entry. Any form of entry other than described herein is void. All entries must be received during the Promotional Period.\n

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  1. Through Membership Survey link.To enter, visit https://www.surveymonkey.com/r/6V9VCLX, complete all required fields in the signup form and click submit. Should multiple users of the same email account enter the Giveaway and a dispute thereafter arises regarding the identity of the entrant, the authorized account holder of said account at the time of entry will be considered the entrant.
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  3. Free Alternative Method of Entry.Visit www.mountainsidefitness.com/wordpress/contact-us/, and submit a message with “Member Survey Giveaway” in the subject line. Limit one entry per valid email address.
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\n4.Entrant’s Personal Information.  If you are selected as a winner, your information may also be included in a publically-available winners list.\n\n5.Prize Drawings. By October 16, 2015 at 11:00 a.m. mountain time, one potential winner will be selected at random from all eligible entries received. Limit one prize per entrant or household.\n\n6.Prize Winner Notification and Requirements. Potential winner will be notified via email on October 16, 2015 or about 12:00 p.m. mountain time. At the Sponsor’s discretion, the Sponsor may also notify potential winners via other methods. The potential winner may be required to complete, sign, and return to Sponsor an affidavit of eligibility and a liability and publicity release (unless otherwise prohibited) within one day of the date of attempted notification. Sponsor will have no liability for any notification that is lost, intercepted, or not received by any potential winner for any reason. The prize may be forfeited if (a) the potential winner cannot be contacted within one days, (b) the potential winner fails to complete, sign, and return the affidavit of eligibility and/or the liability and publicity release within the required time period (if so required), (c) the potential winner is not in compliance with these Official Rules, or (d) a prize or prize notification is returned as undeliverable. In the event that the potential winner is disqualified for any reason, Sponsor reserves the right, but does not have the obligation, to award the prize to an alternate entrant who will also be selected randomly, even if the disqualified potential winner’s name has been publically announced. All prize details are at Sponsor’s sole discretion.\n\n7.Prize. There will be a total of one prize awarded. The prize cannot be returned to Sponsor in any way. No cash alternative or substitution will be allowed, except Sponsor reserves the right in its sole discretion to substitute a prize for another article of comparable value if the prize listed is unavailable for any reason. The prize consists of two (2) tickets to a Phoenix Suns NBA basketball game.\n\n8.Other Prize Terms. All taxes are the sole responsibility of the winner. Odds of winning a prize are one out of the total number of eligible entries received. Limit one prize per person or household. Prizes and obligations pursuant to these Official Rules cannot be assigned.\n\n9.General Conditions.\n

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  1. Publicity Release.By accepting a prize, each winner grants Sponsor and their designees and sublicensees the right to use his/her name, biographical information, testimonial, photo and/or likeness, voice, and/or prize information or personal exposition (and/or any edited portion thereof) for advertising, publicity, promotional, and other purposes in any and all media, now or hereafter devised, throughout the world in perpetuity, without additional compensation, notification or permission, except where prohibited by law.
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  3. Force Majeure.Released Parties (as defined below) are not responsible for lost, late, incomplete, illegible, inaccurate, delayed, stolen, misdirected, undelivered or garbled entries; or for lost, interrupted or unavailable network, server, ISP, website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind, whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Giveaway, including, without limitation, errors or difficulties which may occur in connection with the administration of the Giveaway, the processing of entries, the announcement of the prizes or in any Giveaway-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Giveaway. Released Parties are not responsible for injury or damage to entrant’s computer or to any other person’s computer related to or resulting from participating in this Giveaway or downloading materials from or use of the website.
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  5. Disqualification.Persons who tamper with or abuse any aspect of the Giveaway or website, who are in violation of these Official Rules, or who act in an unsportsmanlike or disruptive manner as solely determined by Sponsor, will be disqualified and all associated entries will be void. Sponsor reserves the right at its sole discretion to suspend, modify, or terminate the Giveaway for any reason, including, but not limited to, should any portion of the Giveaway be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness, or proper play, or submission of entries. If so terminated, at the Sponsor’s discretion, Sponsor may randomly select the winners from among all eligible, non-suspect entries received prior to termination or as otherwise deemed fair and appropriate by Sponsor.
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  7. Other Terms and Conditions.Automated entries are prohibited, and any use of automated devices will cause disqualification. Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process. Entrants may not register with multiple email addresses nor may entrants use any other device or artifice to register multiple times or as multiple registrants. Any entrant who attempts to enter with multiple email addresses under multiple identities or uses any device or artifice to enter multiple times will be disqualified and forfeits any and all prizes won, in Sponsor’s discretion. Each entrant agrees to receive commercial emails from Sponsor, which the entrant may opt-out of by following the instructions in a commercial email.
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\n10.Limitation of Liability.\n

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  1. Release.By entering the Giveaway, each entrant agrees for entrant and for entrant’s heirs, executors, and administrators (i) to release, defend, indemnify, and hold harmless the Promotional Entities and their respective officers, directors, employees, agents, affiliates, and parent corporations (collectively, “Released Parties”) from any and all costs, injuries, losses, or damages of any kind, including, without limitation, death and bodily injury, due in whole or in party, directly or indirectly, to participation in the Giveaway or any Giveaway related activity, or from entrant’s acceptance, receipt, possession and/or use or misuse of a prize; (ii) that 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, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose; (iii) to comply with all Promotion Entities’ policies, terms, and conditions relating to the use of Promotion Entities’ websites; and (iv) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Giveaway itself. Failure to comply with these conditions may result in disqualification from the Giveaway at Sponsor’s sole discretion. This release, defense, indemnification and hold harmless obligation shall survive any expiration or termination of the Giveaway.
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  3. Limitation of Liability.SPONSOR’S LIABILITY ARISING IN CONNECTION WITH THIS GIVEAWAY WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, IN NEGLIGENCE, OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF (I) $50 WITH RESPECT TO NON-WINNERS; (II) $500 WITH RESPECT TO THE WINNER AND SHALL BE FURTHER LIMITED TO ACTUAL DAMAGES EQUAL TO OR LESS THAN SUCH AMOUNTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPONSOR SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OR FOR ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM. ENTRANT IS NOT ENTITLED TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF.
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\n11.Adjudication of Claims.\n\nDo not enter this Giveaway if you do not agree to have any claim or controversy related to this Giveaway finally decided in accordance with these Official Rules.\n

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  1. Binding Arbitration.Any claim, dispute, or controversy arising under or related to this Giveaway shall be resolved first by means of direct discussions with Sponsor. If not resolved pursuant to such discussions, claim, dispute, or controversy shall then be resolved by final and binding arbitration. All proceedings brought pursuant to this agreement will be conducted in the county of Maricopa in the state of Arizona. Any claim, dispute, or controversy arising out of or related to this Giveaway must be submitted within three months from the last day of the Promotional Period; otherwise, such claim is permanently barred.
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\nANY PROCEEDINGS TO RESOLVE ANY DISPUTE SHALL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS AND ENTRANT WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, OR IN ANY PROCEEDING IN WHICH AN ENTRANT OR SPONSOR ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT THE WRITTEN CONSENT OF ENTRANT, SPONSOR, AND ALL PARTIES TO ANY SUCH ARBITRATION OR PROCEEDING.\n\nIf any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable, or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate such dispute.\n

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  1. Litigation in Certain Circumstances.If the binding arbitration provision above is determined to be null AND void or if any claim or controversy must be litigated for any reason, ENTRANT AND SPONSOR HEREBY WAIVE ANY RIGHT THEY MAY HAVE TO A TRIAL JURY IN ANY ACTION, SUIT, OR PROCEEDING ARISING OUT OF OR IN CONNECTION WITH THIS GIVEAWAY.
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\nANY ACTION, SUIT, OR PROCEEDING ARISING OUT OF OR IN CONNECTION WITH THIS GIVEAWAY SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE JUDGE MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.\n\nAny action brought by entrant or sponsor under this agreement shall only be brought in a state or federal court located in the county of Maricopa, state of Arizona. Entrant hereby submits to the jurisdiction and venue of such courts and waives any objection to which the entrant otherwise might be entitled regarding such jurisdiction or venue.\n\n12.Governing Law. These Official Rules and the Giveaway are governed by U.S. laws and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation, and enforceability of the Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of the state of Arizona, U.S.A., without giving effect to the conflict of laws rules thereof.\n\n13.Severability. 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. Sponsor may, in its discretion, replace the invalidated or unenforceable provisions with valid and enforceable provisions that, in the Sponsor’s discretion, fulfill the intent of the Giveaway.\n\n14.Copy of Winner List and Official Rules. For the name of the winner or copy of these Official Rules, send your request to Mountainside Fitness – Member Survey Giveaway Winners List, 1230 West Washington Street, Suite 111, Tempe, AZ 85281. All such requests must be received by October 16, 2015.\n\n15.Sponsor. Mountainside Fitness, 1230 West Washington Street, Suite 111, Tempe, AZ 85281.\n\n