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BLINK FITNESS #HEARMEROAR CONTEST OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. 1. PRELIMINARY INFORMATION: By entry into the Contest, you accept and agree to be bound by these official rules (“Official Rules”). The #HearMeRoar Contest (the “Contest”) is sponsored by Blink Holdings, Inc., located at 386 Park th Ave. S., 11 Floor, New York, NY 10016 (“Blink”). The Contest is subject to all applicable federal, state, municipal, provincial, and local laws and regulations. Void in Quebec and where prohibited by law. 2. ELIGIBILITY: “Entrant” means each individual that is eligible to enter the Contest by satisfying the following requirements. The Contest is open only to legal residents of the fifty (50) United States and the District of Columbia, who are at least 18 years of age and reside within fifty (50) miles of a Blink Fitness location, and who satisfy the other eligibility criteria in this Section 2, as of the date and at the time they enter the Contest (each, an “Entrant”). Blink Fitness clubs are not available in all areas; visit www.blinkfitness.com/locations to locate the club nearest you. Employees, independent contractors, officers, and directors of Blink and its affiliates, subsidiaries, distributors, sales representatives, retailers, and advertising, promotion and judging agencies and all other service agencies involved with the Contest, and their immediate family members (spouse/domestic partner, parents, children, siblings and their respective spouses) and those living in the same household of each (whether legally related or not) are not eligible to enter or win. Individuals who are current Blink Fitness members who have a past due balance or are otherwise not in good standing with Blink, as well as former Blink Fitness members who had their membership terminated by Blink, or former Blink employees who were terminated for cause, and individuals who may otherwise not be permitted to enter Blink Fitness facilities for any reason are also not eligible to enter or win. Entrants must have a free Instagram account to enter. There is no purchase required to register for an Instagram account. Entrants must adjust their account settings so that their Instagram account is not “private” in order to be eligible to enter the Contest. Visit instagram.com for more information on how to open an account and adjust account settings. Please note that you must agree to comply with the Instagram Terms of Services in order to create an Instagram account. Entrants are responsible for their own mobile devices and Internet and cellular access. Data rates may apply. Entrants must also have a valid email address. 3. CONTEST ENTRY PERIOD: The Contest entry period (“Contest Period”) begins March 8, 2018 immediately after the challenge is posted (challenge will be posted prior to 5:00:00 PM Eastern Time) and ends March 12, 2018 at 11:59:59 PM Eastern Time). 4. HOW TO ENTER THE CONTEST: At the start of the Contest Period, Blink will release a call to action with the Contest theme via the @blinkfitness account on Instagram. In order to enter and participate in the Contest, eligible Entrants must: (1) Follow @blinkfitness on Instagram and look for a post describing the Contest theme. (2) Tag a female friend’s personal Instagram account (your “Nominee”) in the comments section of the @blinkfitness post depicting a strong woman who has positively impacted the lives of women and her own community. Use your comment to tell your Nominee’s amazing story. Your Nominee must be a woman, but you are free to nominate an individual who identifies with and public presents themselves as a woman. Make sure your Nominee is comfortable with her story being told in public – see Section 5. (3) Start your comment with both the hashtags #HearMeRoar and #Entry (an “Entry”). Entries that do not start with both hashtags, do not comply with the entry instructions, and/or do not otherwise meet the Entry Rules (see below) will be void and disqualified. Entries that are removed, hidden or deleted from public viewing prior to date of Winner verification will be void and disqualified. All qualifying Entries are eligible to win a Prize. Limit two (2) Entries per person. If more than two (2) Entries are received per person, only the first two (2) Entries received will be eligible to enter and win.
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This Contest is in no way sponsored, endorsed or administered by, or associated with Instagram. Should multiple users of the same Instagram account enter the Contest and a dispute thereafter arise regarding the identity of the Entrant, the authorized account holder of said Instagram account at the time of entry will be considered the Entrant. “Authorized account holder” is defined as the natural person who is assigned an Instagram account by Instagram. Entrants can only use one Instagram account to enter the Contest and may not enter with multiple Instagram accounts, nor may Entrants use any other device or artifice to enter multiple times above the stated limit or as multiple Entrants. ENTRY RULES: Entries must comply with the Instagram Terms of Use and the following rules for eligible Entries (together, the “Entry Rules”), as well as all other Official Rules. Determination of compliance with Entry Rules and all other Official Rules will be in the sole discretion of Blink and the judges, whose decisions are final and binding. • Entrant attests that he/she has received permission from Nominee to include Nominee in the Entry and to permit Blink to use Nominee’s account name and story. As a condition of Entrant being deemed a Winner, Blink may require Entrant to provide written confirmation of such permissions and/or require such persons depicted to sign a release form provided by Blink. Entries may not contain any identifiable minors. • Entries may not include any personally identifiable information (including last name, address, email, telephone number, place of work, etc.) of Entrant or any other person(s), whether they appear in the Entry or not (exception: names and other identifiers that appear in an Entrant’s Instagram account username), or otherwise invade the privacy rights of any person or entity. Entries may not contain any information that references other websites, addresses, email addresses, contact information or phone numbers. • Entries must nominate someone Entrant knows. Entries may not contain or depict the names, likenesses or other indicia identifying celebrities and/or other public figures. • Entries must be in English (common foreign words/phrases are acceptable). Entries must be the Entrant’s original work and may not have won a previous prize or award. Entries may not violate the intellectual property or other rights of any third person. Entries may not constitute advertising for or promotion of any product or service of Entrant or any third party. • Entries must be suitable for presentation in a public forum. Entries may not contain, depict or promote any dangerous, reckless, sexually explicit, indecent, illegal or unlawful behavior or activity; any violence, threats to any person, place, business or group, damage to or theft of property, abuse, use of illegal drugs, excessive or inappropriate use of alcohol or legal drugs, or otherwise graphic content; or any defamatory, libelous, offensive, sexual explicit, indecent, profane or otherwise inappropriate statements or content (including words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation, or socioeconomic group).
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Entries may not impersonate or falsely state or otherwise misrepresent Entrant’s professional or other affiliation with Blink or with any other person or entity. Entries may not disparage, or refer to, depict or otherwise reflect negatively upon, Blink or its affiliates and employees, the Contest or any other person or entity.
Blink reserves the right to waive one or more Entry Rules set forth herein in its reasonable discretion. Any waiver of any obligation hereunder by Blink does not constitute a general waiver of any obligation to Entrants or any other terms or conditions of these Official Rules. Blink reserves the right, in its reasonable discretion, during or upon completion of the Entry Period, to request that any Entrant re-‐post his or her Entry which fails to comply with the Entry Rules prior to any judging period. BY ENTERING THIS CONTEST, ENTRANT CERTIFIES THAT ENTRANT HAS FOLLOWED AND COMPLIED WITH THESE ENTRY RULES AND ALL OTHER OFFICIAL RULES. ANY ENTRIES THAT DO NOT COMPLY WITH THESE ENTRY RULES AND ALL OTHER OFFICIAL RULES WILL BE VOID AND DISQUALIFIED. BLINK RESERVES THE RIGHT (BUT NOT THE OBLIGATION) TO MONITOR ALL ENTRIES, TO REPORT TO INSTAGRAM, AND REQUEST REMOVAL OF, ANY ENTRY THAT VIOLATES THE RULES OR IS OTHERWISE DEEMED INAPPROPRIATE, AND TO OTHERWISE COOPERATE WITH INSTAGRAM OR ANY LAW ENFORCEMENT AUTHORITIES IN THE INVESTIGATION OF ANY ENTRIES. ENTRANT ACKNOWLEDGES THAT ALL ENTRIES
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POSTED TO INSTAGRAM HAVE NOT BEEN EDITED OR CURATED BY BLINK AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF BLINK IN ANY MANNER. JUDGING: At the conclusion of the Entry Period, all Entries received during Entry Period will be judged by a panel of judges comprised of Blink employees and at least one independent judge in New York City, New York, USA to determine three (3) potential winters of the Prizes. Judging will be based on the following criteria: Appropriateness to Theme -‐ 50%; Powerfulness of Entry -‐ 40%; and Quality of Entry – 10%. In the event of a tie, tied Entries will be re-‐judged based on "Appropriateness to Theme” to determine the potential winners. Blink reserves the right to, in its sole discretion, select an additional potential winner who will also be eligible to win a Prize. Limit one (1) Prize per person/household. Judging will occur on/about 2 business days after the close of the Entry Period, but may be expedited or delayed in Blink’s sole discretion. COMMUNICATION WITH POTENTIAL WINNERS: Blink will contact each potential winner by sending a direct message (DM) from the @blinkfitness Instagram account to the Instagram account associated with the potential winner on/about three (3) business days after the drawing, but notification may be expedited or delayed in Blink’s sole discretion. Potential winners must reply to DM and provide any additional information (e.g., email address) within twenty-‐four 24) hours. Potential winners may be required to provide identification sufficient to demonstrate ownership of the Instagram account used to enter, including without limitation by providing the original photo/video file of his/her Entry, if applicable, in Blink’s sole discretion. If a potential winner’s response is not received within twenty-‐four (24) hours after the initial DM was sent, or if the DM is returned as undeliverable, Blink may, in its sole discretion, disqualify the potential winner without further notice and either forfeit the Prize or select an alternate potential winner in accordance with the judging criteria set forth in Section 6 above. As a condition of winning, Blink may also require potential winners to sign an Affidavit/Declaration of Eligibility (certifying, among other things, that the potential winner complied with the Official Rules), Release of Liability, and/or Prize Acceptance Form (collectively “Winner Documents”). All such documents must be completed and returned to Blink within five (5) days of attempted delivery of the same to the potential winner. If a potential winner does not complete such documentation within such period, or Blink’s initial delivery of the same is returned as undeliverable or the potential winner is otherwise deemed ineligible, not in compliance with these Official Rules or declines to accept the Prize, Blink may, in its sole discretion, disqualify the potential winner without further notice and either forfeit the Prize or select an alternate potential winner in accordance with the judging criteria set forth in Section 6 above. All results are unofficial until Blink’s acceptance of each potential winner’s claim of the Prize and completion of required Winner Documents (once accepted, each a “Winner”). Entrants that do not win will not be notified. Blink is not responsible for any change of email address, mailing address and/or telephone number of Entrants. PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”): Each of the Winners will be eligible to receive two (2) complimentary one (1) year All Access (“Green”) level memberships to Blink Fitness clubs, to be used by the Winner and Winner’s Nominee, subject to the conditions described below (each, a “Prize”). A total of three (3) Prizes will be available to be awarded. Each Prize membership includes only the one-‐time initiation fee, 12 months of membership fees and the annual maintenance fee for the complimentary 12-‐month term. EACH PRIZE IS SUBJECT TO THE MEMBERSHIP TERMS AND CONDITIONS NOTED BELOW AND THE MEMBER TERMS (DEFINED BELOW). The total approximate retail value (“ARV”) for each Prize is $920 ($460 per membership). The total ARV for all Prizes available to be awarded in this Contest is $2,760 USD. ARVs are determined as of the date of the start of the Contest Period. The difference in value of a Prize as stated herein and value at time of prize notification, if any, will not be awarded. Prizes will be awarded “as is” with no warranty or guaranty, either express or implied by Blink. Prizes are non-‐transferable, non-‐descendible, and have no cash value or equivalent. All federal, state, provincial and/or local taxes and other costs or assessments resulting from the acceptance of a Prize, regardless of whether it, in whole or in part, is used, are the sole responsibility of the applicable Winner and Winners may be subject to withholding tax. Winners who are US residents may be required to provide Blink with a valid social security number or tax identification number for tax reporting purposes before the Prize will be awarded. Each Prize consists of only the item specifically listed as part of the Prize. In no event will Blink be obligated to award more than the stated number of Prizes. Blink reserves the right to substitute any Prize or Prize element with a different item of equal or greater value. Unclaimed Prizes will not be awarded. Prizes may not be awarded if, among other things, a potential winner does not meet the Contest eligibility requirements or a Prize is not properly claimed.
Nominees: Winner will also receive a complimentary one (1) year All Access (“Green”) level membership to Blink Fitness Clubs to be provided to Winner’s Nominee, subject to the terms and conditions hereof. As of the date the Nominee Release is signed (see below), the Nominee must be 18 years of age, a legal resident of the fifty (50) United States (including the District of Columbia) and reside within fifty (50) miles of a Blink Fitness location or older and a legal resident of the United States. Blink members who are not in good standing, former members who had their membership terminated by Blink, former Blink employees who were terminated for cause, and any individual who is otherwise not permitted to enter Blink facilities for any reason are not eligible to be selected as a Nominee. Each Nominee will be required to execute and return a release of liability and a publicity release (collectively, the “Nominee Release”), which Nominee must return with the required Contest Documentation or the Nominee portion of the Prize will be forfeited. Should Winner fail to submit the Nominee Release, Blink may in its sole discretion deem the Prize as forfeited. The Nominee may not be substituted for any other woman, except in Blink’s sole discretion.
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Membership Terms and Conditions: Notwithstanding anything to the contrary herein, Blink shall not be required to award a Prize to a potential winner or any Nominee, or otherwise allow membership to or use of its clubs to any individual, who does not complete and sign Blink’s standard membership agreement, and any other waivers or documentation that are generally provided as part of the Blink Fitness enrollment or membership process, and otherwise agree to comply with Blink’s standard rules, policies and procedures (“Member Terms”), and Blink shall have the right to at any time, in its sole discretion, immediately terminate any Winner’s or Nominee’s membership for any failure to comply with the Member Terms and/or for any reason permitted under the Member Terms. No refund or compensation will be made in the event of the cancellation of membership. Any costs associated with receipt and use of the Prize that are not expressly stated above are not included in the Prize, and Winner and Nominee are solely responsible for such costs, which may include, without limitation: transportation to/from Blink Fitness locations, parking fees, ancillary club services and costs (e.g., personal training sessions and retail purchases), state or local taxes or government surcharges or fees, service charges, facility fees, security fees, incidentals, or other personal costs and expenses not specified herein. Certain Blink Fitness clubs may be excluded from All Access (Green) level membership in accordance with Blink’s standard rules, policies and procedures, and the Prize does not include access to those clubs. Prize membership term for Winners and Nominees will commence on May 1, 2017 (or such other date selected by Blink in its sole discretion), except that if Winner or Nominee is a current member who utilized Blink’s “Pay-‐in-‐Full” option, then the Prize membership term will commence immediately upon conclusion of the Winner’s or Nominee’s current annual commitment (e.g., if the Paid-‐in-‐Full term runs from the December 1, 2017 through November 30 2018, the Prize membership term will commence on December 1, 2018. BY ACCEPTING THE PRIZE, WINNER AND NOMINEE ACCEPT THE INHERENTLY DANGEROUS NATURE AND RISK IN USE OF THE PRIZE, INCLUDING PERSONAL INJURY AND/OR DEATH, ACKNOWLEDGES THAT PARTICIPATION IN THE PRIZE IS VOLUNTARY, ACKNOWLEDGES THAT THERE ARE NATURAL FACTORS AND OCCURRENCES WHICH MAY IMPACT ON OR AFFECT THE SAFETY OF THE ACTIVITIES WINNER (OR NOMINEE, AS APPLICABLE) IS PARTICIPATING IN AND WINNER AND NOMINEE ASSUME THE RISK OF SUCH FACTORS AND OCCURRENCES AND AGREES THAT RELEASED PARTIES SHALL NOT BE IN ANY WAY RESPONSIBLE FOR ANY RESULTING INJURY AND/OR DEATH. GENERAL RULES: By entering the Contest, Entrant accepts and agrees to these Official Rules and the decisions of Blink and its representatives, which shall be final and binding in all matters, and Entrant represents to Blink that he/she is eligible to participate in the Contest and that all information he/she provides is and will be accurate. Proof of submission is not proof of receipt of Entry. To the extent permitted by applicable law, acceptance of these Official Rules also constitutes Entrant’s permission to Blink to, and Blink reserves the right (but not the obligation) to: (1) use Entrant’s name, likeness and Instagram account name and reproduce/distribute all Entries in any and all media throughout the world in perpetuity; (2) alter, amend, edit or change Entries prior to distribution; and (3) use, distribute, reproduce, alter, amend and otherwise exploit Entries for purposes of advertising, trade and otherwise, in each case without further notice or compensation to, or approval from, the Entrant. By accepting a prize, each Winner grants (and agrees to confirm in writing, upon Blink request) to Blink and its affiliates and subsidiaries, perpetual, irrevocable, non-‐ exclusive, freely transferable, royalty-‐free, worldwide right and license to freely use, distribute, reproduce, alter, create derivative works of and otherwise exploit Winner’s winning Entry in any all media now known and hereafter developed, including without limitation on Blink’s social media accounts, websites, mobile apps, signage and other advertising and marketing materials, for those purposes determined reasonably appropriate in Blink’s sole discretion, including without
limitation the promotion, advertisement, sale, marketing and exploitation of the Contest, Blink and/or its products and services, in each case without further notice or compensation to, or approval from, Winner. By accepting a Prize, each Winner further acknowledges and agrees that his/her first name and last name of each Winner, as well his/her city and state/province of residence, may also be posted on the Blink website, within the Blink mobile apps and/or in signage, digital or otherwise, within Blink Clubs, or otherwise included in a publicly-‐available winner’s list. The Released Parties (as defined below) are not responsible for (1) incomplete, lost, late, damaged, illegible or misdirected Entries, Prizes/Prize notifications or other communications to or from Entrants (including as a result of any e-‐mail filtering by an Entrant’s ISP or e-‐mail provider or insufficient space in Entrant’s email account or errors or losses of any postal or delivery service); (2) technical problems (including without limitation malfunctions of any telephone lines, computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmissions or any combination thereof); (3) fraud, cheating or other tampering with the Contest or its entry process; (4) typographical or other error in the printing or display of the Contest, including these Official Rules or Prize descriptions, administration of the Contest, or announcement of the Prizes or the Winners; or (5) any factor beyond Blink’s reasonable control that may impair the integrity, security, fairness, or proper functioning or administration of the Contest. As a result of any of the foregoing errors, failures or factors or for any other reason (including without limitation an unanticipated occurrence not fully addressed in these Official Rules) Blink reserves the right to, in its sole discretion, cancel, modify, terminate or suspend the Contest, or any part thereof including any Contest Period and Official Rules, in a manner deemed reasonable by Blink. Notice of any cancellation, modification, suspension or termination will be posted through the @blinkfitness Instagram account. In the event of any cancellation, modification, suspension, or termination Blink reserves the right (but not the obligation) to select potential winners, in accordance with Section 6, from the eligible, non-‐suspect Entries received prior to the time of the event warranting such cancellation, modification, suspension or termination. Blink is not responsible for any damage to any Entrant’s computer system/software related to or resulting from participating in the Contest. BLINK RESERVES THE RIGHT TO, IN ITS SOLE DISCRETION, DISQUALIFY ANY ENTRANT THAT BLINK FINDS TO BE TAMPERING WITH THE ENTRY PROCESS OR THE OPERATIONS OF THE CONTEST, THE @BLINKFITNESS ACCOUNT OR THE INSTAGRAM WEBSITE OR MOBILE APP, INCLUDING WITHOUT LIMITATION BY ATTEMPTING TO OBTAIN ADDITIONAL ENTRIES, WHETHER THROUGH USE OF ENTERING WITH MULTIPLE ACCOUNTS, ROBOTIC, AUTOMATIC, PROGRAMMED OR OTHER LIKE MEANS OR DEVICES, OR OTHERWISE UNDERMINING THE LEGITIMATE OPERATION OF THE CONTEST, AND BLINK FURTHER RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. By entering the Contest, each Entrant agrees (and agrees to confirm in writing) on behalf of himself/herself and his/her heirs and assigns, to the fullest extent permitted by law, to: (1) forever waive, release, discharge and hold harmless Blink, Instagram, their respective affiliates and subsidiaries, and each of their respective officers, directors, employees and independent contractors (“Released Parties”) from and against any and all liabilities, losses, damages, suits, demands, causes of action (including without limitation negligence) or other claims of any nature whatsoever, including without limitation any damages caused by or claimed to be caused by property damage, personal injury, physical harm, illness, death, or litigation arising out of or relating in any way to the Contest, participation in the Contest, and/or acceptance, possession, use or misuse of any Prize (including without limitation any travel related thereto); and (2) indemnify the Released Parties from and against any and all liability arising out of the Contest. Each Entrant hereby acknowledges that, to the fullest extent permitted by law, the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to any Prize, including express warranties provided exclusively by prize suppliers that may be sent along with a Prize. Entrants assume all liability for any injury or damage caused, or claimed to be caused, by the Contest, participation in the Contest and/or acceptance, possession, use or misuse of any Prize. Claims may not be resolved through any form of class action and shall be resolved individually. Entrant further agrees (x) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-‐of-‐pocket expenses; (y) any and all claims, judgments, and award shall be limited to actual out-‐of-‐pocket costs incurred, excluding attorneys’ fees and court costs; (z) Entrant's remedies are limited to a claim for money damages (if any) and Entrant irrevocably waives any right to seek injunctive or equitable relief. Some jurisdictions do not allow the limitations or exclusion of liability, so the above may not apply to every Entrant. The Contest, these Official Rules, and any claims or disputes arising out of or relating in any way to the foregoing, will be governed by and construed in accordance with the laws of the State of New York, without reference
to its conflicts of laws principles, and by entering the Contest each such Entrant expressly agrees to submit to the exclusive jurisdiction and venue of the competent federal, state and local courts located in New York County, New York. If any portion of these Official Rules is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, (a) such portion shall be modified to the least extent necessary to render it valid and consistent with applicable law, (b) such invalidity shall not affect the enforceability of any other portion of these Official Rules, and (c) the remainder of these Official Rules shall continue in full force and effect. In the event of a discrepancy or inconsistency between disclosures or other statements contained in any Contest materials (including any FAQs or participation instructions) and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control. The Contest and all related Contest materials, websites, pages, contents and code are copyright © 2018 Blink Holdings, Inc. Blink’s name, designs, logos and slogans are trademarks or service marks and exclusive property of Blink. Copying or unauthorized use of any copyrighted material or trademarks without the express written consent of Blink is strictly prohibited. 10. WINNERS LIST: To receive the names of the Winners, a self-‐addressed stamped envelope to Blink Holdings, Inc., 386 Park Ave. S., 11th Floor, New York, New York 10016, Attn: Blink Marketing, Blink Fitness #HearMeRoar Contest Winners List. Requests must be received by 11:59:59 PM Eastern Time on April 30, 2018. Winners list will not be sent until all Winners have been verified.
