good standing or not permitted to enter Equinox facilities, as well as former members who ... Should multiple users of t
EQUINOX
#TAKETHESUMMERON 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 #TaketheSummerOn Contest (the “Contest”) is sponsored by Equinox Holdings, Inc., located at 895 Broadway, New York, NY 10003 (“Equinox”). 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, Canada (excluding Quebec) and England who are, as of the date of entry, at least eighteen (18) years of age (or nineteen (19) years of age for residents of Alabama, Nebraska and British Columbia) and reside within fifty (50) miles of an Equinox Club location. Equinox clubs are not available in all regions; visit www.equinox.com/clubs to locate the club nearest you. Equinox members who at any point during the Contest Period have a past due balance, have frozen their membership or are otherwise not in good standing or not permitted to enter Equinox facilities, as well as former members who had their membership terminated by Equinox or are otherwise not permitted to enter Equinox facilities, will not be eligible to enter or win. Employees, independent contractors, officers, and directors of Equinox and its affiliates and subsidiaries, and any of Equinox’s agencies involved in the Contest, and all such employees’ immediate family members (spouse/domestic partner, parents, children, siblings and their respective spouses) and/or those living in the same household of each (whether legally related or not), as well as former employees of Equinox who were terminated for cause, are 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 PERIODS: The Contest entry period (“Contest Period”) begins July 24, 2017 immediately after the challenge is posted (challenge will be posted prior to 5:00:00 PM Eastern Time) and ends August 27, 2017 at 11:59:59 PM Eastern Time (or for Entrants in England August 28, 2017 at 4:59:59 AM British Summer Time (“BST”)). The Contest Period consists of five (5) weekly periods (each, a “Weekly Entry Period”): CONTEST PHASE
Weekly Entry Period 1 Weekly Entry Period 2 Weekly Entry Period 3 Weekly Entry Period 4 Weekly Entry Period 5 4.
WEEKLY ENTRY PERIOD BEGINS IMMEDIATELY AFTER CHALLENGE IS POSTED ON (CHALLENGE WILL BE POSTED PRIOR TO 5:00:00 PM EASTERN TIME) July 24, 2017 July 31, 2017 August 7, 2017 August 14, 2017 August 21, 2017
WEEKLY ENTRY PERIOD ENDS AT 11:59:59 pm EASTERN TIME ON (OR, FOR RESIDENTS IN ENGLAND, 4:59:59 AM BST OF THE DAY AFTER) July 30, 2017 August 6, 2017 August 13, 2017 August 20, 2017 August 27, 2017
HOW TO ENTER THE CONTEST: At the start of each Weekly Entry Period (see chart above), Equinox will release a call to action with the weekly theme via the @equinox account on Instagram. In order to enter and participate in the Contest, eligible Entrants must (1) follow @equinox on Instagram and look for a post describing the Weekly Entry Period’s theme and (2) post an original photo or video on Entrant’s personal Instagram account that reflects that week’s theme with both the hashtags #TaketheSummerOn and #Entry during the applicable Weekly Entry Period (an “Entry”). Entries that do not include both hashtags and/or do not meet the Entry Rules (see Section 5 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. Entrants may enter and participate in any or all of the Weekly Entry Periods, subject to the limits below. All qualifying Entries are eligible to win a Prize. Limit five (5) Entries per person per Weekly Entry Period. If more than 5 Entries are received per person in a Weekly Entry Period, only the first 5 Entries received will be eligible to enter and win. Should multiple users of the same Instagram/e-mail account enter the Contest and a dispute thereafter arise regarding the identity of the Entrant, the authorized account holder of said Instagram/e-mail 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, or an e-mail address (that is associated with the Instagram account) by an Internet access provider, on-line
service provider or other organization which is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address. Entrants can only use one Instagram account to enter the Contest and may not enter with multiple Instagram/e-mail accounts, nor may Entrants use any other device or artifice to enter multiple times above the stated limit or as multiple Entrants. 5.
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 Equinox and the judges, whose decisions are final and binding. •
Entries must be the Entrant’s original work and may not have won a previous prize or award. Modifying, enhancing or altering a third party’s preexisting work does not qualify as an original work. If someone other than the Entrant took the photo or video, the Entrant must receive prior written permission from the photographer/videographer to enter the photo or video in this Contest. Entrant must make written copies of such permissions available to Equinox upon request.
•
Entries may not contain, depict or promote any dangerous or reckless behavior or activity, activity that may result in injury or death to or otherwise compromise the health or safety of oneself or others, or any violence, abuse, use of illegal drugs, excessive or inappropriate use of alcohol or legal drugs, or otherwise graphic content.
•
Entries may not violate any laws, regulations or ordinances, whether federal, state, municipal, provincial, or local, or depict, promote or contain content that violates any such laws.
•
Entries must be suitable for presentation in a public forum. Entries may not contain, depict or promote any defamatory, libelous, offensive, 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.
•
Entries must not contain, depict or promote any indecent or lewd behavior or content, including nudity, pornography or other obscene or sexually explicit content, or any inappropriate clothing or adornments.
•
Entries may not contain, depict or promote threats to any person, place, business, or group or any damage to or theft of physical or personal property.
•
Entries may not violate the intellectual property or other rights of any third person or entity. Entries may not contain identifiable branding of, or constitute advertising for or promotion of, Entrant or any product or service of Entrant or any third party. Entries may include incidental use of Equinox’s logos, brands and slogans so long as the incidental use, or the Entry as a whole, do not disparage or negatively reflect upon Equinox.
•
Entries may not disparage or refer, depict or in any way reflect negatively upon Equinox or its affiliates and employees, the Contest or any other person or entity.
•
Entries may not contain or depict the names, likenesses, voices or other indicia identifying celebrities and/or other public figures, whether living or dead.
•
Entries may not impersonate or falsely state or otherwise misrepresent Entrant’s professional or other affiliation with Equinox or with any other person or entity.
•
If the Entry contains any identifiable person(s) other than the Entrant, by entering this Contest, Entrant attests that he/she has received written permission from other person(s) depicted in the Entry for Equinox to use their likenesses for publicity including, but not limited to posting on website(s). Entries may not contain any identifiable minors. As a condition of winning, Entrant s must make written copies of such permissions available to Equinox upon request. In addition, Equinox may require any persons depicted to sign a publicity release as a condition of the Entrant being deemed a Winner.
•
Entries may not include any personally identifiable information (including last name, address, email, telephone number, school, place of work, etc.) of Entrant or any other person(s), whether they appear in the Entry or not (exception: names that appear in an Entrant’s standard Instagram 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 be in English; common foreign words/phrases are acceptable.
Equinox reserves the right to waive one or more Entry Rules set forth herein in its reasonable discretion. Any waiver of any obligation hereunder by Equinox does not constitute a general waiver of any obligation to Entrants or any other terms or conditions of these Official Rules. Equinox reserves the right, in its reasonable discretion, during or upon completion of a Weekly 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 THE ENTRY IS HIS/HER OWN ORIGINAL WORK, HE/SHE HOLDS ALL RIGHTS TO THE ENTRY, THE ENTRY HAS NOT WON A PREVIOUS PRIZE OR AWARD AND THAT HE/SHE 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. EQUINOX 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 POSTED TO INSTAGRAM HAVE NOT BEEN EDITED OR CURATED BY EQUINOX AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF EQUINOX IN ANY MANNER. 6.
JUDGING: At the conclusion of each Weekly Entry Period, all Entries received during the corresponding Weekly Entry Period will be judged by a panel of judges comprised of Equinox employees and at least one independent judge in New York City, New York, USA to determine one (1) potential winter of the Prize for the corresponding Weekly Entry Period. Judging will be based on the following criteria: Originality/Creativity - 40%; Appropriateness to Theme - 30%; Aesthetics/Quality of Entry - 30%. In the event of a tie, tied Entries will be re-judged based on "Originality/Creativity” to determine the potential winners. Limit one (1) Prize per person/household. Judging will occur on/about 3 business days after the close of the applicable Weekly Entry Period, but may be expedited or delayed in Equinox’s sole discretion.
7.
COMMUNICATION WITH POTENTIAL WINNERS: Equinox will contact each potential winner by sending a direct message (DM) from the @equinox 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 Equinox’s sole discretion. Potential winners must reply to DM and provide any additional information (e.g., email address) within forty-eight (48) 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 Equinox’s sole discretion. If a potential winner’s response is not received within forty-eight (48) hours after the initial DM was sent, or if the DM is returned as undeliverable, Equinox 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, Equinox 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 Equinox 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 Equinox’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, Equinox 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 Equinox’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. Equinox is not responsible for any change of email address, mailing address and/or telephone number of Entrants.
8.
PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”): A total of one (1) prize (a “Prize”) will be available to be awarded each Weekly Entry Period, with a total of five (5) Prizes available to be awarded in this Contest. All Prizes are subject to the Member Terms below: The Prizes are as follows: •
•
Weekly Entry Period 1: One (1) package of twelve (12) personal training sessions at Equinox (ARV: $1,440 USD / $1,440 CAD / £1,116). Personal Training sessions will be provided at Tier 3 or higher, as determined by Equinox in its sole discretion; however, if the Winner is at the time the Prize is awarded training with a Tier 3+ trainer or Tier X coaches, then he/she will receive Prize session at Tier 3+ or Tier X, as applicable. Unused sessions will expire (and be deemed forfeited) in accordance with Equinox’s standard expiration periods for personal training sessions and will also be deemed forfeited if Winner ceases to be an Equinox member at any time after accepting of the Prize. If Winner is not an Equinox member at the time the Contest Period starts, as part of the Prize Winner will also receive a complimentary three (3) month “Select” membership to an Equinox Fitness Club determined by Equinox in its sole discretion (but located within fifty (50) miles of Winner’s home address) at which Winner’s Prize personal training sessions will occur; 3-month complimentary membership will commence as of the date Winner accepts the Prize (or such other date determined by Equinox in its sole discretion), and any unused personal training sessions will expire (and be deemed forfeited) at the end of the complimentary 3-month membership. Weekly Entry Period 2: One (1) $1,000 USD ($1,260 CAD / £765) Gift Certificate to Equinox Spas. Redeemable at any Equinox Club offering Spa treatments. Winner is responsible for all fees and charges in excess of the gift certificate. Gift certificate expires twelve (12) months after Prize issuance and is subject to the terms and conditions set by issuer.
•
•
•
Weekly Entry Period 3: One (1) package of twelve (12) Pilates sessions at Equinox (ARV: $1,210 USD / $1,260 CAD / £800). Unused sessions will expire (and be deemed forfeited) in accordance with Equinox’s standard expiration periods for Pilates sessions and will also be deemed forfeited if Winner ceases to be an Equinox member at any time after accepting of the Prize. If Winner is not an Equinox member at the time the Contest Period starts, as part of the Prize Winner will also receive a complimentary three (3) month “Select” membership to an Equinox Fitness Club determined by Equinox in its sole discretion (but located within fifty (50) miles of Winner’s home address) at which Winner’s Prize Pilates sessions will occur; 3-month complimentary membership will commence as of the date Winner accepts the Prize (or such other date determined by Equinox in its sole discretion), and any unused Pilates sessions will expire (and be deemed forfeited) at the end of the complimentary 3-month membership. Weekly Entry Period 4: Three (3) Month “Select” Membership to an Equinox Fitness Club (ARV: $1,260 USD / $895 CAD / £925). Equinox club location for “Select” membership will be determined by Equinox in its sole discretion (but will be located within fifty (50) miles of Winner’s home address, and Prize membership only includes access to this location. Certain Equinox clubs are not eligible for “Select” membership in accordance with Equinox’s standard rules, policies and procedures. Winners must activate Prize Membership within thirty (30) days after the Prize is awarded to the Winner, or the Prize Membership will be deemed forfeited. Weekly Entry Period 5: One (1) $1,000 USD ($1,260 CAD / £765) Gift Certificate to The Shop at Equinox. Redeemable at any Equinox Club offering a retail shop. Winner is responsible for all fees and charges in excess of the gift certificate. Gift certificate expires twelve (12) months after Prize issuance and is subject to the terms and conditions set by issuer.
The total ARV for all Prizes available to be awarded in this Contest is $5,910 USD / $6,115 CAD / £4,371. 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 Equinox. 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 Equinox with a valid social security number or tax identification number for tax reporting purposes before the Prize will be awarded, and will be issued an IRS 1099 form for the Prize value. Each Prize consists of only the item specifically listed as part of the Prize. In no event will Equinox be obligated to award more than the stated number of Prizes. Equinox 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. Member Terms: Transportation to/from Equinox Fitness Clubs is not included in any Prize and is the Winner’s sole responsibility. Except where expressly included as part of the Prize, ancillary club services (e.g., parking fees, additional personal sessions or spa visits, and cafe or retail purchases) are not included in any Prize. Equinox’s standard policies for booking and cancelling personal training and Pilates sessions and spa appointments apply. Notwithstanding anything to the contrary herein, Equinox shall not be required to award a Prize to a potential winner, or otherwise allow membership to or use of its clubs to any individual, who does not complete and sign Equinox’s standard membership agreement, and any other waivers or documentation that are generally provided as part of the Equinox enrollment or membership process, and otherwise agree to comply with Equinox’s standard rules, policies and procedures (“Member Terms”). When using its Prize, each Winner is required to comply with its Member Terms, and Equinox shall have the right to, in its sole discretion, immediately terminate any Winner’s membership, whether provided as part of a Prize or not, for any reason permitted under the Member Terms or for failure to comply with the Member Terms. Personal training and Pilates sessions may only be redeemed while the Winner is an Equinox member and will be deemed forfeited if any Winner’s membership to Equinox expires or is terminated, cancelled or forfeited for any reason. 9.
GENERAL RULES: By entering the Contest, Entrant accepts and agrees to these Official Rules and the decisions of Equinox and its representatives, which shall be final and binding in all matters, and Entrant represents to Equinox 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 Equinox to, and Equinox 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 Equinox request) to Equinox 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 Equinox’s social media accounts, websites, mobile apps, signage and other advertising and marketing materials, for those purposes determined reasonably appropriate in Equinox’s sole discretion, including without limitation the promotion, advertisement, sale, marketing and exploitation of the Contest, Equinox 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 Equinox
website, within the Equinox mobile apps and/or in signage, digital or otherwise, within Equinox 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 Equinox’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) Equinox 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 Equinox. Notice of any cancellation, modification, suspension or termination will be posted through the @equinox Instagram account. In the event of any cancellation, modification, suspension, or termination Equinox reserves the right (but not the obligation) to select potential winners, in accordance with Section 6, from the eligible, nonsuspect Entries received prior to the time of the event warranting such cancellation, modification, suspension or termination. Equinox is not responsible for any damage to any Entrant’s computer system/software related to or resulting from participating in the Contest. EQUINOX RESERVES THE RIGHT TO, IN ITS SOLE DISCRETION, DISQUALIFY ANY ENTRANT THAT EQUINOX FINDS TO BE TAMPERING WITH THE ENTRY PROCESS OR THE OPERATIONS OF THE CONTEST, THE EQUINOX WEBSITE, MOBILE APP OR @EQUINOX 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 EQUINOX 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 Equinox, its 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, and without limitation to any other jurisdictions, for Entrants who are residents of England, Equinox does not exclude or limit its liability for Equinox’s fraud or death or personal injury resulting from Equinox’s negligence. Except for Entrants who are residents of England, 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. For Entrants who are residents of England only, 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 England, without reference to its conflicts of law principles, and by entering the Contest each such Entrant expressly agrees to submit to the exclusive jurisdiction and venue of the courts of competent jurisdiction located in London, England. 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 © 2017 Equinox Holdings, Inc. Equinox’s name, designs, logos and slogans are trademarks
or service marks and exclusive property of Equinox. Copying or unauthorized use of any copyrighted material or trademarks without the express written consent of Equinox is strictly prohibited. 10. WINNERS LIST: To receive the names of the Winners, send an email to
[email protected] with the subject line “#TaketheSummerOn Contest Winners List.” Requests must be received by 11:59:59 PM Eastern Time on October 27, 2017. Winners list will not be sent until all Winners have been verified.
