WHO
IS ELIGIBLE:
Fitness Anywhere, Inc. Photo Contest is open to ALL photographers worldwide who
are at least 18 years of age, except employees and directors of Fitness
Anywhere, their immediate families and individuals living in the same household
as such employees. FAI reserves the right to verify, in its sole judgment,
winner eligibility.
LEGAL
CONDITIONS:
By entering this competition, you agree to these entry rules and the following
legal conditions:
Your entry to
the contest constitutes your agreement for FAI to allow your entered photographs—and
your name, occupation, city, state and country of residence—to be published as
winners or finalists on the FAI website, and used for promotions of the contest
including, but not limited to, publications from FAI and other organizations,
exhibitions, DVDs, including, without limitation, the Internet or any
other online medium, emails
and all other media.
By entering,
participants warrant that his or her entry materials are original, do not
infringe on any third party’s rights, and that participant has obtained any
necessary permissions from any third party if a third party or third party’s
property appears in the photograph. FAI reserves the right to disqualify any
entry if it finds in its sole discretion that any of the foregoing warranties are
not true. Decisions of FAI shall be final and binding.
By entering,
participants release and hold harmless FAI, and each of their directors,
officers, employees, attorneys, agents and representatives from any and all
liability for any injuries, loss, claim, action, demand or damage of any kind
arising from or related to the contest, any prize won, any use of the entry
materials by FAI, the warranties participants make, any misuse or malfunction
of any prize awarded, or participation in any FAI-related activity
The contest is
governed by the laws of the United States and is subject to applicable federal,
state, and local laws and regulations. Participant agrees that any and all
disputes that cannot be resolved with Fitness Anywhere, and causes of action arising
out of or connected with the Contest, shall be resolved individually, without
resort to any form of class action, before a court of competent jurisdiction
located in San Francisco County, California, which court shall apply the laws
of the State of California without regard for rules of conflicts of law. In any
such dispute, participant shall, under no circumstances, be entitled to claim
punitive, incidental or consequential damages, or any other damages, including
attorneys’ fees, other than participant’s actual out-of-pocket expenses (if
any) associated with participating in the contest. Participant hereby waives
all rights to have damages multiplied or increased.
Fitness
Anywhere is not responsible for any incorrect or inaccurate information, whether
caused by website users or by any equipment or programming associated with or
utilized in the Contest, or by any technical or human error that may occur in
the processing of submissions to the FAI, including but not limited to any
misprints or typographical errors. Fitness Anywhere assume no responsibility
for any error, omission, interruption, deletion, defect, delay in operation or
transmission, communications line failure, theft or destruction or unauthorized
access to, or alteration of, photographs. Fitness Anywhere is not responsible
for any problems or technical malfunction of any telephone network or lines,
computer equipment, servers, providers, computer on-line systems, software, or
failure of email on account of technical problems or traffic congestion on the
Internet or at any website, including injury or damage to participant’s or to
any other person’s computer related to or resulting from participating or
uploading images or information in the Contest.
All federal,
state, and local taxes, fees and surcharges on prize packages are the sole
responsibility of the winners. Winners may be required to execute and return an
Affidavit of Eligibility/Release of Liability/Prize Acceptance Form. Return of
any prize and/or prize notification as undeliverable or failure of any entrant
to comply with any Official Rules may result in disqualification.
If, for any
reason, the Contest is not capable of completion as planned, including, but not
limited to, by reason of infection by computer virus, bugs, tampering,
unauthorized intervention, fraud, technical failures or any other causes beyond
the control of Fitness Anywhere that corrupt or affect the administration,
security, fairness, integrity or proper conduct of the Contest, Fitness
Anywhere reserves the right at their sole discretion to cancel, terminate,
modify or suspend the contest.
In exchange for good and
valuable consideration I hereby acknowledged and grant Fitness Anywhere, Inc.,
its affiliates, licensees, or assigns, and each of their respective officers,
directors, employees and agents (for purposes of this agreement, "Fitness
Anywhere") the irrevocable right to:
Use, edit and re-use the acts, pictures, poses,
and statements of myself that are
contained in the material that I submitted to Fitness Anywhere, throughout the
world and in perpetuity, on standard and non-standard television, home video,
DVD, print and other media (including, without limitation, the Internet or any
other online medium, marketing collateral or signage), and in any other means
of distribution, publication or exhibition, whether now known or later created,
as part of any production or publication, including, without limitation, on the
company website, within any television programs that may air in whole or in
part, and in video programs offered for sale to the general public. Fitness
Anywhere also reserves the right to not use the winning photo on the 2010 FORCE
kit packaging.
HOW TO
CONTACT US:
Questions and inquiries regarding contest rules or technical matters, including
problems uploading photos, can be emailed to photocontest@fitnessanywhere.com.
Fitness
Anywhere is not responsible for lost, damaged, late or misdirected photographs,
or for uploading connections, garbled transmissions, unauthorized intervention
or technical malfunctions. Void where prohibited.
Your contact
information may be shared with other FAI departments.
Removal from
mailing list:
Any individual may elect to exclude his or her name and address from all lists
used by notifying us of that need in the body of your entry email.