ERGATTA RIVALS SUMMER SWEEPSTAKES TERMS
SWEEPSTAKES PERIOD: Ergatta Rivals Summer Sweepstakes (the “Sweepstakes”) begins 12:00:00 AM Eastern Time (“ET”) on July 1, 2022 and ends 11:59:59 PM ET on August 31, 2022 (“Sweepstakes Period”).
ELIGIBILITY: To be eligible to enter the Sweepstakes, at the time of entry, entrant (“Entrant”) must be at least eighteen (18) years of age or older and a legal resident of one (1) of the fifty (50) United States or the District of Columbia (the “eligibility area”). All Entrants must hold a registered Ergatta user account and have an active paid membership for the Ergatta app to be eligible to submit an entry. Employees, officers, and directors of Ergatta, Inc. (“Sponsor” or “Ergatta”), a neutral third party administrator (“Administrator”), any and all participating paid independent influencers and endorsers, and each of their respective parents, subsidiaries, divisions, affiliates, advertising and promotion agencies, or any other company involved in the development or execution of the Sweepstakes (the “Sweepstakes Entities”), and immediate family members of the foregoing are not eligible to enter or win. The Sweepstakes is subject to applicable federal and state laws and regulations and is void outside the eligibility area and where prohibited or restricted by law.
HOW TO ENTER:
AUTOMATIC ENTRY: During the Sweepstakes Period, an Entrant will automatically receive one (1) entry into the Sweepstakes for every Qualified Referral made using Entrant’s unique Refer-a-Friend Site link. For the purposes of this Sweepstakes, a Qualified Referral is defined as a bona fide first-time purchase of products made via ergatta.com by a customer referred by Entrant. A qualified purchase must include an Ergatta Rower and must have a total value of at least US$1949 (excluding taxes, discounts, shipping charges, returns, canceled transactions, and any applicable third-party fees), and must be purchased by an individual located in the US for shipping to an address located in the US. In the event of a dispute as to who submitted a particular Automatic Entry, such entry will be deemed to be submitted by the person in whose name to whom the first Ergatta user account was registered. Ergatta user accounts that are stolen, fraudulent, tampered with, or otherwise altered are not eligible for Automatic Entry. Each Entrant is limited to no more than five (5) Entries.
By entering, you agree to be bound to the Official Rules and decisions of the Sponsor, which are final and binding. Hereinafter, Automatic Entries are referred to as “Entries”. Entry materials/data that have been tampered with or altered, or mass Entries or Entries generated by a script, macro or use of automated devices are void. Entries that are digitally or mechanically reproduced, copied, illegible, incomplete, postage-due, inaccurate or non-compliant, and Entries by any means that subvert the Entry process are void. Ergatta reserves the right to disqualify entries for any reason in its sole discretion.
RANDOM DRAWING/ODDS: One (1) potential winner will be randomly selected from among all eligible Entries received during the Sweepstakes Period. A random drawing will be conducted on or about September 8, 2022 by Administrator, an independent judging organization whose decisions will be final. The odds of winning will depend on the total number of eligible Entries received during the Sweepstakes Period. The winner is subject to verification before any prize will be awarded.
PRIZE: A $500 Visa Gift Card to winner Prize is not assignable or transferrable, and cannot be redeemed for cash.
NOTIFICATION OF WINNER/DECLARATIONS: A potential winner will be notified via email after the Drawing. If a potential winner does not provide all required information within the time period specified by Sponsor, or in the event that a potential winner declines the prize, is ineligible or is later found to be ineligible for any reason, or has not complied with or is in violation of these Official Rules, Sponsor will have the right to disqualify such potential winner, forfeit their prize or require immediate prize return, and select an alternate winner (in which event the procedures and requirements set forth herein will apply to the alternate winner). The Prize will be awarded provided a sufficient number of eligible entries are received and the prize is properly claimed. Administrator will have the right, in its discretion, to require proof of identity and/or eligibility in a form acceptable to Administrator. Failure to provide any required documentation, including but not limited to such proof of identity, to the satisfaction of Administrator in a timely manner may result in disqualification and prize forfeiture. An Entrant is not a winner unless and until Entrant’s eligibility has been verified and the Entrant has been notified that verification is complete and all required documentation fully and accurately executed. To the fullest extent permitted by applicable law, Sponsor or Administrator reserve the right but without obligation to conduct a background check and/or informal investigation on any potential winner prior to awarding a prize. Without limitation, Sponsor reserves the absolute right not to award a prize to any potential winner (or to require immediate prize return or forfeiture, if applicable) if Sponsor or Administrator suspects the potential winner of having submitted a fraudulent entry, being ineligible to participate in the Sweepstakes, or awarding the prize could bring the Sponsor or any of the Sweepstakes Entities into public disrepute, scandal or embarrassment, or could negatively reflect on the Sponsor or any Sweepstakes Entities’ business, goodwill or reputation. Sponsor is not responsible for fraudulent calls or emails made to entrants not by the Sponsor or Administrator.
Sponsor will make three (3) attempts to award the given prize and, if after three (3) attempts the prize remains unclaimed or a potential winner is not confirmed, such prize may not be awarded or may be donated to charity in Sponsor’s sole discretion. There will not be a second-chance drawing.
TAXES: Any valuation of the prizes stated above is based on available information provided to Administrator and the value of the prize awarded to the winner will be reported for tax purposes as required by law. The winner must provide Administrator with, among other things, a valid taxpayer identification number or social security number (as applicable) in order to be verified as a winner. Each winner is solely responsible for reporting and paying any and all applicable Federal, State and local taxes. Sponsor will not pay for or offset any tax liability associated with any prize.
GENERAL CONDITIONS: Sponsor has the right, in its discretion, to cancel, suspend and/or modify the Sweepstakes, or any part of it, in connection with any artifice, fraud, technical failure, problem or occurrence, or force majeure event that in Sponsor’s judgment could affect or impair the security, fairness, integrity or proper functioning of the Sweepstakes or any part thereof, or prevents the Sweepstakes from being conducted as planned, as determined by Sponsor in its sole discretion. In the event of cancellation or early termination of the Sweepstakes, winners may be selected in accordance with the procedures set forth in these Official Rules from among all eligible, non-suspect Entries received as of the date of the event giving rise to the cancellation.
Sponsor and Administrator, in their discretion, will determine the validity of each Entry/Entrant. If they determine or believe that any Entry is fraudulent, illegitimate or invalid, or that any Entrant is ineligible, or has failed to comply with or has violated any provision of these Official Rules, Sponsor will have the right in its discretion to disqualify any affected Entrant and/or to disqualify any suspect or affected Entries. These Official Rules may not be reprinted or republished in any way without the prior written consent of Sponsor. In the event of any conflict between these Official Rules and any Sweepstakes communication or information provided elsewhere (including, without limitation, in advertising or marketing materials and written or verbal communications), these Official Rules shall prevail.
RELEASE AND LIMITATIONS OF LIABILITY: By participating in and/or entering the Sweepstakes, to the fullest extent permitted by applicable law, each Entrant and winner releases and agrees to the fullest extent permitted by applicable law to hold harmless Sponsor and the Sweepstakes Entities, and the successors and assigns of each of the foregoing (including, without limitation, any paid independent influencers and endorsers) and the directors, officers, employees, representatives, advisors, agents and contractors of each of the foregoing (collectively, the “Released Parties”) from and against any and all alleged or actual claims, causes of action, demands, losses, settlements (whether or not litigation is commenced), liabilities, and damages (“Claims”) of any kind that the Entrant or other person ever had, now has or might in the future have arising out of or relating to the Sweepstakes or any element thereof, participation in the Sweepstakes (or inability to participate), the provision, acceptance or use of any prize or prize component, or any use of the Entry as permitted pursuant to these Official Rules, including without limitation any and all Claims (a) relating to any personal injury, death or property damage or loss sustained by any Entrant or any other person, (b) based upon any allegation of violation of copyright, trademark, the right of privacy or publicity, misappropriation, defamation, disparagement, or violation of any other personal or proprietary right, or (c) based upon any allegation of a violation of any law, rule or regulation relating to personal information or data security. Each Entrant agrees to the fullest extent permitted by applicable law not to assert any such claim or cause of action against any of the Released Parties. The Released Parties are not responsible for, and will not have any liability in connection with, any typographical, printing, production, distribution or other error and may modify, rescind, cancel or revoke this Sweepstakes or any part thereof based upon any such error without liability and at Sponsor’s sole discretion. The Released Parties are not responsible for, and will not have any liability in connection with, lost, late, illegible, misdirected, inaccurate, incomplete, undelivered, damaged, delayed, corrupted, garbled, or stolen Entries, incorrect or inaccurate capture of, damage to, or loss of Entries or Entry information or any other human, mechanical or technical error of any kind relating to the Sweepstakes, any website associated with the Sweepstakes, communications or attempted communications with any Entrant, failures of or delay in any mobile, wireless, Internet or cellular transmission or connection or the submission, collection, storage and/or processing of Entries, or any failures or inability to collect such information, or the administration of the Sweepstakes. To the fullest extent permitted by applicable law, Entrants covenant not to sue any Released Party or cause them to be sued regarding any matter released above; and further covenant not to disaffirm, limit or rescind these releases. A waiver by one (1) or more of the Released Parties of any term in these Official Rules does not constitute a waiver of any other provision.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING THE PRIZE, IS 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 EXCLUSION 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.
FORCE MAJEURE: In the event an insufficient number of eligible Entries are received to award the prizes and/or Sponsor is prevented from awarding the prizes or continuing with this Sweepstakes as contemplated herein by any event reasonably beyond its control, including but not limited to fire, flood, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state/provincial or local government law, order, regulation, or guideline, public health crisis or epidemic/pandemic (e.g., Coronavirus), order of any court or jurisdiction, or any other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then Sponsor shall have the right to modify, suspend, or terminate this Sweepstakes or any element thereof. If the Sweepstakes is terminated before the designated end date, but only if commercially reasonable and practicable under the circumstances, winners may be selected in accordance with the procedures set forth in these Official Rules from among all eligible, non-suspect Entries received as of the date of the event giving rise to the termination. Inclusion in such selection process shall be each Entrant’s sole and exclusive remedy under such circumstances.
DISPUTES: Except where prohibited, Entrant agrees that: (1) any and all disputes, Claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by a federal or state court located in the State of New York, County of New York; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys' fees; (3) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased; and (4) Entrants’ remedies are limited to a claim for money damages (if any) and Entrant irrevocably waives any right to seek injunctive or equitable relief. Ergatta’s total liability hereunder shall be limited to $500. Some jurisdictions do not allow the limitations or exclusion of liability, so the above may not apply to you. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
SPONSOR: Ergatta, Inc., 40 West 25th Street, New York, NY 10010.