Jen’s Spring Challenge Sweepstakes
OFFICIAL RULES – UNITED STATES
NO PURCHASE NECESSARY TO ENTER OR WIN; A PURCHASE WILL NOT
INCREASE AN ENTRANT’S CHANCES OF WINNING; VOID WHERE
PROHIBITED.
AFFIDAVIT OF ELIGIBILITY, RELEASE OF LIABILITY & PRIZE
ACCEPTANCE AGREEMENT MAY BE REQUIRED EXCEPT IF PROHIBITED BY
LAW.
BY ENTERING (OR OTHERWISE PARTICIPATING) IN THE SWEEPSTAKES,
ENTRANT AGREES TO THESE OFFICIAL RULES, WHICH CREATE A
CONTRACT, AND ENTRANT IS RESPONSIBLE FOR READING THEM
CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, SUCH CONTRACT
INCLUDES GRANTS OF RIGHTS AND INDEMNITIES TO SPONSOR FROM
ENTRANT, A CLASS ACTION WAIVER, AND A LIMITATION OF ENTRANT’S
RIGHTS AND REMEDIES.
SPONSOR: The Sweepstakes is sponsored by Pvolve
LLC, 730 W. Randolph Street, Chicago, IL
60661 (“Sponsor”).
SWEEPSTAKES PERIOD: The “Sweepstakes Period” begins at 12:00 a.m. Eastern Time (“ET”) on
May 1, 2024 and ends at 11:59 p.m. ET on June 9, 2024. The
Sponsor’s Website (defined below) is the official time-keeping
device for the Sweepstakes.
ELIGIBILITY: The Jen Spring Challenge
Sweepstakes (the “Sweepstakes”) is open to
legal residents of: the fifty (50) United States (including the
District of Columbia); Canada; and the United Kingdom,
Australia, or Germany, who are at least eighteen (18) years of
age or have otherwise reached the age of majority in their state
or province of residence at the time of entry. Employees of
Sponsor or its affiliates, sales representatives, agencies,
dealers, retailers, wholesalers, distributors, and promotional
and other vendor agencies involved in the Sweepstakes, their
respective parent companies, affiliates, subsidiaries, service
agencies, independent contractors, and the immediate family
(parent, spouse, sibling, child, grandparent, grandchild,
regardless of where they reside) and household members of all
such employees, are NOT eligible. Sweepstakes is subject to
all federal, state, provincial, and local laws and regulations.
Void where prohibited or restricted by law, rule, or regulation.
HOW TO ENTER: During the Sweepstakes Period,
the entrant will be automatically entered into the Sweepstakes
by enrolling in and completing the Spring Challenge (described
below). Alternative method of entry: Entrant
must enter their First Name, Last Name, email address on the
entry page,
[https://www.pvolve.com/pages/jens-spring-challenge]. Upon
completing either of the foregoing steps in the manner
prescribed, the entrant will receive one (1) entry in the
Sweepstakes (the “Entry”).
Spring Challenge Enrollment: Active Pvolve members who complete
the Spring Challenge will be automatically entered into the
Sweepstakes. Pvolve member can enroll in and complete the Spring
Challenge in one of two ways: (1) Virtually:
(a) go to [https://www.pvolve.com/pages/jens-spring-challenge] and register as a participant in the Spring Challenge between
May 1, 2024 12:00AM PST and June 1, 2024 11:59PM PST, and (b)
complete twelve (12) Pvolve classes total (a completed class is
defined as completing 75% of the length of the video has been
played, with no pause exceeding two (2) hours during the video),
virtually via on-demand and live virtual studio classes hosted
on app.pvolve.com between May 13, 2024 12:00AM PST and June 9,
2024 11:59PM PST; or, (2)
In-Studio: (a) go to [https://www.pvolve.com/pages/jens-spring-challenge] or your studio and register as a participant in the Spring
Challenge between May 1, 2024 12:00AM PST and June 1, 2024
11:59PM PST, and (b) complete twelve (12) in-studio classes at
any corporate-owned or franchise studio location between May 13,
2024 12:00AM PST and June 9, 2024 11:59PST.
A combination of virtual and in-studio classes will not
qualify an individual as being eligible for the
Sweepstakes.
An Entry must comply with the Entry Guidelines detailed
below. Entries made by any means which subvert the entry
process will be void. Incomplete or illegible Entries will
not be acknowledged. Proof of submission of an Entry does
not constitute proof of receipt by Sponsor. Released
Parties (defined below) are not responsible for Entries that are
late, lost, illegible, damaged, misdirected, garbled or
incomplete, altered or otherwise irregular, that contain false
information, that are generated by script, macro or other
automated or mechanical means, that have been submitted through
illicit means or by any means which subvert the entry process or
that do not conform with or satisfy any or all of the conditions
set out in the Official Rules. Use of any automated program
or method to enter will result in disqualification of all
associated Entries and of the person and Instagram account
responsible for such Entries.
PRIZES & APPROXIMATE RETAIL VALUE (“ARV”):
All Entrants: One (1) potential prize winner
will be randomly selected, subject to verification of
eligibility and compliance with these Official Rules.
United States and Canada Residents Only: prize winner will receive: (a) one (1) voucher for a flight
to Los Angeles, to be scheduled by the Sponsor (ARV: $850.00
USD); (b) one (1) private training session in Los Angeles with
Dani C (ARV: $350.00 USD); (c) a two (2) night stay at a Los
Angeles hotel, to be scheduled by the Sponsor (ARV $800.00 USD);
Total ARV: $2,036.00 USD. Canadian winner will
receive prize only after correctly answering a question of
skill.
If winner is a resident of Los Angeles, defined as someone
who resides within 150 miles of Los Angeles, the airfare
voucher will be forfeited; Adjusted Total ARV: $836.00
USD.
Australia, Germany, and UK Residents Only: prize winner will receive one (1) $250 USD gift card to
Pvolve.com. Total ARV: $250.00 USD.
Prize must be redeemed by December 26, 2024.
Sponsor will not verify receipt of Entries. Proof of
submission of an Entry does not constitute proof of receipt by
Sponsor. Released Parties (defined below) are not
responsible for Entries that are late, lost, illegible, damaged,
misdirected, garbled or incomplete, altered or otherwise
irregular, that contain false information, that are generated by
script, macro or other automated or mechanical means, that have
been submitted through illicit means or by any means which
subvert the entry process or that do not conform with or satisfy
any or all of the conditions set out in the Official Rules. Use
of any automated program or method to enter will result in
disqualification of all associated Entries and of the
person/account responsible for such Entries.
RANDOM DRAW & ODDS OF WINNING: A random
draw will be conducted from all Entries received, with the
entrant selected as the winner being announced via email on or
about June 26, 2024. Odds of winning depend on the number
of eligible Entries received during the Sweepstakes
Period. The entrant selected as a winner will also be
notified within two (2) days of winner selection by email.
WINNER NOTIFICATIONS / PRIZE AWARDS / PUBLICITY
CONSENT: No entrant is deemed a winner until her/his eligibility has
been verified and it is determined that s/he has complied with
all terms of these Official Rules. Sponsor will issue
potential winner, via email, a certification of eligibility and
a release of liability and publicity (where permitted) (“Winner Documents”) and potential winner must complete and return the Winner
Documents within seventy-two (72) hours of first attempted
notification. Sponsor is not responsible for any
telecommunications issues or for change of email address
subsequent to the date on which an entrant entered the
Sweepstakes. If Prize or any notification is returned as
undeliverable, Sponsor is unable to contact a potential winner,
or a potential winner is not in compliance with these Official
Rules, as determined by Sponsor, the Prize will be forfeited,
and, at Sponsor’s discretion, an alternate winner will be
selected by random drawing from among all remaining eligible
entries. All alternate potential winners are subject to all
requirements set forth in these Official Rules. Only three
(3) alternate winners will be selected, after which the prize
will remain unawarded. Acceptance of the Prize will further
constitute and signify winner’s agreement and consent that
Sponsor and/or Sponsor’s assignees may use winner’s name,
likeness, city and/or state/province/territory of residence,
and/or Prize information for promotional purposes in any media
worldwide without limitation and without further notice or
compensation, except where prohibited by law.
GENERAL: By participating, entrants agree to
abide and be bound by these Official Rules and the decisions of
the Sponsor, which are final and binding in all matters. To
the fullest extent permitted by law, entrants further agree to
release, discharge and hold harmless Sponsor and its parent
companies, affiliates, subsidiaries, distributors, suppliers,
and advertising and promotion agencies associated with the
Sweepstakes, and all other service agencies involved with the
design, execution or fulfillment of this Sweepstakes, and the
respective directors, officers, agents and employees of each of
the foregoing (collectively, the “Released Parties”) from and against any liability, claims, losses and damages
of any kind, including death, to persons or property, arising
out of, or relating to, their participation in this Sweepstakes
and the acceptance, use, misuse or possession of a Prize (if
applicable), including as set out below. Entrants who
Sponsor determines to have not complied with these Official
Rules are subject to disqualification. Sponsor reserves the
right, at its sole discretion, to disqualify any entrant from
this Sweepstakes or any other promotion conducted now or in the
future by Sponsor or any of its affiliates if Sponsor suspects
or finds entrant to be: (a) violating the Official Rules;
(b) tampering or attempting to tamper with the entry process,
the operation of the Sweepstakes, or the Website; or (c)
attempting to undermine the legitimate operation of the
Sweepstakes by cheating, hacking the Website, deception, or
other unfair playing practices or intending to annoy, abuse,
threaten or harass any other entrants, Sponsor or Sponsor’s
representatives.
ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY UNDERMINE THE
LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF
CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE,
SPONSOR MAY DISQUALIFY ANY SUCH INDIVIDUAL AND RESERVES THE
RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING LAWYERS’
FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED
BY LAW, AND TO BAN OR DISQUALIFY AN ENTRANT FROM THIS AND FUTURE
PROMOTIONS. By entering, entrants agree that: (a) all
issues and questions concerning the construction, validity,
interpretation and enforceability of these Official Rules,
participants’ rights and obligations, and the rights and
obligations of the Sponsor in connection with the Sweepstakes,
will be governed by, and construed in accordance with, the laws
of the United States.
BINDING ARBITRATION: Any controversy or
claim arising out of or relating to the Sweepstakes shall be
settled by binding arbitration in a location determined by the
arbitrator as set forth herein (provided that such location is
reasonably convenient for claimant), or at such other location
as may be mutually agreed upon by the parties, in accordance
with the procedural rules for commercial disputes set forth in
the Comprehensive Arbitration Rules and Procedures of JAMS
(“JAMS Rules and Procedures”) then prevailing,
and judgment upon the award rendered by the arbitrator(s) may be
entered in any court having jurisdiction thereof. The
arbitrator shall be selected pursuant to the JAMS Rules and
Procedures. The arbitrator shall apply New York law consistent
with the Federal Arbitration Act and applicable statutes of
limitations and shall honor claims of privilege recognized at
law. In the event that the claimant is able to demonstrate
that the costs of arbitration will be prohibitive as compared to
the costs of litigation, Sponsor will pay as much of the
claimant’s filing and hearing fees in connection with the
arbitration as the arbitrator deems necessary to prevent the
arbitration from being cost-prohibitive. If 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 by JAMS,
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
their dispute. Upon filing a demand for arbitration, all
parties to such arbitration shall have the right of discovery,
which discovery shall be completed within sixty (60) days after
the demand for arbitration is made, unless further extended by
mutual agreement of the parties.
THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL
BE IN THE ENTRANT’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF
OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE
PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE
CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY
SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT
AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN
ACCORDANCE WITH THESE OFFICIAL RULES. BY PARTICIPATING IN
THE SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE FULLEST
EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL
DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR
CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE
RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH
ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND
ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL
THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO
EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) TO
THE EXTENT ALLOWED BY APPLICABLE LAW, ENTRANT WILL NOT BE
PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY
KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE,
INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS
AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET
EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR
OTHERWISE INCREASED; AND (4) ENTRANT’S REMEDIES ARE LIMITED TO
A CLAIM FOR MONETARY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY
WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE
RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO RELEVANT PORTIONS OF THE ABOVE MAY NOT APPLY TO
EVERY ENTRANT.
By entering, entrants agree that: (a) all issues and
questions concerning the construction, validity, interpretation
and enforceability of these Official Rules, entrants’ rights and
obligations, and the rights and obligations of the Sponsor in
connection with the Sweepstakes, will 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 New York or any other jurisdiction), that
would cause the application of the laws of any jurisdiction
other than New York; and (b) any matters or proceedings which
are not subject to arbitration as set forth above in these
Official Rules, and/or are related to entering any judgment on
an arbitration award, shall take place in the State of New York
in New York County.
LIMITATION OF LIABILITY: To the fullest extent
permitted by law, Released Parties do not assume any
responsibility for, and the entrant hereby releases and agrees
to hold the Released Parties harmless from and against, any and
all claims, actions, damages, demands and liabilities of
whatever nature or kind arising out of, or in connection with,
the entrant’s participation or attempted participation in the
Sweepstakes, including, without limitation, the administration
of the Sweepstakes, the selection and confirmation of the
winners, and the arranging for, awarding of and use of a
Prize. Without limiting the generality of the foregoing,
the Released Parties, to the fullest extent permitted by law,
are not responsible for: (a) the incorrect or inaccurate
capture of entry information for any reason; (b) late, lost,
stolen, damaged, misdirected, garbled or incomplete entries,
transmissions or transactions, entries that are altered or
otherwise irregular, have been submitted through illicit means
or do not conform with or satisfy any or all of the conditions
of these Official Rules; (c) any loss, damage, or claims caused
by, or in any way related to, the awarded Prize or the
Sweepstakes itself; (d) failure of the Website or any operations
or transmission of information during the Sweepstakes Period,
including, without limitation, any problems, human, production
or technical errors, lost, delayed, garbled or corrupted data or
transmissions, omissions, interruptions, deletions, defects or
failures of any telephone or transmission lines, technical
malfunctions of any computer on-line systems, servers, access
providers, computer equipment, software, failure of any e-mail
or entry to be received on account of technical problems or
traffic congestion on the Internet or at any website, or any
combination thereof including, without limitation, any injury or
damage to an entrant’s or any other person’s computer related to
or resulting from participating in or downloading any material
connected to the Sweepstakes, all of which may affect a person’s
ability to participate in the Sweepstakes; (e) any typographical
or other error or omission in any printing or advertising
relating to the Sweepstakes, in the administration or execution
of the Sweepstakes, or in the announcement or notification of
the Prize winner(s); (f) the security or privacy of information
transmitted via computer networks or for breaches of privacy due
to interference by third party computer “hackers” or otherwise;
(g) any claims regarding the accepting, arranging for, awarding
of or use of the Prize or any portion thereof; (h) electronic
communications which are undeliverable as a result of any form
of active or passive filtering of any kind; or (i) cheating or
fraud by any participant. Entry material/data that has been
tampered with or altered is void.
Sponsor reserves the right, at its sole discretion, to amend
these Official Rules for clarification purposes, at any time, in
any way, and without prior notice, without materially affecting
the terms and conditions of the Sweepstakes. Without
limiting the foregoing, if for any reason the Sweepstakes is not
capable of running as originally planned, including should any
virus, worm, bug, technical failures, unauthorized human
intervention, or other causes corrupt or affect the
administration, security, fairness or proper conduct of the
Sweepstakes, Sponsor reserves the right to modify, terminate or
suspend this Sweepstakes (or portion thereof). In the event
of termination, Sponsor may select a winner from among all
eligible, non-suspect entries received up to date/time of such
termination, or up to the date/time of the situation warranting
such termination.
WINNER LIST: For the name of the Sweepstakes
winner, enquirers may send a self-addressed stamped envelope
to: Pvolve Anniversary Sweepstakes – Winner List, 730 W.
Randolph Street, Chicago, IL 60661. Requests for the Winner
List should be submitted by December 1, 2024.
PRIVACY: Personally identifiable information or
personal data that is submitted by entrants as part of this
Sweepstakes will be used to administer the Sweepstakes, select
the winners, and fulfill the prizes, and will be treated in
accordance with Sponsor’s Privacy Policy
(https://www.pvolve.com/pages/privacy-policy). By entering
this Sweepstakes, an entrant consents and agrees to Sponsor’s
collection, use, disclosure and storage of entrant’s information
for the administration of this Sweepstakes and for any purposes
consistent with such privacy policy.
RULES GOVERN: The Sweepstakes will be run in
accordance with these Official Rules, which shall prevail,
govern and control in the event of any inconsistency with any
Sweepstakes-related materials. These Official Rules are
subject to change from time to time at Sponsor’s discretion, and
only the currently posted form will apply.
SEVERABILITY: The invalidity or
unenforceability of any provision of these Official Rules shall
not affect the validity or enforceability of any other
provision. In the event any provision is determined to be
invalid or otherwise unenforceable or illegal, these Official
Rules shall otherwise remain in effect and shall be construed in
accordance with their terms as if the invalid or illegal
provision were not contained herein.