Official Sweepstakes Rules
FULL TERMS AND CONDITIONS
FROM QUANTUMFACTORY CO. LIMITED
[MY SECRET ONLINE FITNESS GAME MEMBERSHIP GIVEAWAY]
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. MAKING A PURCHASE OR PAYMENT WILL NOT IMPROVE ENTRANT’S ODDS OF WINNING. SUBJECT TO ALL FEDERAL, STATE, AND LOCAL, REGULATIONS, AND ORDINANCES. Void where prohibited by law.
Sweepstakes begins at 12:01 AM EST (UTC -5) on Monday, April 9th, 2018, and ends at 10:59 PM EST (UTC -5) on Monday, December 31st, 2018 (“Sweepstakes Period“). Sponsor’s computer is the official time-keeping device for this Sweepstakes.
THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK, INC., INSTAGRAM, INC., YOUTUBE, LLC, TWITTER, INC., WHATSAPP, INC. OR GOOGLE INC.
With the sweepstakes, each entrant or participant completely releases Facebook, Instagram, Youtube, Twitter, WhatsApp and Google of any responsibility.
By entering this promotion, you agree that Quantumfactory Co. Limited, Facebook, Inc., Instagram, Inc., Youtube, LLC, Twitter, Inc., WhatsApp, Inc., or Google Inc. will have no liability regarding any and all matters related to your participation in the sweepstakes, as well as acceptance or possession of the prize.
Sweepstakes (the “Sweepstakes“) is open internationally to anyone age 18+ at entry and sign up at the online sweepstakes page with their name and email at https://upvir.al/49340/my-secret-online-fitness-game-giveaway (except legal residents of US Virgin Islands and other US territories, possessions and military installations, and except Quebec).
Employees of Quantumfactory Co. Limited (hereinafter referred as ‘Sponsor’), Sponsor, or any of their employees, officers, directors, parent companies (or subsidiaries thereof), affiliates, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies (collectively, the “Sweepstakes Entities”), and members of their immediate families (spouses, parents, children, siblings and their spouses, regardless of where they live) and those living in the same household are not eligible to enter.
Participation constitutes Entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a Prize is contingent upon fulfilling all requirements set forth herein.
Sponsor reserves the right to verify the eligibility of winner. Any entry shall be rendered void if it is in contravention of these Sweepstakes Rules (the “Official Rules“) or where prohibited or restricted by law.
The Sweepstakes is subject to all applicable federal, state and local laws and regulations. Void where prohibited.
If any entry received from a resident of Canada is selected as a potential winner, the potential winner will be subject to the process outlined in the section titled “SELECTION AND NOTIFICATION OF WINNERS”.
2. ENTRY: Participants (“Entrants“) may enter the Sweepstakes during the Sweepstakes Period by filling out completely and accurately an online entry form at https://upvir.al/49340/my-secret-online-fitness-game-giveaway (the “Website“) or any other microsite or online form as identified by Sponsor during the Sweepstakes Period, or via a paper or electronic form available at various events and festivals where Sponsor is participating.
Entrants may enter at any time during the Sweepstakes Period for a chance to win, however, only Entrants that enter by 10:59 PM EST (UTC -5) on the applicable drawing date will get a chance to win.
Subject to the Sharing and Video Incentives listed below, participation is LIMITED TO ONE (1) ENTRY PER PERSON. In the event more than one (1) entry is received from any one (1) person, the first entry processed will be considered the only valid entry received from that Entrant.
In the event of a dispute regarding an entry, entries will be deemed made by the authorized account holder of the e-mail address submitted at the time of entry. The “authorized account holder” is the natural person who is assigned to the e-mail address by an internet access provider or other organization that is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address.
Any potential winner may be required to show proof of being the authorized account holder. Bulk, automated and/or third party entries are prohibited and will be disqualified. Multiple Entrants are not permitted to share the same email address. Any attempt by any Entrant to obtain more than the stated number of entries by using multiple and/or different identities, forms, registrations, email addresses, logins, or any other methods will void that Entrant’s entries, and that Entrant may be disqualified at Sponsor’s discretion.
Potential winners may be required to show proof of being the authorized account holder to the Sponsor or forfeit the Prize. Entries that are incomplete, illegible, corrupted, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Sweepstakes at Sponsor’s sole and absolute discretion. All potential winners are subject to verification before any Prize will be awarded.
SHARING INCENTIVE: After completing and submitting an entry form, Entrant will be provided with a unique entry URL (Entrant’s “URL”) which the Entrant is encouraged to share via email, social media, and any other appropriate channels, to encourage Entrant’s contacts, friends, and others to enter the Sweepstakes.
When Entrant shares that Entrant has entered the Sweepstakes, Entrant must (1) include the hashtags #BonusEntry and #MySecretOnlineFitnessGameMembershipSweepstakes (or any other hashtag provided by Sponsor containing the word “sweepstakes”, collectively, the “Disclosure Hashtags”), and (2) comply with all terms, conditions and other guidance governing such sharing on the relevant social media platform or email service, including any prohibitions on excessive posting or “spamming”.
For each person that has not previously entered the Sweepstakes, and who clicks through the Entrant’s URL to enter the Sweepstakes, the original Entrant will earn twenty (20) additional entries. There is no limit to the number of additional entries that an Entrant can earn through this incentive.
Canadian law prohibits sending email solicitations without the express consent of the recipient. If, however, more than one Entrant shares their unique URL for the Sweepstakes with the same person and such person enters the Sweepstakes, all of the additional entries generated by that person’s entry shall be allocated to the Entrant who’s URL the person clicked through to submit his or her first entry.
By participating in this Sweepstakes, Entrant acknowledges and agrees that he or she will clearly and conspicuously disclose that he or she is participating in this Sweepstakes in any emails or online social sharing interaction or email that references the Sweepstakes or is used to obtain entries in connection with this Sweepstakes. At a minimum, the Disclosure Hashtags should be included in all social media communications sent pursuant to the Sweepstakes.
Sponsor reserves the right in its sole discretion to disqualify any Entrant who does not adequately disclose his or her participation in this Sweepstakes while engaging in any communications or online social sharing interaction during the Sweepstakes Period.
ADDITIONAL BONUS ENTRIES AND REWARDS: All Entrants can receive up to twenty four (24) additional entries by clicking on unique URL social media share links provided to Entrants by Sponsor after entering the Sweepstakes.
Each unique URL social media share link will automatically result in three (3) bonus entries allocated to the Entrant. The URL of each social media share link may be clicked multiple times, however, the Entrant will only get three (3) bonus entries the first time from any eligible social media share link.
Please note that Entrants using YouTube to obtain additional entries through participating in the sharing incentive or the video incentive must comply with YouTube’s community guidelines, available at https://www.youtube.com/yt/policyandsafety/communityguidelines.html.
Sponsor is not liable for late, lost, stolen, incomplete, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Only fully completed entries are eligible. Proof of submission will not be deemed to be proof of receipt by Sponsor. Entrants agree that Sponsor shall own the entries, which will not be acknowledged or returned.
All entrants with 10 entry points or more receive a Free Membership in My Secret Online Fitness Game Phases ZERO and ONE. The instructions on how to accept the price are sent to entrants by email as soon as they have reached 10 entry points.
All entrants with 2000 entry points or more receive a Fitness Kit for the Phase ONE of My Secret Online Fitness Game, consisting of a pair of Perfect Tights, a jump rope and the Blue and Yellow envelopes.
3. SELECTION AND NOTIFICATION OF WINNERS/ODDS:
3.1 Drawing dates and times
The Sweepstakes knows 9 drawing dates:
Drawing date 1: Friday 4th May 2018 11:45 PM EST (UTC -5)
Drawing date 2: Friday 1st June 2018 11:45 PM EST (UTC -5)
Drawing date 3: Wednesday 4th July 2018 11:45 PM EST (UTC -5)
Drawing date 4: Friday 10th August 2018 11:45 PM EST (UTC -5)
Drawing date 5: Monday 3rd September 2018 11:45 PM EST (UTC -5)
Drawing date 6: Monday 8th October 2018 11:45 PM EST (UTC -5)
Drawing date 7: Sunday 11th November 2018 11:45 PM EST (UTC -5)
Drawing date 8: Friday 7th December 2018 11:45 PM EST (UTC -5)
Drawing date 9: Friday 28th December 2018 11:45 PM EST (UTC -5)
3.2 Drawing dates 1 to 9: Main Prize – Free Membership Phases ZERO and ONE My Secret Online Fitness Game. – 10 Free Memberships per Drawing Date Available.
Sponsor will select eleven (11) potential Prize winners using an electronic weighted random drawing method from the pool of all eligible entries received up until corresponding drawing date. Entries must be received by 10:59 PM EST (UTC -5) on the date of the applicable drawing to be eligible for any Prize.
The drawing time and date will be 11:45 PM EST (UTC -5). Odds of being selected as a potential winner are based on the total number of eligible entries received up until the date and time of drawing.
The potential winner of each Prize Drawing will be notified by email on the next day after the drawing date.
The potential winner must claim the prize within 3 days of being notified by replying to the email. If the potential winner does not claim the prize within 3 days of being notified by email, the potential winner is being disqualified.
If any potential winner is a resident of Canada, s/he shall be required to correctly answer, without the assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill-testing question to be administered during a pre-arranged telephone call or by e-mail, prior to being declared a Winner.
If a potential winner is disqualified or otherwise determined to be ineligible or declines to accept the prize for any reason; or if a potential winner otherwise refuses or fails to comply with the Acceptance Criteria detailed below; Sponsor will hold up to three (3) alternate drawings for any prize not awarded, after which any remaining prizes may remain un-awarded.
4. ACCEPTANCE CRITERIA: Potential winners age eighteen (18) and older must consent to each of the following Acceptance Criteria to be considered an official winner.
– Provide a current photograph of themselves via e-mail in the jpeg format.
– Sign an Affidavit of Eligibility, Liability & Publicity Release (where permitted by law) within three (3) days of notification that they are a potential winner (as detailed in the heading “Release and Limitations of Liability“); and
– Agree to provide feedback upon request by Sponsor of their prize.
Verification of Potential winners: ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
5. THE PRIZES: Approximate Retail Value (“ARV”) of all Prizes to be awarded: $2999 (two thousand nine hundred and ninety nine US dollars) in membership fees. ARV of Prizes may vary depending on item type, brand, cost of time of purchase, promotions, coupons and/or, but not limited to closeout sales.
The following prizes are available:
• My Secret Online Fitness Game Membership Phases ZERO and ONE. – 100 Available: – All Entrants are eligible. Electronic weighted random drawing method is being used to select 11 winners on the drawing dates 1 to 8 and 12 winners on the drawing date 9.
6. PRIZE RESTRICTIONS: Sponsor reserves the right to offer only the stated number of prizes (100 in total) by an electronic weighted random drawing method among all legitimate, un-awarded, eligible prize claims. Prize Winners will be able to possibly win one prize and one reward.
Prizes cannot be substituted, assigned, transferred, or redeemed for cash by winner; however, Sponsor reserves the right to make equivalent prize substitutions at its sole discretion. Sponsor will not replace any lost or stolen Prizes. Prizes cannot be used in conjunction with any other Sweepstakes or offer.
In the event winner engages in behavior which (as determined by Sponsor in its sole discretion) is obnoxious, threatening or illegal, or which is intended to threaten or harass any other person, or which in any way disparages or adversely affects the reputation, image, and/or customer goodwill of Sponsor or any of Sponsor’s services, products, trademarks, service marks, or logos, Sponsor reserves the right to terminate awarding any Prize to winner, and Sponsor shall have no further obligations whatsoever (including any obligation to pay compensation) to the winner.
All prize details are at Sponsor’s sole discretion. Sponsor is required by law to report the prize were required. An IRS form 1099 will be issued to the winner when required by law on any Prizes valued at $600 or more.
7. GENERAL CONDITIONS: Entrants consent that Sponsor and its affiliated companies may contact Entrant for marketing purposes by e-mail, landline telephone using an automatic dialer (for which Entrant agrees that Entrant’s entry constitutes his or her express written consent) or mail regarding publications and information relating to its products, offers and services, including regarding time-share interests.
Entrants may withdraw consent at any time by ticking the “opt out” or “unsubscribe” box in respect to email contact or by sending a written request to this effect to the address below:
Quantumfactory Co. Limited
Attn: Mr. G. Wagner
Yongfeng Village Group 12 #5
Minhang District, 201112 Shanghai
Entrants who have withdrawn their consent to be contacted by the Sponsor, can not be contacted by the Sponsor for winning notifications and therefore can not participate in the drawings.
All Entrants will conduct themselves in a decorous manner at all times during their participation in the Sweepstakes. Sponsor reserves the right to disqualify any Entrant if such Entrant has engaged in, or during the Sweepstakes engages in, any act which, in Sponsor’s sole judgment, involves moral turpitude or which brings Sponsor or Entrant into public disrepute, contempt, scandal or ridicule, or which damages, denigrates or injures the reputation or success of Sponsor or its products or services.
Sponsor reserves the right to suspend, modify, or cancel this Sweepstakes, or any part of it, at any time without notice, to include, but not limited to delaying the start of the Sweepstakes should the Website not be ready to receive entries prior to the start date. Sponsor also reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion.
The Sweepstakes Entities are not responsible for lost, late, incomplete, illegible, damaged, stolen, or misdirected entries; lost, interrupted, or unavailable network, server, or other connections, garbled transmissions or miscommunications, telephone transmission problems; computer or software malfunctions or damage to a user’s computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. Proof of sending or submission of entry will not be deemed proof of receipt by Sponsor. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Sponsor may prohibit an Entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines that Entrant is or has attempted to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception or other unfair playing practices or intending to annoy, abuse, threaten, or harass any other Entrants or Sponsor representatives.
WARNING: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, the Website, and/or the legitimate operation of the Sweepstakes; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person.
If, for any reason, the Sweepstakes is not capable of running as planned, Sponsor may, in its sole discretion, void any suspect entries and (a) modify the Sweepstakes or suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; or (b) award the prizes at random from among the eligible, non-suspect entries received up to the time of the impairment.
8. RELEASE AND LIMITATIONS OF LIABILITY: By participating in this Sweepstakes, Entrants agree that Sweepstakes Entities, Facebook, Inc., Instagram, Inc., Youtube, LLC, Twitter, Inc., WhatsApp, Inc., or Google Inc., and each of their parents, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, web masters, and their respective officers, directors, employees, representatives and agents (“Released Parties”) are not responsible for: (1) any incorrect or inaccurate information, whether caused by Entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (5) to the extent permitted by law, any injury, loss or damage of any kind to persons, including personal injury or death or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes, downloading any materials, acceptance, possession or receipt or use or misuse of any prize.
BY PARTICIPATING IN THIS SWEEPSTAKES, ENTRANTS AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THIS SWEEPSTAKES OR IN ANY SWEEPSTAKES RELATED ACTIVITY, INCLUDING ACCESS TO AND USE OF THE INTERNET WEBSITES https://upvir.al/49340/my-secret-online-fitness-game-giveaway , https://cocotomatl.com/ , https://thingsureallylove.com , https://mysecretonlinefitnessgame.com OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITES, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO TRAVEL CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING THE WEB SITE AND ALL PRIZES, ARE 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.
9. PUBLICITY GRANT: Except where prohibited by law, winner grants to Sponsor (which grant will be confirmed in writing on request of Sponsor), its parent company and any subsidiary thereof, affiliates, retailers, distributors, advertising and promotion agencies, suppliers, and those acting pursuant to its authority, the right and permission to print, publish, broadcast, and use, worldwide in any media now known or hereafter developed, including but not limited to the world wide web, at any time or times, the winner’s name, portrait, picture, city/town of residence, voice, likeness, opinions and biographical information for advertising, trade, and promotional purposes (including the announcement of his or her name on television or radio broadcast) without additional consideration, compensation, permission, or notification.
10. DISPUTES: To the extent permitted by law, 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 Shanghai Court of Law within State of Shanghai, P.R. China; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the 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), any and all rights to have damages multiplied or otherwise increased.
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 Shanghai, P.R. China, without giving effect to any choice of law or conflict of laws rules of any other jurisdiction, which would cause the application of the laws of any jurisdiction other than the State of Shanghai.
12. OFFICIAL RULES AND WINNER’S LIST: For a copy of the Official Rules visit https://cocotomatl.com/my-secret-online-fitness-game-membership-sweepstakes-terms-and-conditions/ and for a copy of the winners’ names and city of residence available for ninety (90) days after each winner is selected, visit https://cocotomatl.com/sweepstakes-winners-list/; or send a stamped, self-addressed envelope to:
Quantumfactory Co. Limited
Attn: Mr. G. Wagner
Yongfeng Village Group 12 #5
Minhang District, 201112 Shanghai
13. MISCELLANEOUS: Any names and addresses acquired during the course of this Sweepstakes will be used for the purpose of soliciting the sale of products and/or services by Sponsors.
Entrant’s eligibility will depend upon the criteria in these Official Rules, including the state of residency of the Entrant. Please confirm.
THIS ADVERTISEMENT IS BEING USED FOR THE PURPOSE OF SOLICITING PRODUCTS AND SERVICES.
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