1. HOW TO ENTER
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN A PRIZE. A purchase will not increase your chances of winning.
The “FitBit Versa” Sweepstakes (the “Sweepstakes”) is being organized by higi SH LLC (“Sponsor”). The Sweepstakes will run on Friday May 17, 2019 between 11:30 am- 1:30 PM Central Time (the “Sweepstakes Period”). On Friday May 17, the Sponsor will host a World Hypertension Day free blood pressure screening event (the “Event”). Entrants must create or have created a higi account and conduct both a blood pressure and weight screening on a higi kiosk located at the Event during the Sweepstakes Period.
Those entries that do not provide all the required information will be disqualified and discarded, in the sole discretion of Sponsor. All entries become property of Sponsor and will not be returned. Entries that are forged, altered, or mechanically reproduced will not be accepted and will be void. Limit of one (1) entry per person per Sweepstakes Period. All entries for Sweepstakes must be received by 2 PM Central Time on May 17, 2019.
Entrants may not register with multiple email addresses nor may entrants use any other device or artifice to register multiple times or as multiple registrants. Any entrant who attempts to enter with multiple email addresses under multiple identities or uses any device or artifice to register/play multiple times will be disqualified and forfeits any and all prizes won, in Sponsor’s discretion. Should multiple users of the same e-mail account enter the Sweepstakes and a dispute thereafter arise regarding the identity of the entrant, the authorized account holder of said 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 e-mail address 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. Sponsor reserves the right at its sole discretion, to disqualify any individual (and all of his or her entries) who tampers with the entry process. Automated entries are prohibited, and any use of automated devices will cause disqualification.
Sponsor and its parent, subsidiaries and affiliates are not responsible for late, lost, delayed, unclear, unintelligible, incomplete, misdirected, or ineligible entries which will be disqualified or for technical, hardware, or software malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the sender, or by any of the equipment or programming associated with or utilized in the Sweepstakes which may limit the ability to play or participate, or by any human error that may occur in the processing of the entries in the Sweepstakes. The computer clock of Sponsor is the official timekeeping device of the Sweepstakes.
The Sweepstakes is open to legal residents of Illinois, Indiana, and Wisconsin aged 18 years or older, except employees of Sponsor, its parent(s) and affiliated companies, advertising agencies, and promotional partners, and relatives of and those living in the same household as such employees. For the purpose of this Sweepstakes, relatives are defined as spouse, mother, father, in-laws, grandmother, grandfather, brother, sister, children and grandchildren. All federal, state and local laws and regulations apply. Void where prohibited.
3. SELECTION OF WINNERS:
On or about May 20, 2019, Sponsor or its designated judges (whose decisions are final) will conduct a random drawing among all eligible entries to determine five (5) Prize winners. Each Prize winner will be notified by telephone and/or email that he/she may have won a prize in this Sweepstakes. A Prize winner who does not provide a valid phone number or email address will forfeit his/her prize. If any prize notification, prize, or Sweepstakes communication is rejected or returned as undeliverable or if the Prize winner cannot be reached after a reasonable attempt has been made by Sponsor (as determined by Sponsor in its sole discretion), such Prize winner may be disqualified and an alternate winner may be selected from all eligible entries. Upon prize forfeiture, no compensation will be given. Each Prize winner’s name may be published in any of Sponsor’s, its affiliates’ or its promotional partners’ publications and/or on their websites. Limit of one Prize per person.
All eligible entries qualify to receive a FitBit Versa health and fitness smartwatch (the “Prize”), which will be made available for the Prize winners to pick up at the Sponsor’s main office at 100 S. Wacker Drive, 16th floor, Chicago, IL 60606 beginning on May 21, 2019. Sponsor shall not be responsible for Prizes which are not picked up by Prize winners. Approximate retail value of each Prize is $229.95.
Approximate retail value of all Prizes: $1,149.75. Actual value may vary. Prize winners will not receive the difference between actual and approximate retail value. Failure to use a prize after it has been accepted by a winner will not excuse the winner from having to pay taxes on such prize.
Odds of winning a Prize depend on number of eligible entries received. All prizes legitimately claimed will be awarded. No transfers, prize substitutions or cash redemptions will be made, except at Sponsor’s sole discretion. In addition, Sponsor reserves the right, in its sole discretion, to substitute a prize (or portion thereof) of comparable or greater value whether due to the unavailability of a prize or prize component, or for any other reason. Prizes are non-refundable and must be accepted as awarded. No more than the stated number of prizes will be awarded. Sponsor will not replace any lost, mutilated, misdirected or stolen prizes.
All state, federal, and local taxes, as well as any expenses and incidental travel costs not specified in these Official Rules, are the sole responsibility of each Prize winner, including, without limitation, fuel surcharges, gratuities, ground transportation, and any expenses related to travel to and from Chicago, Illinois.
Each Prize winner will be required (in Sponsor’s sole discretion) to sign and return a claim form and an affidavit of eligibility and liability/publicity release within five (5) days of receipt or the prize may be forfeited. In the event of noncompliance with any of the foregoing requirements, a Prize may be forfeited. All Prize claims, affidavits of eligibility and liability/publicity releases are subject to verification by Sponsor and/or its promotional partners.
5. LIMITATION OF LIABILITY/DISCLAIMERS:
By entering entrant agrees to release, defend, hold harmless and indemnify Sponsor, its promotional partners and their respective parent(s), subsidiaries, affiliates, contractors, managers, officers, employees and agents against any and all liability, damages or causes of action (however named or described), with respect to or arising out of any injuries, losses, or damages of any kind caused by the acceptance, possession, use or misuse of a prize awarded in the Sweepstakes, including but not limited to any claims for damage to property, personal injury, death or claims based on defamation, rights of privacy, rights of publicity or merchandise delivery. False or deceptive entries or acts will render the entrant ineligible. By entering, entrant further agrees that (a) 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; (b) all 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 (c) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs. WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor is not responsible for any printing or typographical errors in these Official Rules or any other materials associated with the Sweepstakes.
Entrants enter at their own risk and Sponsor is not responsible for and shall not be liable for any condition caused by events beyond their control that may cause the Sweepstakes to be disrupted or corrupted. Failure to comply with these Official Rules may result in disqualification from this Sweepstakes. Sponsor reserves the right to permanently disqualify any person it believes has violated these Official Rules.
6. GENERAL RULES:
By entering the Sweepstakes (except where prohibited by law), entrants consent to the use of their names, pictures, likenesses, voices, biographical data, and/or any information contained in their entry in advertising, promotion and marketing materials throughout the world, in any medium now or hereafter invented, including on the internet, by Sponsor, its promotional partners, and third party marketing entities, without additional compensation, notification, review, or approval. Sponsor’s decisions will be final in all matters related to this Sweepstakes, the interpretation of these Official Rules and awarding of the prizes. If the Sweepstakes is not capable of running as planned for any reason, Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Sweepstakes or to modify these Official Rules. DO NOT call Sponsor or its promotional partners, as this Sweepstakes will not be discussed by phone, except at Sponsor’s sole discretion.
7. WINNERS’ LIST. For the name of the winners, send a legal-size, self-addressed, stamped envelope to: “FitBit Versa” Winners’ List, 100 South Wacker Drive, 16th floor, 10th Floor, Chicago, IL 60606. Requests must be received no later than three (3) months following the close of the Sweepstakes.
8. CHOICE OF LAW/VENUE. All issues and questions concerning the construction, validity, interpretation and enforceability of the Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Illinois, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings shall take place in the State of Illinois, in the City of Chicago.
9. SPONSOR: higi SH, LLC, 100 South Wacker Drive, 16th Floor, Chicago, IL 60606. LifeStart Fitness is not a sponsor of these Sweepstakes or its Prizes.