ACE “Trivia Thursday” Promotion (“Promotion”) 2010 OFFICIAL RULES

1. ELIGIBILITY REQUIREMENTS: Open to legal residents of the 50 United States and the District of Columbia who are 18 years of age or older at the time of entry. Employees, contractors, directors and officers of The American Council on Exercise (“Sponsor”), its divisions and subsidiaries, and the web design, advertising, fulfillment, judging and promotion agencies involved in the administration, development, fulfillment and execution of this Promotion (collectively, “Promotion Parties”), and the immediate family members of each (spouse, parent, child, sibling, grandparent, and spouse or "step" of each, regardless of where they reside) and those living in their same households (those persons whether related or not who live in the same residence for at least three months during the twelve-month period preceding the start date of the Promotion) are not eligible to enter or win.

 

2. PROMOTION PERIOD: The Promotion will run on the following four (4) days: Thursday February 11, 2010; Thursday, February 18, 2010; Thursday, February 25, 2010; and Thursday, March 4, 2010. The Promotion will run from 8:00 am Pacific Time (“PT”) through 5:00 pm PT on each of the above days (each a “Promotion Period” and collectively the “Promotion Periods”). The Twitter.com clock is the official clock for this Promotion.

 

3. TO ENTER: During each Promotion Period, a Twitter update containing a "Trivia Question of the Day" will be posted from the "acefitness" account. To enter that day's drawing, you must then post a public reply from your twitter.com account to the account "acefitness" (i.e., an update or "tweet" containing "@acefitness") with the correct response to the trivia question (answers to the “Trivia Question of the Day” can be found at www.acefitness.org). Every Twitter user who has posted one or more correct responses will receive one (1) entry for that day's prize drawing. Any responses to the "Trivia Question of the Day" may be used in part or in full for promotional purposes along with the twitter.com username of the submitter. Important Notice: If you post updates to or receive updates from Twitter via your wireless device, standard text message or data charges may apply. Please consult your wireless-service provider plan regarding pricing. You must be an active holder of a non-private Twitter account and be a follower of the account "acefitness" to be eligible for entry. The natural person associated with the Twitter account used to enter will be deemed to be the entrant and must comply with these Official Rules. Enter using only a Twitter account registered in your name. Automated means of entry and entries by any means which subvert the entry process are prohibited and all such entries will be void. Limit one (1) Entry per person/Twitter account per day of the Promotion Period. Entries in excess of the stated daily limitation from any person or Twitter account will be void.

 

4. PRIZE DRAWINGS: At the conclusion of each Promotion Period, the Sponsor will select a potential prize winner from all entries received during the Promotion Period. Non-winning entries received for one Promotion Period will not be carried forward into any subsequent Drawings. There will be a total of four (4) Drawings for this Promotion. The odds of being selected to win a prize depend on the number of eligible entries received for a particular Promotion Period. Potential winners will be notified by a Twitter message with instruction to claim the prize. If any of the potential winners cannot be contacted within seven (7) days after the first attempt to contact him/her, the Sponsor will select an alternate potential winner at random from all eligible entries received for that Promotion Period. Limit one (1) Prize per person, household and/or email address.

 

Prizes:
FOUR (4) GRAND PRIZES (one per day of the Promotion): A “Get Fit” American Council on Exercise t-shirt. Approximate retail value (“ARV”): $20 each.

 

5. GENERAL CONDITIONS: Winners are solely responsible for any federal, state and local taxes on their respective prize. No cash equivalent or substitution of any prize is offered, except at the sole discretion of the Sponsor. No transfer of prize is permitted. Sponsor reserves the right to substitute a prize (or portion thereof) with another prize of equal or greater value. By participating, entrants agree to these Official Rules and Sponsor’s Privacy Policy (available at www.acefitness.org), which are final and binding in all respects. Unclaimed prizes will not be awarded. Prize winners are subject to verification of eligibility and compliance with these Official Rules and prizes will be shipped within 4 to 6 weeks of end of the Promotion Period. If a prize is returned as undeliverable or cannot be awarded for any reason, prize will be forfeited and may be awarded to an alternate winner. If for any reason the Promotion is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, Sponsor reserves the right, at its sole discretion, to disqualify any individual who is responsible or who tampers with the entry process and void all associated entries, and to cancel, modify or terminate the Promotion. In the event of cancellation, all prizes will be awarded in a random drawing from all eligible, non-suspect entries received as of the time of cancellation. This Promotion is offered only in the United States and is governed by the laws of the state of California, and all claims must be resolved in the federal or state courts in San Diego County, California.

 

6. LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by the Promotion Parties resulting from user's participation in, attempt to participate in the Promotion, download of any information in connection with participating in the Promotion. No responsibility or liability is assumed by the Promotion Parties for technical problems or technical malfunction arising in connection with any of the following occurrences, without limitation, that may affect the operation of the Promotion: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent to or received; lost, late, delayed or intercepted e-mail transmissions; inaccessibility of the Twitter.com Web Site (“Web Site”) in whole or in part for any reason; traffic congestion on the Internet or Web Site; unauthorized human or non-human intervention of the operation of the Promotion, including without limitation, unauthorized tampering, hacking, theft, virus, bug, worm; or destruction of any aspect of the Promotion. Promotion Parties are not responsible for any typographical errors in the announcement of prizes or these Official Rules, or any inaccurate or incorrect data contained on the Web Site or other Promotion-related materials. By participating in the Promotion, the entrant thereby releases the Promotion Parties from any and all claims, damages or liabilities arising from or relating to such entrant’s participation in the Promotion. By accepting a prize, winner (and winner’s parent or legal guardian if a prize winner is considered an eligible minor in his/her state of residence) agrees to release and hold Promotion Parties, and all of their respective officers, directors, employees, representatives and agents harmless from and against, any liability for injuries, losses or damages of any kind to persons or property resulting in whole or in part, directly or indirectly, from participation in the Promotion; from acceptance, possession, misuse or use of a prize; and any liability for taxes, duties or other levies assessed upon any of the prizes. Except if winner is a resident of Tennessee, or where prohibited by law, by accepting prize, winner grants permission for Sponsor and those acting under its authority to use his/her name, photograph, voice and/or likeness, for advertising and/or publicity purposes, in any and all media now known or hereinafter invented without territorial or time limitations and without additional compensation, notification or permission. Caution: Any attempt by a participant to deliberately damage any web site or undermine the legitimate operation of the Promotion is a violation of Criminal and Civil laws, and should such an attempt be made, Sponsor reserves the right to seek damages and any other remedies (including Attorney’s fees) from any participant to the fullest extent permitted by law.

 

7. WINNERS LIST REQUEST: For Winner names, send a self-addressed, stamped envelope, for receipt by March 11, 2010 to: ACE “Trivia Thursday” Promotion Winners List Request, P.O. Box 1095, Elmhurst, IL 60126.

 

8. SPONSOR: The American Council on Exercise, 4851 Paramount Drive, San Diego, CA 92123.

Twitter is not a sponsor of or affiliated with this Promotion in any way.