1. NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
2. ACE: Resolution Evolution Workout Song Challenge (the “Contest”) is sponsored by American Council on Exercise (“ACE”).
3. Eligibility: The Contest is open to residents of the United States who are eighteen (18) years of age or older at time of entry (the “Contestant”); void where prohibited by law. Employees, contractors, directors and officers of ACE, its divisions and subsidiaries, and the web design, advertising, fulfillment, judging and promotion agencies involved in the administration, development, fulfillment and execution of this Contest, 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 Contest) are not eligible to enter or win. The Contest is void outside of the geographic areas listed above, and the Contest is void anywhere else where prohibited by law. Subject to all applicable federal, state, and local laws and regulations. Participation constitutes Contestant’s full and unconditional agreement to these terms and conditions and ACE’s decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
4. Registration: Enter online at www.acefitgoal.com (the “Contest Website”) and follow the directions to register for the Contest. Registration will be accepted beginning May 16, 2013 at 8 AM, Pacific Time through July 31, 2014 at 11:59 PM, Pacific Time (the “Contest Period”). All references to time of day are references to the time in San Diego, California.
5. Contest: Each Contestant must compete by uploading the required materials, videos and photographs (“Contestant Content”) and completing challenges as described on the Contest Website. Contestants are not required to complete all challenges in order to be considered for the prize.
6. Contestant Content Restrictions: Contestant Content must conform to the following content restrictions:
a. Contestant Content must not contain images of athletes in uniform.
b. Contestant Content must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
c. Contestant Content must not disparage ACE or any other person or party affiliated with the Contest and administration of the Contest;
d. Contestant Content must not contain brand names or trademarks (other than ACE’s);
e. Contestant Content must not contain material that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous;
f. Contestant Content must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
g. Contestant Content must not contain material that is illegal in any applicable jurisdiction and ACE reserves the right to forward any Contestant Content containing illegal conduct to the appropriate authorities.
ACE may delete or modify any Contestant Content that violates the above content restrictions.
7. Criteria for Grand Prize Winner Selection: One individual will be randomly selected as the grand prize winner through the submission of Contestant Content during the Contest Period. ACE reserves the right to contact Contestants for additional information prior to selecting the winners; there is no guarantee that any Contestant contacted in this manner will be selected as a winner. The judging criteria will be applied in the sole discretion of ACE and the individual judges. By entering the Contest, Contestants acknowledge that such evaluations may differ from person to person and agree to be bound by and not challenge the final decisions of ACE and the individual judges.
8. Grand Prize Winner Notification and Qualification: The potential grand prize winner will be notified in person and/or by phone and/or by email or mail or express mail, whichever is deemed appropriate by ACE on or about July 15, 2013, using the contact information provided on the entry. Return of any prize/prize notification as undeliverable, including failure to respond within five (5) days of the delivery of such notification by ACE, may result in disqualification. Each winner must sign and return an Affidavit of Eligibility and Publicity/Liability Release within seven (7) days of first attempted notification. If a potential winner cannot be contacted, or fails to sign and return the Affidavit of Eligibility or Liability & Publicity Release, such potential winner forfeits prize. Each potential winner must continue to comply with all terms and conditions of these terms and conditions, and winning is contingent upon fulfilling all requirements. In the event that a potential winner is disqualified for any reason, ACE reserves the right, in its sole discretion, to award such prize to an alternate winner or not to award the prize.
9. Grand Prize: Each grand prize winner will receive: (1) $50 WorkoutMusic.com gift certificate.
10. Prize Terms and Conditions: Any difference between the stated value and actual value of any prize awarded during this Contest will not be awarded. All expenses and costs, including but not limited to, taxes or other expenses, are the responsibility solely of winner. Insurance, gratuities and other expenses not listed are the responsibility of the winner. Prize is non-transferable and no substitution or cash redemption will be made, except in case of the unavailability of the prize or a prize component, ACE reserves the right to award a prize of equal or greater value. If a winner cannot accept the prize as stated, the prize will be forfeited in its entirety and awarded to an alternate winner. The value of the prize will be taxable to prize winner as income. Prize winner must supply ACE with his/her social security number for tax purposes. An IRS Form 1099 will be issued in the name of prize winner (or if an eligible minor, in the name of his/her parent or legal guardian) for the actual value of the prize received. Upon entry into the Contest, prize winner (as well as all other Contestants) is required to comply with any and all applicable federal, state, and local laws, rules, and regulations. All federal, state and local taxes are solely the prize winner’s responsibility. ACE has no responsibility or obligation to a prize winner or potential prize winner who is unable or unavailable to accept or utilize prize as described herein.
11. Release: By receipt of the prize, winner agrees to release and hold harmless ACE, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize.
12. Use of Contestant Content/Publicity: By submitting Contestant Content, the Contestant hereby expressly grants to ACE an irrevocable, royalty-free, worldwide license in perpetuity to reproduce, distribute, adapt, modify, publicly perform, and display the entry, and otherwise use and exploit all or any part of the Contestant Content by any method (now existing or later developed) for any purpose whatsoever including, but not limited to hosting and displaying the Contestant Content on ACE’s websites in conjunction with the promotion of ACE’s products. Contestant hereby grants to ACE an irrevocable, royalty-free, worldwide license in perpetuity to use Contestant’s rights of publicity in connection with the Contestant Content for any purpose whatsoever including but not limited to the Contest and related activities. Contestant also grants to ACE a license to use his or her name to identify the source of the Contestant Content. Further, if a third party's rights of publicity appear in the Contestant Content, Contestant represents and warrants to ACE that s/he has secured and hereby grants to ACE a license to use such third party's rights of publicity to the same extent as his or her own rights of publicity. Contestant shall indemnify, defend and hold harmless ACE from any and all claims, demands, causes of action or damages, costs and expenses (including attorneys' fees) brought against ACE based upon ACE’s use of the entry and any proprietary rights embodied therein. Contestant hereby waives, releases and discharges any and all claims whatsoever against ACE for its use of the Contestant Content (including, but not limited to any alleged or actual infringement or misappropriation of any proprietary rights in any information contained in the Contestant Content submitted to ACE). All Contestant Content sent to ACE will be treated as non-confidential and non-proprietary. Contestant agrees that ACE is not required to use the information contained in the Contestant Content in any manner and that if ACE uses Contestant Content, ACE may remove a portion of or the entire Contestant Content at any time without notice to Contestant.
13. General Conditions: Noncompliance with these terms and conditions may result in disqualification and all associated entries will be void. ANY VIOLATION OF THESE TERMS AND CONDITIONS BY THE PRIZE WINNER OR ANY BEHAVIOR BY THE PRIZE WINNER THAT WILL BRING SUCH PRIZE WINNER OR SPONSOR INTO DISREPUTE (IN SPONSOR’S SOLE DISCRETION) WILL RESULT IN SUCH PRIZE WINNER’S DISQUALIFICATION AS THE PRIZE WINNER OF THIS CONTEST AND ALL PRIVILEGES AS THE PRIZE WINNER WILL BE IMMEDIATELY TERMINATED. If for any reason the Contest is not capable of running as planned, including without limitation, lack of significant participation, infection by a computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, ACE reserves the right, at its sole discretion, to cancel, suspend and/or modify the Contest. ACE reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these terms and conditions or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, ACE reserves the right to seek damages from any such person to the fullest extent permitted by law. ACE’s failure to enforce any term of these terms and conditions shall not constitute a waiver of that provision. Contestant represents and warrants that: (a) s/he is the sole and exclusive owner of all rights in and to any information contained in the Contestant Content (except for (i) any third party rights of publicity in the Contestant Content, to which Contestant has obtained the right to license such publicity rights to ACE in accordance herewith, or (ii) photographs taken by a third party in Canada for which Contestant has obtained the right to license the rights in the photograph to ACEs in accordance herewith); (b) the information contained in the Contestant Content is not libelous, slanderous, or defamatory in nature; and (c) ACE’s use of the information contained in the Contestant Content shall not infringe the proprietary rights of any third party (including, but not limited to third party rights of publicity). Breach of any of the foregoing representations shall disqualify the Contestant from being chosen as the winner.
14. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Contestants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) computer, online, telephone, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, availability, garbled or jumbled transmissions, service provider, Internet, web site or other accessibility or availability issues, traffic congestion, or unauthorized human intervention or any technical malfunctions that may occur; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Contestant’s participation in the Contest or receipt or use or misuse of any prize. ACE makes no representation or warranties concerning the appearance, safety or performance of any prizes awarded. If for any reason a Contestant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Contestant’s sole remedy is another entry in the Contest. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these terms and conditions to be available and/or claimed, ACE reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
15. Disputes: As a condition of participating in this Contest, Contestant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with the Contest shall be resolved individually, without resort to any form of class action, exclusively, before a court of competent jurisdiction located in the federal or state courts in San Diego County, California., Contestant shall, under no circumstances, be entitled to claim punitive, incidental, or consequential damages, or any other damages, including attorneys’ fees, other than Contestant’s actual out-of-pocket expenses (if any) associated with participating in the Contest, and Contestant hereby waives all rights to have damages multiplied or increased.
17. Winner List: To find out the winners, send a self-addressed stamped envelope after June 16, 2013 to: ACE, Attn: Marketing Department/Resolution Evolution Workout Song Challenge, 4851 Paramount Drive, San Diego, CA 92123.