NO PURCHASE IS NECESSARY TO ENTER OR WIN.
This competition is open to individuals who are of legal age of majority in their jurisdiction of residence (and at least 21) and able to travel to the United States of America. Additional eligibility restrictions apply. Contest starts 12:01 a.m. PST on Monday May 9, 2011, and ends at 11:59 p.m. PST on Sunday September 18, 2011. Void where prohibited. See Official Rules, which govern, for complete details, available at www.PilatesAnytime.com/next
This agreement is the official rules of the The Next Pilates Anytime Instructor Competition (the “Official Rules”).
The Next Pilates Anytime Instructor Competition (the "Competition") starts on Monday May 9, 2011 at 12:01AM Pacific Standard Time (“PST”) and ends on Sunday September 18, 2011 at 11:59PM PST (the "Contest Period").
Competition is open to individuals (the “Entrant”) who (1) are at least twenty-one (21) years of age when the Contest Period begins, (2) are able to legally travel to California, United States of America from Tuesday November 1, 2011 to Sunday November 6, 2011, (3) have completed a minimum of four hundred and fifty (450) documented hours of comprehensive Pilates teacher training, (4) have a minimum of five (5) years of Pilates teaching experience, (5) carry personal liability insurance for teaching Pilates and (6) are able to teach Pilates using the English language.
Individuals that sell or promote any of the following are not eligible to enter or win the Competition: pharmaceuticals, drugs, drug paraphernalia, pornography or sexual aids, diet aids, gambling, liquor, tobacco or firearms/weapons.
Employees and contractors of Pilates Anytime, Inc., 12405 Venice Blvd., Suite 133, Los Angeles, California, 90066, USA (the "Sponsor") and their respective parents, subsidiaries, affiliates, promotion and advertising agencies, and members of their immediate family (spouse and parent, children and siblings and their respective spouses, regardless of where they reside) and persons living in the same household, whether or not related, of such employees, are also not eligible to enter or win the Competition.
Sponsor reserves the right to conduct a background check of any and all records of Potential-Finalists (as defined below), including, without limitation, civil and criminal court records and police reports, and entry in the Competition constitutes Entrant’s permission for Sponsor to conduct such background check, provided that, to the extent additional authorization is necessary under law, Potential-Finalist shall authorize such check. Sponsor reserves the right, at its sole discretion, to disqualify any Potential-Finalist that Sponsor determines, in its sole discretion, that awarding a prize to such Potential-Finalist (if selected as the Grand Prize Winner (as defined below)) might reflect negatively on Sponsor.
HOW TO ENTER.
During the entry period from Monday May 9, 2011 at 12:01 a.m. PST to Sunday June 26, 2011 at 11:59 p.m. PST (the “Entry Period”) the Entrant will visit www.PilatesAnytime.com and click on the Competition link and follow the directions provided to complete the entry form, answer the questions, upload up to three (3) photographs, link to a video of between five (5) and fifteen (15) minutes duration (the “Video Entry”) and save the information (the “Entry”). The photograph and video should be of the Entrant teaching Pilates. Photos must be submitted in .PNG, .JPG, or .GIF formats and cannot exceed 4 MB.
The video should be uploaded to YouTube. If YouTube is not available in the country of residence of the Entrant then after consulting with Sponsor a similar site shall be used. Any video submitted must comply with the restrictions set forth in these Official Rules, as determined by Sponsor in its sole discretion, or the Entry may be disqualified.
Each Entrant understands that Sponsor and its designees may exploit, edit, modify, create derivatives works of, perform, post, distribute and otherwise use the Video Entry and all elements of such Video Entry, including, without limitation, the names and likenesses of any persons or locations embodied therein, in any and all media now known or hereafter devised (including, but not limited to, the Sponsor websites), in any manner, throughout the universe, in perpetuity without compensation or notification to, or permission from, entrant or any third party. Released Parties (as defined below) are not responsible for unauthorized use of Video Entries by third parties.
All Entries must be received during the Entry Period to be considered. Entries generated by script, macro or other automated means or by any means which subvert the entry process are void. Limit one (1) Entry per person. Entries received from any person in excess of the stated limitation will be void. All Entries become the sole property of the Sponsor and will not be returned.
The Sponsor shall review each Entry to ensure that it complies with the Official Rules and inform the Entrant if the Entry has been accepted prior to Thursday June 30, 2011 at 11:59 p.m. PST.
ADDITIONAL ENTRY RESTRICTIONS.
Entry may not contain, as determined by the Sponsor, in its sole discretion, any content that:
• Promotes pharmaceuticals, politics, pornography, sexual aids, diet aids, gambling or that address any sensitive topic with respect to current events;
• Is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity;
• Promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message;
• Is obscene or offensive; endorses any form of hate or hate group;
• Appears to duplicate any other submitted Entries;
• Defames, misrepresents or contains disparaging remarks about other people or companies;
• Contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, without permission; contains any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
• Contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media), without permission;
• Contains materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission;
• Contains look-alikes of celebrities or other public or private figures, living or dead;
• Communicates messages or images inconsistent with the positive images and/or good will to which we wish to associate; and/or
• Violates any law.
Entry must be the original work of the Entrant and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. If the Entry contains any material or elements that are not owned by the Entrant, and/or which are subject to the rights of third parties, the entrant is responsible for obtaining, prior to submission of the Entry, any and all releases and consents necessary to permit the use and exhibition of the Entry by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the Entry. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any Entrant at any time. Failure to provide such proof may, if requested, render Entry null and void. By submitting an Entry, Entrant warrants and represents that he/she and any persons appearing or who are identifiable in the Entry consent to the submission and use of the Entry in the Competition and to its use as otherwise set forth herein. Sponsor reserves the right to disqualify any Entry it determines, in its sole discretion, that does not comply with these Official Rules.
The Competition will consist of three (3) phases to determine the winner: (i) Initial Voting Phase, (ii) Review Phase and (iii) Final Voting Phase.
Initial Voting Phase.
All accepted Entries shall be displayed on the Pilates Anytime website during the period from Friday July 1, 2011 at 12:01 a.m. PST to Sunday August 14, 2011 at 11:59 p.m. PST (the “Initial Voting Phase”).
During the Initial Voting Period, individuals will be invited to vote for an Entry based on their desire to see the Entrant win the Grand Prize. Individuals voting during the Initial Voting Period will be governed by the Initial Voting Round Terms and Conditions
. Entrants are prohibited from obtaining votes by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to members of the public, as determined by Sponsor in its sole discretion.
The Sponsor shall review the Entrants that received the most valid votes during the period (the “Potential Finalists”) from Monday August 15, 2011 at 12:01 a.m. PST to Sunday August 28, 2011 at 11:59 p.m. PST. The exact number of Potential Finalists that will be reviewed will be between ten (10) and twenty-five (25) (as determined by Sponsor). Sponsor reserves the right to select fewer than ten (10) Potential Finalists if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Entries.
Potential Finalists will each be contacted by a Sponsor representative via phone to verify eligibility and to ensure that the Potential Finalist is available to be in California between November 1, 2011 and November 6, 2011 to be filmed by Sponsor and to attend the Pilates Method Alliance Meeting in Palm Desert. Any Potential-Finalist who is not available to be videotaped and travel during the respective dates will be disqualified. Failure to respond to Sponsor’s initial notification within forty-eight (48) hours of such notification or Potential-Finalist’s non-compliance with these Official Rules will also result in disqualification and, at Sponsor’s discretion, an alternate Potential Finalist will be contacted.
Potential Finalists will be required to complete an Affidavit of Eligibility, Liability and Publicity Release (unless prohibited by law), Pilates Reference Information and any other documents required by Sponsor and/or prize supplier, which must be returned within forty-eight (48) hours of date appearing on notification. Return of any notification as undeliverable, failure to respond to Sponsor’s initial notification within the time period specified in such notification, failure to sign and return all requested documents within the specified time period(s), the inability of Sponsor to contact a Potential Finalist within a reasonable time period or noncompliance with these Official Rules by any Potential Finalist will result in disqualification.
The ten (10) Potential-Finalists receiving the highest number of votes and considered eligible by the Sponsor in its sole discretion, will be deemed “Finalists” and advance to the Final Voting Phase. In the event of a tie, a “Tie-Breaking Judge” selected from one of the Sponsors Distinguished Instructors will determine the Finalists based on the quality of the Entry. Sponsor reserves the right to advance fewer than ten (10) Finalists to the Final Voting Phase if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Potential-Finalists and more than ten (10) Finalists to the Final Voting Phase if, in its sole discretion, it received an excess of eligible and qualified Potential-Finalists.
Final Voting Phase.
All Finalist Entries shall be displayed on the Pilates Anytime website during the period from Monday August 29, 2011 at 12:01 a.m. PST to Sunday September 18, 2011 at 11:59 p.m. PST (the “Final Voting Phase”).
During the Final Voting Period, individuals will be invited to vote for a Finalist based on their desire to see the Finalist win the Grand Prize. Individuals will be limited to one (1) vote for each Finalist during the Final Voting Period. Individuals will be allowed to vote for more than one Finalist. If an individual votes for a single Finalist more than once the excess votes will be void. Individuals that voted during the Initial Voting Period will be required to vote again during the Final Voting Phase.
Finalists are prohibited from obtaining votes by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to members of the public, as determined by Sponsor in its sole discretion. Use of script, macro or any automated system to vote or with the intent to impair the integrity of the voting process is prohibited and all such votes will be void.
The Finalists who receives the highest number of valid votes, as determined by Sponsor, will be deemed the “Grand Prize Winner” subject to verification of eligibility and compliance with the terms of these Official Rules.
In the event of a tie, a “Tie-Breaking Judge” selected from one of the Sponsors Distinguished Instructors will determine the Grand Prize winner based on the quality of the Entry. Sponsor’s and Tie-Breaking Judges’ decisions are final and binding on all matters relating to this Competition.
The potential Grand Prize Winner will be notified on or about Monday September 19, 2011 by telephone and/or email and required to complete a Non-Disclosure Agreement and Release as well as any additional documents required by Sponsor and/or prize provider, which must be returned within two (2) days of date appearing on notification. Return of any notification as undeliverable, failure to sign and return all requested documents within the specified time period(s), the inability of Sponsor to contact a potential Grand Prize Winner within a reasonable time period or noncompliance with these Official Rules by the potential Grand Prize Winner will result in disqualification and, at Sponsor’s sole discretion, the prize may be awarded to a runner-up.
The Grand Prize Winner will receive The Next Pilates Anytime Instructor Grand Prize package consisting of:
(i) Round trip coach class air transportation from the major gateway airport nearest winner’s residence to Los Angeles International Airport (LAX) provided that cost of such air transportation is not more than fifteen hundred US dollars ($1,500). Arriving Monday October 31, 2011 or Tuesday November 1, 2011 and returning Sunday November 6, 2011.
(ii) Ground transportation from LAX to Santa Barbara.
(iii) One or two nights hotel accommodation in the Santa Barbara area.
(iv) Pilates Anytime video shoot at the Pilates Anytime Studio near Santa Barbara to create one or more Visiting Instructor classes for Pilates Anytime.
(v) Ground transportation from Santa Barbara to the Pilates Method Alliance Meeting in Palm Desert.
(vi) One pass to the Pilates Method Alliance Meeting.
(vii) Four nights hotel accommodation in Palm Desert.
(viii) Selected meals, but not all meals.
(ix) Pilates Style picture shoot for a four-page exercise spread.
(x) Ground transportation from Palm Desert to LAX.
ADDITIONAL GRAND PRIZE CONDITIONS.
Approximate Retail Value of Grand Prize package is five thousand US dollars ($5000). Actual value may vary based on point of departure. Any difference between stated value and actual value will not be awarded.
If the Grand Prize Winner resides within a 200-mile radius of Santa Barbara, California, USA, ground transportation will be provided in lieu of air transportation and no compensation or substitution will be provided in lieu thereof.
Trip must be taken on dates specified by Sponsor or prize will be forfeited and Sponsor will have no further obligation to such winner. Sponsor reserves right to change dates.
All travel arrangements must be made by Sponsor on a carrier of Sponsor’s choice. Travel will not be eligible for frequent flyer miles or other travel reward programs. Grand Prize Winner is responsible for obtaining all necessary travel documents. Certain travel restrictions may apply.
Sponsor and Pilates Style reserve the right not to use the video or photographs collected at the video shoot and the photo shoot.
All federal, state and local taxes and all other costs associated with prize acceptance and use not specified herein as being provided, including additional ground transportation and meals, luggage fees, souvenirs, and gratuities are the sole responsibility of the Grand Prize Winner.
Grand Prize Winner must agree to be interviewed by Sponsor or its representative (i) before, during and after the trip to California and (ii) up to one (1) year following the trip to California to explain how he/she benefited from winning the Competition and the trip will be photographed, filmed or otherwise recorded by Sponsor or its representative (collectively the “Materials”). The Materials will be owned by Sponsor and Sponsor and its designees will have the right to post, modify, edit, stream, distribute, perform, create derivatives works of and otherwise use the Materials and all elements embodied therein, including, without limitation, any names and likenesses, in any and all media now or hereafter devised (including, but not limited to, to create videos (for example a “Behind the Scenes” video), which may be posted on Sponsor’s website), worldwide in perpetuity, without additional compensation or notification to, or permission from, a winner or any third party.
All prize details are at Sponsor’s sole discretion. Grand Prize is awarded “as is” with no warranty or guarantee, either express or implied. Grand Prize Winner may not substitute, assign or transfer a prize or redeem prize for cash, but Sponsor reserves the right, at its sole discretion, to substitute prize (or portion thereof) with one of comparable or greater value.
USE OF ENTRIES.
By participating, each Entrant grants Sponsor an irrevocable, assignable, perpetual, worldwide, royalty free, fully paid-up license to exploit, edit, modify, create derivative works of, post, perform, distribute and otherwise use his/her Entry (including any photos or videos included as attachments or links to the Entry) and all elements of such Entry, including, without limitation, the names and likenesses of any persons or locations embodied therein, in any and all media, now known or hereafter devised (including, but not limited to, Sponsor’s websites), in any manner, without compensation or notification to, or permission from, entrant or any third party.
By participating, each Entrant agrees: (a) to abide by these Official Rules and decision of Sponsor, which shall be final and binding in all respects relating to this Competition; (b) to release, discharge, indemnify and hold harmless Sponsor and their respective parents, affiliates, subsidiaries, and advertising and promotion agencies, and the respective officers, directors, shareholders, employees, agents and representatives of the forgoing (collectively, “Released Parties”) from any and all injuries, liability, losses and damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from Entrant’s participation in the Competition or any Competition-related activity or the acceptance, possession, use or misuse of any awarded prize (including any travel/activity related thereto) or Released Parties’ use of any of the rights granted herein; and (c) to the use by Sponsor and its designees of his/her name, voice, performance, photograph/video, image and/or likeness for advertising, publicity and promotional purposes in any and all media, now or hereafter known, worldwide, and in perpetuity, without compensation (unless prohibited by law) or additional consents from entrant or any third party and without prior notice, approval or inspection, and to execute specific consent to such use if asked to do so. By participating, Entrant also agrees not to release any publicity or other materials on their own or through someone else regarding their participation in the Competition without the prior consent of the Sponsor, which it may withhold in its sole discretion.
Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered or garbled Entries, votes or Video Entries; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing or judging of Entries, the tabulation of votes, the announcement of the prizes, the incorrect uploading of the video or photo or in any Contest-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Released Parties are not responsible for injury or damage to any person's computer related to or resulting from participating in this Contest or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Contest or website, who act in an unsportsmanlike or disruptive manner or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated Entries will be void. Should any portion of the Contest be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of Entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Contest and, if terminated, at its discretion, select the potential winners from all eligible, non-suspect Entries received prior to action taken using the judging procedure outlined above. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
This Contest shall be governed by and interpreted under the laws of the State of California, U.S.A. without regard to its conflicts of laws provisions. Entrants hereby agree that any and all disputes, claims, causes of action, or controversies (the “Claims”) arising out of or in connection with this Competition or these Official Rules shall be resolved by the American Arbitration Association (“AAA”). In addition to AAA, Claims may be referred to any other arbitration organization that is mutually agreed upon in writing by Entrant and Sponsor, or to an arbitration organization or arbitrator(s) appointed pursuant to Section 5 of the Federal Arbitration Act, 9 U.S.C. Sections 1-16, provided that any such arbitration organization and arbitrator(s) will enforce the terms of the restrictions on arbitration provision set forth below.
IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM. FURTHER, NEITHER SPONSOR NOR ENTRANT WILL HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR OTHER PERSONS SIMILARLY SITUATED, OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT ENTRANT WOULD HAVE IF ENTRANT WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
The arbitrator’s authority to resolve Claims is limited to Claims between Sponsor and Entrant alone, and the arbitrator’s authority to make awards is limited to awards to Sponsor and Entrant alone. Furthermore, claims brought by either party against the other may not be joined or consolidated in arbitration with Claims brought by or against any third party, unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in these Official Rules and without waiving either party’s right to appeal such decision, should any portion of this provision be deemed invalid or unenforceable, then the entire provision (other than this sentence) shall not apply.
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