TOWN SPORTS INTERNATIONAL X PROFESSIONAL FIGHTERS LEAGUE SWEEPSTAKES OFFICIAL RULES!
Win a pair of tickets to the 2019 World Championship!
Hulu Theater at Madison Square Garden
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN.
THE PURCHASE OF ANY GOOD O RSERVICE WILL NOT INCREASE YOUR CHANCES OF WILLING. THE TOWN SPORTS INTERNATIONAL SWEEPSTAKES (“SWEEPSTAKES”) IS VOID OUTSIDE OF THE UNITED STATES AND WHEREVER PROHIBITED BY APPLICABLE LAW. THESE OFFICIAL RULES (“RULES”) ARE A LEGALLY BINDING AGREMEENT BY AND BETWEEN YOU AND THE SPONSOR (AS DEFINED BELOW) AND GOVERN YOUR ENTRY IN THE SWEEPSTAKES.
1. SWEEPSTAKES: Town Sports International, LLC PFL Sweepstakes (“Sweepstakes”).
2. SPONSOR: Town Sports International, LLC, 339 Executive Boulevard, Elmsford, New York 10598 (“Sponsor”).
3. Acknowledgement: As a condition of participating in the giveaway, you agree to be fully and unconditionally bound by the Rules the decisions of Sponsor, whose decisions shall be final and binding in all respects, and to waive any right to claim ambiguity in the Sweepstakes or the Rules.
4. SWEEPSTAKES PERIOD: The Sweepstakes begins at 2:00:00 p.m. Eastern Time (“ET”) on December 30, 2019 and ends at 11:59 p.m. ET on December _30_, 2019 (the “Sweepstakes Period”). Eastern Time shall control for all purposes of the Sweepstakes. Sponsor’s computer shall be the official clock for all purposes of the Sweepstakes.
5.Facebook® Disclaimer: As condition of participating in the Sweepstakes, you agree and acknowledge that Facebook®. and its owners, directors, officers, employees, contractors, agents, representatives, parents, subsidiaries, attorneys, insurers, and associated corporations and entities, including but not limited to Instagram (collectively, the Facebook Group”) are not sponsors of the Sweepstakes nor do they endorse or administer the Sweepstakes, nor are they in any way associated with the Sweepstakes. All questions regarding the Sweepstakes must be directed to Sponsor, not Facebook. You also agree that as a condition of participating in the Sweepstakes, you shall release the FacebookGroup from any and all liability arising out of or relating to your entry, creation of an entry, submission of an entry, participation in the Sweepstakes, acceptance, use, or misuse of any prize, or the broadcast, exploitation, or use of an entry.
7. Eligibility: The Sweepstakes is open only to individual legal residents of the United States of America (excluding Rhode Island) and the District of Columbia who are 18 years of age or older as of 12:05:00 pm ET on December 30, 2019, satisfy all other requirements contained herein, and at all times abide by these Rules. Employees of Sponsor and each of its respective affiliates, officers, directors, employees, agents, advertising, public relations and promotion agencies, and members of each of their immediate families (i.e., spouses, parents, children and siblings, and their respective spouses) or persons with whom such employees are domiciled are not eligible to participate or win the Sweepstakes. The Sweepstakes is subject to all applicable federal, state and local laws and regulations. Void where prohibited or restricted by law or regulations.
8. How to Enter: In order to participate, you must be a registered user of and follow @NYSC on Instagram.com. To become a registered user visit Instagram.com and complete the onscreen instructions to sign up for an account.
During the Entry Period, Sponsor will share Sweepstakes posts on Instagram asking followers to (1) follow @NYSC on Instagram ;(2) Follow the Professional Fighters League on each channel on Instagram @pflmma; (3) Tag one or more persons on the Sweepstakes post on both Instagram and Twitter.
To enter, you must follow both accounts on Twitter and Instagram. An entry received outside of the Entry Period will be deemed ineligible.
Limit One (1) entry per person per Entry Period, regardless of the method of entry. Any attempt by any entrant to obtain more than the one (1) entry above and beyond those already permitted via adhering to rules & regulations of the Sweepstakes – i.e. by registering for the Sweepstakes using multiple/different accounts, identities, or any other methods except as permitted herein will void that entrant's entries and that entrant may be disqualified and any prize(s) he/she might have been entitled to will not be awarded to him/her. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any registration, the authorized account holder of the account used to register will be deemed to be the entrant. Sponsor shall not be liable for any problems that occur during the entry process, including without limitation, late, incomplete, delayed, undelivered, or misdirected entries, and shall not have any obligation to advise an entrant of an incomplete, invalid, or undeliverable submission. No illegible, incomplete, forged, or altered entries will be accepted. Proof of retweeting the Sweepstakes Tweet does not constitute proof of receipt or entry into the giveaway. All entries become the exclusive property of Sponsor and will not be acknowledged or returned.
9. Winners Notification: On or about December 31__, 2019, one (1) potential winners will be randomly selected by Sponsor from among all eligible entries received during the Sweepstakes Period. The potential winners(s) will be notified by Sponsor as soon as practicable following the end of the Sweepstakes Period. Sponsor will notify the potential winners(s) by sending a “direct message” to the potential winners(s) registered Instagram.com account. If potential winners cannot be contacted or does not respond within 24 hours, or if the selected winners cannot accept or receive the prize for any reason, or if he/she is not in compliance with these Rules, the prize will be forfeited and, at Sponsor’s sole discretion, an alternate winners will be selected from the corresponding non-winners entries. Sponsor’s decisions are final on all matters relating to this Sweepstakes. Odds of winning depend on the number of eligible entries received by Sponsor during the Sweepstakes Period. The winners will be required to sign and return an Affidavit and Release Form within two (2) days of notification or the prize will be forfeited and awarded to an alternate winners.
10. Prize: Subject to verification of eligibility and compliance with these Official Rules, the winners of the Sweepstakes will receive two 2 tickets for each. Total value of prize is $300.00. The winners are responsible for the reporting and payment of all applicable federal, state and local taxes (including income taxes) associated with his/her prize and will and hereby does hold Sponsor harmless from liability for failure to timely report and/or pay such taxes. An IRS form 1099 will be issued. Sponsor shall have no responsibility or obligation to the winners or potential winners who’s unable to accept or utilize the prizes as described herein. In the case of winners’ forfeiture of prizes, sponsor may elect another winners according to these Rules.
11. Incidental Expenses: All other expenses and incidental travel costs not expressly stated in the Rules, including but not limited to, hotel costs, travel costs, meals, incidentals, passenger tariffs or duties, airline fees, surcharges, airport fees, luggage fees, service charges or facility charges, personal charges, damage to hotel room, security fees, gratuities, taxes or other expenses, including any transportation not mentioned within such prize description, including without limitation, transportation to and from airports and flights, are the sole responsibility of the Sweepstakes winners and their companion.
12. Conduct: The winners and his/her companion must follow all instructions of Sponsor or its designees relative to the Prize and any element thereof. In the event the Sweepstakes winners or his/her companion engages in behavior that, as determined by Sponsor in its sole discretion, is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the Prize or other applicable experience early, in whole or in part, and the winners and his/her companion will not be entitled to any further compensation. In such event, the winners may also be required to reimburse the Sponsor for the value of the Prize.
THE PRIZE IS AWARDED AS IS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSOR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS MAY NOT ALLOW (OR MAY LIMIT) DISCLAIMERS OF CERTAIN WARRANTIES, IN WHICH CASE THE FOREGOING DISCLAIMERS WILL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTEDBY LAW.
13. PERSONAL DATA: The Winners will be required to submit personal data such as your email address (“Personal Data”) to Sponsor. All Personal Data will be held, used and processed by Sponsor in accordance with Sponsor’s Privacy Policy as it is amended from time to time.
14. WARRANTIES AND CONSENTS: By completing and submitting an entry you: (a) represent and warrant that (i) you have read, and agree to be bound by these Rules, (ii) based on the Rules, you are eligible to participate in the Sweepstakes, and (iii) all of the information provided as part of your entry is accurate, does not violate any third party’s legal rights (including without limitation rights of privacy and publicity), and otherwise does not violate applicable law; (b) consent to the use of your name and/or likeness by Sponsor for promotional purposes (whether online, in print or through any other media now known or hereafter developed), without additional compensation or authorization unless prohibited by law; and (c) agree to be bound by the interpretations of these Rules by Sponsor, which are final in all matters relating to the Sweepstakes.
15. INDEMNIFICATION; RELEASE: By entering the Sweepstakes, you agree to indemnify, defend, and hold harmless Sponsor, its PARENTS, SUBSIDIARIES AND AFFILIATES AND RELATED PARTIES, AND THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF EACH (collectively, the “Sponsor Entities”) from and against any and all liability, damages, claim or cause of action (however named or described), including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes and/or receipt or use or misuse of the prize awarded in the Sweepstakes. You release all rights to bring any claim, action or proceeding against Sponsor or any of the Sponsor Entities, further covenant not to sue Sponsor or any of the Sponsor Entities and hereby acknowledge that neither Sponsor nor any Sponsor Entity has made or is in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Sweepstakes or the prize. Neither Sponsor nor the Sponsor Entities are responsible for: (1) any incorrect or inaccurate information, whether caused by you as an entrant, 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) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from your participation in the Sweepstakes or receipt or use or misuse of any prize. If for any reason your entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, your sole remedy is another entry in the Sweepstakes at the discretion of Sponsor. If it is not possible to award another entry due to discontinuance of the Sweepstakes, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. Except where prohibited you agree 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 the United States District Court for the Southern District of New York or the Supreme Court of the State of New York, Westchester County; (2) any and all claims, judgments and awards shall be limited to actual out of pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (3) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out of pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction validity, interpretation and enforceability of these Rules, or your rights and obligations or Sponsor’s rights and obligations in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York, U.S.A. without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
16. CONSENT TO RECEIVE TEXT MESSAGES: You consent to receive text messages regarding offers, discounts and/or any marketing, products, services and/or promotions from or on behalf of Sponsor and its affiliates at the telephone number provided to Sponsor, if any, including text messages and/or telephone calls transmitted via an automatic telephone dialing system or predictive dial, artificial or prerecorded voice or other automated technology even if you are on a national or state "Do Not Call" list. You understand and agree that your consent is not a condition of purchasing any good or service from Sponsor or its affiliate companies.
17. GENERAL CONDITIONS: Sponsor 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. Sponsor 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 Sweepstakes or to be acting in violation of these Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Rules shall not constitute a
waiver of that provision. All federal, state and local laws and regulations apply. All federal, state and local taxes, insurance, licensing, registration, and title fees are the sole responsibility of winners. Sponsor reserves the right to substitute a prize of equal or greater value. No substitution or transfer of prize by the winners is permitted. Sponsor is not responsible for any damage to your computer system/software related to or resulting from participation or downloading any materials in this Sweepstakes. A potential winners may be required to provide Sponsor with proof that he/she is the authorized account holder of the e mail address associated with the winning entry. If, for any reason, the Sweepstakes cannot be conducted as planned by reason of infection by computer virus, unauthorized intervention, technical failures, or any other causes beyond the control of Sponsor which, in the sole opinion of Sponsor, corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend the Sweepstakes. Sponsor reserves the right to modify the Sweepstakes or disqualify you if fraud, misconduct or technical failures destroy the integrity of the Sweepstakes as determined by Sponsor, in its sole discretion. Proof of submitting entries will not be deemed to be proof of receipt by Sponsor. Any use of robotic, automatic, programmed or the like methods of participation will void all such submissions by such methods. In the event Sponsor is prevented from continuing with the Sweepstakes or the integrity and/or feasibility of the Sweepstakes is severely undermined by any event beyond Sponsor's control, including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor's control (each a "Force Majeure" event or occurrence), Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel or terminate the Sweepstakes without any further obligation. If Sponsor, in its discretion, elects to abbreviate the Sweepstakes as a result of a Force Majeure event, Sponsor reserves the right, but not the obligation, to award the prize from among all valid and eligible entries received up to the time of such Force Majeure event, in a random drawing. In no event will more prizes be awarded than stated in these Rules.
18. WINNERS’ NAME: For the winners names and/or a copy of these Rules, send a hand printed, self-addressed, stamped envelope to Town Sports International LLC (except where prohibited by law), Attn: Marketing Department, “X Professional Fighters League” Sweepstakes Winners, 1040 6th Avenue, New York, New York 10018. Vermont residents may omit postage. Requests received after April 2020 will not be honored.