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Summer in the Gym + Win Powered by Garmin Terms and conditions

OFFICIAL SWEEPSTAKES RULES

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER THE SWEEPSTAKES. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. BY PARTICIPATING IN THIS PROMOTION, YOU AGREE TO BE BOUND BY THESE OFFICIAL RULES AND REPRESENT THAT YOU SATISFY ALL OF THE ELIGIBILITY REQUIREMENTS SET FORTH HEREIN. ALL US FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.  

  1. Summer In The Gym + Win Contest (“Sweepstakes”). 
  1. New TSI Holdings Inc. is the sole sponsor of the Sweepstakes.
  1. As a condition of participating in the Sweepstakes, you agree to be fully and unconditionally bound by the Rules, the decisions of the 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.
  1. SWEEPSTAKES PERIOD. The Sweepstakes begins on August 1, 2023 at 12:01 am Eastern Time and ends on August 31, 2023 at 11:59 pm Eastern Time (known as the “Sweepstakes Period”). One winner will be drawn from the Sweepstakes Period and will receive the prize described below. Eastern Time shall control for all purposes of the Sweepstakes. Sponsor’s computer shall be the official clock for all purposes of the Sweepstakes.
  1. 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 at the time of entry and a member of a health club operated by Sponsor (“Entrant”). Employees of Sponsor and its affiliated companies, its advertising and promotion agencies, and the directors, officers, employees and agents of each of them and their immediate families and/or household residents are not eligible to enter. By participating, Entrant agrees to abide by these Official Rules and the decisions of Sponsor, which are final and binding in all respects. The Sweepstakes is void outside of the United States and where prohibited. All entries must be received by 11:59 PM EDT on the last day of the Sweepstakes Period. Incomplete entries are void. By entering, Entrants acknowledge compliance with these Official Rules, including all eligibility requirements. All entries become the property of Sponsor and will not be returned or acknowledged. Entrants waive all rights and remedies at law or in equity for any claim they may have relating to this promotion. Sponsor will determine eligibility.   
  1. HOW TO ENTER.  ONLINE: To enter, Entrants must register with Sponsor by providing their name and email address which matches their membership account with Sponsor. Winners will be selected based upon the following criteria: (a) 21 challenge winners; (b) 7 random winners. Each winner will win a Grand Prize of a Garmin Vivosmart 5. Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, access providers, computer equipment, software, failure of any email or entry to be received by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site, or any combination thereof including any injury or damage to an Entrant’s or any other person’s computer related to or resulting from playing or downloading any materials in this promotion. Sponsor reserves the right, in its sole discretion, to cancel or suspend the Sweepstakes should a virus, bug or other cause beyond the reasonable control of Sponsor corrupt the security or proper administration of the Sweepstakes. Any attempt to deliberately damage any website or undermine the legitimate operation of this promotion is a violation of criminal and civil laws, and should such an attempt be made, Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution.
  1. CONDITIONS OF ENTRY. Entrants may only enter once during the Sweepstakes Period.  Any attempt by any Entrant to obtain more than one (1) entry above and beyond those already permitted via adhering to rules regulations of this Sweepstakes – i.e., by registering for the Sweepstakes using multiple/different accounts, identities or other methods except as permitted herein will void the 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. 
  1. SELECTION OF WINNERS.

Challenge Winners. Sponsor will select the 21 challenge winners. One winner for each challenge category will be selected from each of the following regions: (1) clubs located in Westchester and Rockland counties, New York; (2) clubs located in Florida; (3) clubs located in the District of Columbia and Philadelphia, Pennsylvania; (4) clubs located in Boston, Massachusetts; (5) clubs located in New York County, New York and Hoboken, New Jersey; (6) clubs located in Nassau County, Suffolk County and Queens County, New York; and (7) all Lucille Roberts locations. Challenge winners will be selected based upon the following criteria:    

  1. Most check-ins – The member who checks in most to any of Sponsor’s locations during the challenge period (August 1 – 31). In the event of a tie in any region, the winner will be chosen at random from the members who are tied for first place.
  2. Most Calories Burned – The member who burns the most calories according to a wearable device synced to the NYSC App. To be considered for this prize, members must connect a wearable device to the NYSC App. The NYSC App is compatible with Apple Watch, Garmin, Withings, and FitBit. The be considered for this prize, members must submit their total calories burned during the Challenge period. Sponsor will verify the data via the Trainerize App. In the event of a tie in any region, the member with the most calories burned and most check-ins will be the winner.
  3. Most Steps Taken - The member who takes the most steps according to a wearable device synced to the NYSC App. To be considered for this prize, members must connect a wearable device to the NYSC App. The NYSC App is compatible with Apple Watch, Garmin, Withings, and FitBit. Sponsor will verify the data via the Trainerize App. In the event of a tie in any region, the member with the most steps taken and most check-ins will be the winner.
  4. A member may only be selected a winner of one category.

Random Winners. Sponsor will select at random seven (7) entrants at the end of the Sweepstakes Period as random winners via an electronic random name selector.

 

For both Challenge and Random winners, the winners will be selected on or before September 8, 2023. Winners will be notified via email within 1 business day of the selection. If a winner does not respond within 1 business day of this notification to claim their prize, or if any winner does not meet the eligibility criteria, such winner will be disqualified and a new winner will be chosen. If, in Sponsor’s opinion, there is any suspected or actual evidence that the integrity of the Sweepstakes has been compromised, Sponsor reserves the right to terminate the Sweepstakes and to award the prizes using all eligible entries received as of the termination date. Should the Sweepstakes be terminated prior to the stated expiration date, notice will be posted on Sponsor’s website. Sponsor’s decisions concerning selection of winners, as well as all other matters relating to any Sweepstakes, are final and binding.

 

  1. PRIZES AND ODDS OF WINNING.Subject to verification of eligibility and compliance with these Official Rules, 21 challenge and 7 random Grand Prize winners will be selected. The total approximate value of the Grand Prize awarded during the Sweepstakes Period is approximately $149.00. Dollar amounts are expressed in U.S. currency. The winner is 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 all 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 winner or potential winner who is unable to accept or utilize the prizes as described herein. In the case of winner’s forfeiture of prizes, Sponsor may elect another winner according to these Rules. Odds of winning a sweepstakes will depend on the number of eligible entries received for the applicable sweepstakes. Prizes are non-transferable, and no prize substitutions or cash redemptions are allowed. All prizes will be awarded according to these rules and distributed no later than three weeks from the end of the Sweepstakes Period.  

Each Grand Prize Winner will receive the following prize: Garmin Vivosmart 5

 

THE PRIZES ARE AWARDED AS IS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR 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 PERMITTED BY LAW.

  1. 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.
  2. 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. 
  3. INDEMNIFICATION; RELEASE: By entering the Sweepstakes, you agree to indemnify, defend, and hold harmless Sponsor, and its respective 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 Eastern District of New York or the Supreme Court of the State of New York, Suffolk 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.
  4. 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 winner. Sponsor   reserves   the   right   to   substitute   a   prize   of   equal or greater   value.   No substitution or transfer of prize by the winner 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 winner 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.
  5. 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.
  6. WINNER’S NAME: For the winner names and/or a copy of these Rules, send a hand printed, self-addressed, stamped envelope to (except where prohibited by law): Summer In The Gym + Win Sweepstakes, 100 Duffy Avenue, Suite 510, Hicksville, New York 11801-3636. Vermont residents may omit postage. Requests received after September 30, 2023 will not be honored.