NATIONAL YOGA MONTH CHALLENGE Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. PRELIMINARY INFORMATION: By entry into the National Yoga Month Challenge (the “Challenge”) you accept and agree to be bound by these official rules (“Official Rules”). The Challenge is sponsored by Equinox Holdings, Inc., located at 31 Hudson Yards, New York, NY 10001 (“Equinox”). The Challenge is subject to all applicable federal, state, municipal, provincial, and local laws and regulations. Void in Quebec and where prohibited by law.
2. ELIGIBILITY: “Entrant” means each individual that is eligible to enter the Challenge by satisfying the following requirements. The Challenge is open only to legal residents of the fifty (50) United States and the District of Columbia, Canada (excluding Quebec) and England who are, as of the date of entry, at least eighteen (18) years of age (or nineteen (19) years of age for residents of British Columbia) and current members of Equinox. Equinox members who at any point during the Entry Period have a past due balance, have a frozen membership or are otherwise not in good standing or not permitted to enter any Equinox club location, as well as former members who had their membership terminated by Equinox or are otherwise not permitted to enter Equinox facilities, will not be eligible to enter or win. Employees, independent contractors, officers, and directors of Equinox and its affiliates and subsidiaries, and all such employees’ immediate family members (spouse/domestic partner, parents, children, siblings and their respective spouses) and/or those living in the same household of each (whether legally related or not), as well as former employees of Equinox who were terminated for cause, are not eligible to enter or win.
Entrants must have an activated online Equinox account, accessible through Equinox’s website and/or mobile app (an “Equinox Digital Account”) in order to enter and participate in the Challenge. Visit http://www.equinox.com for more information on how to activate your Equinox Digital Account. Entrants are responsible for their own Internet and cellular access. Data rates may apply. Entrants must also have a valid email address on-file with Equinox. Should multiple members be associated with the same Equinox membership account such as through a family membership and a dispute thereafter arises regarding the identity of the Entrant, the primary account holder of record with Equinox will be considered the Entrant.
3. HOW TO ENTER AND PARTICIPATE: The Challenge entry period (“Entry Period”) begins at 12:00:00 AM local time on September 1, 2022 and ends September 31, 2022 at 11:59:59 PM local time, where local time is based on the Equinox club located closest to the Entrant’s place of residence.
Eligible entrants can participate in the Challenge by booking and completing eight (8) or more in-person yoga classes at an Equinox club within their membership class (each, a “Class”). Only yoga classes booked and taken by an Entrant at an Equinox Fitness Club or Sports Club in Entrant’s membership classes during the Entry Period will apply towards the Challenge; on-demand or live classes taken within the EQUINOX+ app do not count as a Class. The date of each Class must occur within the Entry Period, but can be booked prior to the start of the Entry Period. Only one spot booked per Class will count towards the total Classes completed. Classes that are booked but where the Entrant does not check-in with Equinox will also not count towards the total Classes completed. Equinox’s standard rules for booking, waitlisting, cancelling and participating in group fitness classes apply. Participation is limited based on yoga class schedules and availability.
All Entrants who complete eight (8) or more Classes during the Entry Period (each a “Finisher”)will be eligible to receive one (1) complimentary Equinox guest pass, as further described in Section 4.Entrants who complete more than eight (8) Classes during the Entry Period will not receive additional guest passes or additional entries to the Challenge Sweepstakes (defined below).
Challenge Sweepstakes and ALTERNATE METHOD OF ENTRY: Each eligible Finisher will automatically receive one (1) entry into a sweepstakes drawing for a chance to win additional prizes (the “Challenge Sweepstakes”). Eligible Entrants may alternatively receive one (1) entry into the Challenge Sweepstakes by sending an 3”x5” index card containing their complete name, age, Equinox membership ID number, mailing address, phone number and e-mail address in an envelope with sufficient postage to: (1) for Entrants in the United States or District of Columbia, Equinox Holdings, Inc., 31 Hudson Yards, New York, NY 10001, Attn: Group Fitness, National Yoga Month Challenge Sweepstakes Entry; (2) for Entrants in Canada, Equinox Fitness, 199 Bay St., Toronto, ON M5J, Canada, Attn: Group Fitness, National Yoga Month Challenge Sweepstakes Entry; or (3) for Entrants in England, Equinox Fitness, 99 Kensington High St., Kensington, London W8 5SA, United Kingdom, Attn: Group Fitness, National Yoga Month Challenge Sweepstakes Entry Marketing Department. Requests for alternate entries must be postmarked by the last day of the Entry Period and received by Equinox within three (3) days thereafter. Alternate method of entry requests that do not meet the foregoing requirements and/or are postmarked before or after the Entry Period are void and disqualified.Equinox is not responsible for lost, late, misdirected, illegible, incomplete, damaged, stolen, postage due or mutilated mail. Eligible Entrants are limited to one (1) entry to the Challenge Sweepstakes, regardless of method of entry, and are only eligible to win one (1) Prize in the Challenge Sweepstakes.
When participating in the Challenge, all Entrants must continue to comply with the terms and conditions of their Membership Agreement with Equinox, including but not limited to any other waivers or documentation provided as part of the Equinox enrollment or member relations process, and all other standard rules, policies and procedures of Equinox and/or the Equinox club locations, including without limitation any COVID-19 health and safety policies and procedures applicable to the club hosting their Classes, such as proof of vaccination, masks or social distancing requirements or policies of Equinox (collectively, “Member Terms”). EQUINOX RESERVES THE RIGHT TO, IN ITS SOLE DISCRETION, DISQUALIFY ANY ENTRANT EQUINOX FINDS TO BE TAMPERING WITH THE ENTRY PROCESS OR THE OPERATION OF THE CHALLENGE, INCLUDING WITHOUT LIMITATION BY ATTEMPTING TO OBTAIN ADDITIONAL ENTRIES, WHETHER THROUGH USE OF ROBOTIC, AUTOMATIC, PROGRAMMED OR OTHER LIKE MEANS, OR ATTEMPTING TO FALSIFY OR ALTER CLASSES TAKEN, AND EQUINOX FURTHER RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. ANY ENTRIES THAT DO NOT COMPLY WITH THESE OFFICIAL RULES WILL BE VOID AND DISQUALIFIED.
EQUINOX ADVISES YOU TO CONSULT YOUR PHYSICIAN PRIOR TO BEGINNING OR INTENSIFYING ANY EXERCISE PROGRAM, AND TO SEE THEM ON A REGULAR BASIS. IF YOU EXPERIENCE ANY PAIN OR DIFFICULTY WITH ANY PART OF YOUR PARTICIPATION IN THE CHALLENGE OR ANY EQUINOX YOGA CLASS, STOP AND CONSULT YOUR PHYSICIAN RIGHT AWAY.
4. FINISHER PRIZES: All eligible Finishers are eligible to receive a prize in the form of one (1) Equinox guest pass (each, a “Prize Pass”). A Prize Pass will automatically be issued and added into each Entrant’s Equinox Digital Account approximately five (5) business days after the Entry Period ends, but may be added earlier or later in Equinox’s sole discretion. Prize Passes are subject to all standard policies and rules of Equinox, including with respect to scheduling and blackout dates and times, and all guests must complete and sign Equinox’s standard forms, waivers and other documentation, and otherwise agree to comply with Equinox’s rules, policies, procedures and safety standards, for each visit. Equinox reserves the right to, in its sole discretion, immediately terminate access to its facilities for any reason permitted by, and/or any failure to comply with, such rules, policies, procedures or standards. Prize Passes that are issued to a guest but not used by such guest will be deemed forfeited and will not be returned to the Finisher. Prize Passes are awarded “as is” with no warranty or guaranty, either express or implied, by Equinox. Prize Passes are non-transferable, non-descendible, have no cash value or equivalent, and may not be resold.
5. CHALLENGE SWEEPSTAKES DRAWINGS: In order to determine the twenty-five (25) potential winners of the Challenge Sweepstakes, Equinox will conduct a random drawing of all eligible entries received. The random drawing for the Challenge Sweepstakes will be conducted approximately five (5) business days after the Entry Period, but may be conducted earlier or later in Equinox’s sole discretion. Equinox’s decisions on all matters relating to drawings and winners are final and binding. Odds of winning depend on the total number of eligible entries received.
6. COMMUNICATION WITH POTENTIAL WINNERS OF THE CHALLENGE SWEEPSTAKES: Equinox will contact each potential winner of the Challenge Sweepstakes by sending an email to the Entrant, using the email address on-file with Equinox; however, Equinox reserves the right to communicate with potential winner using any of Entrant’s contact information on-file with Equinox. Notification will occur on/about two (2) business days after all drawings have ended completed for the Challenge Sweepstakes, but notification may be expedited or delayed in Equinox’s sole discretion. Potential winners must reply to email and provide any additional information within forty-eight (48) hours.If a potential winner’s response is not received within forty-eight (48) hours after the initial email was sent, or if the email is returned as undeliverable, Equinox may, in its sole discretion, disqualify the potential winner without further notice and either forfeit the Prize or select an alternate potential winner by conducting another random drawing in accordance with Section 5 above. As a condition of winning, Equinox may also require potential winners of the Challenge Sweepstakes to sign an Affidavit of Eligibility and/or Prize Acceptance Form (collectively “Winner Documents”). Winner Documents must be completed and returned to Equinox within five (5) days of attempted delivery of the same to the potential winner. If a potential winner of the Challenge Sweepstakes does not complete and return the Winner Documents within such period, or Equinox’s initial delivery of the same is returned as undeliverable or the potential winner is otherwise deemed ineligible, not in compliance with these Official Rules or declines to accept the Prize,Equinox may, in its sole discretion, disqualify the potential winner without further notice and either forfeit the Prize or select an alternate potential winner via a random drawing in accordance with Section 5 above. All results are unofficial until Equinox’s acceptance of each potential winner’s claim of the Prize and completion of required Winner Documents (once accepted, each a “Winner”). Entrants, including Finishers, that do not win a Challenge Sweepstakes Prize will not be notified. Equinox is not responsible for any change of email address, mailing address and/or telephone number of Entrants. Once verified, Winners may claim Prizes in accordance with Equinox’s instructions (which may include, at Equinox’s discretion, shipping Prizes to each Winner).
CHALLENGE SWEEPSTAKES PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”): For the Challenge Sweepstakes, a total of twenty-five (25) prizes (each a “Prize”) will be available to be awarded to the twenty-five (25) Winners, with each Prize consisting of the following components:
• one (1) Beyond Yoga clothing set, consisting of one top and one bottom (ARV: $163 USD / $163 CAD / £137 for women; $156 USD / $156 CAD / £132 for men); and
• one (1) Après Beauty Cool + Glow Facial Towelette pack (ARV: $12 USD / $12 CAD / £10)
The total ARV for each Prize available to be awarded is $175 USD / $175CAD / £148 for women, and $168 USD / $168 CAD / £142 for men. The total ARV for all Prizes available to be awarded across the Challenge Sweepstakes is $4,375USD / $4,375CAD / £3,697 for women, and $4,200 USD / $4,200 CAD / £3,549 for men. ARVs are determined as of the date of the start of the Entry Period. The difference in value of a Prize as stated herein and value at time of prize notification, if any, will not be awarded.
For each Prize, Equinox will use reasonable efforts to honor Winner size preferences, provided that particular sizes are subject to availability and Equinox does not guaranty (either express or implied) the same. Prizes will be awarded “as is” with no warranty or guaranty, either express or implied, by Equinox. All Prizes are non-transferable, non-descendible, and have no cash value or equivalent. All federal, state, provincial and/or local taxes and other costs or assessments resulting from the acceptance of any Prize, regardless of whether it, in whole or in part, is used, are the sole responsibility of the applicable Winner and Winners may be subject to withholding tax. Winners who are US residents may be required to provide Equinox with a valid social security number or tax identification number for tax reporting purposes before the Prize will be awarded, and will be issued an IRS 1099 form for the Prize value. Each Prize consists of only the item specifically listed as part of the Prize. In no event will Equinox be obligated to award more than the stated number of Prizes Challenge-wide. Equinox reserves the right to substitute any Prize or Prize element with a different item of equivalent or greater value. Unclaimed Prizes will not be awarded. Prizes may not be awarded if, among other things, a potential winner does not meet the Challenge eligibility requirements or a Prize is not properly claimed.
8. PRIVACY POLICY: By participating in the Challenge, each Entrant agrees to be bound by Equinox’s Privacy Policy, available at http://www.equinox.com/privacy. By accepting a Prize in connection with the Challenge Sweepstakes, each Winner acknowledges and agrees that their first name and last name, likeness (including any photos or videos taken at or during their Entry Classes), as well as their home club, city and state/providence of residence may also be posted on the Equinox website, within the EQUINOX+ mobile app, Equinox social media accounts and/or signage, digital or otherwise, in Equinox clubs and/or otherwise included in a publicly-available winner’s list.
9. GENERAL RULES: By participating in the Challenge, Entrant accepts and agrees to these Official Rules and the decisions of Equinox and its representatives, which shall be final and binding in all matters, and Entrant represents to Equinox that he/she is eligible to participate in the Challenge and that all information he/she provides is and will be accurate. Proof of submission is not proof of receipt of Entry. To the extent permitted by applicable law, acceptance of these Official Rules also constitutes Entrant’s permission to Equinox to, and Equinox reserves the right (but not the obligation) to use Entrant’s name and likeness in any and all media throughout the world in perpetuity, without further notice or compensation to, or approval from, the Entrant, including without limitation on Equinox’s social media accounts, websites, mobile apps, signage and other advertising and marketing materials, for those purposes determined reasonably appropriate in Equinox’s sole discretion, including without limitation the promotion, advertisement, sale, marketing and exploitation of the Challenge, Equinox and/or its products and services, in each case without further notice or compensation to, or approval from, Entrant.
The Released Parties (as defined below) are not responsible for (1) incomplete, lost, late, damaged, illegible or misdirected Entries, Prizes/Prize notifications or other communications to or from Entrants (including as a result of any e-mail filtering by an Entrant’s ISP or e-mail provider or insufficient space in Entrant’s email account or errors or losses of any postal or delivery service); (2) technical problems (including without limitation malfunctions of any equipment, telephone lines, computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmissions or any combination thereof); (3) fraud, cheating or other tampering with the Challenge or its entry process; (4) typographical or other error in the printing or display of the Challenge, including these Official Rules or Prize descriptions, administration of the Challenge, or announcement of the Prizes or the Winners; or (5) any factor beyond Equinox’s reasonable control that may impair the integrity, security, fairness, or proper functioning or administration of the Challenge. As a result of any of the foregoing errors, failures or factors or for any other reason (including without limitation an unanticipated occurrence not fully addressed in these Official Rules), Equinox reserves the right to, in its sole discretion, cancel, modify, terminate or suspend the Challenge, or any part thereof including part of the Entry Period and/or Official Rules, in a manner deemed reasonable by Equinox. Notice of any cancellation, modification, suspension or termination will be posted on the Equinox+ mobile application. In the event of any cancellation, modification, suspension, or termination Equinox reserves the right (but not the obligation) to select potential winners via a random drawing in accordance with Section 5 from the eligible, non-suspect Entries received prior to the time of the event warranting such cancellation, modification, suspension or termination. Equinox is not responsible for any damage to any Entrant’s computer system/software related to or resulting from participating in the Challenge. EQUINOX RESERVES THE RIGHT TO, IN ITS SOLE DISCRETION, DISQUALIFY ANY ENTRANT THAT EQUINOX FINDS TO BE TAMPERING WITH THE ENTRY PROCESS OR THE OPERATIONS OF THE CHALLENGE, THE EQUINOX WEBSITE, OR EQUINOX+ MOBILE APPLICATION, INCLUDING WITHOUT LIMITATION BY ATTEMPTING TO OBTAIN ADDITIONAL ENTRIES, WHETHER THROUGH USE OF ENTERING WITH MULTIPLE ACCOUNTS, ROBOTIC, AUTOMATIC, PROGRAMMED OR OTHER LIKE MEANS OR DEVICES, OR OTHERWISE UNDERMINING THE LEGITIMATE OPERATION OF THE CHALLENGE, AND EQUINOX FURTHER RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
By entering the Challenge, each Entrant agrees (and agrees to confirm in writing)on behalf of himself/herself and his/her heirs and assigns, to the fullest extent permitted by law, to: (1) forever waive, release, discharge and hold harmless Equinox, its affiliates and subsidiaries, and each of their respective officers, directors, employees and independent contractors (“Released Parties”) from and against any and all liabilities, losses, damages, suits, demands, causes of action (including without limitation negligence) or other claims of any nature whatsoever, including without limitation any damages caused by or claimed to be caused by property damage, personal injury, physical harm, illness, death, or litigation arising out of or relating in any way to the Challenge, participation in the Challenge, and/or acceptance, possession, use or misuse of any Prize (including without limitation any travel related thereto); and (2) indemnify the Released Parties from and against any and all liability arising out of the Challenge. Each Entrant hereby acknowledges that, to the fullest extent permitted by law, the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to any Prize, including express warranties provided exclusively by prize suppliers that may be sent along with a Prize. Entrants assume all liability for any injury or damage caused, or claimed to be caused, by the Challenge, participation in the Challenge and/or acceptance, possession, use or misuse of any Prize. Claims may not be resolved through any form of class action and shall be resolved individually. Entrant further agrees (x) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (y) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs; (z) Entrant's remedies are limited to a claim for money damages (if any) and Entrant irrevocably waives any right to seek injunctive or equitable relief. Some jurisdictions do not allow the limitations or exclusion of liability, so the above may not apply to every Entrant, and without limitation to any other jurisdictions, for Entrants who are residents of England, Equinox does not exclude or limit its liability for Equinox’s fraud or death or personal injury resulting from Equinox’s negligence. Except for Entrants who are residents of England, the Challenge, these Official Rules, and any claims or disputes arising out of or relating in any way to the foregoing, will be governed by and construed in accordance with the laws of the State of New York, without reference to its conflicts of laws principles, and by entering the Challenge each such entrant expressly agrees to submit to the exclusive jurisdiction and venue of the competent federal, state and local courts located in New York County, New York. For Entrants who are residents of England only, the Challenge, these Official Rules, and any claims or disputes arising out of or relating in any way to the foregoing, will be governed by and construed in accordance with the laws of England, without reference to its conflicts of law principles, and by entering the Challenge each such Entrant expressly agrees to submit to the exclusive jurisdiction and venue of the courts of competent jurisdiction located in London, England. If any portion of these Official Rules is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, (a) such portion shall be modified to the least extent necessary to render it valid and consistent with applicable law, (b) such invalidity shall not affect the enforceability of any other portion of these Official Rules, and (c) the remainder of these Official Rules shall continue in full force and effect. In the event of a discrepancy or inconsistency between disclosures or other statements contained in any Challenge materials (including any FAQs or participation instructions) and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control. The Challenge and all related Challenge materials, websites, pages, contents and code are copyright © 2022 Equinox Holdings, Inc. Equinox’s name, designs, logos and slogans are trademarks or service marks and exclusive property of Equinox. Copying or unauthorized use of any copyrighted material or trademarks without the express written consent of Equinox is strictly prohibited.
10. WINNERS LIST: To receive the names of the Winners, send an email to anne.slattery@equinox.com with the subject line “2022 National Yoga Month Challenger Winners List.” Requests must be received by 11:59:59 PM Eastern Time on November 30, 2022. Winners list will not be sent until all Winners have been verified. Winners lists are limited to the Challenge Sweepstakes Winners, and information regarding individuals who received Prize Passes will not be provided.