Entrants can use only one Instagram account to enter each Challenge. Limit 5 Entries per
person per Weekly First Prize Challenge (Total Limit: 40 total Entries per person per
entire Contest). If more than 5 Entries are received per person per Weekly Challenge,
only the first 5 Entries received will be eligible to enter and win.
All qualifying Entries for the Truth Weekly Prize Challenges, including entries that win a
First Prize, are eligible for the Truth Grand Prize, and all qualifying Entries for the EMMDI
Weekly Prize Challenge, including entries that win a First Prize, are eligible for the EMMDI
Grand Prize. No new challenges will be released for the Grand Prizes. Entries that are
removed, hidden or deleted from public viewing prior to date of winner verification will be
void and disqualified.
Should multiple users of the same Instagram/e-mail account enter the Contest and a
dispute thereafter arise regarding the identity of the Entrant, the authorized account holder
of said Instagram/e-mail account at the time of entry will be considered the Entrant.
“Authorized account holder” is defined as the natural person who is assigned an e-mail
address (that is associated with the Instagram account) by an Internet access provider,
on-line service provider or other organization which is responsible for assigning e-mail
addresses or the domain associated with the submitted e-mail address.
4. ENTRY RULES:
rules for eligible Entries (“Entry Rules”), as well as all other Official Rules. Determination
of compliance with Entry Rules and all other Official Rules will be in the sole discretion of
Equinox and the judges, whose decisions are final.
Entries must be the Entrant’s original work and may not have won a previous prize or award. Modifying, enhancing or altering a third party’s preexisting work does not qualify as an original work. If someone other than the Entrant took the photo or video, the Entrant must receive prior written permission from the photographer/videographer to enter the photo or video in this Contest. Entrant must make written copies of such permissions available to Equinox upon request.
Entries must be the Entrant’s original work and may not have won a previous prize or
award. Modifying, enhancing or altering a third party’s preexisting work does not
qualify as an original work. If someone other than the Entrant took the photo or video,
the Entrant must receive prior written permission from the photographer/videographer
to enter the photo or video in this Contest. Entrant must make written copies of such
permissions available to Equinox upon request.
Entries may not violate any laws, regulations or ordinances, whether federal, state, municipal or local, or depict, promote or contain content that violates any such laws.
Entries must be suitable for presentation in a public forum. Entries may not contain, depict or promote any defamatory, libelous, offensive, profane or otherwise inappropriate statements or content, including words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation, or socioeconomic group.
Entries must not contain, depict or promote any indecent or lewd behavior or content, including nudity, pornography or other obscene or sexually explicit content, or any inappropriate clothing or adornments.
Entries may not contain, depict or promote threats to any person, place, business, or group or any damage to or theft of physical or personal property.
Entries may not violate the intellectual property or other rights of any third person or entry. Entries may not contain identifiable branding of, or constitute advertising for, Entrant or any product or service of Entrant or any third party. Entries may include incidental use of Equinox’s logos, brands and slogans so long as the incidental use, or the Entry as a whole, do not disparage or negatively reflect upon Equinox.
Entries may not disparage or refer, depict or in any way reflect negatively upon Equinox or its affiliates and employees, the Contest or any other person or entity.
Entries may not contain or depict the names, likenesses, voices or other indicia identifying celebrities and/or other public figures, whether living or dead.
Entries may not impersonate or falsely state or otherwise misrepresent your professional or other affiliation with Equinox or with any other person or entity.
If the entry contains any identifiable person(s) other than the Entrant, by entering this Contest, Entrant attests that he/she has received written permission from other person(s) depicted in the Entry for Equinox to use their likenesses for publicity including, but not limited to posting on website(s). Entries may not contain any identifiable minors. As a condition of winning, Entrant s must make written copies of such permissions available to Equinox upon request. In addition, Equinox may require any persons depicted to sign a publicity release as a condition of the Entrant winning a prize.
Entries may not include any personally identifiable information (including last name, address, email, telephone number, school, place of work, etc.) of Entrant or any other person(s), whether they appear in the Entry or not (exception: names that appear in an Entrant’s standard Instagram username), or otherwise invade the privacy rights of any person or entity.
Entries may not contain any information that references other websites, addresses, email addresses, contact information or phone numbers.
Entries must be in English; common foreign words/phrases are acceptable.
BY ENTERING THIS CONTEST, ENTRANT CERTIFIES THAT THE ENTRY IS HIS/HER OWN ORIGINAL WORK, HE/SHE HOLDS ALL RIGHTS TO THE ENTRY, THE ENTRY HAS NOT WON A PREVIOUS PRIZE OR AWARD AND THAT HE/SHE HAS FOLLOWED AND COMPLIED WITH THESE ENTRY RULES AND ALL OTHER OFFICIAL RULES. ANY ENTRIES THAT DO NOT COMPLY WITH THESE ENTRY RULES AND ALL OTHER OFFICIAL RULES WILL BE VOID AND DISQUALIFIED. EQUINOX RESERVES THE RIGHT (BUT NOT THE OBLIGATION) TO MONITOR ALL ENTRIES, TO REPORT TO INSTAGRAM, AND REQUEST REMOVAL OF, ANY ENTRY THAT VIOLATES THE RULES OR IS OTHERWISE DEEMED INAPPROPRIATE, AND TO OTHERWISE COOPERATE WITH INSTAGRAM OR ANY LAW ENFORCEMENT AUTHORITIES IN THE INVESTIGATION OF ANY ENTRIES.
Equinox reserves the right to waive the Contest entry requirements set forth herein in its reasonable discretion. Equinox reserves the right, in its sole discretion, to request that any Entrant resubmit his or her Entry that fails to comply with these Official Rules.
At the conclusion of each Challenge Entry Period (see chart above), all Entries received will be judged by a panel of judges comprised of Equinox and Wieden + Kennedy employees (including at least one independent judge) in the United States of America to determine 1 First Prize winner for each Challenge. First Prize judging will be based on the following criteria: Originality & Creativity - 50%; Appropriateness to Challenge - 35%; Sincerity - 15%. In the event of a tie, tied Entries will be re-judged based on "Originality & Creativity" to determine the winner. All Entries received during the Grand Prize Entry Period will be judged by the same judges using the same judging criteria to determine the Grand Prize winners. Limit one First Prize and one Grand Prize per household. All qualifying Entries, including entries that win a First Prize, are eligible for the Grand Prize. Judging will occur on/about 3 business days after the close of the applicable Challenge Entry Period, but may be expedited or delayed in Equinox’s sole discretion.
6. COMMUNICATION WITH POTENTIAL WINNERS:
Potential winners will be contacted by a message from @equinox via Instagram Direct message (“DM”) on/about 2 business days after the judging is completed for the applicable Challenge Entry Period, but notification may be expedited or delayed in Equinox’s sole discretions. Potential winners must reply to the DM, and provide any requested information (e.g., email address), within 48 hours. If a potential winner’s response to such message(s) is not received within 48 hours after initial DM was sent, or the DM is returned as undeliverable, Equinox will have the right in its sole discretion to disqualify the potential winner without further notice, in which event an alternate potential winner will be determined based on the judging criteria above. As a condition of winning, Equinox may require all potential winners to complete an Affidavit/Declaration of Eligibility (certifying, among other things, that the Entry complies with the Entry Rules and that the potential winner complied with the Official Rules of the Contest), a Release of Liability, a Prize Acceptance Form, a Publicity Release and Assignment of Rights, and any other information or documentation reasonably required by Equinox or its agent. All such documents must be completed and returned within 5 days (including Saturdays, Sundays and Holidays) of attempted delivery of the same to the potential winner. If the documents are not returned within such time period, or if any prize or prize notification is returned as undeliverable, Equinox will have the right in its sole discretion to disqualify the potential winner without further notice and to select an alternate winner based on the judging criteria above. All results are unofficial until Equinox’s acceptance of the potential winner’s claim of the prize and completion of related documentation. Entrants that do not win will not be notified.
PRIZES AND APPROXIMATE RETAIL VALUE:
The Weekly Prizes for this Contest are: for Week #1, (2) First Prizes (1 for Truth challenge and 1 for EMMDI challenge) – Equinox branded Beats Headphones (ARV: $250 USD per prize); for Week #2, (2) First Prizes (1 for Truth challenge and 1 for EMMDI challenge) – Custom Nike ID Shoes (ARV: $250 USD per prize); for Week #3, (2) First Prizes (1 for Truth challenge and 1 for EMMDI challenge) – A $500 USD Gift Certificate for an Equinox Spa Experience, redeemable at any Equinox location offering spa treatments, transportation to/from the club is not included (ARV: $500 per prize); for Week #4, (2) First Prizes (1 for Truth challenge and 1 for EMMDI challenge) – An Apple Watch (ARV: $350 USD per prize).
The two (2) Grand Prizes are each a 1 year “All-Access” membership to Equinox (ARV: $3,000 USD per prize). Transportation to/from the club and ancillary services (e.g., personal training, spa visits) are not included. Entrants must reside within twenty-five (25) miles of an Equinox club in order to be eligible for a Grand Prize.
Equinox clubs are not available in all regions, visit www.equinox.com/clubs to locate the Equinox club nearest you. Certain clubs may be excluded from All-Access membership in accordance with Equinox’s standard rules, policies and procedures. Notwithstanding anything to the contrary herein, Equinox shall not be required to award a Grand Prize to a potential winner, or otherwise allow membership or use of its clubs to any individual, who does not agree to complete and sign Equinox’s standard membership agreement, and any other waivers or documentation that are generally provided as part of the Equinox enrollment process, and otherwise agree to comply with Equinox’s standard rules, policies and procedures (“Member Terms”), and Equinox shall have the right to, in its sole discretion, immediately terminate any membership awarded as the Grand Prize for any reason permitted under the Member Terms or for failure to comply with the Member Terms.
Prizes will be awarded “as is” with no warranty or guaranty, either express or implied by Equinox. Prizes are non-transferable and have no cash value. US winners may be issued tax forms for prizes exceeding $600 in value. All taxes and other assessments resulting from the acceptance of a prize are the sole responsibility of the winner and some winners may be subject to withholding tax. Prizes consist of only the items specifically listed as part of the prize. In no event will Equinox be obligated to award more than the stated number of prizes. Equinox reserves the right to substitute any prize with a different prize of equal or greater value.
7. GENERAL RULES:
By entering the Contest, Entrant accepts and agrees to these Official Rules and the decisions of Equinox, which shall be final in all matters, and Entrant represents to Equinox that it is eligible to participate and that all information it provides is and will be accurate. To the extent permitted by applicable law, acceptance of the Official Rules also constitutes permission to Equinox to, and Equinox reserves the right (but not the obligation) to: (1) use Entrant s’ name and likeness and reproduce/distribute all Entries in any and all media throughout the world in perpetuity; (2) alter, amend, edit or change Entries prior to distribution; and (3) use, distribute, reproduce, alter, amend and copyright Entries for purposes of advertising, trade and otherwise, in each case without further notice or compensation to, or approval from, the Entrant. Proof of submission is not proof of receipt of entry. By accepting a prize, the winner(s) further agrees that his or her winning Entry will be deemed a “Work Made For Hire” under the copyright laws of the United States owned by Equinox, but if it cannot be so deemed, then the winner hereby irrevocably assigns and transfers to Equinox all of his/her right, title and interest in and to his/her Entry, including all but not limited to all copyright and other intellectual property rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged, and winner . Winner hereby waives in favor of Equinox, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that winner may now or later have to their Entry. Upon request of Equinox, winner shall take other reasonably steps, including executing and delivering to Equinox additional documentation, as may be deemed necessary by Equinox to establish its ownership rights.
Notice of any cancellation, modification, suspension or termination will be posted through the @equinox Instagram account. In the event of any cancellation, modification, suspension, or termination Equinox reserves the right (but not the obligation) to select winners, using the judging criteria set forth above, 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 participation or downloading any materials in this Contest.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, EQUINOX RESERVES THE RIGHT TO DISQUALIFY ANY ENTRANT AND SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. Equinox reserves the right to disqualify any Entrant that provides incomplete or inaccurate details, is ineligible or acting in violation of these Official Rules or is determined to be tampering with the entry and functioning of this Contest, including by obtaining additional entries through multiple Instagram accounts, identities or any other methods, including through use of robotic, automatic, programmed, or other like methods of participation.
By entering the Contest, each Entrant agree, to the fullest extent permitted by law, to (1) release, discharge and hold harmless the Contest Entities, Instagram, and each of their respective officers, directors and employees (“Released Parties”) from and against any and all liability (including damages caused or claimed to be caused), loss, injury, illness, death, or litigation arising out of the Contest, participation in the Contest, and/or acceptance, possession, use or misuse of any prize; and (2) indemnify the Released Parties from any and all liability arising out of the Contest. 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 this Contest, participation in this Contest and/or acceptance, possession, use or misuse of any prize. Claims may not be resolved through any form of class action. This Contest, the Official Rules, and any claims or disputes arising hereunder, 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. This Contest is in no way sponsored, endorsed or administered by, or associated with Instagram. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control. The Contest and all related pages, contents and code are copyright © 2015 Equinox. Equinox’s name, designs, logos and slogans are trademarks or service marks of Equinox. Copying or unauthorized use of any copyrighted material or trademarks without the express written consent of Equinox is strictly prohibited.
8. WINNERS LIST:
To receive the names of the winners by email, send an email to D.L. Blair, Equinox’s agent, at: email@example.com
with WINNER 7817 as the subject line. Requests must be received by March 31, 2015. Winners list will be sent after winners have been verified.