Sponsored by Fitbit, Inc. (“Sponsor”).
NO ENTRY FEE. NO PURCHASE OR OBLIGATION NECESSARY TO ENTER OR WIN. Entry deadline is June 30, 2014. Sweepstakes begins on May 20, 2014 and ends on June 30, 2014 (the “Sweepstakes Period”).
1. Eligibility: The Get Cooking with Fitbit Sweepstakes (the “Sweepstakes”) is open to legal residents of the U.S., eighteen (18) or older, as of the date of entry, who have an active e-mail account, and Internet access as of the beginning of the Sweepstakes period. Entrants under the age of 18 must have permission from their parents or legal guardians to participate. Employees of Sponsor and their respective parent companies, affiliates, subsidiaries, advertising, promotion, fulfillment or other coordinating agencies, individuals providing services to Sponsor through an outsourcer or temporary employment agency during the Sweepstakes period, and their respective immediate family members and persons living in their same household, are not eligible to participate in the Sweepstakes. Participation in the Sweepstakes constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules & Regulations (“Official Rules”). VOID WHERE PROHIBITED.
2. To Enter: You may enter the Sweepstakes in one of two ways:
(a) By Wufoo entry page: To enter, visit the Sweepstakes entry page and submit your “Recipe” for a chance to win one grand prize of a suite of Fitbit products, or one of five runner-up prizes of a Fitbit Flex. If you don’t have a Fitbit product or don’t want to submit a Recipe, leave the recipe field blank and submit the other requested/required information.
(b) By mail: To enter by mail without opt-in, hand write your name, mailing address, phone number, and e-mail address on a 4” x 6” card and mail to: Get Cooking with Fitbit Sweepstakes, 405 Howard Street, Suite 550, San Francisco, CA 94105. Limit one entry per envelope.
No mechanically reproduced mail-in entries are allowed and any use of robotic, automatic, programmed or the like entry methods will void all such entries by such methods.
Limit one entry per person, regardless of entry method.
3. Prize Drawing: All Sweepstakes entries meeting the requirements of these Official Rules will be entered into the prize drawing, to be held on or around the dates set forth above at the Sponsor’s offices located at 405 Howard Street, Suite 550, San Francisco, CA 94105. The drawing will be conducted either by independent persons or a computer program that randomly chooses the winner, from all eligible entries received and the random selection is final and binding. The weekly Winner will be selected at random from among all eligible entries received.
Winners will be notified by e-mail.
4. Prizes and Odds: One (1) Grand prize Sweepstakes winner will receive one (1) Fitbit Flex, (1) Fitbit One, (1) Fitbit Zip and (1) Fitbit Aria. Five (5) Runner-up winners will receive (1) Fitbit Flex.
Total value of prizes to be awarded: Grand prize has an approximate retail value of $389.50 (US) per winner. Runner-up prizes have an approximate retail value of $99.95 each.
The odds of winning a prize depend on the total number of eligible entries received. No cash or other substitution of prizes is permitted, except at the sole option of Sponsor for a prize of equal or greater value. Prizes won by minors will be awarded to the parents or legal guardians, who must sign all required affidavits and releases. Sponsor will not replace any lost or stolen prizes. Winners are solely responsible for any and all federal, state, provincial and local taxes, if any, that apply to prizes.
Total value of all prizes to be awarded: $889.25(U.S.).
5. Notification of Winners: Winners will be notified by e-mail within five (5) business days of the prize drawing, and may be required to sign and return an affidavit of eligibility and publicity/liability release within seven (7) days of notification. If a selected winner cannot be contacted, is ineligible, fails to claim a prize and/or where applicable an affidavit of eligibility and publicity/liability release is not timely received, is incomplete or modified, the prize may be forfeited and an alternate winner selected from remaining valid, eligible entries timely submitted. In the event of a dispute regarding who submitted an entry, the entry will be deemed submitted by the authorized account holder of the e-mail account specified in the entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. No automatically generated entries will be accepted.
6. General Rules: By entering the Sweepstakes, you agree to be bound by these Official Rules. The Sweepstakes is offered by Sponsor, 405 Howard Street, Suite 550, San Francisco, CA 94105, who is not responsible for (i) late, lost, delayed, damaged, postage-due, incomplete, illegible, misdirected or undeliverable entries, responses, or other correspondence, whether by e-mail or postal mail or otherwise; (ii) theft, destruction, unauthorized access to or alterations of entry materials; or (iii) phone, electrical, network, computer, hardware, software program or transmission malfunctions, failures or difficulties.
By entering the Sweepstakes, you further agree to release, indemnify, defend and hold Sponsor and its parent, affiliates, subsidiaries, directors, officers, employees, sponsors and agents, including advertising and promotion agencies, and assigns, and any other organizations related to the Sweepstakes, harmless, from any and all claims, injuries, damages, expenses or losses to person or property and/or liabilities of any nature that in any way arise from participation in this Sweepstakes or acceptance or use of a prize or parts thereof, including, without limitation, (i) any condition caused by events beyond Sponsor’s control that may cause the Sweepstakes to be disrupted or corrupted; (ii) any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of the prize, or acceptance, possession, or use of the prize, or from participation in the Sweepstakes; and (iii) any printing or typographical errors in any materials associated with the Sweepstakes. Winners agree to be bound by these Official Rules, and Sponsor’s decisions in all respects relative to the Sweepstakes are final.
In no event will Sponsor be liable to you for any direct, special, incidental, exemplary, punitive or consequential damages (including loss of use, data, business or profits) arising out of or in connection with your participation in the SWEEPSTAKES, OR USE OF THE PRIZE, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, and whether or not Sponsor HAVE been advised of the possibility of such loss or damage. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
7. Additional Conditions: Except where prohibited, by participating in the Sweepstakes and/or winning any prize, entrant/winner consents to the use of his/her name, photo and/or likeness, biographical information, entry and statements attributed to entrant/winner (if true) for advertising and promotional purposes, including without limitation, inclusion in Sponsor’s newsletters, the Sweepstakes website here and Sponsor’s homepage at https://www.fitbit.com/, without additional compensation. All entries become property of Sponsor and none will be acknowledged or returned. Allow 6-8 weeks for delivery of prizes.
Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Sweepstakes in whole or in part, in the event of fraud, technical or other difficulties or if the integrity of the Sweepstakes are compromised, without liability to the entrant. Sponsor reserves the right to disqualify any entrant or winner, as determined by Sponsor, in their sole discretion. The Sweepstakes are subject to these Official Rules and all applicable federal, state, provincial and local laws and regulations apply. As stated above, the Sweepstakes is void where prohibited or restricted by law. By participating in these Sweepstakes, you acknowledge that you have read these Official Rules and agree to abide by them and by the decisions of Sponsor, which are final and binding on all matters pertaining to the Sweepstakes. These Official Rules are governed by the law of the State of California, excluding rules governing choice of laws.
8. Lawsuits: Any action, suit or case arising out of, or in connection with, this Sweepstakes or these Official Rules must be brought in either the federal courts located in the Northern district of California or the state courts located in San Francisco County, California.
10. Winner’s List, Official Rules: For a list of prize winners, send your request and a stamped, self-addressed envelope to Get Cooking with Fitbit Sweepstakes, 405 Howard Street, Suite 550, San Francisco, CA 94105.
11. Sponsor Address: 405 Howard Street, Suite 550, San Francisco, CA 94105.