SmartyPants New Years Resolution Sweepstakes Official Rules

 

NEW YEAR’S RESOLUTION SWEEPSTAKES

OFFICIAL RULES

 

NO PURCHASE NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES, OR TO CLAIM A PRIZE.  A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

 

THESE OFFICIAL RULES (THE “OFFICIAL RULES”) CONTAIN AN ARBITRATION AGREEMENT, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST SPONSOR TO BINDING AND FINAL ARBITRATION.  UNDER THE ARBITRATION AGREEMENT, (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST SPONSOR ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

 

The New Year’s Resolution Sweepstakes (the “Sweepstakes”) begins at 12:01 a.m. PT on December 12, 2020 (the “Sweepstakes Start Date”) and ends at 11:59 p.m. PT  December 31, 2020 (the “Sweepstakes End Date”),  (such period referred to herein as the “Sweepstakes Period”). The Sweepstakes is sponsored by SmartyPants, Inc. (the “Sponsor”).  This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Instagram.  You are providing your information to the Sponsor and not to Instagram.

 

  1. HOW TO ENTER: To enter, participants must complete all of the steps set forth below during the Sweepstakes Period:
  2. Step 1: (i) log into your Instagram account (if you are not already a member of Instagram, download and install the free Instagram application and register for a free Instagram account); and (ii) once you are logged into your Instagram account, follow @SmartyPants.
  3. Step 2: go to https://www.smartypantsgummyvitamins.com/sweepstakes-1/ to complete the entry form by providing name and email address.

 

Participation in the Sweepstakes is voluntary and does not require you to purchase anything from the Sponsor.  No illegible, incomplete, forged or altered entries will be accepted.  All entries must be received by the last day of the Sweepstakes Period. One entry per person. Mechanically reproduced entries not accepted.  All entries become the property of the Sponsor and will not be returned.  All entries are subject to Sponsor’s privacy policy located at https://www.smartypantsvitamins.com/pages/privacy-policy, terms of use located at https://www.smartypantsvitamins.com/pages/terms-conditions and these Official Rules.

 

When you provide your email address in connection with Step 2 above, the Sponsor may request your affirmative consent in order to provide promotional emails or offers. If the Sponsor provides the option of receiving promotional emails offers, such promotional emails will be completely optional. You are not required to give consent to receive such emails or offers in order to be eligible to enter the Sweepstakes. Even if you consent, you may subsequently opt-out of receiving such emails or offers by following the procedures described within such emails.  Additionally, you may unfollow @SmartyPants at any time, provided that in order to be eligible to prize you must be following such Instagram accounts on the Sweepstakes End Date.

 

  1. PRIZE: There will be one (1) winner of the Sweepstakes, who will win a Peloton Bike+ Family package for themselves and one (1) friend (the “Bike Package”), a one (1) year subscription to Peloton and a one (1) year supply of SmartyPants Vitamins of their choice for the winner and their friend.  Each Bike Package is for the winner and their selected friend recipient (the “Friend”) only, and consists of the items set forth on Exhibit A attached hereto, as further described on Peloton’s website (https://www.onepeloton.com/shop/bike-plus).  The winner and its Friend will not be entitled to any other items that are not explicitly listed on Exhibit A.  Additional terms and conditions may apply to the use of the Bike Package, including, without limitation, Peloton Interactive, Inc.’s (“Peloton”) applicable terms and conditions and any Peloton subscription fees. Restrictions, conditions and limitations may apply. Approximate Retail Value (“ARV”) of the prize for the winner and the Friend is $8,000 in the aggregate, exclusive of local sales tax, in the aggregate.  The winner will not receive difference between the actual value of the prize or any prize component and the ARV of such prize or prize component. Allow 10-12 weeks after validation of arrangement for receipt of prize.  The Sponsor reserves the right to substitute prizes of equal or greater value.  No other substitution, cash equivalent or transfer of prizes permitted.  The Sponsor is responsible only for prize delivery; not responsible for prize utility, quality or otherwise.  In order to receive a prize, the winner may be required to provide proof of identification.  All federal, state, and local or other taxes on any prize, including income and/or sales taxes, are the sole responsibility of the winner. Winner will be issued an IRS Form Misc-1099 for the actual value of the prize and are advised to seek independent counsel regarding the tax implications of the prize winnings; provided, however, Sponsor may elect to gross up the prize to cover the winner’s taxes for such prize. The odds of winning the prize depend on the number of eligible entries received during the Sweepstakes Period.

 

  1. ELIGIBILITY: The Sweepstakes is only open to legal residents of the 50 United States and the District of Columbia (excluding Puerto Rico and all U.S. territories and possessions) who are at least 18 years old at the time of entry.  Entries are limited to individuals only; commercial enterprises and business entities are not eligible.  By participating in the Sweepstakes, each entrant accepts the conditions stated in these Official Rules, agrees to be bound by the decisions of the Sponsor and warrants that s/he is eligible to participate in the Sweepstakes.  Failure to comply with either the terms and conditions in these Official Rules will result in disqualification, and will allow the Sponsor to select an alternate winner. Employees, independent contractors, officers, and directors of the Sponsor, affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, and legal advisors, and their immediate family members and persons living in the same household, are not eligible to participate in the Sweepstakes.  SWEEPSTAKES IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW and is subject to applicable federal, state and local laws and regulations.

 

  1. SELECTION OF WINNER: On or about January 12, 2021 (the “Drawing Date”), the Sponsor will randomly select the winner.  One (1) winner will be selected from all eligible entries received by the Sweepstakes End Date.  The winner will be notified by email using the information provided by such potential winner during the Sweepstakes entry process, by February 1, 2021.  In the event that a winner does not accept the prize by March 1, 2021, such winner is ineligible, or the prize or prize notification is not deliverable to such winner then an alternate winner may be selected.  The Sponsor is not responsible for and shall not be liable for late, lost, misdirected or unsuccessful efforts to notify the winner.  The winner agrees to use of name, address, likeness, and/or prize information by Sponsor and its affiliates for promotional purposes in any medium without additional compensation to the extent permitted by law.  Where lawful, the winner and the selected may be required to sign and return a Publicity Consent and Liability Release.

 

  1. CONDITIONS: The Sponsor, Instagram and Peloton, and their respective agents, directors, officers, shareholders, employees, insurers, servants, parents, subsidiaries, divisions, affiliates, predecessors, successors, representatives, advertising, promotion, and fulfillment agencies, and legal advisors (the “Released Entities”), are not responsible for, shall not be liable for, and hereby disclaim all liability arising from or relating to: (i) late, lost, stolen, delayed, damaged, misdirected, misaddressed, incomplete, unintelligible or postage-due entries; (ii) telephone, electronic, hardware or software program, network, Internet, computer or other malfunctions, failures, or difficulties of any kind, whether human or technical; (iii) failed, incomplete, garbled, or delayed computer or e-mail transmissions; (iv) any condition caused by events beyond the control of the Sponsor; (v) any injuries, losses, or damages 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; or (vi) any printing or typographical errors in any materials associated with the Sweepstakes.  The Sponsor reserves the right, in its sole discretion, to suspend, modify or cancel the Sweepstakes should any unauthorized human intervention or other causes beyond the Sponsors’ control corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes.  In the event that proper administration of the Sweepstakes is prevented by such causes as contemplated above, the Sponsor will pick the winner from all eligible, non-suspect entries received prior to such action.  In the event of a dispute as to the identity of a winner based on an email address, the winning entry will be deemed to be made by the authorized account holder of the email address at the time of entry.  “Authorized account holder” is the natural person who is assigned an email address by an Internet service provider or other organization responsible for assigning email addresses for the domain associated with the email address in question. By participating in the Sweepstakes, participants and the winner agree to release, discharge and hold harmless the Released Entities, and all others associated with the development and execution of the Sweepstakes, from any and all losses, damages, rights, claims and actions of any kind arising out of or relating to the Sweepstakes, participation in the Sweepstakes, the prize, and/or acceptance, possession, use or misuse of the prize, including but not limited to statutory and common law claims for misappropriation or participant’s right of publicity.   This Sweepstakes shall be governed by California law. 

 

  1. ARBITRATION AGREEMENT: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

 

  1. Agreement to Arbitrate. This Section is referred to in these Official Rules as the “Arbitration Agreement.”  You agree that any and all disputes or claims that have arisen or may arise between you and Sponsor, whether arising out of or relating to these Official Rules, the Sweepstakes, your participation in the Sweepstakes, the prize, acceptance, possession, use or misuse of the prize (including any alleged breach thereof), any advertising, any aspect of the relationship between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify.  Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf.  You agree that, by participating in the Sweepstakes, you and Sponsor are each waiving the right to a trial by jury or to participate in a class action.  Your rights will be determined by a neutral arbitrator, not a judge or jury.  The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

 

  1. Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND SPONSOR AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.  UNLESS BOTH YOU AND SPONSOR AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING.  ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). 

 

  1. Pre-Arbitration Dispute Resolution. Sponsor is always interested in resolving disputes amicably and efficiently, and most concerns can be resolved quickly and to the participant’s satisfaction by emailing customer support at customerservice@smartypantscorp.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”).  The Notice to Sponsor should be sent to SmartyPants, Inc., 4056 Del Rey Avenue, Suite A, Venice, California 90292 (“Notice Address”).  The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought.  If Sponsor and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Sponsor may commence an arbitration proceeding.  During the arbitration, the amount of any settlement offer made by Sponsor or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Sponsor is entitled.

 

  1. Arbitration Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement.  For information on the AAA, please visit its website, http://www.adr.org.  Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration.  If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration.  The arbitrator must also follow the provisions of these Official Rules as a court would.  All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement.  Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Official Rules and applicable law.  Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

 

Unless Sponsor and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances.  If the parties are unable to agree on a location, the determination shall be made by AAA.  If your claim is for $10,000 or less, Sponsor agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules.  If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules.  Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

 

  1. Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement.  If the value of the relief sought is $75,000 or less, at your request, Sponsor will pay all Arbitration Fees.  If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Sponsor will pay your portion of such fees.  In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.  Finally, if the value of the relief sought is $75,000 or less, Sponsor will pay reasonable attorneys’ fees should you prevail.  Sponsor will not seek attorneys’ fees from you.  But, if you initiate an arbitration in which you seek more than $75,000 in relief, the payment of attorneys’ fees will be governed by the AAA Rules.    

 

  1. Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

 

  1. Severability. Without limiting the severability provision in Section of the these Official Rules, if a court or the arbitrator decides that any term or provision of this Arbitration Agreement other than Section 6(b) above is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified.  If a court decides that any of the provisions of Section 6(b) is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void.  The remainder of these Official Rules will continue to apply.

 

  1. Conflict: In the event of any conflict between any term or condition in this Section 6 and any term or condition in our terms of use located at https://www.smartypantsvitamins.com/pages/terms-conditions, then the applicable term or condition in this Section 6 shall apply.

 

  1. WINNERS LIST: To obtain the first name, last initial, city and state of the Sweepstakes winner after the Sweepstakes End Date, send a separate self-addressed, stamped envelope marked “New Year’s Bike Sweepstakes Winners List” to the Sweepstakes Sponsor. Requests for winners list must be received no later than ninety (90) days from the Sweepstakes End Date (residents of Vermont and Washington need not include return postage).

 

  1. SWEEPSTAKES SPONSOR:

SmartyPants, Inc.

4056 Del Rey Avenue, Suite A

Venice, California 90292

         

  1. NOTICE: The Sponsor reserves the right to prosecute and seek damages against any individual who attempts to deliberately undermine the proper operation of the Sweepstakes in violation of these Official Rules and/or criminal and/or civil law.

 

  1. Copyright ã  2020, SmartyPants, Inc. All rights reserved. SmartyPants, Inc. and the associated logos are trademarks of Sponsor. Any other trademarks in these Official Rules are used for prize identification purposes ONLY and are the properties of their respective owners.

 

 


Exhibit A

 

Prize Specifications

 

For the Winner, the Bike Package includes:

 

  • 1 Peloton Bike+ package for themselves
  • 1 Peloton Bike+ package to be gifted to a friend/relative

 

  • Peloton Bike+ Package includes:
    • Peloton Bike+
    • 12-Month Limited Warranty
    • Delivery and Assembly
    • Shoes (2 pairs)
    • Bike Weights (1 set)
    • Reversible Workout Mat
    • Bike Mat
    • Resistance Bands (1 set)
    • Yoga Blocks
    • Yoga Strap
    • Water Bottles (2)
    • Shipping
    • In-Home Set Up

 

  • 1 year Peloton Subscription for themselves
  • 1 year Peloton Subscription to be gifted to a friend/relative
  • 1 year supply of SmartyPants Vitamins for themselves
  • 1 year supply of SmartyPants Vitamins to be gifted to a friend/relative

 

For more information on what is included in Peloton Bike+ Package visit https://www.onepeloton.com/shop/bike-plus.