SPONSOR: WealthFit, LLC, 2 Aarona Place, Suite 204, Kailua, HI 96734 (“Sponsor”).
ELIGIBILITY: The WealthFit 2.0 Launch Giveaway (“Promotion”) is open to legal residents of the U.S. (excluding residents of Florida and New York) and the District of Columbia, who are 18 years of age or older and have a valid driver’s license at the time of entry. Employees, household members (whether or not related) and immediate family members (spouses, parents, siblings, children and each of their respective spouses regardless of where they reside) of employees of Sponsor and its partners and affiliates, and any and all other participating parties, and their respective parent companies, subsidiaries, and affiliates, and their advertising and promotion agencies, and all local sponsors (collectively, the “Participating Parties”), are NOT eligible to enter or win any prizes. Sponsor reserves the right to conduct a background check on any potential winner and reserves the right in its sole discretion to disqualify any person based on such background check if Sponsor determines in its sole discretion that awarding the prize to such potential winner might reflect negatively on the Sponsor or any of the Participating Parties. By entering, all entrants agree to release the Released Parties (defined below) from and against all claims and damages arising in connection with each entrant’s participation and/or entry in the Promotion. This Promotion is governed by U.S. law and is subject to all applicable federal, state and local laws and regulations. This Promotion is expressly void: i) outside the U.S.; and ii) in the U.S. where prohibited by law.
PROMOTION OVERVIEW AND PROMOTION PERIOD: The Promotion consists of a sweepstakes with ten (10) cash prize drawings (the “Sweepstakes”). The Promotion begins January 9, 2019 at or around 12:00:00 p.m. Eastern Daylight Time (“EDT”) and ends January 22, 2019 at or around 12:00:00 p.m. EDT (“Promotion Period”). Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding on all matters related to the Promotion.
HOW TO ENTER THE SWEEPSTAKES PRIZE DRAWING: No purchases are required. There are three (3) ways to earn an entry (“Entry”) into the Sweepstakes:
All Sweepstakes entries must be submitted during the Promotion Period. Entries are limited to one (1) per person. Three (3) additional bonus entries shall be provided each time someone else registers with your unique “Tell-a-Friend” link which will be provided upon your initial Entry. Sponsor will notify you via email each time someone enters the Sweepstakes using your “Tell-a-Friend” link. Any entries that are subsequently submitted by the same person shall be deemed void and disqualifying; all incorrect or illegible entries are void. All eligible entries received will be entered into the Drawing. Each Entry must be filled out completely and accurately.
Official rules can be found by visiting the WealthFit website (www.wealthfit.com), or by mailing a written request with a legible return address and the proper postage affixed to an envelope, addressed to: WealthFit Cash Prize Giveaway – Rules Request, 2 Aarona Place, Suite 204, Kailua, HI 96734.
WealthFit, LLC. (the “Sponsor“), each of its respective partners and affiliates, the advertising and promotion agencies, and each of the aforementioned companies’ respective officers, directors, shareholders, and employees and agents (collectively, “Released Parties“), are not responsible for any incorrect or inaccurate entry information; human error; technical malfunctions; failures, omission, interruption, deletion, or defect of any telephone network, computer online systems, computer equipment, server providers, or software, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participation in this Sweepstakes; inability to access the website; theft, tampering, destruction, or unauthorized access to, or alteration of entries; entries that are processed late or incorrectly or are incomplete or lost due to computer or electronic malfunction or traffic congestion on the Internet or at any website; printing, typographical, human or other errors; and any entries which are late, lost, incomplete, delayed, misdirected, stolen, mutilated, inaccurate, illegible, or any combination thereof. Entries are considered only upon receipt. All entries become the property of Sponsor and will not be returned. A purchase will not increase your chance of winning.
Furthermore, any attempt by an entrant to deliberately undermine the legitimate operation of the Sweepstakes may be in violation of criminal and civil laws, and should such an attempt be made, the Sponsor reserves the right to seek remedies and damages (including without limitation, attorney’s fees) from any such entrant to the fullest extent of the law, including criminal prosecution.
Any form of entry other than that described herein is void.
TEN (10) SWEEPSTAKES CASH PRIZES: One (1) cash prize winner will be selected randomly on each weekday starting on Thursday, January 10, 2019 and ending on Wednesday, January 23, 2019 when one (1) Grand Prize winner will be selected. The cash prizes shall increase in value during the giveaway based on the following schedule:
Thursday, January 10, 2019 — $25
Friday, January 11, 2019 — $50
Monday, January 14, 2019 — $100
Tuesday, January 15, 2019 — $200
Wednesday, January 16, 2019 — $300
Thursday, January 17, 2019 — $400
Friday, January 18, 2019 — $500
Monday, January 21, 2019 — $1,000
Tuesday, January 22, 2019 — $2,500
Grand Prize: Wednesday, January 23, 2019 — $5,000
SWEEPSTAKES PRIZE NOTIFICATION/REQUIREMENTS: Winners shall be notified by the email address and telephone number they provided upon entry. Winners shall be required to complete, sign and return to Sponsor an Affidavit of Eligibility and a Publicity Release (unless otherwise prohibited) within seven (7) days of date of attempted notification. If a winner cannot be contacted within seven (7) days, fails to complete, sign and return the Affidavit of Eligibility and Publicity Release within the required time period, is not in compliance with these Official Rules, or a prize or prize notification is returned as undeliverable, prize may be forfeited. Sponsor is not responsible for any change of email address, mailing address and/or telephone number of entrants.
Winner is responsible for any costs, including without limitation, taxes. Each prize winner must have proof of a valid U.S. driver’s license from their state or place of residence in the United States and will be required to provide Sponsor a W9 tax form in order to take receipt. Failure to provide proof of a valid driver’s license, and failure to sign an Affidavit of Eligibility and Liability/Publicity Release may result in prize forfeiture and selection of an alternate winner. Sponsor shall not be responsible for delays in delivery of the prize. All other costs not specifically stated herein as being awarded are the responsibility of the Winner.
TAXES: Taxes (INCLUDING INCOME TAX) are the sole responsibility of the winner, regardless of whether the prize is used in whole or in part. The Sweepstakes prize winners will be issued an IRS 1099 form for the value of the prize. In the event that a potential winner is disqualified for any reason, Sponsor reserves the right to award the prize to an alternate entrant who will also be selected randomly, even if the disqualified potential winner’s name may have been publicly announced. All prize details are at Sponsor’s sole discretion.
ENTRANT'S PERSONAL INFORMATION ON WINNER LIST: If you are selected as a winner, your information may also be included in a publicly-available winner list.
ODDS OF WINNING: Odds of winning any of the Sweepstakes’ prizes depends on the number of eligible entries received during the corresponding Promotion Period.
GENERAL CONDITIONS: By accepting a prize, the winner grants Sponsor and/or their designees the right to use his/her name, biographical information, testimonial, photo and/or likeness and/or prize information (and/or any edited portion thereof) for advertising, publicity, promotional and other purposes in any and all media, now or hereafter devised, throughout the world in perpetuity, without additional compensation, notification or permission, except where prohibited by law. Released Parties are not responsible for lost, late, incomplete, illegible, inaccurate, delayed, stolen, misdirected, undelivered or garbled entries; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Promotion, including, without limitation, errors or difficulties which may occur in connection with the administration of the Promotion, the processing of entries, the announcement of the prizes or in any Promotion-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Promotion. Released Parties are not responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in this Promotion or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Promotion or website, who are in violation of these Official Rules, or who act in an unsportsmanlike or disruptive manner as solely determined by Sponsor, will be disqualified and all associated entries will be void. Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Promotion for any reason, including, but not limited to, should any portion of the Promotion be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, and, if terminated, at its discretion, randomly select the winner from among all eligible, non-suspect entries received prior to action taken or as otherwise deemed fair and appropriate by Sponsor. Automated entries are prohibited, and any use of automated devices will cause disqualification. Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process. Entrants shall not register with multiple email addresses nor shall they use any other device or artifice to register multiple times or as multiple registrants. Any entrant who attempts to enter with multiple email addresses under multiple identities or uses any device or artifice to enter multiple times will be disqualified and forfeits any and all prizes won, in Sponsor's discretion.
LIMITATION OF LIABILITY: By entering the Promotion, entrants agree that Released Parties shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Promotion or any Promotion related activity, or from entrant's acceptance, receipt, possession and/or use or misuse of the prize.
SOCIAL MEDIA RELEASE: By entering the Promotion, you acknowledge and agree that the Sweepstakes are in no way sponsored, endorsed, administered by, or associated with Facebook, Instagram, Twitter or any other social media platforms. By entering, you agree to a complete release of any and all claims you may have against any social media platform including but not limited to Facebook, Instagram and Twitter.
BINDING ARBITRATION: Any controversy or claim arising out of or relating to the Promotion shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS PROMOTION IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES. BY PARTICIPATING IN THE PROMOTION, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) 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.
GOVERNING LAW/JURISDICTION: These Official Rules and the Promotion are governed by US law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of California, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of California, in the County of San Diego.
SEVERABILITY: If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
WINNERS LIST: For the winners’ names, send your request to firstname.lastname@example.org or WealthFit Cash Prize Giveaway Winners List, 2 Aarona Place, Suite 204, Kailua, HI 96734. Requests must be received by March 23, 2019.