2020 Countdown – Official Rules
Terms & Conditions
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
- Sweepstakes Period: This “2020 Countdown Giveaway” Sweepstakes (the “Sweepstakes”) begins on November 16, 2020 at 12:01 a.m. Pacific Standard Time (“PST”) and ends at 11:59 p.m. Pacific Standard Time (PST) on November 20, 2020. Sponsor reserves the right to terminate, extend, suspend or otherwise modify the entry period for Sweepstakes and select winners in a random drawing from among all eligible entries received during the modified entry period. The foregoing right to modify the period during which entries may be accepted may be exercised in the sole discretion of Sponsor, including, without limitation, if Sponsor determines that the Sweepstakes is not capable of running as planned due to tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes.
- To Enter: To enter, go online to www.thekickhouse.com/2020-countdown and follow all online entry instructions to complete and submit the online entry form, or you may also enter by mail. Other than the “Enter by Mail” entrants, each entry form must be submitted through our online portal and must be received between 12:01 AM (PST) on November 16, 2020 and 11:59 PM (PST) on November 20, 2020. All entrants subject to all notices posted either online or at participating KickHouse locations. Limit one online entry per person. Entries made with multiple email addresses, under multiple identities or through the use of any other artifice or false pretenses to enter multiple times will be deemed invalid. To enter by mail, send a white 3”x 5” index card with your name, address, phone number, and e-mail address (if applicable) to: “2020 Countdown Giveaway,” 931 Lexington Dr, Rockwall, TX 75087. Mail-in entries must be postmarked between November 12, 2020 and November 18, 2020 and must be received by November 20, 2020. Photocopied, illegible, incomplete, or mechanically reproduced entries are not eligible. Mail-In participants may enter up to one (1) time per day. If an entrant attempts to enter the Sweepstakes by mail more than once per day, then only one entry by that entrant per day received by mail will be deemed valid and all additional entries submitted by that entrant received on a single day by Sponsor will be disqualified and discarded. Sponsor is not responsible for lost, late, damaged, misdirected or postage due mail/entries. All entries and requests become Sponsor’s property and will not be returned or acknowledged.
In the event of a dispute over the identity of an online entrant, entry will be deemed submitted by the “Authorized Account Holder” of the e-mail address submitted at time of entry. Authorized Account Holder means the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Entry materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices are void.
By entering this Sweepstakes, the entrant agrees to these Official Rules and judge’s decisions, which are final and binding in all matters relating to the Sweepstakes. Additionally, as relates to this Sweepstakes, entrant also consents to the use of their original entry as well as their name, likeness, and/or image to be available to the public, in perpetuity, whether online or in any other form of media, including but not limited to the following: television, film, radio, magazines, internet, mobile applications, or for any and all advertising and promotional purposes. Entrants expressly acknowledge that no compensation shall be given, unless prohibited by law, for either the submission of their original entry or, if selected as a winner, their participation in any and all forms of future media. Use of entry for any of the purposes previously stated does not in any way constitute Winner status of that entry and should not be interpreted as such. Any entries featured for Sweepstakes promotional purposes have the same opportunity of winning as all other entries.
- Eligibility: Sweepstakes is open to legal residents of the United States, who are 18 years of age or older and who possess either a valid state identification card or driver’s license. Anyone less than 18 years old is not eligible to enter the Sweepstakes. Sponsor, employees of Sponsor, KickHouse Franchisees, and their respective partners, affiliates, subsidiaries, contractors, officers, directors, managers, members, advertising and promotion agencies, employees, or judges (collectively “Sweepstakes Parties”) and any other individual or company involved in the development or execution of the Sweepstakes at any time during the Sweepstakes Period, and the immediate family members and/or those living in the same household of each are not eligible to enter or win, nor are entrants who, as of November 16, 2020, are professional or former professional performers, including, but not limited to members of the Screen Actors Guild (“SAG”) American Federation of Television and Radio Artists (“AFTRA”), Writers Guild of America (“WGA”) or any other actor’s, performer’s, or writer’s union, or those who have had their work previously published, or who have signed or been bound by a recording or similar contract with a film, television, production, management, or recording company or other third party who represents more than one artist or group. The decision as to whether or not an entrant is/was a professional performer will be within the sole and reasonable discretion of the Sponsor. Furthermore, any entrant who has ever been convicted of a felony will not be eligible.
All winners must meet eligibility requirements set forth in these rules and sign an affidavit of eligibility and release, as established in Section 4(b) of these rules, in order to qualify for the prize.
- General Sweepstakes Rules:
(a) All federal, state and local tax liabilities, including sales tax liabilities, as well as any incidental expenses on a prize are the sole responsibility of winners. All federal, state and local laws and regulations apply to this Sweepstakes.
(b) All Prize winners will be required to complete an Affidavit of Eligibility/Release of Liability and, if legally permissible in Prize Winner’s applicable jurisdiction, inclusive publicity release within 14 days of notification as a condition to receipt of their prize. Noncompliance within this time period or return of any prize/prize notification as undeliverable may result in disqualification, and the corresponding prize will be awarded to an alternate winner in a separate random drawing. Acceptance of prize constitutes permission to the Sponsors and its agencies to use winner’s name and/or likeness for purposes of advertising and trade without further compensation, unless prohibited by law.
(c) Prizes are non-transferable and have no cash redemption or equivalent. Sponsor reserves the right to substitute a prize or prize component of equal or greater value should a prize or any component of a prize become unavailable, as determined by Sponsor in its sole and absolute discretion.
(d) Sponsor and Sweepstakes Parties are not responsible for any typographical or other error in the printing, the offering or the administration of the Sweepstakes, or in the announcement of prizes.
(e) By participating in this Sweepstakes, entrants agree to release and hold Sponsor and Sweepstakes Parties harmless (including but not limited to their partners, affiliates, subsidiaries, promotion, fulfillment, judging agents and agencies and each of their respective parent companies, affiliates, subsidiaries, officers, directors, representatives, attorneys, agents and employees), from any and all liability whatsoever for any injuries, losses or damages of any kind, including bodily injury or death, arising from or in connection with, either directly or indirectly, (1) the awarding, acceptance, receipt, possession, use and/or misuse of any prize awarded herein; or (2) participation in the Sweepstakes or any prize related activities, including but not limited to traveling to and from any prize related activity. Sponsor and Sweepstakes Parties make no representation or warranties concerning the appearance or safety of any prize awarded or any travel related to such. Winners assume all liability for any injury or damage which occurs or is caused, or claimed to be caused, by participation in this promotion or use or redemption of any prize, including without limitation, death.
(f) Sponsor, Sweepstakes Parties their respective affiliates, subsidiaries, parent corporations, and their respective officers, directors, managers, shareholders, members, employees and agents, franchisees, attorneys, and any and all internet servers and access provider(s) 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 any participation in this Sweepstakes; inability to access websites; theft, tampering, destruction, or unauthorized access to, or alteration of entries; transactions that are processed late or incorrectly or are incomplete or lost, whether intentional or not, due to the United States Postal Service and/or computer or electronic malfunction or traffic congestion on the Internet or at any web site; printing or human or other errors; and any entries which are late, lost, incomplete, misdirected, stolen, mutilated, or illegible, or any combination thereof. Proof of mailing or submission is not considered proof of delivery or receipt. All entries become the property of Sponsor and will not be returned.
(g) Sweepstakes parties and Sponsor may collect your name, address, phone number and/or e-mail address for purposes of administering your participation in this Sweepstakes. As a result of you entering the Sweepstakes, Sponsor, Sweepstakes parties, and/or its affiliates may also send you future marketing information from or on behalf of Sponsor, Sweepstakes Parties, their affiliates, and/or like parties. Sweepstakes participants will be provided an opportunity to opt out of receipt of this marketing information or from the sharing by Sweepstakes parties or Sponsor of your personal information with our promotional partners or other third parties. We want to assure you that Sponsor is dedicated to protecting your privacy.
(h) Failure to comply with these official rules may result in disqualification from the Sweepstakes. Sponsor reserves the right to: (i) permanently disqualify from any Sweepstakes it sponsors any person it believes has intentionally violated these official rules; and (ii) withdraw the entrants entry(ies) if it/they become mutilated, destroyed, damaged, and/or technically corrupted, (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Sweepstakes), and to select winners from among all other eligible entries received.
- Verification: The winning entries are subject to verification by Sponsor, whose decisions are final and binding. Only Official entries obtained via the method(s) delineated in Rule #2, hereto, shall be deemed to have been obtained legitimately. Sweepstakes entries which are distributed where prohibited by law or not obtained pursuant to official Sweepstakes rules and procedures will be null and void.
- Random Drawing/Selection of Winner: Winners will be selected in a random drawing from all eligible entries received. Random drawing will be conducted on or about November 23, 2020 under supervision of an independent judge whose decisions are final and binding. Winners will be notified by email, telephone, and/or mail, subject to the sole and exclusive discretion of the Sponsor. If winner is otherwise eligible under these Official Rules, but is nevertheless deemed a minor in his or her state of primary residence, the prize will be awarded in the name of winner’s parent or legal guardian who may be required to execute Affidavit on minor’s behalf.
Winners need not be present to win.
- Prize: There are a total of Twenty (20) Grand Prizes, with each Grand Prize consisting of one (1) voucher (one per person) that is redeemable for a free membership through the end of the year at any participating KickHouse location. Each voucher is only for the membership through December 31, 2020, and does not include lodging, food, beverages, general gratuities, travel, taxi, and the like. Each voucher must be redeemed by December 31, 2020. Memberships not redeemed before December 31, 2020 will be forfeited by the winner and the membership will not be reimbursed. The Approximate Retail Value of each Grand Prize is $240.00 US Dollars. Grand total ARV of all Sweepstakes Prizes = $4,800.00. Odds of winning are based on the total number of eligible entries received.
If a Prize winner chooses not to receive any portion of the Prize awarded, or fails to respond to the notification of being chosen, said portion of the prize will be forfeited without further compensation. Prizes have no redeemable cash value. Prizes are non-assignable and non-transferable except to a surviving spouse.
Prize winners are responsible for other options not expressly included and, if applicable, for registration fees and/or obtaining or maintaining a valid passport, as well as any and all applicable tax liabilities. Upon delivery of the Prizes to the winner, Sponsor will be deemed to have awarded the prizes to the Prize winner with the winner assuming full responsibility for the prize received.
- Winner’s List: For names of the Prize winners, send a stamped, self-addressed, #10 envelope to: 2020 Countdown Giveaway, 931 Lexington Dr, Rockwall, TX 75087, to be received by December 1, 2020.
- Choice of Law: Under no circumstances will entrants be permitted to obtain awards for, and entrants hereby waive all rights to claim punitive, incidental, special, or consequential damages, or any other damages, including attorneys’ fees, and entrants further waive all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrants and Sponsor in connection with this Sweepstakes, shall be governed by, and construed in accordance with, the substantive laws of the State of Texas, without regard to conflict of law principles, and by entering you consent to exclusive jurisdiction and venue in the courts of Texas, County of Rockwall.
- Legal Warning: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE OR INTERFERE WITH THE OPERATION OF THE SWEEPSTAKES, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS
AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
- Sponsor: The Sponsor of this Sweepstakes is KickHouse Fitness, LLC, 931 Lexington Dr, Rockwall, TX 75087.
You Have Not Yet Won. All entries have the same chance of winning. No one will know who the winners are until after the Sweepstakes ends.
Entry Is Free. No purchase necessary to enter. See the above rules on how to enter free.
Buying Won’t Help You Win. Chances of winning without a purchase are the same as the chances of someone who buys something.