WORKOUT & WIN CONTEST
NO PURCHASE REQUIRED TO ENTER OR WIN
Browns Fit Workout and Win Contest (the “Contest”) is open only to entrants who are legal residents of the United States who are 18 years of age or older. Entrants must be located in one of the 50 United States or the District of Columbia to be eligible. Employees of the National Football League, its member clubs, including without limitation, the Sponsor, NFL Ventures, Inc., NFL Ventures, L.P., NFL Properties LLC, and each of their respective parents, subsidiaries, affiliates, shareholders, officers, directors, agents, representatives and employees (collectively, the “NFL Entities”) or other companies associated with the promotion of the Contest, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. The Contest is subject to federal, state, and local laws and regulations and is void in Puerto Rico and where prohibited.
The Contest is sponsored by M6 Browns LLC (the “Sponsor”).
3. AGREEMENT TO OFFICIAL RULES:
Participation in the Contest constitutes entrant’s full and unconditional agreement to and acceptance of these official rules (“Official Rules”) and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein.
4. ENTRY PERIOD:
The Contest runs from 5:00am CT on Thursday, April 1, 2021 until 5:00pm CT on Friday, April 30, 2021 (the “Entry Period”). Entries that are submitted before or after the Entry Period will be disqualified. Notwithstanding the foregoing, the Entry Period shall close once all Prizes are claimed (i.e., once all winners have been determined).
5. HOW TO ENTER:
There is no purchase necessary to enter or win.
TO ENTER, AN ENTRANT MUST DO ONE OF THE FOLLOWING: (1) REFER A FRIEND TO BROWNS FIT; (2) COMPLETE A WORKOUT AT BROWNS FIT; (3) COMPLETE A PERSONAL TRAINING SESSION; (4) TAKE A FITNESS ASSESSMENT; (5) PARTICIPATE IN A GROUP FITNESS CLASS; OR (5) BRING A GUEST TO BROWNS FIT, AND FILL OUT AN ENTER TO WIN SLIP AND PLACE IN COLLECTION CONTAINER.
SPONSOR IS NOT RESPONSIBLE FOR ANY TECHNICAL, NETWORK OR OTHER ISSUES OR ERRORS RESULTING IN ANY ENTRANT’S INABILITY TO COMPLETE THE ENTRY, WHETHER OR NOT SUCH ISSUES OR ERRORS ARISE FROM THE APP.
6. SELECTION CRITERIA:
The Sponsor will select one (1) winner. If a potential winner cannot be reached at time of first contact or is not eligible or does not wish to accept the Prize (as defined below), the Sponsor may disqualify that potential winner and select an alternate potential winner in his/her place from the remaining entries received.
IN THE EVENT OF A “TIE” BETWEEN OR AMONG TWO OR MORE ENTRANTS, THE SPONSOR SHALL BE ENTITLED TO DETERMINE THE ORDER OF WINNERS IN ITS SOLE DISCRETION, INCLUDING (BUT NOT LIMITED TO) BY WAY OF A COIN FLIP, DRAWING LOTS OR OTHER SIMILAR METHOD.
7. REPRESENTATIONS AND WARRANTIES:
By participating in the Contest, entrant each agree to the rules herein and represent and warrant that his or her submission does not defame or invade the rights or privacy of any person, living or deceased, or otherwise infringe upon any third party’s personal or proprietary rights.
8. REQUIREMENTS OF POTENTIAL WINNERS:
A potential winner may be required to complete and return an affidavit of eligibility and liability/publicity release (the “Affidavit/Release”) where permitted by law within forty-eight (48) hours of being notified. If a potential winner fails to sign and return the Affidavit/Release within the required time period, he/she will be disqualified and an alternate entrant may be selected in his/her place.
There shall be a total of one (1) winner and a total of one (1) mini helmet signed by Myles Garrett prize.
10. PRIVACY AND PUBLICITY:
11. GENERAL CONDITIONS:
In the event that the operation, security, or administration of the Contest is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, the Sponsor may, in its sole discretion, either (a) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules or (b) award the prize from among the eligible entries received up to the time of the impairment in accordance with the criteria outlined in Section 6. The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision.
12. RELEASE AND LIMITATIONS OF LIABILITY:
By participating in the Contest, entrants agree to release and hold harmless the Sponsor, the NFL Entities, and each of their parent, officers, directors, employees, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Contest or receipt or use of any prize, including, but not limited to: (a) any error that may prevent an entrant from submitting an entry; (b) unauthorized human intervention in the Contest; (c) printing errors; (d) lost or late entries; (e) errors in the administration of the Contest or the processing of entries; (f) alleged or actual violations of rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional; (g) telephone, electronic, hardware, software, network, Internet, or other computer- or communications-related malfunctions or failures; or (h) injury, death, or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt of any prize, whether under a theory of contract, tort (including negligence), warranty or other theory. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Contest, and in no event shall the Released Parties be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
13. IF ENTRANT IS A CALIFORNIA RESIDENT, ENTRANT WAIVES CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY” (OR ANY EQUIVALENT STATUTORY PROVISION WITH A SIMILAR IMPORT OR INTENT). IF ENTRANT IS A RESIDENT OF A STATE OTHER THAN CALIFORNIA, ENTRANT EXPLICITLY WAIVES THE TERMS AND PROTECTIONS OF ANY STATUTE OF HIS/HER STATE THAT HAS A SIMILAR IMPORT OR INTENT.
EXCEPT WHERE PROHIBITED, any controversy, claim or dispute arising out of this Contest (including without limitation any controversy, claim or dispute arising from entrant’s dealings with third-party sponsors for products and/or services promoted in, awarded in, linked or otherwise associated with the Contest (each such third-party sponsor, a “Third Party Sponsor”)) (collectively, “Claims”) shall be resolved by final and binding arbitration. Such arbitration shall take place in Cleveland,OH, and shall be administered by a single arbitrator pursuant to the JAMS Comprehensive Arbitration Rules and Procedures. The Contest shall be governed under the laws of the State of California, without regarding to conflicts of law principles to the contrary. In order to keep costs down for both Sponsor and entrant, hearings may, at Sponsor’s request, be conducted telephonically or entirely upon submissions. Entrant expressly consents to the exercise of jurisdiction and venue by the state and federal courts located in Cleveland, OH. In addition to the above, entrant waives the right to bring any Claim as a class action, consolidated, multi-district or collective action, or private attorney general action. Entrant also agrees not to participate in any class action, consolidated, multi-district or collective action, or private attorney general action regarding any Claim. If Sponsor prevails in any arbitration or proceeding hereunder, Sponsor shall be entitled to recover, in addition to all other available legal and equitable relief, its legal costs, including attorneys’ fees. Entrant acknowledges and agrees that each Third Party Sponsor will be deemed a “Sponsor” and a third-party beneficiary of the terms and conditions set forth in this paragraph.
15. CONTEST RESULTS:
To request a winners list, send a self-addressed, stamped envelope to: BROWNS FIT, 1111 WEST 10TH STREET, 2ND FLOOR, CLEVELAND, OH 4413. Requests must be received within three (3) weeks of the end of the Entry Period. VT residents omit postage.
These Official Rules for the Contest are severable, and if any portion is determined invalid or unenforceable by a body of competent jurisdiction, the remaining portions will remain valid, enforceable and in effect to the fullest extent consistent with applicable law.