Fabletics x Tough Mudder COMPETITION
OFFICIAL RULES FOR PROMOTION
Promoted by Tough Mudder, a subsidiary of Spartan Race UK Operations Limited and their affiliates, including Tough Mudder UK (collectively, “SR UK”).
PROMOTION IS VOID WHERE PROHIBITED. ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS APPLY. PROMOTION DOES NOT REQUIRE A PURCHASE OR PAYMENT TO ENTER OR WIN AND A PURCHASE OR PAYMENT WILL NOT INCREASE THE CHANCES OF WINNING.
By entering this promotion (each, a “Promotion”), you (the “Entrant”) accept and agree to these official rules (“Official Rules”) including all eligibility requirements, and decisions arising out of this Promotion by SR UK.
PROMOTION PERIOD
The Promotion begins on 3rd November 2021 at 12:00 p.m. Greenwich Mean Time (“GMT”) and ends on 9th November, 2021 at 11:59 a.m. GMT (the “Promotion Period”). SR UK may terminate, extend, or suspend the Promotion in its sole discretion.
HOW TO ENTER
At the start of the Promotion Period, eligible Entrants must submit their name and email address using the competition entry form on toughmudderae.wpengine.com.
ELIGIBILITY
THE PROMOTION IS INTENDED FOR ENTRY IN THE UNITED KINGDOM ONLY. Entrants must be at least eighteen (18) years of age at time of entry. The following are ineligible to enter the Promotion: Any individuals (including but not limited to employees, consultants, independent contractors, and interns) who have, within the past six (6) months, performed services for SR UK, any of the Sponsors, any organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Promotion or supplying the Prize, and their respective parent, subsidiary, affiliated and successor companies, and immediate family and household members of any such individuals. “Immediate family members” shall mean parents, step-parents, children, stepchildren, siblings, step-siblings, or spouses. “Household members” shall mean people who share the same residence at least three months a year.
WINNER SELECTION
The winner will be selected randomly within 7 days of the closing date.
Winners will be contacted via email and will be required to respond to confirm eligibility plus acceptance of the prize within 24 hours of initial contact. In the event a winner does not respond to communications within 24hours of initial contact, the Promoter reserves the right to disqualify that winner and allocate that prize to an alternative winner selected in the same manner.
PRIZE
The Winner shall win the following prize pack (collectively, the “Prize”). The value of the prize will be based on RRP. No offers or discounts can be included in product selection. Selection is based on stock availability, an alternative will be sent if the choice is unavailable. Bundles are not included.
ENTRIES
Entry into the Promotion is limited to one (1) entry per Entrant.
Any entry received in excess of such limitation will be deemed void. Any attempt by a person to use multiple email accounts to enter in excess of such limitations during the Promotion will be void. All entries must be received within the time period stated above to be eligible to win the Prize. Late and/or subsequent entries will be disqualified. All entries become the property of SR UK. Neither SR UK, the Sponsor, any organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Promotion and their respective affiliates, employees, officers, directors and/or members of each assume any responsibility for late, lost, illegible, misdirected or undelivered entries. Entries will not be returned. SR UK reserves the right to edit and/or alter any submission and use it for any Promotion purpose, but have no obligation to use entries in any manner.
For purposes of these Official Rules, “receipt” of an entry only occurs when the SR UK’s servers record an Entrant’s registration information and entry during the Promotion Period, and the SR UK and its affiliates shall have no liability whatsoever for any attempted entry which is not received as set forth herein. Screen shots, printouts or other purported “proof” or “evidence” of entry or winning, in lieu of SR UK’s validation process, shall not be binding. Proof of sending (such as an automated receipt, screen shots, etc.) does not constitute proof of actual receipt of an entry for purposes of these Official Rules.
PRIZE DETAILS
PLEASE NOTE THAT EVEN IF ENTRANT IS LISTED AS A POTENTIAL WINNER AT THE CLOSE OF THIS PROMOTION, ENTRANT HAS NOT YET WON THE PRIZE. EACH POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY SR UK, AND MUST MEET ALL ELIGIBILITY REQUIREMENTS AND THE TERMS OF THESE OFFICIAL RULES BEFORE AN ENTRANT WILL BE CONFIRMED AS A WINNER AND THE PRIZE WILL BE AWARDED.
No substitutions, cash equivalents, or transfer of the Prize is permitted except at the sole discretion of SR UK and Sponsors who reserves the right to substitute the Prize (or portion thereof) with one of equal or greater value. The Prize includes only what is specified in the Prize description. SR UK makes no representation or warranty that the Prize can be sold, bartered, or traded for or at stated values. Values are subject to market conditions, which can fluctuate. The Prize will be provided at a date, time and location determined in the sole discretion of SR UK. The Prize is awarded subject to applicable legal restrictions, if any, and “AS IS, WHERE IS” without any warranty or guaranty (express or implied), except that which may be provided by the producer or supplier of the Prize. Specifics of the Prize are at SR UK’s sole discretion. All decisions are final on all matters relating to the awarding of the Prize and Promotion.
The Winner must not be under any legal impediment that would prevent the Winner from accepting the Prize, and must be able to accept the Prize on the date or dates specified by SR UK. Otherwise, the Prize will be forfeited and SR UK may select an alternate winner, at its discretion, in a manner comparable to the selection of the original Winner.
Any and all costs and expenses associated with Prize acceptance and use are the sole responsibility of the Winner, including, without limitation, all federal, state, local and provincial taxes, transportation and meals, lodging, gratuities, and souvenirs, and all registration, license, permit fees and similar surcharges, and all other expenses of any nature incurred by the Winner in claiming the Prize.
INTELLECTUAL PROPERTY
All Promotion submissions must be original, unpublished and created by the individual entering such submissions, and must not contain any third party material unless permission to use material(s) has been granted by such third party and all necessary consents and permissions directly or indirectly related to the Promotion submission and its use have been obtained, and that neither the Promotion submission nor its use infringes or violates any third party’s copyrighted material, trademark or other legal or intellectual property rights. Upon SR UK actual knowledge that any submission material is infringing a third party’s intellectual property or other proprietary rights, the entry will be immediately disqualified, and, if applicable, the material will be immediately removed from any posted areas.
WINNER NOTIFICATION & REQUIRED DOCUMENTS
The Winner will be notified within a commercially reasonable time following the conclusion of the Promotion, in accordance with all applicable law. SR UK shall use such effort as, in its sole discretion, it deems reasonable to notify the Winner of the award of the Prize. In order to receive the Prize, Winner will be required to furnish proof of Promotion eligibility and identity. Winner must immediately claim the Prize and return to SR UK any documentation required by SR UK, including a Confirmation, Release and Indemnity in the form(s) provided by SR UK, within twenty four (24) hours of notification. Otherwise, the Prize may be forfeited. If the Prize award notification is not effective or a Winner fails to claim the Prize or return the required documents, SR UK reserves the right to select an alternate winner utilizing the same selection method from the remaining eligible Entrants for the Promotion. SR UK decisions concerning selection of the Winner, as well as all other matters relating to any Promotion, are final and binding.
Personal information collected by SR UK will be used for administration of the Promotion. Winner’s personal information may be provided to Sponsors for the sole purpose of prize fulfilment. Entrants may also be contacted immediately or in the future by SR UK with respect to available promotional opportunities. In addition, Entrants may receive commercial advertising email correspondence from, or on behalf of, SR UK or its affiliated entities, subject to their respective Privacy Policies, as applicable. SR UK uses reasonable commercial efforts to comply with applicable email correspondence laws and guidelines, and Entrants may subsequently opt-out of receiving further emails by following the opt-out instructions contained in such email correspondence. Any questions regarding privacy matters of SR UK should be directed to SR UK at the address set out below. Please refer to the SR UK Privacy Policy located at https://toughmudder.com/privacy-policy for important information regarding the collection, use and disclosure of personal information.
PUBLICITY
To the extent permitted by law, each Entrant agrees that entry in the Promotion constitutes permission, in perpetuity, that SR, and each Sponsor, and each of their respective affiliates, employees, officers, directors and/or members may use worldwide the Entrant’s identity, name, image, likeness and biographical information, as well as any materials submitted by the Entrant in any media, now or hereafter developed of Entrant’s participation in the Promotion, for any purpose, including, but not limited to, publicity, promotional and advertising purposes related to such parties without any additional consideration or any compensation of any kind.
RELEASE
As a condition of entering the Promotion, Entrant agrees that: (1) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental, consequential or any other damages, other than for actual out-of-pocket expenses; (2) all causes of action arising out of or connected with any Promotion, or the Prize awarded, shall be resolved individually, without resort to any form of class action; and (3) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorney’s fees.
LIABILITY
EACH ENTRANT: (1) ACKNOWLEDGES ACCEPTANCE OF THE OFFICIAL RULES AND AGREES TO ADHERE TO AND BE BOUND BY THEM; (2) ASSUMES ALL RISK, RESPONSIBILITY, AND LIABILITY FOR ANY PERSONAL BODILY INJURY OR DEATH OR ANY DAMAGE OR LOSS OF PROPERTY, INCLUDING ANY BODILY INJURY OR DEATH TO ANOTHER PERSON, DIRECTLY OR INDIRECTLY ARISING FROM PARTICIPATION IN THE PROMOTION; AND (3) AGREES TO RELEASE, DISCHARGE, INDEMNIFY AND HOLD HARMLESS SR UK, THE SPONSOR, AND EACH OF THEIR RESPECTIVE AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS AND/OR MEMBERS (“RELEASED PARTIES”), THEIR SUCCESSORS AND ASSIGNS, FROM AND AGAINST ALL CLAIMS, LOSSES AND DAMAGES TO PROPERTY OR PERSON, INCLUDING DEATH, INCURRED OR CAUSED BY ENTRANT OR ENTRANT’S REPRESENTATIVES, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, ARISING FROM OR IN CONNECTION WITH OR RELATED TO THE OPERATION OF, OR PARTICIPATION IN, THE PROMOTION INCLUDING USE OF THE PRIZE.
SR UK is not responsible for any printing, distribution or production errors and may rescind, cancel or revoke the Promotion based upon any such error without liability at SR UK’s sole discretion. In the event that an error occurs and more than the designated number of Prizes are claimed the designated number of Prizes will be awarded in a second chance drawing from among eligible Entrants.
Notwithstanding anything to the contrary, Entrant agrees and acknowledges that those Sponsors listed herein shall be solely responsible for the awarding of those portions of the Prize not related to a Tough Mudder event pass and Entrant shall not hold SR UK responsible for any causes of actions related to such portions of the Prize in any circumstance.
GENERAL
The Promotion is conducted in the English language and SR UK shall not be responsible for any printing, typographical, administrative, or technological errors in the offer, presentation or administration of the Promotion. The application and interpretation of the Official Rules, the award of the Prize, and selection of the Winner shall be determined by the representatives of SR UK, and all decisions in that regard shall be in the sole discretion of such representatives and shall be final and conclusive. Entrants agree that in the event a legal authority, any Sponsor or insurer challenges the award of the Prize, SR UK shall have the sole right to determine whether or not to award such Prize.
SR UK is not responsible for any inability to conduct the Promotion or award the Prize as a result of any act of God, labor stoppage strike, or lock out, or other reason beyond the control of SR UK.
SR UK reserves the right, in its sole discretion, to disqualify any Entrant for suspected or actual cheating and to prevent any person from participating in the Promotion or in the Prize award if that person does not adhere to the Official Rules or acts: (a) in a manner that SR UK determines to be not fair; (b) with an intent to annoy, threaten or harass any other person or the RELEASED PARTIES; or (c) in any other disruptive manner.
Under no circumstances shall a submission into the Promotion, the awarding of the Prize, or anything in these Official Rules be construed as an offer or contract of employment with SR UK. Entrants acknowledge that their submission was voluntary and not in confidence or in trust. Entrants acknowledge that no confidential, fiduciary, agency or other relationship or implied-in-fact contract now exists between Entrant and SR UK and that no such relationship is established by Entrant’s submission under these Official Rules.
INTERNET
If for any reason this Promotion is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of SR UK which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, SR UK reserves the right, at its sole discretion, to disqualify any individual who tampers with the entry process and to cancel, terminate, or suspend the Promotion, in whole or in part, at any time, without notice and award the Prize using all non-suspect eligible entries received as of this termination date. SR UK assumes no responsibility for (i) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of entries, (ii) any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers or providers, computer equipment, software, failure of any e-mail or entry on account of technical problems, human error or traffic congestion on the Internet or at any website or any combination thereof, including any injury or damage to Entrant’s or any other person’s computer relating to or resulting from participation in this Promotion or downloading or uploading any materials in connection with this Promotion.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY ONLINE MEDIA OR WEBSITE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS OR THE ONLINE MEDIA RULES AND REGULATIONS AND, SHOULD SUCH AN ATTEMPT BE MADE, SR UK RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
INQUIRIES & WINNER
Address all inquiries regarding the Promotion to:
Spartan UK & Ireland
36-37 Albert Embankment
London
SE1 7TL
The identity of the Winner may be obtained by sending a request to the address above within thirty (30) days of the end of the Promotion and by including a self-addressed postage paid (UK postage only) envelope.
