OTF Convention 2019 Terms & Conditions

SO YOU THINK YOU CAN FOLLOW UP?

2019 Drive Social Media Contest Official Rules

NO PURCHASE NECESSARY. A purchase will not increase your chance of winning.

1. GENERAL DESCRIPTION OF CONTEST:

The “So You Think You Can Follow Up?” 2019 Drive Social Media Contest (the “Contest”) is designed to help Orangetheory Fitness franchisees (sometimes referred to as “studios”) improve their sales goals by focusing on following up on leads. One representative of each current studio is invited to participate in the Contest. Designated representatives are then invited to enter the Contest for an opportunity to receive one grand prize consisting of a trip for four to Cancun, Mexico.

2. ELIGIBILITY:

The Contest is open to individuals, during the Contest Period (defined below), are in the U.S. in Lawful Status as defined by 6 C.F.R. 37.3 (including U.S. citizens, lawful permanent residents, and those in valid nonimmigrant status), reside in any of the fifty (50) United States and the District of Columbia, are employed by an Orangetheory Fitness franchisee, and are authorized by a managerial-level employee of that franchisee to enter the Contest as the sole designated representative of that franchisee.

The Contest is void where prohibited by law. Employees of Sponsor (defined below), Ultimate Fitness Group, LLC d/g/a Orangetheory Fitness, and their parents, affiliates and subsidiaries, as well as the immediate family and household members of each, are ineligible. The Contest is subject to all applicable federal, state and local laws. Void where prohibited or restricted by law. Judges will be recused from judging entries submitted by employees of their organizations.

3. TIMING:

The Contest begins at 4 PM Central Time (“CT”) on August 13, 2019 and all entries must be received by 11:59 PM CT on September 15, 2019 (the “Contest Period”). Sponsor’s servers and clock shall serve as the official clock for the Contest and entrant’s proof of submission does not constitute proof of receipt by Sponsor.

4. SPONSOR:

Drive Social Media, LLC, 906 Olive Street, Suite 700, St. Louis, Missouri 63101.

5. AGREEMENT TO OFFICIAL RULES:

By participating in the Contest, entrants fully and unconditionally agree to and accept these Official Rules and the decisions of Sponsor, which are final and binding in all matters related to the Contest.

6. ENTRY METHOD, TIMING:

There is one way to enter. Qualified individuals must perform each of the following steps in order to be deemed to have entered the Contest:

During the Contest Period, go to [https://drivesocialnow.com/otfconvention2019/]. Follow the instructions provided. Entrants will be required to submit certain personal information including, but not limited to, the entrant’s name; email and mailing address; phone number; employer’s name, email and mailing address and phone number; and name of managerial-level employee at employer who authorized entrant’s participation in the Contest. Entrants also will be required to agree to be secret-shopped by Sponsor during the Contest Period.

1. Attend Sponsor’s Breakout Session at the Orangetheory Fitness Convention in September 24, 2019 in Austin, Texas.
2. During the Contest Period, submit to evaluation by Sponsor in connection with a secret shopper experience, pursuant to which Sponsor will submit a lead to entrant’s studio and, when entrant communicates with the lead, judge entrant’s performance based on the criteria set forth below.

Upon timely and proper completion of the above steps, one entry into the Contest will be provided to the entrant. Limit one entry per person and one entry per studio. No other methods of entry are acceptable.

All entries must be received by the end of the Contest Period. Entry materials will not be returned or acknowledged. Sponsor, Ultimate Fitness Group, LLC, judges, judges employers and their respective parents, subsidiaries, affiliates, licensor, licensees, contractors, distributors, suppliers, sales representatives, retailers, advertising or promotion agencies, and each of their respective shareholders, members, managers, officers, directors, employees, representatives and agents (collectively, the “Releases”) are not responsible for lost, late, damaged, incomplete, misdirected, unintelligible, returned, or undelivered entries or theft or destruction or unauthorized access to or alterations of entry materials, or for lost, interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), website, or other connections availability, accessibility or traffic congestion, miscommunication, failed computer, network, telephone, satellite or cable hard ware or software or lines, or technical failure, or jumbled, scrambled, delayed or misdirected transmissions, computer hardware or software malfunctions, failures or difficulties, or other errors of any kind whether human, mechanical, electronic or network.

Entrants’ secret shopper performance will be judged by Sponsor based on the following criteria: lead-follow up (40%), adhearance to corporate scripts and procedures (30%), overcoming objections (30%).

By entering the Contest, entrant grants Sponsor and its designees a non-exclusive, perpetual, royalty-free and worldwide license to record and use his or her performance and other entry materials in connection with the Contest and for training purposes. Pursuant to the license granted herein, entrant agrees that Sponsor and its designees shall have the right to use (including, without limitation, to edit, adapt, modify, reproduce, promote, display, distribute, perform, assign and otherwise use) his or her performance and other entry materials, without compensation or right of notice, review or approval, to conduct the Contest and for training purposes. If your studio’s submission is used for training, the entrant will not be identified to other owners and studios.

Entrants and entries that fail to comply with any of the provisions of these Official Rules will be disqualified.

7. PRIZE/VALUE/ODDS:

One (1) grand prize winner will be selected, consisting of a trip to Cancun, Mexico, for four individuals. The prize will include: (a) four (4) round trip coach class airfare selected by Sponsor for grand prize winner and three (3) guests between the major commercial airport closest to grand prize winner’s residence (as determined by Sponsor) and Cancun; and (b) five (5) day, four (4) night standard hotel accommodations at a hotel or resort selected by Sponsor (standard room, double occupancy) in Cancun. Winner must communicate preferred dates for the trip to Sponsor by October 31, 2019, and the trip must occur by March 31, 2020.

The approximate retail value (“ARV”) of the prize is $7,400.00.

The odds of winning will depend on the total number of eligible entries received.

8. PRIZE CONDITIONS:

Winner is solely responsible for any and all applicable federal, state, and local taxes (including income and withholding taxes). All expenses relating to acceptance and use of prize that are not explicitly listed herein as being awarded, including but not limited to travel expenses, airfare, transportation to/from airports and hotel/resort, meals, hotel incidentals, parking and payment of taxes, are the sole responsibility of the winner. The Sponsor (or a party acting on its behalf) must report the value of the prize to the IRS in the year the prize is received by the winner and will be reported to the winner and the IRS in the form of a Form 1099.

All elements of the prize must be used during the same trip and must be used on or before March 31, 2020. Prize redemption must be booked at least ninety (90) days prior to departure. Trip subject to availability and blackout dates.

Travel is subject to capacity controls, availability, weather, seasonal influences, and certain other restrictions, all of which are subject to change. Releasees are not responsible for any cancellations, delays, diversions or substitutions, or any act or omission whatsoever with respect to the prize. Releasees are not responsible for any mechanical difficulties or failure connected with the prize, or any act or omission whatsoever. No refund or compensation will be made in the event of the cancellation or delay of any flight.

Winner and his/her guests will be required to travel on identical itineraries including the same departure date and return date. Air transportation and hotel accommodations must be taken together and cannot be taken separately. Guests must stay in the same hotel room as winner.

Sponsor will not replace any lost or stolen tickets (including any event tickets or admission passes), travel vouchers or certificates or similar items once they are in the prize winner’s possession or in the possession of the guests.

Travel must be roundtrip. Sponsor will determine flight itinerary in its sole discretion. No changes will be made to travel details once any element(s) of the travel arrangements have been booked, except at Sponsor’s sole discretion. Airline tickets issued in conjunction with the prize are not eligible for upgrades, frequent flyer miles or any other benefit.

Winner and guests are solely responsible for obtaining any desired or necessary travel documents (including government-issued photo identification). Winner and guests hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance for any part of the Grand Prize.

It is the responsibility of the winner and his/her guest to arrive at the designated gateway airport(s) in time for each flight that is part of the prize. Travel is subject to the terms and conditions set forth in these Official Rules and those set forth by Sponsor’s travel prize supplier.

If the prize winner elects to travel or partake in the prize with less than three (3) guests, no additional compensation will be awarded to the winner. No division or substitution will be permitted. Additional terms, conditions and restrictions of prize providers may apply. Winner and guests are required to comply with all applicable policies, conditions and restrictions.

The prize is non-transferable and non-assignable, with no cash redemptions or substitutions. Further, Sponsor reserves the right to substitute the prize or any portion thereof with prizes of equal or greater value. Actual value of prize may vary. Winner will not receive difference between actual and approximate retail value.

No more than the above-stated number of prizes will be awarded. In the event that production, technical, seeding, programming, or administrative errors or any other reasons cause more than the stated number of prizes to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes to the stated number of winners by a random drawing among all legitimate, eligible prize claims.

Sponsor is not responsible for damage to a prize element or loss of a prize element after the prize has been claimed. Sponsor will not replace any lost, mutilated, or stolen travel vouchers or certificates.

WINNER ACKNOWLEDGES THAT PRIZE ELEMENTS ARE AWARDED AS-IS. SPONSOR MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LEGAL COMPLIANCE WITH RESPECT TO APPLICABLE LAWS OR NON-INFRINGEMENT AS REGARDS TO ANY PRIZE OR ANY COMPONENTS OF ANY PRIZE.

9. WINNER SELECTION:

Potential prize winner will be selected on or about September 15, 2019 from among all eligible entries by a judging panel made up of four (4) individuals with experience in digital marketing or Orangetheory sales or franchise development. The potential winner will be selected based on the entrant’s secret shopper performance in accordance with the above-described criteria. The criteria will be scored as follows: lead-follow up (40%), adhearance to corporate scripts and procedures (30%), overcoming objections (30%).

The decisions of the judging panel and Sponsor will be final.

ALL POTENTIAL WINNING ENTRIES ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING. AN ENTRANT IS NOT A WINNER OF ANY AWARD, UNLESS AND UNTIL ENTRANT’S ELIGIBILITY AND THE POTENTIAL WINNING ENTRY HAS BEEN VERIFIED, ALL NECESSARY DOCUMENTS HAVE BEEN RETURNED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. ANY ENTRY THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON IS DEEMED A DEFECTIVE ENTRY, IS VOID, AND WILL NOT BE HONORED.

10. WINNER NOTIFICATION:

Potential winner will be notified via telephone or email (based upon information provided with the entry materials) on or about September 21, 2019. Potential winner may be required to complete, sign, and return an Affidavit of Eligibility, Liability Release and (except where prohibited by law) Publicity Release, (collectively the “Release Documents”) within seven (7) days of award notification. In the event of noncompliance within the stated response times, potential winner may be disqualified and award may be forfeited and an alternate winner selected as set forth below. Any award notification or award returned to Sponsor or its agents as undeliverable may result in disqualification and the awarding of that award to an alternate winner as set forth below. If a potential winner cannot be reached, does not complete, sign and return the Release Documents by the designated time, fails to respond to any communications from Sponsor within seven (7) days, or is for any other reason deemed to be disqualified or ineligible, then that potential winner may forfeit the award and another potential winner may be selected from among all eligible entries received.

11. GENERAL TERMS & CONDITIONS:

Persons who tamper with or abuse any aspect of the Contest, or act in violation of the Official Rules, or act in any manner to threaten or abuse or harass any person, as solely determined by Sponsor, may be disqualified. Releasees are not responsible for any incorrect or inaccurate information whether caused by Internet users, tampering, hacking, or by any of the programming or equipment associated with or used in this Contest, and assumes no responsibility for any errors, omission, deletion, interruption or delay in operation or transmission or communication line failure, theft or destruction or unauthorized access. Releasees are not responsible for injury or damage to participants’ or any other person’s computer or property related to or resulting from participating in this Contest. Should any portion of the Contest be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in sole opinion of Sponsor, corrupt or impair administration, security, fairness or proper play of this Contest, or submission of entries, Sponsor reserves the right, in its sole discretion, to suspend, modify, or terminate the Contest, and distribute awards by an alternative judging process or random drawing based on valid entries received prior to the action taken, or otherwise as may be deemed fair and equitable by Sponsor. 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, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

By participating in the Contest or the acceptance or use of a prize, entrants hereby waive and release, and agree to indemnify, defend and hold harmless, the Releasees, from and against any losses, damages, rights, claim, or cause of action of any kind arising, in whole or in part, directly or indirectly, out of participation in the Contest or resulting directly or indirectly, from acceptance, possession, use, or misuse of any award provided in connection with the Contest, including, without limitation, personal injury, death, and/or property damage, as well as claims based on publicity rights, defamation, invasion of privacy, or any combination of the foregoing. If, for any reason, the entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another Contest entry, if it is possible. If the Contest, or any part of it, is discontinued for any reason, Sponsor, in its sole discretion, may distribute the prize by an alternative judging process or random drawing based on all eligible entries received up to the date of discontinuance.

As a condition of participating in this Contest, each entrant agrees that: (1) under no circumstances will the entrant be entitled or permitted to obtain awards for, and entrant expressly waives all rights to claim, punitive, incidental, and consequential damages, and any other damages, other than actual, out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased; (2) any and all disputes, claims, causes of action, and liability arising out of or connected in any way with this Contest shall be resolved individually, without resort to any form of class action, and exclusively by litigation conducted in the U.S. District Court for the Eastern District of Missouri, Eastern, or any state court located in the City of St. Louis, Missouri; and (3) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event shall attorney’s fees be recoverable by any party.

This Contest is subject to the laws of the State of Missouri and, where applicable, federal (USA) laws.

All information submitted by entrants is subject to Sponsor’s Privacy Policy accessible at: [https://drivesocialnow.com/privacy-policy/].

12. RULES REQUEST:

To obtain a hard copy of these Official Rules, send a self-addressed, stamped envelope requesting the same to: Rules Request for “So You Think You Can Follow Up” Contest, Drive Social Media, LLC, 906 Olive Street, Suite 700, St. Louis, Missouri 63101. All requests must be received by October 31, 2019.

13. WINNER CONFIRMATION:

For the name of the winners and their state of residence, send a self-addressed, stamped envelope requesting the same to: “So You Think You Can Follow Up” Contest, Drive Social Media, LLC, 906 Olive Street, Suite 700, St. Louis, Missouri 63101. All requests must be received by October 31, 2019.