Terms and Conditions
Fitbit Virtual 7 Million Active Minutes Challenge and Prize Draw
Terms and Conditions
29th April – 5Th May 2019
Iron Fran powered by Fitbit: 7 million active minutes challenge for Cancer Research UK (“Challenge”)
Your chance to win a Fitbit prize bundle worth £1,000
- The Challenge and Prize Draw are intended for residents of the United Kingdom, including Northern Ireland (“UK”) only and shall only be construed and evaluated according to English law.
- Please do not enter the Challenge or Prize Draw if you do not, or cannot, comply with entry criteria detailed below.
- Entry to Challenge and the Prize Draw is deemed acceptance of these terms and conditions (collectively, the “Terms and Conditions”).
- By participating in the Challenge and/or Prize Draw, you agree you are doing so at your own risk and will exercise within your own capabilities.
DETAILS AND ENTRY PERIOD
- The promoter of the Challenge and Prize Draw is Fitbit International Limited, whose registered office is at 76 Lower Baggot Street, Dublin 2, Ireland (“Fitbit”).
- In collaboration with Cancer Research UK (“CRUK”) and Francis Benali (“Fran”), Fitbit has launched the Challenge and Prize Draw commencing at 00:01am BST, 29th April 2019 and ending 11:59pm BST 5th May 2019.
- The Challenge and Prize Draw are open only to legal UK residents who are:
- age 18 or older at the date of entry; and
- resident in the UK during the Entry Period (defined below) (“Entrants”).
- The following people are excluded from participating in the Challenge or Prize Draw:
- employees or volunteers of Fitbit, CRUK, Fran or of the holding or subsidiary companies thereof;
- employees or volunteers of agents or suppliers of Fitbit, CRUK, Fran and his team, or the holding or subsidiary companies of thereof, who are professionally connected with the /or Prize Draw or its administration; or
- members of the immediate families or households of (a) and (b) above.
- Participation will be void anywhere else outside the UK. To participate, you will need an internet connection.
- No purchase is necessary and there is no charge to register for use of the websites, which are located at fitbit.com and www.fitbitforironfran.co.uk (“Sites”).
- Entry to the Challenge and Prize Draw will be permitted from, 00:01am BST, 17th April 2019 and ending 11:59pm BST 5th May 2019 (“Entry Period”) as further detailed below.
- The Challenge will take place between 00:01am BST 29th April and 11:59pm BST 5th May 2019 (“Challenge Period”).
- The Prize Draw will take place once on each day during the Challenge Period.
HOW TO ENTER
- Challenge: In order to be eligible to participate in the Challenge, you must have a Fitbit device and be registered as s Fitbit user. Fitbit users must visit the Site and follow the directions to successfully complete the sign-up process for the Challenge during the Entry Period.
- Prize Draw: To enter the Prize Draw, during the Entry Period, Entrants must complete their entry via one of these two Entry methods:
- For Fitbit users: (i) register your Fitbit to join the Challenge; and (ii) answer the Prize Draw entry question correctly; or
- For non-Fitbit users: answer the Prize Draw entry question correctly
each, an (“Entry”).
- By submitting an Entry, you acknowledge and agree that:
- your name, image, town, county or country may be posted on Fitbit’s websites and social media sites;
- your submission is voluntary and made without restriction; and
- your Entry will not place Fitbit under any obligation outside of these Terms and Conditions.
- Each Entry must be fully completed and received by Fitbit during the Entry Period. Any Entries made after this time will not be accepted.
- ONLY ONE (1) ENTRY PER PERSON WILL BE PERMITTED. MULTIPLE ENTRIES BY THE SAME INDIVIDUAL USING DIFFERENT EMAIL AND/OR FITBIT ACCOUNTS MAY DISQUALIFY THE ENTRANT AND ANY OF HIS/HER ENTRIES.
WINNER SELECTION AND PRIZE DETAILS
- Fitbit and/or its designee(s) will select, by random number generator from all eligible Entries, one (1) winner per day for a total of seven (7) winners over the Challenge Period, each (“a Winner”), who will each receive one Fitbit prize bundle pack containing:
- One (1) Fitbit Ionic (with an approximate retail value of £279.99);
- One (1) Fitbit Versa (with an approximate retail value of £199.99);
- One (1) Fitbit Versa Lite (with an approximate retail value of £149.99);
- One (1) Fitbit Charge 3 (with an approximate retail value of £129.99);
- One (1) Fitbit Aria 2 scale (with an approximate retail value of £119.99);
- One (1) pair of Fitbit Flyer headphones (with an approximate retail value of £109.99); and
- One (1) classic Versa accessory band (with an approximate retail value of £24.99)
together (a “Prize”).
- Each Prize has an approximate retail value of £1,014.93 and all seven (7) Prizes together total an approximate retail value of £7,104.51.
- Selection of Winners will occur at Fitbit’s place of business made by a random number generator each day of the Challenge Period as set out below and all Winners will be notified as of May 12th, 2019:
- 29th April, 2019: Day 1 Prize Draw
- 30th April, 2019: Day 2 Prize Draw
- 1st May, 2019: Day 3 Prize Draw
- 2nd May, 2019: Day 4 Prize Draw
- 3rd May, 2019: Day 5 Prize Draw
- 4th May, 2019: Day 6 Prize Draw
- 5th May, 2019: Day 7 Prize Draw
- Chances of being selected as a Winner are dependent on the total number of Entries received, and total number of prizes made available. Becoming a Winner is subject to validation and verification of eligibility and compliance with these Terms and Conditions.
- Colours and sizes of the Prizes shall be determined by Fitbit in its sole discretion based on availability.
- Once a Winner has been selected for a day of the Prize Draw, that Winner shall not be eligible to win a Prize in a subsequent day’s draw.
- All expenses not specifically set forth herein are the Winners’ sole responsibility.
- No substitution, cash redemption or transfer of prize is permitted except at Fitbit’s sole discretion. Fitbit accessories are not included in the Prize. If a Prize, or any portion thereof, cannot be awarded for any reason, Fitbit reserves the right to substitute the Prize with another prize of equal or greater value.
- Any portion of a Prize not accepted by the Winner shall be forfeited. Prizes will be awarded only to an address within the UK. The Winner is solely responsible for any taxes on the Prize. Prizes may be subject to their own terms and conditions.
- Automated entries are prohibited, and any use of automated devices will cause disqualification. Entries which are incomplete, incorrect, incomprehensible, not received, or do not otherwise comply with these Terms and Conditions will not be entered into the Prize Draw.
CLAIMING YOUR PRIZE
- Each Winner will be notified via their respective email address connection to their Fitbit account or the email address used to sign up for the Prize Draw, if different, no later than May 12th, 2019. Follow up prize correspondence will take place through certified postal mail or e-mail with Fitbit and/or Fitbit’s affiliated companies.
- Neither Fitbit, CRUK or Fran is responsible for any change in the Entrant’s mailing address, email address, Fitbit account information or phone number. If any prize correspondence (including e-mail) is returned as non-deliverable, or if no reply is received from the Winner, or if a Winner is otherwise disqualified for any reason, the prize will be forfeited, and an alternative Winner will be selected. Unclaimed Prizes will not be awarded.
- Fitbit will attempt to get in touch with each Winner no more than twice. Should a Winner not respond to Fitbit within five (5) days of the second notification, they shall automatically forfeit the Prize and an alternative Winner will be selected at random. Winners may be required to complete, sign and return an affidavit/declaration of eligibility/liability Release, where lawful, within five (5) days of attempted notification or the Prize may be forfeited, and an alternate winner selected. If no documentation is required by Fitbit, the Prize will be shipped within 6-8 weeks of each Prize Draw date.
- By submitting an Entry, you acknowledge and agree that your name, image, likeness, town, county and/or country, and any and all photo, audio, video and other materials included in or with the Entry, may be used to announce the Winners and for any other reasonable and related promotional purposes, including being posted on Fitbit’s websites and social media sites.
- The names and counties/towns of the Winners will be available for one month after the Prize Draw closing date. If you wish to find out the identity of the Winners please send a stamped addressed envelope to: WINNERS, Iron Fran Challenge, Marketing Department, Fitbit, 76 Lower Baggot Street, Dublin 2, Ireland.
- Submission of an Entry grants Fitbit, and its agents, an unlimited, worldwide, perpetual, license and right to publish, use, adapt, edit and/or modify the Entry, including your Photo or Video in any way, in any and all media, without limitation, and without consideration to you, whether or not such submission is selected as a winning entry. By submitting an Entry, you agree that Fitbit is free to disclose or otherwise share the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your submission, Fitbit does not waive any rights to use similar or related ideas previously known to Fitbit, or developed by its employees, or obtained from sources other than you.
- By participating, Entrants agree to these Terms and Conditions, and to Fitbit’s decisions, which are final and binding in all respects.
LIMITATIONS OF LIABILITY AND RELEASE:
- Fitbit, CRUK, Fran and their respective parents, affiliates, subsidiaries and advertising and promotion agencies and all of their officers, directors, agents and employees (collectively, “Released Parties”) are not responsible for errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the /or Prize Draw, including, without limitation, errors or difficulties which may occur in connection with the administration of the /or Prize Draw, the processing of registrations or distance taken, the tabulation of distance taken, the tracking of shares on social media or in any /or Prize Draw related materials.
- By entering, Entrants agree (and agree to confirm in writing) that:
- you (and any other individual appearing in the Entry) are at least eighteen (18) years of age and have the full right and legal capacity to participate and are not a party to any agreement that would condition or restrict your ability to participate;
- you are the sole and exclusive owner of the Entry (or, to the extent the Entry contains any third-party photo, audio, video, or other materials, you have obtained all applicable rights, licenses and permissions necessary to provide such material with the Entry) and
- you have the right and power to perform his or her obligations as set forth in this document and to grant rights herein contained.
- The Entry must not infringe third-party rights; must be suitable for publication (i.e., may not be obscene or indecent); must not contain obscene or pornographic material; cannot be sexually explicit or suggestive, profane or pornographic, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message; cannot be offensive, endorse any form of hate or hate group; cannot defame, misrepresent or contain disparaging remarks about Fitbit or its products, or other people, products or companies; cannot communicate messages or images inconsistent with the positive images and/or goodwill with which Fitbit wishes to associate; may not invade privacy or other rights of any person, firm or entity; may not in any other way violate any applicable law or regulation; may not contain any reference to any third party trademarks, names or third party logos (other than as owned by or licensed to the Entrant) or any copyrighted components (other than as owned by the Entrant); and cannot contain any personal identification, such as licence plate numbers, personal names, e-mail addresses or street addresses. Entries containing any such prohibited content and/or otherwise deemed by Fitbit, in its sole discretion, to be inappropriate will be disqualified. Fitbit makes the final determination as to what Entries are eligible to take part in this Prize Draw.
- Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by tampering, hacking, or by any equipment or programming associated with or utilized in the /or Prize Draw. Persons who tamper with or abuse any aspect of the /or Prize Draw, who are in violation of these terms or who act in an unsportsmanlike or disruptive manner, in each case as solely determined by Fitbit, will be disqualified. Should any portion of the /or Prize Draw in Fitbit’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Fitbit, corrupt or impair the administration or security of the /or Prize Draw, Fitbit reserves the right at its sole discretion to suspend, modify or terminate the /or Prize Draw.
- By participating, Entrants agree that Released Parties will have no liability whatsoever for, any liability for any injuries, losses or damages of any kind (“Losses”), to persons, or property resulting in whole or in part, directly or indirectly, from participation in the /or Prize Draw, save that liability shall not be limited or excluded for death or personal injury caused by negligence, or for any other liability which cannot be excluded by law.
- The Prize Draw are offered only in the UK and are governed by the laws of England without regard to conflicts of laws principles. All claims must be resolved by arbitration before JAMS/ENDISPUTE in London, UK.
- Any questions, comments, or complaints regarding the Prize Draw should be directed to Fitbit here: http://help.fitbit.com/