THE FLYWHEEL LACTAID® SWEEPSTAKES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING THE SWEEPSTAKES PRIZE. VOID WHERE PROHIBITED.
1. Sweepstakes Period: The Flywheel LACTAID® Sweepstakes (the “Sweepstakes”) begins at 12:00 PM Eastern Time (“ET”) on April 26, 2018 and ends at 11:59 PM ET on May 26, 2018 (the “Sweepstakes Period”). The Sponsor’s clock will serve as the official “timekeeper” of this Sweepstakes.
2. Eligibility: The Sweepstakes is open to legal residents of the 50 United States and the District of Columbia who are 18 years of age or older as of date of Entry (“Entrants”). Employees of Flywheel Sports, Inc. (“Sponsor”), Don Jagoda Associates, Inc. (“Administrator”), McNeil Nutritionals, LLC (“Prize Distributor”) and each of their respective parents, subsidiaries, divisions, affiliates, advertising and promotion agencies along with officers, directors, owners, members, agents and employees of each of them (“Sweepstakes Entities”) and the immediate family members of their employees (parent, child, spouse or sibling and their respective spouses, regardless of where they reside), or those residing in the same household are not eligible. Void where prohibited by law. All federal, state, and local laws and regulations apply.
3. How to Enter: Entrants may enter the Sweepstakes in three (3) different ways.
Limit of one (1) Entry per person for each of the entry methods listed in 3a, 3b and 3c. The maximum number of Entries per person via any/all social channels is three (3). To result in receipt of Entry, caption and photo must be submitted together, at the same time. If Entrant’s photo depicts any individuals other than themselves, they must have received permission from that person to enter such photo. If Entrant’s caption references any individuals other than Entrant themselves, Entrant must have received permission from that person to enter such caption. If a minor is depicted/referenced, Entrant must be the parent or legal guardian of that child. Re-tweets, direct messages, re-grams and shares will not result in Entries into the Sweepstakes. In addition, all Entries must be unique and relevant to the theme of the Sweepstakes. By submitting an Entry during the Sweepstakes Period via one (or more) of these social channels, Entrant acknowledges that Entrant is 18 years of age or older (as of the date of Entry) and Entrant has read and agreed to these Official Rules. Any Entry or portion thereof that is, in Sponsor’s sole discretion, contains any third-party materials (other than those referencing the Prize Distributor or anything owned by Sponsor) or otherwise violates or infringes (or may infringe) any copyright, trademark, logo, mark that identifies a brand or other proprietary right of any person (living or deceased) or entity or makes reference to any commercial/corporate advertising (including but not limited to corporate logos, brand/player names, slogans, political, or religious statements), or is otherwise objectionable, will not be accepted (and, such posted content will be removed by Sponsor, subject to any approval required by the applicable social channel) and may disqualify the Entrant. Any Entry deemed inappropriate or containing unsuitable material, in Sponsor’s sole discretion will be disqualified. Entry must be the original work of the Entrant and must not have been submitted in a previous promotion. By entering via Twitter, Instagram or Facebook, Entrant grants the Sponsor and its designees the non-exclusive, perpetual, worldwide, royalty-free, transferable, sublicensable right and license to use, edit, reformat and promote Entrant’s Entry (subject only to those rights expressly retained by Twitter, Instagram and Facebook, as applicable) for promotional, advertising, commercial or other lawful purposes in any medium (whether now known or hereafter devised) in their sole discretion, without compensation of any kind or prior notice to Entrant. Entrant also waives any “moral rights of authors” or similar natural rights of ownership in their Entry. Entrant further agrees, upon Sponsor’s request and without compensation of any kind, to sign any additional documentation that Sponsor and its designees may require so as to perfect, effect or record the foregoing grant of rights in Entrant’s Entry. ENTRIES REPRESENT SOLELY THE VIEWS AND OPINIONS OF ENTRANT, NOT THOSE OF SPONSOR. SPONSOR EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONJUNCTION WITH REVIEWING, MODERATING OR MONITORING ENTRIES. SPONSOR WILL NOT MODIFY ENTRIES IN CONJUNCTION WITH OFFERING THE SWEEPSTAKES. Any Entry or portion thereof that is, in the Sponsor’s sole discretion, obscene, profane, lewd, defamatory or violates any proprietary right of any person living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light) or entity, sexual in nature, is otherwise objectionable, or disparages Sponsor, or the Prize Distributor will disqualify the Entry as determined in Sponsor’s sole discretion. Entry must be in keeping with Sponsor’s image and may not be offensive, as determined by Sponsor in its sole discretion. If Entrant enters using their mobile device, standard data rates may apply. See wireless provider for pricing plan details. Wireless service may not be available in all areas. The information Entrant provides will only be used in connection with this Sweepstakes or in connection with promotional or other activities of the Sweepstakes Entities. All Entries become the sole property of the Sponsor and will not be returned. Receipt of entries may be acknowledged, but such acknowledgment is not binding upon Sponsor or Administrator. The re-posting of Entry (and, in the case of Facebook, the maintenance of Entry on the Flywheel page) by Sponsor does not constitute any representation of eligibility or notification of selection of Entry as the Grand Prize winner in the Sweepstakes. Entries will not be judged but must comply with the Entry Requirements and these Official Rules, in the sole determination of Sponsor/Administrator. Any attempt by any Entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void such entries and that Entrant may be disqualified. Use of any automated or computer system to participate is prohibited and will result in disqualification. Normal Internet access and data/usage charges may apply. All Entries must be submitted by 11:59 PM ET on May 26, 2018 to be eligible for the random drawing.
4. Random Drawing: One (1) Grand Prize winner will be selected in a random drawing on or about May 29, 2018 from among all eligible Entries received for the Sweepstakes Period. Random drawing will be conducted by the Administrator, an independent judging organization whose decisions are final on all matters relating to the Sweepstakes. Odds of winning the prize depend upon the total number of eligible entries received for the Sweepstakes Period.
5. Grand Prize and Approximate Retail Value (“ARV”): Grand Prize (1): The Grand Prize winner will receive his/her choice of one (1) of the following options, provided by Flywheel Sports:
- A Flywheel Sports FLY Anywhere Bike and a FLY Anywhere membership for one year (ARV: $2,500).OR
- A membership to a local Flywheel studio of winner’s choice for one year (ARV: $3,500).
The Grand Prize winner will also win a one year supply of LACTAID® product (awarded as a $200 Target gift card) to fuel winner’s post-workout recovery, provided by LACTAID® (ARV: $200).
Prize is awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Winner is solely responsible for applicable federal, state and local taxes and all other costs and expenses associated with this prize not specified herein as being awarded. No transfer, resale, substitution or cash equivalent permitted by winner. Sponsor reserves the right, at its sole discretion, to substitute the prize with one of comparable or greater value should all or part of the prize become unavailable for any reason. Sweepstakes Entities shall not have any responsibility or liability whatsoever for any property loss, damage, personal injury, or death, in connection with the prize provided pursuant to the Sweepstakes and/or any person’s participation in the Sweepstakes. Acceptance of prize constitutes permission for the Sponsor and its agencies to use winner’s name, comments and/or likenesses and photos for purposes of advertising and trade without further compensation, unless prohibited by law; and, winner agrees to confirm such permission in writing at Sponsor’s request without compensation. All applicable federal, state and local laws and regulations apply. No transfer, resale, cash or other substitution of a prize except Sponsor may substitute prize in whole or in part for one of comparable or greater value for any reason.
6. Winner Notification/Verification: Potential Finalist Prize winners who entered via Instagram will be notified by the @flywheel Instagram account and potential Finalist Prize winners who entered via Twitter will be notified by the @flywheel Twitter account; such notifications will be sent via a Direct Message on or about May 30, 2018 and will be asked to log in to Instagram or Twitter and then privately provide additional contact information back to the Sponsor/Administrator including email address so that an Affidavit of Eligibility, Release of Liability/Prize Acceptance Form, Assignment/Grant of Rights in Picture and a Publicity Release (where lawful) (“Prize Documents”) can be sent to the potential Finalist Prize winner. If potential Finalist Prize winner does not follow Flywheel and LACTAID®, as required in Rule #3, and/or does not send an email to the email address indicated in the Direct Message within 24 hours, an alternate winner will be selected and notified as set forth herein. Potential winners who entered on Instagram or Twitter will have twenty-four (24) hours from the time the Direct Message is sent to reply. Sponsor and Administrator assume no responsibility for undeliverable prize notification; this includes, in the case of notification via Instagram or Twitter, the inability of Sponsor/Administrator to notify a potential winner because of the configuration of one’s privacy settings on the applicable social channel and for potential winners who entered on a Website, the notification being categorized as “junk”, “SPAM” or similar designation and therefore not timely received or, alternatively, the notification not being received at all. Potential winner will be required to sign and return Prize Documents via email within three (3) days of notification attempt or prize may be forfeited and an alternate winner may be selected. Potential Grand Prize winner who entered via Facebook will be notified via a comment on the Sponsor’s Facebook page and will be asked to send a private message back to the Sponsor/Administrator that includes personal contact information so that the Prize Documents can be sent to the Potential winner. A winning Entry will not be declared until verification of eligibility of the Entrant as well as verification of compliance with these Official Rules. Return of any prize or prize notification as undeliverable may result in disqualification and alternate selection, time permitting (if applicable). A 1099 tax statement will be filed with the IRS for the winner for the actual value of the prize won. Potential winner is subject to verification by Sponsor or Administrator, and verification of potential winner is final and binding in all matters related to the Sweepstakes. All Entries submitted become the sole property of the Sponsor. In no event will the Sponsor be obligated to award more than one (1) Grand Prize. The Sponsor and its agencies assume no responsibility for any injury or damage to Entrants or to any other person’s computer or web-enabled device relating to or resulting from entering or downloading materials or software in connection with the Sweepstakes.
7. General Rules: By participating in the Sweepstakes, Entrants agree to be bound by these Official Rules and the decisions of the Administrator, and Sponsor which are final and binding on all matters relating to the Sweepstakes. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes materials and the terms and conditions of the Official Rules, these Official Rules shall prevail, govern and control. The Sponsor, Sweepstakes Entities, and Administrator are not responsible for technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete (i.e., Entries which do not include both a caption and photo; or, Entries that omit the prescribed hashtag), inaccurate, garbled or delayed electronic communications caused by the user or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any human error which may occur in the processing of the entries in the Sweepstakes or for any liability for damage to any computer system or web-enabled device resulting from participation in, accessing or downloading information in connection with the Sweepstakes. In the event of a dispute as to ownership of any Entry, the authorized account holder associated with the Twitter/Instagram/Facebook account used to post Entry will be deemed to be the Entrant. Winner may be required to show proof of being the authorized account holder of the account associated with the Entry. Proof of posting content on Twitter/Instagram/Facebook does not constitute proof of delivery or receipt of such information. Sponsor and/or its Administrator (as identified in these Official Rules) are not responsible for the failure of any Entry, login, Tweet, Instagram photo/caption or Facebook post to be received or recorded by Sponsor/Administrator on account of technical problems or congestion on the internet or at any website. (The preceding includes, but is not limited to, Tweets, Instagram photos, captions and/or other data on Twitter, Instagram or Facebook that is not accessible to Sponsor or Administrator due to operation of the functionality of Twitter/Instagram/Facebook [as applicable] or for any other reason.) The Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the Entry process or the operation of the Sweepstakes; violates the Official Rules; or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes 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/Administrator’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. If, for any reason, the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, then the Sponsor reserves the right at its sole discretion, to cancel, modify or suspend the Sweepstakes and select the Finalists from among all eligible Entries timely received (or recorded, as applicable) prior to Sponsor’s action and/or to determine the Grand Prize winner from among all Finalists or eligible Entries received (or recorded, as applicable) prior to Sponsor’s action. By participating in the Sweepstakes and/or accepting prize, the Entrant agrees to hold Sponsor, Administrator, Prize Distributor, Sweepstakes Entities, Instagram, Twitter, and Facebook (“Released Parties”), harmless against any and all claims and liability arising out of use or misuse of prize(s) or participation in the Sweepstakes and the Releasees will have no liability whatsoever for, and will be held harmless by Entrant for any liability for any bodily injury, loss, cost or damages of any kind to persons, including death and property damages sustained, due in whole or in part, directly or indirectly, from Entry creation, the acceptance, possession, use or misuse of the prize or participation in the Sweepstakes or participation in any Sweepstakes or related activity. By participating in the Sweepstakes, Entrant hereby represent and warrant that Entrant have read these Official Rules and are fully familiar with its contents.
8. Disputes: The Sweepstakes and the Official Rules shall be exclusively governed by and construed in accordance with the laws of the state of New York in the United States of America, without regard to conflicts of law provisions. Entrants submit to exclusive personal jurisdiction in the state of New York and agree that any dispute shall be brought in the state and federal courts in the state of New York. Any and all claims by Entrant against the parties hereto and judgments and awards in connection therewith, shall be limited to actual out-of-pocket costs incurred; including costs associated with entering the Sweepstakes, but shall not include attorneys’ fees. Entrant hereby waives all rights to claim punitive, incidental, and consequential damages and/or any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. If any provision of these Official Rules is deemed to be invalid or unenforceable, in whole or in part, such provision will be deemed to be modified or restricted to the extent and in the manner necessary to render the same valid and enforceable and these Official Rules will be construed and enforced to the maximum extent permitted by law as if such provision had been originally incorporated herein as so modified or restricted, or as if such provision had not been originally incorporated herein, as the case may be.
9. Winner List: For the name of the winner, available after June 26, 2018 for a period of at least 30 days, send a stamped, self-addressed envelope to: The Flywheel LACTAID® Sweepstakes Winners, 100 Marcus Drive (Dept. KL), Melville, NY 11747.
10. Sponsor/Administrator: The Sponsor of this Sweepstakes is Flywheel Sports, Inc., 53 West 23rd Street, 9th Floor, New York, NY 10010. The Administrator of this Sweepstakes is Don Jagoda Associates, Inc., 100 Marcus Drive, Melville, NY 11747.
This Sweepstakes and the awarding of the Grand Prize is in no way sponsored, endorsed or administered by, or associated with Instagram, Twitter, or Facebook. Entrant understands that Entrant is providing their information to the Sponsor and not to Instagram, Twitter, or Facebook.
PROMOTION OF SWEEPSTAKES
NO PURCHASE NECESSARY. Void where prohibited. Open to legal residents of the 50 U.S., including D.C., who are 18 years of age or older as of date of entry. Starts 12:00 PM ET on 4/26/18 and ends 11:59 PM ET on 5/26/18. For complete entry details, visit https://blog.flywheelsports.com/. Sponsored by Flywheel Sports, Inc.
Disclaimer Copy for Twitter:
NO PUR NEC. Ends 5/26/18. 50 U.S./DC/18+. #FlywheelxLACTAID or #FLYxLACTAID #sweepstakes. https://blog.flywheelsports.com/
Disclaimer Copy for Facebook:
NO PURCHASE NECESSARY. Ends 5/26/18. 50 U.S./DC/18+. #FlywheelxLACTAID or #FLYxLACTAID #sweepstakes. https://blog.flywheelsports.com/
Disclaimer Copy for Instagram:
NO PURCHASE NECESSARY. Ends 5/26/18. 50 U.S./DC/18+. #FlywheelxLACTAID or #FLYxLACTAID #sweepstakes. Official Rules link in bio.