The 2016 ClassPass Challenge Official Rules

(“Official Rules”)

NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS CONTEST IS SUBJECT TO ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS AND IS VOID WHERE PROHIBITED BY LAW. PARTICIPATION IN THIS CONTEST CONSTITUTES FULL AND UNCONDITIONAL AGREEMENT WITH AND ACCEPTANCE OF THESE OFFICIAL RULES.

  1. CONTEST PERIOD

The ClassPass Challenge (the “Contest”) begins at 6:00 am Eastern Time (“ET”) on August 1, 2016 and ends at 11:59 p.m. ET on August 31, 2016 (the “Contest Period”). It is sponsored by ClassPass Inc., 275 7th Avenue, New York, NY (“Sponsor”).

  1. ELIGIBILITY

To be eligible to enter and win, each “Entrant” must: (i) be a resident of the 50 United States and the District of Columbia (excluding Rhode Island, Puerto Rico, all U.S. Territories and Possessions and all overseas Military Installations); and (ii) be 18 years years of age or older as of the start of the Contest. Employees and the immediate families (including those with whom they are domiciled) of ClassPass Inc. (the “Sponsor”), Official ClassPass Ambassadors, any fitness facility that participates in the ClassPass program, and each of their respective parents, subsidiaries, affiliates, directors, officers, shareholders and agents (altogether the “Released Parties”) are not eligible to enter the Contest. For purposes of this Contest, “immediate family members” shall include the mother, father, brothers, sisters, daughters, sons, partner or spouse of an individual (regardless of where any such “immediate family member” resides).

  1. HOW TO ENTER

NO PURCHASE NECESSARY. 

How to enter: In order to enter the Contest, you must do the following:

(1) Try something new to you (a new class, studio, recipe, meet up with a new friend, etc.). For each of the new activities you try, you must post an original photo that is representative of the activity on either Twitter or Instagram using the hashtag #ClassPassChallenge.

(2) Complete the ClassPass Challenge Submission Form. In order for your entries to be valid, you must submit your name, email, city, Twitter and/or Instagram handles through the form found HERE. By completing this form and submitting your information, you are also giving ClassPass authorization to send you emails regarding promotions and news.

In order to submit a photo, you must be an authorized account holder of Twitter or Instagram. You can sign up for Twitter or Instagram for free, but your use of Twitter is subject to acceptance of the Twitter Terms of Use, which can be found at https://twitter.com/tos and your use of Instagram is subject to acceptance of the Instagram Terms of Use at https://instagram.com/about/legal/terms/. All Entries must be submitted from a valid Twitter or Instagram account. Your account settings on the Instagram Account or Twitter Account that you use to enter must be set to “unprotected” and/or “public” in order for your Photo Submission to be viewable by the Sponsor and you can receive Direct Messages from the Sponsor.

Provided that you complete the ClassPass Challenge Submission Form, then for each submitted photo according the rules set forth above (“Photo Submission”) you will receive one (1) entry (“Entry”) into the Contest. There is a maximum of one Entry per day per entrant during the Contest Period, regardless of the method of entry or number of Photo Submissions you make. If you complete one Entry per day during the Contest Period, you will receive one bonus Entry, for a total of 32 Entries.

Content of Entries and Qualification:

– Photo Submissions and Entries may not contain content that is obscene, lewd, defamatory, pornographic, hateful or discriminatory, violates these Official Rules or the terms and conditions imposed on users of Twitter and Instagram, or violates or infringes (or may infringe) any copyright, trademark, logo, mark that identifies a brand, or other personal or 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, or is otherwise objectionable. Photo Submissions may not show any person other than the Entrant, unless the Entrant has written permission to show that person in an Entry submitted in this Contest; no Entry shall show any person under the age of 18 unless Entrant is the parent or legal guardian of such person. Any Photo Submission or Entry that, in Sponsor’s sole determination, violates the terms and conditions set forth in this paragraph or any other part of the Official Rules may be disqualified and the Entrant submitting the Entry may be disqualified from any further participation in the Contest. Each Entrant agrees to indemnify and hold harmless the Released Parties from any and all lawsuit, damages, claims, losses, liabilities, or expenses (including court costs and attorneys’ fees) arising out of the Released Parties’ use of that Entrant’s Photo Submission and/or Entry.

– If it is discovered by the Sponsor (using any evidence or other information made available to, or otherwise discovered by, the Sponsor) that any Entrant has used or attempted to use multiple names, identities, email addresses and/or any automated, macro, script, robotic or other system(s) or program(s) to enter or otherwise participate in or disrupt this Contest, that person may be disqualified from the Contest, and any future contests of the Sponsor, in the sole discretion of the Sponsor.

– All Entries will be declared invalid if they are late, illegible, incomplete, damaged, irregular, forged, garbled or mechanically or electronically reproduced.

– The Sponsor reserves the right, in its sole discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification): (i) for the purposes of verifying an Entrant’s eligibility to participate in this Contest; (ii) for the purposes of verifying the eligibility and/or legitimacy of an Entry entered (or purportedly entered) for the purposes of this Contest; and/or (iii) for any other reason the Sponsor deems necessary, in their sole discretion, for the purposes of administering this Contest in accordance with these Official Rules. Failure to provide such proof to the satisfaction of the Sponsor in a timely manner may result in disqualification of the Entrant in the sole discretion of the Sponsor.

– Each potential winner of a Prize (a “Selected Entrant”) may also be requested to provide the Sponsor with reasonable proof that he/she is the Authorized Account Holder of the Twitter or Instagram account associated with the winning Entry. In the event of a dispute regarding the identity of the person submitting an Entry, the Entry will be deemed to be submitted by the Authorized Account Holder in whose name the Twitter or Instagram account is registered, provided that person meets all eligibility criteria of this Contest. “Authorized Account Holder” shall mean the natural person assigned to an email address and/or telephone number by an Internet access provider, online service provider, telephone service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address (a valid email address is required to register for a Twitter account).

– All Photo Submissions and Entries shall become the property of the Sponsor and none shall be returned. In consideration of their entry into this Contest, each Entrant irrevocably assigns and transfers to the Sponsor any and all rights, title, and interest in the Photo Submission and Entry including, without limitation, all copyright in any Photo Submission. The Sponsor shall have the right to edit or modify Photo Submissions and/or Entries for use in perpetuity and the Entrant waives any and all moral rights that he/she may have in a Photo Submission or Entry. Each Entrant irrevocably confirms that no third party was involved in the creation of the Photo Submission or Entry.

  1. PRIZES

Twelve prizes will be awarded during this Contest (each, a “Prize”, collectively, the “Prizes”). The Prizes are as follows:

One (1) grand prize consisting of three (3) months of the ClassPass Core Plan membership (or market equivalent) in the U.S. city of the Winner’s choice that is available on the ClassPass platform.

One (1) first runner up prize of one (1) month of the ClassPass Core Plan membership (or market equivalent) in the U.S city of the Winner’s choice that is available on the ClassPass platform.

Grand prize winner and runner up winner are responsible for any fees associated with using the Prize, such as late cancellation or missed services fees and must agree to the ClassPass Terms of Use and Privacy Policy and comply with ClassPass membership policies in order to redeem and use the Prize. Winners will have until September 1, 2017 to use their Prize ClassPass membership. Three months

Ten (10) second runner up prizes of a swag bag.

The total approximate retail value is ranges from $816.00 to $2,540.00, depending on applicable city and plan.

The winner of each Prize (“Prize Winner”) is not entitled to any difference between the actual value of a Prize and the approximate retail value of that Prize as stated herein. Each Prize must be accepted as awarded, without substitution, and is not transferrable, refundable, for resale or convertible to cash. The 3-month membership Prizes must be redeemed for 3 consecutive months and may not be applied to prior purchases or gifted to third parties, without the specific prior written approval of Sponsor, which may be withheld or given in Sponsor’s sole discretion. The Sponsor reserves the right, in the event that the Prize, or any component of the Prize, cannot be awarded as described for any reason, to substitute the same for another prize or component of equal or greater value, without notice or liability. In the event that a substitute prize is awarded, such prize must be accepted as awarded and cannot be exchanged for cash or otherwise. The odds of winning a Prize will depend on the number of eligible Entries received during the Contest Period.

All incidental costs and expenses associated with a Prize are the sole responsibility of Prize Winner. Prize Winner must follow all directions of the Sponsor with respect to the Prize or any aspect thereof. Failure to do so may result in termination of participation, or continued participation, in the Prize or any aspect thereof.

  1. WINNER SELECTION

The Prize Winners will be determined by a random drawing from amongst all eligible Entries received during the Contest Period will occur at the headquarters of the Sponsor. The Selected Entrants will be contacted by the Sponsor via Direct Messaging through Twitter or Private Messaging through Instagram. If a Selected Entrant cannot be contacted or does not respond to the Sponsor’s direct message within forty-eight (48) hours of the first point of contact (or attempt) by the Sponsor, he/she will be considered to have forfeited his/her respective Prize and will be disqualified and another Entrant may be selected from the remaining eligible Entries until such time as contact is made with each Selected Entrant, there are no more eligible Entries, or there is insufficient time to award a Prize, whichever comes first. The Sponsor will not be responsible for failed attempts to contact any Selected Entrant. No telephone contact, Direct Messaging or other correspondence in association with the Contest will be entered into except with each Selected Entrant.

  1. CLAIMING YOUR PRIZE

Upon successful contact with a Selected Entrant via Direct Messaging on Twitter, that Selected Entrant will be required to provide certain contact information, as requested by the Sponsor (e.g., full name, age, telephone number, email address). To be declared a Prize Winner, Selected Entrant will also be required to sign an Affidavit of Eligibility and Release (except where prohibited by law) (the “Release Form”) confirming compliance with the Official Rules, acceptance of the Prize as awarded, without substitution, granting rights in the Photo Submissions and Entry, and releasing the Released Parties from any liability in connection with the Prize or the Contest before being granted his/her Prize.

If a Selected Entrant does not meet all of the Contest requirements, refuses to provide the contact information requested by the Sponsor or does not sign and return the Release Form to the Sponsor within the time frame specified, that Selected Entrant will forfeit his/her Prize and the Sponsor shall be entitled (but not obligated) to select another Entrant from the remaining eligible Entries until such time as contact is made with an Entrant or there are no more eligible Entries, whichever comes first. This process may continue until each Prize has been awarded or there is insufficient time to permit the awarding of a Prize. The Sponsor are not responsible, whether as a result of human error or otherwise, for any failure to contact any Selected Entrant.

The Sponsor will contact each Winner following receipt of his/her signed Release Form to arrange for delivery of his/her Prize.

  1. GENERAL RULES

In the event of a conflict between the Official Rules and any instructions or interpretations of these Official Rules given by an employee of the Sponsor regarding the Contest, these Official Rules shall prevail. In the event of any discrepancy or inconsistency between the terms and conditions of these Official Rules and disclosures or other statements contained in any Contest-related materials, the terms and conditions of these Official Rules shall prevail, govern and control.

  1. RELEASE OF LIABILITY

By submitting a Photo Submission and Entry into this Contest, each Entrant confirms his or her understanding of and compliance with these Official Rules. Each Entrant, and his/her representatives, heirs, next of kin or assignees (“Entrant’s Representatives”), hereby releases and holds the Released Parties, Twitter, Inc. and Instagram LLC harmless from any and all liability for any injuries, loss or damage of any kind to the Entrant, Entrant’s Representatives or any other person, including personal injury, death or property damage, resulting in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any Prize, participation in the Contest, any breach of the Official Rules, or in any Prize-related travel or activity. The Entrant and Entrant’s Representatives agree to fully indemnify the Released Parties from any and all claims by third parties relating to the Contest, without limitation.

  1. LIMITATION OF LIABILITY

None of the Released Parties assumes any liability for any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the processing of Entries, the selection of Prize Winner or for any printing or other errors in any Contest materials. The Released Parties assume no responsibility for any error, omission, tampering, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or authorized access to, or alteration of Entries. The Released Parties are not responsible for any problems, viruses or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or Direct Messaging on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to Entrants or to any other person’s computer related to or resulting from participating or downloading materials in the Contest.

None of the Released Parties assumes any liability for any personal injury or property damage or losses of any kind including, without limitation, direct, indirect, consequential, incidental or punitive damages which may be sustained to an Entrant’s or any other person’s computer equipment resulting from an Entrant’s attempt to either participate in the Contest or download any information in connection with participating in the Contest or use of any website. Without limiting the foregoing, everything on any website is provided “as is” without any warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement.

  1. CONTEST ADMINISTRATION

All decisions regarding the Contest remain with the Sponsor. The Sponsor reserves the right, in their sole discretion, to modify, cancel, suspend and/or terminate any or all parts of the Contest for any reason.

The Sponsor reserves the right, in its sole discretion, to disqualify any individual found to be in violation of these Official Rules. The Sponsor reserves the right to refuse an Entry from a person whose eligibility is in question or who has been disqualified or is otherwise ineligible to enter. Any attempt to tamper with the entry process, interfere with these Official Rules, deliberately damage any website or undermine the administration, security or legitimate operation of the Contest, is a violation of criminal and civil laws, and the Sponsor reserves the right to seek damages and/or other relief (including attorneys’ fees) from all persons responsible for such acts to the fullest extent permitted by law, which may include banning or disqualifying Entrants from this and future contests of the Sponsor. In its sole determination, the Sponsor may disqualify any person who acts in any manner to threaten or abuse or harass any person and to void all such person’s associated Entries. The Sponsor reserves the right, in their sole discretion, to terminate or suspend the Contest should fraud, virus, bugs, or other reasons beyond the control of the Sponsor corrupt the security, proper play or administration of the Contest.

  1. PRIVACY AND PUBLICITY RIGHTS

By accepting the Prize, each Winner grants to the Released Parties, in connection with this Contest, the right to use his/her name, Twitter or Instagram user name/handle, biographical information, image, photos and/or likeness and statements for programming, promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered, worldwide, including but not limited to on television, video, the World Wide Web and Internet, without notice, review or approval and without additional compensation, except where prohibited by law.

The Sponsor respects your right to privacy. Personal information collected from Entrants will be used by the Sponsor to administer the Contest and otherwise in accordance with Sponsor’s privacy policy. For more information regarding the manner of collection, use and disclosure of personal information by the Sponsor, please refer to the Sponsor’s privacy policy, available at www.classpass.com/privacy.

  1. GOVERNING LAW

The Contest shall be governed by the laws of the State of New York, without regarding to its choice law principles. Without limiting the generality of the foregoing, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations as between any person and/or Entrant and the Sponsor in connection with the Contest shall be governed by and construed and interpreted in accordance with the internal laws of the state of New York, including the procedural provisions of those laws, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws. The Sponsor and all Entrants hereby to the jurisdiction of the courts of the state of New York with respect any matter, issue or dispute arising under or in respect of these Official Rules and/or the Contest and agree that any such determination shall be brought solely and exclusively before such courts. Entrant hereby waives any right to jury trial and agrees that any proceeding will be conducted only on an individual basis and not in a class, consolidate or representative action.

The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with the terms as if the invalid or illegal provision were not contained herein.

This Contest is not in any manner sponsored, endorsed, administered by or associated with Twitter or Instagram. You are providing your information to the Sponsor and not to Twitter or Instagram.