Also The Biggest Loser vívoactive® users get 10% off any stay through December 2016 with promo code: VIVO. To book your stay, call 888-621-0891.
NO PURCHASE REQUIRED TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. ELIGIBILITY: The January Biggest Loser Resort Garmin Sweepstakes (the “Sweepstakes”) is open only to legal residents of the fifty (50) United States or the District of Columbia who are eighteen (18) years of age or older. Employees of Biggest Loser Resort or other companies associated with the promotion of the Sweepstakes, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. The Sweepstakes is subject to federal, state, and local laws and regulations and is void in Puerto Rico and where prohibited.
2. SPONSOR: The Sweepstakes is sponsored and administered by The Biggest Loser Resort (the “Sponsor”). Garmin International, Inc. and its affiliated companies are not associated with this Sweepstakes, and shall have no liability to any entrant in the Sweepstakes for any claim arising from the Sweepstakes.
3. AGREEMENT TO OFFICIAL RULES: Participation in the Sweepstakes constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein.
4. ENTRY PERIOD: The Sweepstakes begins on January 1, 2016 at 9am Pacific time and ends on January 31, 2016 at 9pm Pacific time (the “Entry Period”). Entries that are submitted before or after the Entry Period will be disqualified. The time of entry shall be determined based on the Sponsor’s records of when an entry was submitted.
5. HOW TO ENTER: To enter, after purchasing the vívoactive® by Garmin Watch, please visit www.biggestloserresort.com/vivo and enter the requested information, including the information set forth on the watch packaging. Alternatively, you may send a pre-paid postage postcard to the Sponsor at the following address, with the words Sweepstakes Entry, as well as your name, your address, your phone number and your email address to 1317 5th Street, 3rd Floor, Santa Monica, CA 90401. Only one entry per person will be valid. All entries, including postage entries, must be received by 9pm Pacific time on the last day of the Entry Period.
6. DRAWING: On or about February 1st, 2016 the Sponsor will randomly select one potential winner. The odds of being selected depend on the number of entries received. The Sponsor will attempt to notify the potential winner within twenty-four (24) hours of the drawing via email. If a potential winner cannot be contacted within forty-eight (48) hours, the potential winner may forfeit the prize. If after the first attempt to contact him/her, the Sponsor may select up to three alternate potential winners in his/her place at random from the remaining entries, subject to the same rules as set forth herein. If no potential winner can be contacted, the prize may go un-awarded.
7. REQUIREMENTS OF POTENTIAL WINNER: A potential winner may be required to complete and return an affidavit of eligibility and liability/publicity release (the “Affidavit/Release”) within five (5) days of being notified. If a potential winner fails to sign and return the Affidavit/Release within the required time period, he/she will be disqualified and an alternate entrant may be selected in his/her place in a random drawing of all eligible entries received.
8. PRIZE: One prize of a one week stay for one person at one of the Biggest Loser Resorts in the United States with an approximate retail value of $2995 will be awarded. Any prize details not specified above will be determined by the Sponsor in its sole discretion. The prize is not transferable or refundable and must be accepted as awarded. No substitution may be made, except by the Sponsor, who reserves the right to substitute a prize (or component thereof) with another prize (or component thereof) of equal or greater value if the prize is not available for any reason as determined by the Sponsor in its sole discretion. The winner is responsible for any and all other costs and expenses not listed above. The prize may be reported as income to a winner and the winner will be responsible for all taxes associated with the receipt of a prize. The winner may have to execute documents necessary for the Sponsor to report the prize as income. The Sponsor will be responsible for all shipping and handling fees associated with delivery of the prize.
9. PRIVACY AND PUBLICITY: Any personally identifiable information submitted by entrants in the Sweepstakes may be used by the Sponsor in connection with the Sweepstakes or the Sponsor’s other business activities. Except where prohibited, participation in the Sweepstakes constitutes an entrant’s consent to the Sponsor’s use of his/her name, likeness, voice, opinions, biographical information, and state of residence for promotional purposes in any media without further payment or consideration.
10. GENERAL CONDITIONS: In the event that the operation, security, or administration of the Sweepstakes is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, the Sponsor may, in its sole discretion, either (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules or (b) award the prize at random from among the eligible entries received up to the time of the impairment. The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner or with the intent to threaten, annoy, harass, bother or otherwise disrupt any other person. Any attempt by any person to undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to any online entry, the authorized account holder of the e-mail address used to enter will be deemed to be the participant. The “authorized account holder” is the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
11. RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, entrants agree to release and hold harmless the Sponsor, its parent, officers, directors, employees, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any prize, including, but not limited to: (a) any technical errors that may prevent an entrant from submitting an entry; (b) unauthorized human intervention in the Sweepstakes; (c) printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Sweepstakes or the processing of entries; or (f) injury, death, or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt of any prize. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
The Released Parties shall not be liable to winners or to any other person for failure to supply the prize or any part thereof, by reason of any acts of Gods, any action(s), regulation(s), order(s) or requests(s) by any governmental or quasi-governmental entity (whether or not the actions(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot or any other cause beyond the Release Parties’ control.
12. DISPUTES: Except where prohibited, entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Los Angeles County, California. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
13. SWEEPSTAKES RESULTS AND OFFICIAL RULES: To request a winners list, send a self-addressed, stamped envelope to 1317 5th Street, 3rd Floor, Santa Monica, CA 90401. Vermont residents may omit postage for the self-addressed envelope. Requests must be received within four (4) weeks of the end of the Entry Period. For a copy of the Official Rules, mail a self-addressed stamped envelope to the above address marked “OFFICIAL RULES January Biggest Loser Resort Garmin Sweepstakes” for receipt.