Take Five Live Challenge | Official Sweepstakes Rules

PVOLVE TAKE FIVE LIVE CHALLENGE SWEEPSTAKES

NO PURCHASE IS NECESSARY TO ENTER OR WIN A PRIZE; A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

BY ENTERING (OR OTHERWISE PARTICIPATING) IN THE SWEEPSTAKES, ENTRANT AGREES TO THESE OFFICIAL RULES, WHICH CREATE A CONTRACT, AND ENTRANT IS RESPONSIBLE FOR READING THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, SUCH CONTRACT INCLUDES GRANTS OF RIGHTS AND INDEMNITIES TO SPONSOR FROM ENTRANT, A CLASS ACTION WAIVER, AND A LIMITATION OF ENTRANT’S RIGHTS AND REMEDIES.

SPONSOR:  The Sweepstakes is sponsored by Pvolve, LLC, 415 W. Broadway, 2nd Fl. NY, NY 10012 (“Sponsor”).  

1. Eligibility. The Pvolve Take Five Live Challenge Sweepstakes (the “Promotion”) is open only to to all Active Pvolve Members who (a) are at least eighteen (18) years of age or have otherwise reached the age of majority in their state, province, or country of residence at the time of participation, and (b) have taken a total of five (5) Pvolve Live Virtual Studio ("LVS") classes, within thirty (30) calendar days. “Active Pvolve Members” means those individuals who have an active, ongoing Pvolve streaming subscription during the entire Promotion Period. Employees, officers and directors, including immediate family members (spouse, domestic partner, child (biological, foster or adoptive), sibling, or parent (biological, foster or adoptive) and their respective spouses/domestic partners, regardless of where they reside), and members of the same household, whether or not related, of Pvolve LLC and each of its respective parents, affiliated companies, subsidiaries, licensees, divisions, members, teams and any and all other companies associated with the Promotion (collectively, the “Promotion Entities”) are not eligible to participate or win a Prize.  The Promotion is subject to all applicable federal, state and local laws, rules and regulations. Void where prohibited or restricted by law, rule or regulation. Participation constitutes entrant’s full and unconditional agreement to these Official Sweepstakes Rules and Sponsor’s decisions, which are final and binding in all matters related to the Promotion, including but not limited to the administration and operation of the Promotion. Winning a Prize is contingent upon fulfilling all requirements set forth herein.

2. Promotion Period. The Promotion will begin on February 19th, 2024 at 9 AM EDT and end on March 18, 2024 at 11:59 PM EDT (the “Promotion Period”). All entries must be received by Sponsor by the end of the Promotion Period.  Sponsor reserves the right to extend or shorten the Promotion Period in its sole discretion, and to cancel, terminate, modify or suspend the Promotion for any reason in Sponsor’s sole discretion. Sponsor’s clock shall be the official clock of the Promotion.

3. How to Enter. Eligible Entrants must take at least five (5) Live Virtual Studio Classes during the Promotion Period by signing up for classes on app.pvolve.com/live and entering classes at the designated time via Pvolve’s website or mobile app. Class attendance is tracked through Pvolve’s website and mobile app, so entering a class via email may not be counted and the Promotion applies only to classes registered for and attended via website or mobile app. Eligible Entrants that complete the Take Five Live Challenge through the method outlined above will automatically receive one (1) entry into the Promotion. 

Limit one (1) entry per Eligible Entrant and Eligible Entrants may only win one (1) Prize. No other form of entry will be accepted other than as described above. In the event of dispute over the identity of an Eligible Entrant, an entry will be deemed made by the Authorized Account Holder of the Pvolve account used to log into the Live Virtual Studio class at the time of entry, and the Potential Winner may be required to provide identification sufficient to show that he/she is the Authorized Account Holder of such Pvolve account. The “Authorized Account Holder” is deemed the natural person who is assigned to the Pvolve account.

4. Winner Selection. Sponsor will randomly select three (3) total entries from all Eligible Entrants after the Promotion Period ends (each, a “Potential Winner”). Sponsor will attempt to contact the Potential Winners in the manner described below. Should a Potential Winner not meet the eligibility criteria or the entry be found, in Sponsor’s sole discretion, to not comply with these Official Rules, such Potential Winner will be disqualified and Sponsor may select an alternative Potential Winner.

5. Winner Contact. Sponsor will attempt to contact each Potential Winner via e-mail within one (1) week after the end of the Promotion Period. Each Potential Winner who responds to Sponsor’s message and complies with all other terms of the Official Sweepstakes Rules, is a “Winner.” If a Potential Winner cannot be reached during such period or fails to respond to Sponsor within twenty-four (24) hours after said message is delivered, such individual will be disqualified and an alternative Potential Winner will be randomly selected from the remaining Eligible Entrants and contacted. Such process will continue until Sponsor contacts the number of Winners to award all Prizes. At all times, Sponsor reserves to right to select an alternate Winner in the event that a Winner is found to have not complied with these Official Sweepstakes Rules.

6. Prize Descriptions; General Prize Terms.

Prize Descriptions. Each Winner will receive one (1) 45-minute private training session with a Pvolve trainer of their choice, held virtually over Zoom.

General Prize Term. The odds of winning a Prize will depend on the number of entries Sponsor has received by the end of the Promotion Period, or Entry Period as applicable, and will decrease as more entries are received. The right to receive a Prize is non-transferable and non-assignable. No cash redemption of a Prize is permitted except at Sponsor’s sole and absolute discretion. Sponsor reserves the right to substitute the Prize (or any portion thereof) with one of comparable or greater value at its sole and absolute discretion. All costs and expenses associated with any acceptance and use not specified herein as being provided, by accepting and making use of any Prize, are the sole responsibility of the applicable Winner. All federal, state, or local taxes associated with the Prizes award in connection with the Promotion are each Winner’s responsibility. A form 1099 may be issued based on the value of the Prize as required by law. Winner may be required to execute and return any required affidavit of eligibility and/or liability/publicity release. To the extent requested, all such forms will be completed and returned within twenty-four (24) hours or Sponsor may disqualify a Winner.

7. Privacy Policy. Any personally identifiable information collected during an entrant’s participation in the Promotion will be collected by Sponsor and used by Sponsor (a) for purposes of proper administration and fulfillment of the Promotion as described in these Official Sweepstakes Rules, and (b) as described in Sponsor’s privacy policy, posted on Sponsor’s website. In addition, each entrant agrees that Sponsor may share any personally identifiable information he or she supplies as part of the entry process with any of the Promotion Entities, the use of which will be governed by the privacy policy maintained by such Promotion Entity.

8. Release; Winner Publicity Release. By participating in the Promotion, each entrant agrees to release and hold harmless the Promotion Entities from and against any and all claims, injuries, damages or losses that may occur, directly or indirectly, in whole or in part, from the participation in the Promotion or from the receipt or use of any Prize(s) awarded. Each entrant (irrespective of whether or not such entrant wins a Prize), grants to each of the Promotion Entities an independent, royalty-free, perpetual, irrevocable, fully transferrable, non-exclusive, worldwide right (but not obligation) and license to publicize and use such entrant’s name, address (city and state of residence), photograph, voice and/or other likeness and Prize information in any and all media now known or hereafter devised, without additional compensation or consideration, notification or permission, unless prohibited by law.

9. General. Failure by Sponsor to enforce any term of these Official Rules shall not constitute a waiver of that provision. The Promotion Entities (a) do not make any warranty, guaranty or representation of any kind concerning the Promotion or a Prize and (b) to the extent permitted by law, disclaim any and all express and implied warranties (including, without limitation, quality, merchantability and fitness for a particular purpose) relating to the Promotion and the Prize(s). The Promotion Entities are not responsible for stolen, late, incomplete, illegible, misdirected, lost, damaged, garbled, delayed, undelivered, inaccurate, postage-due or garbled entries, through our website, app, or mail. Entries generated by a script, macro or other mechanical or automated means or by any means which subvert the entry process will be disqualified. The Promotion Entities  are not responsible for lost, interrupted or unavailable network, server, Internet service provider, website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Promotion, including, without limitation, errors or difficulties which may occur in connection with the administration of the Promotion, the processing of entries, the announcement of the Prize(s) or in any Promotion-related materials. The Promotion Entities are also not responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Promotion. The Promotion Entities are not responsible for injury or damage to entrants’ or to any other person’s computer related to or resulting from participating in this Promotion or downloading materials from or use of the website. Sponsor reserves the right in its sole discretion to disqualify any person (including an entrant) Sponsor suspects or finds: (i) to have tampered with the entry/selection process or the operation of Promotion; (ii) to be acting in a disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Promotion, or with the intent to annoy, abuse, threaten or harass any other person; (iii) to display behavior that will bring Sponsor or the Promotion Entities into disgrace; (iv) to have provided inaccurate information on any legal documents submitted in connection with Promotion; or (v) to be acting in violation of these Official Sweepstakes Rules. Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Sponsor reserves the right to cancel or modify the Promotion if fraud or other difficulties compromise the integrity of the Promotion, as determined by Sponsor in its sole discretion. Sponsor reserves the right to modify these Official Sweepstakes Rules for clarification purposes without materially affecting the terms and conditions of the Promotion. ANY VIOLATION OF THESE OFFICIAL RULES BY A WINNER WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS A WINNER OF THE PROMOTION AND ALL PRIVILEGES AS A WINNER WILL BE IMMEDIATELY TERMINATED.

10. Indemnity; Disputes. By participating in the Promotion, each entrant agrees to indemnify and hold harmless each of the Promotion Entities from any and all liability arising out of or relating in any way to the entrant’s participation in the Promotion. Except where prohibited by law, each entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the State and Federal courts located in the New York County, State of New York; (b) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH PARTICIPATING THIS PROMOTION AND/OR RECEIVING A PRIZE, BUT IN NO EVENT ATTORNEYS’ FEES; AND (c) UNDER NO CIRCUMSTANCES WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM INDIRECT, PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Sweepstakes Rules, or the rights and obligations of an entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of New York without giving effect to any choice of law or conflict of law rules (whether of the State of New Jersey or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York. If any provision of these Official Sweepstakes Rules is declared invalid or unenforceable, such provision will be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision will not affect any other provision of these Official Sweepstakes Rules, and these Official Sweepstakes Rules will continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as described above, as the case may be. Entrant hereby irrevocably consents to the personal jurisdiction of said courts and waives any claim of forum non conveniens or lack of personal jurisdiction that they may have.

11. Winners List. For the list of all Winners, mail a self-addressed stamped envelope to: “Winners List” Pvolve Take Five Live Challenge Sweepstakes, 415 W. Broadway, 2nd Fl., New York, NY 10012. All requests must be received by no later than thirty (30) days after the end of the Promotion Period.

12. Sponsor. The “Sponsor” of this Promotion is Pvolve LLC.