THESE OFFICIAL RULES CONTAIN AN ARBITRATION AGREEMENT, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST SPONSOR TO BINDING AND FINAL ARBITRATION. UNDER THE ARBITRATION AGREEMENT, (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST SPONSOR ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
The Thrive Stars Around the World Steps Challenge Sweepstakes (the “Sweepstakes”) begins at 12:00:01 am Eastern Time (“ET”) on Tuesday, August 3rd, 2021 (the “Sweepstakes Start Date”) and ends at 11:59:59 pm ET on September 2nd, 2021(the “Sweepstakes End Date”, and such period commencing on the Sweepstakes Start Date through the Sweepstakes End Date, the “Sweepstakes Period”). The Sweepstakes is sponsored by Thrive Global Holdings, Inc. (the “Sponsor”). By participating in the Sweepstakes, each entrant represents that they have read these Official Rules and unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor, which are final and binding in all respects.
Eligibility: The Sweepstakes is open to individuals who (a) complete or have completed the Thrive Star registration; and (b) have shared a photo of themselves (and teammates) on their Thrive Stars Around the World Steps Challenge to social media tagging @Thrive and #ThriveStarStepsChallenge, and including a brief overview of their Steps Challenge experience on or before the sweepstakes end date; and (c ) are a legal resident of the United States, the District of Columbia and Puerto Rico (excluding all other U.S. territories and possessions) who are at least 16 years of age at the date of entry. If the entrant is under 18 years of age at the time of entry, he or she may only enter with the approval of a parent or legal guardian. All prizes won by minors will be awarded to their parents or legal guardians on their behalf. Entries are limited to individuals only; commercial enterprises and business entities are not eligible. Employees, independent contractors, officers, and directors of the Sponsor, affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, and legal advisors, and their immediate family members and persons living in the same household, are not eligible to participate in the Sweepstakes. The SWEEPSTAKES IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW and is subject to all applicable federal, state and local laws and regulations.
How To Enter: To enter the Sweepstakes, you must share a photo of yourself (and anyone who joined you on your challenge) on social media tagging @thrive and #ThriveStarStepsChallenge anytime during the sweepstakes period. You must have photo rights or permission from the photo rights holder for the image you share, as well as the permission of the subjects photographed, to share your photo. Your post must include a brief description of your experience and what locations you visited from the walking guide.
To enter the Sweepstakes by email, email a photo of yourself (and anyone who has joined you on your challenge, remember to ask for their permission to share first) as well as a brief description of your experience taking the Thrive Stars Around the World Steps Challenge to [email protected] telling us which locations from the walking guide that you visited anytime during the sweepstakes period. The email must contain the subject line “Around the World Sweepstakes” and include your first and last name, complete address, city, state, zip code, daytime telephone number and date of birth.
Participation in the Sweepstakes is voluntary and does not require you to purchase anything from the Sponsor. Entries that are incomplete, that do not comply with these Official Rules, or that otherwise contain prohibited or inappropriate content as determined by Sponsor, in its sole discretion, will be disqualified and will not be considered for any prize. Without limiting the foregoing, if the referred individual does not complete the Stars registration form during the Sweepstakes Period or if the referred individual does not include your name on the Stars registration form, the entry will be deemed incomplete and will not be eligible to win. Each eligible referral or email entry that is submitted in accordance with these Official Rules will earn an entrant one (1) entry into the Sweepstakes, up to a maximum of twenty (20) entries. Once selected as a winner, an entrant may not win a second prize and thus, if a second entry of an individual is selected, it will not be eligible and will be disregarded. No illegible, incomplete, corrupted, forged or altered entries, or automatically or mechanically produced entries, will be accepted. All entries must be received by the Sweepstakes End Date. Sponsor makes the final determination as to which entries are eligible to take part in the Sweepstakes.
Prizes: Within approximately two (2) weeks of the end of the Sweepstakes Period, 3 winners will be randomly drawn from all eligible entries. Each winner will receive one (1) Thrive Stars gym bag (each gym bag has an approximate retail value (“ARV”) of $25.00. The total maximum ARV of all prizes is $75.00)
Prizes will be awarded within approximately thirty (30) days of the end of the Sweepstakes Period. Potential winners will be notified via email. Odds of winning the Sweepstakes are affected by the number of eligible entries submitted during the Sweepstakes Period. Prizes are non-transferable and no substitution by any winner is allowed. In order to receive a prize, winners may be required to provide proof of identification, including name, physical address and date of birth. In addition, the winners may be required to provide additional information as reasonably requested by Sponsor in order to deliver the prizes. Each winner will be solely responsible for all applicable federal, state and local taxes on any prize, including income taxes. All entrants agree that information provided by the Sponsor is not advice, including but not limited to, tax advice or legal advice, and every entrant is advised to consult a professional, including a tax professional.
Release of Liability: The Sponsor, any licensor thereof, and each of their respective agents, directors, officers, shareholders, employees, insurers, servants, parents, subsidiaries, divisions, affiliates, predecessors, successors, representatives, advertising, promotion, and fulfillment agencies, and legal advisors (the “Released Entities”), are not responsible for, shall not be liable for, and hereby disclaim all liability arising from or relating to: (a) late, lost, delayed, damaged, misdirected, misaddressed, incomplete, or unintelligible entries; (b) telephone, electronic, hardware or software program, network, Internet, computer or other malfunctions, failures, or difficulties of any kind, whether human or technical; (c) failed, incomplete, garbled, or delayed computer or e-mail transmissions; (d) any condition caused by events beyond the control of the Sponsor; (e) any injuries, losses, or damages of any kind arising in connection with or as a result of any prize, or any portion thereof that may have been awarded, or acceptance, possession, or use of any prize, or any portion thereof that may have been awarded, or from participation in the Sweepstakes; or (f) any printing or typographical errors in any materials associated with the Sweepstakes. The Sponsor reserves the right, in its sole discretion, to suspend, modify or cancel the Sweepstakes should any unauthorized human intervention or other causes beyond the Sponsor’s control corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes. In the event that proper administration of the Sweepstakes is prevented by such causes as contemplated above, the Sponsor will pick the winners from all eligible, non-suspect entries for the Sweepstakes received prior to such action. By participating in the Sweepstakes, entrants hereby release, discharge and hold harmless the Released Entities, and all others associated with the development and execution of the Sweepstakes, from any and all losses, damages, rights, claims and actions of any kind arising out of or relating to the Sweepstakes, participation in the Sweepstakes, any prize, or any portion thereof that may have been awarded, and/or acceptance, possession, use or misuse of any prize, or any portion thereof that may have been awarded, including but not limited to statutory and common law claims for misappropriation or entrant’s right of publicity. The Sweepstakes shall be governed by New York law.
Arbitration Agreement; Dispute Resolution by Binding Arbitration:
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
- Agreement to Arbitrate: This Section is referred to in these Official Rules as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and the Sponsor, whether arising out of or relating to these Official Rules, the Sweepstakes, your participation in the Sweepstakes, the prize, acceptance, possession, use or misuse of the prize, any advertising, or any aspect of the relationship between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by participating in the Sweepstakes, you and the Sponsor are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
- Prohibition of Class and Representative Actions and Non-Individualized Relief: YOU AND THE SPONSOR AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND THE SPONSOR AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
- Pre-Arbitration Dispute Resolution: The Sponsor is always interested in resolving disputes amicably and efficiently, and most entrant concerns can be resolved quickly and to the entrant’s satisfaction by emailing the Sponsor’s support team at [email protected] If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to the Sponsor should be sent to Thrive Global Holdings, Inc. 599 Broadway, 6th Floor, New York, NY 10012, Attn: Legal, or [email protected] (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If the Sponsor and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or the Sponsor may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by the Sponsor or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or the Sponsor is entitled.
- Arbitration Procedures: Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Official Rules as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Official Rules and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless the Sponsor and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, the Sponsor agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
- Costs of Arbitration: Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. Any payment of attorneys’ fees will be governed by the AAA Rules.
- Confidentiality: All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
- Severability: If a court or the arbitrator decides that any term or provision of this Arbitration Agreement other than clause (b) above is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of clause (b) is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of these Official Rules will continue to apply.
Thrive Global Holdings, Inc.
599 Broadway, 6th Floor
New York, NY 10012
Attn: Legal, or [email protected]
Winners List: For the names of the winners, send a stamped, self-addressed envelope to: Thrive Stars Around the World Sweepstakes 599 Broadway, 6th Floor, New York, NY 10012, Attn: Legal, or [email protected] Requests must be received within ninety (90) days of the end of the Sweepstakes Period.
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