The Q Prize Giveaway Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.

1. BINDING AGREEMENT

Void where prohibited, taxed or restricted by law. Valid in the 48 continental United States and the District of Columbia only. Your participation in the Rogue Fitness® ‘The Q Prize Giveaway’ promotion (the “Contest”) shall be deemed to be your complete acceptance of the terms and conditions set out herein below (“Official Rules”) so please read them carefully.

The ‘The Q Prize Giveaway’ promotion (“Contest”) is designed to encourage eligible entrant gyms to have their members participate in the qualifier for the 2020 Rogue Invitational Online Qualifier for a chance to win one of the prize packages listed below (each, a “Prize”):

1. $5,000 in Rogue Equipment, custom gym sign, custom 20kg barbell and custom 15kg barbell
2. $4,000 in Rogue Equipment
3. $3,000 in Rogue Equipment
4. $2,000 in Rogue Equipment
5. $1,000 in Rogue Equipment

Winners will be selected based on the registered gym with the highest participation by participants. Qualifier participants must include their gym affiliation during the registration process, and Prizes will be awarded in accordance with these Official Rules.

The male and female winners of each age group of the Qualifier will also receive their choice of a custom 20kg or 15kg barbell. The age divisions are:

• 14–15
• 16–17
• 18-34
• 35–39
• 40–44
• 45–49
• 50–54
• 55–59
• 60+

Winners will be selected based on the final standings based upon the various workouts presented in the Qualifier. Prizes will be awarded in accordance with these Official Rules.

2. ELIGIBILITY

To be eligible to enter the Contest, an entrant (“Entrant”) must be located in one of the 48 continental United States or the District of Columbia. Gyms owned by employees, interns, contractors, and official office-holders of Coulter Ventures, LLC d/b/a Rogue Fitness (“Sponsor”) and its subsidiaries, affiliates, directors, officers, employees, representatives, and agents (collectively, “Contest Entities”), and members of the Contest Entities’ and their immediate families (parents, siblings, children, spouses, and life partners of each, regardless of where they live) and members of the households (whether related or not) of such employees, officers and directors are ineligible to participate in this Contest.

3. CONTEST PERIOD

The Contest begins December 16, 2019 at 8:00:00 A.M. eastern time in the United States and ends on January 20, 2020 at 8:00:00 P.M. eastern time (“Contest Period”). All dates are subject to change.

4. HOW TO ENTER

Entries must be submitted by gym members registering for the 2020 Rogue Invitational Online Qualifier at [insert link] (“Contest Site”). Gym members must include their gym affiliation during the registration process for gyms to be eligible for the . To enter online follow the registration instructions that appear on the [name of registration page] and complete all information on the form. All entries will be deemed final and made by the Entrant at the time of submission. All entries become the sole and exclusive property of the Sponsor and receipt of entries will not be acknowledged or returned.

7. SELECTING THE WINNER

1. Number of participants by gym will be determined as the close of the Contest Period. Notification of winners is subject to validation and verification of eligibility and compliance with these Official Rules.
2. If a potential Prize winner is disqualified for any reason, the next highest ranking gym winner will be added by the Judges.
3. The potential Prize winners will be selected and notified by telephone and/or email, at Sponsor’s discretion on or about March 1, 2020. If a potential Prize winner does not respond to the notification attempt within three (3) days from the first notification attempt, if any prize or prize notification is returned as undeliverable, if any Prize winner rejects his/her prize or in the event of noncompliance with these Contest rules and requirements, then such potential Prize winner may be disqualified and an alternate potential Prize winner will be selected from among all eligible entries received based on the criteria described herein. Upon prize forfeiture, no compensation will be given.
4. Except where prohibited by law, each potential Prize winner may be required to sign and return an Affidavit of Eligibility and Liability and Publicity Release and provide any additional information that may be required by Sponsor. If any Prize winner is considered a minor in his/her jurisdiction of residence, an Affidavit of Eligibility, Liability/Publicity must be signed by his/her parent or legal guardian.
5. All notification requirements, as well as other requirements within these Official Rules, will be strictly enforced.

8. PRIZES

For gym participants: One (1) $5,000 equipment package, custom gym sign, custom 20kg barbell and 15kg barbell prize package for the gym with the highest participation, one (1) $4,000 equipment package for the gym with the 2nd highest participation, one (1) $3,000 equipment package for the gym with the 3rd highest participation, one (1) $2,000 equipment package for the gym with the 4th highest participation, and one (1) $1,000 equipment package for the gym with the 5th highest participation, shipped to a destination within the 48 continental United States or District of Columbia designated by the winner. Shipping method to be determined by Sponsor in its sole discretion. For individual participants: eighteen (18) custom 20kg barbells or 15kg barbells (as selected by the winner) for the male and female winner of each age group (14-15, 16-17, 18-34, 35-39, 40-44, 45-49, 50-54, 55-60, 60+). Age will be determined as of January 20, 2020.

The time of the prize distribution will be provided to the Prize Rig winners, in the Judges’, discretion before March 1, 2020. Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. The Judges reserve the right to substitute a prize, in whole or in part, of equal or greater monetary value if a prize cannot be awarded as described for any reason. Values are subject to market conditions, which can fluctuate and any difference between actual market value and actual retail value will not be awarded. All unspecified expenses are the responsibility of the Prize Rig winner(s).

9. TAXES

Awards of prizes to winners are subject to the express requirement that such winners submit to the Contest Entities all documentation requested by the Contest Entities to permit them to comply with all applicable state, federal and local tax laws. Reporting all prizes will be net of any taxes the Contest Entities are required by law to withhold. To the extent permitted by law, all taxes imposed on prizes are the sole responsibility of the winners. The winners, and if a winner is a minor, his/her parents or legal guardians, are responsible for ensuring that they comply with all the applicable tax laws and filing requirements. If a winner fails to provide such documentation or comply with such laws, the prize may be forfeited and the Judges may, in their sole discretion, select an alternate winner.

10. GENERAL CONDITIONS

All federal, state and local laws and regulations apply. The Judges reserve the right to disqualify any Entrant from the Contest if, in the Judges’ sole discretion, they reasonably believe that the Entrant has attempted to undermine the legitimate operation of the Contest by cheating, deception, or other unfair playing practices or annoys, abuses, threatens or harasses any other Entrants or the Judges.

11. INTELLECTUAL PROPERTY RIGHTS

As a condition of entry, Entrant (or Entrant’s parent or legal guardian if a minor) grants the Contest Entities a perpetual, irrevocable, worldwide, transferable, royalty-free, and non-exclusive license to use, reproduce, adapt, modify, publish, distribute, publicly perform, create a derivative work from, and publicly display the entry for any purpose, without any attribution or compensation to Entrant. Entries will not be returned.

12. PRIVACY

Entrants agree that personal data submitted with an entry, including name, mailing address, phone number, and email address, may be collected, processed, stored and otherwise used by the Contest Entities for the purposes of conducting and administering the Contest. By entering the Contest, Entrants agree to the transmission, processing, disclosing and storage of such personal data by the Contest Entities and their affiliates. IF YOU DO NOT WISH TO SHARE YOUR INFORMATION, PLEASE DO NOT ENTER THIS CONTEST.

13. PUBLICITY

By entering the Contest, Entrants agree to participate in any media or promotional activity resulting from the Contest as reasonably requested by the Contest Entities, at the Contest Entities’ expense and agree and consent to use by the Contest Entities. The Contest Entities will contact Entrants in advance of any media request for interviews. The entries may also be used for press and media purposes and Entrant agrees to waive any rights and not assert any intellectual property rights that Entrant has or may have in the photo. The Contest Entities reserve the right to publish the name and likeness of the winners for publicity purposes.

14. WARRANTY AND INDEMNITY

To the maximum extent permitted by law, Entrant indemnifies and agrees to keep indemnified the Contest Entities at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the Entrant and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, Entrant agrees to defend, indemnify, release and hold harmless the Contest Entities from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from: (i) any misrepresentation made by Entrant in connection with the Contest; (ii) any non-compliance by Entrant with these Official Rules; (iii) claims brought by persons or entities other than the parties to these Official Rules arising from or related to Entrant’s involvement with the Contest; (iv) acceptance, possession, misuse or use of any prize or participation in any Contest-related activity or participation in the Contest; (v) any malfunction or other problem with the Contest Site in relation to the entry and participation in the Contest by Entrant; (vi) any error in the collection, processing, or retention of entry information in relation to the entry and participation in the Contest by Entrant; (vii) any typographical or other error in the printing, offering or announcement of any prize or winners in relation to the entry and participation in the Contest by Entrant; (viii) property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in Contest, or possession, acceptance and/or use or misuse of prize or participation in any Contest-related activity; or (ix) claims in the nature of publicity rights, defamation, invasion of privacy.

15. ELIMINATION

Any false information provided within the context of the Contest by Entrant concerning identity, mailing address, telephone number, email address, ownership of right or non-compliance with these Official Rules or the like may result in the immediate elimination of the Entrant from the Contest.

16. INTERNET AND DISCLAIMER

The Contest Entities are not responsible for any malfunction of the entire, or any portion of, the Contest Site or any late, lost, damaged, delayed, misdirected, incomplete, illegible, undeliverable, mislaid, defaced, or destroyed entries due to system errors, failed, incomplete or garbled computer or other telecommunication transmission malfunctions, hardware or software failures of any kind, lost or unavailable network connections, typographical or system/human errors and failures, technical malfunction(s) of any telephone network or lines, cable connections, satellite transmissions, servers or providers, or computer equipment, traffic congestion on the Internet or at the Contest Site, or any combination thereof, including other telecommunication, cable, digital or satellite malfunctions which may limit and Entrant’s ability to participate. The Contest Entities are not responsible for the policies, actions, or inactions of others, which might prevent an Entrant from entering, participating, and/or claiming a prize in this Contest.

17. RIGHT TO CANCEL, MODIFY OR DISQUALIFY

If for any reason the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, the Judges reserve the right at, in their sole discretion, to cancel, terminate, modify or suspend the Contest. The Judges reserve the right to disqualify Entrants who violate these Official Rules or interfere with this contest in any manner. If an Entrant is disqualified, the Judges reserve the right to terminate that Entrant’s eligibility to participate in the Contest. Any attempt by an Entrant to deliberately damage any web site, including the Contest Site, or undermine the legitimate operation of the Contest is a violation of criminal and civil laws and should such an attempt be made, the Contest Entities reserve the right to seek damages from any such Entrant to the fullest extent of the applicable law. The Contest Entities’ failure to enforce any term of these Official Rules will not constitute a waiver or that or any provision. In the event of a dispute regarding entry, Entry will be deemed made by the authorized account holder of the e-mail account associated with the Entry and he/she must comply with these Official Rules. The authorized account holder is the natural person who is assigned the e-mail address by the Internet Service Provider (ISP), on-line service provider, or other organization responsible for assigning email addresses.

18. NOT AN OFFER OR CONTRACT OF EMPLOYMENT

Under no circumstances shall the submission of an entry into the Contest, the awarding of a prize, or anything in these Official Rules be construed as an offer or contract of employment with the Contest Entities. Entrants acknowledge that they submitted their photo voluntarily and not in confidence or in trust. Entrants acknowledge that no confidential, fiduciary, agency or other relationship or implied-in-fact contract now exists between Entrant and the Contest Entities and that no such relationship is established by Entrant’s submission of an entry under these Official Rules.

19. FORUM AND RECOURSE TO JUDICIAL PROCEDURES

These Official Rules shall be governed by, subject to, and construed in accordance with the laws of the State of Ohio, United States of America, excluding all conflict of law rules. If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. To the extent permitted by law, the rights to litigate, seek injunctive relief or make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this Contest are hereby excluded, and Entrants expressly waive any and all such rights.

20. LIST OF WINNERS

To obtain a list of winners, send a self-addressed, stamped envelope by April 1, 2020 to: Rogue Fitness, 545 E. 5th Ave., Columbus, OH 43201, Attn: Rogue Invitational Barbell Giveway.

21. ABOUT ROGUE FITNESS

For more information on Rogue Fitness, visit www.roguefitness.com.

22. SPONSOR

Coulter Ventures, LLC d/b/a Rogue Fitness, 545 E. 5th Ave., Columbus, OH 43201.