Positively Unstoppable Promotion Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. ELIGIBILITY: THE POSITIVELY UNSTOPPABLE PROMOTION (THE “PROMOTION”) IS OPEN TO LEGAL RESIDENTS OF THE FOLLOWING PLACES WHO ARE 18 YEARS OF AGE AND OLDER OR THE AGE OF MAJORITY AT THE TIME OF ENTRY:
A. THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA
B. CANADA, EXCLUDING THE PROVINCE OF QUEBEC
EMPLOYEES OF SPONSOR, ADMINISTRATOR, PROMOTIONAL PARTIES, AND EACH OF THEIR RESPECTIVE PARENT COMPANIES, AFFILIATES AND SUBSIDIARIES, AND ANY ADVERTISING OR PROMOTION AGENCIES INVOLVED IN ANY WAY WITH THIS PROMOTION (AND MEMBERS OF THEIR IMMEDIATE FAMILY AND/OR THOSE LIVING IN THE SAME OF HOUSEHOLD OF EACH SUCH EMPLOYEE) ARE NOT ELIGIBLE. SUBJECT TO ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS. BY PARTICIPATING IN THIS PROMOTION, ENTRANTS AGREE FULLY AND UNCONDITIONALLY TO THESE TERMS AND CONDITIONS AND JUDGES’ DECISIONS, WHICH ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. WINNING A PRIZE IS CONTINGENT ON FULFILLING ALL REQUIREMENTS SET FORTH HEREIN. VOID WHERE OTHERWISE PROHIBITED BY LAW. IF YOU ARE UNABLE TO SAFELY COMPLETE ANY LEVEL OF PHYSICAL ACTIVITY OR PERFORM ANY ACTIVITY OF THE CHARACTER REQUIRED TO PARTICIPATE IN THE PROMOTION, DO NOT DO SO. CONSULT YOUR PHYSICIAN TO ASSESS AND DETERMINE YOUR ABILITY TO PERFORM PHYSICAL ACTIVITIES SUCH AS THOSE REQUIRED TO PARTICIPATE IN THE PROMOTION. BY PARTICIPATING IN THE PROMOTION YOU AGREE THAT YOU ARE VOLUNTARILY PERFORMING ANY AND ALL ACTIVITIES AND THAT ONLY YOU ARE RESPONSIBLE FOR YOUR HEALTH AND WELL BEING REGARDING SUCH ACTIVITIES.
2. PROMOTION PERIOD: The Promotion begins January 1, 2019 at 12:00:01 a.m. Eastern Time (“ET”) and ends May 31, 2019 at 11:59:59 p.m. ET (“Promotion Period”).
3. HOW TO ENTER: Complete the steps described in Phase I and Phase II. Statements and Essays must meet the requirements described below and in Rule 4. You may also choose to upload photos or videos in Phase II as described below. Your Statement, Essay, and optional photos or videos together are considered one entry (“Submission”).
Phase I – Promotion Registration: Between January 1, 2019 and January 31, 2019, visit PositivelyUnstoppable.com (the “Promotion Site”). Follow the on-screen instructions to properly complete the registration form and provide a statement (up to 100 words) describing your Positively Unstoppable goal (“Statement”). Your goal can be physical, mental and/or spiritual. Hint: We recommend using DDP’s SMACKDOWN guidelines when setting your goals for this challenge.
Phase II – Promotion Submission: February 1, 2019 and May 31, 2019, return to the Promotion Site and log into the account you created during Phase I. Then, follow the on-screen instructions to: write and submit a short essay of no more than 500 words on how you have achieved or worked toward your Positively Unstoppable Goal you provided in Phase I (“Essay”). Your Essay can include information such as: (i) a description of the challenges you have faced while working toward your goal, (ii) the progress you have made toward your goal, (iii) how you have achieved the progress you have made toward your goal, and (iv) how working toward your goal (or achieving it) has changed your life.
When you submit your Essay, you also will have the option to upload any before/after photos or videos to support your entry as described below. Any photos or videos submitted must include a clear date and timestamp to be considered.
Requirements for videos and photos:
• Videos: Each video must be uploaded to YouTube.com and the ‘Visibility’ must be set to ‘Unlisted’. Once uploaded to YouTube, you can provide video URL in the form field on the Promotion Site. Each video must not exceed 180 seconds.
• Photos: Each photo must be in .JPG or .PNG format and must not exceed 15 MB, Photos may be uploaded by following the on-screen instructions on the Promotion Site.
You may enter as many times as you like, but each Submission must be unique, as determined by the judges in their discretion. If two or more Submissions are substantially similar, only the Submission that was completed first will be considered for judging, regardless who makes the Submissions.
4.ENTRY REQUIREMENTS AND RESTRICTIONS: Each Submission must comply with the requirements detailed above and herein. All Submissions must be originally created of entrant. Each entrant agrees Sponsor has permission to use entrant’s name, likenesses and performance in the Submission and to exercise the rights set forth herein in a form acceptable to Sponsor. Submissions must be relevant to the Promotion. Additionally, failure of any Submission to comply with the below requirements and restrictions, as determined by Sponsor, in their sole discretion, may result in disqualification of entrant. Entries will not be acknowledged or returned. Entries must be written in English and suitable for presentation in a public forum, in the sole determination of Sponsor.
Any Submission containing any of the following will be disqualified:
• Violates or infringes another's rights, including without limitation, privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
• Contains material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• Contains any unacceptable clothing, accessories, or adornments, or displays any commercial/corporate advertising other than that of the Sponsor;
• Contains indecent or unsafe behavior or situations, profanities or obscenities, including but not limited to nudity, or pornography, or is otherwise inappropriate, indecent, profane, obscene, hateful, tortuous, slanderous or libelous;
• Contains material that promotes illegal activity or violence;
• If Submission does not represent a positive attitude;
• Contains or depicts someone smoking, intoxicated or under the influence of narcotics;
• References persons or organizations without their written permission other than that of Sponsor;
• Disparages or defames any persons or organizations including but not limited to Sponsor, Administrator or any other person or party affiliated with the Promotion;
• Includes threats to any person, place, business, or group;
• Is unlawful, in violation of or contrary to all applicable federal, state, or local laws and regulations;
• Contains anything that is determined to damage or diminish the goodwill of the Released Parties (defined below), as determined by such entities solely in their respective discretion;
• Is otherwise inappropriate, objectionable, or unsuitable for the uses contemplated in these Official Rules, including for presentation in a public forum, as determined by Sponsor in its sole discretion.
Entries using macro, robotic, script, or other forms of automatic posting will be disqualified. Proof of submission does not constitute proof of receipt. If there is a dispute as to the identity of an online entrant, the prize will be awarded to the authorized account holder of the email address associated with the email account providing during registration in Phase I. The “authorized account holder” is defined as the natural person to whom the email address is assigned by an Internet service provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain. A potential winner may be asked to provide the Sponsor and/or Administrator with proof that the potential winner is the authorized account holder of the email address associated with the winning entry. If a dispute cannot be resolved, the entry will be deemed ineligible and an alternate winner may be selected. No responsibility is assumed for entries and winner notification responses that are lost, delayed, misdirected, illegible, inaccessible, incorrect, or incomplete, and such entries will not be eligible for this Promotion.
Phase III – Winner Selection: On/about July 31, 2019, two (2) potential winners will be selected based on the following Judging Criteria:
• Inspirational nature of entrants Submission – 25%
• Expression of goal – 25%
• Creativity / originality – 25%
• Quality of Submission – 25%
5. GRAND PRIZE: Two (2) Grand Prizes Available – Grand Prize consists of a trip for winner and one (1) guest to participate in a prize determination drawing at a special event (“the Event”), all as described below (each, an “Event Prize Drawing”).
Event Prize Drawing:
During the Event, each Grand Prize Winner has the opportunity to select one (1) envelope/container from among one hundred (100) envelopes/containers. Ninety-nine (99) of the one hundred (100) envelopes/containers will contain a $5,000 message; one (1) envelope/container will contain a $1,000,000 message. The message in the envelope/container determines the amount of the Prize to be awarded to the person opening that envelope/container. The $1,000,000 Bonus Prize, if any, will be awarded in the form of an annuity payable as $50,000 per year for 20 years.
Event Trip Details:
Selection of Event date/location is in Sponsor's discretion. Event is expected to take place in Atlanta, GA and is currently anticipated to occur during August 2019. Dates and locations are subject to change. Event trip consists of: (a) round trip airline transportation (coach class) for winner and one (1) guest from major airport nearest winner’s residence to Atlanta, GA; (b) ground transportation to and from the airport and the Event; (c) hotel accommodations (consisting of one double occupancy, standard room) for two (2) consecutive nights; (d) two (2) tickets to the Event on the date selected by Sponsor, plus the opportunity to take part in the Event Prize Drawing. Exact location and date will be communicated to winner at time of winner selection/validation. If a winner cannot attend Event on the dates specified, prize will be forfeited and may be awarded to an alternate winner, time permitting. Approximate Retail value ("ARV") of trip and Event portion of prize: $7,500; actual value may vary depending on departure city and destination cities; if winner lives within 200 miles of Atlanta, GA, ground transportation may be provided in lieu of air travel; any difference between actual value and advertised value will not be awarded. Winner and his/her guest must travel on dates determined by Sponsor and travel is subject to blackout dates and availability. Prize Winner is solely responsible for any and all expenses and incidental travel costs not expressly stated in the Grand Prize description herein, including but not limited to ground transportation between winner’s residence and airport of departure or any other location not specified above, in-room charges (e.g., mini-bar, room service, telephone, movies), meals and beverages, gratuities, travel upgrades, baggage fees, and personal incidentals. Winner will be required to provide a valid major credit card or some other acceptable form of payment, as determined in the hotel’s sole discretion upon hotel check and all in-room charges, telephone calls, meals, beverages, hotel upgrades, amenities, personal incidentals and any other expenses charged to the Winner’s hotel room will be charged to that major valid credit card or deducted from the deposit provided. The ARV of the Grand Prize may vary based on the commercial airport nearest winner’s permanent residence, as well as hotel fluctuations at the time of travel. Sponsor is not responsible for any fees or additional charges resulting from the winner’s or a guest’s changes to itinerary or accommodations and winner is solely responsible for any and all charges incurred due to a Guest’s name change or trip cancellation. Travel is subject to terms and conditions set forth in these Official Rules and those set forth by selected travel providers, availability and other material restrictions may apply. Winner and guest must travel on the same itinerary. Winner’s guest must be at least age of majority in his/her state of residence and may be required to sign a Liability/Publicity Release (where legal) prior to ticketing. Once a guest is selected, the guest may not be substituted, except at the Sponsor's sole discretion. Winner and guest will be solely responsible for obtaining valid U.S. government photo identification prior to travel and the associated costs for these requirements. Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels or other transportation companies or any other persons providing any of these services and accommodations to passengers including any results thereof such as changes in services or accommodations necessitated by same. Sponsor shall not be liable for any loss or damage to baggage. Winner and guest are responsible for obtaining their own medical and life insurance and the associated costs. All travel is subject to any and all restrictions instituted by the Department of Defense and/or Department of Homeland Security, as required.
GENERAL: The ARV is determined as of the date of the printing of these Official Rules. The difference in the value of a prize as stated herein and value at time of prize notification, if any, will not be awarded. Prizes are non-transferable, are not redeemable for cash and no substitutions will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if a designated prize (or a component thereof) should become unavailable for any reason. Prizes are taxable income to the winners and each winner will be responsible for all taxes and fees associated with prize receipt and/or use, if any. Sponsor will not pay for or offset any tax liability on any prize. Prizes are subject to the Promotion and all applicable federal and state laws. Eligibility, age and claims made by any winner are subject to verification. Potential winners will be required to complete/notarize an affidavit of eligibility and a liability and (where imposing such condition is legal) a publicity release, which potential winners must return to Sponsor representative within ten (10) business days of notification. If the potential winner notification is returned as undeliverable, the potential winner is ineligible, or the potential winner declines the prize, the potential winner will be disqualified and an alternate winner will be selected. Sponsor is not responsible for fraudulent calls or e-mails made to entrants not by the Sponsor.
Acceptance of a prize constitutes winner’s permission for Sponsor to use winner's Submission, name, video, likeness, voice, biographical information, statements, and address (city and state) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation, except where prohibited by law.
6.PRIZE CONDITIONS: Sponsor may conduct a background check to confirm eligibility and compliance with these rules. By entering, you agree to cooperate reasonably with any such background check. Failure to cooperate may result in disqualification and selection of an alternate winner. If a potential winner or potential guest has engaged in or does engage in any conduct that could damage the reputation or business of any sponsor, as determined by Sponsor in its discretion, the potential winner may be disqualified and the prize may be awarded to an alternate winner, time permitting. Each potential winner and potential guest must also comply with all requirements for proper and appropriate behavior during any prize-related activities or events. Any inappropriate behavior, as determined by sponsor in its sole discretion, may result in removal from any activity or event.
No transferring of prize, prize substitution, or cash equivalent of prize permitted by winner. The Sponsor reserve the right to substitute the prize with a prize of equal or greater value in the event an advertised prize becomes unavailable. Any difference between the actual value of any prize and the approximate retail value set forth in these official rules may not be claimed and will not be awarded. If any portion of the prize becomes unavailable, Sponsor reserves the right to award the remainder of tripas the Grand Prize. If not eligible entries are received for this Promotion, Sponsor reserves the right not to award Grand Prize.
7.CONDITIONS OF PARTICIPATION: Entrants agree to be bound by the terms of these Official Rules. Decisions of Administrator and/or Sponsor is final and binding on all matters pertaining to this Promotion. By participating in the Promotion, each entrant agrees to release, discharge, indemnify, and hold harmless Sponsor, Promotional Parties, and those involved in the development, production, implementation, and distribution of this Promotion, including each of their respective parent companies, affiliates, subsidiaries, service providers, and agencies, and each of their respective directors, officers, agents, employees, attorneys, and any other person or entity associated with such entities and/or the Promotion (collectively, "Released Parties"), from any and all liability for any and all claims, damages, losses or injuries of any kind whatsoever, including without limitation, death, and bodily injury, damages, losses or injuries, or any injury, loss or damages of any kind to persons, including death, or property, arising from or relating to, in whole or in part, directly, or indirectly, from the awarding, delivery, acceptance, use, misuse, possession, loss or misdirection of any prize, including entry and participation in this Promotion or any Promotion or prize or prize related activity, including, but not limited to acceptance, possession, use or misuse of any prize. For New Jersey residents, nothing herein prohibits awarding of damages or attorneys’ fees if mandated by statute.
Each potential winner will be required to provide his/her social security number to the Sponsor and an IRS Form 1099 will be issued in each winner's name. No responsibility is assumed for any printing, typographical, mechanical or other error in these Official Rules, any online or other advertisements for the Promotion, the announcement of any prize, or otherwise in any materials.
8.GENERAL: No responsibility is assumed for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, communication line failure, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, server, provider, mobile device, electronic, computer, hardware or software malfunctions or limitations of any kind including any injury or damage to entrant’s or any other person’s computer or mobile device related to the Promotion, or inaccurate transmissions of or failure to receive entry information on account of technical problems or traffic congestion on the Internet, at any Web site, on any app, or any combination thereof.
If for any reason the Promotion is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, human error, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Promotion, Sponsor reserves the right at its sole discretion to cancel, terminate, modify, or suspend the Promotion and to select winner from among the eligible entries received that are unaffected by the problem. Sponsor further reserves the right to disqualify any individual who tampers with the entry process, violates these Official Rules, or undermines the integrity of the Promotion. The Sponsor may prohibit an entrant from participating in the Promotion if it determines that said entrant is attempting to undermine the legitimate operation of the Promotion by cheating, hacking, deception, or other unfair playing practices or intending to abuse, threaten or harass other entrants.
Caution: Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Promotion is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserve the right to seek damages from any such entrant to the fullest extent of the law.
9.DISPUTES: Except where prohibited, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or in connection with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred with entering into the Promotion, if any; (3) no punitive, incidental, indirect, special, consequential or other damages, including without limitation lost profits, or attorneys’ fees, may be awarded, whether foreseeable or not and whether based on negligence or otherwise (collectively, "Special Damages"); and 4) entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased.
10.GOVERNING LAW: This Promotion shall be governed by, and construed in accordance with, the laws of the State of Georgia, regardless of conflicts-of law-principles. Any action or litigation concerning this Promotion shall take place exclusively in the federal or state courts sitting in Georgia, and each entrant expressly consents to the jurisdiction of and venue in such courts and waives all defenses of lack of jurisdiction and inconvenient-forum with respect to such courts. Each entrant agrees to service of process by mail or other method acceptable under the laws of the State of Georgia.
12.NAME OF WINNER: For name of winner, send a stamped, self-addressed envelope by August 30, 2019 to: Positively Unstoppable Winners List, P.O. Box 1916, New York, NY 10156.
13.SPONSOR: DDP YOGA, 1239 Concord Rd SE, Smyrna, GA 30080 USA
14.ADMINISTRATOR: The A Team LLC, 1441 Broadway, New York, NY 10018 USA
15. FOR CANADA ONLY: Any potential winner from Canada must answer a time-limited mathematical skill testing question without assistance of any kind, whether mechanical or otherwise, to be administered by telephone at a time specified by Sponsor. Failure to answer skill-testing question correctly in the time provided will result in disqualification and selection of an alternate winner, at Sponsor’s sole discretion. Personally identifiable information you submit in connection with the Promotion will be collected, used and disclosed only for the purposes of administering the Promotion, prize fulfillment, as you otherwise expressly consent or as required by law. By entering the Promotion, you consent to such collection, use and disclosure.