7. How to Claim the Prize. Each potential winner will be notified in person (if present when potential winners are announced) or by email or telephone and may be required to provide a current email address for delivery of the Prize. Before designation as an official winner, a potential winner may be required to execute and return to the Studio a Liability and Publicity Release no later than ten (10) business days after such release is provided by Studio. A potential winner is subject to disqualification under any of the following circumstances: (i) a finding of ineligibility; (ii) non-compliance with the terms of this Addendum; (iii) the potential winner declines to accept the Prize; or (iv) if Studio does not timely receive the completed Liability and Publicity Release. Disqualification will result in the potential winner forfeiting the Prize without compensation of any kind, and Studio may select an alternate potential winner from among all remaining eligible participants. The Prize will be given to the winner in the studio or at the TC Celebration within 14 days ater the final TC date. After the winner is declared an official winner. Studio, Ultimate Fitness Group, LLC, OTF Franchisor, LLC, and their respective successors, parent companies, subsidiaries, divisions, affiliates, area representatives and agencies (collectively, the "Challenge Entities") shall not be held responsible for any delay in awarding a Prize for any reason outside of their control.
8. Conditions of Entry. Participants who have not complied with the terms of this Addendum are subject to disqualification and their entries to the Challenge will be void. Studio reserves the right to disqualify any participant's registration in the Challenge if Studio determines or suspects that the Participant has attempted to undermine the legitimate operation of the Challenge by cheating, hacking, deception, or other fraudulent, deceptive, or unfair playing practices. Studio reserves the right to cancel, modify, or suspend this Challenge at any time if fraud, technical failures, or any other errors or other causes corrupt the administration, security, integrity, or proper play of the Challenge. In the event of cancellation, Studio reserves the right to select winners from among all eligible entries received up to the time of such cancellation, in a manner determined by Studio to be fair, appropriate, and consistent with the terms of this Addendum. None of the Challenge Entities warrant that access to the Challenge will be uninterrupted. None of the Challenge Entities are responsible for any problems that may arise, including but not limited to: (i) failure of personal computers and/or software and hardware configurations; (ii) any technical malfunctions, failures, or difficulties, printing errors, clerical, typographical, or other errors in connection with the administration of the Challenge; (iii) the processing of mail, registrations, or entries; (iv) the offering or announcement of the Prize or in any Prize notification documents; (v) any other errors of any kind relating to or in connection with the Challenge, whether human, mechanical, clerical, electronic, or technical in nature; or (vi) the incorrect or inaccurate capture of information, or the failure to capture any information in connection with the Challenge.
9. Participant's Responsibility. Participant agrees that Participant will at all times comply with the provisions of the Agreement. Participant acknowledges that any recommendations provided by Studio for meeting Challenge goals are simply recommendations and Studio in no way guarantees any participant's success in winning the Challenge based on any recommendations provided. Participant also acknowledges that at all times Participant's participation in the Challenge is voluntary. Participant agrees to assume full responsibility for any and all injury or damages sustained while voluntarily participating in all aspects of the Challenge at Participant's sole risk and discretion. Participant also agrees to abide by any and all rules and regulations for use of the Studio which may be promulgated from time to time by the Studio.
10. Use of Information. Should Participant win the Challenge, by accepting the Prize, Participant grants to Studio and its successors, assigns, affiliates, and its/their respective members, managers, shareholders, directors, officers, employees, instructors or agents (collectively, "Studio Parties") and Ultimate Fitness Group, LLC, OTF Franchisor, LLC, and any of its/their past, present, or future parents, subsidiaries, predecessors, successors, entities under common ownership, assigns, or affiliates, or their respective officers, directors, incorporators, members, partners, owners, agents, management, controlling parties, entities under common control, vendors, suppliers, service providers, investors, attorneys, employees, or representatives (collectively, "Franchisor Parties") the absolute right and license to use, publish, post, and/or display his/her name and Studio location in any and all media now known or hereafter devised, throughout the world, in perpetuity, without additional compensation or consideration, notification or permission, unless prohibited by law. For additional information on how the Studio Parties and Franchisor Parties may collect and process personal information related to the paper or digital forms you complete, your use of the Studio, or your participation in any Orangetheory Fitness class, please see the Studio's privacy policy or the Orangetheory Fitness privacy policy at https://www.orangetheory.com/en-us/privacy-policy/.
11. Consent to Receive Communications. By registering to participate in this Challenge, you consent to receive email communications related to the Challenge. You understand and acknowledge that you may opt out/unsubscribe from receiving email communications related to the Challenge by emailing legal@orangetheory.com (please allow 7-10 days to process such requests You further agree that we may use certain tools to capture data related to your interaction with such communications, such as when you open a message or click on a link.
12. Promotions. To the extent that Studio offers any contest, sweepstakes, giveaway, prize, or other promotion (collectively, "Promotion") in connection with the Challenge: (i) Participant accepts the terms and conditions stated herein and as otherwise provided by Studio concerning the Promotion and agrees to be bound by the decisions of the Studio in connection with the Promotion; and (ii) Participant understands and agrees that Studio reserves the right, in its sole discretion, to disqualify Participant in the event any fraud or misconduct occurs in connection with the Challenge.
13. General. The failure or decision of Studio not to enforce any provision in this Addendum will not constitute a waiver of that or any other provision. If any provision within this Addendum is held to be invalid or otherwise unenforceable or illegal, that part will be excluded from this Addendum, and the remainder of the Addendum will remain in full force and effect. Employees of Studio are not authorized to waive, modify, or amend any provision or provisions of this Addendum in any manner whatsoever. ANY ATTEMPT BY A PARTICIPANT OR
OTHER INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THIS CHALLENGE IS A VIOLATION OF LAW. SHOULD SUCH AN ATTEMPT BE MADE, STUDIO RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS' FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
14. Dispute Resolution. Participant agrees that all disputes arising out of or with respect to this Addendum or participation in the Challenge will be resolved in accordance with the dispute resolution provisions set forth in the Agreement.
15. Entities. Participant understands that Studio is an independently owned and operated business separate from the Franchisor Parties.
BY SIGNING BELOW, I HEREBY REPRESENT AND WARRANT THAT I HAVE READ, ACKNOWLEDGE, AND ACCEPT THE
ABOVE TERMS AND CONDITIONS OF THE ADDENDUM.