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Proteus Afterburner Challenge – Official Rules

HOW TO ENTER

No purchase or payment of any kind is necessary to enter or win this Proteus Afterburner Challenge 2021 (the “Contest”). Any purchase or payment will not increase your chance of winning the Contest. The Contest begins on 9:00am EST on December 6, 2021 and ends at 11:59 pm EST on December 8, 2021 (the “Contest Period”). Throughout the Contest Period, you may enter the Contest by completing the “Afterburner” workout on a Proteus Motion machine and submitting your resulting “Work Score” as a high res screenshot photo or video of all information displayed with the Work Score (the “Score,” which together with any materials and information you provide, constitute the “Entry” or “Entries”). You may enter multiple times, but may only receive 1 Prize. Entries may be submitted by (a) email to [[email protected]] with “Proteus Afterburner Challenge Score” in the subject line, or (b) posting the Score through your Twitter or Instagram account (each a “Platform”), tagging @proteusmotion, and including #ProteusChallenge in the caption. Make sure your settings are public so we can find your post and confirm you’ve properly entered during the Contest Period. Online entry is the only method of entry. All referenced links throughout the Official Rules are embedded directly in the accompanying text.

By entering into this Contest, you acknowledge and agree that: (a) you have opted-in to each Platform’s terms of use, privacy policies, and community guidelines as well as Proteus’s terms and of use relating to the use of any Proteus Motion machine, a copy which is also available here; and (b) by opting-in, the you have read and consent to such terms of use. Entries that are incomplete, false or deceptive are void. Entries must be in English and shall not contain any elements that violate a third party’s copyrights, trademark rights, or personal, privacy, or other rights of any kind. Without limitation, Entries should not depict, tag, or reference any individuals that have not granted permission to be featured and be bound by these Official Rules. Entries must not contain any material that Proteus Motion, Inc. (“Proteus”), deems inappropriate for public dissemination. The Winners will be picked and announced on December 9, 2021 from all qualifying Entries received during the Contest Period. Proteus’s computer will serve as the official time keeping device for this Contest.

Eligibility

In order to enter, you must be a legal resident of the United States of America and the District of Columbia (excluding Arizona and Rhode Island), and at least the age of majority of such state as of December 6, 2021. Employees of Proteus and its advertising and promotional agencies, and any other entities participating in the design, marketing, administration or fulfillment of this Contest, as well as each of their parent corporations, subsidiaries and affiliated companies (collectively with Proteus, the “Contest Entities”), and each of their immediate families and members of their households are ineligible to participate in this Contest. Void where prohibited.

Selecting the Winner and Notification; General Conditions:

Proteus will review all eligible entries after the close of the Contest Period and select 6 winners based on the 3 highest Scores for men and the 3 highest Scores for women (each an “Entrant,” collectively, the “Entrants”). Proteus, whose decision is final and binding in all respects, will contact the selected Entrants through the email included in the Entry (“Email”) or through direct message to the provided social media handle included in the Entry (“DM”) on or about that specified date and time set forth in Section 1 (“Potential Prize Winner”). Odds of winning the Prize depend on the number of eligible entries received from Entrants during the Contest Period. Failure of Potential Prize Winner to respond to such notification within 24 hours will result in disqualification of Potential Prize Winner and an alternative Potential Prize Winner will be selected, who will be contacted via Email or DM as soon as practicable and shall also have 24 hours to respond. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED (WHICH MAY REQUIRE ENTRANT’S EXECUTION AND RETURN OF AN AFFIDAVIT OF ELIGIBILITY, A LIABILITY RELEASE, AND/OR A PUBLICITY RELEASE CONSISTENT WITH THE TERMS HEREIN AND AS DETERMINED IN PROTEUS’S SOLE DISCRETION), AND ENTRANT HAS BEEN NOTIFIED VERIFICATION IS COMPLETE (each a “Winner”). By entering this Contest, Entrant accepts and agrees to these Official Rules and the decisions of Proteus, which shall be final in all matters.

Each Entrant acknowledges and agrees that a significant element of consideration Entrant is receiving is the opportunity to participate in the Contest and the potential publicity Entrant may receive if selected as a Winner by Proteus. Except where prohibited by law, by entering into this Contest and/or accepting the Prize, each Entrant hereby irrevocably and exclusively grants to the Contest Entities, and their licensees, affiliates, and assigns (collectively, the “Licensed Parties”), (or, if any applicable law prohibits such assignment, Entrant hereby grants to the Licensed Parties, an irrevocable, royalty-free right and license (but not obligation) in and to the Entries and every part thereof and thereto, including but not limited to, the name, photograph, likeness, statements, and biographical information related thereto (collectively, the “Materials”), throughout the universe, in perpetuity in any and all media, whether now or hereafter known or devised, for any and all purposes, including but not limited to commercial or advertising purposes, without review, credit, permission, or further compensation or consideration. Without limitation, each Entrant understands and agrees that the rights granted herein include reproduction and/or exploitation of the Materials or derivatives thereto, in whole or in part, in any media throughout the world, in perpetuity and throughout the universe as may be conferred upon the Licensed Parties under all applicable laws, regulations, or directives. Entrant hereby irrevocably waives all so-called “moral rights of authors” and “droit moral” rights (and any similar rights under the laws of any country of the world) in connection with the Materials and exploitation of any nature.

Prizes and Taxes

The Winners shall receive prizes (each a “Prize,” collectively, the “Prizes”) based on the following: the highest male and female Score shall be awarded first place (“First Place”), the second highest male and female Score shall be awarded second place (“Second Place”), and the third highest male and female score shall be awarded third place (“Third Place”). Each First Place Winner will receive a $100 Visa gift card, Contest championship wrestler belt, and a Proteus t-shirt. Each Second Place Winner will receive a silver Contest medal and a Proteus t-shirt. Each Third Place Winner will receive a bronze Contest medal and Proteus t-shirt. Total Prize approximate retail value for the Contest is $800.00 USD. Winner is solely responsible for any costs or expenses associated with or resulting from acceptance of any Prize. Limit 1 Prize per family or household per Contest Period. No substitution or transfer of Prize permitted by Winner. Additional restrictions may apply.

Each Winner shall provide, upon Proteus’s request, all available information that Proteus may reasonably require to fulfill its obligations under any national, state, provincial, or local tax statute, regulation, or rule, including but not limited to a valid w9. Winner acknowledges that Proteus will rely upon such information to prepare all relevant tax materials, if any.

Selecting the Winner and Notification; General Conditions:

Proteus will review all eligible entries after the close of the Contest Period and select 6 winners based on the 3 highest Scores for men and the 3 highest Scores for women (each an “Entrant,” collectively, the “Entrants”). Proteus, whose decision is final and binding in all respects, will contact the selected Entrants through the email included in the Entry (“Email”) or through direct message to the provided social media handle included in the Entry (“DM”) on or about that specified date and time set forth in Section 1 (“Potential Prize Winner”). Odds of winning the Prize depend on the number of eligible entries received from Entrants during the Contest Period. Failure of Potential Prize Winner to respond to such notification within 24 hours will result in disqualification of Potential Prize Winner and an alternative Potential Prize Winner will be selected, who will be contacted via Email or DM as soon as practicable and shall also have 24 hours to respond. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED (WHICH MAY REQUIRE ENTRANT’S EXECUTION AND RETURN OF AN AFFIDAVIT OF ELIGIBILITY, A LIABILITY RELEASE, AND/OR A PUBLICITY RELEASE CONSISTENT WITH THE TERMS HEREIN AND AS DETERMINED IN PROTEUS’S SOLE DISCRETION), AND ENTRANT HAS BEEN NOTIFIED VERIFICATION IS COMPLETE (each a “Winner”). By entering this Contest, Entrant accepts and agrees to these Official Rules and the decisions of Proteus, which shall be final in all matters.

Each Entrant acknowledges and agrees that a significant element of consideration Entrant is receiving is the opportunity to participate in the Contest and the potential publicity Entrant may receive if selected as a Winner by Proteus. Except where prohibited by law, by entering into this Contest and/or accepting the Prize, each Entrant hereby irrevocably and exclusively grants to the Contest Entities, and their licensees, affiliates, and assigns (collectively, the “Licensed Parties”), (or, if any applicable law prohibits such assignment, Entrant hereby grants to the Licensed Parties, an irrevocable, royalty-free right and license (but not obligation) in and to the Entries and every part thereof and thereto, including but not limited to, the name, photograph, likeness, statements, and biographical information related thereto (collectively, the “Materials”), throughout the universe, in perpetuity in any and all media, whether now or hereafter known or devised, for any and all purposes, including but not limited to commercial or advertising purposes, without review, credit, permission, or further compensation or consideration. Without limitation, each Entrant understands and agrees that the rights granted herein include reproduction and/or exploitation of the Materials or derivatives thereto, in whole or in part, in any media throughout the world, in perpetuity and throughout the universe as may be conferred upon the Licensed Parties under all applicable laws, regulations, or directives. Entrant hereby irrevocably waives all so-called “moral rights of authors” and “droit moral” rights (and any similar rights under the laws of any country of the world) in connection with the Materials and exploitation of any nature.

Prizes and Taxes

The Winners shall receive prizes (each a “Prize,” collectively, the “Prizes”) based on the following: the highest male and female Score shall be awarded first place (“First Place”), the second highest male and female Score shall be awarded second place (“Second Place”), and the third highest male and female score shall be awarded third place (“Third Place”). Each First Place Winner will receive a $100 Visa gift card, Contest championship wrestler belt, and a Proteus t-shirt. Each Second Place Winner will receive a silver Contest medal and a Proteus t-shirt. Each Third Place Winner will receive a bronze Contest medal and Proteus t-shirt. Total Prize approximate retail value for the Contest is $800.00 USD. Winner is solely responsible for any costs or expenses associated with or resulting from acceptance of any Prize. Limit 1 Prize per family or household per Contest Period. No substitution or transfer of Prize permitted by Winner. Additional restrictions may apply.

Each Winner shall provide, upon Proteus’s request, all available information that Proteus may reasonably require to fulfill its obligations under any national, state, provincial, or local tax statute, regulation, or rule, including but not limited to a valid w9. Winner acknowledges that Proteus will rely upon such information to prepare all relevant tax materials, if any.

Release and Indemnity

This Contest is subject to all applicable federal, state and local laws of the United States. By participating, Entrants agree to be fully and unconditionally bound by these Official Rules and the decisions of Proteus and waive any and all right to claim ambiguity in the Contest or these Official Rules or that Entrants’ publicity or similar rights were infringed upon. Without limiting the foregoing, each Entrant represents and warrants that (a) all information provided to Proteus in connection with the Contest is valid, true and accurate; (b) Entrant has all right, power, and authority necessary to enter the Contest, perform its obligations hereunder, and grant the rights it grants to the Licensed Parties; (c) the Entrant will comply with all applicable laws, regulations, orders and other requirements of any governmental authority related to its Entries hereunder without violating the rights of any third party, including, without limitation, publicity, privacy, and intellectual property rights.

Entrants and Winners also agree to release, discharge, indemnify and hold harmless the Licensed Parties, YouTube, Instagram, Facebook, Twitter, TikTok, and each of their respective officers, directors, employees, representatives and agents (collectively with the Licensed Parties, the “Released Parties”) from and against any claims, damages, disability, attorneys’ fees, and costs of litigation and settlement, as well as any liability due to any injuries, damages or losses to any person (including death) or property resulting from the Entrant’s breach of any obligations hereunder, including breaches of any representations and warranties; or of any acceptance, possession, ownership, misuse of any Prize. Proteus may rescind any Entries found to contain such errors without liability at its sole discretion.

PROTEUS AND THE CONTEST ENTITIES DO NOT MAKE ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OF ANY PROTEUS MOTION MACHINE, PRIZE OR, IF APPLICABLE, ANY PRIZE COMPONENTS, INCLUDING, WITHOUT LIMITATION, QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, NO RESPONSIBILITIES ARE ACCEPTED FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS OR ACTS OR GOVERNMENT OR AUTHORITY.

Limitation of Liability

The Released Parties are not responsible for: (a) lost, late, misdirected, undeliverable or incomplete Entries due to system errors or failure, or faulty transmissions or other telecommunications malfunctions and/or Entries; (b) technical failures of any kinds; (c) failures of any of the equipment or programming associated with or utilized in the Contest; (d) unauthorized human and/or mechanical intervention in any part of the entry process or the Contest; (e) technical or human error which may occur in the administration of the Contest or the processing of Entries; or (f) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or part, from Entrant’s participation in the Contest or receipt or use of any Prize. If for any reason any Entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, Entrant’s sole remedy is another Entry in the Contest. If for any reason this Contest is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, or any other causes beyond the reasonable control of Proteus which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, then Proteus reserves the right at its sole discretion to cancel, terminate, modify, or suspend all or any part of the Contest and to select Potential Prize Winners from among all eligible Entries received by Proteus up until the time of such cancellation, termination, modification or suspension, as applicable. By entering this Contest you are giving your permission to receive emails from Proteus.

To the extent permitted by applicable law, all judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) associated with participation in this Contest and shall not include any indirect, punitive, incidental and/or consequential damages.

Jury Trial Waiver

EXPECT AS PROHIBITED BY LAW AND AS A CONDITION OF PARTICIPATING IN THIS CONTEST, ENTRANT HEREBY WAIVES ANY RIGHT HE/SHE MAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS CONTEST, ANY DOCUMENT OR AGREEMENT ENTERED INTO CONNECTION HEREWITH AND ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY.

Applicable Laws and Jurisdiction

This Contest is subject to all applicable federal, state, and local laws and regulations. Issues concerning the construction, validity, interpretation and enforceability of these Official Rules for this Contest shall be governed by the laws of the State of New York, without regard to any principles of conflict of laws. Should there be a conflict between the laws of the State of New York and any other laws, the conflict will be resolved in favor of the laws of the State of New York. All disputes arising out of or connected with this Contest will be resolved individually, and without resort to class action, exclusively by binding arbitration by a single arbitrator in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association, in Brooklyn, New York. The arbitrator shall be an expert in the field of intellectual property law and marketing. All parties shall bear their own expenses, except that parties shall equally share the expenses of the arbitrator (except for the required non-refundable filing fees which shall be paid solely by the party asserting the related claim). Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

No Association

This Contest is in no way sponsored, endorsed or administered by or otherwise associated with any social media platform, including but not limited to, YouTube, Instagram, Facebook, Twitter, and TikTok.

Rules/Winners List

Each Entrant acknowledges that if he/she is chosen as a winner, certain of his/her identifying information may be disclosed to third parties as required by law, including without limitation, on a winner’s list. The names of the Winners will be announced on Proteus social media pursuant to the schedule set forth above and also included in Proteus’s email newsletter. For 30 days after the Contest Period, you may also send an email to [[email protected]] for the names of the Winners. In the subject of the email, type “Proteus Afterburner Challenge 2021 WINNERS.” No correspondence will be entered into except as noted herein.

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