TC2018 - CA

LET’S MOVE FOR A BETTER WORLD©” – 2018 EDITION

Conditions of the Initiative

Introduction.

  • Technogym USA Corp ("Technogym") intends to launch a public awareness campaign on the importance of physical activity to fight obesity and sedentary lifestyle.

  • In addition to promoting physical activity, Technogym USA Corp ("Technogym") will publicize the initiative on its channels which may allow facilities:

    • To increase member engagement and participation;

    • To increase their number of members (participants have to go to a facility taking part in the initiative).

  • To do this, Technogym USA Corp ("Technogym") is launching a campaign among fitness facilities (the “Initiative”) within the United States of America. The enabled Technogym® equipment within the participating facilities will be able to translate the training carried out by the members of the individual facilities into “MOVEs” (the measurement unit for movement adopted by the Technogym® ecosystem), to establish a remote collection of MOVEs among all the participating facilities.

Article I. Conditions of the Initiative

Promoter:

  • The Initiative is promoted by Technogym USA Corp ("Technogym") (registered number: 800-804-0952) (hereinafter “Promoter”), a company registered in Canada. Promoter’s registered office is 700 Rt. 46 East, Suite 210, Fairfield, NJ 07004.

Requirements:

  • Those eligible to participate in the Initiative are fitness facilities located in the Canada (hereinafter the “Facility(ies)”) equipped with Technogym® cardio and strength machines connected to the mywellness® cloud platform and running the CHALLENGE application;

  • Outdoor and manual tracking of MOVEs is not included and the maximum number of MOVES per day (not per workout) accepted by each end user that have subscribed to the Initiative and that have been generated within the facility is 2,000 MOVEs.

Recipients:

  • Each Facility must nominate a Recipient (hereinafter the “Recipient”) to receive the prize in the event that particular Facility achieves the winning level in the MOVEs collection for the Initiative as directed in the following section. The chosen Recipient must be a non-profit organization operating in the field of fighting obesity and sedentary lifestyle located locally to the premises of the Facility.

  • The educational institution selected as the Recipient of the charitable gift must be identified within the beginning of the challenge scheduled according to the following Article III.

Prize:

  • Each Facility achieving a total of 10,000,000 (ten million) MOVEs will receive a prize on offer in an amount of USD 10,000.00 (ten thousand/00) in Technogym® products and delivery and installation (“D&I”) services quoted at their list price, to be donated to the Recipient (the “Top Level Prize”).

  • Each Facility achieving a total of 3,000,000 (three million) MOVEs will receive a prize on offer in an amount of USD 3.000 (three thousand/00) in Technogym® products and D&I services quoted at their list price to be donated to the Recipient (the “Medium Level Prize”);

  • Each Facility achieving a total of 1,000,000 (one million) MOVEs will receive a prize on offer in an amount of USD 250.00 (two hundred and fifty/00) in Technogym® products and D&I services quoted at their list price to be donated to the Recipient (the “Entry Level Prize”). Each of the Prizes shall be donated to the selected Recipients.

  • The Prizes listed above will not be cumulative, meaning if the Facility achieves 10,000,000 MOVEs it does not receive the Medium and/or Low Level prizes; it will just receive the First Prize.  If, for instance, the Facility achieves 6,000,000 MOVEs, it will receive only the Medium Level prize.

  • A top representative for each of the participating Facilities will get the chance to come to TG Village in Cesena, Italy for the LET’S MOVE FOR A BETTER WORLD Conference, scheduled for a day between May and July 2018 (date to be confirmed, food & accommodation paid by Promoter, travel expenses not included). Each Facility shall be responsible for obtaining a publicity consent and release from such trainer available at www.technogym.com/letsmove

  • The Prizes are non-transferable, non-negotiable and cannot be substituted for any other prize or cash value.

  • Promoter reserves the right to substitute all or any part of the Prize for one of an equivalent or greater value if necessary for reasons beyond its control, and any change will be final and binding upon every person/User/ Facility that enters the Initiative.

Article II. Participation Requirements

Participation in the Initiative requires the Facility to:

  • Be equipped with Technogym® cardio and strength machines capable of communicating the MOVEs collected by the exercisers on the mywellness® cloud platform. This can be done either directly from the Internet enabled equipment or via a Technogym® device (the Technogym key or mywellness key) when it is plugged into a mywellness® cloud kiosk;

  • Have the CHALLENGE professional application;

  • Have a screen to display the results inside the Facility via a dedicated leaderboard;

  • Have a dedicated marketing pack as made available by the Promoter for any Facility subscribing to the Initiative;

  • Communicate the Initiative on the Facility’s social network accounts using the following hashtags: #movespower #letsmoveforabetterworld, #LMFBW, and #technogym.

  • Any Facilities participating in the Initiative abide to grant to the Promoter and to Technogym S.p.A. - a public company established and existing under the laws of Italy, with registered offices at via Calcinaro, 2861, 47521 Cesena (FC), Italy - an unrestricted and irrevocable license to use any contents, images, and videos created by the Facility in connection with the Initiative.

  • Any Facilities participating in the Initiative abide to grant access to the services of the Facility for free (no subscription fee or other compensation requested) for the entire Initiative duration to any individual not being already a member of the Facility who shows use of the Technogym® App on a personal device or any other specific marketing tool developed by the Promoter for the Initiative.

  • Each participating Facility must post a copy of these Official Rules and the User Consent form with other information about the Initiative (and the following web address at which the User Consent is available: www.technogym.com/us/letsmove) and notify each User that he/she will be required to accept the terms of the User Consent when activating the “Let’s Move for a Better World” option on the Facility’s CHALLENGE App. Such notice should include a notice that the User Consent requires the User to, among other things: (a) consent to the Official Rules; (b) represent that he/she is in good health to start a vigorous exercise program; and (c) release the Facility, Promoter, and Technogym and its directors, officers, employees, agents, and affiliates from any damage, injury, death, loss or other liability that may arise from his/her participation in the Initiative. After a User has signed up to participate in the Initiative, the Facility must send the User an email confirmation acknowledging the User’s participation and agreement to these Official Rules and the User Consent. No User may participate in the Initiative without consenting to the terms of the User Consent. There are no exceptions and any changes to the User Consent will disqualify the User from participating in the Initiative, although the Participant will still be bound by these Official Rules.

Article III. Machinery and Timing

  • The Facility that wishes to participate will need to meet the participation requirements listed above and register for the Initiative on www.technogym.com/letsmove or by submitting this registration form to the Promoter at the address below no later than February 23, 2018. In order to officially participate in the Initiative and be eligible to win a Prize, a Facility must agree to the Official Rules by registering at the website. Entries received after the Sign-up Deadline or that are mutilated, incomplete, illegible, inaccurate, forged or irregular in any way or otherwise not in compliance with these Official Rules are void.

  • Registration for the Initiative can only be made by the staff member who is registered as “Facility Director” on the mywellness® cloud platform.

  • Facilities that are part of a chain of clubs can register and take part in the Initiative only as an individual Facility and not as a chain of Facilities.

  • The Initiative will start at 00:01 a.m. (Eastern Standard Time EST) on the 12th March 2018 and end at 23:59:59 (Eastern Standard Time EST) of the 31st March 2018 (“Closing Date”).

  • Individual users (the “Users”) who take part in the Initiative shall register individually on mywellness.com or mywellness® mobile App or possess a Technogym key or mywellness® key individually assigned to them.

  • In order to contribute MOVEs to the Initiative, the User must train on cardio or strength machines connected to the mywellness® cloud.

  • The Facility they train at must have the CHALLENGE application and be signed up to the “Let’s Move for A Better World” campaign. Users will then use their mywellness.com account or the mywellness® or Technogym key individually assigned to him/her by the Promoter.

  • Users who are not already a member of a participating Facility may also participate in the Initiative for the Facility if he/she otherwise meets the above requirements to participate and (a) shows use of the CHALLENGE application on a personal device or any other specific marketing tool developed by Technogym for the Initiative, (b) signs up to use Facility services under the Facility’s “guest pass” program, and (c) agrees to the Official Rules and signs the User Consent, may participate in the Initiative on behalf of that Facility.

  • MOVEs collected from activities outside the Facility or manually uploaded will not count towards the Initiative and the maximum number of MOVES per day (not per workout) accepted by each User that have subscribed to the Initiative and that have been generated within the facility is 2,000 MOVEs.

  • Any Facility taking part in the Initiative will be indexed in the “Facility Finder” section of the www.technogym.com/letsmove and of the Technogym® App.

Prize Level Certification:

  • The Prize Level achieved by each Facility (either Top, Medium or Low) will be based on the total number of MOVEs accumulated by each Facility.

  • Promoter does not accept any responsibility for network, computer hardware or software failures of any kind that may restrict the sending or receipt of any MOVEs. Any MOVEs entries received after the Closing Date will be invalid.

  • A collection of all MOVEs will be displayed through a “moves counter” on the www.technogym.com/letsmove website, which will provide an update in real time of the MOVEs accumulated by the Facilities from all over the United States of America.

  • The Facilities counter will display only the total of the MOVEs accumulated by each Facility.

  • In addition, the MOVEs will be classified in “MOVEs Levels” – to display the total number of MOVEs collected by each Facility in respect to the Prize Levels achieved.

  • The Facilities that achieved any of the Prize Levels will be announced within 30 days of the Closing Date at 4:00 p.m. EST (the “Selection Date”) at www.technogym.com/letsmove.

  • Before being declared a confirmed Prize Winner, the eligible winner will be required to correctly answer a mathematical skill-testing question without mechanical or other aid.

  • Further, each Prize Winner will need to sign and submit a Release Form to the Promoter as a condition to being selected as a Winner. Similarly, the Prize Recipients will each need to sign and submit a Release Form as a condition to receiving the applicable prize.

  • Technogym will work with the Prize Winners and Prize Recipients to schedule delivery of the Prizes to Recipients. Each Prize Recipient must take delivery of the equipment no later than 30 days after the Recipient has been notified that of the Prize award, otherwise the Recipient forfeits any claim to the Prize. All delivery, installation, set-up and all other costs of the Prizes in excess of the prize amount are the responsibility of the Recipients.

  • If a Prize Winner fails to correctly answer the skill-testing question or if a Prize Recipient refuses the Prize (or refuses to execute the necessary consents and releases), the Prize Winner and the Prize Recipient will be disqualified. If disqualifications result in no Facility being declared a Winner, the Facility with the highest total MOVEs will be named the Winner. In the event of a tie, the Facility with the most Users in the Initiative (among the tied Facilities) will be the Winner. If there remains a tie after this process, the Winners will be selected by a random drawing from among the tied Facilities.

  • Promoter’s decision in this Initiative is final and legally binding and no correspondence will be entered into.

Exclusions:

  • Facilities that do not meet the requirements described above cannot take part in the Initiative.

  • Facilities must ensure that Users are either (a) (i) over 18 or (ii) between 15 and 18 years of age and have obtained parental consent to participate in the Initiative, (b) are a resident in the United States of America and members of a participating Facility, and (c) sign or agree in writing to the terms of the User Consent.

  • No Facility or User will be selected as the winner or be awarded any Prize without completing and submitting the applicable Release Form. There are no exceptions and any changes to the Release Form will disqualify the Facility or Recipient submitting the changed form from eligibility to receive a Prize.

  • Facilities must ensure that Users taking part in the Initiative have granted license to the Promoter and to Technogym S.p.A. to use their individual images and contents as posted on any social network in connection with the Initiative.

  • Failure to comply with any of these conditions will disqualify any entrant/Facility/User from taking part in the Initiative and the entry will be invalid.

  • Furthermore, Promoter reserves the right to appoint a third party for the management of any of its rights provided into these Terms and Conditions, included the right to disqualify any entrant and/or winner and/or amend these conditions at any time in its absolute discretion.

User Involvement:

  • Each Facility hereby undertakes to comply with all Data Protection Legislation in connection with any and all User personal data collected by it in connection with this Initiative.

  • Each Facility hereby undertakes to ensure that all Users are aware of the Initiative terms and conditions (including relevant entry and participation requirements, opening and closing dates, nature of the Prize, etc.) and to keep these conditions available to Users throughout the duration of the Initiative.

  • Each Facility hereby undertakes to ensure that Users taking part to the Initiative abide to grant to the Promoter and to Technogym S.p.A. an unrestricted and irrevocable license to use any contents, images, and videos created by the User in connection with the Initiative.

Article VI. Revocation of Promise or Change in Implementation Rules

  • Promoter may change the rules of the implementation of this Initiative or cancel it for just cause by giving prior notice to each participating Facility and User by email.

Article VII. Release and Indemnity

  • Each Facility participating in the Initiative acknowledges that, by participating in the Initiative, Participants will engage in strenuous exercise and inherent risk, including the possibility of bodily injury and/or death. Similarly, Facilities, Prize Winners and Prize Recipients acknowledge that use of the equipment as part of the Initiative and included in the Prize involves risk, including the possibility of bodily injury and/or death. By participating in this Initiative, each Facility, User, Prize Winner, and Prize Recipient expressly releases the Promoter and Technogym S.p.A., and their respective affiliates, agents, employees and directors from any claim, action or demand arising out of or in connection with the Initiative and, by participating in the Initiative, confirm that they assume total responsibility for their participation in the Initiative. Participants’ sole remedy against Promoter and/or Technogym S.p.A. for any dissatisfaction, loss, cost or damage in connection with the Initiative is to withdraw their participation from the Initiative.

  • Each Facility and User participating in the Initiative and each Prize Winner and Prize Recipient releases and hereby agrees to indemnify, defend, and hold Promoter and Technogym a S.p.A. and their respective directors, officers, employees, agents, and affiliates harmless from and against any and all loss, claim, damage, injury, death or other liability arising from its participation in the Initiative and/or its use of the equipment awarded as the Prize, including, without limitation, any claims asserted by any person using the Technogym equipment and any that may arise from Technogym S.p.A.’s negligence or otherwise, even if Technogym S.p.A. is expressly informed of the possibility of such loss or damage.

  • Furthermore, except where prohibited by law, in no event will Promoter or Technogym S.p.A. be liable to any Facility or User for any indirect, consequential, exemplary, incidental or punitive damages, including any indirect or consequential loss of (i) profits; (ii) business interruption; (iii) goodwill or reputation; (iv) data or (v) otherwise, even if Promoter has been advised of the possibility of such damages.

Article VIII. General

  • These rules are governed by the laws of Washignton State.

  • The Initiative will take place in the USA, except where prohibited by applicable law.

  • Promoter will make a minimum of three (3) attempts to contact the selected Facility by telephone or email within five (5) business days after the Selection Date. If a selected Facility cannot be contacted within such 5-day period or if the Prize notification is returned as undeliverable, or if that Facility fails or refuses to sign and submit the required Release forms, that Facility will be disqualified and will forfeit. The Promoter will then (and subject to the same procedure) award the Prize to the Facility as provided above.

  • The odds of winning depend on the number of Facilities that enter and the number of Users in the Initiative.

  • All federal, state, and local taxes and all other expenses not specified herein are solely the responsibility of the winning Facilities or Users.

  • Technogym disclaims all warranties, express or implied, including implied warranties of merchantability and fitness, relating to the Initiative and the Prizes. The Prizes are awarded “AS IS” without warranty of any kind. The only warranties given, if any, are those that are given in writing and that accompany the Technogym exercise equipment as and when delivered to the Prize Recipients.

  • The Prize Winners and Prize Recipients assume all risks of participating in the Initiative and in the delivery, installation, operation, and use of the equipment awarded as the Prizes, whether known or unknown.

  • Copies of these Official Rules may be obtained at www.technogym.com/letsmove or by sending a self-addressed stamped envelope to Initiative Rules at: 700 US Hwy Route 46 East, Fairfield, NJ 07004. Requests for Official Rules must be received by February 18, 2017. All times and dates in these Official Rules are Eastern Standard Time.

  • A list of the Prize Winners will be available at: www.technogym.com/letsmove and 700 US Hwy Route 46 East, Fairfield, NJ 07004 by the Award Date, by sending a self-addressed stamped envelope to Initiative Prize Winners at: 700 US Hwy Route 46 East, Fairfield, NJ 07004. Requests for Prize Winners must be received by the Award Date.

  • Technogym® is a registered trademark of Technogym S.p.A., a company incorporated under the laws of Italy, with registered offices at via Perticari, 20-47035 Gambettola (FC), Italy. Technogym-Let’s Move for a Better WorldTM, Let’s Move For a Better WorldTM, My Wellness®, and Excite® are trademarks of Technogym® filed and/or registered in the USA.

  • The Facilities and the Recipients awarded a Prize must keep the results confidential until the results are publicly announced by the Promoter.