January Giveaway 2019

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January 4, 2019
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Flip50 GiveAway Official Rules

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

  1. Eligibility. The flip50 GiveAway (the “Sweepstakes”) is open to legal residents of each of the fifty (50) states in United States and the District of Columbia who are at least eighteen (18) years old (or the age of majority in their respective jurisdiction of residence), whichever is greater, as of the date of their Sweepstakes entry. Employees, officers and directors of Tivity Health Services, LLC (“Sponsor”), AARP, AARP Services, Inc., and their parent companies, subsidiaries, affiliates, advertising agencies, promotional suppliers and their immediate family members (spouses and parents, children and siblings and their spouses, regardless of where they live) or members of the same households (whether related or not) of such individuals are not eligible to enter the Sweepstakes. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void where prohibited.

  2. Agreement to Official Rules. By participating in the Sweepstakes, entrant fully and unconditionally agree to and accepts these Official Rules and the decisions of the Sponsor, which are final and binding in all matters related to the Sweepstakes. Whether an entrant receives a prize is contingent upon fulfilling all requirements set forth herein.

  3. How to Enter. The Sweepstakes entry period will begin on January 7, 2019 at 11:59 A.M., Central Standard Time and closes on January 31, 2019 at 11:59 PM, Central Standard Time (the “Sweepstakes Entry Period”). Any eligible person who subscribes to the flip50 Program during the Sweepstakes Entry Period will automatically receive one (1) entry in the Sweepstakes. An eligible person may also enter the Sweepstakes by subscribing to the “freemium” version of the flip50 Program which does not require payment of any subscription fees in order to subscribe. Limit (1) entry per flip50 subscriber during the Sweepstakes Entry Period.

  4. Selection and Notification of Winner

    A. On January 31, 2019, four (4) potential winners will be selected via a random drawing.

    B. The potential winners of the Sweepstakes will be announced by Sponsor on February 8, 2019 via the email address registered with submission.

    C. To claim the prize, potential winner selected (i) must meet all eligibility requirements, and (ii) may be required to produce proof of identity, address, and eligibility.

    D. Potential winners will be notified via the email address provided when the winner subscribed to the flip50 Program. By entering the Sweepstakes, entrants give their express permission to be so contacted by Sponsor. The winner must respond to notification within five (5) days of the date of notification through email.

    E. If a potential winner fails to claim the prize within the 5-day period or is otherwise found to be ineligible, or if a winner notification is returned as undeliverable, the Sponsor, at its discretion, may select an alternate winner or elect not to award the prize.

    F. THE POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE SWEEPSTAKES SHOULD SO INDICATE, UNLESS AND UNTIL ENTRANT’S ELIGIBILITY IS VERIFIED BY SPONSOR.

  5. Prizes. Each of the four (4) winners will receive a prize which includes a one (1) year paid subscription to the flip50 Program which also includes a flip50 VISA gift card, which may be used by winner ($16 value) to purchase a one (1) year membership to AARP. Prize is valued at up to $471. Winner must be an AARP member or purchase an AARP membership to use the flip50 subscription. Total Prize Approximate Retail Value (“ARV”): $1,884.00. Prizes are non-transferable and no substitution 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 the designated prize should become unavailable for any reason. Each winner is responsible for any and all federal, state and local taxes, including income taxes, if any, imposed as a result of or in connection with winning, awarding or use of a prize. When required, the winner will receive an IRS Form 1099 for the approximate retail value of the prize. Odds of winning the prize depends on the number of eligible entries received. Potential winners will be required to complete and sign an Affidavit of Eligibility, a Liability Release and Publicity Release, and an IRS Form 1099, which all must be returned within seven (7) days after receipt or prize will be forfeited and awarded to an alternate winner, which alternate winner will be selected in a random drawing from among all remaining eligible entries. If prize is returned undeliverable, an alternate winner will be selected from among all remaining eligible entries. In the event that a potential winner is disqualified for any reason, Sponsor will select an alternate winner by random drawing from among all remaining eligible entries from the applicable Entry Period. Prizes will be fulfilled approximately four (4) weeks after the conclusion of the Sweepstakes. By accepting a prize, winner consents to the use of his/her name, image, likeness, photograph, voice, entry and biographical material for programming, advertising, publicity, and promotional purposes by Sponsor, or party designated by the Sponsor, in any and all media now or hereafter devised, including but not limited to, any online announcements, worldwide and on the Internet in perpetuity, without additional compensation, notification, approval, inspection or permission, except where prohibited by law.

    The ($16 value) flip50 Visa Reward Card is issued by MetaBank®, Member FDIC. Pursuant to a license from Visa® U.S.A. Inc. The Visa Reward Card can be used everywhere Visa debit cards are accepted. A Foreign transaction fee of 3% of the purchase value is charged for foreign transactions. If your card is lost or stolen, a Replacement Card Fee of $5 will be charged to replace your card. Funds expire on the expiration date designated on the front of the card. By using this card, you consent to the cardholder agreement which can be found at OminCard.com/cards/terms. Distributed and serviced by Blackhawk Network California, Inc. No Cash or ATM access.

  6. RELEASE: BY RECEIPT OF ANY PRIZE, THE APPLICABLE WINNER AGREES TO RELEASE AND HOLD HARMLESS SPONSOR, AARP, AARP SERVICES, INC., AND THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, PARTNERS, MEMBERS, AND AFFILIATES AND EACH SUCH COMPANY’S OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) FROM AND AGAINST ANY CLAIM OR CAUSE OF ACTION, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DEATH, OR DAMAGE TO OR LOSS OF PROPERTY, ARISING OUT OF PARTICIPATION IN THE SWEEPSTAKES OR RECEIPT OR USE OR MISUSE OF ANY PRIZE.

  7. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. In such event, Sponsor may, in its sole discretion, determine the Sweepstakes winners from among all non-suspect, eligible Submissions received up to time of such action using the judging procedure outlined above, and Sponsor reserves the right to award the winner at random from among the eligible entries received up to the time of the impairment. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or those of any other promotion or in an unsportsmanlike or disruptive manner and void all associated Submissions. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

  8. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Sweepstakes, the uploading, the processing or judging of Submissions or votes or the tabulating of votes, the announcement of the prizes or in any Sweepstakes -related materials; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize. Released Parties are not responsible for any unauthorized third party use of any Submission. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes entry, if it is possible. If the Sweepstakes, or any part of it, is discontinued for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.

  9. Dispute Resolution: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be brought by entrant in entrant’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff or similar proceeding (“Class Action”). Entrant expressly waives any ability to maintain a Class Action in any forum. ENTRANT UNDERSTANDS THAT ENTRANT WOULD HAVE A RIGHT TO BE A PARTY TO A CLASS OR REPRESENTATIVE ACTION BUT HAS CHOSEN TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Tennessee without giving effect to any choice of law or conflict of law rules (whether of the State of Tennessee or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Tennessee.

  10. WINNER LIST: A list of winners will be posted at www.myflip50.com/JanuaryGiveaway2019Winners on or about February 15, 2019 and will remain posted until January 31, 2020. For the name of the winner available after February 1, 2020, send a self-addressed, stamped envelope to Tivity Health, Attn: flip50 Brand Manager, 1445 S. Spectrum Blvd, Chandler, AZ 85286.

  11. Entrant’s Personal Information: Information collected from entrant is subject to Sponsor’s Privacy Policy at https://www.myflip50.com/terms-and-conditions.

  12. Sponsor: Tivity Health Services, LLC, 701 Cool Springs Blvd., Franklin, TN 37067.

© 2019 Tivity Health, Inc. All rights reserved.

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