Last updated March 25, 2015
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. MAKING A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. The RunKeeper Microsoft Band Marathon Challenge (the "Challenge") is sponsored by Microsoft ("Sponsor"), having an address of One Microsoft Way, Redmond WA 98052.
Subject to these Official Rules, the Challenge is open to all users of the RunKeeper Application, all of whom are at least 18 years old as of the date of entry. Employees of Sponsor, and their respective parents, affiliates, subsidiaries, and advertising and promotion agencies and any other entity involved in the development or administration of this Challenge, and their immediate family members or household members are not eligible to participate in or win the Challenge. THE CHALLENGE IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW OR WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENTS WOULD BE REQUIRED BUT HAVE NOT BEEN MET, OR WHERE THE METHODS OF ENTRY SET FORTH BELOW WOULD BE DEEMED CONSIDERATION. ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS APPLY.
The Challenge opt-in period begins at 12:00 am Eastern Standard Time on March 30, 2015. The Challenge begins at 12:00am Eastern Standard Time on April 3, 2015 and ends at 11:59 pm Eastern Standard Time on April 30, 2015 ("Entry Period").
No purchase or payment is necessary to participate in the Challenge. During the Entry Period, enter the Challenge through visiting www.microsoftband.runkeeper.com.
Sponsor expressly reserves the right to disqualify any entries that it believes in good faith are generated by an automated means or scripts. Entries generated by script, macro or other automated means are void.
For 10 randomly selected users who completed the Challenge:
Decisions of the Sponsor are final and binding with respect to all matters related to the Challenge. In no event shall the Sponsor be obligated to award any Prizes other than the Prize specified in these Official Rules. The Prize is non-transferable and no substitutions (including, without limitation, for cash) are permitted, except that Sponsor reserves the right to substitute a prize of equal or greater monetary value for any Prize if such Prize should become unavailable for any reason. Winners shall be responsible and liable for all federal, state and local taxes on the value of the Prizes, and any related shipping and handling charges.
All Prizes will be awarded based on the above criteria. In the event of a dispute regarding the identity of the potential winners, the potential winners will be deemed to be the person in whose name the applicable user/email/Twitter/Facebook account is registered.
The Challenge will be conducted under the supervision of the Sponsor. The decisions of the Sponsor are final and binding in all matters relating to this Challenge. Winners will receive, via email, a notification from the Sponsor upon completion of the Challenge, however, Sponsor reserves the right to determine an alternate method of notification. Winners must claim their Prize by May 15, 2015. A Challenge winner's failure to respond to the Prize notification by May 15, 2015 will be considered such Challenge winner's forfeiture of the Prize and an alternate winner may be selected from the pool of eligible entries. If an entrant is found to be ineligible, an alternate winner may also be selected from the pool of eligible entries.
By entering the Challenge or accepting a Prize, you agree to conform to all federal, state and local laws and regulations. When applicable, the winners may be required to execute and return (and winning may be conditioned upon the winners executing and returning) to Sponsor, within ten (10) business days, an Affidavit of Eligibility and a Liability and Publicity Release drafted by Sponsor to be eligible for the Prize or an alternate winners will be selected. Winners may be required in Sponsor's sole discretion to complete relevant tax forms as a condition to the delivery of the applicable Prize. Winners may also be required to furnish proof of identity, address and birth date in order to receive a Prize.
Unless prohibited by applicable law, your acceptance of a Prize constitutes your permission to use your name, photograph, likeness, voice, address (city and state) and testimonials in all media, in perpetuity, in any manner Sponsor deems appropriate for publicity purposes without any compensation to such entrant or any review or approval rights, notifications, or permissions; and constitutes your consent to disclose your personally identifiable information to third parties (including, without limitation, placing the winner's name on a winner's list).
An entrant or winner may be disqualified from the Challenge if he or she fails to comply with each provision of these Official Rules, as determined in the sole discretion of the Sponsor. Participation in the Challenge is at entrant's own risk. Sponsor shall not be liable for: (1) failed, returned or misdirected notifications based on inaccurate information provided by the winner in connection with an entry; (2) entries and responses to winner notifications which are lost, late, incomplete, illegible, unintelligible, postage-due, misdirected, damaged or otherwise not received by the intended recipient in whole or in part or for computer or technical error of any kind; (3) any electronic miscommunications or failures, technical hardware or software failures of any kind, lost or unavailable network connections, or failed incomplete, garbled or delayed computer transmissions which may limit an entrant's ability to participate in the Challenge; (4) any technical malfunctions of the telephone network, computer on-line system, computer equipment, software, program malfunctions or other failures, delayed computer transactions or network connections that are human, mechanical or technical in nature, or any combination thereof, including any injury or damage to entrant's or any other person's computer or mobile device related to or resulting from downloading the App or otherwise in connection with this Challenge; or (5) any warranty with respect to any Prize or any component thereof. THE PRIZES ARE AWARDED "AS IS" AND SPONSOR DOES NOT MAKE ANY, AND HEREBY DISCLAIMS ANY AND ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE PRIZES.
NOTWITHSTANDING ANYTHING ELSE HEREIN OR OTHERWISE, SPONSOR AND/OR ITS VENDORS SHALL NOT BE LIABLE OR OBLIGATED WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR (A) ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, GOODWILL, OR ANTICIPATED PROFITS), (B) DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, AND/OR (C) ANY MATTER BEYOND SUCH PARTIES' REASONABLE CONTROL.
By entering the Challenge, you agree to and hereby do release and hold harmless Sponsor, and their respective parents, subsidiaries and affiliated entities, directors, officers, employees, attorneys, agents, and representatives from any damage, injury, death, loss, claim, action, demand, or other liability (collectively, "Claims") that may arise from your acceptance, possession and/or use of any Prize or your participation in this Challenge, or from any misuse or malfunction of any Prize awarded, regardless of whether such Claims, or knowledge of the facts constituting such Claims, exist at the time of entry or arise at any time thereafter. Any person attempting to defraud or in any way tamper with this Challenge may be prosecuted to the full extent of the law. Sponsor reserves the right to modify these Official Rules in any way or at any time. Sponsor reserves the right, in its sole discretion, to cancel or suspend this Challenge should viruses, bugs or other causes beyond their control corrupt the administration, security or proper operation of the Challenge. In the event of cancellation or suspension, Sponsor shall promptly post a notice on Sponsor's website to such effect. This Challenge shall be governed by Massachusetts law, without regard to conflicts of laws provisions. By participating in this Challenge, you agree that any dispute or litigation arising from or relating to this Challenge shall be determined by binding arbitration only in Boston, Massachusetts, by and under the Streamlined Arbitration Rules and Procedures of JAMS, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, Sponsor may seek equitable relief in any court of competent jurisdiction. If any provision of these rules is held to be illegal or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that these rules otherwise remain in full force and effect and enforceable.