november 2022 Sweepstakes

Eat The Frog Fitness® “Frog Rewards” Sweepstakes

Official Rules

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID ANYWHERE OUTSIDE OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA (“U.S.”), AND WHEREVER PROHIBITED OR RESTRICTED BY LAW.

I. Eat The Frog Fitness® “Frog Rewards” (“Sweepstakes”) is open to residents of the United States, who are 18 years of age or older. Void where prohibited.

II. Sweepstakes Period: This Sweepstakes begins on November 1st, 2022, at 12:01 AM Pacific Daylight Time (“PDT”) and ends at 11:59 PM PDT on November 30th, 2022 (the “Sweepstakes Period”). Sponsor reserves the right to terminate, extend, suspend or otherwise modify the Sweepstakes Period and select the Winners in a random drawing from among all eligible entries received during the modified entry period. The foregoing right to modify the period during which entries may be accepted may be exercised in the sole discretion of Sponsor, including, without limitation, if Sponsor determines that the Sweepstakes is not capable of running as planned due to tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes.

III. How To Enter: A Sweepstakes entry can be obtained by the following method, subject to the individual limitations for each entry method:

A. PROMOTIONAL ENTRY: 

Eat The Frog Rewards Members can enter by the following: 

Members who have earned Frog Points can submit points into the raffle.  For Promotional Entry you must be registered as a Eat The Frog Rewards Member (“Rewards Member”) with a participating Eat The Frog Fitness® franchise studio. 

If you are not registered as a Rewards Member please visit the website here: https://eatthefrogfitnessrewards.com and follow the on-screen registration instructions to complete your registration. If you have already registered as a Rewards Member, you do not need to re-register as a Rewards Member. Limit is, one prize per each Rewards Member. 

Any entrant who attempts to enter with multiple email addresses, under multiple identities, or uses any device or artifice to register multiple times will be disqualified and forfeits any and all prizes won, in Sponsor’s sole discretion. No other form of entry is valid. Entries generated by script, macro or other automated means or by any means which subvert the entry process are void. All entry emails received must be valid and capable of receiving and sending emails.

The information provided by entrant in https://eatthefrogfitnessrewards.com will only be used to determine eligibility and to contact the Winners in association with this Sweepstakes. By entering this Sweepstakes, the entrant agrees to these Official Rules, the Privacy Policy as published at https://www.eatthefrogfitness.com/privacy-policy.aspx and the judge’s decisions which are final and binding in all matters relating to the Sweepstakes. Additionally, as it relates to this Sweepstakes, entrant also consents to the use of their original entry as well as their name, likeness, and/or image to be available to the public, in perpetuity, whether online or in any other form of media, including but not limited to the following: television, film, radio, magazines, internet, mobile applications, or for any and all advertising and promotional purposes. Entrants expressly acknowledge that no compensation shall be given, unless prohibited by law, for either the submission of their original entry or, if selected as a Winner, their participation in any and all forms of future media. Use of entry for any of the purposes previously stated does not in any way constitute Winner status of that entry and should not be interpreted as such. Any entries featured for Sweepstakes promotional purposes have the same opportunity of winning as all other entries.

ETF Franchising, LLC (“Sponsor”) and your local participating Eat The Frog Fitness® franchise studio (also a “Sponsor”), their affiliates, subsidiaries, franchisees and agencies are not responsible for failures or difficulties, or other errors of any kind whether human, mechanical, electronic or network. Persons who tamper with or abuse any aspect of this Sweepstakes, or act in violation of the Official Rules, or act in any manner to threaten or abuse or harass any person, or violate Website’s terms of service, as solely determined by Sponsor, will be disqualified. Neither Sponsor, its agencies nor their franchisees are responsible for any incorrect or inaccurate information or equipment malfunction associated with or used in this Sweepstakes, and assumes no responsibility for any errors, omission, deletion, interruption or delay in the operation of the Sweepstakes. 

IV. Eligibility: The Sweepstakes is open to legal residents of the United States who are 18 years of age or older and who possess either a valid state identification card or driver’s license. Anyone less than 18 years old is not eligible to enter the Sweepstakes. Sponsor, employees of Sponsor, immediate family members of Sponsor, and their respective partners, affiliates, subsidiaries, contractors, officers, directors, managers, members, advertising and promotion agencies, or judges (collectively "Sweepstakes Parties") and any other individual or company involved in the development or execution of the Sweepstakes at any time during the Sweepstakes Period, and the immediate family members and/or those living in the same household of each are not eligible to enter or win. 

V. Random Drawing/Selection of Winners: four (4) Eat The frog Fitness® “Frog Rewards” prize winners (“Winners”) will be selected at random in a drawing to be held on or about December 1, 2022 (“Prize Drawing”) from among all eligible entries received during the Sweepstakes Period. Winners may not substitute, assign or transfer the Eat The Frog Fitness® “FrogRewards” prize (“Prize”) (except to a surviving spouse), but Sponsor reserves the right, at its sole discretion, to substitute the Prize (or portion thereof) with one of comparable or greater value. Limit one (1) Prize per each Winner. In no event will Sponsor be responsible for awarding more than the one (1) Prize to a Winner. Odds of winning are based on the total number of eligible entries received per prize. The Prize has no cash redemption or equivalent. Winners are responsible for all applicable federal, state and local taxes, if any, as well as any other costs and expenses associated with Prize acceptance and use not specified herein as being provided. All Prize details are at Sponsor’s sole discretion.

On or about one (1) business day after the Prize Drawing, Administrator will notify the potential Prize Winners via the email or phone number provided upon entry into the Sweepstakes. No liability is assumed for any winner notification that is lost, intercepted or not received by the Winner for any reason. Failure to respond to any winner notification within two (2) business days may result in disqualification and selection of an alternate Winner. The Winners may be required to sign an affidavit of eligibility, liability/publicity release (where legal), and an IRS Form W-9. Failure to comply when requested may result in disqualification and selection of an alternate Winner. If a Winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a Prize for any reason prior to award, such potential Winner will be disqualified and an alternate Winner may be selected. Any alternate Winner selected will also be required to adhere to the eligibility requirements described herein. Sponsor reserves the right to require proof of identification, age, eligibility, and acceptance of these Official Rules from any Winner prior to awarding a Prize.

VI. THE PRIZE OPTIONS: The four (4) winners will receive one of the following based on their points entries:

· One (1) 5-Night Resort Stay in Mexico

· One (1) $100 Pick Your Gift Card 

· One (1) Veho STIX True Wireless Bluetooth Earphones

· One (1) 2-Night Hotel Stay (Pick your location, anywhere in the US)

APPROXIMATE VALUE

The Approximate Retail Value of all 4 Prizes total is around $1,500 US Dollars. 

Prize is awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. The Prize restrictions/conditions stated herein are not all-inclusive. Upon delivery of the Prize to the Winner, Sponsor will be deemed to have awarded the Prize to the Prize Winner with the Winner assuming full responsibility for the Prize received. If the Prize Winner chooses not to receive any portion of the Prize awarded or fails to respond to the notification of being chosen, said portion of the Prize will be forfeited without further compensation. Prize has no redeemable cash value. 

VII. General Sweepstakes Rules: 

All federal, state and local tax liabilities, including sales tax liabilities, as well as any incidental expenses on the Prize are the sole responsibility of the Winner. All federal, state and local laws and regulations apply to this Sweepstakes. 

The Prize Winners will be required to complete an Affidavit of Eligibility/Release of Liability. Acceptance of a Prize constitutes permission to the Sponsors and its agencies to use the Winners' name and/or likeness for purposes of advertising and trade without further compensation, unless prohibited by law. 

Sponsor and Sweepstakes Parties are not responsible for any typographical or other error in the printing, the offering or the administration of the Sweepstakes, or in the announcement of Prize. 

By participating in this Sweepstakes, entrants agree to release and hold Sponsor and Sweepstakes Parties harmless (including but not limited to their partners, affiliates, subsidiaries, promotion, fulfillment, judging agents and agencies and each of their respective parent companies, affiliates, subsidiaries, officers, directors, representatives, attorneys, agents and employees), from any and all liability whatsoever for any injuries, losses or damages of any kind, including bodily injury or death, arising from or in connection with, either directly or indirectly, (1) the awarding, acceptance, receipt, possession, use and/or misuse of any Prize awarded herein; or (2) participation in the Sweepstakes or any Prize related activities, including but not limited to traveling to and from any Prize related activity. Sponsor and Sweepstakes Parties make no representation or warranties concerning the appearance or safety of any Prize awarded or any travel related to such. The Winner assumes all liability for any injury or damage which occurs or is caused, or claimed to be caused, by participation in this promotion or use or redemption of any Prize, including without limitation, death.

UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN AWARDS FOR, AND PARTICIPANTS HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER. IN NO EVENT SHALL SPONSOR BE LIABLE TO ANY PARTICIPANT OR WINNER FOR DAMAGES THAT EXCEED THE VALUE OF THE PRIZE TO BE AWARDED TO THE INDIVIDUAL ENTRANT IN THIS SWEEPSTAKES. In the event that a court, or other tribunal of competent jurisdiction, shall hold any of the provisions of these Official Rules to be illegal, invalid, or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Official Rules shall otherwise remain in full force and effect.

Failure to comply with these official rules may result in disqualification from the Sweepstakes. Sponsor reserves the right to: (i) permanently disqualify from any Sweepstakes it sponsors any person it believes has intentionally violated these official rules; and (ii) withdraw the entrants entry(ies) if it/they become technically corrupted, (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Sweepstakes), and to select the Winners from among all other eligible entries received.

VIII. Future Marketing: As a result of you entering the Sweepstakes, Sponsor, Sweepstakes parties, and/or its affiliates may also send you future marketing information from or on behalf of Sponsor, Sweepstakes Parties, their affiliates, and/or like parties. Sweepstakes participants will be provided an opportunity to opt out of receipt of this marketing information or from the sharing by Sweepstakes parties or Sponsor of your personal information with our promotional partners or other third parties. We want to assure you that Sponsor is dedicated to protecting your privacy. 

IX. Governing Law/Venue: Under no circumstances will entrants be permitted to obtain awards for, and entrants hereby waive all rights to claim punitive, incidental, special, or consequential damages, or any other damages, including attorneys’ fees, and entrants further waive all rights to have damages multiplied or increased. by entering you consent to exclusive jurisdiction and venue in the courts of KING COUNTY,WASHINGTON. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrants and Sponsor in connection with this Sweepstakes, shall be governed by, and construed in accordance with, the substantive laws of the State of Washington, without regard to conflict of law principles. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN WASHINGTON. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN KING COUNTY, WAASHINGTON. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ENTRANTS AGREE THAT ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SWEEPSTAKES SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION

X. Legal Warning: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE OR INTERFERE WITH THE OPERATION OF THE SWEEPSTAKES, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

XI. Request for Name of Winners: For the name of the Prize Winners, available after the Sweepstakes Period has ended, and/or Official Rules, send a self-addressed stamped envelope, to be received by January 1, 2023 to: Frog Rewards Sweepstakes, 22619 SE 64th Place, Suite 220 WA 98027

XII. Sponsor: The Sponsor of this Sweepstakes is ETF Franchising, LLC, 22619 SE 64th Place, Suite 220 WA 98027