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WHOOP - 10 Year Anniversay Giveaway (Official Rules)

#MYWHOOP 10 YEAR ANNIVERSARY GIVEAWAY

Help us Celebrate 10 Years of Whoop

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR CLAIM A PRIZE. A PURCHASE OR PAYMENT WILL NOT IMPACT AN ENTRANT’S OPPORTUNITY TO WIN.

OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES INCLUDING THE DISTRICT OF COLUMBIA WHO ARE AT LEAST 18 YEARS OLD AT THE TIME OF ENTRY.

VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

The #MyWHOOP 10 Year Anniversary Giveaway (“Contest”) is sponsored by Whoop, Inc., (“Sponsor”) located at 1325 Boylston Street, #401, Boston, MA 02215.

1.  CONTEST PERIOD AND DESCRIPTION: The Contest begins on Sunday, October 23, 2022 at 10 am ET and ends on Saturday, October 29, 2022 at 11:59 pm ET (the "Contest Period"). During the Contest Period, an eligible entrant can enter the Contest by following the instructions set forth in Section 3 of these Official Rules. After the Contest Period, there will be a judging period (“Judging Period”) where ten (10) finalists (“Finalists”) will be selected according to the judging criteria set forth in Section 5. The Judging Period will start on or about Wednesday, October 26, 2022, and will end on or about Monday, October 31, 2022. Each Finalist will be announced on or about Monday, October 31, 2022. Once the Finalists are announced, there will be a voting period (“Voting Period”) where five (5) grand prize winners (“Grand Prize Winners”) will be selected by viewers of the Sponsor’s Instagram stories. The Voting Period will be held on or about Tuesday, November 1, 2022, from 9 am Et to 5 pm ET. Grand Prize Winners will be announced on or about Wednesday, November 2, 2022. Because of the unique nature and scope of the Contest, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Terms and Conditions or otherwise governing the Contest. Sponsor cannot accurately predict the number of Entrants who will participate in the Contest

2.  ELIGIBILITY: Open to legal residents of the United States and District of Columbia who are 18 years of age or older at the time of entry ("Entrant" or “Contestant”). Sponsor, and its respective affiliates, subsidiaries, success, assigns, agents, representatives, officers, directors, shareholders, and employees, and any entity involved in the development, production, implementation, administration, judging or fulfillment of the Contest (collectively, the "Contest Entities"), including without limitation, the Household Members and Immediate Family of such individuals, are not eligible to participate. Household Members and Immediate Family Members of such individuals are also not eligible to enter or win. "Household Members" shall mean those people who share the same residence at least three months a year. "Immediate Family Members" shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses. This Contest is subject to all applicable federal, state and local laws and regulations and is void where prohibited or restricted by law. By participating in this Contest, an individual who enters or participates in the Contest agrees to be bound by these Official Rules and the decisions of Sponsor, which are final and binding in all matters pertaining to the Contest.

3. HOW TO ENTER: During the Contest Period, an eligible Contestant may create and submit a video visualizing the Contestant’s use of and experience with their Whoop strap (“Submission”). Each Submission must include the hashtag #MyWHOOP and comply with the guidelines and restrictions as set forth in Section 4 below. A Contestant must be a follower of @Whoop on the respective social media platform used to enter the Contest (e.g., Instagram or TikTok) at the time of entry and continuing until November 3, 2022 for winner notification purposes to be eligible to win/claim a prize. By entering the Contest and using the hashtag listed above, Contestant hereby agrees to the terms and conditions of these Official Rules. The entry method for each social media website is set forth below. Contestant may select any of the methods available to enter a Submission into the Contest. 

  • Instagram: During the Contest Period, an eligible Contestant may log in to Instagram and post the Submission to their account.

  • TikTok: During the Contest Period, an eligible Contestant may log in to TikTok and post the Submission to their page.

A Contestant must have a non-private Instagram account or a non-private TikTok to enter the Contest. If Contestant does not have a non-private Instagram account, one can be created at no cost using the Instagram application on a compatible mobile device. Use of Instagram will be subject to Instagram’s privacy policy and terms of use.  If Contestant does not have a non-private TikTok account, one can be created at no cost using the TikTok application on a compatible mobile device. Use of TikTok will be subject to TikTok’s privacy policy and terms of use. This Contest is in no way sponsored, endorsed or administered by, or associated with Instagram or TikTok.

4. LIMITATIONS ON ENTRIES. LIMIT ONE ENTRY PER PERSON. No third-party entry or entry through any contest service is permitted. Any person who attempts or otherwise encourages the entry of multiple or false contact information under multiple identities, as determined by Sponsor, will be disqualified. Use of robotic entry devices is strictly prohibited.

5. SUBMISSION GUIDELINES AND RESTRICTIONS: Each Submission must:

  • Contain the designated hashtag (#MyWHOOP);

  • Follow the instructions and comply with these Official Rules; 

  • Comply with the respective social media platform’s Terms of Service and Privacy Policy;

  • Not contain material that violates or infringes another’s rights, including, but not limited to, privacy, publicity, or intellectual property rights, including copyrights infringement, trade names, or patented features;

  • Not disparage Sponsor or any other person or party affiliated with the promotion and administration of the contest;

  • Not contain material that is inappropriate, indecent, led, pornographic, obscene, hateful, tortious, defamatory, slanderous or libelous (as determined by Sponsor at Sponsor’s sole discretion);

  • Not contain, facilitate, reference, or use material that promotes bigotry, racism, hatred, or harm against any group or individual or promotes discrimination based on race, gender, ethnicity, religion, nationality, disability, sexual orientation, political orientation, citizenship, ancestry, marital status, or age (as determine by Sponsor at Sponsor’s sole discretion);

  • Not contain any viruses, spyware, malware, or other malicious components that are designated to harm the functionality of a computer in any way; and

  • Not contain material that is unlawful, in violation of or contrary to the law or regulations in any jurisdiction where Submission is created.

6. LICENSES: Entering a Submission constitutes Contestant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, nonexclusive license to use, reproduce, modify, publish or create derivative works from and display the Submission in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If requested, Contestant will sign any documentation that may be required for Sponsor or its designees to make use of the nonexclusive rights contestant is granting to use the Submission. This license expressly includes a right (but not the obligation) for Sponsor to modify submissions to remove any third party intellectual property. Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Submission for any purpose which Sponsor deems necessary or desirable, and each Contestant irrevocably waives any and all so-called moral rights they may have therein. Each Contestant hereby acknowledges that such Contestant does not reserve any rights in or to the Submission.

Sponsor grants Contestants a limited, revocable, non-sublicensable license to use Sponsor’s name, product, trademarks and logos (collectively, “Sponsor’s IP”) for the sole purpose of entering this Contest. Contestants are not permitted to make any further use of Sponsor’s IP for any purpose whatsoever. In addition, contestants recognize that all rights, titles and interests in Sponsor’s IP shall vest exclusively to the Sponsor, and Contestant agrees that he or she has not and will not take any action that might harm or adversely affect such rights. No rights, titles or interests in and to the Sponsor’s IP, except for the limited license granted to Contestant in these Official Rules, are transferred or created. Each Contestant further acknowledges and agrees that Sponsor’s IP rights are valid and enforceable, and that Contestant shall do nothing to challenge the validity or enforceability of Sponsor’s IP in any forum. Contestants agree that the use of Sponsor’s IP is permitted only for the purpose of making a submission in this Contest, and that any use of Sponsor’s IP (whether in the Submission or otherwise) beyond this scope infringes the rights of Sponsor and will result in irreparable harm to Sponsor.

7. JUDGING AND WINNER SELECTION: During the Judging Period, all eligible entries received during the Contest Period will be judged by a qualified panel of judges selected from the Sponsor’s marketing team (“Judges”). The Judges will score each eligible Submission according to an agreed upon judging criteria. The ten (10) Contestants with the highest score from the Judges will be deemed Finalists. Once the Finalists are selected, their videos will be shared on Sponsor’s Instagram stories for voting via the Instagram stories polling feature. The five (5) Finalists with the highest number of votes will be deemed a Grand Prize Winner.

8. GRAND PRIZE: Each of the five (5) Grand Prize Winners will receive one 10-year membership to Whoop (each, a “Grand Prize”). Approximate retail value of each Grand Prize is $2,400. Winner is solely responsible for any federal, state, and local taxes.

The Grand Prize is awarded “as is” with no warranty or guarantee, either express or implied, by Sponsor. Only one prize per person and per household will be awarded. The Grand Prize cannot be transferred, redeemed for cash or substituted by Grand Prize Winner. Sponsor reserves the right in its sole and absolute discretion to award a substitute prize of equal or greater value if a prize described in these Official Rules is unavailable or cannot be awarded, in whole or in part, for any reason. The approximate retail value of the Grand Prize represents Sponsor's good faith determination. That determination is final and binding and cannot be appealed. If the actual value of the Grand Prize turns out to be less than the stated ARV, the difference will not be awarded in cash. Sponsor makes no representation or warranty concerning the appearance, safety or performance of any prize awarded. Restrictions, conditions, and limitations may apply. Sponsor will not replace any lost or stolen prize items.
   
Failure to comply with the Official Rules will result in forfeiture of the Grand Prize.

9. WINNER NOTIFICATION: Winners will be notified via a direct message from Sponsor’s Instagram account. Any winner notification not responded to may result in Grand Prize forfeiture and Sponsor may select an alternate winner, subject to such alternate meeting the requirements of the Contest. Sponsor is not responsible for any delay or failure to receive notification for any reason. No substitution or transfer of the Grand Prize is permitted except by Sponsor. Grand Prizes will be fulfilled by November 15, 2022. 

10. NO OBLIGATION TO USE: Sponsor shall have no obligation (express or implied) to use any Submission, or to otherwise exploit any Submission or, if commenced, to continue to distribution or exploitation thereof, and Sponsor may at any time abandon the use of any Submission for any reason, with or without legal justification or excuse, and participants shall not be entitled to any damages or other relief by reason thereof.

11. PRIVACY: Any personal information supplied by you will be subject to the privacy policy of the Sponsor posted at Full Privacy Policy - WHOOP. By entering the Contest, you grant Sponsor permission to share any personally identifiable information with the other Contest Entities for the purpose of administration and prize fulfillment, including use in a publicly available winners list. Sharing of your Submission with Sponsor is the sole decision of the Entrant. Any further sharing of the Submission by Sponsor is subject to the consent of the Entrant.

12. WARNING: ANY ATTEMPT BY ANY PERSON, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER WITH OR VANDALIZE ANY SPONSOR-OWNED WEBSITE OR MOBILE APPLICATION, THE ENTRY PROCESS, OR OTHERWISE INTERFERE WITH OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

13. LIMITATION OF LIABILITY: By entering this Contest, Entrants waive all right to, and hold the Contest Parties harmless from, any claim, liability, loss, damage (including punitive, incidental, and consequential damages), or expense (including attorneys' fees) arising out of or in connection with participation in this Contest or the acceptance, use, or misuse of any prize. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. Contest Parties will not be responsible for: late, incomplete, or incorrect entries; an Entrant's failure to receive Grand Prize notices due to Entrant's spam, junk e-mail, or other security settings or for Entrants' provision of incorrect or otherwise non-functioning contact information; technical, hardware, or software malfunctions, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled, or delayed electronic communications whether caused by the sender or by any of the equipment or programming associated with or used in this Contest; by any human error which may occur in the processing of the entries in this Contest; or any typographical, technological, or other error in the publishing of the offer, administration of the Contest, or announcement of the Grand Prize. If, in the Sponsor's opinion, there is such an error, or there is any suspected evidence of tampering with any portion of the Contest, or if technical difficulties (including viruses and bugs) compromise the integrity of the Contest, Sponsor reserves the right, in its sole discretion, cancel or modify this Contest in a manner deemed appropriate by the Sponsor. In the event of termination, winners will be selected from among all eligible entries received as of date of termination. In the event a dispute arises as to the identity of a potentially winning Entrant, entries will be declared made by the name on the online entry form. 

14. GENERAL TERMS: By entering this Contest, you promise to abide by the Official Rules and decisions of Sponsor, which will be final and binding in all respects. Sponsor reserves the right, at its sole discretion, to refuse, disqualify or withdraw any entry at any time. 

15. PUBLICITY RIGHTS: Except where prohibited by law, by participating in this Contest and/or accepting the prize, each Contestant grants Sponsor a perpetual, worldwide, royalty-free license to use Contestant’s name, photograph, video, entry, voice and/or likeness without further authorization, compensation, or remuneration of any kind for advertising, promotion and other publicity purposes is any and all media now or hereafter known throughout the world.

16. CHOICE OF LAW AND FORUM: Entrant agrees that all matters arising out of or relating to this Contest and these Official Rules are governed by, and construed in accordance with, the laws of the Commonwealth of Massachusetts, without giving effect to any of its conflict of laws provisions thereof. Entrant further agrees that any legal suit, action, or proceeding arising out of or relating to this Contest and these Official Rules shall be brought exclusively in the applicable federal or state courts located in Boston, Massachusetts.

17. WINNER LIST/OFFICIAL RULES: The name of the winners will be available only within 60 days after the close of the Contest. To receive the names of the winners, where permitted by law, or a printed copy of the Official Rules, please contact Sponsor by email at socialmedia@whoop.com.

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