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In no event shall our organization, our licensors, our suppliers, or any third parties mentioned on the Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use this Site or the content, whether based on warranty, contract, tort, or any other legal theory, and whether or not we are advised of the possibility of such damages. Our organization shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000. We are not liable for any personal injury, including death, caused by your use or misuse of the Site or the Content. Any claims arising in connection with your use of the Site and/or Content must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
ONE PERCENT CHALLENGE TERMS AND CONDITIONS
NO PURCHASE IS NECESSARY TO ENTER OR EARN REWARDS. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
Eligibility: This Campaign is open only to those who sign up at life.emindful.com/14minutes or any module within eMindful Life or on a partner site with an embedded module with the official 1% Challenge opt-in registration details and who are 18 years of age or older as of the date of entry. The Campaign is only open to legal residents of United States of America, except it is not open to residents of the state of Rhode Island, and is void where prohibited by law. Only Contestants who can prove their location are eligible to earn Rewards, though all Contestants from anywhere in the world may participate in the Campaign and accrue minutes of mindfulness for the benefit of charity. Employees of Spafinder Wellness, Wellness for Cancer, Mental Health America, Mardy Fish Children’s Foundation, eMindful Inc., Mindful.org, HYLETE, Misfit, Children’s Health Incentives Lab (CHIL), and their affiliates, subsidiaries, advertising and promotion agencies, and suppliers, (collectively the “Employees”), and immediate family members and/or those living in the same household of Employees are not eligible to earn Rewards from the Campaign. The Campaign is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.
Agreement to Rules: By participating, the Contestant (“You”) agree to be fully unconditionally bound by these Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of eMindful as final and binding as it relates to the content of this Campaign.
Campaign Period: Entries will be accepted online starting on December 31, 2017 and ending January 31 2018 at 11:59pm ET. For registrants who register prior to January 1, 2018 the Challenge begins the first time you attend a live “Mindful Daily” session in the month of January 2018. In the event you do not come back in the month of January 2018 you will be entered as of January 31, 2018. For registrants who register during the month of January, 2018, Contestants’ Challenge begins the day of registration or if a Contestant registers after 6:00pm ET on a given day then Contestant’s Challenge begins the following day. The earliest Campaign Period end date would be when a Contest registers on or before January 1, 2018 9:00am ET, and attends a class on January 1, 2018, at which point the 30-day Campaign Period would end January 30, 11:59pm ET. The latest Campaign Period end date would be if a Contestant registers January 31, 2018 at 11:59pm ET, at which point the 30-day Campaign Period would end March 2, 2018 at 11:59pm ET.
How to Enter: The Campaign must be entered by registering for the 1% Challenge at life.emindful.com/14minutes. The entry must fulfill all Campaign requirements, as specified, to be eligible to win a Reward. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of eMindful. You may enter only once. You must provide the information requested. You may not enter more than once by using multiple email addresses, identities, or devices in an attempt to circumvent the rules. If You use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion of eMindful.
How to Participate: Contestants are able to utilize the eMindful Life platform free for 30 days during the Campaign Period, and to participate in the live Mindful Daily sessions available multiple times per day every day of the week. Participation in the Mindful Daily sessions will be tracked by eMindful and requires the use of Cisco WebEx software. There are currently Mindful Daily sessions of two lengths that are available, one of 14 minutes and one of 30 minutes duration. You acknowledge that the published class times are approximate and that the classes may start or end at other times for various reasons. You also acknowledge that because these classes are “live” there may be issues that prevent the class from occurring as expected. eMindful will track both the total number of minutes Contestant participates in live Mindful Daily sessions (not in recorded or video on demand sessions), and the total number of unique days Contestant logs in to participate in at least one Mindful Daily session (“Activity”).
Charity Donation: Mindful Daily session Activity and the total aggregate minutes are counted by attendance in full Mindful Daily sessions of at least 14 minutes, as tracked from an internet browser (mobile, tablet or desktop) in an active, selected state not hidden or in the background of other browser activities (“Valid Minutes”).
eMindful will provide two types of donations to the selected charities. First, eMindful will aggregate the total number of minutes Contestants participate in a Mindful Daily sessions for their Official Charity Partner and donate an equal number of minutes of mindfulness to that charity. Second, eMindful will make a financial donation to the Official Charity Partner(s) based on the aggregate minutes of participation. For each block of 25,000 Valid Minutes of Mindful Daily participation, eMindful will donate $1,000 to the Official Charity Partner(s) up to $5,000 per Official Charity Partner. In the event only one Official Charity Partner is integrated into the Campaign, the total monetary donation maximum will be $10,000 for the one Official Charity Party. If there is more than one Official Charity Partner the total monetary award will have a maximum of $15,000.
Rewards: The Winners of the Campaign (the “Winner”) will receive variable rewards based on level of Activity and availability of Rewards. Some of the prizes are in limited supply. WHILE SUPPLIES LAST, EVERYONE WHO ACHIEVES THE STATED LEVELS OF ACTIVITY WILL EARN THE STATED REWARDS. Contestant Activity levels and the associated Rewards are available for the highest award level granted. No Winner can win at more than one award level. The Rewards levels are as follows: a) any 10 days out of 30 days of the Campaign Period will earn a CHIL UV sensing wristband, a $20 gift card to HYLETE.com, and the ability to download “The Mindful Daily Practice Guide Volume 2; b) any 20 days out of 30 days of the Campaign Period will earn a Spafinder Gift Card that must be redeemed within three months of the Winner Notification, a one year digital subscription to Mindful Magazine, a $40 gift card to HYLETE.com; c) 30 consecutive days out of 30 days of the Campaign Period will earn the following a Misfit Ray ($99 value), or another prize of equivalent monetary value, a $80 gift card to HYLETE.com and a private 30 minute mindfulness session with an eMindful instructor ($75 value). The Misfit Ray is available on a limited basis while supplies last. Actual/appraised value of Prizes may differ at time of reward award. The specifics of the Reward shall be solely determined by eMindful. No cash or other Reward substitution shall be permitted except at eMindful’s discretion. The Reward is nontransferable. Any and all Reward-related expenses, including without limitation any and all federal, state, and/or local taxes, or shipping and handling if applicable, shall be the sole responsibility of Winner. No substitution of Reward or transfer/assignment of Reward to others or request for the cash equivalent by Winner is permitted. Acceptance of Reward constitutes permission for eMindful to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law. Any Reward may be substituted for a different reward of equal monetary value at any time based on eMindful’s sole discretion.
Winner Notification: Winner will be notified by the email provided upon registration within five (5) days following the Campaign. eMindful shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If Winner cannot be contacted, is ineligible, fails to claim the reward within 30 days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the reward may be forfeited. Receipt by Winner of the reward offered in this Campaign is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT EMINDFUL‘S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CAMPAIGN, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
Rights Granted by You: By entering this Campaign, You understand and agree that eMindful, anyone acting on behalf of eMindful, and eMindful’s licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Campaign, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes without any further compensation, notice, review, or consent.
Terms & Conditions: eMindful reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Campaign should virus, bug, non-authorized human intervention, fraud, or other causes beyond eMindful’s control corrupt or affect the administration, security, fairness, or proper conduct of the Campaign. In such case, eMindful may award no Rewards, some Rewards or change the Rewards, to be awarded to none, some or all of the Winners from all eligible entries received prior to and/or after (if appropriate) the action taken by eMindful. eMindful reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Campaign or website or violates these Terms & Conditions. eMindful in its sole discretion has the right to replace any Reward with a different reward of equal value. eMindful has the right, in its sole discretion, to maintain the integrity of the Campaign, to void Entries for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Campaign rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Campaign may be a violation of criminal and civil laws. Should such attempt be made, eMindful reserves the right to seek damages to the fullest extent permitted by law.
Limitation of Liability: By entering, You agree to release and hold harmless eMindful and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the Campaign and/or his/her acceptance, possession, use, or misuse of any reward or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error in the administration of the Promotion or the processing of entries.
Disputes: THIS CAMPAIGN IS GOVERNED BY THE LAWS OF UNITED STATES OF AMERICA AND FLORIDA, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Campaign, Contestant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Campaign, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Indian River County, Florida having jurisdiction. Further, in any such dispute, under no circumstances shall Contestant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than Contestant’s actual out-of-pocket expenses (i.e. costs associated with entering this Campaign). Contestant further waives all rights to have damages multiplied or increased, and waives a jury trial.
Winners List: To obtain a copy of the Winner’s name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: eMindful 10151 University Blvd Suite 198, Orlando FL 32817, USA. Requests must be received no later than March 7, 2018 5:00pm ET.
The Campaign hosted by eMindful is in no way sponsored, endorsed, administered by, or associated with Facebook, Twitter, Instagram, Pinterest or other social media service used during the Campaign.
You, the Contestant, have affirmatively reviewed, accepted, and agreed to all of the Official Rules.
eMindful Refund Policy: We are confident you will find our classes enjoyable and beneficial. However, we do understand there are times when you may need to drop a class or subscription. Our month-to-month subscribers may cancel at anytime for any reason at their sole discretion, after which future recurring payments will no longer be charged and your access will end at the end of your current term month. Annual subscribers have a money back guarantee for three days from the date of sign up or renewal, after which no pro-rated refunds will be given. Monthly and Annual subscribers can cancel via your online profile. Our premium class refund policy is to provide a full refund for requests made anytime up to three hours prior to the start of the class. Course fees will not be refunded once you are within three hours of the class start time. Multi-episode premium courses, such as MBSR, must be canceled within three days of the first class start time, or cannot be refunded. To request a refund, please send an email to support@eMindful.com, indicating your name, the name of the class, reason for the refund, and a phone number where you can be reached in case of questions.
Your Internet Connection: We recommend that you use a high speed Internet connection and if possible during class to be directly connected to your modem. If you connect to the online classroom wirelessly, there may be times that the video and/or audio may ‘drop’ requiring you to re-join the classroom. It is easy to re-join and only takes less than a minute. In the event your internet connection fails or interrupts excessively our general Policy is that we do not refund course fees for quality issues beyond our control or direct influence. If you encounter an issue, please contact firstname.lastname@example.org with your name and time/date of class.
PC or MAC Computers: The online classroom supports PC or MAC computers. iPhones, iPads and Smartphones are supported, however, there are some limitations. We recommend participating with a computer for best results.
Minimum/Maximum Number Policy: In an effort to provide the highest quality interactive experience for all of the participants, a minimum number of registered participants is required to take full advantage of the interactive aspects of the class. If the minimum number of participants is not reached prior to the start date of the class, the registered participants will have an option of holding their enrollment over to the new start time. You will be notified by email with all available options. In addition, total registrations for this class might change at the sole discretion of eMindful Inc. In the event that the maximum number of registrations is met, you will receive a message with instructions on how to be put on the waitlist.