PLEASE REVIEW THESE OFFICIAL RULES BEFORE ENTERING THE CONTEST. ENTRY TO THE CONTEST IS FREE AND NO PAYMENT OR PURCHASE IS NECESSARY TO ENTER OR WIN, EXCEPT FOR THE STANDARD CHARGES OF YOUR INTERNET ACCESS PROVIDER. A PAYMENT OR PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
SECTION A - SPECIFIC TERMS FOR THIS CONTEST
. Grokker’s Discover Your True North (the "Contest
") is an online contest that is sponsored by Grokker, Inc., a Delaware corporation having its principal office at 560 S. Winchester Blvd., Suite 300, San Jose, CA, USA ("Sponsor
"), in connection with the Grokker service and website, www.grokker.com, (the "Sponsor Site
"). The Contest is co-sponsored by the company or companies listed here, if any (each, a "Co-Sponsor
. The Contest is governed by these Official Rules (these "Rules
"). For any questions regarding the Contest, the Sponsor may be contacted by email at firstname.lastname@example.org or by mail at the address identified in Section B.17 ("Winner's List; Mailing List") below.
2. Overview: Objective of the Contest
. The object of the Contest is primarily to watch and comment on Grokker yoga videos meeting the Criteria (as described in Section A.8 ["Judging"] below) and other requirements identified in Section A.5 ("How to Enter") below.
. THE CONTEST IS OPEN ONLY TO PERSONS WHO, AT THE TIME OF ENTRY, ARE REGISTERED MEMBERS OF THE SITE, WHO ARE AT LEAST EIGHTEEN (18) YEARS OLD, AND ARE LEGAL RESIDENTS OF THE 50 UNITED STATES (INCLUDING THE DISTRICT OF COLUMBIA BUT EXCLUDING PUERTO RICO), CANADA (EXCLUDING THE PROVINCE OF QUEBEC, CANADA), UNITED KINGDOM, AUSTRALIA, BELGIUM, CHINA, COLOMBIA, DENMARK, GERMANY, INDIA, NORWAY, NEW ZEALAND OR SWITZERLAND.
Certain individuals are excluded from eligibility to enter or win, as described in Section B below. No purchase or payment is necessary to enter the Contest or to become a registered member of the Sponsor Site, and no purchase or payment, or other paid membership to the Sponsor Site will improve your chances of winning in any way.
.The Contest begins at 12:00 a.m. GMT/4:00 p.m. Pacific Standard Time (PT) on February 1, 2014 (the "Start Date
"). All entries for the Contest must be received by Sponsor by no later than 11:59 p.m. GMT on February 28, 2014/3:59 p.m. on March 1, 2014 (the "End Date
5. How to Enter
. All entries must comply with the entry requirements identified in these Rules (including in this Section and in Section B below), as well as with any specific formatting or content requirements identified in Section A.2 ("Overview") above. It is each entrant's responsibility to ensure compliance with those requirements. The ways to enter are as follows:
Go to the Contest homepage (grokker.com/discover-your-true-north) and click on the Set Your Intention link. The user will be directed to a yoga forum where they must submit a post detailing their intention for the month of February.
6. Winner Selection
. There will be one (1) total winner for the Contest. The winner will be selected, contacted by email and announced within seven (7) days of the Contest End Date. Each winner will be awarded only the prize(s) for which that winner was selected, as described below.
. The prize to be awarded in the Contest is/are as follows:
 One Grand Prize winner will receive: a full-day retreat at Chaminade Resort and Spa in Santa Cruz, CA; a Manduka Yoga Mat; and a signed copy of The Power of Ashtanga Yoga
by Kino MacGregor
Prize does not include travel and/or airfare and/or lodging.
The winner(s) will be solely responsible for complying with any and all applicable federal, state, provincial, local or other statutes, laws (including, without limitation, common law, if applicable), rules and regulations relating to the prizes and for bearing any personal income, VAT, withholding taxes, customs duties, or other taxes, fees, insurance, surcharges or other costs relating to receiving, claiming or collecting any prize. Please be aware that Contest prizes may not be usable or function properly in certain countries and Sponsor has no knowledge relating to the use or functionality of such prizes in those countries. Use or operation of prizes in certain countries may require additional parts, components or adapters, and Sponsor has no knowledge of any such requirements or any responsibility for obtaining any such parts, components or adapters. In addition, certain countries may prohibit the use or operation of the prizes, in whole or in part, and Sponsor has no knowledge regarding, and shall have no responsibility for determining, whether the winner(s) are permitted to operate or use the prizes in any particular country.
8. Judging and Determining Winners
. Contestants qualify based on their participation on-site during the span of the promotion. Contestants genrally participate by watching, commenting on, loving videos, and encouraging other participants to honor their intention by commenting in forums and on videos. At the end of the contest, the top participants will become finalists. A panel of Grokker Yoga Experts will select the Grand Prize winner from amongst the finalists. The criteria for determining the places will be based on a qualitative assessment of the participants activity on the site during the month, including: I Did This photos that show creativity and visual progress against their stated intention. Example: Upload photos of you in your yoga journey. Comments that demonstrate the enthusiast is ‘grokking’ the expert instruction and they are getting better at their chosen yoga activities. Example, comments that reflect an understanding of the instruction in the video as it relates to contestant’s stated intention. Video Watching behavior that demonstrate commitment throughout the month. Example, those that watch videos daily throughout the month and demonstrate that they have completed the workouts through their video watch times will get bonus points in the eyes of the judges.
Sponsor will establish a panel of at least three (3) individuals (each, a "Judge
"), including at least one of the following: Yoga Category Manager, Kino MacGregor, and Marketing Manager. The Judges will choose the ten finalists from the pool of all eligible entries based on their preliminary assessment of whether the entries meet the Criteria. In choosing the winner(s), the Judges will judge each finalist on the Criteria and the Judging Process as described in Section B below. THE DECISIONS OF SPONSOR AND THE JUDGES WILL BE FINAL. SPONSOR WILL NOT CORRESPOND WITH ENTRANTS ABOUT THE DECISIONS OF THE JUDGES OR THE DETERMINATION OF THE WINNERS OTHER THAN AS EXPRESSLY PROVIDED IN THE RULES
. Further information on the steps and process of voting and judging can be found in Section B below.
9. Size of Entry Pool
. Winning entries will be selected by the Judges in accordance with the Criteria as described in these Rules. The chances of any entry winning a prize depends on the number of eligible entries received between the Start Date and the End Date and the quality of that entry as compared to the other eligible entries, as evaluated by the Judges in the manner described above. Sponsor does not know in advance the number of eligible entries that will be received.
SECTION B - ADDITIONAL TERMS FOR THIS CONTEST
1. General Conditions
2. Exclusions from Eligibility
. Employees of Sponsor, any Co-Sponsor, or their respective parents, subsidiaries, affiliates, partners, suppliers, Grokker Experts or advertising or promotional agencies (including without limitation any Judges who are employees of Sponsor, any Co-Sponsor or any of their respective parents, subsidiaries, or affiliates), as well as members of their households or their immediate families (i.e., spouses, parents and children), may submit entries in the Contest, but any such entries are for information and entertainment purposes only and are not eligible to be considered for the purpose of selecting finalists or winners. Judges who are not employees of Sponsor, any Co-Sponsor or any of their respective parents, subsidiaries, or affiliates, are not eligible to enter or win, nor are members of their households or their immediate families (i.e., spouses, parents and children). Notwithstanding the foregoing, Sponsor shall have no liability to any entrant or any other person in the event that Sponsor inadvertently awards a prize to any non-eligible person(s). In addition, each entrant acknowledges and accepts that Sponsor may be prohibited by applicable law from permitting entry by or awarding a prize to any person falling into one or more of the following prohibited categories: (a) a national or resident of Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or any other country for which trade with the United States has been prohibited or restricted by any statute, regulation, order, rule, treaty, or other law of the United States or any other applicable jurisdiction in any manner that would prevent the awarding or delivery of any prize to the entrant; (b) a person on the U.S. Table of Denial Orders, Entity List, List of Specially Designated Nationals and Blocked Persons, or any other similar list of any applicable jurisdiction, or any person affiliated with any person or entity on any such list; (c) an official or representative of any foreign government; or (d) any other person to whom the awarding or delivery of any prize would violate any applicable statute, regulation, order, rule, treaty, or other law. If an entrant falls into any of the above prohibited categories, such entrant is not eligible to win any prizes.
4. Use of Personal Information
. The Judges have the right to disqualify any entry that is not in compliance with these Rules. Sponsor, in its whole discretion, reserves the right to disqualify entrants who have accumulated points in a manner that is not consistent with the spirit of the challenge which is to help entrants get more fit and achieve their fitness goals.
6. Prize Terms
. Prize does not include airfare or travel expense(s). If a stated prize is unavailable, Sponsor has the right to substitute one or more items of equal or greater value, in its discretion. No prize is, and the winner(s) have no right to claim that any prize is, exchangeable, transferable, or redeemable for cash. The winner(s) will be solely responsible for all expenses related to the receipt and use of all prize(s) other than those expenses expressly included in the description of the prize(s) in Section A above. The winner(s) will be solely responsible for complying with any and all applicable statutes, laws (including, without limitation, common law, if applicable), rules and regulations and for bearing any personal income tax, VAT, withholding taxes, customs duties, or other taxes, fees, insurance, surcharges or other costs relating to receiving, claiming or collecting any prize.
7. Winner(s) are hereby informed of the liability to pay all taxes on the prize(s) received; such taxes shall be paid by the winner(s). Each winner shall be responsible for reporting his or her individual income tax generated from the prize to relevant tax authorities on his or her own. THE PRIZE(S) WILL BE GIVEN AWAY BY SPONSOR AND ANY CO-SPONSOR(S) "AS IS." SPONSOR AND ANY CO-SPONSORS DO NOT MAKE, AND EXPRESSLY DISCLAIM, ANY WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING ANY PRIZE OR PORTION THEREOF, INCLUDING WITHOUT LIMITATION ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, CONSUMER GUARANTEES AND SIMILAR RIGHTS, IN WHICH CASE SUCH EXCLUSION SHALL APPLY ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN THE RELEVANT JURISDICTION. WITHOUT LIMITATION, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES AND REPRESENTATIONS, IN RELATION TO THE PRIZES, WHETHER EXPRESS OR IMPLIED BY STATUTE, LAW (INCLUDING, WITHOUT LIMITATION, COMMON LAW, IF APPLICABLE), RULE, REGULATION, OR OTHERWISE, ARE HEREBY EXCLUDED.
8. Announcement; Award of Prize(s)
. The winner(s) will be notified by e-mail within seven (7) days of selection. The winner(s) may be required to sign a Winner's Declaration and Release which includes a declaration of eligibility, grant of publicity rights and a liability release, to the extent not prohibited by law, prior to receipt of a prize. The prize(s) will be awarded by way of delivery to Winner's designated valid delivery address set forth on the Winner's Declaration and Release. Unless otherwise specified in Section A, and provided that direct shipment costs by mail or parcel post (expressly excluding import duties and other duties or taxes, which are the Winner's sole responsibility) to Winner's designated valid delivery address shall be borne by Sponsor, provided, however, if delivery is declined or fails by reason of Winner's failure to timely accept receipt or pay appropriate import duties and other duties or taxes) then the winner will be deemed to have declined acceptance of the prize and Sponsor reserves the right to reclaim the prize whereupon the prize will be returned to Sponsor and winner will no longer be eligible to receive the prize. The winner(s) may be required to provide Sponsor with a social security number, taxpayer identification or identification card number, or other identification or account number (if applicable) (a Permanent Account Number for residents of India) for tax purposes, and will provide Sponsor with all other information as may be required for Sponsor to comply with all applicable laws in connection with the award of any prize(s) to the winner(s). The winner(s) also may be required to provide Sponsor with proof that he or she is the Authorized Account Holder of the e-mail address associated with the winning entry. An "Authorized Account Holder" is the natural person who is assigned to an e-mail address by an Internet access provider or other organization responsible for assigning e-mail addresses to the domain associated with an e-mail address. In the event of a dispute, an entry will be deemed to have been submitted by the Authorized Account Holder of the e-mail address submitted at the time of entry. Failure to respond to a winner announcement, or return any required declarations or releases within fourteen (14) days (or any longer time specified by Sponsor in the applicable winner announcement) or to comply with any of the foregoing may result in disqualification and the selection of an alternate winner. It is Sponsor's policy to assist U.S. government employees in meeting their obligations under their standards of ethical conduct; any prize(s) won in violation of those Standards should not be accepted and should be returned at Sponsor's expense or destroyed. Without limitation, Sponsor shall not be liable for any failure to deliver any prizes due to any Winner's failure to accept delivery, to meet any of his or her obligations hereunder or due to the submission of any false, inaccurate or misleading information.
. By entering the Contest, each entrant represents and warrants that: (a) the entrant meets all eligibility requirements of the Contest; (b) in entering and participating in the Contest, the entrant has complied and will comply in all respects with these Rules, the Policies, and all applicable statutes, laws (including, without limitation, common law, if applicable), rules and regulations; and (c) the information provided in the entrant's entry, including without limitation all contact information, is true, accurate, and complete in all respects.
10. Assumption of Risk
. Each entrant, on his or her own behalf and on behalf of his or her personal representatives, heirs, executors, and assigns, acknowledges and agrees that: (a) ENTRANT AND HIS OR HER PERSONAL REPRESENTATIVES, HEIRS, EXECUTORS, AND ASSIGNS HAVE THE SOLE RESPONSIBILITY FOR ENTERING THIS CONTEST, AND EVEN THOUGH THE CONTEST DOES NOT REQUIRE OR OTHERWISE ENCOURAGE DANGEROUS BEHAVIOR, THERE MAY BE DANGER AND RISK OF BODILY INJURY, DEATH, OR PROPERTY DAMAGE INVOLVED IN ENTERING; (b) THESE RISKS AND DANGERS MAY ARISE FROM FORESEEABLE OR UNFORESEEABLE CAUSES; (c) SUCH ENTRANT AND HIS OR HER PERSONAL REPRESENTATIVES, HEIRS, EXECUTORS, AND ASSIGNS ASSUME ALL RISKS AND RESPONSIBILITY FOR ANY PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR OTHER LOSS ARISING OUT OF ENTERING, WHETHER CAUSED BY NEGLIGENCE OR ANY OTHER CAUSE
; and (d) Subject to applicable law, such entrant and his or her personal representatives, heirs, executors, and assigns are relinquishing any and all rights he, she, or they now have or may have in the future to sue or take any other action against Sponsor, any Co-Sponsor, the prize manufacturers, any other entities involved in the administration of the Contest, each of their respective parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents, and representatives (the "Sponsor Parties
") on the basis of any injury, death, damage, or other loss that may be suffered arising from any action taken in the creation of any entry, including but not limited to claims based on allegations of negligence by any of the Sponsor Parties or use of any machinery or materials. Without limitation, Sponsor Parties shall have no liability to any entrant or any other person in the event the entry or any acts or omissions of the entrant violates any of these Rules. By entering the Contest you acknowledge that you have read and agree to the Grokker Terms of Service Health Disclaimer (Section 3).
. To the maximum extent permitted by law, by entering the Contest, each entrant releases and holds harmless the Sponsor Parties from any and all responsibility, liability, damages (including, without limitation, direct, indirect, incidental, consequential, punitive, statutory, and other damages), losses, costs, or expenses of any kind arising out of or relating to: (a) entry or participation in the Contest, including but not limited to disputes among individuals claiming to have contributed to any winning entry; (b) any violation by the entrant of these Rules, the Policies, or applicable laws; (c) misappropriation, infringement, or other violation of any copyright, trademark, patent, trade secret, right of publicity, privacy, or other legal or contractual right of any person attributable to entrant or any entry submitted by entrant; (d) the acceptance, possession, receipt, or use of any prize or any item purchased with any prize (e.g., if the prize includes a gift card); (e) any problems or technical malfunctions (including but not limited to errors, omissions, interruptions, deletions, defects, or delays in operation or transmission) of any computer, telephone, modem, cable, satellite, network, hardware, online system, server, software, or other equipment or provider, including any incorrect, incomplete, garbled or jumbled information resulting therefrom; (f) any Internet traffic congestion or website accessibility or delays; (g) printing or typographical errors in any Contest-related materials; or (i) any other technical or human error that may occur in connection with the Contest (the "Causes
"). If anyone makes any claim against any of the Sponsor Parties arising out of or relating to any of the Causes attributable to the entrant, the entrant will pay for any damages, losses, liabilities, costs, penalties, and expenses, including without limitation attorneys' and experts' fees and costs, incurred in connection with such claim. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE SPONSOR PARTIES SHALL NOT BE LIABLE FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE CONTEST, HOWSOEVER CAUSED, WHETHER ARISING IN STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) CONTRACT, OTHER LEGAL THEORY OR OTHERWISE, AND ALL SUCH DAMAGES ARE HEREBY DISCLAIMED AND EXCLUDED. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR DAMAGES AND OTHER LIABILITY (INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGES) IN WHICH CASE SUCH LIMITATION OR EXCLUSION SHALL APPLY ONLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RULE, STATUTE OR REGULATION IN THE RELEVANT JURISDICTION. NOTHING IN THESE TERMS EXCLUDE LIABILITY FOR FRAUD, OR FOR PERSONAL INJURY OR DEATH CAUSED BY NEGLIGENCE TO THE EXTENT SUCH EXCLUSION IS PROHIBITED BY APPLICABLE LAW
. Sponsor reserves the right, in its discretion, to disqualify any entrant who: (a) tampers with the entry or voting process, the operation of the Contest, the Sponsor Site, or affiliated websites; (b) acts in an unsporting or disruptive manner, or with intent to annoy or harass another person; or (c) is otherwise in violation of these Rules, the Policies, or any applicable laws.
. Sponsor reserves the right to suspend, modify, or terminate the Contest at any time for any reason, in its discretion, including without limitation in the event of fraud, abuse, tampering, technical, administrative, financial, or other difficulties. In such cases, Sponsor will post a notice on the Contest page of the Sponsor Site. Should the Contest terminate prior to selection of the winner, Sponsor will announce an alternate means of awarding the prize on the Contest page of the Sponsor Site. Any entrant may withdraw from the Contest at any time by contacting Sponsor by email at email@example.com or by mail at the address identified in Section B.18 ("Winner's List; Mailing List") specifying the name of this Contest and any other relevant information.
14. Advertising and Marketing
15. Governing Law; Dispute Resolution
. By entering the Contest, entrants agree that these Rules will be governed by and construed in accordance with the laws of the State of California (and, to the extent controlling, the federal laws of the United States) and that in respect of all claims, actions and disputes brought by any of the Sponsor Parties, these Rules and shall be governed by and construed in accordance with the laws of the State of California (and, to the extent controlling, the federal laws of the United States). In addition, by entering the Contest, entrants agree that any claim, action or dispute arising under or relating to this Agreement will be brought exclusively in (and the parties will be subject to the exclusive jurisdiction of) the Superior Court of the State of California, County of Santa Clara, or the United States District Court for the Northern District of California in San Francisco. By entering the Contest, each entrant submits to the jurisdiction of those courts and waives any objection to those courts, whether on the basis of jurisdiction, venue, inconvenience of the forum, or otherwise. Notwithstanding anything to the contrary, nothing will prevent any of the Sponsor Parties from bringing an action for infringement of intellectual property rights in any country where such infringement is alleged to occur.
. If any part of these Rules is held by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable, such part will be modified by such court to the minimum extent necessary to make it enforceable while preserving to the maximum extent possible the original intent of and the remaining parts of these Rules will remain in full force and effect. Nothing contained herein or in any of the Contest related materials should be construed as an endorsement by Sponsor of any Co-Sponsor, or of Sponsor or any Co-Sponsor of any third party, product, or service. Notwithstanding anything to the contrary, Sponsor may decline to process requests that are unreasonable or unreasonably repetitive.
17. Winner's List; Mailing List
. The user name(s) and entries of the Contest winner(s) will be posted on the blog of the Sponsor Site, within fourteen (14) days of the Deadline. In addition, the names of the winner(s) may be obtained by sending a written request and a self-addressed, stamped envelope to the below address (mailed requests must include the words "Winner's LIST" and the full name of the Contest prominently in the first line of the address):
560 S. Winchester Blvd., Suite 300
San Jose, CA 95128
or by contacting Sponsor by email at firstname.lastname@example.org or by mail at the address identified in above. All requests must include the words "Winner's LIST" and the full name of the Contest prominently in the subject line or in the voicemail, as the case may be.
All such requests must be received within six (6) months of the End Date. Sponsor must be contacted by email at email@example.com] or by mail at the address identified in Section B.17 ("Winner's List; Mailing List"), Entrants who opt to join Sponsor's electronic mailing list agree to be contacted by email by Sponsor. Requests for removal from Sponsor's mailing list may be made as instructed in any such email, or by sending a written request and a self-addressed, stamped envelope to "Grokker Mailing List" at the above address, or as otherwise indicated on the Sponsor Site. Residents of Vermont may omit return postage on Winner's list and mailing list requests.