EQUINOX

#EQXMYMUSE SWEEPSTAKES OFFICIAL RULES NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. ENTRY PERIOD / JUDGES /PRIZES / WEEK 1.

PRELIMINARY INFORMATION: By entry into the Sweepstakes, you accept and agree to be bound by these official rules (“Official Rules”). The #EQXMyMuse Sweepstakes (the “Sweepstakes”) is sponsored by Equinox Holdings, Inc., located at 895 Broadway, New York, NY 10003 (“Equinox”). The Sweepstakes is subject to all applicable federal, state, municipal, provincial, and local laws and regulations. Void in Quebec and where prohibited by law.

2.

ELIGIBILITY: “Entrant” means each individual that is eligible to enter the Sweepstakes by satisfying the following requirements. The Sweepstakes is open only to legal residents of the fifty (50) United States and the District of Columbia, Canada (excluding Quebec) and England who are, as of the date of entry, at least eighteen (18) years of age (or nineteen (19) years of age for residents of British Columbia) and reside within fifty (50) miles of an Equinox Club location. Equinox clubs are not available in all regions; visit www.equinox.com/clubs to locate the club nearest you. Equinox members who at any point during the Sweepstakes Period have a past due balance, have frozen their membership or are otherwise not in good standing or not permitted to enter Equinox facilities, as well as former members who had their membership terminated by Equinox or are otherwise not permitted to enter Equinox facilities, will not be eligible to enter or win. Employees, independent contractors, officers, and directors of Equinox and its affiliates and subsidiaries, and any of Equinox’s agencies involved in the Sweepstakes, and all such employees’ immediate family members (spouse/domestic partner, parents, children, siblings and their respective spouses) and/or those living in the same household of each (whether legally related or not), as well as former employees of Equinox who were terminated for cause, are not eligible to enter or win. Entrants must have a free Instagram account to enter. There is no purchase required to register for an Instagram account. Entrants must adjust their account settings so that their Instagram account is not “private” in order to be eligible to enter the Sweepstakes. Visit instagram.com for more information on how to open an account and adjust account settings. Please note that you must agree to comply with the Instagram Terms of Use in order to create an Instagram account. Entrants are responsible for their own mobile devices and Internet and cellular access. Data rates may apply.

3.

ENTRY PERIOD: The Sweepstakes entry period (“Entry Period”) begins February 23, 2018 immediately after the Contest call to action is posted (which will occur prior to 5:00:00 PM Eastern Time) and ends March 2, 2018 at 11:59:59 PM Eastern Daylight Time (or, for Entrants in England, March 3, 2018 at 4:59:59 AM).

4.

HOW TO ENTER THE SWEEPSTAKES: At the start of the Entry Period, Equinox will release a call to action with the Sweepstakes theme via the @equinox account on Instagram; In order to enter and participate in the Contest, eligible Entrants must: (1) follow @equinox on Instagram; (2) Like the call to action post and tag a friend who is your “muse” in the comments; (3) post a photo or video of something or someone that inspires you to your Instagram account; account settings must be set to “public”; and (4) start the caption of your post with both the hashtags #Entry and #EQXMyMuse (an “Entry”). Entries that do not start with both hashtags and/or do not otherwise meet the Entry Rules (see below) will be void and disqualified. Entries that are removed, hidden or deleted from public viewing prior to date of Winner verification will be void and disqualified. Limit five (5) Entries per person. If more than five (5) Entries are posted per Instagram account, only the first five (5) Entries posted will be eligible to enter and win. Should multiple users of the same Instagram account enter the Sweepstakes and a dispute thereafter arise regarding the identity of the Entrant, the authorized account holder of the Instagram account at the time of entry will be considered the Entrant. “Authorized account holder” means the individual who is assigned an Instagram account by Instagram, or an e-mail address (that is associated with the Instagram account) by an Internet access provider, on-line service provider or other organization which is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address. Entrants can only use one Instagram account to enter the Sweepstakes and may not enter with multiple Instagram accounts, nor may Entrants use any other device or artifice to enter multiple times above the stated limit or as multiple Entrants. ENTRY RULES: Entries must comply with the Instagram Terms of Use and the following rules for eligible Entries (together, the “Entry Rules”), as well as all other Official Rules. Determination of compliance with Entry Rules and all other Official Rules will be in the sole discretion of Equinox, whose decision is final and binding. •

Entries must be in English (common foreign words/phrases are acceptable). Entries must be the Entrant’s original work and may not have won a previous prize or award. If someone other than the Entrant took the photo or video,

the Entrant must receive permission from the photographer/videographer to enter the photo or video in this Sweepstakes. As a condition of being deemed a Winner, Equinox may require Entrant to provide written confirmation of such permissions. Entries may not violate the intellectual property or other rights of any third person. Entries may not or contain any identifiable branding of, or constitute advertising for or promotion of any product or service of Entrant or any third party. •

Entries may not contain or depict the names, likenesses or other indicia identifying celebrities and/or other public figures.



Entries must be suitable for presentation in a public forum. Entries may not contain, depict or promote any dangerous, reckless, sexually explicit, indecent, illegal or unlawful behavior or activity; any violence, threats to any person, place, business or group, damage to or theft of property, abuse, use of illegal drugs, excessive or inappropriate use of alcohol or legal drugs, or otherwise graphic content; or any defamatory, libelous, offensive, sexual explicit, indecent, profane or otherwise inappropriate statements or content (including words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation, or socioeconomic group).



If the Entry contains any identifiable person(s) other than the Entrant, by entering this Sweepstakes, Entrant attests that he/she has received permission from all other person(s) depicted in the Entry for Equinox to use their likenesses. As a condition of Entrant being deemed a Winner, Equinox may require Entrant to provide written confirmation of such permissions and/or require such persons depicted to sign a release form provided by Equinox. Entries may not contain any identifiable minors.



Entries may not impersonate or falsely state or otherwise misrepresent Entrant’s professional or other affiliation with Equinox or with any other person or entity, including any misrepresentations regarding Entrant’s status as an Equinox member and/or personal training client. Entries may include incidental use of Equinox’s logos, brands and slogans so long as the incidental use otherwise satisfied these Entry Rules. Entries may not disparage, or refer to, depict or otherwise reflect negatively upon, Equinox or its affiliates and employees, the Sweepstakes or any other person or entity.



Entries may not include any personally identifiable information (including last name, address, email, telephone number, place of work, etc.) of Entrant or any other person(s), whether they appear in the Entry or not (exception: names and other identifiers that appear in an Entrant’s Instagram account username), or otherwise invade the privacy rights of any person or entity. Entries may not contain any information that references other websites, addresses, email addresses, contact information or phone numbers.

BY ENTERING THIS SWEEPSTAKES, ENTRANT REPRESENTS THAT EACH ENTRY SUBMITTED BY ENTRANT IS ENTRANT’S OWN WORK, THAT ENTRANT HOLDS ALL NECESSARY RIGHTS TO THE ENTRY AND THAT ENTRANT HAS FOLLOWED AND COMPLIED WITH THESE ENTRY RULES AND ALL OTHER OFFICIAL RULES. ANY ENTRIES THAT DO NOT COMPLY WITH THESE ENTRY RULES AND ALL OTHER OFFICIAL RULES WILL BE VOID AND DISQUALIFIED. EQUINOX RESERVES THE RIGHT (BUT NOT THE OBLIGATION) TO MONITOR ALL ENTRIES, TO REPORT TO INSTAGRAM, AND REQUEST REMOVAL OF, ANY ENTRY THAT VIOLATES THE RULES OR IS OTHERWISE DEEMED INAPPROPRIATE, AND TO OTHERWISE COOPERATE WITH INSTAGRAM OR ANY LAW ENFORCEMENT AUTHORITIES IN THE INVESTIGATION OF ANY ENTRIES. ENTRANT ACKNOWLEDGES THAT ALL ENTRIES POSTED TO INSTAGRAM HAVE NOT BEEN EDITED OR CURATED BY EQUINOX AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF EQUINOX IN ANY MANNER. 5.

SWEEPSTAKES DRAWING: In order to determine the winner of the Prize, a random drawing of all eligible entries received during the Entry Period will be conducted on or about one (1) business day after the end of the Entry Period, but may be expedited or delayed in Equinox’s sole discretion. The random drawing will be conducted by Equinox, whose decisions on all matters relating to drawing and winners are final and binding. Odds of winning depend on the total number of eligible entries received. If the potential winner resides in Canada, then upon notification from Equinox under Section 6 below, such potential winner will be instructed to answer a time-limited mathematical skill-testing question online without assistance of any kind. In the event that the potential Canadian winner is unable to correctly answer the skill-testing question, the potential winner shall be disqualified, and Equinox may select an alternate eligible Entrant as the potential winner of the Prize, subject to correctly answering a skill-testing question if such alternate potential winner resides in Canada. Equinox shall be fully and completely released and discharged from any liability in this regard.

6.

COMMUNICATION WITH POTENTIAL WINNERS: Equinox will contact the potential winner by sending a direct message (DM) from the @equinox Instagram account to the Instagram account associated with the potential winner on/about one (1) business day after the drawing, but notification may be expedited or delayed in Equinox’s sole discretion. Potential winners must reply to DM and provide any additional information (e.g., email address) within forty-eight (48) hours. Potential winners may be required to provide identification sufficient to demonstrate ownership of the Instagram account used to enter. If a potential winner’s response is not received within forty-eight (48) hours after the initial DM was sent, or if the DM is returned as undeliverable or the potential winner cannot otherwise be contacted by Equinox, Equinox may, in its sole discretion, disqualify the potential winner without further notice and either forfeit the Prize or select an alternate potential winner in accordance with the judging criteria set forth in Section 5 above. As a condition of winning, Equinox may also require

potential winners to sign an Affidavit/Declaration of Eligibility (certifying, among other things, that the potential winner complied with the Official Rules), Release of Liability, and/or Prize Acceptance Form. All such documents must be completed and returned to Equinox within three (3) days of attempted delivery of the same to the potential winner. If a potential winner does not complete such documentation within such period, or Equinox’s initial delivery of the same is returned as undeliverable or the potential winner is otherwise deemed ineligible, not in compliance with these Official Rules or declines to accept the Prize, Equinox may, in its sole discretion, disqualify the potential winner without further notice and either forfeit the Prize or select an alternate potential winner in accordance with the judging criteria set forth in Section 5 above. All results are unofficial until Equinox’s acceptance of the potential winner’s claim of the Prize and completion of any required documentation (once accepted, each a “Winner”). Once verified, Winner may claim the Prize in accordance with Equinox’s instructions. Entrants that do not win will not be notified. 7.

PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”): A total of one (1) prize (a “Prize”) will be available to be awarded in this Sweepstakes. The Prize consists of one (1) twelve (12) month “All-Access” class membership to Equinox Fitness Clubs (ARV: $3,380 USD / $4,277 CAD / £2,415). Prize is subject to the Member Terms below. ARVs are determined as of the date of the start of the Sweepstakes Period. The difference in value of a Prize as stated herein and value at time of prize notification, if any, will not be awarded. Prizes will be awarded “as is” with no warranty or guaranty, either express or implied by Equinox. Prizes are non-transferable, non-descendible, and have no cash value or equivalent. All federal, state, provincial and/or local taxes and other costs or assessments resulting from the acceptance of a Prize, regardless of whether it, in whole or in part, is used, are the sole responsibility of the applicable Winner and Winners may be subject to withholding tax. Winners who are US residents may be required to provide Equinox with a valid social security number or tax identification number for tax reporting purposes before the Prize will be awarded, and will be issued an IRS 1099 form for the Prize value. Each Prize consists of only the item specifically listed as part of the Prize. In no event will Equinox be obligated to award more than the stated number of Prizes. Equinox reserves the right to substitute any Prize or Prize element with a different item of equal or greater value. Unclaimed Prizes will not be awarded. Prizes may not be awarded if, among other things, a potential winner does not meet the Sweepstakes eligibility requirements or a Prize is not properly claimed. Member Terms: Certain Equinox locations are note included in Equinox’s “All-Access” membership class. Transportation to/from Equinox Fitness Clubs is not included in any Prize and is the Winner’s sole responsibility. Except where expressly included as part of the Prize, ancillary club services (e.g., parking fees, additional personal sessions or spa visits, and cafe or retail purchases) are not included in any Prize. Notwithstanding anything to the contrary herein, Equinox shall not be required to award the Prize to the potential winner, or otherwise allow membership to or use of its clubs to any individual, who does not complete and sign Equinox’s standard membership agreement, and any other waivers or documentation that are generally provided as part of the Equinox enrollment or membership process, and otherwise agree to comply with Equinox’s standard rules, policies and procedures (“Member Terms”). When using its Prize, the Winner is required to comply with its Member Terms, and Equinox shall have the right to, in its sole discretion, immediately terminate Winner’s membership, whether provided as part of a Prize or not, for any reason permitted under the Member Terms or for failure to comply with the Member Terms.

8.

GENERAL RULES: This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram. By entering the Sweepstakes, Entrant accepts and agrees to these Official Rules and the decisions of Equinox and its representatives, which shall be final and binding in all matters, and Entrant represents to Equinox that he/she is eligible to participate in the Sweepstakes and that all information he/she provides is and will be accurate. Proof of submission is not proof of receipt of Entry. By accepting the Prize, Winner grants (and agrees to confirm in writing, upon Equinox request) to Equinox and its affiliates and subsidiaries, perpetual, irrevocable, non-exclusive, freely transferable, royalty-free, worldwide right and license to freely use, distribute, reproduce, alter, create derivative works of and otherwise exploit Winner’s winning Entry and associated Instagram account name in any all media now known and hereafter developed, including without limitation on Equinox’s social media accounts, websites, mobile apps, signage and other advertising and marketing materials, for those purposes determined reasonably appropriate in Equinox’s sole discretion, including without limitation the promotion, advertisement, sale, marketing and exploitation of the Sweepstakes, Equinox and/or its products and services, in each case without further notice or compensation to, or approval from, Winner. By accepting the Prize, Winner further acknowledges and agrees that his/her first name and last name, may also be posted on the Equinox website, within the Equinox mobile apps and/or in signage, digital or otherwise, within Equinox Clubs, or otherwise included in a publicly-available winner’s list. The Released Parties (as defined below) are not responsible for (1) incomplete, lost, late, damaged, illegible or misdirected Entries, Prizes/Prize notifications or other communications to or from Entrants (including as a result of any e-mail filtering by an Entrant’s ISP or e-mail provider or insufficient space in Entrant’s email account or errors or losses of any postal or delivery service); (2) technical problems (including without limitation malfunctions of any telephone lines, computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmissions or any combination thereof); (3) fraud, cheating or other tampering with the Sweepstakes or its entry process; (4) typographical or other error in the printing or display of the Sweepstakes, including these Official Rules or Prize descriptions, administration of the Sweepstakes, or announcement of the Prizes or the Winners; or (5) any factor beyond Equinox’s reasonable control that may impair the integrity, security, fairness, or proper functioning or administration of the Sweepstakes. As a result of any of the foregoing errors, failures or factors or for any other reason (including without

limitation an unanticipated occurrence not fully addressed in these Official Rules) Equinox reserves the right to, in its sole discretion, cancel, modify, terminate or suspend the Sweepstakes, or any part thereof including any Sweepstakes Period and Official Rules, in a manner deemed reasonable by Equinox. Notice of any cancellation, modification, suspension or termination will be posted through the @equinox Instagram account. In the event of any cancellation, modification, suspension, or termination Equinox reserves the right (but not the obligation) to select potential winners, in accordance with Section 5, from the eligible, non-suspect Entries received prior to the time of the event warranting such cancellation, modification, suspension or termination. Equinox is not responsible for any damage to any Entrant’s computer system/software related to or resulting from participating in the Sweepstakes. EQUINOX RESERVES THE RIGHT TO, IN ITS SOLE DISCRETION, DISQUALIFY ANY ENTRANT THAT EQUINOX FINDS TO BE TAMPERING WITH THE ENTRY PROCESS OR THE OPERATIONS OF THE SWEEPSTAKES, INSTAGRAM OR THE @EQUINOX ACCOUNT OR INSTAGRAM, INCLUDING WITHOUT LIMITATION BY ATTEMPTING TO OBTAIN ADDITIONAL ENTRIES, WHETHER THROUGH USE OF ENTERING WITH MULTIPLE ACCOUNTS, ROBOTIC, AUTOMATIC, PROGRAMMED OR OTHER LIKE MEANS OR DEVICES, OR OTHERWISE UNDERMINING THE LEGITIMATE OPERATION OF THE SWEEPSTAKES, AND EQUINOX FURTHER RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. By entering the Sweepstakes, each Entrant agrees (and agrees to confirm in writing) on behalf of himself/herself and his/her heirs and assigns, to the fullest extent permitted by law, to: (1) forever waive, release, discharge and hold harmless Equinox, Instagram, their respective affiliates and subsidiaries, and the respective officers, directors, employees and independent contractors of all of the foregoing (“Released Parties”) from and against any and all liabilities, losses, damages, suits, demands, causes of action (including without limitation negligence) or other claims of any nature whatsoever, including without limitation any damages caused by or claimed to be caused by property damage, personal injury, physical harm, illness, death, or litigation arising out of or relating in any way to the Sweepstakes, participation in the Sweepstakes, and/or acceptance, possession, use or misuse of the Prize (including without limitation any travel related thereto); and (2) indemnify the Released Parties from and against any and all liability arising out of the Sweepstakes. Each Entrant hereby acknowledges that, to the fullest extent permitted by law, the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prize. Winner assume all liability for any injury or damage caused, or claimed to be caused, by the Sweepstakes, participation in the Sweepstakes and/or acceptance, possession, use or misuse of the Prize. Claims may not be resolved through any form of class action and shall be resolved individually. Entrant further agrees (x) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (y) any and all claims, judgments, and award shall be limited to actual out-ofpocket costs incurred, excluding attorneys’ fees and court costs; (z) Entrant's remedies are limited to a claim for money damages (if any) and Entrant irrevocably waives any right to seek injunctive or equitable relief. Some jurisdictions do not allow the limitations or exclusion of liability, so the above may not apply to every Entrant, and without limitation to any other jurisdictions, for Entrants who are residents of England, Equinox does not exclude or limit its liability for Equinox’s fraud or death or personal injury resulting from Equinox’s negligence. Except for Entrants who are residents of England, the Sweepstakes, these Official Rules, and any claims or disputes arising out of or relating in any way to the foregoing, will be governed by and construed in accordance with the laws of the State of New York, without reference to its conflicts of laws principles, and by entering the Sweepstakes each such entrant expressly agrees to submit to the exclusive jurisdiction and venue of the competent federal, state and local courts located in New York County, New York. For Entrants who are residents of England only, the Sweepstakes, these Official Rules, and any claims or disputes arising out of or relating in any way to the foregoing, will be governed by and construed in accordance with the laws of England, without reference to its conflicts of law principles, and by entering the Sweepstakes each such Entrant expressly agrees to submit to the exclusive jurisdiction and venue of the courts of competent jurisdiction located in London, England. If any portion of these Official Rules is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, (a) such portion shall be modified to the least extent necessary to render it valid and consistent with applicable law, (b) such invalidity shall not affect the enforceability of any other portion of these Official Rules, and (c) the remainder of these Official Rules shall continue in full force and effect. In the event of a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes materials (including any call-to-action posts or participation instructions) and the terms and conditions of these Official Rules, Equinox shall in its sole discretion indicate which document or statement will prevail, govern and control. The Sweepstakes and all related Sweepstakes materials, websites, pages, contents and code are copyright © 2018 Equinox Holdings, Inc. Equinox’s name, designs, logos and slogans are trademarks or service marks and exclusive property of Equinox. Copying or unauthorized use of any copyrighted material or trademarks without the express written consent of Equinox is strictly prohibited. 9.

WINNERS LIST: To receive the names of the Winner, send an email to [email protected] with the subject line “#EQXMyMuse Sweepstakes Winners List.” Requests must be received by 11:59:59 PM Eastern Time on April 2, 2018. Winners list will not be sent until all Winners have been verified.

#EQXMyMuse Sweepstakes - Official Rules (2018.02.20).pdf ...

Page 1 of 4. EQUINOX. #EQXMYMUSE SWEEPSTAKES. OFFICIAL RULES. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. ENTRY PERIOD / JUDGES /PRIZES / WEEK. 1. PRELIMINARY INFORMATION: By entry into the Sweepstakes, you accept and agree to be bound by these ...

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