Prize draw official rules
Playlist State of the Industry
Last Updated: September 30, 2026
No purchase or payment of any kind is necessary to enter or win. A purchase or payment will
not increase your chance of winning. Sweepstakes is void where prohibited or restricted by
Law.
Each Entrant hereby represents and warrants that such Entrant has read these Official Rules
and agrees to these Official Rules which are a contract, so read them carefully before entering.
This contract includes, without limitation, grants of rights and indemnities to the Sponsor from
Entrant, a limitation of Entrant’s rights and remedies, a class action and jury trial waiver, and a
requirement that most disputes be settled by mandatory binding arbitration. Sweepstakes is
open only to legal residents of the 50 United States and the District of Columbia, France,
Germany, and the United Kingdom. Do not enter this Sweepstakes if you are not physically
located in and a legal resident of one of the 50 United States or the District of Columbia,
France, Germany, or the United Kingdom. An Entrant must be at least 18 years of age (19
years of age in Alabama and Nebraska, 21 years of age in Mississippi) or older as of the date
of his or her participation and entry. If Entrant is not at least 18 years of age (19 years of age in
AL/NE; 21 years of age in MS) or older, and/or if Entrant does not agree to these Official
Rules, Entrant should not enter this Sweepstakes.
1. Sponsor.
The Sponsor for this Sweepstakes is ([Mindbody, Inc.]/[ClassPass, LLC] 101 E Front St, Suite
202, Missoula, MT 59802 / [EGYM SE] Einsteinstraße 172, 81677 Munich, Germany.)
2. Eligibility and Participation.
The Playlist State of the Industry Sweepstakes (the “Sweepstakes”) is open only to legal
residents of the 50 United States and the District of Columbia, France, Germany, and the
United Kingdom who are physically located therein and who are at least 18 years of age (19 in
Alabama or Nebraska, 21 in Mississippi) or older as of the date of their participation and entry
(each, an “Entrant”). This Sweepstakes and any web sites, web pages, and advertisements
relating thereto are intended for viewing only within the eligible geographic area. Entries
received from individuals residing outside the eligible geographic area, or where restricted or
prohibited by law, or individuals who are not legal residents of an eligible geographic area or
who are otherwise ineligible will be disqualified. Employees of ([Mindbody, Inc.] / [ClassPass,
LLC] / [EGYM SE]) (the “Sponsor”), and its respective parents, affiliates, subsidiaries,
distributors, sales representatives, and advertising agencies, and all other service agencies
involved with the Sweepstakes (collectively, the “Sweepstakes Entities”), and members of
their immediate family (spouse, parents, siblings and children) and household members
(whether related or not) of each such employee are not eligible to participate or win. The
Sweepstakes is subject to all applicable federal, state and local laws and regulations. By
participating in this Sweepstakes and entering or attempting to enter into the Sweepstakes,
Entrant agrees and acknowledges that: 1) he or she has read and understands these Official
Rules; 2) he or she has met these Sweepstakes eligibility requirements; 3) he or she
unconditionally accepts and agrees to be bound by these Official Rules and the decisions of
the Sponsor, which are final and binding in all matters related to the Sweepstakes; 4) he or she
waives any right to claim ambiguity in this Sweepstakes or these Official Rules; and 5) winning
and receiving a prize is contingent upon compliance with these Official Rules and fulfilling all
requirements. Sponsor reserves the right to verify the eligibility of winners.
3. Timing.
The Sweepstakes begins September 30, 2026, at 9:00 a.m. U.S. Eastern Time (“ET”) and
ends on October 13, 2026, at 11:59 p.m. ET (the “Sweepstakes Period”). The Sponsor’s
computer clock is the official time-keeping device in this Sweepstakes.
4. How to Enter Sweepstakes.
No Purchase Necessary to Enter. There is one (1) Method of Entry. In the event that for any
reason whatsoever an Entrant’s entry, or any portion thereof, is not captured as a full
submission in accordance with these Official Rules, whether through no fault of Entrant or
otherwise, including but not limited to as a result of the effects of hackers or the failure of any
electronic equipment, or human intervention, computer or cellular transmission, or network
connections, any such attempted entry submissions will become null and void and Sponsor
shall have no duty to advise Entrant, to allow Entrant to resubmit, or any liability for such failure
in any respect; all of which Entrant hereby waives to the fullest extent permitted by applicable
law. Specifically, and without limiting the generality of the foregoing, Sponsor is not responsible
for any lost, late, illegal, intercepted, incomplete, misdirected, damaged, destroyed, mutilated,
unintelligible or not received entries, or for errors, omissions, interruptions, deletions, defects,
delays in operations, in transmissions of entries. If an Entrant does not follow the instructions
of an entry method listed below, Entrant’s entry will be viewed as not captured as a full
submission, and all entries that are not captured as a full submission for any reason
whatsoever will be disqualified from the Sweepstakes. Proof of sending an entry will not be
deemed proof as a full submission entry nor will it be deemed proof of receipt by Sponsor. If
Entrant is entering via a mobile phone or other web-enabled device and is using his or her
wireless carrier’s network, Entrant may incur standard data charges from his or her wireless
carrier and/or other charges may apply (such as normal airtime and carrier charges) and may
appear on an Entrant’s mobile phone bill or be deducted from an Entrant’s prepaid account
balance. An Entrant should contact his or her wireless carrier for more information on rate
plans and charges relating to his or her participation in this Sweepstakes.
5. Entry Method(s).
5.1. Website Entry Method. To enter the Sweepstakes during the Sweepstakes Period an
Entrant must use Sponsor’s specified Entry Method, which will be either (a) a hyperlink
contained in an email sent by Sponsor, or (b) a modal accessible within the Entrant’s customer
Dashboard.
6. Content Submissions.
Entries, comments and content submitted or uploaded to any social media sites or other public
sites in connection with this Sweepstakes (collectively, “Content Submissions”) may not
contain, depict or show any content that: (a) contains profanity, inappropriate or explicit
language, pornographic, or sexual content, content promoting alcoholic beverage use, illegal
drugs, tobacco, firearms, gambling, weapons, or hateful content such as racism, sexism etc.;
(b) any content that promotes violence or harm to another living creature; (c) promotes any
activities that may appear unsafe or dangerous, or any political agenda or message; (d)
defames, misrepresents or contains disparaging remarks about Sponsor or other companies;
(e) contains trademarks, logos or trade dress (such as distinctive packaging or building
exteriors/interiors) or copyrighted materials (including photographs, sculptures, paintings and
other works of art or images published via websites, television, movies or other media) owned
by others, without permission; (f) contains any personal identification, such as license plate
numbers, last names (first names are permitted), email addresses or street addresses for any
person other than Entrant, or otherwise infringes on the privacy of any person other than an
Entrant; (g) communicates messages or images inconsistent with the positive image and good
will of Sponsor’s brand; and/or (h) violates any law. Any Content Submissions that contain,
depict or show such content; that exceed any required file size or length limits imposed by the
Sweepstakes Entities ; and/or that violate these Content Submission requirements, the terms
of these Official Rules, will be disqualified. Content may not include music. If a Content
Submission contains an identifiable third party other than Entrant, by submitting the Content
Submission, the Entrant represents and warrants that he/she has obtained the consent of such
person to the Sweepstakes Entities’ use of the Content Submission. Entrant may be required
to supply such third-party written consent to the Sweepstakes Entities upon request. Sponsor
reserves the right in its sole and unfettered discretion to disqualify any Content Submission
that they believe is inappropriate, indecent, unacceptable, or not suitable for publication, that
does not comply with these Official Rules or that is not consistent with the spirit or theme of the
Sweepstakes.
7. Artificial Intelligence.
Entries must not use or in any way incorporate artificial intelligence or any other simulation of
human intelligence or process through the use of a machine or computer system (collectively,
“Artificial Intelligence”) in the creation or submission of the entry or as a part of any entry.
Any entry that was created by use of Artificial Intelligence, or which in any way incorporates
Artificial Intelligence, will be void, and the Entrant who submitted such an entry may be
disqualified at Sponsor’s sole discretion.
8. Entries and Non-Authorized Means of Entry.
Limit one (1) entry per person throughout the Sweepstakes Period regardless of Method of
Entry. Additional entries in excess of the limit may be disqualified. If it is discovered by the
Sponsor (using any evidence or other information made available to or otherwise discovered
by Sponsor) that any person has attempted to use multiple names or identities, to submit
multiple entries, to write a product review for the same product (if required), or has used any
automated, macro, script, robotic or other system(s) or program(s) to enter or otherwise
participate in or disrupt this Sweepstakes; then he or she may be disqualified from the
Sweepstakes in the sole and absolute discretion of the Sponsor. Any entry obtained outside of
an authorised, legitimate channel and/or that is not in compliance with these Official Rules will
void all such entries and disqualify any Entrant using such methods. Sponsor reserves the
right to disqualify any person found or suspected of, tampering with the entry process, or the
operation of this Sweepstakes, or interferes with the proper entry of this Sweepstakes, or is
acting in violation of these Official Rules, or is acting in a non-sportsmanlike or disruptive
manner, or is acting with intent to annoy, abuse, threaten, or harass any other persons will be
disqualified. Warning: Any attempt by an individual, whether or not an Entrant to deliberately
damage, destroy, tamper with or vandalize this Sweepstakes 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. Failure by the Sponsor to enforce any provision of these Official Rules
shall not constitute a waiver of that provision.
9. Entry Screening, Entrant Verification and Entry Restrictions.
9.1. Sponsor reserves the right to screen entries and in Sponsor’s sole discretion reserves the
right to disqualify and remove any entry it deems as inappropriate, unacceptable and/or which
fails to adhere to these Official Rules. Sponsor is not obligated to notify Entrant of the actions
to remove or disqualify Entrant’s entry. Entrant agrees if his or her entry is contested in any
manner for any reason whatsoever, Sponsor may disqualify that entry and discontinue use
without notification, and Entrant agrees if Entrant’s entry is contested in any manner for any
reason whatsoever, Entrant will not contest the decision of Sponsor, and such decision shall
be final. Entries posted on the Sponsor’s website, or any medium selected by Sponsor, solely
represent the views and opinions of the Entrants and do not reflect the views and opinions of
Sponsor in any manner. Sponsor is acting as a passive conduit for the posting and publication
of entries and has no obligation to and expressly disclaims any and all liability in conjunction
with screening, monitoring or reviewing the content of an entry. Sponsor makes no claim they
will edit entries submitted by Entrants prior to posting them on Sponsor’s website or any
selected medium by Sponsor.
9.2. All entries and Entrants are subject to verification at any time and for any reason. The
Sponsor reserves the right, in their sole and absolute discretion, to require proof of compliance
with these Official Rules, including without limitation, proof of identity and/or eligibility, in a form
acceptable to Sponsor (including without limitation, government issued photo identification) to
participate in this Sweepstakes.
9.3. Entrants are not permitted to use another person’s identity or another person’s email
account, nor can an Entrant share the same email account or social media account/handle, as
applicable, to enter the Sweepstakes. If a person is found using another person’s identity or
account he or she will be disqualified and ineligible to claim any prize. In case of a dispute as
to the identity of an Entrant, the authorized account holder of the email address or social media
account/handle used to enter will be deemed to be the Entrant or participant, regardless of the
individual that submitted the entry. In the event of a dispute regarding entries received from
multiple Entrants using or having the same email or social media account or handle, the
authorized account holder of the email address associated with the account at the time of entry
submission will be deemed to be the Entrant. Sponsor reserves the right to deem that the entry
was submitted by the authorised account holder. “Authorised Account Holder” is defined as
the natural person who is assigned to an email address by an Internet access provider, online
service provider, or any organisation that is responsible for assigning email addresses or the
domain associated with the submitted email address.
10. Licence to Use Submitted Materials and Sponsor’s Rights
to Entries.
10.1. By submitting an entry, Entrant agrees that such entry, communications or submissions,
creative suggestions, ideas, notes, concepts or other materials (“Submissions”) that Entrant
may submit to Sponsor or post online or on social media in connection with this Sweepstakes,
including all rights embodied therein, whether sent via the website or electronic mail or some
other means, with the exception of personally identifiable information as identified in Sponsor’s
privacy policy (Mindbody and Booker:
https://www.mindbodyonline.com/company/legal/privacy-policy / ClassPass:
https://classpass.com/privacy. EGYM: https://us.egym.com/en-us/privacy;
https://de.egym.com/de-de/datenschutz; https://fr.egym.com/fr-fr/protection-des-donnees), are
deemed to be non-confidential and non-proprietary and Sponsor shall have no obligation of
any kind with respect to such Submissions. Sponsor shall be free to edit, exploit, modify,
publish, reproduce, use, disclose, disseminate and distribute the Submissions to others without
limitation in any and all media now known or not currently known, throughout the world in
perpetuity for the purposes described in these Official Rules, without compensation,
permission, or notification to Entrant or any third party; however, for Entrants in France,
Germany, and the United Kingdom, personal data contained in or associated with a
Submission will be used and retained only for the purposes and retention periods described in
Section 22 and will not be subject to the perpetual grant. Entrant hereby grants to the Sponsor
and its legal representatives, successors and assigns an irrevocable and worldwide license to
use and modify the intellectual property in the Submissions in any form or format in perpetuity,
but this perpetual licence excludes Entrant’s personal data, including name, biographical
information, email address, photos, videos, and likeness. Entrant acknowledges and agrees
that if Sponsor does use the Submissions, Entrant shall not be entitled to any credit,
consideration, notice, or payments of any kind. Entrant waives any moral rights he or she may
have to the Submissions and agrees that if Sponsor elects to use Submissions for any
purpose, all rights under copyright or other intellectual property rights that may result from that
relating to Entrant’s Submissions or from use of the same by Sponsor shall be the sole
property of Sponsor. Entrant further agrees that if Sponsor elects to use Entrant’s
Submissions, Entrant will execute any documents requested by Sponsor regarding this
assignment. If any use by Sponsor of the Submissions causes it to be liable to any third party,
Entrant agrees to indemnify Sponsor and its agents, employees, affiliates, subsidiaries,
representatives and all related parties from and against any and all damages, costs,
judgements and expenses (including reasonable attorneys’ fees) that it incurs as a result of its
use of the Submissions.
10.2. Without limiting the foregoing, and except for any manufacturer’s warranties that may be
provided with individual prizes, everything regarding this Sweepstakes, including each website
and mobile app associated with this Sweepstakes and all prizes, is provided “as is” without
warranty of any kind, either express or implied, including, but not limited to, the implied
warranties of merchantability, fitness for a particular purpose, or non-infringement. Some
jurisdictions may not allow the limitations or exclusions of liability for incidental or
consequential damages or exclusion of implied warranties, so some of the above limitations or
exclusions may not apply. Check local laws for any restrictions or limitations regarding these
limitations or exclusions.
11. Odds of Winning.
Odds of Winning will depend upon the number of eligible entries received throughout the
Sweepstakes Period.
12. Drawing.
On or about October 13, 2026, Sponsor will select the name of a potential winner of the prize in
a random drawing from among all eligible entries received during the Sweepstakes Period. In
the event an Entrant wins a prize, and is later found to be in violation of these Official Rules,
Entrant will be required to forfeit the prize or, if the violation is discovered after the prize winner
has used or redeemed the prize, to reimburse Sponsor for the stated prize value listed in these
Official Rules. Limit of one prize per person per Sweepstakes Period.
13. Potential Prize Winner Notification.
Prize winners will be considered to be potential prize winners until Sponsor confirms his or her
prize winner status. Entrant acknowledges and grants Sponsor the ability in its sole discretion
to announce the names or any identifying information of an Entrant/potential prize winner on its
website, or in any other form of public communication. For an Entrant in France, Germany, or
the United Kingdom, any public announcement or winner list will be limited to the prize
winner’s first name, last initial, and city and country of residence, unless the prize winner has
provided separate, prior consent or Sponsor has another lawful basis permitted by applicable
law for wider publicity. Sponsor will use the minimum information required by applicable law if
a winner list must be made available. Sponsor will email or call a potential prize winner
following the drawing via the information provided by Entrant at the time of entry. Once the
potential prize winner accepts the prize, Sponsor will provide instructions on how to claim the
prize. In Sponsor’s sole discretion, a selected entry of the potential prize winner will be
disqualified from the Sweepstakes if a potential prize winner: (a) is unreachable or
unresponsive to notification or attempted notification within twenty-four (24) hours of Sponsor’s
initial outreach; (b) declines or cannot accept, receive or use the prize or any component of the
prize for any reason; (c) does not meet eligibility requirements; or (d) has failed to comply with
these Official Rules. If the potential prize winner is disqualified from the Sweepstakes for any
reason whatsoever, he or she will be required to forfeit the prize without compensation of any
kind, and Sponsor will award the applicable prize to an alternate winner selected by a random
drawing from among all remaining eligible entries. Sponsor reserves the right to modify the
notification process. If Sponsor is unable to determine and verify a potential winner after
repeated alternate drawings or if they fail to receive a sufficient number of entries to
correspond to the number of prizes available to be awarded. Sponsor reserves the right to not
award any or all of the prizes.
14. Prize Description.
One Grand Prize Winner will be selected at the end of the Sweepstakes Period. The Grand
Prize winner will receive USD $500, or the equivalent in local currency based on the exchange
rate published on the date these Official Rules are issued, converted based on the winner's
country of residence. Approximate retail value (“ARV”): $500. The total ARV of all prizes being
awarded during the Sweepstakes Period is $500 (the “TRV”).
15. Prize Restrictions.
15.1. Prize winners must accept the prize being awarded or prize may be forfeited and may be
awarded to an alternate prize winner. Certain restrictions and terms and conditions may apply
to prizes. Prizes are non-transferable in whole or in part except at the discretion of the
Sponsor. No substitution or cash redemption is allowed except at the discretion of Sponsor, in
which case a prize of equal or greater value will be awarded. Sponsor reserves the right to
substitute a prize (or component thereof) of equal or greater value for any reason whatsoever.
Prize winners shall bear all risk of loss or damage to prize upon being awarded and Sponsor
does not have any obligation or responsibility to replace prize if lost, damaged or stolen.
Sponsor is not responsible for any fees, costs, or additional charges that may result from an
Entrant and/or prize winner participating in the Sweepstakes or being awarded and receiving
and using a prize. The Sponsor shall not assume any liability for a lost, damaged or
misdirected prize. An unclaimed prize will not be awarded.
15.2. Any and all applicable taxes, including without limitation any income, withholding, goods
and services, value-added, or other taxes imposed by any governmental authority, and all fees
and expenses related to acceptance and use of prize not specifically stated herein are the
responsibility solely of winner, and the value of a prize may be taxable as income to the prize
winner. It is the sole responsibility of the prize winner to seek independent counsel regarding
tax implications. Prize cannot be substituted, assigned, transferred, or redeemed for cash;
however, Sponsor reserves the right to make equivalent prize substitutions at its discretion.
Sponsor will not replace any lost or stolen prizes. Prize(s) cannot be used in conjunction with
any other promotion or offer. Only the number of prizes stated in these Official Rules is
available to be won in the Sweepstakes. If by reason of a print or other error, more prizes are
claimed than the number set forth in these Official Rules, prize winners will be selected in
accordance with the winner selection method described above from among all eligible
claimants making purportedly valid claims to award the advertised number of prizes available.
Sponsor is not responsible for any delay or cancellation of the prize delivery due to unforeseen
circumstances or those outside of their control. If the fulfilling merchant cancels the order for
reasons out of Sponsor’s control, the prize will not be delivered and no additional
compensation will be provided.
15.3. If the prize includes a prepaid gift card, that card is subject to the terms of the applicable
Cardholder Agreement provided with the card and cannot be redeemed for cash except where
required by law. This Sweepstakes is not sponsored, endorsed, or administered by the card
issuer or payment network.
16. Requirements of Potential Prize winners to become Prize
Winners.
Potential prize winners must continue to comply with the Official Rules; and winning is
contingent upon abiding and accepting the Official Rules and fulfilling all of Sponsor’s
instructions. For prizes with a value of more than $2,000, except where legally prohibited, each
potential prize winner must sign and return, within 7 days of being notified, an Affidavit of
Eligibility, Liability & Publicity Release (“Affidavit”) in order to claim their prize. Potential
winners of all prizes with a value of less than $2,000, except where legally prohibited, may be
asked to sign and return, within seven (7) days of being notified, a Declaration of Eligibility,
Liability & Publicity Release (“Declaration”) in order to claim their prize. If Sponsor declares a
potential prize winner as a prize winner without requiring an Affidavit or Declaration, by
Entrant’s participation in the Sweepstakes, Entrant confirms he or she has met the eligibility
requirements, adhered to the Official Rules, and accepts and will be bound to the Official
Rules.
17. Prize Winner Release of Publicity Rights.
By accepting a prize, prize winner agrees to allow Sponsor and/or a representative acting on
Sponsor’s behalf the right to use prize winner’s name, biographical information, email address,
photos, videos and/or likeness, and statement for Sweepstakes, trade, commercial, advertising
and publicity purposes, at any time or times, by any and all means, devices, processes and
technology, and in all language and in all media, now known or hereafter invented,
contemplated or devised, including, without limitation, the internet, television, film, video
cassettes, video discs and other audio-video devices, and radio broadcast and print
publications for advertising, promotional, regulatory compliance and/or other purposes related
to Sweepstakes without notice to prize winner, without credit and without compensation or
obligation except where prohibited by law. For a prize winner who is an Entrant in France,
Germany, or the United Kingdom, Sponsor’s use of this personal data is limited to the
purposes and retention periods stated in Section 22, is not perpetual, and will stop when those
periods expire unless continued retention or use is required by law or based on separate
consent. For all other prize winners, this authorization is perpetual except where prohibited by
law.
18. Release and Limitations of Liability.
BY PARTICIPATING IN THIS SWEEPSTAKES, ENTRANT AGREES TO RELEASE,
INDEMNIFY, DEFEND AND HOLD HARMLESS SPONSOR, AND ITS PARENT
COMPANIES, SUBSIDIARIES, AFFILIATES, PARTNERS, REPRESENTATIVES, AGENTS,
SUCCESSORS, ASSIGNS, EMPLOYEES, OFFICERS AND DIRECTORS (COLLECTIVELY,
THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY FOR ANY INJURIES
(INCLUDING EMOTIONAL DISTRESS), FROM ANY AND ALL CAUSE OF ACTION,
LIABILITIES, SUITS, CLAIMS INCLUDING BUT NOT LIMITED TO, THIRD PARTY CLAIMS
THAT MAY BE MADE AGAINST ENTRANTS AND CLAIMS ARISING OUT OF OR
RELATING TO ACCEPTANCE, RECEIPT, POSSESSION OR USE/MISUSE OF ANY PRIZE,
OR ANY PUBLICITY OR OTHER PUBLIC EXPOSURE OF ENTRANT, INCLUDING
WITHOUT LIMITATION, CLAIMS CONCERNING INFRINGEMENT OR INVASION OF
ENTRANT’S PRIVACY OR PUBLICITY RIGHTS, OR DEFAMATION, OR ACTS
UNDERTAKEN IN PREPARATION FOR, OR PARTICIPATION IN, THE SWEEPSTAKES,
AND LOSSES AND/OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING DEATH, OR
PROPERTY ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ANY
PRIZE OR RESULTING FROM AWARDING, ACCEPTANCE, NOTIFICATION,
POSSESSION, USE, MISUSE, LOSS OR MISDIRECTION OF ANY PRIZE OR RESULTING
FROM PARTICIPATING OR INABILITY TO PARTICIPATE IN THIS SWEEPSTAKES
PROMOTION OR ANY SWEEPSTAKES PROMOTION OR PRIZE-RELATED ACTIVITIES.
ENTRANT ASSUMES LIABILITY FOR INJURIES CAUSED OR CLAIMED TO BE CAUSED
BY PARTICIPATING IN THE SWEEPSTAKES, OR BY THE ACCEPTANCE, POSSESSION,
USE OF, OR FAILURE TO RECEIVE ANY PRIZE. The Released Parties shall not have any
obligation, responsibility or liability, including but not limited to any responsibility to provide
compensation or award any prize to Entrants, with regard to: (a) Entries that are forged,
falsified or altered or contain inaccurate information or do not comply with or violate these
Official Rules; (b) Entries and/or notifications that are lost, late, incomplete, illegible,
unintelligible, unrecorded, damaged, garbled, or misdirected, for errors, omissions,
interruptions, deletions, defects, or delays in operations or transmission of information, in each
case whether arising by way of technical or other failures or malfunctions of computer
hardware, software, communication devices or transmission lines or data corruption, theft,
destruction, unauthorized access to, or alteration of, entry materials, loss, or otherwise; (c)
Electronic communications which are undeliverable as a result of any form of active or passive
filtering of any kind, or insufficient space in an Entrant’s e-mail account to receive e-mail
messages; failures or malfunctions of phones, phone lines or telephone or data transmission
systems; interrupted or unavailable network, server or other connections; any error omission,
interruption, defect, or delay in any transmission or communication; traffic congestion on the
Internet or any technical problem; (d) Any technical or human errors resulting in errors of
printing of Sweepstakes offer, administration of Sweepstakes, potential prize winner
Sweepstakes notification, announcement of Sweepstakes prize winners and/or prizes, or any
errors of any kind that may result in the selection and notification of a prize winner; (e) Entrants
who have committed fraud or deception in entering or participating in the Sweepstakes or
claiming a prize; (f) Any inability of a prize winner to accept the prize in whole or in part for any
reason whatsoever; (g) If the Sweepstakes cannot be administered or conducted, or any prize
cannot be awarded to a prize winner due to delays or interruptions due to Acts of God, natural
disasters, threats of or actual terrorism, weather, war, fire, labor dispute or strike, civil
disturbance, riot, transportation interruption, pandemics, epidemics, widespread illness, or any
similar event or cause beyond the Released Parties reasonable control; (h) Human error,
unauthorized human intervention, inaccurate or non-capture or mis-entry of any information
and/or of an entry; and (i) Any Entrant, prize winner or any other person for damage to such
person’s computer or its contents or mobile device. Entrant/prize winner acknowledges that he
or she will release and hold harmless Released Parties from any liabilities for, but not limited
to, any claims or causes of action based on publicity rights, defamation, or invasion of privacy
and the condition and features of a prize. Sponsor reserves the right to correct any errors
pertaining to this Sweepstakes for any reason whatsoever. If for any reason whatsoever the
Sweepstakes (in whole or in part) is not capable of running as planned due to but not limited
to, computer virus, worm, bug, tampering, hacking, unauthorized intervention, fraud, technical
difficulties, or failures, or any other causes which in the sole opinion of Sponsor, could corrupt
or affect the administration, security, integrity, fairness, or proper conduct of this Sweepstakes,
Sponsor, at Sponsor’s sole discretion, reserves the right to cancel, modify, suspend or
terminate the Sweepstakes and determine prize winners from eligible entries already received
or as otherwise deemed fair and equitable by Sponsor.
19. General Sweepstakes Information.
Certain entries may not be deleted, canceled, or modified by an Entrant, depending on the
method of entry used by Entrant. Entrant grants to Sponsor, or any representative acting on
behalf of Sponsor, the right to use information related to the Sweepstakes only as reasonably
necessary to administer the Sweepstakes, verify eligibility, contact Entrants and potential prize
winners, award and deliver prizes, prevent fraud, comply with legal obligations, and enforce
these Official Rules, and, where applicable, to send marketing communications in accordance
with the consent requirements described in Section 22. For Entrants in France, Germany, and
the United Kingdom, this processing is based on performance of the contract formed by these
Official Rules, compliance with legal obligations, or Sponsor’s legitimate interests, as
described in Section 22. Sponsor will not use the personal data of an Entrant in France,
Germany, or the United Kingdom for electronic marketing or promotional communications
unless the Entrant has given separate, prior, specific and unbundled opt-in consent. That
consent is not a condition of entry or prize eligibility, may be withdrawn at any time, and, for
Entrants in Germany, will be confirmed through a double opt-in process. Sponsor assumes no
liability for any entries submitted into the Sweepstakes that violate these Official Rules.
Sponsor is not responsible for any change in an Entrant’s name, telephone number, email
address, or the inability of a potential prize winner to receive an email or telephone call. If for
any reason whatsoever data is not available to contact an Entrant, the entry will become null
and void and the Entrant will be disqualified from the Sweepstakes. In the event of a conflict
between these Official Rules and the Sponsor’s Privacy Policy, to the extent it applies, the
applicable privacy notice controls on privacy and data protection matters, and the EU/UK
Privacy Notice supplements and does not replace the privacy policy links described in Section
21. For all other matters, these Official Rules shall control and, if any discrepancy or
inconsistency occurs between the terms and conditions of these Official Rules and disclosures
or other statements contained in any Sweepstakes-related materials, the terms and conditions
of these Official Rules shall prevail, govern and control to the fullest extent permitted by law.
20. Disputes.
Except where prohibited, by participating, Entrant and prize winner(s) agree that all issues and
questions concerning the construction, validity, interpretation, administration, and enforceability
of the Official Rules, or the rights and obligations of an Entrant, prize winner, and Sponsor
shall be governed by and construed exclusively in accordance with the laws of the State of
California, without regard to its conflict or choice of law principles. ALL DISPUTES ARISING
OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP
BETWEEN THE PARTIES, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD,
MISREPRESENTATION, OR ANY OTHER LEGAL THEORY WILL BE RESOLVED
THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR
INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND EACH PARTY HEREBY WAIVES
THE RIGHT TO TRIAL BY A JURY. THE PARTIES AGREE THAT ANY ARBITRATION
UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS AND THAT
EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL
CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS
OR REPRESENTATIVE PROCEEDING; CLASS ARBITRATIONS AND CLASS ACTIONS
ARE NOT PERMITTED, AND EACH PARTY AGREES TO WAIVE THE ABILITY TO
PARTICIPATE IN A CLASS ACTION OR SEEK ANY REMEDY ON A REPRESENTATIVE
BASIS OR FOR THE BENEFIT OF ANYONE OTHER THAN ITSELF. The arbitration will be
administered by the American Arbitration Association under its Commercial Arbitration Rules
and Mediation Procedures (currently accessible at https://adr.org/industries/commercial/#rules-
forms-and-fees) as amended by this Agreement. Any arbitration hearing will be held in Los
Angeles County, California. The applicable governing law will be as set forth in this Section
(provided that with respect to arbitrability issues, including interpretation and enforcement of
this arbitration provision, the Federal Arbitration Act and related federal arbitration law will
govern). The arbitrator’s decision will follow the terms of these Official Rules and will be final
and binding. The arbitrator will have authority to award temporary, interim, or permanent
injunctive relief, or relief providing for specific performance, but only to the extent necessary to
provide relief warranted by the individual claim before the arbitrator and in favor of and to
benefit the individual party seeking relief. The award rendered by the arbitrator may be
confirmed and enforced in any court having jurisdiction thereof.
EU/UK Data Protection Rights Carve-Out. Nothing in this Section 20, including its governing
law, arbitration, class action waiver, or jury trial waiver, limits any non-waivable statutory rights
of an Entrant in France, Germany, or the United Kingdom under applicable data protection law.
Such Entrants may exercise the rights described in Section 22, may lodge a complaint with the
UK Information Commissioner’s Office (ICO), the French Commission nationale de
l’informatique et des libertés (CNIL), or the competent German Land supervisory authority, as
applicable, and may seek any judicial remedy available under applicable law. Those rights and
remedies are not subject to the arbitration or class-waiver provisions to the extent prohibited by
applicable law.
21. Privacy Statement.
Information collected from Entrants is subject to the Sponsor’s applicable privacy policies and
notices, which can be accessed by visiting (Mindbody and Booker:
https://www.mindbodyonline.com/company/legal/privacy-policy / ClassPass:
https://classpass.com/privacy. EGYM SE: https://uk.egym.com/en-gb/privacy;
https://de.egym.com/de-de/datenschutz; https://fr.egym.com/fr-fr/protection-des-donnees). For
Entrants in France, Germany, and the United Kingdom, the Sponsor’s EU/UK Privacy Notice,
available at (Mindbody and Booker: https://www.mindbodyonline.com/company/legal/privacy-
policy / ClassPass: https://classpass.com/privacy. EGYM SE: https://uk.egym.com/en-gb/privacy; EGYM SE https://de.egym.com/de-de/datenschutz; https://fr.egym.com/fr-fr/protection-des-donnees), supplements and does not replace the applicable UK privacy policy links above and provides the transparency information required by applicable GDPR and UK GDPR, including the information described in Section 22. The Sponsor name, data controller details, representative details, and EU/UK Privacy Notice URL must be completed before Publication.
22. EU/UK Data Protection.
For Entrants who are residents of France, Germany, or the United Kingdom, this Section
supplements the Sponsor’s applicable privacy policies and the EU/UK Privacy Notice identified
in Section 21. Those privacy policies and notice are incorporated by reference for privacy and
data protection matters.
22.1. Data Controller and Representatives. The Data Controller for personal data processed
in connection with the Sweepstakes is the Sponsor identified in Section 1, currently shown as
([Mindbody, Inc.] / [ClassPass, LLC] / [EGYM SE.]) (the “Data Controller”). Any applicable
representative under Article 27 of the GDPR and any applicable representative under Article
27 of the UK GDPR are appointed and identified in the EU/UK Privacy Notice.
22.2. Purposes and Lawful Bases. For Entrants in France, Germany, and the United
Kingdom, the Data Controller processes Entrant personal data on the following lawful bases:
performance of the contract formed by these Official Rules to administer entries and award
and deliver the prize; compliance with legal obligations; and the Data Controller’s legitimate
interests in fraud prevention and security, balanced against Entrant rights. Electronic marketing
to Entrants in France, Germany, and the United Kingdom requires separate, prior, specific, and
unbundled opt-in consent. Such consent is not a condition of entry or prize eligibility and may
be withdrawn at any time. For Entrants in Germany, consent will be confirmed through a
double opt-in process.
22.3. Applicable Privacy Policies and EU/UK Privacy Notice. The Sponsor’s applicable
privacy policy and the EU/UK Privacy Notice identified in Section 21 describe the categories of
personal data and recipients, retention periods, international transfers and applicable
safeguards, data subject rights and how to exercise them, complaints, and cookies and similar
technologies. For Entrants in France, Germany, and the United Kingdom, Entrant personal
data may be transferred to and processed by the Data Controller and its service providers in
the United States under safeguards described in the EU/UK Privacy Notice. Entrants may
exercise the data subject rights and lodge complaints with the supervisory authorities
described in the EU/UK Privacy Notice, including the UK Information Commissioner’s Office
(ICO), the French Commission nationale de l’informatique et des libertés (CNIL), or the
competent German supervisory authority, as applicable.
23. Severability.
If any term or provision of these Official Rules is found under the law to be invalid or
unenforceable, then such specific term or provision shall be of no force and effect and shall be
severed, and the remainder of these Official Rules shall continue in full force and effect.
24. Official Rules and Winners List.
To obtain the prize winner list, send a self-addressed, stamped envelope to the following
address, no later than 6 months after the end of the Sweepstakes Period: 101 E. Front Street,
Suite 202, Missoula, MT 59802 Attn: Playlist State of the Industry Report Sweepstakes
Winners List. To obtain a copy of the Official Rules, send a self-addressed, stamped envelope
to the following address, no later than 60 days after the end of the Sweepstakes Period: 101 E.
Front Street, Suite 202, Missoula, MT 59802 Attn: Playlist State of the Industry Report
Sweepstakes Official Rules. Vermont residents may exclude return postage on requests for
Official Rules.