These terms and conditions (“Terms”) apply to your participation in the GMTM Referral Program (“Program”) operated by GMTM, Inc. (“Company,” “GMTM,” “our,” “us” or “we”). By referring new athletes to sign-up with GMTM (“New Athletes”) or otherwise participating in the Program, you agree to these Terms. These Terms do not alter in any way the terms or conditions of any other agreement you may have with Company for products and services, and by participating you re-affirm your agreement to the GMTM Terms of Service, which are incorporated by reference herein.
THESE TERMS ARE SUBJECT TO THE MANDATORY ARBITRATION PROVISION IN SECTION 16 OF THE GMTM TERMS OF SERVICE THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS AND LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.
Eligibility: The Program is open only to individuals who are (a) legal residents of the 50 United States and District of Columbia; (b) at least 18 years of age (or the age of majority in their jurisdiction of residence, whichever is older); (c) are employed or actively and regularly engaged in coaching, training, or counseling of athletes; and (d) registered and approved by Company as a coach or trainer with GMTM as shown on their GMTM profile. Directors, officers, members, managers, and employees of Company and any of its respective parent companies, affiliate companies, subsidiaries, agents, professional advisors, advertising, promotional, public relations, and fulfillment agencies, consultants, legal counsel, website providers, web masters, and immediate family members (spouse, parent, child, sibling, grandparent, and “step” child, wherever they may live) of each are not eligible to receive the Rewards (defined below).
Program Period: Starts at 12:00:01 a.m. Eastern Time (ET) on September 1, 2022 and ends at 11:59:59 p.m. (ET) on September 30, 2022 (the “Program Period”).
How to Participate: To receive a Reward, complete the following steps:
- Agree to these Terms at https://gmtm.com/legal/terms-of-service and Company will provide you with a personalized, unique referral link (“Link”).
- Send your Link to individuals in your network who are potential New Athletes.
- The athlete that receives the Link must join GMTM using your Link.. Your friend must be a new sign-up with no preexisting GMTM account for you to receive a reward. We will determine in our discretion whether the friend is a New Athlete.
- Obtain ten (10) verified New Athletes that have completed Step 3 above.
- Comply with the “Representations and Warranties” below, including disclosure of your incentivized connection with us.
Referrals are subject to verification by us. We may ask you or the referred athlete to complete other reasonable requests during verification. You will not receive your Reward until verification is complete.
LIMIT: Only 5 Rewards (50 total athletes referred) per person during the Program Period. YOU MUST NOT (A) ENGAGE IN FRAUDULENT, UNFAIR, MISLEADING, OR DECEPTIVE BEHAVIORS OR SPAM TO OBTAIN REFERRALS OR REWARDS, (B) VIOLATE ANY GMTM TERMS, OR (C) VIOLATE ANY LAWS, RULES, REGULATIONS, OR THIRD-PARTY TERMS OR POLICIES TO OBTAIN REFERRALS OR REWARDS. SUCH BEHAVIORS MAY RESULT IN DISQUALIFICATION FROM THE PROGRAM.
Representations and Warranties: You represent and warrant that:
- You satisfy all of the eligibility requirements in the Terms, and that you will not send unsolicited bulk communications (e.g., via email or other referral mediums) and will comply with all applicable anti-spam laws.
- You will disclose your connection with us (e.g., “If you sign up and participate with GMTM, I will get a reward from GMTM”).
- You will not engage in any of the prohibited activities listed below. The following actions, each as determined by Company in its discretion, are strictly prohibited, and we may void your Reward, and terminate your participation if we believe you may have participated in these activities:
- Use multiple accounts, including with different email addresses, for the same person in order to generate additional Rewards;
- Enter into any agreement with any third-party that compensates the third-party for promoting the Program or your Link;
- Refer persons using spam, display or paid advertising, sponsored links, or links on message boards or forums;
- Refer persons using mass forms of communication (i.e., communications must be with single individuals);
- Use false names, impersonate other people, pretend that one person is two or more separate people, seek to refer yourself, or otherwise provide false or misleading information in connection with this Program;
- Violate these Terms in any way.
Rewards: By completing the steps described in “How to Participate” above, you will receive (1) an assortment of GMTM and/or third-party branded gear (types of gear and sizes at GMTM’s discretion) with a $50 retail value; and (2) a feature article to be published on the GMTM website and GMTM social media (collectively, the “Rewards”). ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY REWARD ARE YOUR SOLE RESPONSIBILITY. No substitutions, assignments, or transfers of any Rewards will be permitted.
General Terms and Conditions: For information about how we collect, use, share, and otherwise process information about you, please see GMTM’s privacy policy located at https://gmtm.com/legal/privacy. Company will not be responsible for any Internet, mobile device, computer, or communications-related failures or any events beyond the reasonable control of Company. Any provision of these Terms deemed unenforceable will be enforced to the maximum extent permissible, and the remainder of these Terms will remain in effect.
We reserve the right in our discretion at any time and without prior notice to you to add to, remove, or otherwise change these Terms, including, without limitation, by changing the Rewards, modifying how you may earn Rewards, modifying the duration and expiration of Rewards, changing the maximum number of Rewards that you may earn, and discontinuing the Program entirely. We will post an updated version of these terms on https://gmtm.com/articles/referral-offer-official-rules and the “Last Updated” date below indicates when these Terms were last changed. If we make future changes, we may provide you with notice of such changes, such as by sending an email, providing a notice through our website, or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of the Program after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must immediately stop participating in the Program, or you will be deemed to have accepted such changes by continuing to use the website or the Program after the date such changes are posted. We may also choose to send you an email or other notice of any such changes.
You agree not to engage in fraud, abuse, or illegal or unfair activity in your use of the Program. Any fraud, abuse, or illegal or unfair activity relating to your Rewards or distribution of Links or other non-compliance with these Terms, all as determined in our discretion, may result in the annulment of all Rewards earned under the Program, and we may terminate your ability to participate in the Program. We reserve the right to monitor all Program activity and terminate your participation in the Program if we believe (in our discretion) that you provided false or inaccurate information, or abused the Program or that your participation is unauthorized, fraudulent, or otherwise unlawful or in violation of these Terms or the terms and conditions of any other agreement you may have with Company. Company will have the final decision in any disputes over Rewards, and your participation in the Program.
These Terms do not create the relationship of employer and employee, a partnership, joint venture or other relationship between you and Company. The Program and these Terms will be governed, construed and interpreted under the laws of the State of Florida. The use of the terms “include” or “including” in these Terms is illustrative and not limiting.
To the fullest extent permitted by applicable law, Company and any of its respective parent companies, subsidiaries, affiliates, directors, officers, professional advisors, consultants, contractors, legal counsel, public relations firms, employees and advertising, fulfillment and marketing agencies (collectively, the “Released Parties”) will not be responsible for: (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or links; (b) phone, electronic, hardware, software, network, Internet, or other computer or communications-related malfunctions or failures beyond Company or the Released Parties’ reasonable control; and (c) any Program disruptions, injuries, losses or damages caused by events beyond the reasonable control of Company or the Released Parties by non-authorized human intervention. By participating in the Program, to the fullest extent permitted under applicable law, you release Company and all Released Parties from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Program and the Rewards given in connection with the Program (including claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.
Questions? Contact us at support@gmtm.com.Last Updated: September 1, 2022