"Why I Run" Contest

Terms and Conditions

The following are the rules for the ‘Why I Run’ contest (the “Contest”) hosted and conducted by Ultrahuman Healthcare Private Limited (“Ultrahuman”). The idea behind the Contest is to encourage subscription to the app and for participants to share pictures/videos of them running or showcasing their love for running on their Instagram account and tag username/handle ‘@ultrahuman_official’. Any personal information gathered pursuant to this Contest shall be subject to these Terms and Conditions and Ultrahuman’s privacy policy, available at https://ultrahuman.com/privacyPolicyBiosensor/ (“Privacy Policy”), which is incorporated herein by reference. This Contest shall be subject to the terms and conditions, comprising of the Principal Rules and the General Rules (the “Terms and Conditions”) as stated hereunder.


  1. Principal Rules
  1. The Contest will be conducted from 13th August, 2021 to 16th August, 2021 or such other date(s) as may be decided by Ultrahuman at its sole discretion and announced by Ultrahuman on its social media pages/handles and/or website (“Contest Period”).
  2. The Contest will run in the manner described hereinbelow:
  1. All the participants in the Contest must be citizens of India residing in India during the Contest Period and must be at least 18 (eighteen) years of age with a valid Instagram account as on the date of participating in the Contest (the “Participants”).
  2. Ultrahuman shall invite people to participate in the Contest by posting an invite on the Instagram account of Ultrahuman with username/handle ‘@ultrahumanhq’ along with the Contest rules.
  3. The Contest requires the Participant to (i) subscribe to the Ultrahuman App and join Amanda’s Marathon Training Program, (ii) visit Instagram and follow Ultrahuman Instagram handle i.e. @ultrahumanhq, (iii) post pictures/videos of the Participant running or showcasing their love for running though their personal Instagram handle as a visible post along with tagging Ultrahuman Instagram handle i.e. @ultrahumanhq and the Contest hashtag #WhyIRun (each an “ Entry”). To be eligible, the Participant must subscribe to the Ultrahuman App, join Amanda’s Marathon Training Program on the App, and include the hashtag ‘#WhyIRun’ and tag “@ultrahumanhq” in their Entry (“Eligibility Requirements”).
  4. The Entry must be uploaded to the Participant’s Instagram handle/page/profile on or before 23:59 hours on 16th of August, 2021 (“Closing Time”).
  5. Any Entry which does not adhere to the Eligibility Requirements shall not be considered valid and shall be deemed to be null and void without requirement of any intimation by Ultrahuman.
  6. If you already have an Ultrahuman subscription, you can still participate in the Contest by joining Amanda’s Marathon Training program on the Ultrahuman App and posting an Entry on Instagram using the hashtag #WhyIRun and tagging @ultrahuman_official.  
  7. From the total pool of valid Entries received for the Contest from Participants up to the Closing Time, total of 8 (eight) number of Participants with the best quality Entries shall be selected as the winners of the Contest (collectively, the “Winners”). The Winners shall be declared on 17th August, 2021.
  1. The Winners shall be selected on the basis of the quality of their Entries, skills demonstrated by them in their Entries, or such other criteria as Ultrahuman may consider appropriate at its sole discretion. The decision of Ultrahuman in selecting the Winners from amongst the Participants shall be final and binding upon all the Participants.
  2. Ultrahuman shall have the right to: (i) repost the Entry or part thereof on its own social media including Instagram account and (ii) incorporate the Entry or part thereof in fitness related content created by Ultrahuman as determined by Ultrahuman at its sole discretion. Winners shall be entitled to receive a prize, wherein the top three (3) Entries shall each receive Ultrahuman App’s lifetime subscription and an IPhone and the remaining winning Entries shall each receive the lifetime subscription of the Ultrahuman App respectively (collectively the, “Prize(s)”). Ultrahuman shall have the sole and absolute discretion to decide the specifications of the Prize(s), the final content thereof and duration of the announcement.
  3. Neither Ultrahuman nor any of its group companies shall be responsible or liable for any technical disruption, failure and/or any other technical/regulatory difficulties of such nature, due to which the announcement of Winners on any platform (website or social media) cannot be made.
  4. Ultrahuman reserves the right to forfeit the Prize(s) in the event Ultrahuman has a reason to believe that any information provided by any of the Winners is wrong, fraudulent or any misrepresentation is made by any of the Winners. Ultrahuman shall have the right to declare any of the other Participant(s) as the Winners of the Contest, at its discretion, and to provide the Prize to such other Participants. The Winners agree not to hold Ultrahuman and/or its group companies and/or their respective employees responsible for any failure or delay in awarding the Prize(s). Ultrahuman and/or any of its group companies shall not be held liable for any failure, inaccuracy, and/or any other defect or deficiency in the Contest. Neither Ultrahuman nor its group companies shall be liable for any delays or failures in any notifications or the Contest in general.
  5. The Winners agree that Prizes cannot be transferred, negotiated, refunded or exchanged, as applicable. It is clarified that no other gratification, cash equivalent of the Prize or alternative prizes will be awarded to any of the Winners and they cannot exchange the Prize for cash or a gift of similar value. The Contest or the Prizes cannot be combined with any other contest or activity.
  6. All Entries from the Participants must be received during the Contest Period indicated therein. Entries received before or after the Contest Period will not be considered for the Contest and shall be deemed null and void without requirement of any further intimation by Ultrahuman.
  7. Ultrahuman and/or its group companies shall not be responsible in the event that any of the Entries are not viewable by Ultrahuman or the Participant(s) is/are unable to participate in the Contest due to any network/connectivity problems, breakdown in machinery or any other technical error of any nature whatsoever. For the purposes of these Terms and Conditions, an Entry shall be considered “viewable” by Ultrahuman only after Ultrahuman has opted to view such an Entry and has successfully viewed such Entry of the Participant. Any automated confirmation/similar message does not constitute proof of actual viewing by Ultrahuman. By posting his/her Entry, the Participant(s) is representing that the Entry (or contents thereof) are not confidential or comprise any sensitive personal information.
  8. Ultrahuman reserves the right to change the entry system/mechanism and/or cease accepting Entries for the Contest during the Contest Period for any reason or take any other steps in relation to the Contest as it may deem fit in its sole and absolute discretion.
  9. Ultrahuman reserves the right to disqualify any Participant(s) from participating in the Contest without assigning any reason. Ultrahuman reserves the absolute right and discretion to reject any Entry(s) or any part thereof at any stage of the Contest, including after declaring the Winners, if Ultrahuman: (a) receives any notice or complaint relating to the Entry not being compliant with the Terms and Conditions; or (b) determines at its sole discretion that the Entry inter alia: (i) belongs to another person and in which the Participant does not have any rights; or (ii) is blasphemous, indecent, immoral, abusive, offensive, against the applicable laws or libelous and/or is contrary to any law in force; or (iii) is grossly harmful, harassing, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money-laundering or gambling, or otherwise unlawful in any manner whatever; or (iv) harms minors in any way; or (v) infringes any patent, trademark, copyright or other proprietary rights of third persons; or (vi) violates any law for the time being in force; or (vii) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; or (viii) impersonates another person; or (ix) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or (x) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation. The decision of Ultrahuman in this regard shall be final and binding upon the Participant(s).
  10. Ultrahuman reserves the right to select and declare the Winners of the Contest and such decision shall be final and binding on all the Participant(s). Ultrahuman shall select the winning Entries in accordance with applicable parameters, and the Winners shall be declared by Ultrahuman through such means as deemed fit by Ultrahuman.
  11. The Winners may be required by Ultrahuman to submit necessary supporting documentation to establish identity and compliance with these Terms and Conditions and any applicable laws within timelines specified by Ultrahuman to be eligible for any gratification. In the event any person fails to adhere to such instructions of Ultrahuman within the timelines indicated by Ultrahuman, then his/her participation in the Contest and/or selection as a Winner shall be invalidated. In such a case : (a) Ultrahuman and/or its group companies shall not be liable in any manner whatsoever; and (b) Ultrahuman may, at its sole discretion, by the prescribed selection criteria choose other Winner(s) instead.
  12. The Participants (including the Winners) agree and consent to the use of their Entry (s) and/or any part thereof by Ultrahuman or its affiliates as it may deem fit for the purpose of promotion of the Contest, Ultrahuman and/or its group companies and/or any programs/events on any platforms owned or operated by Ultrahuman or any of its group companies (the “Platforms”). In consideration for the participation in the Contest, the Participants (including the Winners) hereby irrevocably, exclusively, perpetually and for the entire universe assign all right, title and interest in their Entry(s) including any rights of Exploitation thereof, to Ultrahuman, during or pursuant to the Contest. “Exploitation/Exploit” shall mean the exploitation of the Entry(s) and/or any part thereof including along with its cognate forms and grammatical variations, and includes the exploitation, use, alteration, broadcast, rebroadcast, communication, encryption, transmission, translation adaptation, publication, cutting, editing, and packaging of the Intellectual Property vested in such Entry(s) or any part thereof, either in whole or in part, in any form/format or language, as well as the conversion of the Entry(s) and/or any part thereof from one form/format to another and in relation to the Entry(s) and/or any part thereof, for incorporation in a Cinematograph Film or Sound Recording, Communication to the Public, Broadcast, Performance in Public, adaptation, reprography, reproduction, distribution, sale, commercial rental, assignment, licensing, merchandising rights, remakes, sequels, prequels, versions, translations, dubbing and/or subtitling in any all languages/dialects in the world, converting the Entry(s) into a film for theatrical Exploitation, including but not limited to the broadcasting thereof by any form of radio, internet and any and all form of television including but not limited to terrestrial, satellite, direct to home, cable, IPTV, any form of video on demand (including but not limited to Pay-per-View, AVOD, NVOD, SVOD, PVOD, FVOD) made available for being seen or heard or delivered or Exploited through wire or wireless including but not limited to internet, websites including but not limited to social networking websites, blogs, internet or mobile streaming or download services (whether free, pay or subscription based) computing and networking devices, mobile /telecommunication system based platforms, mobile TV, theatrical or non-theatrical or any other means whether now known or existing or in commercial use or hereinafter invented or developed in the future in and to the Intellectual Property and all elements thereof. The capitalized terms ‘Broadcast’, ‘Communication to the Public’, ‘Cinematograph Film’, ‘Performance /Perform in Public’, ‘Sound Recording’, ‘Visual Recording’ shall have the same meanings as defined in the Indian Copyright Act, 1957 as amended from time to time and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world. To the extent that the assignment of all rights, title and interest in the Entry(s) and/or any part thereof, if any, subsisting in favour of the Participants/Winners, in relation to future medium or mode of exploitation of the Entry(s) and/or any part thereof is not held valid by operation of law, the Participants/Winners hereby grant an irrevocable, exclusive, sub-licensable, perpetual right to Ultrahuman and its affiliates for such future medium or mode of exploitation of their Entry(s) and/or any part thereof as may be developed in the future, for the entire world. Notwithstanding the above, the Participants (including the Winners) hereby agree that the Participants/Winners shall not assign or in any other manner transfer their Entry(s), including any part thereof, for such means and modes of Exploitation of their Entry(s) and/or any part thereof, which are not mentioned herein and are not presently known or in commercial use and therefore by operation of law are not deemed to have been assigned to Ultrahuman without offering for assignment such modes or means of Exploitation of the Entry(s) and/or any part thereof for the entire world and in perpetuity to Ultrahuman. The Participants/Winners agree and acknowledge that any form of assignment or transfer of any rights, title and interest in any such future modes and mean of Exploitation of their Entry(s) and/or any part thereof to any third party in breach of such obligation herein, anywhere in the world, shall be null and void. Further, Ultrahuman may Exploit Entry(s) and/or any part thereof at any time it chooses, and it is expressly agreed by the parties that Section 19(4) of the Indian Copyright Act, 1957 does not apply to the Terms & Conditions. The Participants (including the Winners) agree to waive off their “Moral Rights” with respect to their Entry(s) and/or any part thereof as required. The Participants (including the Winners) shall do all acts and execute all documents in such manner and at such location as may be required by Ultrahuman in its sole and absolute discretion to protect, perfect or enforce any of the rights granted or confirmed to Ultrahuman herein.
  13. The Participants/Winners who create and submit Entry(s) understand, acknowledge and agree that they are doing so at their own risk. The Participants/Winners are advised to exercise all due caution in the creation and submission of their respective Entry(s). All Participants/Winners agree and accept that any physical or bodily injuries and/or death and/or loss or damage to person or property, if suffered by Participants/Winners in the course of creation and/or submission of their Entry(s), shall be the sole and absolute responsibility of the concerned Participants/Winners and Ultrahuman (and its affiliates, directors, officers and employees) shall not be responsible or liable for the same in any manner whatsoever.
  14. It is agreed that at all times the Winners shall be solely responsible for any non-compliance with or breach of any applicable laws and regulations in connection with their participation in this Contest. It is clarified for the avoidance of doubt that Ultrahuman shall not be responsible in any manner whatsoever for the above and shall have no liability whatsoever (whether in law or equity or otherwise) in respect of the above.
  15. The Participants agree and acknowledge that their participation in the Contest does not authorize them to directly or indirectly claim any association with Ultrahuman or the jury panel.


  1. GENERAL RULES:
  1. The Participant(s) must be a citizen of India residing within the territorial limits of India during the entire duration of the Contest. The Participant(s) should not have any criminal conviction or an arrangement or a contract that prevents the Participant(s) from participating in the Contest. Proof of age, nationality and address, email ids, if requested by Ultrahuman from the Participant (s) /Winner(s), must be submitted to Ultrahuman as may be required by Ultrahuman to confirm the eligibility of the Participant(s) / Winner(s).
  2. Participants shall provide such information as may be required by Ultrahuman from time to time. Any incomplete submission will be considered invalid for the purpose of the Contest. Ultrahuman also reserves the right to disqualify a Participant in case a discrepancy is found to exist in the information furnished/provided/stated by the Participant to Ultrahuman at any point in time during the duration of the Contest or thereafter.
  3. Ultrahuman reserves all rights to make amendments to the existing Terms and Conditions or withdraw, vary, amend or terminate the Contest, without giving prior notice or reason. It shall be the sole responsibility of the Participants to check the rules and regulations of the Contest available on the Contest microsite at https://ultrahuman-amandacerny.webflow.io/. Non-conformance by the Participants to any the Terms and Conditions will make such Participant’s Entry null and void.
  4. The Participants (including the Winners) acknowledge that in case the conduct of the Contest or enjoyment of the Prize cannot be fulfilled due to any reason, including reasons beyond the control of Ultrahuman such as regulatory action/direction, war, industrial action, flood, epidemic, pandemic, drought or any act of God, then Ultrahuman shall not have any liability in this connection.
  5. Ultrahuman and/or its group companies are in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any physical injury, ailment, death, mental and/or emotional trauma caused to any of the Participants (including the Winners) in any manner whatsoever, in connection to the Contest.
  6. The Participants (including the Winners) shall hold harmless and indemnify Ultrahuman, its affiliates, its group companies, their employees, officers, directors and/or any other person from and against any suits, actions, proceedings, causes of action, litigation, injury, damage, harm, loss, liability, award, costs or expenses that may arise in connection with any act of the Participants/Winners and/or their Entry(s) including any third party intellectual property rights claims with respect to the Entry(s) posted by the Participants to Ultrahuman.
  7. The Participants (including the Winners) shall not in any circumstances make any claims against Ultrahuman or its group companies, arising out of or relating to any and all costs, injuries, losses or damages of any kind, including without limitation due to any technical faults (directly or indirectly) affecting the participation or leading to non-participation in the Contest or any related activity by any such Participant(s) or Winner(s). If any Participant and/or Winner is found to be ineligible, or if he or she has not complied with these Terms and Conditions, their corresponding Entry will be disqualified. Ultrahuman shall not be liable for any direct, indirect, consequential, special, exemplary or punitive damages or losses in connection with this Contest.
  8. Employees of and/ or consultants of Ultrahuman and/or persons hired on contract by Ultrahuman, sponsors, and the members of their immediate family, are ineligible to participate in the Contest. This contest is not sponsored by Instagram and Apple Inc.
  9. By participating in the Contest, it shall be construed that the Participants (including the Winners) have waived their right to raise any dispute with regard to the Contest and/or the Prizes, in any manner whatsoever, and have understood and accepted these Terms and Conditions and the Privacy Policy incorporated herein by reference and have unconditionally accepted and agreed to comply with and abide by the Terms and Conditions. In the event of any fault, misunderstanding or dispute concerning any part of the Contest (including the Prizes), the decision of Ultrahuman shall be final. Each Participant hereby acknowledges and agrees that the relationship between the Participants and Ultrahuman and its group companies is not a confidential, fiduciary, or any other special relationship.
  10. The Participant(s) (including the Winners) of the Contest agree that if so required by Ultrahuman, he/she shall make himself/herself available from time to time and co-operate with Ultrahuman and participate in any activity and/or campaign ("Promotional Activity"), if applicable, of any nature and on any platform whatsoever without any money payable to the Participants. Further, the Participants (including the Winners) shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever and shall not do any act either directly or indirectly during such Promotional Activity which may bring Ultrahuman or any of its group companies into public disrepute or denigrate any of the preceding or offend any community or public morals. In all public appearances, the Participant(s) (including the Winners) shall use her/his judgment in general demeanor and choice of language to create an atmosphere which would be conducive to the services and/or promotion of the Platforms. The Participant(s) (including the Winners) agree that the footage/ picture/ photographs of the Participant(s), if applicable, used during the course of the Contest or for the purpose of the Contest shall vest with Ultrahuman, including but not limited to all intellectual property rights and any other rights for worldwide and in perpetuity and Ultrahuman may exploit the same in any manner and on any media whatsoever at any time throughout the world whether by itself or through its group companies. The Participants (including the Winners) agree and consent to the use of any text and/or information and/or any photograph and/or image and/or audio-visual recording and/or other components of his or her Entry(s) on any digital platform/social media handles, as Ultrahuman may deem fit, for the purpose of promotion of the Contest and/or the Platforms.
  11. The Participant’s participation in the Contest shall be considered to be acceptance of the Terms and Conditions as set forth herein.
  12. In the event of any fault, misunderstanding or dispute concerning any part of the Contest, and/or the operation of the internet system, or the validity of the procedure or mechanism including announcement of Winners, the decision of Ultrahuman shall be final and binding on all Participant(s) and other persons. Ultrahuman is empowered to take a decision on any case or instances not covered by the present Terms and Conditions.
  13. Ultrahuman has the right at any time to terminate the Contest without any prior intimation or notice to the public and Ultrahuman is not obligated in any manner whatsoever to compensate any person or persons who have participated in the Contest.
  14. If any court or other competent authority holds any provision (or any part of such provision) of these Terms and Conditions to be void or unenforceable, the other provisions of these Terms and Conditions and the remainder of the affected provisions shall continue to be valid.
  15. These Terms and Conditions shall be construed and governed in accordance with the laws of India and exclusive jurisdiction over all matters arising out of or in relation hereto shall vest with the courts of Bengaluru, India.
  16. Any dispute or claim arising out of or in relation to the Contest or these Terms and Conditions shall be resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time, by a sole arbitrator nominated at the sole discretion of Ultrahuman. The seat and venue of arbitration shall be New Delhi. The language of arbitration shall be English. The award of the arbitral tribunal shall be final and binding on the parties.

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CONSENT FOR PROCURING PERSONAL INFORMATION

In connection with participating in the ‘Why I Run’ contest organized by Ultrahuman Healthcare Private Limited (“Company”), you hereby provide your consent for collection, storage, use, transfer and retention of your personal information and sensitive personal data or information as defined under the Information Technology Act, 2000 and the rules and regulations promulgated thereunder including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 as may be amended from time to time (collectively, “Personal Information”), which Personal Information is subject to: the Company’s privacy policy available https://ultrahuman.com/privacyPolicyBiosensor/  (“Privacy Policy”), which you have read and understood. Additionally, you agree to, and understand the terms and conditions set out below:

  1. Your Personal Information (including but not limited to your name, your username, location/city, email ID, phone number and address, your image, the contents of your Entry) is being collected by the Company pursuant to these Terms and Conditions, in connection with the Contest being organized by the Company called ‘Why I Run’ (“Contest”). You hereby also agree that it is necessary for the Company to collect the Personal Information in connection with your participation in the Contest and for the uses set out below.
  2. Your Personal Information will be collected, retained and used by the Company for the Contest, for promotional/gratification purposes around the Contest, and for subsequent activations, promotions and future marketing campaigns/re-marketing in respect of the Contest. Your Personal Information may also be used for the purposes of contacting you (in case you happen to be one of the Winners).
  3. Your Personal Information may be used in various formats and media, including television, digital, social media, print for marketing and promotional activities in respect of the Contest.
  4. Your Personal Information may be shared by the Company with its affiliates, vendors and service providers for the purposes of data processing and analysis for the Contest.
  5. The Company has informed you of your rights to: (i) review your Personal Information for deficiencies and inaccuracies, and request the Company to amend the Personal Information, to the extent deemed feasible by the Company; and (ii) withdraw the consent provided hereunder. Provided that the Company shall not be liable for any collection, storage, use, transfer or disclosure of Personal Information prior to such withdrawal of consent or request for amendment of Personal Information. Additionally, upon any such withdrawal of consent or request to review and amend your Personal Information, the Company shall be entitled to disqualify your Entry and/or participation in the Contest, as deemed fit and necessary by the Company at its sole discretion.
  6. All your Personal Information is true, correct and complete in all respects and in no circumstances, will the Company be liable for either the authenticity of the Personal Information or any inaccuracies or deficiencies in your Personal Information.
  7. The Company has provided you with the option to opt out of providing your Personal Information.
  8. You hereby agree to abide by the Terms and Conditions of the Contest available on the Contest microsite at https://amanda.ultrahuman.com.

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