$100,000 TRANSFORMATION CHALLENGE
SPONSORED BY OPTIMUM
TERMS & CONDITIONS
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE OR IMPROVE YOUR CHANCE OF WINNING. ODDS OF WINNING DEPEND UPON THE NUMBER OF ELIGIBLE ENTRIES RECEIVED.
INTERNET ACCESS REQUIRED
RULES OF THE CONTEST
- Eligibility: The $100,000 Bodybuilding.com Transformation Challenge (the "Contest") is open only to legal residents of the United States, 18 years of age and older at the time of entry and members of the U.S. military who reside at APO/FPO addresses outside of the U.S. Employees, contractors, members, and agents of Bodybuilding.com LLC, Liberty Media Corporation, Optimum Nutrition and members of their immediate family (including spouses, parents, siblings, children and their respective spouses) and persons living in the same household with any such individuals are ineligible. Void where prohibited or restricted by law.
- Sponsors: This Contest is sponsored by Bodybuilding.com, located at 2026 S. Silverstone Way, Meridian, ID, 83642 and Optimum Nutrition located at 700 N. Commerce Street, Aurora, IL 60504 (collectively "Sponsor.")
- To Enter: The Contest enrollment period begins at 12:01 am EST on December 12, 2011 and ends at 11:59 pm EST on January 31, 2012 (the "Enrollment Period"). Contestant's transformation start date begins on date of Contestant's enrollment ("Transformation Start Date") and ends exactly 12 weeks following Transformation Start Date ("Transformation Completion Date"). All final materials must be received on Contestant's Transformation Completion Date or on or before 11:59 pm EST on May 1, 2012 (the "Contest Period"). To enroll, visit the website: http://www.bodybuilding.com/fun/100k-challenge-landing.html for the official online entry form. Contestant must currently be or register to be a BodySpace member. Bodyspace registration is free. Contestant must complete all information requested, including but not limited to your legal name, full address (including apartment number), city, state, zip code/postal code, daytime, home and/or cell telephone numbers, e-mail address, date of birth, and all other information requested including submission of the required photos and goals. Any communication regarding the contest will be sent to the email address on file. It is Contestant's responsibility to notify Sponsor at transform@bodybuilding.com of a change of email address. All materials submitted become the property of Sponsor and will not be returned. Contestant must complete the entry form themselves. Only one entry per person/Contestant will be accepted; all subsequent entries will be disregarded. False, deceptive or incomplete entries provided by Contestant shall render the entry ineligible.
- How to Submit Photos: To enter, Contestant must submit three (3) 'before' photographs in "JPG" (.jpg) format using the instructions provided and depicting: body front view, body back view, body side view (though not required, 3/4 body or full body pictures are best for showing Contestant's full transformation), all submissions must include the present day's newspaper with the date clearly showing. Contestants must be clothed in a bathing suit or similar clothing. Entrant must also submit three (3) 'after' photographs with the same requirements on Transformation Completion Date along with a paragraph describing Contestant's training, supplement regimen and how Contestant achieved results. Sponsor reserves the right to contact any Contestant who has entered the Contest to request resubmission of one or more of the 'before' and/or 'after' photographs (collectively the "Images") and/or to request that the Contestant submit additional Images. Any entries submitted by anyone other than the person appearing in the Images and entries submitted by modeling agencies will be rejected. No enhanced or altered Images will be accepted.
Submission of Images and entry in the Contest constitutes Contestant's consent to use the Images on Sponsor's websites and associated or affiliated websites in perpetuity without compensation. Contestant represents and warrants that they have all rights to the Images and all materials submitted in connection with the Contest. Contestant grants a perpetual, royalty free, non exclusive license of the Images and anything submitted in connection with the Contest to Sponsor. Sponsor will then decide, in its discretion whether to accept Contestant's photographs. Sponsor will not be responsible for any financial reimbursement to the original copyright holder for the right to publish the Images as provided herein. Sponsor will not be held under any obligation to publish a photo credit to the original copyright holder for the publication of an Image. Contestant agrees to hold Sponsor harmless, defend, and indemnify Sponsor from any and all liabilities, loss, claims, or causes of actions, including reasonable attorneys' fees and expenses that may be incurred by Sponsor, arising out of or relating to this Contest, the Images or any violation of these Rules
- Winner Selection: One (1) male winner and one (1) female winner ("Grand Prize Winners") will be selected by judges applying the following criteria in their sole discretion: (a) physical improvement made to Contestant's body from "before" and "after" Images and information submitted; and (b) Contestant's ability to achieve their transformation goals (based on goal description submitted by Contestant at the beginning of the Contest). Ten (10) Runners-Up (the "Runners-Up") will be selected by judges applying the following criteria in their sole discretion: (a) improvement made from "before" and "after" Images and information submitted; and (b) Contestant's ability to achieve their transformation goals (based on goal description submitted by Contestant at the beginning of the Contest. Grand Prize Winners and Runner-Ups will be chosen on or about May 20, 2012, and will be notified by email or telephone. The judges will consist of employees of Sponsor qualified to apply the judging criteria.
- Prize: Subject to full compliance with these Rules, Grand Prize Winners will receive: $25,000 in cash; a $1,200 gift certificate to Bodybuilding.com (sent in 12 consecutive monthly payments of $100 each to be used for Optimum Nutrition products only); a complete StayFit Package (including a gym gift bag, fat caliper, fat loss monitor with scale, shaker, and gym towel); a one (1) year gym membership (to Grand Prize Winner's gym of choice with a maximum gym payment of $40 a month); an original Bodybuilding.com "2012 Transformation Challenge Winner" t-shirt; online features on Bodybuilding.com's website; a day with an Optimum Nutrition fitness celebrity; a photo shoot; and an all expense paid promotional appearance at the Bodybuilding.com Fitness Expo in Boise, ID on or about June 9, 2012. Sponsor will arrange all travel on behalf of Grand Prize Winners.
Ten (10) Runners-Up will receive $2,500 cash; a $350 gift certificate to Bodybuilding.com (valid for Optimum Nutrition products only), a StayFit Package (including a gym gift bag, fat caliper, fat loss monitor with scale, shaker, and gym towel); and a one (1) year gym membership (to Runners-Up gym of choice with a maximum gym payment of $40 a month). Runners-Up must make themselves available to travel at Sponsor's expense for promotional purposes. Sponsor will arrange all travel on behalf of Runners-Up.
Twelve (12) Weekly Prizes:
Subject to compliance with these Rules, one eligible Entrant will be drawn at random weekly and receive a prize for each week during the Contest Period. Each weekly prize will have an estimated retail value of $250. Recipients for weekly prizes will be selected by Bodybuilding.com and must be an active member of the Transformation Challenge BodyGroup at Bodybuilding.com's social site BodySpace.
The prizes do not include taxes, obtaining a passport, insurance, personal expenses, gratuities, incidental charges or any other items not specifically described in these Rules and all expenses for any of the foregoing are the sole responsibility of the Selected Entrants. All Selected Entrants are responsible for reporting and paying all federal, state and local taxes. Sponsor reserves the right to transfer, substitute prizes or provide a cash equivalent for any prizes. Sponsor may substitute prizes of equal or greater value.
As a condition to receiving a prize, all Selected Entrants must sign any documentation requested by Sponsor, including, without limitation an Affidavit of Eligibility / Release of Liability / Prize Acceptance Form, show proof of residency and valid identification immediately upon being chosen. If any document is returned to Sponsor as undeliverable or if Sponsor does not receive a response from any Selected Entrant within seven (7) business days of attempted notification, or the Selected Entrant declines the prize or fails to meet Sponsor requirements, such Selected Entrant may be disqualified and the prize will either be forfeited or awarded to an alternate Entrant.
- General: By entering, Contestant agrees: (a) to release the Sponsor and its agents from all liability, loss or damage arising out of or relating to the Contest, including with respect to the Contest, their acceptance and use/misuse of the prize; (b) to be bound by these Rules; and (c) that Sponsor, its affiliates and licensees may use Contestant's names, likeness, the Images, personal information, and statements made by Contestant to Sponsor, information on the entry form, for advertising and promotional purposes in all media worldwide without additional compensation. Contestant irrevocably grants to Sponsor the right to edit, modify and/or publish and copyright the Images. Sponsor does not make any warranty, representation or guarantee, express or implied, in fact or in law, relative to the use of any prize, including, without limitation, quality, merchantability and fitness for a particular purpose.
- Personal Information: Any personal information that the Contestant submits in connection with the Contest will be collected and used by the Sponsor and its authorized agents to administer the Contest and to award prizes. Contestants' personal information may also be used to send additional information about Sponsor, Sponsor's affiliates and licensees, and each of their respective products and programs via electronic and ordinary mail. Except as set forth herein, a Contestant's personal information will not be used for any other purpose and will not be shared with anyone else unless required by law.
- Disclaimer and Release of Liability: Sponsor is not responsible for any incorrect or inaccurate entry information, human error, technical malfunction, failures, omission, interruption, deletion, or defect of any telephone network, computer online systems, computer equipment, servers, access providers, or software, including any injury or damage to Contestant's or any other persons', computer relating to or resulting from participation in this Contest; inability to access the entry website or any pages thereof; theft, tampering, destruction, or unauthorized access to, or alteration of entries; entry submissions that are processed late or incorrectly or are incomplete, garbled, or lost due to computer or electronic malfunction or traffic congestion on the Internet or any website. Proof of entering information at website is not considered proof of delivery or receipt. All dates set forth in these Rules are approximate.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT TO THE CONTRARY, SPONSOR SHALL NOT BE LIABLE TO CONTESTANT OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOST PROFITS), EVEN IF SPONSOR HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. Sponsor reserves the right to terminate, withdraw or amend the Contest for any reason.
Sponsor reserves the right at its sole discretion to disqualify any individual who tampers with the entry process. Sponsor assumes no responsibility for undeliverable emails resulting from any form of active or passive email filtering by a user's internet service provider and/or email client or for insufficient space in user's email account to receive email. Sponsor reserves the right, in its sole discretion, to cancel or suspend this contest should causes beyond the control of Sponsor corrupt the administration, security or proper operation of the contest. Sponsor reserves the right to modify the contest or disqualify entrants if fraud, misconduct or technical failures destroy the integrity of the contest, as determined by Sponsor, in its sole discretion.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT TO THE CONTRARY, SPONSOR SHALL NOT BE LIABLE TO ENTRANT OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOST PROFITS), EVEN IF SPONSOR HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. Sponsor reserves the right to terminate, suspend, withdraw or amend the Contest for any reason.
- Governing Law; Jurisdiction. This Contest will be governed by and construed in accordance with the laws of the State of Idaho without regard to conflict of law principles. Any controversy arising under, in connection with or in any way relating to this Contest shall be adjudicated before a state or federal court of competent jurisdiction located in Boise, Ada County, Idaho. Contestant and Sponsor (i) accept, generally and unconditionally, the exclusive jurisdiction of such court and any related appellate court, and irrevocably agrees to be bound by any judgment rendered thereby in connection with this Contest, and (ii) irrevocably waives any objection it may now or hereafter have as to the venue of any such suit, action or proceeding brought in such a court or that such court is an inconvenient forum.
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