2012 Bodybuilding.com FIT USA Competition - Terms & Conditions

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2012 Bodybuilding.com FIT USA Competition
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  1. COMPETITION: MusclePharm presents the 2012 "FIT USA Competition," open to all males and females over the age of 18, residing in the United States (excludes Puerto Rico and US territories and protectorates), who possess a valid US driver's license or other form of identification, are citizens of the US and who think they have what it takes to be selected to represent Bodybuilding.com as the ultimate FIT USA physique.

  2. PROMOTERS: Bodybuilding.com, LLC (the "Promoter").

  3. SPONSORS: MusclePharm (the "Sponsor").

  4. ELIGIBILITY: The Competition is open to all males and females over the age of 18 residing in the United States (excludes Puerto Rico and US territories and protectorates), who possess a valid US driver's license or other form of identification, are citizens of the US years old residing in the United States excluding Puerto Rico as of the date of their entry ("Entrant"). All Entrants must complete an Entry Form on the Bodybuilding.com website ("Website") and include the Required Photographs ("Entry").

    Employees of Promoters, Sponsor, their parent companies, subsidiaries, or any family member or person domiciled with any of the foregoing, are not eligible to participate. All federal, state, and local laws and regulations of the United States apply. Void where prohibited or restricted by law. Entrants agree to be bound by these Official Rules. Failure to comply with these Official Rules will result in ineligibility of Entrant.

  5. JUDGING CRITERIA: The top twenty (20) finalists (ten (10) men and ten (10) women) will be selected by an internal judging panel at comprised of employees of Promoter based on photos and responses submitted by each qualified Entrant (the "Finalists"). The internal judging panel will be looking for those who display balance and shape, overall muscle tone, stage presence and a marketable 'fitness model' look. The Finalists will then go on to compete live on stage June 9, 2012 at 7:00 p.m. MDT at the The Egyptian Theater Boise, Idaho where they will be judged by a celebrity panel. The judges will look for those who display balance and shape, overall muscle tone, stage presence, and a marketable 'fitness model' look ("Judging Criteria").

  6. PRIZES: One (1) male Entrant and one (1) female Entrant will be selected based on the Judging Criteria from the twenty (20) Finalists to: (a) participate in a future all expense paid photo shoot for RatedM (Men's Underwear and Bodywear by Mario Lopez) for their website www.RatedM.com, (b) participate in a Bodybuilding.com photo shoot, (c) appear in a future spread in a top health and fitness Magazine, (d) receive a year supply of MusclePharm supplements (cash value $1,000) and (c) receive $500 cash. One (1) male 2nd place Entrant and one (1) female 2nd place Entrant will be selected based on the Judging Criteria from the twenty (20) Finalists to receive $500 in MusclePharm supplements. One (1) male 3rd place Entrant and one (1) female 3rd place Entrant will be selected based on the Judging Criteria from the twenty (20) Finalists to receive $300 in MusclePharm Supplements. All twenty (20) finalists will receive a custom Bodybuilding.com Gym Bag.

  7. HOW TO ENTER: To enter, follow the links at Bodybuilding.com to the official entry form, after agreeing to abide by the rules and regulations posted here. Only one entry per person will be accepted; all subsequent entries will be disregarded. No altered photographs, photographs taken prior to April 1, 2012, or photographs containing more than one person will be eligible.

    Any photographs that, in the sole discretion of the Promoters, are considered to be pornographic, vulgar or obscene, or appear to have been digitally altered, will be rejected. Additionally, all photos must conform to the BodySpace Photo Guidelines. Any photos deemed not acceptable for BodySpace will be removed without further notification.

    False, deceptive or incomplete entries, or other misleading information provided by Entrants throughout the Competition (including but not limited to responses to questionnaires) shall render the entry ineligible. The Entrant may submit their Entry Form and Photographs using the above procedures any time during the period 12:00 a.m. MST on April 1, 2012 until April 30, 2012, 11:59 PM MST ("Entry Period") for the preliminary round; late and/or incomplete entries shall be ineligible. Date of entry during the Entry Period will not affect chances of winning the Competition.

  8. HOW TO SUBMIT PHOTOS: All photos must be in JPEG format (and with a file extension of ".jpg"). Please be sure to retain the original photographs, as Finalists may be required to submit the required Photographs in greater resolution. The Promoters reserve the right to contact a person who has entered the Competition ("Entrant") to request resubmission of one or more of the required Photographs, and/or to request that the Entrant submit additional photos, if in Promoter's sole discretion there are problems with the Entrant's initial submission of such required Photographs, or if there are other questions or problems with such entry.

    While Entrants may have assistance in entering data and uploading the photos, each Entrant must otherwise complete the entry form him/her self. Any entries submitted by anyone other than the person appearing in the required Photographs (including but not limited to entries submitted by modeling agencies) will be rejected. As set forth in greater detail below, submission of photographs and entry in the Competition constitutes consent to use the required Photographs on the Website, and/or associated or otherwise-affiliated websites.

  9. PHOTO REQUIREMENTS: Entrants must provide at least three (3) photos taken with a current newspaper (full body front, full body back and headshot) to be entered into the contest. A newspaper is used to ensure photos are indeed current. The photos must have been taken within the time frame of April 1, 2012 up and until April 30, 2012. Any images that include nudity will be rejected. Since this is a BodySpace contest, all submitted photos must be in accordance with the BodySpace Photo Guidelines. The Entrant must own the copyright to the photos, or the Entrant will be required to have the copyright owner (a professional photographer, for example) complete a Copyright Release. Promoter can tell Entrant how to get a Copyright Release if needed (Entrant must contact Promoter). Also, the copyright owner will not receive any sort of byline, photographer recognition or payment from the Promoters or Sponsor.

  10. SELECTION: Preliminary Judging: Commencing on or about May 1, 2012, and concluding on May 3, 2012, 11:59:59 PM Pacific Standard Time. At the conclusion of the Judging Period, the Promoters shall determine, at their sole discretion, the ten (10) male Entrants and ten (10) female Entrants qualifying to be finalists in the final competition. The judges will be looking for those who display balance and shape, overall muscle tone, stage presence, and a marketable 'fitness model' look.

    In the event that any Entrant is determined to be ineligible or withdraws from the Competition after the conclusion of the voting round, they will be disqualified and the Promoters shall have the right, but not the obligation, to substitute the Entrant that received the next highest amount of votes during the voting round to replace such person. Potential Finalists will be contacted via e-mail or telephone.

    Potential Finalists must respond to such contact within forty-eight (48) hours (or such longer period as shall be determined at sole discretion of the Promoter), confirming that they will be able to attend The Bodybuilding.com FIT USA Competition at The Egyptian Theater on June 9, 2012 in Boise, Idaho and be available for pre and post shooting from June 8 - 10, 2012. Any Potential Finalist who does not respond, or who is unable to attend the Competition, will be disqualified, and another Potential Finalist may be chosen.

    Potential Finalists may also be required to return additional documentation, affidavits, or releases as may be required by the Promoters, and if such documentation is not received by the designated date or if the documentation submitted is deemed to be, in the Promoter's sole determination, incomplete, erroneous or misleading, such Potential Finalist will be ineligible to participate in the remainder of the Competition.

    Finalists may be required to re-submit the required Photographs in a different format, including but not limited to a high-resolution JPEG file or photographic print, or, at the sole discretion of the Promoter, may be required to submit additional photographs. Any Finalist who is unable to submit photographs that, at the sole discretion of the Promoter, are suitable for publication on the Website shall be disqualified.

    Failure to comply with these requirements, or inability to contact the Potential Finalists at the e-mail address and/or telephone number provided for more than forty-eight (48) hours occurring during May 5 - 7, 2012, will result in ineligibility of Finalist. The finalists will be announced publicly on May 9, 2012.

    Finals Round: Commencing on or about June 9, 2012, at the end of the Final Round of the Competition being held at The Egyptian Theater, exact time of which to be specified by the Promoters ("Final Round Period").

    The two (2) 1st place Winners, two (2) 2nd place winners and two (2) 3rd place winners (three women, three men) ("Winners") will be determined during the live, on-stage contest at the 2011 BFE FIT USA Competition. The final judges' vote tallying will occur just prior to awarding the winners on stage. Judges' decisions are final.

    In the event that a Winner is determined to be ineligible or withdraws from the Competition, the Promoters reserve the right to select another Winner. Taxes, insurance, personal expenses, gratuities, incidental charges, or any other items not specifically described in these Official Rules are the sole responsibility of the Winners.

    No transfer, substitution, or cash equivalent for any prizes will be permitted, except at the sole discretion of the Promoter due to unavailability of prizes for any reason, including but not limited to cancellation, scheduling conflicts, or force majeure. Any remaining components of the prize will be awarded and the Promoter's obligation to the winners will be fulfilled, and no additional compensation will be provided. Promoter reserves the right to substitute prizes of equal or greater value.

  11. GENERAL: The Competition is governed by the laws of the State of Idaho. By entering, Entrants/Winners agree:

    (a) to release the Promoters and Sponsor and their agents from all liability, loss, or damage arising out of or relating to the participation of Entrants/Winners in the Competition, including with respect to their acceptance and use/misuse of the prizes;

    (b) to be bound by these Official Rules;

    (c) that the decision of the Promoters/Sponsor is final and binding on all matters relating to the Competition; and

    (d) to the use of their names, personal information and likenesses for advertising and promotional purposes in all media worldwide (including the Internet) without additional compensation, except where otherwise prohibited by law.

    All applicable federal, state and local laws and regulations apply. Winners are responsible for all federal, state and local taxes. All Winners will be issued an IRS 1099 tax form for the actual value of their prize. No responsibilities are accepted for any additional expenses, omissions, delays, re-routing or acts of any government or authority. All winners must submit an Affidavit of Eligibility / Release of Liability / Prize Acceptance Form immediately upon being chosen. If any prize or affidavit or release is returned to Promoters as undeliverable or if Promoter does not receive a response from any Winner within seven (7) business days of attempted notification, such Winner may be disqualified and such prize will be awarded to an Alternate Winner. Noncompliance with these Official Rules shall result in disqualification and award of prizes to an Alternate Winner.

    By accepting prizes, Winners consent that Promoter may use the Winner's name, image (including but not limited to photographs, videos and other likenesses), biographical information and statements concerning the Competition, without compensation in connection with advertising, promotion and merchandising, and Winners irrevocably grant the right to edit or modify and to publish and copyright the foregoing.

    By accepting prizes, Winners agree to hold Promoters, Sponsor, and their managers, employees, agents, licensees, successors, and assigns harmless from and against any and all claims and liability arising out of any and all prizes. Promoters and Sponsor do 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.

    By participating in the Competition, Entrants agree to hold Promoters, Sponsor, and their managers, employees, agents, licensees, successors, and assigns harmless from and against any and all claims and liability arising out of such participation. Winners assume all liability for any injury or damage caused, or claimed to be caused, by participating in the Competition. By participating in the Competition, Entrants agree to abide by and be bound by these Official Rules, and understand that the Competition results are final in all respects. Entrant is responsible for all online charges incurred by Entrant's Internet Service Provider ("ISP").

  12. PERSONAL INFORMATION: Any personal information that the Winner or Entrant submit in connection with the Competition will be collected and used by the Promoters and their authorized agents to administer the Competition and to award prizes. Entrant's personal information may also be used to send additional information about Promoters, Sponsor, their affiliates and licensees, and each of their respective products and programs via electronic and ordinary mail. Except as set forth herein, an Entrant's personal information will not be used for any other purpose and will not be shared with anyone else unless required by law.

  13. RELEASE OF LIABILITY & ACCIDENTAL WAIVER: In consideration of the acceptance of Entrant's application and the permission to participate in 2012 FIT USA Competition presented by MusclePharm, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Entrant hereby take action for his/her self, his/her executors, administrators, agents, representatives, spouse, children, heirs, next of kin, successors, and assigns, and acknowledge and agree as follows:

    I am voluntarily participating in the Competition. I am not a minor. I am of sound mind and body, have sufficiently trained for participation in the competition and have not been advised otherwise by qualified medical person. I possess all rights and faculties necessary to execute, deliver and perform this agreement. I certify that I meet all eligibility requirements as set forth in the Official Rules, which I have read, understand, and agree to.

    I certify that all Photographs and video footage/tapes I submit for the competition will depict only me, will not be altered in any manner whatsoever, will be owned by me and not require the consent of any other third party rights holder. I am fully aware and assume the risk of illness, accidents, injury, death, personal injury, bodily harm, emotional stress, psychological harm, property damage and all dangers potentially arising from or in connection with my involvement or participation in the competition ("Hazards").

    I hereby consent to receive medical treatment, which may be deemed advisable in the event of injury, accident, and/or illness during the Competition. I hereby irrevocably grant the Released Parties, the perpetual, worldwide, royalty-free, sublicenseable, transferable right, license and privilege to:

    (i) photograph, film and otherwise make audio and visual records of me and my voice, image and appearance at the Competition ("Recordings"),

    (ii) quote or paraphrase all of a portion of any statements that I may make before, during or after the Competition ("Statements"),

    (iii) publish, display and otherwise use my name, image, likeness, voice and biographical data ("Image"); and

    (iv) publish, exhibit, distribute, transmit, advertise, promote, commercially exploit and otherwise use any of the Recordings, Statements and/or Image in any and all media, now known or hereafter devised.

    I hereby irrevocably waive, release, discharge and hold MusclePharm, Bodybuilding.com, The Egyptian Theater and their affiliates, directors, officers, employees, volunteers, representatives, agents, licensees, sponsors, successors, and assigns ("Released Parties") harmless from and against any and all losses, liabilities, claims, costs, damages, demands and expenses (including but not limited to attorney fees) arising from or in connection with any and all Hazards, whether occurring on or off the premises where the Competition takes place and whether caused by the active or passive negligence of the Released Parties or otherwise, and all uses of the Recordings, Statements, and/or Image, including but not limited to any claims based on the right of privacy, the right of publicity, copyright, trademark, or any other right or privilege.

    I acknowledge that this Release of Liability and Accident Waiver shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. I understand that nothing contained herein shall be deemed to obligate the Released Parties to photograph or otherwise reproduce my voice, appearance or name, or to make use of any of the rights granted herein.

    I represent and warrant that I have carefully read this Agreement, understand its contents including an assumption of the risk of the negligence of the Released Parties and a waiver and release of the liability of the Released Parties. Furthermore, I acknowledge and agree that the Released Parties are relying on this Agreement in allowing me to participate in the Competition and that this agreement constitutes my sole and entire understanding of the subject matter hereof and supersedes all prior agreements, promises, proposals, representations, understandings and negotiations, whether written or oral, among the Released Parties and myself with respect to such subject matter.

    No amendment, supplement or modification to this Agreement shall be binding unless made in writing and signed by the parties hereto. If any provision in this Agreement is found to be invalid, unlawful or unenforceable to any extent, such provision shall be excluded from this Agreement, the remainder of which shall continue to be valid, lawful and enforceable in all other respects to the fullest extent permitted by law. This Agreement shall 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 this Agreement shall be adjudicated before a state or federal court of competent jurisdiction located in Boise, Ada County, Idaho. By the execution and delivery of this Agreement, each party: (i) accepts, generally and unconditionally, to the exclusive jurisdiction of such court and any related appellate court; 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.

    I represent and warrant that, I nor my executors, administrators, agents, representatives, spouse, children, heirs, next of kin, successors, and assigns shall make or institute any lawsuit or claim any liability, in law or in equity, against any of the Released Parties with respect to any of the Hazards or my participation in the Competition.

    By entering this contest, Entrant accepts these terms and conditions in their entirety.