2013 Bodybuilding.com FIT USA Fitness Model Competition Terms And Conditions

2013 Bodybuilding.com FIT USA Fitness Model Competition

2013 Bodybuilding.com FIT USA Fitness Model Competition Powered by MusclePharm


Official Rules

  1. COMPETITION:MusclePharm presents the 2013 "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 at time of entry 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, 18 years old, and residing in the United States 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 Promoter, 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 a judging panel comprised of Promoter's employees. Judging is based on photos and responses submitted by each qualified Entrant (the "Finalists"). The judging panel will be looking for individuals who display balance and shape, overall muscle tone, stage presence and a marketable 'fitness model' look, as determined by the panel. The Finalists will compete live on stage June 8, 2012 at 12:30 p.m. MDT at the Boise Fit Expo at Century Link Arena, where they will be judged by a celebrity panel convened by the Promoter. The judges will look for individuals 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 trip to Canada for a photo shoot with the publishers of Oxygen & REPS magazine, (b) appear in a future spread in a top health and fitness Magazine,(c) participate in a Bodybuilding.com photo shoot, (d) receive a one-year supply of MusclePharm supplements (cash value $1,000) and (c) $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 these Official Rules. Only one entry per person will be accepted. If entrant submits more than one entry, the first entry will be accepted and all subsequent entries will be discarded. No altered photographs, photographs taken prior to April 5, 2013, or photographs containing more than one person will be eligible.

    Any photographs that, in the sole discretion of the Promoter, 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 during the period 12:00 a.m. MST April 5, 2013 through May 3, 2013, 11:59 PM MST ("Entry Period") for the preliminary round; late and/or incomplete entries are ineligible. Date of entry during the Entry Period does not affect chances of winning the Competition.


  8. HOW TO SUBMIT PHOTOS: To enter, Contestant must submit three (3) current photographs in "JPG" (.jpg) format using the instructions provided and depicting: front body view, back body view, body side view, all submissions must include the present day's newspaper with the date clearly showing. 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 April 5, 2013 through May 3, 2013. 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 will assist Entrant with a Copyright Release, if needed, but Entrant must contact Promoter for assistance. Copyright owner will not receive a byline, photographer recognition or payment from the Promoter or Sponsor.


  10. SELECTION: Preliminary Judging: Commencing on or about May 6, 2012, and concluding on May 7, 2013, 11:59:59 PM Pacific Standard Time. At the conclusion of the Judging Period, the Promoter 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 Promoter shall have the right, but not the obligation, to substitute the Entrant that received the next highest number of votes during the voting round to replace disqualified Entrant. Potential Finalists will be contacted via e-mail or telephone.

    Potential Finalists must respond to such contact within forty-eight (48) hours (or a longer period, as determined at Promoter's sole discretion), confirming that they will be able to attend The Bodybuilding.com FIT USA Competition at The Bodybuilding.com Fit Expo on June 8, 2013 in Boise, Idaho and be available for pre and post shooting from June 7 - 9, 2013. Any Potential Finalist who does not respond, or who is unable to attend the Competition, will be disqualified, and another Potential Finalist may be selected.

    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 7-9, 2013, will result in ineligibility of Finalist. Finalists will be announced publicly on May 10, 2013.

    Finals Round: Commencing on or about June 8, 2013, at the end of the Final Round of the Competition being held at The Bodybuilding.com Fit Expo, exact time to be specified by the Promoter ("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 2013 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 Winner's sole responsibility.

    No transfer, substitution, or cash equivalent for any prizes will be permitted, except at Promoter's sole discretion, and may be made 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:
    1. to release the Promoter 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;
    2. to be bound by these Official Rules;
    3. that the decisions of the Promoter/Sponsor are final and binding on all matters relating to the Competition; and
    4. 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. Winners may be issued an IRS 1099 tax form for the actual value of their prize. Promoter and Sponsor accept no responsibility 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 potential award of prizes to an alternate Winner.

    By accepting prizes, Winners consent to and acknowledge 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. Winners irrevocably grant the right to edit or modify and to publish and copyright the foregoing.

    By accepting a prize, Winners agree to hold Promoter, 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. Promoter 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 Promoter, 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 submits in connection with the Competition will be collected and used by the Promoter 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 Promoter, 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 2013 FIT USA Competition presented by MusclePharm, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Entrant hereby takes 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 personnel. I possess all rights and faculties necessary to execute, deliver and perform as agreed under these Official Rules. 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, sublicense able, transferable right, license and privilege to:
    1. photograph, film and otherwise make audio and visual records of me and my voice, image and appearance at the Competition ("Recordings"),
    2. quote or paraphrase all of a portion of any statements that I may make before, during or after the Competition ("Statements"),
    3. publish, display and otherwise use my name, image, likeness, voice and biographical data ("Image"); and
    4. 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, Century Link Arena 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's 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 these Official Rules, understand their content, 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 my agreement to be bound by these Official Rules in allowing me to participate in the Competition and that these Official Rules constitutes my sole and entire understanding of the subject matter hereof and supersede any and 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.

    Any controversy arising under these Official Rules shall be adjudicated before a state or federal court of competent jurisdiction located in Boise, Ada County, Idaho. 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.