Official Rules Of The 2010 Military Challenge Contest
1. Description of the Contest:
The 2010 Military Challenge Contest is a contest ("Contest") open to active, verteran and reserve military members ("Contestant," defined below) based upon best body definition and physical attributes and ability to achieve goals. One (1) Male First Place Prize will be selected and One (1) Female First Place Prize will be selected for each of the following military branches: The Army, The Navy, The Air Force, and The Marine Corps ("Military Branches"). One (1) Best Overall Unit winner will be selected for each of the Military Branches. The winner(s) of each respective military branch will then compete for the Grand Prize and Title "Bodybuilding.com Military Spokesperson of the Year" with One (1) Male winner; One (1) Female winner; and One (1) Best Overall Unit. Entries may be submitted after 12:01 EST on June 17, 2010 and will close on 11:59 pm EST on August 16, 2010. Judges will choose the winning entries and prizes will be awarded on or about October 25, 2010.
This Contest is sponsored by Bodybuilding.com, located at 2026 S. Silverstone Way, Meridian, ID, 83642 and MusclePharm located at 3390 Peoria St #307, Aurora, CO, 80010 (collectively "Sponsor.")
3. Binding Agreement:
In order to enter the Contest, you must agree to these Official Rules ("Rules"). The Rules consist of the terms and conditions on this page and the entry form, located at www.bodybuilding.com/military ("Entry Form"). Because you will be bound by these Rules and these Rules will form a legally binding agreement with respect to this Contest, please read them carefully. Contestant agrees that registration for this Contest and/or a submission of an entry in the Contest constitutes Contestant's agreement to these Rules.
The ("Contest") is open only to active, veteran and reserve military members of the U.S. Army, U.S. Navy, U.S. Air Force and U.S. Marines and their spouses who are 18 years or older as of August 16, 2010, to legal residents of the United States that have entered the Contest by 11:59 pm EST August 16, 2010. Internet access is required to register for the Contest. Employees, contractors, and agents of Bodybuilding.com, Liberty Media, MusclePharm 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 not eligible to participate. No talent required. Except as otherwise permitted herein, only one entry per person will be accepted (except when participating in individual competition AND best unit competition). In order to be eligible, Contestant must follow these Rules. Failure to comply with these Rules will result in ineligibility of Contestant. Void where prohibited or restricted.
5. Contest Period:
Entries may be submitted after 12:01 EST on June 16, 2010 and will close on 11:59 pm EST on August 16, 2010. The Contest ends on October 10, 2010.
To enter, completely and accurately fill out the Entry Form, located at www.bodybuilding.com/military and must be received by Sponsor by 11:59 pm EST on August 16, 1010. All entries must be in English. You must complete all information requested, including but not limited to your legal name, full address (including apartment number), city, state/providence, Zip Code/postal code, daytime, home and/or cell telephone numbers, e-mail address at which you can be reached, date of birth, Branch of Military, Unit Name (if participating in Best Unit category) and all other information requested on the form. Any Contest communication will be sent to the email address on file. It is Contestant's responsibility to notify Sponsor of a change of email address. You must also submit the required photos (detailed below). Sponsor accepts no responsibility for submissions lost, delayed, corrupt, or damaged. Contestant must complete the entry form themselves. All materials submitted become the property of Sponsor and will not be returned.
To qualify for the Contest, Contestant will also be required to submit 3 photographs ("Images"), along with the Entry Form on or before 11:50 pm EST on August 16, 2010, in JPEG format using the instructions provided at www.bodybuilding.com/military. Images must only include Contestant. Contestant also must submit 3 Images with the same requirements and a paragraph describing their training and supplement regimen and how they achieved their goals no later than October 10, 2010. Once all required information is received, all Images will be posted online. Sponsor reserves the right to contact any Contestant who has entered the Contest to request resubmission of the Images, to request additional images, or any other information that it deems necessary. Any entries submitted by anyone other than the person appearing in the Images will be rejected. No enhanced or altered photographs or photographs will be accepted. False, deceptive or incomplete entries provided by Contestant shall render the entry ineligible.
8. Use Of Images, Entry Form Information, And Other Contest Submissions:
By submitting the Images and entering in the Contest, you consent to use of the Images by Sponsor, including, without limitation on Sponsor's website and associated or otherwise affiliated websites. 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. If the Images are anything other than personal snapshots or if they include any copyright notice, Contestant will be required to demonstrate to Sponsor's that the copyright holder(s) has granted you the right to allow Sponsor to reproduce and publish the photographs, which Sponsor will decide, in its sole discretion, based upon its review of the information that you provide. Contestant is responsible for any financial reimbursement to the original copyright holder for the rights to publish the Images as provided herein; Sponsor will not be responsible for any such payment, and 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 Contestant's breach of any representation or warranty, or any other violation of these Rules. By participating in this Contest, you agree and hereby grant Sponsor permission to use, copy, modify and make available your Images, Entry Form information, and any other Contest submissions to the public (with or without attribution to you) for any purpose, such as, but not limited to, press and media communications, without further compensation to you. You also agree to participate in any media or promotional activity regarding the Contest. If you are a winner, you agree that Sponsor may use your name, image, and likeness to administer and promote the Contest and to conduct media interviews and promotional events.
By entering the Contest, you agree to comply with and be bound by these Rules. Failure to comply with these Rules may result in disqualification from the Contest. You further agree to comply with and be bound by the decisions of the judges, which are final and binding in all respects. Sponsor reserves the right in its sole discretion to disqualify any Contestant it finds to be: (1) tampering or attempting to tamper with the entry process or the operation of the Contest; (2) violating the Rules; or (3) acting in an unsportsmanlike or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person. Any false information provided within the context of the Contest by any Contestant concerning identity, personal information, false or altered photographs, postal address, ownership of Images or other rights related to the Rules may result in the immediate elimination of a Contestant from the Contest. Sponsor further reserves the right to disqualify any entry that it believes in its sole and unfettered discretion infringes upon any law or otherwise does not comply with these Rules. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY PROPERTY OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
10. Judging And Selection Of Winners:
All entries will be judged by four (4) qualified judges, to be chosen by Sponsor, in their sole discretion and will consist of employees of BodyBuilding.com. The winners of the First Place Prize for both of the One (1) Male and One (1) Female for each of the Military Branches will be selected by the judges based upon the following criteria, in the judge's sole discretion: (a) best body definition and physical attributes (50%), (b) ability to achieve goals (based on description submitted by Contestant at the end of the Contest, including, without limitation Contestant will achieve their goals and how the Contestant will motivate others) (50%). Winners will be chosen on or about October 25, 2010, and will be notified by email or telephone. The One (1) First Place Best Overall Unit Prize (minimum of 5 Contestants) winner for each of the Military Branches will be selected by the judges, based upon the following criteria, in the judge's sole discretion: (a) best body definition and physical attributes of the group (50%) and (b) best description of how Unit worked together to achieve their goals (based on description submitted by group in at the end of the Contest). The winner(s) of each respective military branch will then compete for the Grand Prize and Title "Bodybuilding.com Military Spokesperson of the Year" with One (1) Male winner; One (1) Female winner; and One (1) Best Overall Unit. The winner of the Grand Prize will be selected from one of the Four (4) First Place winners of each branch. The same criteria used in identifying the First Place winner will be used by the judges in identifying the Grand Prize winner. The judges' decisions are final and binding in all respects relating to the Contest.
The First Place Prizes (one Male and One Female for each of the Military Branches) will receive a Bodybuilding.com, MusclePharm and MuscleMag/Oxygen Magazine Prize Bag (net value approximately $250). The First Place Best Overall Unit Prize for each of the Military Branches will receive a Bodybuilding.com, MusclePharm and MuscleMag/Oxygen Magazine prize package for the winning Unit (net value approximately $500).
The Grand Prize Male and Female Winners will each be named the Bodybuilding.com "Military Spokesperson of the Year" they will be featured online on Sponsor's (and its affiliates and licensees) websites, they will be able to participate on behalf of Sponsor in promotional appearances, they will also receive a photo shoot with Sponsor, and be featured in MuscleMag magazine (net value approximately $500).The Grand Prize for Best Unit will receive an on-base visit in the continental United States (where authorized by law, regulation, policy, military branch, or military base) by Sponsor, which will include an autograph and photo session with spokespeople of Sponsor's choosing, prize giveaways, Q&A's, and workout and nutritional seminars (net value approximately $500). Winners must make themselves available to travel at Sponsor's expense for promotional appearances, photo shoots, features in the MuscleMag magazine, online features, and any other prize related travel. Failure to be available for travel will result in a disqualification and a new winner will be selected. Sponsor(s) will arrange for and pay for all travel for Winners. All travel arrangements shall be made by Sponsor, in its sole discretion, but will include coach airfare, reasonable hotel accommodations, and ground transportation in the destination city.
There will be Forty (40) Honorable Mention winners Per Male, Female and Unit. Prizes for Honorable Mention will consist of a "2010 Military Challenge Honorable Mention" T-shirt and "2010 Military Challenge" Shaker Cup (net value approximately $40). The prizes do not include taxes, 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 prize winner(s). 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 transfer, substitution or cash equivalent for any prizes will be permitted, except at the sole discretion of the Sponsor due to the 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 Sponsor's obligation to the winners will be fulfilled, and no other additional compensation will be provided. Sponsor reserves the right to substitute prizes of equal or greater value.
All Winners agree to sign any documentation requested by Sponsor, including, without limitation an Affidavit of Eligibility / Release of Liability / Prize Acceptance Form immediately upon being chosen. If any document is returned to Sponsor as undeliverable or if Sponsor 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. Should the winner be unable or unwilling to fulfill the obligations outlined in the Rules, a substitute winner will be named.
12. Personal Information:
Any personal information that the winner or 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. Contestant's 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.
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 their acceptance and use/misuse of the prizes; (b) to be bound by these Rules; (c) that the decision of the Sponsor is final and binding on all matters relating to the Contest; and (d) 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 (including the internet) without additional compensation Contestant irrevocably grants the right to edit or modify and to publish and copyright the foregoing. No responsibilities are accepted for any additional expenses, omissions, delays, re routing or acts of any government or authority. Noncompliance with these Rules shall result in disqualification and award of prizes to an alternate winner. Winners assume all liability for any injury or damage caused, or claimed to be caused, by participating in the Contest. By participating in the Contest, entrants agree to abide by and be bound by these Rules, and understand that the Contest results are final in all respects. Entrant is responsible for all online charges incurred by entrant's internet service provider. 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.
14. 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. Sponsor reserves the right to extend any deadlines.
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 reserve the right to terminate, withdraw or amend the Contest for any reason.
If any provision(s) of these Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
16. 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.
17. Winner List:
The names of the winners will be posted on the Sponsor's website within two (2) months of the end of the Contest.