#MustacheAndMuscles Social Contest Terms and Conditions

Official rules for the #MustacheAndMuscles Social Contest.

#MUSTACHEANDMUSCLES SOCIAL CONTEST

Official Rules

What Can I Win?

Three (3) Contestants each week, beginning November 2, 2015 and ending November 30, 2015, will receive a prize package including $100 USD In Store Credit credited to their BodySpace Account and a custom t-shirt (approximate retail value $30 USD) (“Prize Package”).

  1. ELIGIBILITY: The #mustacheandmuscles Social Contest (the “Contest”) is open to individuals who are 18 years of age and older or the age of majority in Contestant’s place of residence at the time of entry (“Contestant”). Membership and enrollment in Instagram, Twitter and/or Facebook are free. Contestant may not be a national or legal permanent resident of the province of Quebec (Canada) or the following countries: Burma, Cuba, Iran, North Korea, Sudan or Syria. Contestants may not be members of any guild, union or other organization that may prohibit them from participating in this Contest and that would restrict, require due payment or otherwise have the right to oppose such Contestant’s participation in this Contest. Employees, contractors, members, and agents of Bodybuilding.com, Liberty Media Corporation (and companies owned by Liberty Media Corporation), 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 individual are ineligible. In order to be eligible, Contestant must follow these Rules. Failure to comply with these Rules will result in ineligibility of Contestant. This Contest is void where prohibited or restricted by law.

  2. SPONSOR: This Contest is sponsored by Bodybuilding.com, LLC located at 5777 N. Meeker Ave, Boise, Idaho 83713 U.S.A. (“Sponsor”). This promotion is not sponsored, endorsed, or administered by or associated with Instagram, Twitter or Facebook.

  3. TO ENTER: The Contest will run from 12:01 am MT on November 2, 2015 and ends at 11:59 pm MT on November 30, 2015. To enter the Contest, Contestant post a photo showing their mustache (real or fake) and muscles via Instagram, Facebook or Twitter using the hashtag #mustacheandmuscles and tag @bodybuildingcom. All submissions must be publicly viewable to be judged for the Contest. Contestant may submit multiple entries. Sponsor reserves the right to disqualify any Contestant in their sole discretion. False, deceptive or incomplete entries shall render the Contestant ineligible.

  4. PHOTOS: By submitting a photo, Contestant assigns all right, title and interest to Sponsor and on their behalf or on behalf of the copyright holder (if different from Contestant). Sponsor is not obligated to publish a credit to the original copyright holder for the publication of the photo. 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 related to the photo or any other violation of these Rules.

  5. SUBMISSION REQUIREMENTS: During the month of November, upload a photo through Instagram, Twitter or Facebook of your mustache (real or fake) and muscles. The Contestant must include in the photo the hashtag #mustacheandmuscles. Submissions may not contain material which is (or promotes activities which are) in Sponsor’s sole discretion, hateful, slanderous, libelous, tortious, sexually explicit, obscene, pornographic, inappropriate, violent, discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal, offensive, threatening, profane, or harassing; or contain material that is threatening to any person, place, business or group.

    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 he or she has 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 any materials submitted in connection with the Contest to Sponsor. Sponsor will decide, in its sole discretion, whether or not to accept Contestant’s photographs or other materials. 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 action, including reasonable attorneys’ fees and expenses that may be incurred by Sponsor, arising out of or relating to Contestant’s Images or any violation of the Rules.

  6. WINNER SELECTION: On or about, November 9, 16, 23 and 30, 2015, three (3) Contestants, subject to eligibility requirements, will be selected to win the Prize Package as described below (the “Selected Contestants”).

    The Selected Contestants will be chosen by judges based on creativity and best representation of the brand. The judges will consist of Sponsor’s employees qualified to apply the judging criteria, in Sponsor’s sole discretion. All decisions of Sponsor are final. The Selected Contestant will be notified through Instagram, Twitter or Facebook using the username(s) associated with the Submission. Sponsor shall have no liability for any notification to Selected Winner that is lost, intercepted, delayed, or not received by the potential winner for any reason.

  7. PRIZES: Three (3) Contestants each week, beginning November 2, 2015 and ending November 30, 2015, will receive a prize package including $100 USD In Store Credit credited to their BodySpace Account and a custom t-shirt (approximate retail value $30 USD) (“Prize Package”).

    Sponsor shall notify Selected Winners each week on or about November 9, 16, 23 and 30 during the duration of the Contest. The total approximate retail value of all the prizes is $1,560 USD.

    No transfer, substitution, or cash equivalent for any prizes will be permitted, except at the sole discretion of the Sponsor 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 Sponsors’ obligation to the Selected Winners will be fulfilled, and no additional compensation will be provided. Sponsor reserves the right to substitute prizes of equal or greater value.

    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 Selected Contestants. The Selected Contestants 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.

  8. ADDITIONAL REQUIREMENTS: All Selected Contestants agree to sign any documentation requested by Sponsor, including, without limitation, an Affidavit of Eligibility/Release of Liability/Prize Acceptance Form when selected and upon presentation of said form(s) by Sponsor. If any document is returned to Sponsor as undeliverable or if Sponsor does not receive a response from any Selected Contestant within fourteen (14) business days of attempted notification, such Selected Contestant may be disqualified and the prize will be awarded to an alternate Selected Contestant. Selected Contestants will be required to participate in media coverage and/or events at Sponsor’s request. Should the Selected Contestant be unable or unwilling to fulfill the obligations outlined in the Rules, a substitute winner will be named.

  9. LANGUAGE: The official version of these Rules is the English language version. In the event of contradictions or discrepancies between different language versions of these Rules, the English language version takes precedent. Contestants must submit all materials and information in English. Sponsor is not responsible for translation of any submissions or information provided in another language. Failure to submit required information in English may result in disqualification.

  10. PERSONAL INFORMATION: Any personal information that Contestants and Selected Contestants submit in connection with the Contest will be collected and used by Sponsor and their authorized agents to administer the Contest and award the prizes. Contestant’s personal information may also be used to send additional information about Sponsor, their affiliates and licensees, in accordance with applicable law. Except as set forth herein, Contestant’s personal information will not be used for any other purpose and will not be shared with anyone else, unless required by law.

  11. RELEASE: In consideration of the acceptance of Selected Contestant’s entry in the Contest and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Contestant hereby takes action for themselves, their executors, administrators, agents, representatives, spouse, children, heirs, next of kin, successors, and assigns, and acknowledges and agrees as follows: (a) to be bound by the Rules; (b) that participation in the Contest is voluntary; (c) Contestant is not a minor; (d) Contestant is of sound mind and body and have not been advised otherwise by qualified medical person; (e) Contestant possesses all rights and faculties necessary to execute, deliver and perform this agreement; (f) certifies that Contestant meet all eligibility requirements as set forth in the Rules, which I have read, understand, and agree to; (g) certifies that all photographs Contestant submits for the Contest will depict only Contestant, will not be altered in any manner whatsoever, will be owned by Contestant and not require the consent of any other third party rights holder; (h) Contestant is fully aware and assumes 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 participation in the Contest.

    Further, 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.

  12. DISCLAIMER AND RELEASE OF LIABILITY: By entering, Contestant agrees: (a) to release Instagram, Twitter, Facebook, Sponsor and its agents from all liability, loss or damage arising out of or relating to the Contest, including with respect to the Contest, interpretation of these Rules, decisions by the judges, and Contestants’ 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 name(s), likeness, biographical information, social media username, the images, personal information, and statements made by Contestant to Sponsor, the Submission(s) in whole or in part in any and all media for any purpose, including without limitation advertising and promotional purposes, as well as in, or in connection with the Contest and/or other promotions conducted by Sponsor, and information on the entry form for advertising and promotional purposes in all media worldwide without additional compensation. Contestant irrevocably grants to Sponsor the right, in its sole discretion, to edit, composite, morph, scan, duplicate, alter, publish, modify, copyright, or otherwise use each Submission for any purpose which Sponsor deems necessary or desirable (including, without limitation, posting on its Site), and each Contestant irrevocably waives any and all rights Contestant may have therein. 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.

    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. Contestant agrees 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, suspend, withdraw or amend the Contest for any reason.

    The invalidity or unenforceability of any provision of these Rules shall not affect the validity and enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein.

  13. 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, U.S.A. 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.

  14. EU CONTESTANTS: For Contestants from Member States of the European Union, mandatory national law may apply in some cases.