OFFICIAL RULES OF THE 2011 MILITARY CHALLENGE CONTEST
1. Description of the Contest. The 2011 Military Challenge is a contest ("Contest") open to active and reserve U.S. military members ("Entrant(s)") based upon best body definition, physical attributes and ability to achieve goals. One (1) male and one (1) female Entrant will be selected from each of the following: Army, Navy, Air Force, Marine Corps and US Coast Guard ("Military Branches"). Each selected Entrant from each respective Military Branch will then compete for the Grand Prize and Title "Bodybuilding.com Military Spokesperson of the Year" with one (1) male and one (1) female selected by the judges to receive a Grand Prize if they comply with these rules. Entries may be submitted starting at 12:01 am EDT on July 15, 2011 and will close on 11:59 pm EDT on August 15, 2011. Judges will choose the winning entries from the eligible entries received and Entrants will be selected on or about November 21, 2011.
2. Sponsor. This Contest is sponsored by Bodybuilding.com, LLC located at 2026 S. Silverstone Way, Meridian, ID, 83642 and MusclePharm Corporation located at 3390 Peoria St #307, Aurora, CO, 80010 (collectively "Sponsor").
3. Binding Agreement. By submitting photographs, Entrants agree to be bound by 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 Entrants will be bound by these Rules and these Rules will form a legally binding agreement. Please read them carefully.
4. Eligibility. The Contest is open only to active and reserve U.S. military members of: the U.S. Army, U.S. Navy, U.S. Air Force, U.S. Marines and U.S. Coast Guard and their spouses who are 18 years or older as of August 15, 2011, and that have entered the Contest by 11:59 pm EDT August 15, 2011. Internet access is required to enter the Contest. Employees, contractors, members, and agents of Bodybuilding.com, Liberty Media Corporation, 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 who serve in one of the Military Branches participating in the Contest are not eligible to participate. Except as otherwise permitted herein, only one entry per person will be accepted. If an Entrant submits multiple entries, the earliest will be accepted and the others will be discarded. 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 by law.
5. Contest Period. The Contest enrollment period begins at 12:01 am EDT on July 15, 2011 and ends at 11:59 pm EDT on August 15, 2011 (the "Enrollment Period"). Entrant's challenge start date begins on date Entrant submits their entry ("Challenge Start Date") and ends exactly 12 weeks following Challenge Start Date ("Challenge Completion Date"). All final materials are due on the earlier of the Entrant's Challenge Completion Date or 11:59 pm EST November 6, 2011 (the "Contest Period"). To enroll, visit the website www.bodybuilding.com/military for the official online entry form. Entrant must currently be or register to be a BodySpace member. All registrations must be received by Sponsor by 11:59 pm EDT on August 15, 2011. All entries must be in English. Entrant 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, and all other information requested on the form. Failure to provide all information requested will result in disqualification. Contest communication(s) will be sent to the email address provided. It is Entrant's responsibility to notify Sponsor of a change of email address. Entrant must also submit the required photos (detailed below). Sponsor accepts no responsibility for lost, delayed, corrupted, or damaged entries. Entrant must complete the entry form themselves. All materials submitted become the property of Sponsor and will not be returned.
6. Photographs and Written Summary. In addition to providing all the information requested and complying with these rules, Entrants must submit three (3) 'before' photographs in JPEG format (.jpg) using the instructions provided and as follows: body front view, body back view, body side view (though not required, 3/4 body or full body pictures are best for showing Entrant's full transformation). Photographs must also depict the front page of the present-day local, national, or military newspaper with the date clearly showing. Entrants must be clothed in a bathing suit, shorts or similar work out attire. Entrant must also submit three (3) 'after' photographs with the same requirements on Challenge Completion Date along with a paragraph describing Entrant's training, supplement regimen, how Entrant achieved their goals, and why Entrant would be the best Military Spokesperson and motivate others. All photo submissions and final written summary must be submitted through Entrant's BodySpace account. November 6, 2011 is the final day of the Contest Period. Sponsor reserves the right to contact any Entrant who has entered the Contest to request resubmission of one or more of the before and after photographs (collectively the "Images") and/or to request that the Entrant 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. False, deceptive or incomplete entries shall render the entry ineligible.
7. Submission of Images. Submission of Images constitutes Entrant's consent to use the Images on Sponsor's websites and associated or affiliated websites. Entrant represents and warrants that they have all rights to the images and all materials submitted in connection with the Contest. By entering, Entrant conveys all right, title and interest in the entry and Images to Sponsor. Entrant will be solely responsible for any financial reimbursement to third parties who claim copyright in an Entrant's image. Sponsor will not be under any obligation to publish a photo credit to the original copyright holder for the publication of an Image. Entrant 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 Entrant's breach of any representation or warranty related to the Images or any other violation of these Rules. By participating in this Contest, Entrant agrees and hereby grants Sponsor permission to use, copy, modify and make available Images, to the public (with or without attribution to Entrant) for any purpose, such as, but not limited to, press and media communications, without further compensation to Entrant. Entrant also agrees to participate in any media or promotional activity regarding the Contest. Selected Contest winners agree that Sponsor may use their name, image, and likeness to administer and promote the Contest and to conduct media interviews and promotional events.
8. Conduct. By entering the Contest, Entrant agrees to comply with and be bound by these Rules. Failure to comply with these Rules may result in disqualification from the Contest in the Sponsor's sole discretion. Entrant further agrees 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 Entrant 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 Entrant 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 an Entrant 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.
9. Judging and Entry Selection: All entries will be judged by four (4) judges, to be chosen by Sponsor, in their sole discretion and will consist of employees of Bodybuilding.com. The First Place Entrants (one (1) male and one (1) female) for each of the Military Branches ("First Place Entrants") will be selected by the judges based upon the following criteria, in the judges' sole discretion: (a) best body definition and physical attributes at the Challenge Completion Date (50%), (b) Entrants written summary describing Entrant's training, supplement regimen, how Entrant achieved their Military Challenge goals and why Entrant would be the best Military Spokesperson and motivate others (50%). Entrants will be chosen on or about November 21, 2011, and will be notified by email or telephone. The chosen Entrants from each respective Military Branch will then compete against one another for the Grand Prize and Title "Bodybuilding.com Military Spokesperson of the Year" with the selection of one (1) male and one (1) female ("Grand Prize Entrants"). The Grand Prize Entrants will be selected by the judges based upon the following criteria, in the judges' sole discretion: (a) best body definition and physical attributes (50%), (b) Entrants written summary describing Entrant's training, supplement regimen, how Entrant achieved their Military Challenge goals, and why Entrant would be the best Military Spokesperson and motivate others (50%). The judges' decisions are final and binding in all respects relating to the Contest.
10. Prizes (Grand Prize, First Place, and Weekly). Grand Prize Entrants whose entries are confirmed as valid and who have complied with the Rules and all Sponsor requirements will each be named the Bodybuilding.com "Military Spokesperson of the Year" and members of Team Bodybuilding.com. Subject to compliance with these Rules, each Grand Prize Entrants will receive an $1,800 store credit to Bodybuilding.com (sent in 12 consecutive monthly payments of $150 each); a complete StayFit Package (including a MusclePharm Stack, gym gift bag, fat caliper, fat loss monitor with scale, shaker and gym towel); online features on Bodybuilding.com's website; online features on Sponsor's (and its affiliates and licensees) websites, the ability to participate on behalf of Sponsor in promotional appearances, and a professional photo shoot.
The First Place Entrants (other than those selected as Grand Prize Entrants) (one (1) male and one (1) female from each of the Military Branches) will receive a $350 Bodybuilding.com gift certificate and prize bag (net value approx $100).
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 $150. Recipient of weekly prizes will be selected by Bodybuilding.com and must be an active member of the Military Challenge BodyGroup at Bodybuilding.com's social site BodySpace. If Entrant is selected for a weekly prize, he/she is still eligible to be judged in the contest.
Entrants selected for prizes must make themselves available to travel at Sponsor's expense for promotional appearances, photo shoots, features in partner magazines, online features, and any other prize related travel. Sponsors will attempt to work with schedules of active duty personnel. Sponsor(s) will arrange for and pay for all travel for Entrants selected for prizes. 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.
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 Entrant's selected for prizes. Selected Entrants are responsible for all federal, state and local taxes. Selected Entrants who receive a prize 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. Sponsor reserves the right to substitute prizes of equal or greater value.
All selected Entrants 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 Prize Winner within seven (7) business days of attempted notification, such Entrant may be disqualified and such prize will be awarded to an alternate Entrant. Should the Entrant be unable or unwilling to fulfill the obligations outlined in the Rules, a substitute Entrant will be named.
11. Personal Information: Any personal information that Entrants submit 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. Entrant'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, 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.
12. General: By entering, Entrant 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 Entrant's names, likeness, the Images, personal information, and statements made by Entrant to Sponsor in all media worldwide (including the Internet) without additional compensation. Entrant 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. Entrants assume all liability for any injury or damage caused, or claimed to be caused, by participating in the Contest. By participating in the Contest, Entrant agrees to abide by and be bound by these Rules, and understands 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.
13. 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 Entrants' 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, suspend the Contest or change these Rules as needed to ensure fairness to all Entrants.
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 reserve the right to terminate, withdraw or amend the Contest for any reason.
14. Severability: 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.
15. 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. Entrant and Sponsor (i) accept, generally and unconditionally, the exclusive jurisdiction of such court and any related appellate court, and irrevocably agree to be bound by any judgment rendered thereby in connection with this Contest, and (ii) irrevocably waive 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.
16. Winner List: The names of the winners will be posted on the Sponsor's website within approximately two (2) months of the end of the Contest.