Bodybuilding.com “Fuel Your Goal” Contest
U.S. Residents Only
- ELIGIBILITY: The Bodybuilding.com “Fuel Your Goal” Contest (“Contest”) is open only to legal residents of the fifty (50) United States and the District of Columbia (excluding Puerto Rico, Samoa, Guam, the U.S. Virgin Islands and any other U.S. territories and protectorates, and individuals with an APO or FPO military address), who are eighteen (18) years of age, or the age of majority, whichever is older at time of entry (“Contestant”). Employees, contractors, members, and agents of Bodybuilding.com, LLC and 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 individuals are ineligible. In order to be eligible, Contestant must follow these Rules. Failure to comply with these Rules will result in ineligibility of Contestant. No purchase necessary. This Contest is void where prohibited or restricted by law.
- SPONSOR: This Contest is sponsored by Bodybuilding.com, LLC, located at 5777 N. Meeker Ave., Boise, Idaho 83703 (“Sponsor”). This Contest is not sponsored, endorsed or administered by or associated with Instagram, Twitter, or Facebook.
- ENROLLMENT PERIOD: The Contest Enrollment Period begins at 12:01 a.m. MT on January 4, 2016 and ends at 11:59 p.m. MDT on January 10, 2016 (the “Enrollment Period”).
- HOW TO ENTER: During the Enrollment Period, Contestant must upload a photograph or video illustrating their 2016 goal (“Submission”) through Instagram, Twitter or Facebook using the hashtags #fuelyourgoal and #belitefuel and tag @bodybuildingcom. Membership to Instagram, Twitter, and Facebook is free. All submissions must be publicly viewable to be judged for the Contest. Sponsor reserves the right to disqualify any Contestant in their sole discretion. False, deceptive, or incomplete entries shall render the Contestant ineligible.
- SUBMISSION REQUIREMENTS: By entering into this Contest, each Contestant represents and warrants that (i) Contestant’s Submission is original; (ii) that the Submission does not violate the rights of any third party or infringe or violate any law and, as of the date of the Submission, is not the subject of any actual or threatened litigation or claim; and (iii) the Submission does not and will not violate any applicable laws. Without limiting the foregoing, Submission shall not include third party trademarks, logos, insignia, location signage, photographs, artwork, or sculptures, except those of Sponsor. Note: Sponsor reserves the right, in its sole discretion, to disqualify any Submission in the Contest if Sponsor views the Submission as potentially infringing a third party’s rights or if it deems the Submission to be lacking in taste or quality, or to be otherwise objectionable. No substitutions of Submissions will be accepted under any circumstances. Submissions will not be returned or acknowledged. Proof of submission is not considered proof of delivery or receipt of such Submission to Sponsor. Sponsor shall not have liability for any entry that is lost, intercepted, or not received by Sponsor, for any reason. Any submission not in one of the accepted formats, as applicable, or not posted within the Enrollment Period will be disqualified.
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.
By submitting a photo or video, 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.
- JUDGING CRITERIA: All eligible Submissions will be judged by Sponsor, in its sole discretion, and whose decisions are final and binding in all matters relating to the Contest. Submissions will be judged based on the following criteria: (a) creativity and originality of the photo or video and (b) the best representation of the Bodybuilding.com brand (“Judging Criteria”).
- WINNER SELECTION: On or about January 25, 2016, two (2) winning Submissions (each a “Selected Winner” and collectively “Selected Winners”) will be selected by Sponsor from among all eligible Submissions using the Judging Criteria. Sponsor’s decisions will be final and binding in all matters related to this Contest. Winners 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.
- PRIZES: Each Prize consists of one (1) six-month supply of Bodybuilding.com B-Elite Fuel meals (the “Prize”). The Prize will be delivered to each Selected Winner in two (2) stacks of twelve (12) meals delivered two (2) times per month for six (6) months for a total of twenty-four (24) meals per month. The retail value of each Prize is approximately $1,198.00 USD. In the event the Prize is unavailable for any reason, Sponsor reserves the exclusive right to substitute any prize with another prize of equal or greater value. The value of the Prize set forth above represents Sponsor’s good faith determination of the approximate retail value thereof, and the actual fair market value, as ultimately determined by Sponsor, which is final and binding and cannot be challenged or appealed. In the event the stated approximate retail value of a Prize is more than the actual fair market value of that prize, the difference will not be awarded in cash or otherwise. Each Winner is solely responsible for the reporting and payment of any applicable federal, state, and/or local taxes on the prize.
- LANGUAGE: The official version of these Official Rules is the English language version. In the event of contradictions or discrepancies between different language versions of these Official Rules, the English language version takes precedent. Contestants must submit all materials and information in English. Sponsors are not responsible for translation of any submissions or information provided in another language. Failure to submit required information in English may result in disqualification.
- PERSONAL INFORMATION: Any personal information that Contestant submits in connection with the Contest will be collected and used by the Sponsor and their authorized agents to administer the Contest and to award Prizes. Contestant’s personal information may also be used to send additional information about Sponsor, affiliates, and licensees, and each of their respective products and programs via electronic and ordinary mail. 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.
- GENERAL DISCLAIMER AND RELEASE AND LIMITATION OF LIABILITY: By entering, Entrant agrees: (a) to release Sponsor, Instagram, Twitter, Facebook and their parents, subsidiaries, members, contractors, and 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 Contestant’s 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, 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 Official Rules are approximate.
NOTWITHSTANDING ANY OTHER PROVISION OF THESE OFFICIAL RULES 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 reserves the right to terminate, suspend, withdraw or amend the Contest for any reason.
- ADDITIONAL REQUIREMENTS: All Selected Winners 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.
- SEVERABILITY: The invalidity or unenforceability of any provision of these Official 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.
- 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 Giveaway 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 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.