The Scheffy Challenge April-July 2009 – OFFICIAL CONTEST RULES
NO PURCHASE REQUIRED TO ENTER OR WIN. VOID WHERE PROHIBITED.
INTRODUCTION. Filly Cronkin, Inc. (the “Sponsor”) with a website located at the URL: HYPERLINK "http://www.Scheffland.com/" www.Scheffland.com/ (the “Site”) invites you to enter The Scheffy Challenge (the "Contest"), located at which gives entrants the opportunity to win a recording of a customized original song (and get physically fit) as described below. The details of how to enter the Contest and the Prize (defined below) are contained in these “Official Contest Rules”. The Contest is an ongoing 90 day contest in which entrants are evaluated on their progress in achieving their wellness and fitness goals.
ENTRY PROTOCOL. One entry per person. Entrants may enter every 90 day contest period, but will not be eligible to be a Winner (defined below) more than once in any twelve (12) month period. The Contest must be entered for any particular 90 day contest period during the applicable “Submission Period” (defined below) for the 90 day contest period the entrant wishes to enter, on a 90 day contest period basis, by completing and submitting an entry. Each entry must include: (A) a current (not more than 48 hours old at time of submission) “before” photograph, taken along with that day’s newspaper so the date on such paper is readable; and, (B) an electronically completed Official Online Entry Form (collectively, the “Entry”) (Official Online Entry Form here). Sponsor reserves the right, in Sponsor’s sole and unfettered discretion, to disqualify at any time during the Contest any Entry based on the belief that any materials contained in such entry or in any Accountability Entries (defined below) which may infringe on the rights of, or are defamatory to, any third parties or contain any material that Sponsor in its sole discretion deems to be obscene, profane or offensive.
After submission of a valid Entry, each entrant must log into the Site and complete entries of accountability (each an “Accountability Entry” and collectively, the “Accountability Entries”) for each of a minimum twenty (20) days (i.e., a minimum of twenty (20) separate, daily entries) during the applicable Evaluation Period. Each Accountability entry must state details of all nutritional intake for that day, exercises, and any other information about the day that forwards the entrant’s personal wellness and/or fitness goals. The final Accountability Entry shall also include an “after” photograph, once again less than forty-eight (48) hours old at the time of submission and showing the entrant along with a copy of a newspaper from that day with the date on such paper readable in the photograph. Each entrant must also log into “WOWY”®, on HYPERLINK "http://teambeachbody.com" \o "http://teambeachbody.com/" teambeachbody.com, each of a minimum of twenty (20) days (i.e., a minimum of twenty (20) separate, daily entries) during the applicable Evaluation Period. The more quality information provided by entrants, the better able to evaluate Entries and Accountability Entries the community and judges will be. A complete Entry along with the necessary and properly completed Accountability Entries from an eligible entrant shall collectively be referred to herein as a “Qualifying Entry”.
Incomplete submissions may be disqualified without notice to the entrant. Sponsor is not responsible for lost, late, incomplete, garbled, illegible, or misdirected Entries or Accountability Entries, or for any error, human, technical or otherwise, which may occur in the processing of Entries or Accountability Entries.
Entrants retain ownership of submitted materials; provided, however, that entry constitutes permission to use the entrant’s name, likenesses and voice for all of Sponsor’s future publicity and advertising purposes without compensation and Sponsor shall have an irrevocable, perpetual, universe-wide, fully paid-up and royalty-free license to copy all submitted materials and to use, re-use, publish and re-publish such works in whole or in part, individually or in conjunction with other such works, in any and all media now known or hereafter devised and for any purpose whatsoever throughout the universe, and to use the name of each entrant in connection therewith if Sponsor so chooses in its sole discretion.
TIMING. The Contest is ongoing, on a 90 day contest period-to-90 day contest period basis. Each evaluation period begins at 12:00:01 a.m. local time in Nashville, Tennessee on the first day of each 90 day contest period and continues until the last day of such 90 day contest period (the “Evaluation Period”). Entries may be submitted beginning at 12:00:01 a.m. local time in Nashville, Tennessee on the first (1st) of the month prior to Evaluation period in question and must be received by Sponsor no later than 11:59:59 p.m. local time in Nashville, Tennessee on the fifteenth (15th) of such month (such fifteen (15) day window being referred to herein as the "Submission Period"). Entries received prior to or after the Submission Period are disqualified.
ELIGIBILITY REQUIREMENTS. This competition is open to all persons age eighteen (18) years and older who are citizens of the United States or Canada. Entrants should be current members of Team Beachbody (“TB) and have access to TB’s “WOWY”® website (TB membership is free, click here to learn how to join). Persons who are, as of the commencement of the Submission Period, employees or immediate family members (which shall include parents, siblings, grandparents, spouses, half siblings, children, grandchildren, and sons or daughters-in-law) of Sponsor or any other person connected with the administration or judging of the Contest or any of their respective parent companies, affiliates, subsidiaries, successors and assigns and the respective officers, directors, employees, agents, attorneys, contractors, partners, shareholders and members of each of the foregoing shall not be eligible to be named a Finalist or a Winner of the Contest. FINALIST SELECTION PROTOCOL. Eight (8) Entries will be selected as finalists (the “Finalists”) by a community vote of users of the Site from all complete Qualifying Entries actually received by Sponsor. Community voting will begin at 12:01 a.m. in Nashville, TN on the fifteenth day of the month following the applicable Evaluation Period and shall continue for a period of seventy-two (72) hours through 11:59 p.m. on the seventeenth day of such month. The top eight (8) vote recipients from the pool of Qualifying Entries shall be named as Finalists.
WINNER SELECTION PROTOCOL. Once a qualifying list of Finalists is determined in accordance herewith, an advisory board consisting members of the fitness, nutrition and/or medical community will be empanelled by Sponsor in Sponsor’s sole discretion, will review the Qualifying Entries of the Finalists and select a winner of the Contest (the “Winner”) on or about the twentieth day of the month following the applicable Evaluation Period. The advisory board will judge Qualifying Entries and entrants on dedication, success in achieving stated fitness and/or wellness goals, consistency of nutritional regimen and exercise program and overall improvement in health and well-being. Weight loss may be a factor in advisory board decisions, but is not in any way the sole consideration or measure the advisory panel takes under advisement. Sponsor’s decisions as to all matters related to administration of the Contest and selection of the Finalists and the Winner are final. All Finalists must comply with all terms and conditions set forth in these Official Contest Rules, and winning is contingent upon fulfilling all requirements set forth herein or otherwise required by Sponsor.
PRIZE. Each Winner will receive a recording of a customized song written or co-written, performed and produced by Jason Scheff and his music production team for the Winner (the “Prize”). Odds of winning depend on the number of eligible entries received during the entire Submission Period. Jason Scheff retains the entire copyright in and to the musical composition and the sound recording embodying such composition, but Winner may make personal (i.e., non-commercial) use of and perform the Prize in non-commercial settings.
The Prize is subject to the following material conditions and restrictions:
All federal, state and local taxes related to the Prize, if any, are the sole responsibility of the Winner. All other expenses and costs, not expressly listed above, including but not limited to applicable taxes, are the Winner’s sole responsibility. No transfer or assignment of the Prize is permitted. The cash value of the Prize is Zero Dollars.
Except where prohibited by law, each Finalist grants to Sponsor and its advertising agencies the right to use and publish such Finalist’s photo(s), video footage embodying the Finalist(s), each Finalist’s proper name, likeness, voice, opinions, biographical information and state in any media to promote Sponsor and the Contest without compensation.
Sponsor reserves the right to cancel or modify the Contest if fraud or any other factor impairs the integrity of the Contest as determined by Sponsor in its sole discretion.
If, in Sponsor's opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Contest, or if technical difficulties compromise the integrity of the Contest, Sponsor reserves the right in its sole discretion to void any entries at issue (including disqualifying any individual who tampers with the entry process), and to cancel, terminate, modify or suspend the Contest, in whole or in part, at any time without notice.
RIGHTS AND INDEMNIFICATION. By entering the Contest, all entrants release, hold harmless and indemnify Sponsor, their employees, agents, and affiliates against all first, second, and third party claims arising from any Entry or Accountability Entry which violates any of these Official Contest Rules or is the result of any breach of any warranty, representation, covenant or agreement in the Entry and from any and all liability for any injuries or damage of any kind arising from or in connection with the Contest. Sponsor reserves the right to disqualify any entry that does not meet the requirements herein outlined at any time.
USE OF DATA. Sponsor will be collecting personal data about entrants (including, without limitation, e-mail addresses) who enter the Contest. By participating in the Contest, entrants hereby agree to all personal information uses and disclaimers as explained in Sponsor’s Privacy Policy HYPERLINK "http://www.scheffland.com/privacy.html" http://www.scheffland.com/privacy.html.
AGREEMENT TO OFFICIAL RULES. Participation in the Contest constitutes entrant's full and unconditional agreement to and acceptance of these Official Contest Rules and Sponsor’s Privacy Policy HYPERLINK "http://www.sutasi.com/privacy.html" http://www.scheffland.com/privacy.html and to be contacted by telephone and/or email.
GENERAL CONDITIONS.
1. The Contest is governed by the laws of the United States and the State of California, and by entering the Contest entrants in the Contest consent to the jurisdiction and venue of California courts for any causes or controversies arising out of the Contest. All applicable federal, state and local laws and regulations apply except in the governance of the Contest, as set forth herein. Void where prohibited. If for any reason any provision or provisions herein are determined to be indefinite, invalid, contrary to any applicable existing or future laws or otherwise unenforceable, that shall not impair the operation or effect of any other portion of these Official Contest Rules or the Entry, and these Official Contest Rules and/or the Entry shall be deemed modified, but only to the extent necessary to make the provision or provisions in question enforceable.
2. Sponsor reserves the right to cancel or modify the Contest if fraud or any other factor impairs the integrity of the Contest as determined by Sponsor in Sponsor’s sole discretion. If, in Sponsor’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Contest, or if technical difficulties compromise the integrity of the Contest, Sponsor reserves the right in Sponsor’s sole discretion to disqualify any entrant(s) who tamper(s) with the voting process, and to cancel, terminate, modify or suspend the Contest, in whole or in part, at any time without notice.
3. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction of unauthorized access to, or alteration of, Entries or Accountability Entries. Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any vote received by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site, any combination thereof, or otherwise, including any injury or damage to entrant’s or any other person’s computer related to or resulting from participation or voting in or in connection with the Contest. Sponsor is not responsible for and shall not be liable for any printing, typographical or technological errors in any materials associated with the Contest administration and judging process.
4. By entering the Contest, each entrant agrees to release and discharge Sponsor and all of Sponsor’s licensees and assigns and all media and production companies affiliated with or associated with the Contest and their respective parents, subsidiaries, affiliates, licensees, successors or assigns and the respective directors, officers, employees, agents, contractors, partners, shareholders, representatives, attorneys and members of each of the foregoing entities, their respective heirs, executors, assigns and designees from any and all claims and demands arising out of or in connection with the use of any information or other materials submitted in connection with the Contest, in whole or in part, including, without limitation, any claims for copyright infringement, defamation or invasion or privacy.
5. Sponsor reserves the right to modify, amend, append and update these Official Contest Rules at any time during the Contest without notice to any entrant or other person. Any such modification, amendment or update shall be effective upon posting by Sponsor on this or any other website on which the Contest is hosted.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO DISQUALIFY SUCH PERSON FROM THE CONTEST AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
