FIT BODY BOOT CAMP NEW YEAR NEW YOU CHALLENGE
Official Contest Rules and Regulations (the “Official Rules”)
Participation in the Fit Body Boot Camp New Year New You Challenge (the “Contest” or the “Challenge”) constitutes your agreement to be bound by these Official Rules.
ALL FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS AND REGULATIONS APPLY. PARTICIPATION IN THE CONTEST IS VOID WHERE PROHIBITED. ALL DISPUTES WILL BE RESOLVED BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN CLASS ACTION FORMAT
ALL CHALLENGE PARTICIPANTS SHOULD SEEK EXPERT MEDICAL CARE AND CONSULT WITH THEIR OWN PHYSICIANS FOR ANY SPECIFIC HEALTH ISSUES.
Fit Body Boot Camp, Inc., a California corporation with an address at 5867 Pine Avenue, Chino Hills, California 91709 (“FBBC HQ”) and your local participating Fit Body Boot Camp franchised location (the “Participating Location”) are the sponsors of the Contest (collectively, the “Sponsor”).
The Contest is a promotion which will allow “Challengers” to compete for prizes at Participating Locations. Prizes will be awarded to winners at each Participating Location, as explained more fully in these Official Rules.
The winners of first place prizes from each Participating Location will be eligible to win Grand Prizes awarded by FBBC HQ at the “Awards Gala” currently scheduled for April 4, 2020 in San Diego, California (the “Gala” or the “Awards Gala”).
1.0 Eligibility; Entry; Registration
Eligibility: To participate in the Contest, you must meet all eligibility requirements set forth below and you must comply with these Official Rules:
A. You must be eighteen (18) years of age or older at the time of entry.
B. If you are not already a member of a Participating Location, you must pay a $30 registration fee and 8 weekly installments of $29 to the Participating Location.
C. If you are a current member of a Participating Location, you must pay a $30 registration fee and 8 weekly installments of $14.
The following persons are not eligible to compete as Challengers or to win a prize:
1. Owners, including equity owners, of a Fit Body Boot Camp® franchisee, whether a Participating Location or not
2. Employees of FBBC HQ or a Fit Body Boot Camp® franchisee, whether a Participating Location or not
3. Parents, spouses, siblings, children, grandparents, grandchildren, aunts, uncles, nieces, nephews, first cousins and spouses of any of the foregoing persons.
Entry:1. You must sign up through the Challenger Registration Page found on each Participating Location’s website. Follow the instructions to complete and thereafter submit the Entry form (which must include your name, address, telephone number, email address and date of birth; the “Entry”). The Challenger Registration Page will launch on December 26, 2019 and will close on January 15, 2020 (the “Entry Period”). Entries received after 11:59 PM, Pacific Time on January 15, 2020 will be disregarded.
2. You must allow your Participating Location to take and share before and after photos, as well as starting and ending body weight as measured by a representative of the Participating Location.
3. You must read and consent to these Official Rules. Your participation in the Contest constitutes your full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Contest.
4. Each entrant is limited to one (1) entry per person during the Challenge Period. Sponsor reserves the right to modify the Challenge Period or to cancel the Contest if Sponsor receives fewer than five (5) entries by the applicable deadline.
5. Entrants are not required to: (a) purchase goods or services, (b) pay any money, or (c) submit to a sales promotion, to be eligible for the Contest, except as expressly set forth herein.
YOU ACKNOWLEDGE THAT EVEN IF YOUR ENTRY QUALIFIES YOU AS A POTENTIAL WINNER AT THE CLOSE OF THE CONTEST, YOU ARE NOT GUARANTEED A PRIZE. POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY THE SPONSOR, AND MUST MEET ALL ELIGIBILITY REQUIREMENTS BEFORE AN ENTRANT WILL BE CONFIRMED AS A WINNER AND A PRIZE WILL BE AWARDED.
Ownership of Entry: All entries will become the property of FBBC HQ and will not be acknowledged or returned. Incomplete entries that do not fully comply with these Official Rules, or which subvert the entry process, in the sole discretion of the Participating Location or FBBC HQ, will not be eligible.
No Use of Artificial Weight Loss Means: You shall not use any artificial means of weight loss, weight gain or alteration in body composition in order to win the Challenge (whether to add weight prior to the Challenge or to lose weight during the Challenge), including, but not limited to amputation, liposuction, lap band or other similar weight loss procedures.
2.0 The Challenge Period; Additional Requirements
A. You will be evaluated on percentage of body weight lost during the “Challenge Period," which will begin on Monday, January 20, 2020 at and will end on Saturday, March 14, 2020, as recorded by a representative of your Participation Location. Challengers must weigh-in at their Participating Location between January 13th-20th, 2020 and weigh-out at the Participating Location between March 9th-14th, 2020.
B. You must check in to your Participating Location each week during the Challenge Period, in-person, during applicable business hours.
C. In addition, the Starting Information for each Challenger must be submitted by the Challenger themselves via the Challenger Data Submission Form no later than 11:59 PM Pacific Time January 27, 2020 and the Ending Information (also via Challenger Data Submission Form) by 11:59 PM Pacific Time on March 15, 2020. Participating Locations will verify that the data submitted via each Challenger is accurate and true.
D. Each Challenger and his/her Participating Location are jointly and severally liable for the accuracy of information submitted via Challenger Data Submission Forms, to the extent of their relative knowledge or reason to know of any inaccurate information.3.0 Participating Location Winners
A. The top three finishers at each Participating Location will be chosen by the Participating Location based on a percentage of body weight lost during the Challenge Period, measured from the initial weigh in at the beginning of the Challenge Period to the final weigh in at the end of the Challenge Period, expressed as a percentage, carried to four decimal places, as determined by the Participating Location in its sole discretion.
B. The Participating Location will pay prizes of $500 cash for 1st place, 2 months of free boot camp for 2nd place and 1 month of free boot camp for 3rd place (the “Participating Location Prizes”). In the event of a tie for first place, the number of Challengers who tie for first place shall take an equal share of the $500 and each will receive a free month of boot camp. If there is only one Challenger who wins first place but two or more Challengers tie for second place, those who tie for second place will each receive 2 months of free boot camp. The cash prizes shall be paid by the Participating Location on or before March 30, 2020. The free months of membership must be without obligation and may or may not be transferable, at the discretion of the Participating Location. You hereby acknowledge and agree that it is the Participating Location’s obligation to provide the Participating Location Prizes and that FBBC HQ shall have no obligation or liability to pay or provide any of the Participating Location Prizes.
C. Except as set forth above, the prizes are non-transferable and non-assignable, except at the Participating Location’s and SPONSOR’s discretion. Each winner is fully responsible for any and all applicable federal, state and local taxes (including income and withholding taxes). All costs and expenses associated with the receipt, use or collection of any prize not specified herein as being provided, including meals, gratuities and other expenses incurred by accepting the Prize are the sole responsibility of each individual winner. The chances of an Entry winning will depend on the number of eligible Entries that are received in accordance with these Official Rules and each Challenger’s relative weight loss during the Challenge Period. In no event will more than the stated number of Prizes be paid or awarded.
D. Each winner agrees to comply with regulations applicable to any prize. Released Parties will not be responsible for weather conditions, Acts of God, acts of terrorism, civil disturbances, work stoppage or any other natural disaster outside their control that may cause the cancellation or postponement of any event, including the Gala. Prizes are awarded “AS IS” and “WITHOUT WARRANTY OF ANY KIND”, express or implied, including, without limitation, any implied warranty of merchantability or fitness for a particular purpose.
4.0 Nominations for Finalists
The Challenger who takes first place at each Participating Location is eligible to become a finalist at the FBBC Awards Gala, currently scheduled for April 4, 2020 at 7:00 P.M. at the Pacific Ballroom of the Marriott Marquis San Diego Marina, 333 W Harbor Dr, San Diego, CA 92101.
A. Each Participating Location will nominate the Challenger who took first place at its location (the “First Place Challenger”) for consideration as a finalist (which shall include all those who tied for first place at a given location, if applicable).
B. Each First Place Challenger must complete a Challenger Questionnaire (the “Challenger Questionnaire”) describing how the experience changed the Challenger’s life. The Challenger Questionnaire must be completed and submitted to FBBC HQ no later than 11:59 PM Pacific Time on March 15, 2020. Each Challenger Questionnaire must be true, verifiable, written by the Finalist and submitted in English. The First Place Challenger must have the permission of any person that is identified or otherwise referred to in the Challenger Questionnaire.
C. Each nomination shall include unedited before and after photos, before and after weight, and a copy of the Challenger Questionnaire to be eligible for prizes.
D. By entering the Challenge, you hereby grant FBBC HQ the non-exclusive, royalty-free and irrevocable right to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify and otherwise exploit the Challenger Questionnaire, photographs and video recordings of you, the statement of support by the Participating Location and to incorporate the Challenger Questionnaire, photographs, video and/or the statement of support by the Participating Location in other works in any and all markets and media worldwide in perpetuity. You warrant that you have the sole and exclusive right to grant such rights to FBBC HQ and that FBBC HQ’s reproduction, publishing, displaying, and /or other use of the Challenger Questionnaire will not infringe on any rights of third parties, including, without limitation, copyright, trademark, privacy, or publicity, or create claims for defamation, false light, idea misappropriation, intentional or negligent infliction of emotional distress, or breach of contract. If a Challenger Questionnaire contains material that is violent, pornographic, obscene, illegal, inappropriate or racially or morally offensive, or if a Challenger Questionnaire does not comply with these Official Rules or meet FBBC HQ’s standards for any reason, as determined by FBBC HQ in its sole discretion, such Challenger Questionnaire (and the related Entry) may be rejected as ineligible for consideration. Entries must comply with applicable laws, rules and regulations. FBBC HQ shall have no obligation to copy, publish, display or otherwise exploit the Challenger Questionnaire.
E. The Challenger Questionnaire shall not directly or indirectly promote any products or brand names other than FBBC.
5.0 Selection of Finalists; Travel
Of those First Place Challengers nominated in accordance with these Official Rules, FBBC HQ will select ten “Finalists” based on the “Challenger’s Overall Transformation,” which shall be judged by FBBC HQ, in its sole discretion, on the following criteria: (a) total percentage of body weight lost, (b) Challenger Questionnaire, before/after photos, community involvement, social media engagement – with (a) and (b) being given equal consideration (the “Criteria”). FBBC HQ will pay for each Finalist to travel to San Diego for the Awards Gala as follows: Travel will include round trip airfare for one and hotel accommodations for four nights on the dates designated by FBBC HQ. Except for ground transportation from San Diego to Chino Hills and back on Monday, April 6th for media and promotional events, no other transportation will be provided. Approximate retail value (“ARV”) of the trip: $2,000. Travel arrangements must be made through FBBC HQ’s agent, on a carrier of FBBC HQ’s choice. Certain travel restrictions and black out dates may apply. FBBC HQ has the right, in its sole discretion, to substitute ground transportation for air transportation depending on a Finalist’s place of residence. Once travel commences, no unscheduled stopovers are permitted; if an unscheduled stopover occurs, full fare will be charged from stopover point for the remaining segments, including return, of the trip. FBBC HQ is not responsible or liable for any expenses incurred as a consequence of flight cancellation/delay.
6.0 Grand Prize Winners
At the Awards Gala, $100,000 in cash (“Grand Prizes”) will be awarded to the top 10 winners (the “Grand Prize Winners”), as chosen by FBBC HQ, from among the ten Finalists and based upon the Criteria. In other words, having the highest percentage of body weight lost among the Finalists does not guarantee a Grand Prize as determination of FBBC HQ, based on the Criteria will be final. To be eligible to win a Grand Prize, a Finalist must be present at the Awards Gala. Grand Prizes will be officially paid out and distributed to the Grand Prize Winners within 6 weeks of the Gala. In addition to $100,000 in cash prizes, FBBC HQ will also be awarding prize packages worth $1,000 to each of the top 25 finalists (10 of whom are also the Grand Prize Winners).
7.0 Currency for Prizes; Eligibility Requirements
All dollar amounts are US dollars, except those weekly fees payable to Participating Locations located in Canada, in which case the specified amounts shall be in Canadian Dollars. By way of illustration, Challengers in Canada shall pay $29 CAD per week and the first place location winner at a Canadian Outlet shall receive a check for $500 CAD. All cash prizes, including the Grand Prizes, are in US Dollars, including any prize awarded to a franchisee.
8.0 Accuracy of Information
By participating, you expressly state, under penalty of perjury under the laws of the State of California and all other applicable jurisdictions, that all information submitted in connection with the Challenge will be true and accurate. You understand that providing false or misleading information in connection with the Challenge may constitute a felony under the laws of the State of California and many other jurisdictions. FBBC HQ intends to prosecute anyone who submits or assists in the submission of false information to the fullest extent of the law.
9.0 Representations and Right to Use Name and Likeness
By participating in the Challenge, you make the following representations and promises:
1. You have read and agree to all the terms contained herein
2. All information supplied is true and correct, under penalty of perjury under the laws of the State of California
3. You grant FBBC HQ, its designees, permission to use your name, Entry, actual or simulated likeness, the Challenger Questionnaire, photos, videos and sound recordings of you, biographical information, city and state of residence, and opinions in connection with the Challenge and for any and all advertising, marketing or promotional purposes, in perpetuity, throughout the universe, in all media, without additional compensation, unless prohibited by applicable law.
4. You grant FBBC HQ permission to use words and photos provided to us or spoken, delivered or captured in connection with your participation in the Challenge and/or your attendance at the Gala
5. In the event you are selected as a Finalist: you grant FBBC HQ’s media team reasonable access to you in your home town to film a “day in the life” style documentary and you agree to travel to San Diego for the Awards Gala and to participate in promotional activities in or around Chino Hills, CA, as designated by FBBC HQ on Monday, April 6th, immediately after the date of the Awards Gala.
6. You shall defend and indemnify FBBC HQ and the Participating Location from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising from breach of these Official Rules.
7. Noncompliance with any of these Official Rules may result in disqualification.
8. FBBC HQ does not assume any liability or responsibility for incorrect or inaccurate entry information regardless of the cause including human error
9. You agree to sign an affidavit of eligibility and a liability and publicity release (except where prohibited by applicable law) which must be returned within fourteen (14) days of the date of personal delivery or sender’s postmark. Failure to timely sign and return the affidavit or release or to comply with any term or condition of these Official Rules may result in forfeiture of your interest in any prize and the award of the prize to a substitute winner.
10. Neither FBBC HQ nor the Participating Location is responsible for any typographical or other error in the administration of the Challenge, or in the announcement of the Prize winner. If, for any reason, the Challenge is not capable of running as planned, including, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the FBBC HQ or the Participating Location which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Challenge, FBBC HQ reserves the right in its sole discretion to cancel, terminate, modify or suspend the Challenge. Should the Challenge be terminated before the stated expiration date, notice will be posted where FBBC HQ sees fit.
11. All interpretations of these Official Rules and decisions by FBBC HQ are final.
12. No software-generated, robotic, programmed, script, macro or other automated entries are permitted. FBBC HQ reserves the right in its sole discretion to disqualify any individual suspected or found: (i) to have tampered with the entry process or the operation of the Challenge; (ii) to be acting in violation of these Official Rules; (iii) to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person; or (iv) to have provided inaccurate information on any legal documents/ representations submitted in connection with the Challenge.
13. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR APPLICATION OR UNDERMINE THE LEGITIMATE OPERATION OF THE CHALLENGE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
10.0 GOVERNING LAW; ARBITRATION; INDEMNIFICATION; DAMAGE WAIVERS
1. THE CALIFORNIA COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE CHALLENGE AND THE LAWS OF THE STATE OF CALIFORNIA SHALL GOVERN THE CHALLENGE. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION IN THESE COURTS AND HEREBY SUBMITS TO THE JURISDICTION OF THOSE COURTS.
2. ARBITRATION: As a condition of entering this Challenge, each entrant agrees that (A) any and all disputes, claims, controversies or causes of action arising out of or relating to this Challenge, or any prizes awarded (each, a “Claim”), shall be (1) arbitrated on an individual basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party, and (2) settled by binding arbitration in Orange County, California before a single arbitrator appointed by the American Arbitration Association or JAMS in accordance with then-governing rules and procedures, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof; and (B) under no circumstance will Challenger be permitted to obtain awards for, and Challenger hereby waives all rights to claim, punitive, incidental, consequential or any other damages, other than for actual out-of-pocket expenses.
3. These Official Rules shall be governed by and construed and interpreted in accordance with the laws of the State of California, U.S.A, applicable to contracts entered into and performed exclusively in that State.
4. Challengers agree that the Released Parties shall not be responsible or liable for, and hereby release the Released Parties from, any claims, losses, damages or injuries of any kind (including death) resulting, in whole or in part, directly or indirectly, from participation in the Challenge or any Challenge-related activity, or from acceptance, receipt, possession and/or use/misuse or inability to use a prize. The Released Parties shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience or irregularity that may be caused or contributed to (1) by any wrongful, negligent or unauthorized act or omission on the part of any of their agents, servants, employees or independent contractors; (2) by any wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Released Parties; or (3) by any other cause, condition or event whatsoever beyond the control of the Released Parties. Failure of FBBC HQ to enforce any provision herein shall not be deemed a waiver of such. FBBC HQ reserves the right to modify these rules for clarification or equitable purposes without materially affecting the terms and conditions of the Challenge.
5. UNDER NO CIRCUMSTANCES WILL ANY CHALLENGER BE PERMITTED TO OBTAIN AWARDS FOR, AND CHALLENGERS HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.
6. Any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees. In the event that any of the provisions of these Official Rules shall be held by a court or other tribunal of competent jurisdiction to be illegal, invalid or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Official Rules shall otherwise remain in full force and effect.
7. By participating and winning a Prize, the winner shall release, discharge, indemnify and agree to defend and hold harmless SPONSOR, its advertising and promotional agencies and all of their respective parents, affiliates, subsidiaries, agencies, agents and representatives and all of their respective employees, officers and directors (the “Released Parties”) from any and all claims, costs, injuries, losses or damages of any kind (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss of or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light), arising out of or in connection with the Challenge or from the acceptance, possession, use or misuse of the Challenge or any Prize, or participation in the Challenge or any related activity. In no event will FBBC HQ and the Participating Location, their respective affiliates, and/or their respective officers, directors, employees, representatives and agents be responsible or liable for any damages or losses of any kind, whether direct, indirect, incidental, consequential, punitive or other damages.
8. THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY OR ASSOCIATED WITH FACEBOOK, TWITTER, OR INSTAGRAM.
9. No agency. Neither these Official Rules or the awarding of a prize creates any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Sponsor and you.
11.0 WINNER INFORMATION
For a list of Winners, mail a request and a self-addressed, stamped envelope to: Fit Body Boot Camp, 5867 Pine Ave, Chino Hills, CA 91709, Attention: New Year New You Challenge Winner List. Alternatively, email a request to email@example.com. Winners list requests must be received by May 15, 2020. Residents of Vermont may omit return postage.
*Fit Body Boot Camp trademarks, service marks and copyrights are proprietary to FBBC HQ and its affiliated entities. All rights reserved.