THE BODY BY VI™ 90 DAY CHALLENGE
OFFICIAL NORTH AMERICAN RULES
THE FOLLOWING OFFICIAL RULES APPLY ONLY TO RESIDENTS OF CANADA, THE FIFTY UNITED STATES AND DISTRICT OF COLUMBIA. IF YOU RESIDE IN EUROPEAN COUNTRIES, PLEASE CLICK HERE FOR THE OFFICIAL RULES THAT GOVERN YOUR PARTICIPATION.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.
The Body by Vi 90-day Challenge (the “Promotion”) is void outside the fifty (50) United States, the District of Columbia and Canada, and where prohibited or restricted by law. Subject to all federal, state, provincial, territorial and local laws, regulations, and ordinances.
1. ELIGIBILITY: The Promotion is open only to persons who: (i) are a legal resident of the fifty (50) United States (including the District of Columbia) or Canada; and (ii) are at least the legal age of majority in their state/jurisdiction of permanent residence at time of entry. Employees, officers and directors of ViSalus, Inc. (“Sponsor”) and its parent, subsidiaries, affiliates, related companies, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies, web site providers, web masters, and members of such employees’, officers’, or directors’ immediate families (spouses, parents, siblings and children, regardless of where they live) and those living in the such individuals’ households (whether related or not) are not eligible to enter or win in the Promotion. Participation constitutes each eligible entrant’s full and unconditional agreement to be legally bound by these Official Rules and by Sponsor’s decisions, which are final and binding (without right of appeal) in all matters related to the Promotion.
2. ENTRY PERIOD: There are two entry periods (one every six months) in the Promotion: First Cycle Entry Period: begins March 16, 2015 and ends on September 27, 2015; Second Cycle Entry Period: Begins September 28, 2015 and ends on March 20, 2016.
3. HOW TO ENTER: Eligible persons may enter the Promotion only during the Entry Periods set forth above.
To enter the Promotion:
(i) Optional: Purchase a Body by Vi Challenge Kit (the “Challenge Kit”; a list of such kits is available at www.visalus.com);
(ii) Optional: Use the selected Challenge Kit for at least ninety (90) calendar days during an Entry Period and use it strictly in accordance with the usage directions set forth on the labels of the Challenge Kit products;
IMPORTANT: Purchasing and/or using a Challenge Kit is not required to enter the Promotion and will not increase or otherwise impact your chances of winning in the Promotion.
(iii) Mandatory: To enter, visit enter.vi.com during the applicable Entry Period and follow the instructions to complete the online Promotion entry form (“Entry Form”), which includes a requirement (among other things) to: (i) provide written narratives (each, a “Narrative”) – which, among other things, detail ‘before’ and ‘after’ measurements to accompany the Photos (as defined below); (ii) upload one (1) “before” photograph of the participant(s), which must be taken within one (1) day prior to the date on which the participant(s) began the applicable challenge; and (iii) upload one (1) “after” photograph of the participant(s), which must be taken within 91-92 days after the date on which the participant(s) began the applicable challenge. The “before” and “after” photographs (each, a “Photo”) must depict a frontal view of the participant’s(s’) face(s) and body(ies) from at least the knees up. To be eligible, Photos and Narratives (collectively, “Entry Materials”) must comply with these Official Rules, including, without limitation, the Submission Requirements set forth below. In completing the Entry Form, you must also indicate the Promotion Category, described further below, in which you wish to enter. The Promotion Categories are: (1) Weight Loss – Male, Female or Couple; (2) Active / Fitness - Male, Female or Couple; or (3) Vi Model – Male or Female (each, a “Promotion Category”). Submit the completed Entry Form with the Narratives and uploaded Photos to receive one (1) entry in the Promotion (the “Entry”).
NOTE: Whereas Sponsor encourages healthy diet and exercise, if an entrant uses medical procedures or weight-loss supplements other than a Challenge Kit at any time after the “before” Photo is taken and up to the time that the “after” Photo is taken, that entrant may be disqualified. In completing the Entry Form, you must also indicate the Region, described further below, in which you wish to enter. The Regions for this Promotion and these Official Rules are: (1) USA West (CA, WA, OR, NV, AZ, NM, CO, UT, ID, MT, WY, AK, HI, Guam); (2) USA Central (ND, SD, NE, KS, OK, TX, MN, IA, MO, AR, LA, WI, IL, MS, AL); (3) USA East (MI, IN, KY, TN, GA, FL, OH, WV, VA, NC, SC, MD, DE, NJ, CT, RI, PA, NY, VT, NH, MA, ME, Puerto Rico); and (4) Canada
Alternatively, you may submit your Entry Materials by printing your first name, last name, telephone number, complete mailing address (including zip/postal code), Promotion Category and Region on a plain white piece of paper and mailing the Entry Materials (in an envelope with sufficient postage) to: ViSalus, Inc., 340 East Big Beaver Road, Suite 400, Troy, Michigan 48083. Upon receipt of your Entry Materials, you will receive one (1) Entry in the Promotion. To be eligible, your Entry Materials must: (i) be received separately in an envelope bearing sufficient postage; and (ii) be post-marked and received during the applicable Entry Period. The Released Parties (as defined below) take no responsibility whatsoever for any lost, stolen, delayed, illegible, damaged, misdirected, late or destroyed Entry Materials (all of which are void).
Limit: There is a limit of one (1) Entry per person/group/ViSalus ID# (if you have one) in the Promotion per each Entry Period; and (ii) one (1) Sweepstakes Entry per person/ViSalus ID# in the Sweepstakes per each Entry Period. All required information must be provided to enter.
To be eligible, each Photo MUST:
- Be no larger than 5 MB.
- Be in digital form (either .jpg, .gif, .bmp).
- Be of satisfactory quality (i.e., brightness, focus, etc.) Any Photo that is not of satisfactory quality (as determined by Sponsor in its sole discretion) may be rejected.
- Clearly show the entrant’s(s’) face(s) as to properly identify that the entrant(s) is(are) the same person(people) in the before and after Photo(s)
To be eligible, Photos submitted MUST:
- Be of the entrant’s most recent 90-day Challenge that was completed during the applicable Entry Period; and
- NOT be show results from cumulative 90-day Challenges (i.e. must be from only the most recent 90-day Challenge)
To be eligible, any Narrative MUST:
- Be no more than 1000 Characters (including spaces)
- Be in the English, French or Spanish language.
Any Entry Materials submitted that exceed any limit noted above, or that are not in one of the accepted formats, as applicable, will be disqualified.
ALL Photos and Narratives:
- MUST be the entrant’s original idea (modification of an original work is not an original idea). Entry Materials MUST NOT copy or otherwise plagiarize from any source.
- Before and after Photos shall depict same or similar clothing, make-up, hair style and facial expression, and MUST NOT contain material which is (or promote activities which are) in Sponsor’s sole discretion, hateful, slanderous, libelous, tortious, sexually explicit, obscene, pornographic, inappropriate, violent, self-mutilating (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g., underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, or harassing; or contain material that is threatening to any person, place, business, group or world peace; or contain words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation or socioeconomic group; or contain images, words or text portraying nudity, acts of violence, or acts that are or appear to be unlawful or dangerous or in violation of, or contrary to the laws or regulations in any jurisdiction where the Entry Materials are created in their application.
- MUST NOT contain material that violates or infringes another’s rights, including but not limited to material that violates privacy, publicity, or intellectual property rights, or that constitutes copyright infringement. Without limiting the foregoing, Entry Materials must not include third party trademarks, logos, insignia, location signage, photographs, artwork, or sculptures, except those of Sponsor.
- MUST NOT include mention or performance of any copyrighted media production including but not limited to books, articles, photographs, artwork, music, etc., or identifying descriptions of any media property.
- MUST NOT include third parties, including but not limited to minors, celebrities and friends, who have not expressly authorized entrant to display their image or likeness in any submitted application or otherwise use such images or likenesses in accordance with these Official Rules.
By entering, each entrant warrants and represents that his/her Entry Materials accurately depicts his/her results of his/her most recent 90-day Challenge during the applicable Entry Period. In addition, he/she warrants and represents that his/her Entry Materials are original, have not been previously published or won any award, do not contain any material that could defame or otherwise violate or infringe upon the rights of any third party, including patents, copyrights, trademarks or rights of privacy or publicity, and will not violate any international, federal, state, provincial, territorial or local laws or ordinances. Entrants further warrant and represent that they have secured the requisite consent from any third party referenced in their Entry Materials. Sponsor reserves the right in its sole and unfettered discretion to disqualify any Entry that it believes, in its sole discretion, contains obscene, offensive or inappropriate content, that does not comply with these Official Rules or that is not consistent with the spirit or theme of the Promotion. Once submitted, Entry Materials will not be acknowledged or returned to entrant.
Any attempt by any entrant to obtain more than the permitted number of Entries by using multiple and/or different identities, forms, registrations, addresses or any other method will void all of that entrant’s Entries and that entrant may be disqualified at Sponsor’s discretion. Multiple entrants are not permitted to share the same email address. Normal Internet, phone and usage charges imposed by your online or phone service may apply. Incomplete, illegible, corrupted, or untimely Entries are void and will be disqualified. Sponsor and its parent, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, web site providers, web masters, and their respective officers, directors, employees, representatives and agents (the “Released Parties”) are not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible Entries or Entry Materials (all of which are void); lost, interrupted, or unavailable network, server, or other connections; or miscommunications, computer or software malfunctions, telephone transmission problems, technical failures, garbled transmissions, damage to a user’s computer equipment (software or hardware), or other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. In the event of a dispute as to the identity of an entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant or participant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider, Internet service provider, or other organization (which may include an employer) responsible for assigning email addresses for the domain associated with the submitted address. Each potential winner may be required to show proof (in a form and substance satisfactory to the Sponsor) of being the authorized account holder. Entries specifying an invalid, non-working, or inactive email address will be disqualified and ineligible to win.
4. SELECTION, NOTIFICATION AND VERIFICATION OF WINNERS:
Selection of Eligible Winners: Entries will be segregated into the applicable Promotion Category and Region as indicated on the applicable Entry Form. Photos and Narratives submitted with eligible Entries will be posted on www.challenge.com within the applicable Entry Period. The public will be permitted to vote every Sunday during the Entry Period. Entrants will accumulate votes and be rated on the Regional Leaderboard. At the end of public voting, Entrants within the top 25 of in each Promotion Category in each Region will then be evaluated by a judging panel appointed by the Sponsor based on the following criteria (“Judging Criteria”): (1) 90-day Physical Transformation, which includes the number of pounds lost, reductions in body measurements, and a review of the entrant’s “before” and “after” Photos; and (2) Personal Story and Self-Promotion, based on the Narratives. In the event of a tie, the judging panel will re-judge the tied entries based on the Judging Criteria to break the tie. Decisions of the judging panel are final and binding without right of appeal.
Limit: One (1) vote per entrant. Votes received from any IP address in excess of the stated limitation will be void. Entrants are prohibited from obtaining votes by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to prospective voters, as determined by Sponsor in its sole discretion. Use of script, macro or any automated system to vote or with the intent to impair the integrity of the voting process is prohibited and all such votes will be void. If it is discovered by the Sponsor (using any evidence or other information made available to or otherwise discovered by the Sponsor) that attempts were made by anyone to: (i) submit more than one (1) vote per person; (ii) use multiple names, identities, email addresses and/or any automated, macro, script, robotic or other system(s) or program(s) to submit votes; (iii) engage in any form of systematic voting from the same computer/IP address; and/or (iv) engage in any form of proxy or other voting scheme that Sponsor deems, in its sole and absolute discretion, to be in violation of the letter and spirit of these Official Rules; then it may result in the disqualification, in the sole and absolute discretion of the Sponsor, of the votes, Entry and/or entrant to which such votes relate. Any votes determined by Sponsor, in its sole and absolute discretion, to be in violation of the letter and/or spirit of these Official Rules (including, without limitation, votes that cannot be validated in accordance with these Official Rules to the complete satisfaction of Sponsor) are subject to disqualification in the sole and absolute discretion of the Sponsor. All votes are subject to verification at any time and for any reason. The Sponsor reserves the right, in its sole and absolute discretion, to require proof (in a form acceptable to the Sponsor): (i) for the purposes of verifying the eligibility and/or legitimacy of any vote or other information entered (or purportedly entered) for the purposes of this Promotion; and/or (ii) for any other reason the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering this Promotion in accordance with these Official Rules. Failure to provide such proof to the complete satisfaction of the Sponsor within the timeline specified by the Sponsor may result in disqualification of the applicable vote(s) that cannot be verified to the complete satisfaction of the Sponsor.
In each Promotion Category and Region, the entrant with the highest overall score among all eligible Entries received during the corresponding Entry Period, based on the winner selection process described above, will be selected as the potential Promotion Champion in that Region and Promotion Category and for that Entry Period, for a total of up to three (3) potential Regional Promotion Champions per Category per Region and one (1) National Champion per Promotion Category throughout the Promotion. After all Regional Champions have been determined and announced the Judging Panel will review all Regional Champions and score each entrant. Entrants in each Promotion Category with the highest score will be announced as the Challenge Champion at the next National event on stage.
Notification and Verification of All Promotion Winners: Sponsor will notify each eligible Regional Champion by email, mail, telephone and/or other announcement(s) within seven (7) business days after being selected as an eligible winner in accordance with these Official Rules. Sponsor will notify the eligible Challenge Champion at the National Event that they are announced and if the winner does not respond within thirty (30) days after the first attempt to contact him/her, or the prize notification is returned as undeliverable, that potential winner will be deemed to have forfeited the applicable prize, and Sponsor reserves the right, in its sole discretion and time permitting, to select an alternate potential winner in his/her place based on the applicable winner selection process as outlined in these Official Rules.
FOR CANADIAN RESIDENTS ONLY: BEFORE BEING DECLARED A CONFIRMED PROMOTION PRIZE WINNER, a selected entrant who is a resident of Canada will be required to correctly answer a mathematical skill-testing question without mechanical or other aid. Failure to correctly answer the mathematical skill-testing will result in forfeiture of the applicable prize.
At Sponsor’s discretion, except where prohibited, potential winner may be required to complete and return an affidavit, intellectual property assignment, and liability/publicity release (the “Affidavit/Assignment/Release”) within ten (10) days of being notified. If a potential winner fails to sign and return the Affidavit/Assignment/Release within the required time period, or is unavailable to accept the prize within the time period specified by Sponsor, that potential winner will be deemed to have forfeited the prize, and an alternate potential winner may, in the sole discretion of the Sponsor, be selected in place of the disqualified potential winner through the applicable winner selection process in accordance with these Official Rules. Noncompliance with the foregoing or failure to abide by these Official Rules will result in disqualification and may result in naming of an alternate potential winner.
EACH POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING (WITHOUT RIGHT OF APPEAL) IN ALL MATTERS RELATED TO THE PROMOTION. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED BY SPONSOR THAT VERIFICATION IS COMPLETE.
5. PRIZES AND PRIZE RESTRICTIONS:Promotion Champion Prizes:
Weight Loss Male or Female Category Promotion Champion Prize: TWO (2) Individual Category Promotion Champion Prizes are available to be won per Entry Period, which each consist of $5,000, professional photo shoot (includes: studio, meals, transportation to and from the hotel, hair, make-up, two (2) photographers, wardrobe, set staff, props.), Personalized Branding Package (includes: digital artwork of business card, vertical banner, video testimony/commercial, branded web page, all photos from the photo shoot, Branding Package guide, social media strategy, PR pointers, blog article, custom Challenge Brochure, Champion certificate). They also receive a Champion Jacket, Champion Medal, $500 in Vi Store credit and $500 in ViSalus Product Credit. Approximate Retail Value in US Dollars (“ARV”): $12,200.
Weight Loss Couple Category Promotion Champion Prize: ONE (1) Couple Category Promotion Champion Prize is available to be won, which consists of $5,000, professional photo shoot (includes: studio, meals, transportation to and from the hotel, hair, make-up, two (2) photographers, wardrobe, set staff, props), Personalized Branding Package (includes: digital artwork of business card, vertical banner, video testimony/commercial, branded web page, all photos from the photo shoot, Branding Package guide, social media strategy, PR pointers, blog article, custom Challenge Brochure, Champion certificate. They also each receive a Champion Jacket and Champion Medal, shared Trophy, $500 in Vi Store credit and $500 in ViSalus Product Credit. ARV: $12,270.
Active / Fitness - Male and Female Category Promotion Champion Prize: TWO (2) Individual Category Promotion Champion Prizes are available to be won per Entry Period, which each consist $5,000, professional photo shoot (includes: studio, meals, transportation to and from the hotel, hair, make-up, two (2) photographers, wardrobe, set staff, props.), Personalized Branding Package (includes: digital artwork of business card, vertical banner, video testimony/commercial, branded web page, all photos from the photo shoot, Branding Package guide, social media strategy, PR pointers, blog article, custom Challenge Brochure, Champion certificate. They also receive a Champion Jacket, Champion Medal, Trophy, $500 in Vi Store credit and $500 in ViSalus Product Credit. ARV: $12,200.
Active / Fitness Couple Category Promotion Champion Prize: ONE (1) Couple Category Promotion Champion Prize is available to be won, which consists of $5,000, professional photo shoot (includes: studio, meals, transportation to and from the hotel, hair, make-up, two (2) photographers, wardrobe, set staff, props.), Personalized Branding Package (includes: digital artwork of business card, vertical banner, video testimony/commercial, branded web page, all photos from the photo shoot, Branding Package guide, social media strategy, PR pointers, blog article, custom Challenge Brochure, Champion certificate. They also each receive a Champion Jacket and Champion Medal, shared Trophy, $500 in Vi Store credit, and $500 in ViSalus Product Credit. ARV: $12,270.
Vi Model Male and Female Category Promotion Champion Prize: TWO (2) Individual Category Promotion Champion Prizes are available to be won per Entry Period, which each consist $5,000, professional photo shoot (includes: studio, meals, transportation to and from the hotel, hair, make-up, two (2) photographers, wardrobe, set staff, props.) Personalized Branding Package (includes: digital artwork of business card, vertical banner, video testimony/commercial, branded web page, all photos from the photo shoot, Branding Package guide, social media strategy, PR pointers, blog article, custom Challenge Brochure, Champion certificate. They also receive a Champion Jacket, Champion Medal, Trophy, $500 in Vi Store credit and $500 in ViSalus Product Credit. ARV: $12,200.
Prize Restrictions: Prize cannot be substituted, assigned, or transferred, and cannot be redeemed for cash; however, Sponsor reserves the right to make equivalent prize substitutions at its sole discretion if any advertised prize, or component thereof, becomes unavailable or for any other reason. Sponsor will not replace any lost or stolen prize after it is delivered to the winner. Any and all applicable federal, state, provincial, territorial and local taxes and all fees and expenses (such as, but not limited to, security fees, gratuities, luggage fees, meals, and incidental charges) related to acceptance and uses of the prizes not specifically stated herein are the sole responsibility of each winner. Any expenses made by the Champion that have received written approval by the ViSalus Manager of this program must be submitted with in ten (10) days from the date of expense to be eligible to receive reimbursement. In the event a winner lives within 150 miles of prize trip destination, round-trip ground transportation will be provided in lieu of air transportation and no additional compensation will be provided. Certain restrictions and blackout dates apply to prize trips. Airline carrier’s regulations and conditions apply to prize trips. Major credit card required at check-in to cover any incidental charges. Winners of prizes that include trips must possess valid travel documents (i.e., a valid government-issued photo ID, valid passport, VISA, etc.) and a winning group must travel together on the same itinerary. Winners will be issued an applicable income tax form for the retail value of his/her prize.
In the event a winner(s) engages in behavior during prize travel/stay that (as determined by Sponsor in its sole discretion) is obnoxious or threatening, illegal, or that is intended to threaten or harass any other person, or that in any way disparages or adversely affects the reputation, image, and/or customer goodwill of Sponsor or any of Sponsor’s services, products, trademarks, service marks, or logos, Sponsor reserves the right to terminate the travel/stay early, and send the winner(s) home with no further obligations or compensation whatsoever to the winner(s), which may, in Sponsor’s sole discretion, result in the winner’s(s’) disqualification from the Promotion and forfeiture of any (and/or all) prize(s). In the event a winner(s) engages in behavior during prize travel/stay that (as determined by Sponsor in its sole discretion) is illegal, tortious, or subjects the winner(s) to arrest or detention, Sponsor shall have no obligation to pay any damages, fees, fines, judgments or other costs or expenses of any kind whatsoever incurred by the winner(s) as a result of such conduct. THE RELEASED PARTIES SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF ANY TRAVEL RELATED TO THE PRIZE OR ANY OTHER ASPECT OF A PRIZE WINNER’S(‘S) ACCEPTANCE OR USE OF PRIZE.
6. GENERAL CONDITIONS: Sponsor reserves the right, at its sole discretion, subject only to the approval of the Régie des alcools, des courses et des jeux (the “Régie”) in Quebec, to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor in its sole discretion and in the event of cancellation, prizes will be awarded through the applicable winner selection process described above from among all eligible Entries received prior to cancellation. The Released Parties are not responsible for lost, late, incomplete, damaged, stolen, postage due or misdirected Entries; lost, interrupted, or unavailable network, server, or other connections, garbled transmissions or miscommunications, telephone transmission problems; computer or software malfunctions or damage to a user’s computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. Proof of sending or submission of entry will not be deemed proof of receipt by Sponsor. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE ASSOCIATED WITH THIS PROMOTION OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, any web site associated with this Promotion, and/or the legitimate operation of the Promotion; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. If, for any reason, the Promotion is not capable of running as planned, Sponsor may, in its sole discretion, void any suspect Entries and, subject only to the approval of the Régie in Quebec: (a) modify the Promotion, suspend the Promotion and/or modify these Official Rules to address the impairment and then resume the Promotion in a manner that best conforms to the spirit of these Official Rules; or (b) award the applicable prize(s) through the applicable winner selection process(es) from among the eligible, non-suspect Entries received up to the time of the impairment.
7. RELEASE AND LIMITATIONS OF LIABILITY/PUBLICITY RELEASE: By participating in this Promotion, entrants agree that the Released Parties are not responsible for and accept no liability whatsoever in relation to: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized intervention in any part of the entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of Entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion or receipt or use or misuse of any prize. If for any reason an entrant’s Entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another Entry in the Promotion (time-permitting). No more than the stated number of prizes will be awarded.
BY PARTICIPATING IN THIS PROMOTION, ENTRANTS AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THIS PROMOTION OR IN ANY PROMOTION RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO TRAVEL CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, SEVERE WEATHER, OR TERRORISM.
BY PARTICIPATING IN THIS PROMOTION, PARTICIPANTS AGREE THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEB SITE ASSOCIATED WITH THE PROMOTION OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY SUCH SITE.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS PROMOTION, INCLUDING ALL PRIZES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
EXCEPT WHERE PROHIBITED BY LAW, PARTICIPATION IN THIS PROMOTION CONSTITUTES EACH WINNER’S GRANT TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR), ITS PARENT, SUBSIDIARIES, AFFILIATES, RETAILERS, DISTRIBUTORS, ADVERTISING AND PROMOTION AGENCIES, SUPPLIERS, AND THOSE ACTING PURSUANT TO ITS AUTHORITY, THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, EACH WINNER’S NAME, PORTRAIT, PICTURES (INCLUDING THE PHOTOGRAPHS SUBMITTED WITH THE WINNER’S ENTRY), VOICE, LIKENESS, AND BIOGRAPHICAL INFORMATION FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION.
ALL ENTRY MATERIAL SHALL BE DEEMED TO BE NON-CONFIDENTIAL, NON-PROPRIETARY AND SPONSOR SHALL HAVE NO OBLIGATION OF ANY KIND WITH RESPECT TO SUCH ENTRY MATERIALS AND SHALL BE FREE TO EDIT, EXPLOIT, MODIFY, PUBLISH, REPRODUCE, USE, DISCLOSE, DISSEMINATE AND DISTRIBUTE THE SUBMISSIONS TO OTHERS WITHOUT LIMITATION IN ANY AND ALL MEDIA NOW KNOWN OR NOT CURRENTLY KNOWN, THROUGHOUT THE WORLD IN PERPETUITY FOR ANY PURPOSE WITHOUT COMPENSATION, PERMISSION OR NOTIFICATION TO ENTRANT OR ANY THIRD PARTY. ENTRANT HEREBY GRANTS SPONSOR A ROYALTY FREE, IRREVOCABLE, AND WORLDWIDE, IN PERPETUITY LICENSE TO USE THE ENTRY MATERIALS, IN WHOLE OR IN PART, IN ANY FORM OR FORMAT AND TO MODIFY THE SAME, AND ACKNOWLEDGES AND AGREES THAT IF SPONSOR DOES USE THE ENTRY MATERIALS ENTRANT SHALL NOT BE ENTITLED TO ANY CREDIT, CONSIDERATION, NOTICE OR PAYMENTS OF ANY KIND. ENTRANT WAIVES ANY MORAL RIGHTS HE OR SHE MAY HAVE TO THE ENTRY MATERIALS, AND AGREES THAT IF SPONSOR ELECTS TO USE ENTRY MATERIALS FOR ANY PURPOSE, ALL RIGHTS UNDER COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS WHICH MAY RESULT FROM THAT RELATING TO ENTRANT’S ENTRY MATERIALS OR FROM USE OF THE SAME BY SPONSOR SHALL BE THE SOLE PROPERTY OF SPONSOR. ENTRANT FURTHER AGREES THAT IF SPONSOR ELECTS TO USE ENTRANT’S ENTRY MATERIALS, ENTRANT WILL EXECUTE ANY DOCUMENTS REQUESTED BY SPONSOR REGARDING THIS ASSIGNMENT. IF ANY USE BY SPONSOR OF THE ENTRY MATERIALS CAUSES IT TO BE LIABLE TO ANY THIRD PARTY, ENTRANT AGREES TO INDEMNIFY SPONSOR, ITS AGENTS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, REPRESENTATIVE AND ALL RELATED PARTIES FROM AND AGAINST ANY AND ALL DAMAGES, COSTS, JUDGMENTS AND EXPENSES (INCLUDING REASONABLE ATTORNEY FEES) WHICH IT INCURS AS A RESULT OF ITS USE OF THE ENTRY MATERIALS.
8. NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each entrant understands and acknowledges that Sponsor has wide access to ideas, designs, and other materials, and that new ideas are constantly being submitted to it or being developed by its own employees. Each entrant also acknowledges that many ideas may be competitive with, similar or identical to the Entry Materials and/or each other in theme, idea, format or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of Sponsor’s use of any such similar or identical material. Each entrant acknowledges and agrees that the Sponsor does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Entry Materials. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of Sponsor’s actual or alleged exploitation or use of any Entry Materials or other material submitted in connection with the Promotion, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Submissions or any material based on or allegedly based on the Entry Materials, and the entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
9. DISPUTES: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by appropriate state or federal court in Wayne County, Michigan; (2) any and all claims, judgment, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Promotion, but in no event attorneys’ fees; (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of Michigan, without giving effect to any choice of law or conflict of laws rules (whether of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Michigan.
FOR RESIDENTS OF QUEBEC ONLY: Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of the prize may be submitted to the board only for the purpose of helping the parties reach a settlement.
11. OFFICIAL RULES/WINNERS LIST: For a copy of the Official Rules and/or a list of winners, available for 60 days after selection of winners, visit the ViSalus blog for the official announcement of winners at blog.vi.com.
Sponsor: ViSalus, Inc., 340 East Big Beaver Road, Suite 400, Troy, Michigan 48083.
ViSalus, Inc. shall not be liable for technical, pictorial, typographical or editorial errors or omissions contained herein. Copyright ©2015. All trademarks or logos used herein are trademarks of their respective owners in the United States and/or other countries. All rights reserved.