Healthé Trim Weight Loss Challenge
Official Challenge Rules
A complete copy of these rules can be obtained at the offices of radio station WWWQ-FM, owned and operated by Susquehanna Radio Corp., a wholly owned subsidiary of Cumulus Media Partners LLC (collectively, the “Station”), 780 Johnson Ferry Rd., 5th Floor, Atlanta, GA 30342, during normal business hours Monday through Friday or by sending a self-addressed, stamped envelope to the above address.
The Station and HealthyLife Sciences, LLC d.b.a. Healthé Trim (“Healthé Trim”) will conduct the Healthé Trim Weight Loss Challenge (the “Challenge”) substantially as described in these rules, and by participating, each participant agrees as follows:
1. No purchase is necessary. Void where prohibited. All federal, state, and local regulations apply.
2. Challenge is open only to legal U.S. residents age 21 or older. Employees, agents, representatives, or affiliates of the Station, Susquehanna Radio Corp., HealthyLife Sciences, LLC, participating sponsors, other radio stations, television stations and print advertising companies serving the metro area, and their immediate family members and household members are not eligible to participate. The term “immediate family members” includes spouses, parents, siblings, grandparents, children, grandchildren and cohabiting significant others.
3. The Challenge will begin on Wednesday, January 13, 2010 and will run through Tuesday, May 4, 2010.
4. To participate in the Challenge, send an email to the Station via www.q100atlanta.com explaining why you would like to participate in the Healthé Trim Weight Loss Challenge. Entries must include an entrant’s name, age, a current picture, current height and weight, email address, and daytime phone number. All entries must be received by Monday, January 18, 2010 at 10:00am EST. Late, incomplete or illegible entries will be disregarded.
5. On or about the week of January 25, 2010, Healthé Trim, in its sole and exclusive discretion, will choose ten (10) finalists and five (5) alternates finalists (collectively, the “Finalists”) from all eligible entries to participate in the Challenge. The Finalists will be chosen based on the compelling nature of their stories, how much weight they seek to lose, and a demonstrated commitment and motivation to lose weight. Each Finalist must agree to provide certain personal information, including all currently prescribed medications/dosages, to ensure their safe and healthy participation in the Challenge. Finalists will be required to certify in writing that they have consulted with a qualified health care professional regarding their participation in the Challenge and that they have not been advised against participating in the Challenge by such health care professional. In exchange for being allowed to participate in the Challenge, Finalists will be required to sign an assumption of risk and liability waiver and release agreement in favor of Healthé Trim and the Station. Failure or refusal to provide the foregoing information and documents will result in disqualification from the Challenge.
6. On Monday, February 1, 2010, the Finalists will be given a free sample of Healthé Trim products for use during a two-day pre-Challenge trial period. If any of the ten (10) finalists declines to continue their participation in the Challenge during this two-day trial period, an alternate finalist may be chosen by Healthé Trim, in its sole and exclusive discretion, to replace the departed finalist(s). Healthé Trim and the Station reserve the right to not replace a finalist with an alternate finalist. Finalists must confirm their participation in the Challenge no later than 5:00pm on February 2, 2010. The Station will thereafter notify the ten (10) entrants confirmed by Healthé Trim as official Challenge participants (hereinafter the “Challenge Participants”).
7. On Wednesday, February 3, 2010, Healthé Trim will announce on the Bert Show the ten (10) Challenge Participants. The Challenge Participants will be required to participate in an official “initial weigh-in” at the Station’s studios between 6:00am and 10:00am EST on February 4, 2010. This initial weigh-in will be conducted on a medical scale supplied by Healthé Trim and will be monitored by Healthé Trim representatives and a qualified health care professional selected by Healthé Trim. The initial weigh-in will determine each Challenge Participant’s starting weight for purposes of the Challenge.
8. Challenge Participants will participate in a Healthé Trim-sponsored weight loss program from February 3, 2010 through May 4, 2010 (the “Challenge Period”). Challenge Participants will receive a minimum of two (2) bottles of Healthé Trim product (valued at $55 each) and personal coaching by a Healthé Trim consultant (valued at $1,000). During the Challenge Period, Challenge Participants agree to use the Healthé Trim products to advance their weight-loss goals and to accept weight-loss coaching from the Healthé Trim consultant. Other Healthé Trim supplements and vitamins will be available free of charge to Challenge Participants for use during the Challenge Period if they so choose. During the Challenge Period, Challenge Participants will be required to blog about their weight-loss progress and Challenge experience. Challenge Participants agree to send a weekly email to the Station with photographs demonstrating their weight-loss progress, all of which will be posted on the Station’s website (subject to review and editing by Station representatives).
9. Challenge Participants may elect to stop participating in the Challenge at any time and for any reason by notifying a Healthé Trim or Station representative, at which point they will be eliminated from further participation in the Challenge and required to return any and all unused Healthé Trim products. Healthé Trim and/or the Station may eliminate a Challenge Participant at any time from further participation in the Challenge for failure to satisfy the obligations set forth in paragraph 8 above or for any other reason in their sole discretion. Eliminated Challenge Participants will not be replaced.
10. At the conclusion of the Challenge Period on May 4, 2010, Challenge Participants will be required to participate in an official “final weigh-in” at the Station’s studios between 6:00am and 10:00am EST. This final weigh-in will be conducted on the same medical scale supplied by Healthé Trim for the initial weigh-in and will be monitored by Healthé Trim representatives and a qualified health care professional selected by Healthé Trim. The final weigh-in will determine each Challenge Participant’s final weight for purposes of the Challenge. Using each Challenge Participant’s initial and final weigh-in totals, Healthé Trim and the Station will calculate the total amount of weight lost by all of the Challenge Participants during the Challenge Period. Healthé Trim agrees to donate $50 to Bert’s Big Adventure for each pound lost by the Challenge Participants during the Challenge Period. In the event that a Challenge Participant is eliminated during the Challenge Period or fails to attend the final weigh-in, Healthé Trim will donate $2,400 (equivalent to a 48-pound weight loss) for each such eliminated Challenge Participant. The minimum donation to Bert’s Big Adventure shall be $10,000.
11. All entrants, Finalists, and Challenge Participants agree that Healthé Trim, the Station, Susquehanna Radio Corp., its parent and subsidiary companies, and their respective affiliates, members, directors, officers, employees, agents and representatives (collectively, the “Challenge Sponsors”) shall have no liability for any injury, misfortune, or damage to either persons or property incurred by entering or participating in the Challenge and/or by the use or non-use of any products or services provided or received in connection with the Challenge. Challenge Participants acknowledge and agree that the Challenge Sponsors are not qualified health care professionals and their activities in conjunction with the Challenge are not intended to be a substitute for informed medical advice or care, nor should any information received from the Challenge Sponsors during the Challenge be used to diagnose or treat any health problems or illnesses without first consulting a qualified health care professional. Challenge Participants further understand and acknowledge that the Healthé Trim products have not been evaluated by the Food and Drug Administration are not intended to diagnose, treat, cure or prevent any disease.
12. All entry forms, devices, and materials gathered during the course of entry or during the Challenge Period, as well as all information contained on or within, shall become the sole property of Healthé Trim and the Station to be used, disposed of or destroyed in their sole discretion. Neither Healthé Trim nor the Station shall be responsible for any incorrect or inaccurate information entered by website users, and they assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the Station’s website.
13. All entrants, Finalists and Challenge Participants agree to give the Station and Healthé Trim, their licensees, affiliates, successors, and assigns the irrevocable and unrestricted right to use, re-use, broadcast, or publish their name, city of residence, photo, video tape, film or any other likeness, including portraits and pictures, in whole or in part, as part of a composite, retouched or distorted in character or form, their voice, recorded or live, and any and all written materials, including emails and blogs, provided to the Station and Healthé Trim as part of the Challenge, in hard copy, electronic format or otherwise (collectively, “Challenge Materials”), for any reason the Station and Healthé Trim deem necessary without compensation, unless prohibited by law. All entrants, Finalists and Challenge Participants release, discharge, and agree to save harmless the Station and Healthé Trim, their parent and subsidiary companies, affiliates, members, directors, officers, employees, agents and representatives from any and all claims they may have against the Station and/or Healthé Trim in connection with the taking, production, and/or the use of the Challenge Materials. All entrants, Finalists and Challenge Participants further acknowledge that the Station and Healthé Trim own or will own exclusively all Challenge Materials, including the copyrights in them, regardless of the form in which they have been or may be produced and used, and all entrants, Finalists and Challenge Participants assign all such ownership rights to the Station and Healthé Trim.
14. By participating in the Challenge, entrants, Finalists and Challenge Participants agree to be bound by the decisions of all Healthé Trim and Station representatives. Persons who violate any rule, gain unfair advantage in participating in the Challenge, or obtain Finalist or Challenge Participant status using fraudulent means will be disqualified. Unsportsmanlike, disruptive, annoying, harassing or threatening behavior is prohibited. The Station and Healthé Trim will interpret these rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the Challenge and the decisions of the Station and Healthé Trim concerning such disputes shall be final. If the conduct or outcome of the Challenge is affected by human error, any mechanical malfunctions or failures of any kind, intentional interference or any event beyond the control of the Station or Healthé Trim, the Station and Healthé Trim reserve the right to terminate the Challenge, or make such other decisions regarding the administration or outcome as the Station and Healthé Trim deem appropriate. All decisions will be made by the Station and Healthé Trim are final. The Station and Healthé Trim may waive any of these rules in its sole discretion. ANY ATTEMPT BY AN ENTRANT, FINALIST, CHALLENGE PARTICIPANT, OR ANY OTHER INDIVIDUAL TO DELIBERATELY CIRCUMVENT, DISRUPT OR DAMAGE ORDINARY AND NORMAL OPERATION OF THIS CHALLENGE, TELEPHONE SYSTEMS OR WEBSITES, OR UNDERMINE THE LEGITIMATE OPERATION OF THE CHALLENGE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, STATION AND HEALTHE TRIM RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
15. The Station and Healthé Trim reserve the right to limit the number of times an individual may enter a contest or drawing.
16. Participating Sponsor: Healthé Trim