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Mobile Fit & Wellness (“MF&W”) Keep It Off Challenge 2009 will be conducted in California.
Timelines and Deadlines
To enter, Contestants must have a body fat Bod Pod test done by MF&W which confirms their entry and starts their 8 week challenge period. A final Bod Pod test is required, which determines that individual’s total percentage of body fat lost. The final Bod Pod test must be completed on or before the 58th day (8 weeks plus 2 days) following their entry confirmation. The final test can be performed at any location that MF&W is conducting testing. MF&W testing schedule is posted at www.mobilefitandwellness.com. The fee for the two (2) mandatory body fat Bod Pod tests is currently $100.00. This entry fee may be changed at any time, at the sole discretion of MF&W. Contestants may enter the 8 Week Challenge more than once. However, each Contestant must complete a full consecutive 8-week challenge in order to be eligible to win and before entering into another Challenge round. Contestants are entitled to the $1000 Keep It Off Bonus only one (1) time per calendar year. Winners will be announced on or before the end of the month, following the completion month of the challenge. Winners will be notified by either phone, email or US mail and the announcement of winners will be posted on www.mobilefitandwellness.com/keepitoff
How You Will Be Judged
The Keep It Off Challenge judges will select a 1st, 2nd, 3rd, 4th and 5th place winner from all contestants who have completed both their first and final Bod Pod test. Judging will be based on the following criteria: highest body fat percentage lost; summary of how results were achieved, and, before and after photos. The review process includes evaluation of all three of these criteria, and decisions made may be based in whole or in part of each of these criteria. The judges will determine the Top 15 contestants and will select the five winners from those top 15. The judges will consider: (1) who lost the highest body fat percentage, and will review test results to confirm consistency in testing protocol; (2) confirm that appropriate attire was worn; (3) consider contestants’ testimonials; and (4) review before and after photos for (a) consistency and appropriateness of attire worn and (b) visible results achieved during 8 week period.
Who’s Eligible to Enter this Challenge?
Contestants must be at least 18 years of age. Individual health club facilities are required to have a minimum of 20 entries per 8 Week Challenge in order to qualify to compete. If there are not a minimum of 150 people signed up for any starting Challenge, MF&W can, at their discretion, combine Challengers’ into one Challenge. All contestants will be made aware of any changes by email. Contestants may not use anabolic steroids or any strength-enhancing prescription drugs or medications unless prescribed by a physician to treat an existing medical condition (medication and medical condition must be noted in the written portion of your packet). A medical note from the prescribing physician may be required. All prize winners will be required to sign an affidavit of eligibility, and may be drug and/or polygraph tested.
Details Regarding the Challenge
MF&W requires that appropriate attire be worn by contestants during the required body fat Bod Pod tests. Appropriate attire includes the following: Spandex, Lycra, or other Speedo type swimsuit, or Spandex or Lycra compression shorts and light-weight sports bra (no padding or wires). Contestants are required to conduct each test in the same apparel, or as close as possible. Inappropriate attire worn (loose, baggy, non-form fitting) can substantially affect the test results outcome, therefore, it is imperative that contestants present in appropriate attire. MF&W will use a wall-mounted measuring tape to verify height, and the Bod Pod scale to verify weight. Before & After photos must be taken by MF&W.
Regulations and Requirements
MF&W reserves the right to interpret these rules and, if necessary, to amend the rules at its sole discretion and without notice to individual contestants. Any amendments to the rules or changes in prizes will be published online at www.mobilefitandwellness.com/keepitoff. Rule interpretations and all judging decisions are final. All information and materials obtained and/or submitted become the sole and exclusive property of MF&W. Contestants’ scores are proprietary to MF&W and will not be disclosed. MF&W shall have the sole right in its sole discretion to disqualify any contestant without explanation for any reason at any stage of any 8 Week Challenge, and MF&W shall be fully and completely released and discharged from any liability or responsibility in this regard. Each contestant assumes all risk of injury, harm or loss of any kind arising from participation in the Keep It Off 8 Week Challenge. Consult with your physician or health care provider before starting any new exercise, or nutrition program. Contestants must notify MF&W in writing of any change of address or phone number. Winners who cannot be reached within ten (10) days at the address or phone number provided will be disqualified. Your entry in the Keep It Off 8 Week Challenge constitutes your express consent and permission for MF&W, and any of its affiliated companies, to use your name, photographs and written responses (in whole or in part) for promotional and advertising purposes to promote MF&W, in any media and in any manner whatsoever, without limitation or restriction or further consideration of any kind, and such consent is deemed given by your entry in the Keep It Off 8 Week Challenge. Entry in the Keep It Off 8 Week Challenge shall be deemed your acceptance of these Rules and Regulations (as may be amended) and your voluntary transfer to MF&W all right, title, and interest, including copyright, of your photographs and written responses.
Prizes and Approximate Retail Values
There will be five (5) prize packages awarded at the completion of the 8 Week Challenge. 1st Place consists of $2,000 cash prize, 2nd Place consists of $1,000 cash prize, 3rd Place consists of $750 cash prize, 4th Place consists of $500 cash prize, and 5th Place consists of $250 cash prize. All winners will receive $500 in personal training sessions from the winner’s health club, or if winner is not a member of a health club, or did not endorse a trainer during the contest, they can choose retail cash value of $250. Winners can also choose other optional awards and prizes as may be made available by MF&W. The additional Keep It Off $1,000 cash prize bonus is awarded to any of the 5 winners if contestant obtains a Bod Pod test from MF&W within 190 days of their final Bod Pod test performed during their 8 Week Challenge, and they have maintained or exceeded their body fat percentage lost during their 8 Week Challenge. If any of the winning contestants has a personal trainer that has been identified and confirmed within one (1) week of the start of their 8 Week Challenge, and that trainer is identified and confirmed at the time the winners are announced, each of those trainers will receive a $500 cash prize. If, for any particular Challenge, there is not a minimum of 150 individuals competing, the prize pools can be reduced proportionately as a result, at the sole discretion of MF&W. All cash prizes will be awarded in the form of a check. All prize values are in US dollars. All winners are responsible for all applicable taxes; prizes are not transferable; and there will be no substitutions for the prizes except at the option of MF&W in the event of unavailability. All winners must sign a declaration and release form confirming compliance with the contest rules, acceptance of the prize as awarded and releasing MF&W and its affiliates, its advertising and promotion agencies, the contest judges and their respective officers, directors, agents, representatives, successors and assigns from any liability in connection with Keep It Off 8 Week Challenge, the entrant’s participation therein and/or the awarding and use of the prize or any portion thereof.
Arbitration and Choice of Law
Except where prohibited by law, as a condition of participating in the Keep It Off 8 Week Challenge, contestant agrees that (1) any and all disputes and causes of action arising out of or connected with the Keep It Off 8 Week Challenge, or any prizes awarded in connection therewith, shall be resolved individually, without resort to any form of class action, and exclusively by a sole arbitrator in a binding, non-reviewable and non-appealable proceeding conducted in accordance with the arbitration rules of the State of California. Under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than participant’s actual out-of-pocket expenses (i.e., costs associated with entering this contest), and participant further waives all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of contestants and MF&W in connection with the Keep It Off 8 Week Challenge, shall be governed by, and construed in accordance with, the substantive laws of the State of California, USA. MF&W does not necessarily adopt or endorse, and does not accept any liability for, any statements or claims that are made by any retailer or partner or associate, or website content that is posted on retailer or partner or associate sites. Failure by MF&W to enforce any of its rights at any stage does not constitute a waiver of those rights. Sponsor: MF&W, PO Box 152, Walnut Grove, CA, 95690.
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