Kaged Muscle “Tawna Eubanks Bikini-Ready Body Trainer Challenge” Contest
The following Contest is intended for legal residents of the United States of America, Canada, and the United Kingdom only. Do not enter this Contest if you are not located in the USA, Canada, or the UK at the time of entry.
SPONSOR/ADMINISTRATOR: The “Tawna Eubanks Bikini-Ready Body Trainer Challenge” Contest (the “Contest”) is sponsored by Kaged Muscle, 101 Main Street STE 360, Huntington Beach, CA 92648 (the “Sponsor”) and administered by American Sweepstakes & Promotion Co., Inc., 300 State St. Suite 402 Rochester, NY 14614 (the “Administrator”).
ELIGIBILITY: The Contest is open and offered only to legal residents of the United States (including the District of Columbia), Canada (excluding the province of Quebec), or the United Kingdom, who are at least eighteen (18) years of age at the time of entry. Employees of the Sponsor, the Administrator, their immediate families (parent, child, sibling or spouse) and household members and any other persons or entities associated with the Contest (in the Sponsor’s sole discretion) are ineligible to enter or win. Void where prohibited or restricted by law.
AGREEMENT TO OFFICIAL RULES:By participating, those who enter the Contest (“Entrants”) agree to abide by and be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to the Contest. Winning a Prize (as defined below) is contingent upon fulfilling all requirements set forth herein.
TIMING:The Contest will be defined by the three (3) following time periods:
The Sponsor’s database clock is the official time-keeping device for the Contest.
HOW TO ENTER: Eligible Entrants can enter the Contest during Entry Period #1 by completing each of the following steps:
Eligible Entrants can complete their Contest entry during Entry Period #2 by returning to the Website and uploading an “after” photo. “After” photo must be a photograph of the Entrant (only). The photograph must be taken on the day the photo is submitted. Each Entrant must have a visible newspaper in the photo showing the date (of submission). Limit one (1) entry per person.
Entries received before 11:59:59 a.m. ET May 13, 2018, must submit “After” photos by 11:59:59 p.m. ET on July 10, 2018.
Entries received between 12:00:01 a.m. May 14, 2018, and 11:59:59 p.m. May 20, 2018, must submit “After” photos within two (2) days upon completion of the program.
The program is 56 days total, with an additional two (2) day grace period to submit “After” photos.
ENTRY REQUIREMENTS/RESTRICTIONS: Once submitted, an entry cannot be deleted, canceled or modified. In order to be eligible, entries must actually be received by Sponsor during the Submission Period. Entries received by Sponsor before the start of the Submission Period or after the end of the Submission Period will be discarded and deemed VOID. For purposes of this Contest, an entry is “received” when the Website’s servers record the entry information. Proof of submitting a Contest entry form online (such as an automated computer receipt confirming entry or “thanks for entering” screen or message) will not be deemed by Sponsor to constitute proof of actual receipt by Sponsor of an entry for purposes of this Contest. Those who do not follow all of the instructions, do not provide the required information in their entry form, or do not abide by these Official Rules or other instructions of Sponsor will be disqualified. All entries become property of Sponsor and will not be returned or acknowledged. Entries made by any other individual or any entity, and/or using any e-mail address other than the Entrant’s or any other website, including, without limitation, commercial promotion subscription notification and/or entering service sites, will be declared invalid and disqualified. Your submission of an entry constitutes your representation of eligibility, consent to participate in Contest and consent for Sponsor to obtain, use, and transfer your name, address, photograph and other information for the purpose of Contest administration.
Entrants represent and warrant that their submitted entry is the original work of the Entrant, has not been previously published, has not won previous awards, and does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity and must have been created in a legal and safe manner. If the entry contains any material or elements that are not owned by the Entrant or provided by the Sponsor, and/or are subject to the rights of third parties, the Entrant is responsible for obtaining, prior to submission of the entry, any and all releases and consents necessary to permit the use and exhibition of the entry by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness releases for any person who appears in or is identifiable in the entry (collectively, the “Clearances”). By submitting an entry, an Entrant warrants and represents that he or she consents to the submission and use of the entry in the Contest.
By submitting an entry, each Entrant: 1) irrevocably grants the Released Parties a royalty-free non-exclusive license throughout the world to use, re-use, copy, publish, republish in whole or in part, edit, add to, modify, and rearrange the entry in whatever media without further permission, consideration or payment to the Entrant, except where prohibited; 2) warrants and represents that the Entry is entirely the original creation/work of the Entrant and that use of the Entry as described herein will not violate any law or infringe upon the rights, title, claim or interest of any third party; and 3) certify that Entrant is the creator and sole copyright owner of the Entry.
Entries may not contain any image or depiction of the following: (i) materials which include or constitute trademarks, trade names or copyrighted works created or owned by any person or entity other than Entrant or for which the Entrant has obtained owner’s written permission to use (Sponsor’s discretion); (ii) materials bearing profanities, or bearing the name or likeness of any celebrity, living or dead; (iii) materials which contain visible identifiable or potentially identifiable personal information, including but not limited to, phone numbers, website links, street addresses, e-mail addresses or license plate numbers; (iv) inappropriate behavior for a general audience; (v) any depiction of real or simulated sexual acts; (vi) violence in any form; (vi) materials which violate anyone’s reasonable privacy expectations, violate any known agreement, or which are defamatory in nature; (viii) materials which are derogatory to Sponsor, or any affiliated entity or person; (ix) materials which are discriminatory based on race, religion, national origin, physical disability, age, sex, or sexual orientation or preference; (x) materials in which any person identifiably appears unless Entrant has obtained an appropriate written release from such person granting all rights required herein; and, (xi) materials which do not comply with all other requirements in these Official Rules. Entries that do not conform to these guidelines will be disqualified. Sponsor reserves the right to reject or disqualify any entry which Sponsor, in its sole and absolute discretion, determines to be inconsistent with the letter or spirit of the Official Rules or potentially damaging to its, the Contest’s, or another’s image or reputation.
GENERAL CONDITIONS:If for any reason the operation or administration of this Contest is impaired or incapable of running as planned for any reason, including but not limited to: (a) infection by computer virus, bugs, (b) tampering, unauthorized intervention, (c) fraud, (d) technical failures, or (e) any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, the Sponsor reserves the right at its sole discretion, to disqualify 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 and award the Prizes (defined below) using all non-suspect eligible entries received as of, or after (if applicable) this cancellation, termination, modification or suspension date, or in any manner that is fair and equitable and best conforms to the spirit of these Official Rules. Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the entry process or the operation of the Contest or Sponsor’s Website; or (b) acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to the identity of a winner based on an email address, the winning entry will be declared by the authorized account holder of the email address submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Contest, Entrants agree to release and hold harmless the Sponsor, the Administrator, their respective parents, employees, officers, directors, subsidiaries, affiliates, distributors, sales representatives, advertising and promotional agencies (collectively, the “Released Parties”) from and against any claim or cause of action arising out of participation in the Contest or receipt or use of any Prize, including, but not limited to: (a) any technical errors that may prevent an Entrant from submitting an entry; (b) unauthorized human intervention in the Contest; (c) printing errors; (d) errors in the administration of the Contest or the processing of entries; or (e) injury, death, or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Contest or receipt of any Prize. Released Parties 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, or alteration of, entries. Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participation in this Contest or downloading any materials in this Contest. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Contest, and in no event shall the Released Parties be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
WINNER DETERMINATION: During the Judging Period, each entry will be reviewed by a qualified judge or panel of judges appointed by the Sponsor. Each entry will be judged based on the clear relationship between the submission and the following criteria: Sponsor’s determination of overall body transformation (from Before photo to After photo) (50%) and Quality of submitted photos (50%). Once all entries have been graded, the Sponsor will identify one (1) potential Grand Prize Winner, two (2) First Prize Winners, and seven (7) Second Prize Winners based on the judges’ scoring/ranking according to the aforementioned criteria and interview process. All decisions of the Sponsor (and appointed judge(s)) are final and binding. All potential Winners will be contacted by the Sponsor via email.
PRIZES: There will be one (1) Grand Prize (“Grand Prize”), two (2) First Prizes (“First Prize”), and seven (7) Second Prizes (“Second Prize”)awarded following the conclusion of the Contest. The Grand Prize Winner, upon the Sponsor’s verification of eligibility, will receive the following Prize package:
The Grand Prize package has an approximate retail value (“ARV”) of $1,891.61.
Each First Prize Winner, upon the Sponsor’s verification of eligibility, will receive the following Prize package:
Each First Prize package has an approximate retail value (“ARV”) of $791.61.
Each Second Prize Winner will receive a $100 KM gift card.
Total Contest Prize Pool - $4,174.83.
If actual value of a Prize is lower than the stated ARV when the Prize is procured and fulfilled, then the difference will not be awarded. By accepting a Prize, the Winners agree to release the Released Parties from any and all liability whatsoever for any injuries, losses, or damages of any kind caused by entering the promotion or for damages of any kind caused by any Prize or resulting from acceptance, possession, or use/misuse of Prize awarded. This Release does not apply to claims for personal injury or death caused by the negligence of Sponsor or Administrator. All other expenses, including, but not limited to taxes, not specifically mentioned herein are the responsibility of the Winners. The Prizes are not exchangeable, transferable, or redeemable for cash. There are no substitutions unless specified by the Sponsor. The Sponsor reserves the right in its sole discretion to substitute any Prize (or Prize component) with another Prize of equal or greater value
ADDITIONAL PRIZE CONDITIONS:Each Grand Prize Winner and First Prize Winner will be required to sign a Liability/Publicity Release (where legal), along with a copy of a valid government-issued driver’s license or identification card, and return the documents within seven (7) days of written notification. If a Prize or Prize notification is returned as unclaimed or undeliverable to the potential Winner, if the potential Winner cannot be reached via phone within three (3) calendar days from the first notification attempt, or if the potential Winner fails to return requisite document within the specified time period, or if potential Winner is not in compliance with these Official Rules, then such person shall be disqualified and, at Sponsor’s sole discretion, an alternate Winner may be selected. The Winners are solely responsible for all local, state, and federal taxes associated with the receipt of the Prize. The Grand & First Prize Winners will each receive a 1099-MISC IRS form for the value of the Prize (applicable to U.S. winners only).
Should a selected Prize Winner be a Canadian citizen, the selected Entrant must answer correctly without assistance of any kind, whether mechanical, electronic or otherwise, a mathematical skill-testing question posed by mail or telephone. If the selected Entrant fails to correctly answer the question he/she will be disqualified and another Entrant will be randomly selected. The potential Prize Winner who correctly answers the skill-testing question will be notified by telephone and/or mail and/or email at the Sponsors’ discretion using the contact information provided at the time of entry. If the potential winner is determined to be less than the age of majority in his/her province of residence, then the potential winner will be disqualified and an alternate winner will be selected in their place.
By accepting a Prize, where permitted by law, the Winners grant to the Released Parties and those acting pursuant to the authority of Sponsor and the Released Parties (which grant will be confirmed in writing upon Sponsor’s request), the right to print, publish, broadcast and use worldwide IN ALL MEDIA without limitation at any time a Winner’s full name, portrait, photos of home (before and after), picture, voice, likeness and/or biographical information for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification. IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THIS CONTEST OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZES. By participating, Entrants release and agree to hold harmless the Released Parties from any and all liability for any injuries, death or losses or damages to persons or property AS WELL AS CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY that may arise from participating in this Contest or its related activities or the acceptance, possession, use or misuse of, or any harm resulting from the acceptance, possession, use or misuse of the Prizes. The Winners also acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prizes.
DISPUTES: Except where prohibited, you agree that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of California. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
WINNERS LIST REQUEST: To request confirmation of the name, city, and state of each Prize Winner, please send a self-addressed, stamped business size envelope, by August 31, 2018, to: ASC/KM “Tawna Eubanks” Contest Winners List Request, 300 State St., Suite 402, Rochester, NY 14614.