28 DAY BODY TRANSFORMATION CHALLENGE
Official Rules
CHALLENGE IS OPEN TO LEGAL RESIDENTS PHYSICALLY LOCATED IN ONE OF THE FIFTY (50) UNITED STATES OR THE DISTRICT OF COLUMBIA, [EXCLUDING THE STATE OF ARIZONA; IF THE CASH AND PRIZE POT EXCEEDS $5,000 NEW YORK AND FLORIDA WILL ALSO BE EXCLUDED], AND SHALL BE CONSTRUED AND EVALUATED ACCORDING TO U.S. LAW. DO NOT ENTER THIS CHALLENGE IF YOU ARE [A RESIDENT OF ARIZONA; OR NEW YORK AND FLORIDA IF THE CASH AND PRIZE POT EXCEEDS $5,000; OR] NOT LOCATED IN THE FIFTY (50) UNITED STATES OR THE DISTRICT OF COLUMBIA AND AT LEAST FOURTEEN (14) YEARS OF AGE. IF YOU ARE UNDER EIGHTEEN (18) YEARS OF AGE PARENTAL/LEGAL GUARDIAN CONSENT IS REQUIRED BEFORE ENTERING THE CHALLENGE.
1. Eligibility: [28 Day Weight Loss & Body Transformation Challenge] (the "Challenge") is open only to legal residents physically located in one of the fifty (50) United States or the District of Columbia, [excluding Arizona; If the cash and prize pot exceeds $5,000 New York and Florida will also be excluded], who are at least fourteen (14) years old at the time of entry. Any Challenger under the age of 18 will require Parent/Guardian written consent and agreement to rules. [Herbalife Distributors and their spouse; domestic partner; significant other; are ineligible]. The Challenge is subject to all applicable federal, state, and local laws and regulations and is void where prohibited.
2. Challenge Coordinator: [Libby Clark].
3. Agreement to Official Rules: Participation in this Challenge constitutes entrant’s full and unconditional agreement to these Official Rules and Challenge Coordinator’s decisions, which are final and binding in all matters related to this Challenge. Winning a prize is contingent upon fulfilling all requirements set forth herein. Entrant releases any and all rights to information submitted during the challenge, including all rights to photo(s) and video(s).
4. Challenge Period: The Challenge Period is from [September 30, 2024] at [12:01 a.m. CST] to [October 28, 2024] at [11:59 p.m. CST] (the “Challenge Period”).
5. How to Enter:
To enter Challenge, entrant(s) must register with his/her coach before the Challenge Period begins. All entrant(s) must pay [$25 Participation Fee and order 85 Volume Points of Herbalife products (minimum) required purchase] in order to enter. Entrant(s) must agree to:
1) All Participation Rules; and
2) Taking of before and after photos; and
3) Taking a 360 degree video; and
4) Release any and all rights and claims to these photos and videos, prior to Challenge Period Start.
6. Winner Determination: After the conclusion of the Contest, Contest Coordinator or one of his/her assigned coaches, or one of his/her assigned judges, in its sole discretion, will determine the winner(s) based on the following criteria (“Judging Criteria”):
Category #1
A Minimum of one (1) winner will be chosen for Category #1 prizes.
- 1st Place - Best Before and After Transformation based on photos and video;
- 2nd Place (if necessary) - 2nd Best Before and After Transformation based on photos and video;
- 3rd Place (if necessary) - 3rd Best Before and After Transformation based on photos and video;
- 4th through Nth Place (if necessary) will be awarded in the same manner.
Every participant must submit before and after photos, and a 360 degree video. [Photos] Individuals must wear the same clothing, and have the clothing located in the same position, in their before and after photos; the code word [specific to this challenge] for the before photos must be visible in each before photo; the code word [specific to this challenge] for the after photos must be visible in each after photo; [three before photos; and three after photos]. Individuals must pose in the correct position; [First Photo] - Front facing arms down 45 degree (approximate) angle from side of body with palms facing forward; [Second Photo] - Side facing arms straight out (arms at approximate 90 degree angle from side of body; before and after photos must show the same side); [Third Photo] - Rear facing arms flexed; same position in the before and after photos. [360 degree video] Individuals will submit a video that shows from the top of their head to the bottom of their feet where the individual turns slowly 360 degrees. Failure to meet all of these criteria will result in the photos and videos being downgraded, graded in last position, or disqualified, in the Transformation category [Category #1]. In the event of a tie, the Challenge Coordinator will determine tie breaking criteria, as determined by the Challenge Coordinator in his/her sole discretion.
7. Winner(s) Selection
On or about one week after the Challenge Period is over, Challenge Coordinator will notify the winner(s) [by Facebook Live Video in the Challenger Chat Group. Each potential Winner may be required to execute, have notarized and return an Affidavit of Eligibility, a Form W-9, and Release of Liability and, unless prohibited by law, Publicity, within seven (7) days of the date of notice or attempted notice. Failure to submit any identification required by Challenge Coordinator or to return the required documents within the specified time period, noncompliance with these Official Rules or the return of any Prize (or any portion thereof) or Prize Notification as undeliverable may result in disqualification and prize forfeiture and, at Challenge Coordinator’s sole discretion and time permitting, may cause an alternate potential Winner to be chosen.
8. Prize(s)
[A MINIMUM of ONE PRIZE] Will be awarded for Category #1.
[IF the number of entrants is 9 or less]
- One Category #1 prize
[IF the number of entrants is 13 or less]
- Two Category #1 prizes
- 1st Place will receive the top prize
- 2nd place will receive the 2nd prize, which will be less than the top prize
Prize dollar amounts will be figured and rounded at the sole discretion of the Challenge Coordinator, in order to make it easier for accounting purposes and prize giveaways. For additional prizes above 13 entrants, an extra place winner(s) will be added for every 4 additional entrants. This pattern shall repeat until the entire prize pool of money has been awarded.
Challenge coordinator will make every effort to award prizes within [2 weeks] of Challenge End Date. Prizes are non-transferable and no substitution will be provided, except as provided herein at the Challenge Coordinator’s sole discretion. Challenge Coordinator in its own discretion reserves the right to substitute a prize for one of equal or greater value, if the designated prize should become unavailable for any reason. Winners are responsible for all taxes (federal, state, local) and fees associated with prize receipt and/or use. An IRS 1099 form shall be issued to any Prize winner for tax reporting purposes if the cumulative value of the prize(s) exceeds $599. Any depictions of prizes are for illustrative purposes only. All prizes are awarded as is. Challenge Coordinator makes no representations or warranties about any prize. Limit: One (1) prize per person.
9. Release: By accepting a prize, the winner(s) (their parents/legal guardians if winners are minors in their jurisdictions of residence) agree to release and hold harmless the Challenge Coordinator, all participating Herbalife Distributors, and Herbalife, [Facebook, Instagram, Snapchat], and their respective parent companies, subsidiaries, affiliates, officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Challenge or receipt or use or misuse of any prize.
10. General Conditions: Challenge Coordinator reserves the right to cancel, suspend and/or modify the Challenge, or any part of it, if any fraud, technical failures or any other factor impairs the integrity or proper functioning of the Challenge, as determined by Challenge Coordinator in its sole discretion. If terminated Challenge Coordinator may, in its sole discretion, determine the winners from among all non-suspect, eligible entries received up to (and/or after, if applicable) time of such action using the judging procedure outlined above. Challenge Coordinator, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the entry process or the operation of the Challenge or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Challenge may be a violation of criminal and civil law, and, should such an attempt be made, Challenge Coordinator reserves the right to seek damages and other remedies (including attorneys’ fees) from any such person to the fullest extent permitted by law. Challenge Coordinator reserves the right to disqualify any individual for any reason in their sole discretion, this includes, but is not limited to; the right to disqualify any individual's before and after photos, or videos, for any reason in connection with Category #1. If any individual is disqualified for any reason they shall not be eligible for any other prize(s). Challenge Coordinator’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
In addition to the rights already reserved by the Challenge Coordinator; the Challenge Coordinator also reserves the right to disqualify any individual for taking improper before and after photos, or videos, in connection with Category #1.
Any entrants engaging in unsafe or unhealthy weight loss will be disqualified. Examples of unhealthy and unsafe practices shall include severe calorie restriction or fasting regimens, unbalanced diets which largely diminish or exclude intake from any major food group or macronutrient (such as a very low carbohydrate diet) or diets which result, on average, in the loss of more than 2 pounds/1 kilogram of body weight per week.
11. Limitations of Liability: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Challenge; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Challenge; (4) technical or human error which may occur in the administration of the Challenge, the announcement of the prizes or in any Challenge-related materials; (5) late, lost, undeliverable, damaged or stolen mail or emails; (6) 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 Challenge or receipt or use or misuse of any prize (including any travel/activity related thereto); or (7) any interruptions in or postponement, cancellation, or modification of the prize or Challenge. Challenge Coordinator is not responsible for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof.
12. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Challenge or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the [198th United States District Court for Kerr County Texas or the appropriate Texas State Court located in Kerr County, Texas]; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Challenge, but in no event attorneys’ fees; and (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, and 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 Challenge Coordinator in connection with the Challenge, shall be governed by, and construed in accordance with, the laws of the [State of Texas] without giving effect to any choice of law or conflict of law rules (whether of the [State of Texas] or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the [State of Texas].
13. Winner List: For a winner list, visit the Facebook Challenger Group. The winner list will be posted after winner confirmation is complete.
This Challenge is in no way sponsored, endorsed or administered by, or associated with, Herbalife. By entering the Challenge, you understand you are providing information to the Challenge Coordinator and not to Herbalife.
