THE TRAINING CLUB 30 DAY CHALLENGE
ABOUT THE CHALLENGE:
The Training Club 30 Day Challenge (collectively the “Challenge”) is sponsored by Oomph Athletic Inc. - DBA The Traininig Club (“Sponsor”). The Challenge is open to all residents of the United States over 18 years of age. (Must be 21 years of age if a resident of the State of Michigan or the District of Columbia.)
The Challenge begins on June 15, 2012. To enter the Challenge, you must first preregister on Truestar.com through TheTrainingClub.com's web link in one of the five categories for the Challenge: Weight Loss, Healthy Aging, Optimal Wellness, Muscle Building, and Energy Support (“Categories”). You may preregister at any time, provided that it is no less than 30 days before you submit an entry. See HOW TO ENTER below. You may pre-register at any time.
After you preregister, you will be able to view information regarding the Truestar Nutrition, Truestar Exercise, Truestar Attitude, and Truestar Sleep programs (“Programs”), as well as the program of Truestar multivitamins customized for each Category. Follow each of the Programs for your Category, as well as the multivitamin program if you choose, for 30 days. After the 30 days, create and post an original video on YouTube.com documenting your results. See VIDEO REQUIREMENTS below.
Prize will be awarded in the 30 Day Challenge. See PRIZES below.
HOW TO ENTER:
No purchase is necessary. THIS CONTEST IS VOID WHERE PROHIBITED BY LAW.
You must preregister in order to submit an entry for the Challenge. To preregister, visit the Challenge website at Truestar.com through TheTrainingClub.com's link and choose the Category you intend to submit an entry in, click the “Enroll” button, and complete the web form (which requires your name, address, telephone number, email address, weight, age, chosen Category, and other questions that tell us more about you) as requested on the website. When all required fields are completed, click the “Submit” button to complete your preregistration. You may preregister until 11:59 p.m. ET on August 31, 2012. Preregistration does not automatically grant the right to enter the Challenge An email confirmation with directions for accessing a personalized Challenge Dashboard on the website will be sent to the email address you provided. You can download the information regarding the Programs customized for your chosen Category. If you also wish to follow the Truestar multivitamin program customized for your Category, you may click on the “Store” button or the link provided to purchase the multivitamins.
30 Day Challenge
To enter the 30 Day Challenge, you should follow the Programs for your Category (as well as the multivitamin program for your Category if you choose) as closely as possible for 30 days. After 30 days, you should create and post on YouTube.com an original video documenting your results on the Programs, and the multivitamin program if applicable (“Video”). The Video should demonstrate and discuss the physical, mental, emotional, and experiential changes which have occurred as you followed the Programs and the multivitamin program if applicable. The Video should also talk about your experience as a member of The Training Club. See VIDEO REQUIREMENTS below. After creating and posting your Video, you may then complete your entry for the 30 Day Challenge by submit the link to your Video using the form provided on TheTrainingClub.com/challenge.
To be eligible to enter the 30 Day Challenge, you must have preregistered, and at least 30 days must have elapsed between preregistration and the date of your entry. Qualifying entries for the 30 Day Challenge will be accepted from July 5, 2012 at 12:01 pm ET (the “Start Date”), until 11:59 am ET on September 30, 2012.
Limit one (1) entry to the Challenge per person/email address permitted. If it is discovered that you attempted to enter the Challenge more than once, all your entries will be void. Entries will be rejected if preregistration is not correctly and fully completed, if Videos are not properly uploaded, if Videos are not viewable by the Judges for any reason, if a link to the Video is not properly submitted, if any Video does not conform to the requirements listed in VIDEO below, or if an entry is deficient or incomplete in any way, in the Sponsor’s sole determination. Preregistration alone does not constitute entry, nor does it guarantee the right to enter. The Sponsor, its advertising and promotion agencies and the Challenge judges are not responsible for late, lost, misdirected, delayed, incomplete, defective, inaccessible, or incompatible entries.
WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER PERSON TO DELIBERATELY DAMAGE THE CHALLENGE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CHALLENGE MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. IF ANY SUCH ATTEMPT IS MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL FEES) FROM ANY SUCH ENTRANT OR OTHER PERSON TO THE FULLEST EXTENT PERMITTED BY LAW
Your submitted Video must never have been previously exhibited publicly or selected as a winner in any other contest. To be eligible for entry in the Challenge, your Video must meet the following requirements:
- Videos must be in digital format, uploaded to and viewable on YouTube.com. Only online entries will be eligible. Videos must be no longer than 120 seconds in length. If videos are not in English, they must contain English subtitles.
- Videos must not include performance of any copyrighted media production, including but not limited to music, photographs, or video footage, which is not originally created by you or a member of your immediate family. All media featured in any Video must be available to publicize and broadcast on a license-free, no compensation basis.
- All Videos must comply with the applicable YouTube terms of service and specifications for video uploads.
- Videos must be in their entirety a single work of original material created by you or a member of your immediate family.
Additionally, by participating in the Challenge, each entrant agrees to be bound by these Official Rules (the “Rules”) and by the interpretation of these Rules by the Sponsor, and further warrants and represents that each Video:
- is original to him/her and that the entrant has all necessary rights in and to the Video and all of its components to enter the Video in the Challenge;
- does not and will not violate any law, statute, ordinance or regulation;
- does not depict or contain any reference to third parties unless consent has been obtained from all such individuals will not give rise to any claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party, or give rise to any claims for payment whatsoever; and
- is not and will not be defamatory, trade libelous, pornographic or obscene, and further that it will not contain, include, discuss or involve, without limitation, any of the following:
- Explicit, graphic or excessive sexual activity;
- Crude, vulgar or offensive language and/or symbols;
- Derogatory characterizations of any ethnic, racial, sexual or religious groups;
- Content that endorses, condones or discusses any illegal or inappropriate activity, behaviour or conduct;
- Personal information of individuals, including without limitation, names, addresses (physical or e-mail), phone and/or fax numbers;
- Conduct or other activities in violation of these Rules;
- Commercial messages, comparisons or solicitations for products or services (other than the Sponsor’s products);
- Any commercial products and/or their trade-marks, brands, logos or endorsements (other than the Sponsor’s products). For example, any clothing worn in the Video must not contain any visible logos, trade-marks or other third party materials;
- URLs or links to any websites; and
- Any other content that is or could be considered inappropriate, unsuitable or offensive, as determined by the Sponsor and/or the Challenge judges in their sole discretion.
The Sponsor and/or the Judges reserve the right to disqualify from the Challenge any Video, entry or entrant that they deem, in their sole discretion, to violate the terms and conditions set forth in these Rules.
The Challenge is open to all permanent residents of the United States who: (i) are over the age of 18 years at the time of entry, except for residents of the State of Michiganwho must be over the age of 21 years at the time of entry. This contest is not open to officers, employees (and those with whom such officers or employees are domiciled and their immediate family members – spouse, parent, child, sibling) or agents of the Sponsor, their advertising and promotion agencies and the Challenge judges.
The following prizes will be awarded in the 30 Day Challenge:
- One (1) Grand Prize, consisting of a one-year Standard Membership to The Training Club for one person, as selected by The Training Club (approximate retail value of each prize: $1,099). The Prize will be awarded to, and must be used by, the person participating in the Challenge..
All prizes (each a “Prize”) must be accepted as awarded. No substitutions will be allowed. Non-cash Prizes cannot be exchanged for cash. However, Sponsor reserves the right to substitute a prize of equal or greater value in Sponsor’s sole discretion. Prizes will be awarded in accordance with the Winner Selection process described below. Prizes will only be awarded to the person whose name and e-mail address appears on the entry form.
WINNER SELECTION PROCESS:
The Sponsor will initially screen all entries that are submitted during the Challenge Period. Any entry or Video (“collectively “Material”) that the Sponsor deems, in its sole discretion, to violate the terms and conditions set forth in these Rules will automatically be disqualified from the Challenge.
All Videos that are deemed appropriate will be submitted to a panel of three executive officers of the Sponsor (“Judges”) for evaluation. The Judges will evaluate the Video submissions on the basis of the expression in the Video of the entrant’s skill in applying the Programs and the multivitamin program, if applicable, to the entrant’s circumstances to create physical, mental, emotional and experiential changes for the entrant, and the entrant’s skill in reflecting these changes in the entrant’s Video. The evaluation of the Judges is final and will not be revealed to any entrant.
Starting on or about October 1, 2012 and finishing on October 31, 2012, the 30 Day Challenge entrants’ Videos will be reviewed by the Judges, and the Prize winners will be selected by the Judges on October 31 2012. The entrants selected to win 30 Day Challenge Prizes will be notified on or before November 15, 2012.
BEFORE BEING DECLARED A WINNER, each selected entrant must sign and return within 10 business days of notification a declaration and release prepared by the Sponsor, which, among other things: (i) assigns all intellectual property, including copyright, in and to his/her Materials and waives his/her moral rights therein in favour of the Sponsor; (ii) agrees to indemnify the Sponsor, its advertising and promotion agencies and the competition judges against any and all claims, damages, liabilities, costs, and expenses arising from use of his/her Materials, including without limitation, any claim that his/her Materials infringe a proprietary interest of any third party; and (iii) states that the winner is responsible for reporting and paying any income or other taxes relating to the Prize. In addition, BEFORE BEING DECLARED A WINNER, each selected entrant must sign an agreement (“Winner’s Agreement”) prepared by Sponsor, which, among other things states that:
- Sponsor shall have the right to use his/her Video, photograph or other likeness for two years from the date the Prize is awarded without further notice or compensation, in any publicity or advertisement carried out by the Sponsor in any manner whatsoever, including print, broadcast or the Internet;
- Winner must agree to provide Sponsor with current contact information for a period of one year from the date on which the Prize is awarded;
If a selected entrant cannot be contacted by phone or email within 10 days after notification, fails to return the contest documents within the specified time, or does not agree to the terms and conditions set forth in the Winner’s Agreement, then he/she will forfeit their opportunity to be a winner and either an alternate selected entrant will be chosen by the Judges, or the Prize which the selected entrant would have received will not be awarded.
CHANCE OF WINNING:
The chances of an entry being selected by the Judges to receive any Prize will depend on the number and quality of the eligible entries received in the Category in which an entry is submitted, the degree to which the entrant’s Video reflects physical, mental, emotional and experiential changes undergone by the entrant while following the Programs, and evaluation of the entrant’s Video by the Judges. In addition, the Sponsor may open the Challenge to residents of additional jurisdications, as well as those listed in these Rules. If the number of jurisdictions is increased, the pool of potential entrants will be increased, and this may mean that a greater number of entrants will enter the Challenge; your chances of winning may be reduced if this occurs. No purchase is required at any time; entrants who choose to follow the multivitamin program in their Category will not be evaluated differently for that reason from entrants who do not follow the multivitamin program.
LIMITATION OF LIABILITY
By entering the Challenge, all entrants agree to release, discharge, and hold harmless Sponsor and its parent companies, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective 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 entry or participation in the Contest or receipt or use or misuse of any prize.
Sponsor assumes no responsibility for any of the following in connection with the Contest: any error, omission, interruption, deletion, defect, or delay in operation or transmission; communications line failure; theft or destruction of or unauthorized access to Videos, Contest entries, or votes of Judges; or alteration of entries or votes of Judges. In addition, Sponsor is not responsible for: (1) incorrect or inaccurate transcription of entry information or late, lost, stolen, illegible, incomplete, misdirected, or entries received through impermissible or illegitimate channels, all of which will be disqualified; (2) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer, network, hardware or software; (3) the unavailability or inaccessibility of any service; (4) unauthorized human intervention in any part of the entry process or the Challenge; (5) electronic or human error which may occur in the administration of the Challenge or the processing of entries; (6) any injury or damage to persons or property, including but not limited to entrant’s computer, which may be caused, directly or indirectly, in whole or in part, from the entrant’s participation in the Challenge or from downloading any material from the Sponsor’s website, regardless of whether the material was prepared by the Sponsor or any third party, and regardless of whether the material is connected to the Sponsor’s website by hypertext link. If, for any reason, an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, the entrant’s sole remedy is to submit another entry in the Challenge. If it is not possible to submit another entry due to the discontinuance or closing of the Challenge, or any part of it, such entrant shall have no further remedies or entitlements.
By entering the Challenge, all entrants agree as follows: (i) that the Sponsor shall have right to publish, display, reproduce, modify, edit or otherwise use their Materials in whole or in part on the Sponsor’s website and/or for advertising or promoting the Challenge or for any other reason; (ii) to the use of their name, address, voice, Materials, statements about the Challenge and/or photograph or other likeness without further compensation, in any publicity or advertisement carried out by the Sponsor in any manner whatsoever, including print, broadcast or the Internet; and (iii) to release and hold harmless the Sponsor and its advertising and promotion agencies, the Judges and each of their respective agents, employees, directors, successors, and assigns, against any and all claims, injury or damage arising out of or in relating to participation in the Challenge, and further against any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related cause of action.
Without limitation, the Sponsor, its advertising and promotion agencies and the Judges will not be liable for any failure of the website during the Challenge; for any technical malfunction or other problems relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; for the failure of any communication to be received by the Sponsor, its advertising and promotion agencies or the Judges or the failure of any Video to be viewable by the Sponsor, its advertising and promotion agencies or the Judges for any reason including, but not limited to, technical problems or traffic congestion on the Internet or at any web site; or any combination of the above. Further, the Sponsor, its advertising and promotion agencies and the Judges will not be liable for any injury or damage to an entrant’s or any other person’s computer related to or resulting from participating or downloading any material in the Challenge.
The Sponsor reserves the right to withdraw or amend the Challenge or these Rules in any way, for any reason in its sole discretion, including without limitation in the event of an error, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of the Challenge as contemplated by these Official Rules. In the event the Challenge is withdrawn in accordance with these Rules, no Prizes will be awarded.
Any attempt to deliberately damage any website or to undermine the legitimate operation of this Challenge is a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law.
The Challenge is subject to all applicable federal, provincial, state and municipal laws. Void where prohibited by law. The decisions of the Judges with respect to all aspects of the Challenge are final and binding on all entrants without right of appeal.
By submitting an Entry, the entrant represents and agrees that all Materials comply with all conditions stated in these Rules. The Sponsor and those associated with them will bear no legal liability, expressed or implied, regarding the use of the Materials by the Sponsor and THE SPONSOR SHALL BE HELD HARMLESS BY AN ENTRANT IN THE EVENT IT IS SUBSEQUENTLY DISCOVERED THAT THE ENTRANT HAS DEPARTED FROM OR NOT FULLY COMPLIED WITH ANY OF THE RULES.
Entrants agrees that the Challenge shall be subject to and governed by the laws of the State of New York for registrants and entrants ordinarily resident in the United States (“US Residents”), and the forum for any dispute related to the challenge shall be in the State of California for US Residents. To the extent permitted by law, the right to litigate, to seek injunctive relief or to make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or on connection with the Challenge are hereby excluded and waived by the entrant. Except where prohibited, each entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with the Challenge or any prizes awarded shall be resolved individually, without resort to any form of class action, and exclusively by a court situated in the State of California for US Residents; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred by the entrant, but in no event legal fees; and (3) no punitive, incidental, special, consequential or other damages, including without limitation for lost profits may be awarded (collectively, “Special Damages”), and (4) entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. Certain restrictions may apply in some jurisdictions. An entry shall be void if the Sponsor determines any Materials to be not the entrant’s original work in whole or in part, or if the entry are illegible, incomplete, damaged, irregular, altered, counterfeit, produced in error, obtained through fraud or theft or otherwise non-compliant with these Rules.
By participating, Entrants also agree (a) to be bound by these Rules; and (b) that the decisions of the Sponsor are final and binding with respect to all matters relating to the Challenge. By accepting a prize, each winner agrees that the Sponsor may use each winning Video and each winner's name, photograph, likeness, and/or voice in any publicity or advertising relating to the Challenge without further compensation or approval (except where prohibited by law).
The Sponsor reserves the right to verify the validity and originality of any entry and/or entrant (including an entrant's identity and address), and to disqualify any entrant who submits an entry or vote, respectively, that is not in accordance with these Rules or who tampers with the entry or voting process. Failure by the Sponsor to enforce any of its rights at any stage does not constitute a waiver of those rights.
In the event of a dispute, entries will be deemed to have been submitted by the authorized account holder of the email address submitted at the time of preregistration. “Authorized account holder” is defined as the person who is assigned an email address by an internet provider, online service provider, or other organization (e.g. business, educational institute, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. If the identity of an online entrant is disputed, the authorized account holder associated with the email account at the time of entry will be deemed to be the entrant. A selected entrant may be required to provide proof that he/she is the authorized account holder of the email address associated with the selected entry. The sole determinant of the time for the purposes of a valid online entry in the Challenge will be the Sponsor’s server machine(s).
The Sponsor reserves the right to cancel or suspend the Challenge in the event of any accident, printing, administrative, or other error of any kind without prior notice or obligation of any kind. If for any reason the Challenge is not capable of running as planned, due to infection by computer virus, bugs, worms, trojan horses, denial of service attacks, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor that corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Challenge, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify, or suspend the Challenge. In such event, no prizes will be awarded. If Sponsor elects to cancel or terminate the Challenge under any of the circumstances described above, Sponsor will not retain any rights in the submitted entries/Videos.