ELIGIBILITY: The #givefit Social Contest (the “Contest”) is open only to legal residents of the fifty (50) United States and District of Columbia (excluding Puerto Rico, Samoa, Guam, the US Virgin Islands, and any other US territories and protectorates and/or to members of the U.S. military who reside at APO/FPO addresses outside of the U.S.), who are eighteen (18) years of age or older at the time of entry (“Contestant”). Membership to Instagram and/or Twitter is free. Employees, contractors, members, and agents of Bodybuilding.com or Liberty Media Corporation (and companies owned by Liberty Media), and members of their immediate family (including spouses, parents, siblings, children and their respective spouses) and persons living in the same household with any such individual are ineligible. Contestant may submit multiple entries. In order to be eligible, Contestant must follow these Rules. Failure to comply with these Rules may result in ineligibility of Contestant. Contest is void where prohibited or restricted by law.
SPONSOR: This Contest is sponsored by Bodybuilding.com, LLC located at 5777 N. Meeker Ave, Boise, Idaho 83713 U.S.A. (“Sponsor”). This promotion is not sponsored, endorsed, or administered by or associated with Instagram or Twitter.
TO ENTER: The Contest will run from 12:01 am MT on December 3, 2015 and ends at 11:59 pm MT on December 10, 2015. To enter the Contest, Contestant must post a photo or video tagging an inspirational individual via Instagram or Twitter using the hashtag #givefit. All submissions must be publicly viewable to be judged for the Contest. Contestant may submit multiple entries. Sponsor reserves the right to disqualify any Contestant in their sole discretion. False, deceptive or incomplete entries shall render the Contestant ineligible.
PHOTOS: By submitting a photo or video, Contestant assigns all right, title and interest to Sponsor and on their behalf or on behalf of the copyright holder (if different from Contestant). Sponsor is not obligated to publish a credit to the original copyright holder for the publication of the photo. Contestant agrees to hold Sponsor harmless, defend, and indemnify Sponsor from any and all liabilities, loss, claims, or causes of actions, including reasonable attorneys’ fees and expenses that may be incurred by Sponsor, arising out of or relating to Contestant’s breach of any representation or warranty related to the photo or any other violation of these Rules.
SUBMISSION REQUIREMENTS: Upload a photo or video through Instagram or Twitter tagging an inspirational individual and explaining why they deserve this nomination (optional). The Contestant must include in the photo the hashtag #givefit. Submissions may not contain material which is (or promotes activities which are) in Sponsor’s sole discretion, hateful, slanderous, libelous, tortious, sexually explicit, obscene, pornographic, inappropriate, violent, discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal, offensive, threatening, profane, or harassing; or contain material that is threatening to any person, place, business or group.Submission of Images and entry in the Contest constitutes Contestant’s consent to use the Images on Sponsor’s websites and associated or affiliated websites in perpetuity without compensation. Contestant represents and warrants that he or she has all rights to the Images and all materials submitted in connection with the Contest. Contestant grants a perpetual, royalty-free, non-exclusive license of the Images and any materials submitted in connection with the Contest to Sponsor. Sponsor will decide, in its sole discretion, whether or not to accept Contestant’s photographs or other materials. Sponsor will not be responsible for any financial reimbursement to the original copyright holder for the right to publish the Images as provided herein. Sponsor will not be held under any obligation to publish a photo credit to the original copyright holder for the publication of an Image. Contestant agrees to hold Sponsor harmless, defend and indemnify Sponsor from any and all liabilities, loss, claims, or causes of action, including reasonable attorneys’ fees and expenses that may be incurred by Sponsor, arising out of or relating to Contestant’s Images or any violation of the Rules.
WINNER SELECTION: On or about, December 11, 2015, one (1) grand prize nominee and their nominator (Grand Prize Winners) and five (5) runner-up nominees and their nominator(s) (Runner-Up Winners), subject to eligibility requirements, will be selected to win the prizes as described below (the “Selected Contestants”).
The Selected Contestants will be chosen by judges based on creativity and most inspirational description. The judges will consist of Sponsor’s employees qualified to apply the judging criteria, in Sponsor’s sole discretion. All decisions of Sponsor are final. The Selected Contestant will be notified through Instagram or Twitter using the username(s) associated with the Submission. Sponsor shall have no liability for any notification to Selected Winner that is lost, intercepted, delayed, or not received by the potential winner for any reason.
PRIZES: One (1) Contestant and their nominator (Grand Prize Winners) will each receive a prize package including one (1) B-Elite Fuel stack (approximate retail value $99.86 USD), one (1) Bodybuilding.com Supplement Stack including Scream, Amino Recovery, Protogen, Post Protocol, Multicore and Inciner-8 (approximate retail value $200.35 USD) and Bodybuilding.com Clothing and accessories (approximate retail value $200.00 USD) (“Grand Prize Package”).
Five (5) Contestants and their nominators (Runner-up Prize Winners) will each receive a prize package including one (1) B-Elite Fuel stack (approximate retail value $99.86 USD), one (1) Bodybuilding.com Supplement Stack including Scream, Amino Recovery, Post Protocol and Multicore (approximate retail value $102.84 USD) and Bodybuilding.com Clothing and accessories (approximate retail value $100.00 USD) (“Runner-up Prize Package”).
Sponsor shall notify Selected Contestants on or about December 11, 2015. The total approximate retail value of all the prizes is $4,027.42 USD.
No transfer, substitution, or cash equivalent for any prizes will be permitted, except at the sole discretion of the Sponsor due to unavailability of prizes for any reason, including but not limited to cancellation, scheduling conflicts, or force majeure. Any remaining components of the prize will be awarded and the Sponsors’ obligation to the Selected Contestants will be fulfilled, and no additional compensation will be provided. Sponsor reserves the right to substitute prizes of equal or greater value.
The prizes do not include taxes, insurance, personal expenses, gratuities, incidental charges, or any other items not specifically described in these Rules and all expenses for any of the foregoing are the sole responsibility of the Selected Contestants. The Selected Contestants are responsible for reporting and paying all federal, state, and local taxes. Sponsor reserves the right to transfer, substitute prizes, or provide a cash equivalent for any prizes. Sponsor may substitute prizes of equal or greater value.
ADDITIONAL REQUIREMENTS: All Selected Contestants agree to sign any documentation requested by Sponsor, including, without limitation, an Affidavit of Eligibility/Release of Liability/Prize Acceptance Form when selected and upon presentation of said form(s) by Sponsor. If any document is returned to Sponsor as undeliverable or if Sponsor does not receive a response from any Selected Contestant within fourteen (14) business days of attempted notification, such Selected Contestant may be disqualified and the prize will be awarded to an alternate Selected Contestant. Selected Contestants will be required to participate in media coverage and/or events at Sponsor’s request. Should the Selected Contestant be unable or unwilling to fulfill the obligations outlined in the Rules, a substitute winner will be named.
PERSONAL INFORMATION: Any personal information that Contestants and Selected Contestants submit in connection with the Contest will be collected and used by Sponsor and their authorized agents to administer the Contest and award the prizes. Contestant’s personal information may also be used to send additional information about Sponsor, their affiliates and licensees, in accordance with applicable law. Except as set forth herein, Contestant’s personal information will not be used for any other purpose and will not be shared with anyone else, unless required by law.
RELEASE: In consideration of the acceptance of Selected Contestant’s entry in the Contest and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Contestant hereby takes action for themselves, their executors, administrators, agents, representatives, spouse, children, heirs, next of kin, successors, and assigns, and acknowledges and agrees as follows: (a) to be bound by the Rules; (b) that participation in the Contest is voluntary; (c) Contestant is not a minor; (d) Contestant is of sound mind and body and have not been advised otherwise by qualified medical person; (e) Contestant possesses all rights and faculties necessary to execute, deliver and perform this agreement; (f) certifies that Contestant meet all eligibility requirements as set forth in the Rules, which I have read, understand, and agree to; (g) certifies that all photographs Contestant submits for the Contest will depict only Contestant, will not be altered in any manner whatsoever, will be owned by Contestant and not require the consent of any other third party rights holder; (h) Contestant is fully aware and assumes the risk of illness, accidents, injury, death, personal injury, bodily harm, emotional stress, psychological harm, property damage and all dangers potentially arising from or in connection with participation in the Contest.
Further, Contestant irrevocably grants to Sponsor the right to edit, modify and/or publish and copyright the Images. Sponsor does not make any warranty, representation or guarantee, express or implied, in fact or in law, relative to the use of any prize, including, without limitation, quality, merchantability and fitness for a particular purpose.
DISCLAIMER AND RELEASE OF LIABILITY: By entering, Contestant agrees: (a) to release Instagram, Twitter, Sponsor and its agents from all liability, loss or damage arising out of or relating to the Contest, including with respect to the Contest, interpretation of these Rules, decisions by the judges, and Contestants’ acceptance and use/misuse of the prize; (b) to be bound by these Rules; and (c) that Sponsor, its affiliates and licensees may use Contestant’s name(s), likeness, biographical information, social media username, the images, personal information, and statements made by Contestant to Sponsor, the Submission(s) in whole or in part in any and all media for any purpose, including without limitation advertising and promotional purposes, as well as in, or in connection with the Contest and/or other promotions conducted by Sponsor, and information on the entry form for advertising and promotional purposes in all media worldwide without additional compensation. Contestant irrevocably grants to Sponsor the right, in its sole discretion, to edit, composite, morph, scan, duplicate, alter, publish, modify, copyright, or otherwise use each Submission for any purpose which Sponsor deems necessary or desirable (including, without limitation, posting on its Site), and each Contestant irrevocably waives any and all rights Contestant may have therein. Sponsor does not make any warranty, representation or guarantee, express or implied, in fact or in law, relative to the use of any prize, including, without limitation, quality, merchantability and fitness for a particular purpose.
Sponsor is not responsible for any incorrect or inaccurate entry information, human error, technical malfunction, failures, omission, interruption, deletion, or defect of any telephone network, computer online systems, computer equipment, servers, access providers, or software, including any injury or damage to Contestant’s or any other persons’, computer relating to or resulting from participation in this Contest; inability to access the entry website or any pages thereof; theft, tampering, destruction, or unauthorized access to, or alteration of entries; entry submissions that are processed late or incorrectly or are incomplete, garbled, or lost due to computer or electronic malfunction or traffic congestion on the Internet or any website. Contestant agrees proof of entering information at website is not considered proof of delivery or receipt. All dates set forth in these Rules are approximate.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT TO THE CONTRARY, SPONSOR SHALL NOT BE LIABLE TO CONTESTANT OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOST PROFITS), EVEN IF SPONSOR HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. Sponsor reserves the right to terminate, suspend, withdraw or amend the Contest for any reason.
The invalidity or unenforceability of any provision of these Rules shall not affect the validity and enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein.
GOVERNING LAW; JURISDICTION: This Contest will be governed by and construed in accordance with the laws of the state of Idaho without regard to conflict of law principles. Any controversy arising under, in connection with or in any way relating to this Contest shall be adjudicated before a state or federal court of competent jurisdiction located in Boise, Ada County, Idaho, U.S.A. Contestant and Sponsor (i) accept, generally and unconditionally, the exclusive jurisdiction of such court and any related appellate court, and irrevocably agrees to be bound by any judgment rendered thereby in connection with this Contest and (ii) irrevocably waives any objection it may now or hereafter have as to the venue of any such suit, action or proceeding brought in such a court or that such court is an inconvenient forum.