I.
OFFICIAL CONTEST RULES
NO PURCHASE NECESSARY. No Payment Of Any Kind Is
Necessary To Enter Or Win the "Balance10" Video
Promotion (the "Promotion"). A Purchase Will Not
Improve Your Chances of Winning. You Are Not a
Winner Yet. The sponsor of the contest is
FarSuperior Concepts, LLC. (FarSuperior),
Fountain Hills, AZ.
HOW THE PROMOTION WORKS
Participants must submit a video three minutes
or less safely evidencing the lifestyle changes
achieved during the period of ten (10) weeks (a
"Video"). Any illegal, illicit or dangerous
activities or feats performed in your Video (as
determined in FarSuperior's sole discretion)
will result in your disqualification.
Participants must follow all instructions to
enter. Participants are to provide details on
the benefits and changes they received through
the use of the recommendations and advise
received from the Lifestyle Experts.
A Note of Caution. Everyone, including the
entrants to the Promotion, should seek medical
advice before beginning any diet or exercise
program. Participants in the Promotion may not
enter if they have used Ephedra or any other
weight loss/gain supplements, anabolic steroids
or any strength-enhancing prescription drugs or
medications unless prescribed by a physician to
treat a pre-existing medical condition
(medication and medical condition must be noted
in the entry). All participants may be required
to sign an affidavit of eligibility confirming
their compliance with the foregoing and these
official rules.
To enter, go to www.balance10.com/index2 (the
Web Site) and fully complete the entry form
there. Entries must be received between 12:01
a.m. EST on January 15, 2010 and 11:59 p.m. EST
on July 25, 2010. Multiple entries of different
activities are permitted. Mechanically
reproduced entries will not be accepted. Entries
must be complete, original to entrant and not
submitted to or published by any other web site
or publication. Entries will be deemed to have
been submitted by the authorized account holder
of the e-mail address submitted at the time of
the entry. "Authorized account holder" is
defined as the natural person who is assigned to
an e-mail address by an Internet access
provider, online service provider or
organization (e.g., business, educational
institution, etc.) that is responsible for
assigning e-mail addresses for the domain
associated with the submitted e-mail address.
Entries cannot be acknowledged or returned and
become the property of FarSuperior upon receipt.
Participants must follow all instructions to
enter. Entrants by entering this promotion
automatically consent to receive promotional or
expertial e-mails from FarSuperior Concepts,
LLC.
Click here for FarSuperior's privacy policy .
Eligible entries will consist of all of the
following components: (a) Entrant's complete
contact information, and (b) Video of entrant's
lifestyle changes, completely following the
instructions on the Web Site.
Notes on the Videos: Each Video has to be one of
these file formats: .3GP, .AVI, .DV, h.264,
.MPEG2, .MPEG4, Quicktime, or .WMV. The maximum
file size for each Video upload is 100 MB. The
platforms/operating systems you canćupload from:
Windows: WinXP, WinXP SP2, Win2000 and Mac:
MacOSx 10.2 and later. Browsers you can use:
Windows browsers: IE 6, IE 7, Firefox 1.5,
Firefox 2.0, Mac browsers: Safari, IE, or
Firefox. The Video cannot be retouched or
doctored in any other way that obscurses or
enhances the feat. The Video must be digital and
under 100MB in size. Videos that show men that
do not fully cover genitalia and the posterior
will not be accepted. Videos that show women
that do not fully cover the breasts, genitalia
and posterior will not be accepted. Copyrighted
videotape will not be accepted unless a signed
release of use to FarSuperior from the
videographer is also submitted. The uploading of
the Videos shall be governed generally by the
Brightcove "General Terms and Conditions " and
the specific additional terms with regard to
uploading of video content set forth below.
By entering (or otherwise participating in this
promotion), participants expressly agree and
consent to the following:
Each participant assumes all risk of injury,
harm, or loss of any kind arising from
participation in the Balance10 "Promotion".
Always consult with a physician or health-care
provider before starting any new exercise,
nutrition, or supplementation program;
particularly those who suffer from any medical
condition or regularly use prescription or
over-the-counter medications. If an entrant is
not experienced with dieting or strength
training, or changing their exercise program,
they are advised to consult with a qualified
trainer or coach. Participants in the Promotion
expressly release FarSuperior, its parent
companies, subsidiaries, Lifestyle Experts and
affiliates, and the officers, directors and
employees of each from all risk, loss, injury,
damage, or harm that may arise from
participating in the Promotion.
Consent to the use of their names, video or
other likenesses, testimonials essay and other
biographical information (in whole or in part)
for any and all purposes, including, but not
limited to, advertising, trade and/or promotion
on behalf of FarSuperior, without further
limitation, restriction or compensation, unless
prohibited by law. The submission of the entry
also constitutes permission for FarSuperior to
publish all aspects of the entry in any and all
media worldwide without limitation or additional
compensation to entrant and to use the submitted
information for purposes of marketing and
promotion, subject to FarSuperiorÍs privacy
policies and to the extent permitted by law.
WHO CAN ENTER
Promotion open only to legal residents of the 50
United States and the District of Columbia who
are 18 years of age or older; who have a valid
U.S. driverÍs license at the time of entry and
prize. Employees of FarSuperior, and their
respective affiliates, subsidiaries, promotion
and advertising agencies, and members of their
immediate families or households are not
eligible. Promotion subject to all federal,
state and local laws and regulations and is void
outside of the U.S. and wherever prohibited by
law. THE FOLLOWING CONTEST IS VALID IN THE 50
UNITED STATES AND D.C. DO NOT ENTER THIS CONTEST
IF YOU ARE NOT A LEGAL RESIDENT OF AND CURRENTLY
RESIDING IN THE 50 UNITED STATES OR D.C.
HOW ENTRANTS WILL BE JUDGED
On Oct 10, 2010, the Lifestyle Experts and
Management of The Epicurean Club will select the
top ten (10) semi-finalists from all eligible
entries received based on the experts' opinion.
Entries will be judged by the expert's on how
well the feat demonstrates overall strength,
coordination, and fitness. Entrant's scores are
confidential and will not be disclosed.
The entries (Videos and relevant personal
information such as names, hometown) of the ten
(10) semi-finalists will then be publicly posted
on the Web Site between Oct 25, 2010 and
November 30, 2010 for online voting. Visitors to
the Web Site can submit as many individual votes
as they wish for their top semi-finalist based
on the same criteria as the experts. The three
(3) semi-finalists that receives the most votes
as of November 30, 2010, will become the
finalists. The finalists will endure a further
round of screening and consideration by the
experts of The Epicurean Club as well as
personal telephone interviews to confirm the
contents of the finalists' entries. On or before
June 22, 2010 the experts of The Epicurean Club
will then select the Grand Prize Winner as the
person who demonstrated the most impressive feat
of his/her physical fitness.
The ten (10) potential semi-finalists will be
notified by e-mail on or about June 18, 2010.
Each semi-finalist will be sent and then
obligated to sign and return an Affidavit of
Eligibility and Release of Liability within 7
days. In the event of noncompliance within this
time period, an alternate semi-finalist will be
selected from among the other eligible entries
submitted. The finalists will be notified of
their status by a posting on the Web Site. The
Grand Prize Winner will be notified by e-mail on
or about July 2, 2010. Any prize or prize
notification returned to FarSuperior as
undeliverable may result in forfeiture of the
prize and the awarding of that prize to an
alternate winner from among the other eligible
entries submitted. Selection of all
semi-finalists, finalists and ultimately, the
Grand Prize Winner is under the supervision of
FarSuperior, whose decisions are binding and
final in all respects relating to the Promotion.
The Grand Prize Winner may also be recognized on
the Web Site and may be featured in other ways.
DISCLAIMER
FarSuperior, and its parent companies,
subsidiaries and affiliates, and the officers,
directors and employees of each, shall not have
any obligation or responsibility with regard to
(i) entries that contain inaccurate information
or do not comply with these rules, (ii) entries,
prize claims or notifications that are lost,
late, incomplete, illegible, unintelligible,
damaged or otherwise not received by the
intended recipient, in whole or in part, due to
computer, technical or human error of any kind,
(iii) telephone, electronic, hardware, software,
network, Internet or computer malfunctions,
failures or difficulties, or (iv) any inability
of the winner to accept the prize for any
reason; (v) inability to award a prize for any
reasons including without limitation delays or
interruptions due to Acts of God, natural
disasters, terrorism or weather; or (vi) any
damages or losses of any kind caused by any
prize or resulting from awarding, acceptance,
possession, use, misuse, loss or misdirection of
any prize or resulting from participating in
this promotion or any promotion or prize related
activities. FarSuperior, in its sole discretion,
reserves the right to disqualify any person
tampering with the entry process or the
operation of this promotion or otherwise
violating these rules. If FarSuperior
determines, in its sole discretion, that
technical difficulties or unforeseen events
outside of its control compromise the integrity
or viability of the promotion, FarSuperior
reserves the right to void the entries at issue,
modify the promotion and/or terminate the
relevant portion of the promotion and, in such
case, to award the prize from among all valid
entries received prior to the time such action
was taken. If the Contest is terminated or
modified due to technical difficulties or
unforeseen events, notice will be posted on the
MensHealth.com homepage.
CONSUMER DISCLOSURE
The Grand Prize is a ten year membership with
The Epicurean Club (approximate retail value of
$3,470.00), and a one year mentoring program
with the Lifestyle Expert of the winner's
choice. (approximate retail value of $4,000.00),
"Subject to the availability of such a mentoring
program by the Lifestyle Expert." The ten (10)
semi-finalist prizes consist of a one (1) year
membership to The Epicurean Club (retail value
of $347.00 each). All other expenses not
specifically listed herein are the winnersÍ
responsibility including, but not limited to,
sales taxes, gratuities and all other incidental
expenses. All federal, state and local taxes are
the sole responsibility of the winners. No
transfer or substitution of prizes except at
FarSuperior's sole discretion. Prize values are
in U.S. currency. Substitution of a prize of
equal or greater value (or a cash equivalent)
will be awarded in case of prize unavailability.
All prizes will be awarded within 1 year of
receipt of valid and executed winners' affidavit
or prize confirmation. However, any portion of
the prize not accepted by the winner will be
forfeited.
Questions regarding this contest should be
directed to: Legal Department - Promotion, 12031
N. Colony Drive, Fountain Hills, Az 85268.
FarSuperior is not liable for payment of any
prize to entrants who have violated these
official rules. Void where prohibited by law.
All federal state, provincial & local laws &
regulations apply.
ADDITIONAL PROMOTION TERMS AND CONDITIONS
REGARDING UPLOADING VIDEOS
1. Promotion Participation. Participation in the
Promotion is subject to FarSuperiorÍs prior
approval and your continued compliance with the
terms of this Promotion. FarSuperior reserves
the right to refuse participation to any
applicant or participant at any time in its sole
and absolute discretion, and to withdraw
content, suspend, restrict and/or terminate your
participation in the Promotion, immediately
without notice to you and without liability to
FarSuperior, for any reason, including repeat
violations of our copyright policy or other
program policies.
2. Your Videos. All content including but not
limited to video files, graphics, music, sound,
images, files, photos, animation, artwork, text,
data, information, messages, closed captioning,
metadata, music, hypertext links, scripts or
other material uploaded by you and contained
within or provided by you in association with
such content, including but not limited to all
images, is referred to collectively as
"Authorized Content." FarSuperior shall have no
obligation whatsoever to return any materials
uploaded by you. FarSuperior disclaims all
liability relating to your Authorized Content.
3. Prohibited Conduct/Prohibited Content. You
may not submit any content (including Authorized
Content) that contains any pornographic,
infringing, hate-related, violent or illegal
content demonstrates any illicit, illegal or
dangerous activities, or code or technologies
which interfere with or maliciously degrade the
intended operation, performance, or security of
the Web Site or any other personÍs website,
system, or personal computer. You also agree
that you will not:
A. Upload, post, email, otherwise transmit any
Authorized Content that is unlawful, harmful,
threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, pornographic,
libelous, invasive of privacy or publicity
rights, hateful, or racially, sexually,
ethnically or otherwise objectionable.
B. Upload, post, email, otherwise transmit any
Authorized Content that promotes illegal
activity, including without limitation the
provision of instructions for illegal activity.
C. Upload, post, email, otherwise transmit any
Authorized Content that exploits the images of
children under 18 years of age, or that
discloses personally identifying information
belonging to children under 18 years of age or
harms minors in any other way.
D. Impersonate any person or entity or falsely
state or otherwise misrepresent your affiliation
with a person or entity or employ misleading
email addresses or falsify information in the
header, footer, return path, or any part of any
communication.
E. Upload, post, email, otherwise transmit any
Authorized Content that you do not have a right
to transmit under any law or regulation or under
contractual or fiduciary relationships (such as
inside information, or proprietary and
confidential information learned or disclosed as
part of employment relationships or under
nondisclosure agreements) or upload, post,
email, otherwise transmit, or post links to any
Authorized Content that infringes any patent,
trademark, service mark, trade secret, copyright
or other proprietary rights ("Rights") of any
party, or contributes, induces or facilitates
such infringement.
F. Upload, post, email, otherwise transmit any
unsolicited or unauthorized advertising,
promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," or any other
form of solicitation, except in those areas that
are designated for such purpose.
G. Conduct your own contests and promotions or
upload, post, email otherwise transmit to any
Authorized Content regarding any raffle, contest
or game requiring a fee by participants.
H. Intentionally or unintentionally violate any
applicable local, state, national or
international law, including, but not limited
to, regulations promulgated by the U.S.
Securities and Exchange Commission, any rules of
any national or other securities exchange,
including, without limitation, the New York
Stock Exchange, the American Stock Exchange or
the NASDAQ, and any regulations having the force
of law or use the Web Site to sell, purchase, or
offer to sell or purchase any registered or
unregistered securities, or upload, post, email,
otherwise transmit, or post links to any
material that is false, misleading, or designed
to manipulate any equity, security, or other
market.
4. Grant of License. By uploading, sending or
otherwise making available your Authorized
Content to FarSuperior, you are directing and
authorizing FarSuperior to, and granting
FarSuperior and its affiliates, subsidiaries,
assigns, licensees and legal representatives, an
irrevocable, perpetual, worldwide royalty-free,
right and license to host, cache, route,
transmit, store, tag, insert ad insertion
software, copy, modify, distribute, perform,
display, reformat, excerpt, facilitate the sale
or rental of copies of, analyze, and create
algorithms based on the Authorized Content in
order to (i) host the Authorized Content on
FarSuperior's or its agentÍs servers, (ii) index
the Authorized Content; (iii) display, perform
and distribute the Authorized Content, in whole
or in part, all in any form, medium or
technology now known or later developed, online
or offline and by any means of delivery, for
expertial, commercial, promotional and all other
purposes in connection with FarSuperior products
and services now existing or hereafter
developed, including without limitation the
right to adapt to streaming, downloading,
broadcast, mobile, digital, thumbnail, scanning
or other technologies and for syndication on
third party sites; and in connection with each
of the uses, if any, of the Authorized Content.
This license gives FarSuperior the right to
display your Authorized Content via streaming
and/or downloading technologies, and to display
limited excerpts of your Authorized Content for
no fee to the end user. FarSuperior reserves the
unlimited and unfettered right to display
advertisements in connection with any display of
your Authorized Content. Notwithstanding the
foregoing, FarSuperior is not required to host,
index, or display any Authorized Content
uploaded or otherwise provided to FarSuperior,
and may remove or refuse to host, index or
display any Authorized Content. FarSuperior is
not responsible for any loss, theft,
intellectual property infringement or damage of
any kind to the Authorized Content. In addition,
FarSuperior cannot guarantee that technical
difficulties will not occur during the upload of
the Authorized Content or that the Authorized
Content will upload successfully or be displayed
or viewed by end users in any manner. You waive
any right to inspect or approve uses of the
Authorized Content or to be compensated for any
such uses.
5. Authority to Upload Content. By uploading or
otherwise providing your Authorized Content to
FarSuperior, you represent and warrant to
FarSuperior the following: (a) you are at least
18 years of age and a legal resident of the 50
United States and/or the District of Columbia;
(b) all of the information provided by you to
FarSuperior to enroll and participate in the
Promotion is correct and current; (c) the
Authorized Content is not, in whole or in part,
pornographic or obscene; (d) you hold and will
continue to hold the necessary rights, including
but not limited to all copyrights, trademark
rights and rights of publicity in and to your
Authorized Content and your name and other
provided information to enter into this
Promotion and to grant the rights granted
herein; (e) you have the legal right and
authority to enter into this Promotion, to
perform the acts required of you, and to grant
the rights and licenses. You further represent
and warrant that (i) the Authorized Content and
the rights and licenses granted to FarSuperior
and FarSuperiorÍs authorized use of your
Authorized Content (including the public
display, public performance, distribution and
reproduction of your Authorized Content): (i) do
not and will not violate any applicable law,
statute, ordinance or regulation and (ii) do not
breach and will not breach any duty toward or
rights of any person or entity including,
without limitation, rights of intellectual
property, publicity or privacy, or rights or
duties under consumer protection, product
liability, tort or contract theories.
FarSuperior respects the intellectual property
of others. FarSuperior does not, however,
independently confirm that all of your
Authorized Content is provided by a valid rights
holder. In the event that FarSuperior becomes
aware that any of your Authorized Content has
been provided by a person who is not a valid
rights holder, FarSuperior may, in appropriate
circumstances and at its discretion, disable
and/or terminate the publication of such
Authorized Content. Subject to the licenses you
are granting to FarSuperior, you retain all
right, title and interest, including without
limitation all worldwide intellectual property
rights, in and to your Authorized Content. While
you retain ownership of all right, title, and
interest in the Authorized Content itself, you
agree that FarSuperior owns all right, title,
and interest in any compilation, collective
work, or other derivative work created by
FarSuperior using or incorporating the
Authorized Content. You acknowledge that
FarSuperior may have limited ability to prevent
or identify infringement of your intellectual
property and so FarSuperior assumes no
responsibility for preventing, monitoring or
enforcing such intellectual property rights in
any manner.
6. Your Obligation to Indemnify. You agree to
indemnify, defend and hold FarSuperior and its
respective directors, officers, employees, and
applicable third parties (e.g. relevant
advertisers, syndication partners, licensors,
licensees, consultants and contractors)
(collectively "Indemnified Person(s)") harmless
from and against any and all third party claims,
liability, loss and expense (including
reasonable legal fees, damage awards, and
settlement amounts) brought against any
Indemnified Person(s) arising out of, or related
to or which may arise from your Authorized
Content, your name and other provided
information and FarSuperior's authorized use of
any of the foregoing. The Indemnified Persons
may in their sole discretion control the
defense, at your expense, of any claim
indemnified herein. In the event that the
Indemnified Parties determine not to control the
defense of any claim hereunder, any Indemnified
Person may join in defense with counsel of its
choice at its own expense. You will not settle
or resolve any such claim in a manner that
imposes any liability or obligation on
FarSuperior or affects FarSuperiorÍs rights in
connection therewith without the advance written
approval of FarSuperior.
7. Termination; Withdrawal of Content. You may
withdraw your Authorized Content from public
display in the Promotion by providing
FarSuperior with a written request sent to
"Balance10" Contest, The Epicurean Club 12031 N.
Colony Drive , Fountain Hills, AZ 85268.
FarSuperior will use commercially reasonable
efforts to remove your Authorized Content from
public display within thirty (30) days from
receipt of notice of termination or withdrawal.
FarSuperior may, at any time, in its sole
discretion and without liability to you,
terminate the Promotion or withdraw any
Authorized Content from the Promotion. In the
event that FarSuperior fails to remove such
requested Authorized Content within thirty (30)
days after your request for removal, FarSuperior
shall not be liable to you for damages or
charges of any kind in an amount greater than
fifteen ($15) dollars in total.
By entering, you acknowledge you have read the
Official Terms, Conditions and Rules governing
the Promotion, and you agree to be bound by
them. |
