1st Phorm Athlete Search Terms & Conditions
NO PURCHASE NECESSARY TO ENTER OR TO WIN. VOID WHERE PROHIBITED. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. PARTICIPATION IN THE PROMOTION CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE OFFICIAL RULES. Individuals who participate in the Contest or submit an entry are sometimes referred to herein as an “Entrant.”
Sponsor: 1st Phorm International, St. Louis, MO (“Sponsor”).
Eligibility: Contest is open only to individuals who are at least eighteen (18) years of age on the entry date. Employees, agents, officers, directors, members, managers and owners of Sponsor, and each of their respective parents, subsidiaries, affiliates, owners, members, directors, managers, officers, employees and their advertising agencies, promotional partners and prize providers associated with this Contest (collectively, the “Contest Entities” and each a “Contest Entity”), and their immediate families (spouse, domestic partner, parents, legal guardians, grandparents, grand children, siblings, children and “step” of each) and those individuals living in their same household are not eligible to win.
Contest Period: The Contest Period begins 12:00am September 6th, 2016 and will end at 11:59pm on May 31st, 2017. Times are central standard time.
How to Enter: Limit one (1) entry per person. Any attempt by an Entrant to obtain more than the allowable entries by using multiple/different e-mail address, identities or any other methods will void all of such Entrant’s entries. Sponsor reserves the right to verify eligibility of all Entrants. Illegible and/or incomplete entries and entries submitted by Entrants who do not meet the eligibility requirements are void.
Winner Selection and Notification: Winner selected will be judged by four (4) qualified judges, to be chosen by Sponsor, in their sole discretion and will consist of employees of Sponsor. The winners will be selected by the judges based upon the following criteria, in the judge's sole discretion: (a) best body definition and physical attributes (20%), (b) ability to increase social media following through unique, innovative, and creative social media posts) (40%), (c) ability to motivate and inspire and influence their social media followers through inspiring, motivational, educational, and/or humorous social media posts (40%). Winners will be chosen on or about June 19, 2017, and will be notified via social media posts and by email or telephone. The Potential Winner will be required to sign and return within ten (10) days of notification attempt by Sponsor, an Affidavit of Eligibility, Liability and Publicity Release, including the potential winner’s full name and street address (no P.O. Boxes) within the Contest Area, or the prize will be forfeited and an alternate potential winner may be selected by Sponsor (and in such case this process will be repeated).
Prizes: One (1) prize winner will be eligible to receive the applicable prize (the “Prize”) specified in the Rules Supplement.
No portion of the Prize may be transferred, or substituted, except by Sponsor (in its sole discretion), which reserves the right to substitute any portion of the Prize with a prize of equal or greater value for any reason, including, without limitation, Prize unavailability. All expenses not specifically identified as included in the Prize are the sole responsibility of the Prize winner. The Prize, and all elements thereof, are subject to availability. The Prize is awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied (including, without limitation any implied warranty of merchantability or fitness for a particular purpose). Acceptance, participation in and/or use of the Prize is at winner’s sole risk and Sponsor is not responsible for any damages whatsoever including special, indirect, or consequential damages, arising out of or in connection with the use and/or misuse of the Prize.
Prize winner will be solely responsible for all federal, state and local taxes and fees and other expenses associated with his/her Prize receipt and/or use that are not expressly included in the Prize description. The Prize winner may be issued a 1099 tax form for the approximate retail value of the Prize. Failure to take or complete any portion of the Prize does not relieve the Prize winner of his/her tax obligations associated with winning the Prize.
Prize Conditions: Except where prohibited by law, the Prize winner’s entry and acceptance of the Prize constitutes the winner’s irrevocable, sub-licensable, absolute right and permission for the Contest Entities, to use, publish, post or display said Prize winner’s name, photograph, likeness, statements, biographical information, voice, city and state address, Prize information, any quotes attributable to him or her and any other indicia of persona (regardless of whether altered, changed, modified, edited, used alone, or used with other material in the Contest Entities’ sole discretion) for any purpose, including but not limited to advertising, trade, promotional and publicity purposes, on a worldwide basis, and in all forms of media now known or hereafter devised, in perpetuity, without further authorization, notification, opportunity to review, approval or compensation of any kind, and each Entrant releases all Contest Entities from any and all liability related thereto. Nothing contained in these Official Rules obligates the Contest Entities to make use of any of the rights granted herein and Prize winner waives any right to inspect or approve any such use.
General Conditions: This contest is subject to all applicable federal, state and local laws. By participating, entrants agree to be bound by these Official Rules and the decisions of Sponsor. Entrants waive any right to claim ambiguity in the Contest or these Official Rules. All Entrants agree to follow the Official Rules and release, discharge, hold harmless and indemnify the Contest Entities and each of them (collectively, the “Released Parties”) against any and all liability, damages or causes of action (however named or described), with respect to or arising out of any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in any promotional-related activity or participation in this Contest. In consideration for being awarded the Prize, or any portion thereof, Prize winner hereby agrees and consents, without further authorization, compensation or remuneration of any kind, to the use of Prize winner’s name and/or likeness in any and all advertising, promotions and other publicity conducted by Contest Entities, except where prohibited by law. Sponsor reserves the right to modify the scheduling of the Contest without prior notification, and the right to make changes or additions to these Official Rules for any reason at any time. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
By entering, Contestants agree that Sponsor, its affiliates and licensees may use Contestant's names, likeness, the Images, video, personal information, and statements made by Contestant to Sponsor or by Contestant on social media, information on the entry form for advertising and promotional purposes in all media worldwide (including the internet) without additional compensation Contestant irrevocably grants the right to edit or modify and to publish and copyright the foregoing.
Any Submitted Photographs or photographs or video posted on the internet exhibiting Entrant's, Contestant’s or any other person’s nipples or genitals will be rejected and will result in disqualification from contest. The determination of whether any image exhibits nipples or genitals is in the sole discretion of Sponsor.
Use of Personal Information: In order to participate in the Contest, Entrants will be required to supply certain information about themselves on the Contest entry pages. Sponsor has specified which information is mandatory in order to participate in the Contest. This information will be used by Sponsor for the purposes of administering the Contest, and may be shared with other Contest Entities.
Release: WINNERS AND ENTRANTS RELEASE, DISCHARGE, AND AGREE TO INDEMNIFY AND HOLD HARMLESS, THE SPONSOR, CONTEST ENTITIES, AND THEIR RESPECTIVE MANAGERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS AND REPRESENTATIVES FROM AND AGAINST ANY LIABILITY FOR ANY DAMAGES, INJURY OR LOSSES, TO ANY PERSON (INCLUDING DEATH), OR PROPERTY, OF ANY KIND RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY FROM ACCEPTANCE, POSSESSION, MISUSE OR USE OF THE PRIZE, ANY PORTION THEREOF OR PARTICIPATION IN ANY PROMOTION RELATED ACTIVITY OR PARTICIPATION IN THIS CONTEST.
Limitations of Liability: The Contest Entities are not responsible for late, lost, damaged, misdirected, incomplete, illegible, undeliverable, destroyed, and/or lost, late, misdirected, undeliverable or incomplete entries due to system errors or failures, or faulty transmissions and/or entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete or garbled computer or telephone transmissions, or for any problems or technical malfunction(s) of any telephone network or lines, computer online systems, servers or providers, computer equipment, or entries not received by Sponsor on account of technical problems or traffic congestion on computer networks, or any combination thereof, including any injury or damage to participant's or any other person's computer related to or resulting from participating in the promotion or downloading any material for the Contest, or other telecommunications malfunctions which may limit an entrant's ability to participate. Sponsor may prohibit an Entrant from participating in the Contest or winning the Prize if, in its sole discretion, it determines that said Entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other Entrants or Sponsor representatives. Any attempt by any person to deliberately damage any website or undermine the legitimate operation of the Contest is a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. If for any reason this Contest is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, or any other causes beyond the reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the promotion, then Sponsor reserves its right at its sole discretion to cancel, terminate, modify or suspend the Contest.
Further Liability Limitations: To the maximum extent permitted by law, in no event will SPONSOR be responsible or otherwise liable for any damages or losses of any kind, including direct, indirect, incidental, consequential or punitive damages related to the promotion, including any access to or use of the website or any downloading from or printing material from the website. Everything on the website is provided “as is” without warranty of any kind, either expressed or implied, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions may not allow limitations or exclusions of liability for incidental or consequential damages or exclusion of implied warranties so some of the above limitations or exclusions may not apply. Winners agree that all prizes are provided “as is” without any warranty, representation, or guarantee, express or implied, in fact or in law, whether now known or hereinafter enacted, relative to the use or enjoyment of the prize, including, without limitation, its quality, merchantability, or fitness for a particular purpose. Further, no responsibilities are accepted for any additional expenses, omissions, delays, or re-routing resulting from any acts of any government or authority.
Disputes: Except where prohibited, Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate state or federal court located in St. Louis, Missouri (ii) any and all claims, judgments and awards on behalf of Entrant shall be limited to actual out-of-pocket costs incurred, if any, including costs associated with entering this Contest, but in no event attorneys’ fees, and in no event to exceed two hundred fifty dollars ($250); and (iii) 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; and (iv) this Contest and any dispute arising under or related thereto (whether for breach of contract, tortious conduct or otherwise) will be governed by the internal laws of the State of Missouri without giving effect to its conflicts of law or choice of law principles or rules that would cause the application of any other state’s laws
Odds of Winning: Odds of winning depend on the number of eligible entries received in a Contest Period and ability to meet selection criteria.