Better YOU Transformation Challenge
Official Rules – No Purchase Necessary
The EFX Better YOU Transformation Challenge (the “Contest”) is open to all persons who are 18 years of age or older or the age of majority in Entrant’s place of residence at the time of entry (“Entrant”). Entrant may not be a national or legal permanent resident of the province of Quebec (Canada) or the following countries: Burma, Cuba, Iran, North Korea, Sudan or Syria. Entrants may not be members of any guild, union or other organization that may prohibit them from participating in this Contest and that would restrict, require due payment or otherwise have the right to oppose such Entrant’s participation in this Contest. Entrant must have an Instagram, Facebook, and/or Twitter account. Membership to Instagram Facebook, and/or Twitter is free. Employees of All American Pharmaceutical and EFX Sports are not eligible. In order to be eligible, Entrant must follow these Rules. Failure to comply with these Rules may result in ineligibility of Entrant. Contest is void where prohibited or restricted by law.
This Contest is sponsored by EFX Sports, located at 2376 Main Street, Billings, MT 59105 (“Sponsor”). This promotion is not sponsored, endorsed, or administered by or associated with Instagram, Facebook, or Twitter.
The Contest begins at approximately 12:00 a.m. EST on Monday, January 8, 2018, and ends at approximately 11:59 p.m. EST on Monday, March 2, 2017 (“Contest Period”). To enter, Entrant must upload their Submission (defined below) through the address provided on the EFX Sports website. Entrants should also post on Twitter, Facebook and Instagram using the hashtag #EFXBETTERYOU and tag @EFXSPORTS. All submissions must be publicly viewable to be judged for the Contest. Sponsor reserves the right to disqualify any Entrant in their sole discretion. False, deceptive or incomplete entries shall render the Entrant ineligible. IMPORTANT NOTICE TO ENTRANTS: ENTRANTS ARE RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN THEIR RESPECTIVE JURISDICTION. LIMIT ONE (1) ENRY PER PERSON.
By submitting a photo, Entrant assigns all right, title and interest to Sponsor and on their behalf or on behalf of the copyright holder (if different from Entrant). Sponsor is not obligated to publish a credit to the original copyright holder for the publication of the photo. Entrant 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 Entrant’s breach of any representation or warranty related to the photo or any other violation of these Rules.
To enter, Contestant must fill out registration form and submit three (3) “before” photographs of themselves between December 11, 2017, and January 7, 2018, in “JPG” (.jpg) format. The front view must include the present day’s newspaper with the date clearly showing or the contest hashtag (#EFXBETTERYOU) written or printed. Front body view, back body view, body side view (though not required, ¾ body or full body pictures are best for showing Contestant’s full transformation). Contestant must be clothed in a bathing suit or similar clothing. Contestant must also submit three (3) “After” photographs between March 4, 2018, and 11:59 p.m. EST March 10, 2018 (“Final Submission Period”), with the same requirements noted above. In no event will materials be accepted after 11:59 p.m. EST on March 10, 2018. Sponsor reserves the right to contact any Contestant who has entered the Contest to request resubmission of one or more of the “before” or “after” photographs (collectively the “Images”) or to request that Contestant submit additional Images. Any entries submitted by anyone other than the person appearing in the Images and entries submitted by modeling agencies or professionally produced or those that have been enhanced or altered will be rejected. 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.
All eligible Submissions will be judged by Sponsor, in its sole discretion, and whose decisions are final and binding in all matters relating to the Contest. Submissions will be judged based on the following criteria: best overall transformation with regard to the stated goals submitted by Entrant upon entering the Contest (“Judging Criteria”). 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. Selected Entrants will be announced on EFX Sports.com and/or its social media accounts after the Contest Period.
WINNER SELECTION AND PRIZES:
Each week during the Contest Period, Sponsor shall choose one (1) Entrant, subject to eligibility requirements and Judging Criteria to receive a prize determined solely by the Sponsor (“Selected Entrant”). Weekly Selected Entrant will be announced each Wednesday during the Contest Period.
On or about Monday, April 2, 2018, two (2) Entrants, subject to eligibility requirements and Judging Criteria, shall each receive a prize package worth $10,000.00. Five Thousand U.S. dollars ($5,000 USD) (“Grand Prize Selected Entrant”), EFX Sports Supplements equivalent to one year’s worth of usage ($3,200 USD value; prizes and actual amounts and products to be chosen at the sole discretion of Sponsor) and a trip to Billings, Montana to train with Dr. Jeff Golini and to tour the All American Pharmaceutical production facility (includes, airfare, hotel, and food stipend valued at $2,100 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 Entrant and Grand Prize Selected Entrants 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 weekly Selected Entrants and Grand Prize Selected Entrants. The Selected Entrants and Grand Prize Selected Entrants 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.
As a condition to receiving a prize, the Grand Prize Selected Entrants must sign any documentation requested by Sponsor, including, without limitation an Affidavit of Eligibility / Release of Liability / Prize Acceptance Form, show proof of residency and valid identification immediately within fourteen (14) business days of issuance of notification. If any document is returned to Sponsor as undeliverable or if Sponsor does not receive a response from any Selected Entrant(s) and Grand Prize Selected Entrant within fourteen (14) business days of attempted notification, or a Selected Entrant and Grand Prize Selected Entrant declines the prize or fails to meet Sponsor requirements, such Selected Entrant and Grand Prize Selected Entrant may be disqualified and the prize will either be forfeited or awarded to an alternate Entrant.
Any personal information that the Entrant submits in connection with the Contest will be collected and used by the Sponsor and its authorized agents to administer the Contest and to award prizes. Entrant’s personal information may also be used to send additional information about Sponsor, affiliates and licensees, and each of their respective products and programs. Except as set forth herein, an Entrant’s personal information will not be used for any other purpose and will not be shared with anyone else unless required by law.
The official version of these Official Rules is the English language version. In the event of contradictions or discrepancies between different language versions of these Official Rules, the English language version takes precedence. Entrants must submit all materials and information in English. Sponsors are not responsible for the translation of any submissions or information provided in another language. Failure to submit required information in English may result in disqualification.
GENERAL DISCLAIMER AND RELEASE OF LIABILITY:
By entering, Entrant agrees: (a) to release Instagram, Facebook, and/or 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 Entrants’ acceptance and use/misuse of the prize; (b) to be bound by these Rules; and (c) that Sponsor, its affiliates and licensees may use Entrant’s name(s), likeness, biographical information, social media username, the images, personal information, and statements made by Entrant 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. Entrant 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 entrant irrevocably waives any and all rights Entrant 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 Entrant’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. Entrant 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 ENTRANT 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 Montana 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 Billings, Montana. Entrant and Sponsor: (i) accept, generally and unconditionally, the exclusive jurisdiction of such court and any related appellate court, and irrevocably agree to be bound by any judgment rendered thereby in connection with this Contest, and (ii) irrevocably waive 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.
After April 2, 2018, Entrants may request a Winners’ List by mailing a self-addressed stamped envelope to EFX Sports C/O Transformation Challenge. All requests must be received by Sponsor within six (6) weeks after the end of the Enrollment Period.
United States, Canada & Mexico.