Official Rules - Biggest Loser Win Big Contest (NBCU Comments) (1)

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WIN BIG WITH THE BIGGEST LOSER CONTEST
OFFICIAL RULES
NO PURCHASE
PROHIBITED.
OR
PAYMENT
NECESSARY
TO
ENTER.
VOID
WHERE
1.
CONTEST: This “Win Big With the Biggest Loser Contest” (the “Contest”)
begins at 12:00:01 AM Eastern Time on December 29, 2015 and shall end at 11:59 PM Eastern
Time on January 27, 2016 (the “Contest Period”). From all eligible and valid entries received in
connection with the Contest, no less than ten (10) winners will be selected, as set out in paragraph
4 below, based on the Contest entrant’s creativity and essay writing ability. Participation in the
Contest is described, regulated and clarified by, and wholly subject to, the provisions of these
official rules (“Official Rules”).
2.
ELIGIBILITY: The Contest is open only to (a) individuals who are legally
residing, for purposes of all applicable state and federal tax laws, in one of the fifty (50) United
States or the District of Columbia (“Eligibility Area”), (b) who are eighteen (18) years of age or
older (or the age of majority in their states of residence if the age of majority is greater than 18) at
the time of entry, and (c) who have the capacity to enter into valid contracts. The Contest is
VOID outside of the Eligibility Area and where otherwise taxed, prohibited or restricted.
Employees and directors of Athlon Media Group / Parade (“Sponsor”) and its affiliates,
subsidiaries, advertising and promotional agencies, and their respective officers, directors,
employees, and agents, the immediate families of such persons (defined as spouse, child, sibling,
parent or grandparent or so-called “step” or “half’ variations of any of the preceding individuals),
and those living in their same households, are ineligible to enter, win or collect prizes in the
Contest. Only individuals meeting all eligibility requirements set forth in these Official Rules
may enter in the Contest or win a prize (“Entrant”). Each Entrant is required to indicate his/her
acceptance to the Official Rules where indicated; provided, however, that any Entrant’s
participation in the Contest constitutes and is deemed such Entrant’s full and unconditional
agreement to the Official Rules and any and all decisions of Sponsor and any third-party judges,
which are final and binding in all respects. Entrants agree to waive any right to claim ambiguity
in the Contest and/or these Official Rules.
3.
HOW TO ENTER: To enter, visit www.parade.com/winbig (the “Site”) at any
time during the Contest Period, and follow the entry instructions provided at the Site. In
connection with any entry, each Entrant must indicate his/her acceptance of these Official Rules,
provide the information requested in the official entry form, which may include Entrant’s name,
e-mail address, physical address, telephone number and certain other information requested by
Sponsor, and submit either (a) a short essay, consisting of 150 words or less, composed solely by
Entrant, together with a photograph of Entrant, or (b) video not to exceed thirty (30) seconds in
length, that conveys “Why Entrant needs to change his or her life” (the essay and photograph, or
video, as applicable, is referred to herein as the “Submission”). Each Entrant grants to Sponsor a
non-exclusive, perpetual, worldwide, royalty-free, irrevocable and fully sub-licensable right and
license to use, reproduce (in whole or in part), edit, distribute, publish, broadcast, make derivative
works of and otherwise exploit in any manner the Entrant’s Submission worldwide and/or to
incorporate it in other works in any form, media, (including print media) or technology now
known or later developed (“License”). In addition, Entrant warrants that any so called “moral
rights” in the Submission have been waived. Entrant warrants that the granting of the License and
Sponsor’s exercise of any rights granted thereby shall not violate any third-party rights. Entrant
agrees and understands that any Submission may be made available to the public in any and all
media for promotional purposes, including, without limitation, posting on the Internet, and may
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be used in connection with the development of, or incorporation in, an advertisement by Sponsor,
its affiliates or agents without further notice, payment or consideration, except where prohibited
by law. Notwithstanding anything in these Official Rules to the contrary, Sponsor does not
guarantee any confidentiality with respect to any Submission. Each Submission must be created
and entered by a single Entrant on an individual basis only. All joint entries will be disqualified.
Entrant may be asked to consent to receive promotional e-mails from Sponsor, its affiliates and/or
authorized agents. Consenting to receive promotional e-mails are optional and refusal to so will
not render any Entrant ineligible to enter the Contest or win prizes or affect or reduce any
Entrant’s chances of winning. Limit one (1) entry per person or email address. All Submissions
must be received prior to the end of the Contest Period. Sponsor reserves the right, at its sole
discretion, to cancel, terminate suspend and/or modify the Contest in whole or in part, without
liability and without prior notice, at any time, should any unforeseen occurrence cause the fair
and impartial continuation of the Contest to be impossible.
4.
HOW TO WIN PRIZES: Exactly ten (10) Finalists (each, a “Finalist”) will
each be selected by a panel of judges comprised of Parade editors (“Judges”) designated by
Sponsor based on the judging criteria (“Judging Criteria”) set forth below and will be
announced on February 21, 2016. The Judges, whose decisions will be final, shall judge the
entries according to the following Judging Criteria:
40 % based on originality
30% based on motivation
30% based on adherence to instructions.
Ties will be broken based on the highest ranking in the “originality” category. One (1) Grand
Prize Winner will be announced on February 22, 2016 from among all Finalists by the Biggest
Loser Trainers (“Grand Prize Judges”) based on the Judging Criteria as applied by such Grand
Prize Judges. Finalists and the Grand Prize Winner will be announced on www.parade.com. In
order to receive any prize, the winning Entrants may be required to complete and return to
Sponsor or its designated agent an Affidavit of Eligibility and a Liabilities/Publicity Release
Form, except where prohibited by law. Failure to return the signed Affidavit and Release within
seven (7) days following the date of delivery thereof may result in forfeiture of a prize, except
where prohibited by law. Prizes are awarded subject to verification and the eligibility
requirements set forth in these Official Rules. If a potential winner cannot be contacted as
specified above, or if he/she fails to return the signed Affidavit of Eligibility, or if the potential
winner is deemed ineligible for any other reason in Sponsor’s sole discretion, the potential winner
will be disqualified and an alternate Winner will be selected in his/her place based on the Judging
Criteria set forth in these Official Rules. Any Submissions submitted up to the time of
cancellation or suspension will be considered in the Contest judging. All Submissions must meet
the standards set out in the Submission Requirements below and any Submission that fail to meet
such Submission Requirements will be disqualified.
Submission Requirements:
1. Any essay Submission must be 150 words or less in length.
2. Any video Submission must be 30 seconds or less in length.
3. All Submissions must be an original unpublished work and cannot contain, incorporate or
reference anything that is owned by any third party or entity or would require the consent
of any third party or entity in any jurisdiction.
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4. The Submission must not have been submitted previously in any contest of any kind or
exhibited or displayed publicly (i.e., disclosed beyond your immediate circle of friends
and family) through any means previously.
5. The Submission must not contain material that (a) violates or infringes another’s rights,
including but not limited to privacy, publicity or intellectual property rights, or that
constitutes copyright infringement; (b) promotes bigotry, racism, hatred or harm against
any group or individual or promotes discrimination based on race, sex, religion,
nationality, disability, sexual orientation or age; (c) contains indecent behavior,
profanities or obscenities, including but not limited to nudity, or pornography, or is
otherwise inappropriate, indecent, profane, obscene, hateful, tortuous, slanderous or
libelous; (d) references persons or organizations without their written permission; (e)
disparages persons or organizations associated with Sponsor; or (f) is unlawful, in
violation of or contrary to all applicable federal, state, or local laws and regulations.
The Grand Prize Winner will receive the following Grand Prize:
•
•
•
•
•
•
one seven-day/six-night stay, with airfare, for two at The Biggest Loser Resort in Palm
Desert, Calif.; Amelia Island, Fla.; Chicago; or Niagara, N.Y.
one Garmin Vivoactive fitness watch
one (one-year) Planet Fitness club membership
one (one-year) online Biggest Loser Bootcamp subscription
one (one-hour) nutrition consultation and one (30-minute) follow-up consultation (via
Skype) with Biggest Loser nutritionist Cheryl Forberg, R.D.
one copy of A Small Guide to Losing Big: Form the Nutritionist for NBC's The Biggest
Loser by Cheryl Forberg, R.D. (Flavor First)
The approximate retail value of the Grand Prize is $7,545.
Each Finalist will receive the following Finalist Prize:
•
•
•
•
one Garmin Vivoactive fitness watch
one (one-year Planet Fitness club membership (or online Biggest Loser Bootcamp
subscription if no local Planet Fitness location is available)
one (six-month) online Biggest Loser Bootcamp subscription
one copy of A Small Guide to Losing Big: Form the Nutritionist for NBC's The Biggest
Loser by Cheryl Forberg, R.D. (Flavor First)
The approximate retail value of the Grand Prize is $655.
Actual value of trip may vary based on point of departure and airfare fluctuations, and other
factors. Any difference between stated approximate retail value and actual value of prize will not
be awarded. All travel is subject to blackout dates, must be completed by December 31, 2016, and
all travel arrangements must be made by Sponsor’s agent and will be selected at Sponsor’s
discretion. All other expenses not specifically identified in these Official Rules, including meals,
luggage fees, incidental hotel charges, room service, taxi or car service, airport/hotel transfers,
parking fees, laundry service, food, alcoholic beverages, merchandise, souvenirs, telephone calls,
tips, gratuities, service charges and any other travel-related expenses are the sole responsibility of
the Grand Prize Winner. Travel changes will not be accepted after reservations have been
booked. If in the judgment of Sponsor air travel is not required due to the Grand Prize Winner’s
proximity to the destination city, ground transportation may be substituted for air travel in
Sponsor’s sole discretion. Sponsor will not replace any lost, mutilated or stolen tickets, vouchers
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or other certificates or cards. Sponsor is not responsible if the Grand Prize Winner does not use
any portion of the Grand Prize. Winner must have all necessary identification and/or travel
documents (e.g., a valid U.S. driver’s license) required for travel. Sponsor and its employees,
contractors, directors and officers, and their respective parents, subsidiaries, affiliates, advertising
and promotional agencies, as applicable, and their respective officers, directors, shareholders,
members, employees, agents, successors and assigns, and all others associated with the
development, promotion, evolvement and execution of this Contest, are not responsible if the
Grand Prize, or any part thereof, cannot be awarded due to travel or event cancellations, delays or
interruptions due to any acts of God, action(s), regulations(s), order(s), or request(s) by any
governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s),
or request(s) prove to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood,
explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or
illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil
disturbance, insurrection, riot, or any other cause beyond Sponsor’s sole control, and shall not be
responsible for any cancellations, delays, diversions, or substitutions or any act or omissions
whatsoever by the air carrier(s), hotel(s), or other transportation companies or any other persons
providing any of these services and accommodations to passengers including any results thereof
such as changes in services or accommodations necessitated by same.
5.
ABILITY TO WIN; ODDS; APPROXIMATE RETAIL PRIZE VALUE:
The Contest is a contest of skill. Each Entrant’s ability to win depends solely on his/her essay
writing or video production ability, the total number of participating Entrants and number of valid
and eligible entries received.
6.
PRIZE AWARDING: Upon confirmation of eligibility and execution of
requested eligibility and release documents, where legal, each winner will be awarded one (1)
prize. All prizes will be awarded, if claimed. Prizes may not be combined with any other offer.
Winners will be responsible for any and all federal, state, and local taxes incurred in winning and
accepting any prizes and all other expenses incurred in winning and accepting the prizes. Dollar
amounts are expressed in U.S. currency. Winners may receive an IRS 1099 form reporting the
value of their prize. It is the responsibility of winner to make all necessary arrangements to
redeem the prize, including any costs of travel, unless Sponsor otherwise agrees to deliver prize
to winner following identification of winner and confirmation of eligibility. Any stated ARVs of
prizes represent Sponsor’s good-faith determination of the retail value of the prize. Sponsor is
not responsible for any change in an Entrant’s email address and/or telephone number. The
identification of all winners will be posted on the Site and will be available for viewing until
December 31, 2016. Such names may also be acquired by sending a written request in a stamped,
self-addressed envelope to: 2451 Atrium Way, Building 2, Suite 320, Nashville, TN 37214.
Winning and claiming a prize is contingent upon winner’s provision of all information requested
by Sponsor, subject to applicable law, and upon winner’s eligibility, validation and verification,
as determined by Sponsor. In the event of a dispute as to the identity of an Entrant or winner, the
individual who was, at the time of Entry, as determined by Sponsor, the documented registered
holder of the email account used in connection with Entry will be deemed the eligible Entrant or
winner, as applicable. The sale, re-sale, auction, transfer or assignment of any prize or the
advertising of same in any way is strictly prohibited and any Entrant or winner found to
have engaged in such activity will be immediately disqualified and his/her prize will be
forfeited. Sponsor reserves the right to substitute any prize with either the cash value of such
prize or a prize or prizes of equal or greater value, in the event any stated prize becomes
unavailable. If the initially selected winner cannot be contacted within twenty-four (24) hours of
Sponsor’s initial attempt, is ineligible, fails to claim a prize, or if the prize is returned as
undeliverable, the prize will be forfeited and an alternate winner may be selected, in Sponsor’s
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sole discretion. For purposes of this Contest, the alternate winner, if necessary, will be the
Entrant with the next best non-winning essay immediately following the winning Entrants, as
determined by and set forth in these Official Rules. Acceptance of a prize constitutes permission
for Sponsor and its designees to use of winner’s name, likeness, statements, voice, opinions,
biographical information and state of residence for promotional purposes in any media without
notice, further payment, consideration, credit, or right of approval or review (except where void
or prohibited by law). Winners will be required to sign an affidavit of eligibility and liability
release within five (5) days of Sponsor’s request (except where void or prohibited by law).
7.
DISQUALIFICATION: The use of robotic, automatic, macro, programmed or
like methods (including without limitation the use of any promotion/game subscription,
notification, entry or like sites or service that offers Contest entry services on behalf of Entrant) is
strictly prohibited. Sponsor is not responsible for lost, interrupted or unavailable network server
or other connections, miscommunications, failed telephone or computer or telephone
transmissions or technical failure, jumbled, scrambled or misdirected transmissions, other error of
any kind whether human, mechanical or electronic problems or technical malfunction of any
telephone network or lines, computer systems, servers, access providers, equipment, or software,
failure of any e-mail or entry to be received for any reason, traffic congestion on the internet or at
any website, or any other technical problems related to website entries or any combination of the
foregoing, including any injury or damage to an Entrant's or any other person's computer. Persons
found tampering with, hacking, illegally registering for or abusing any aspect of the Contest will
be immediately disqualified, in Sponsor’s sole discretion. If disqualified for any of the above
abuses, Sponsor will immediately terminate that Entrant’s participation in the Contest and future
promotions or contests by Sponsor and Entrant will be ineligible to win or collect any prizes upon
Sponsor’s request. Entrants further acknowledge that the forfeiture of prize(s) and/or return of
any prize(s) shall in no way prevent Sponsor from pursuing any remedies legally available in
connection with such conduct. Any violation set out in this paragraph or other attempt to damage
any website of Sponsor, or tamper with or undermine the legitimate operation of the Contest, is a
violation of these Official Rules, as well as any and all applicable criminal and civil laws.
Sponsor reserves the right to seek remedies and damages from any Entrants or individuals acting
in concert with any Entrant to the fullest extent permitted by law. In the event any portion of this
Contest is compromised by any virus, bugs, non-authorized human intervention or other causes
beyond the control of Sponsor, which, in the sole opinion of Sponsor, corrupts or impairs the
administration, security, fairness or proper play of the Contest, Sponsor reserves the right to
modify, suspend or terminate the Contest and the Contest winners will be determined from
among all eligible Entrants and entries received, and based upon the applicable scores for such
Entrants as of the date of the applicable action.
8.
LIMITATION OF LIABILITY: By entering and participating in the Contest,
each Entrant: (a) agrees to comply with these Official Rules and the decisions of Sponsor,
NBCUniversal Media, LLC, and any third party judges, which shall be binding and final in all
respects; (b) agrees to comply with Sponsor’s privacy policy, available for review at
http://parade.com/privacy-policy, and terms and conditions of the Site; (c) agrees to release,
discharge, indemnify and hold harmless Sponsor and its officers, directors, employees, affiliates,
subsidiaries, advertising, promotion, fulfillment, marketing agencies, public relation firms,
consultants or contractors from any and all liability, claims or actions of any kind whatsoever for
injuries, damages or losses to persons (including death) and property that may be sustained in
connection with participation in the Contest and the receipt, ownership, possession, acceptance,
enjoyment, use or misuse of a prize, or while preparing for, participating in, and/or traveling to
any prize-related activity; (d) agrees to be contacted by Sponsor by mail, telephone and/or email;
and (e) agrees that he/she acknowledges that Sponsor makes no warranty, representation, or
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guarantee, expressed or implied, in fact or in law, relative to any prize. IN NO EVENT WILL
SPONSOR OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES,
SUBSIDIARIES, ADVERTISING, PROMOTION, FULFILLMENT, MARKETING
AGENCIES, PUBLIC RELATION FIRMS, CONSULTANTS OR CONTRACTORS BE
RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND,
INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL
OR PUNITIVE DAMAGES, ARISING OUT OF ANY PARTICIPATION IN THE
CONTEST OR ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE
AWARDED IN CONNECTION WITH THIS CONTEST, INCLUDING WITHOUT
LIMITATION, PERSONAL INJURY, DEATH AND/OR PROPERTY DAMAGE, AS
WELL AS ANY CLAIMS BASED ON PUBLICITY RIGHTS OR INVASION OF
PRIVACY.
9.
GENERAL INFORMATION: Sponsor reserves the right to modify the Official
Rules at any time for the purposes of clarifying and effectuating how the Contest should be
judged, or in the event of any inadvertent computer or operator error, the illegal or inappropriate
activity of any Entrant, the unanticipated application, failure or effect of Contest mechanisms of
play or individual components, software or hardware, or force majeure events affecting the
schedule(s) of entry, entry process, or entry deadlines, the determination or notification of
winners or the awarding of prizes. Any changes to the Official Rules will be reasonably made
with the intention of not materially affecting the terms and conditions of the Contest. All
applicable federal, state and local laws and regulations apply. Any and all disputes in connection
with the Contest will be resolved exclusively in the appropriate courts in Nashville, Tennessee.
Should there be a conflict between the laws of the State of Tennessee and any other laws, the
conflict will be resolved in favor of the laws of the State of Tennessee. Each Entrant waives any
and all objections to jurisdiction and venue and hereby submits to the jurisdiction of those courts.
Any and all lawsuits or other disputes that arise relating to the Contest must be filed within one
(1) year of the last day of the Contest Period. The failure of Sponsor to exercise or enforce any
right or provision of the Official Rules shall not constitute a waiver of such right or provision. If
any part of the Official Rules is held by a court of competent jurisdiction to be invalid or
unenforceable, that part will be enforced to the maximum extent permitted by law and the
remainder of the Official Rules will remain fully in force.
Sponsored By: Athlon Media Group / Parade: 2451 Atrium Way, Building 2, Suite 320,
Nashville, TN 37214
NBCUniversal Media, LLC is not a Sponsor of the Contest and is not associated with the
administration of the Contest in any way.
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