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OFFICIAL TERMS CONDITIONS AND RULES

RULES

CONTEST PERIOD:

Before-N-After Total Transformation Contest (“Contest”) period begins at 12:00 AM PST on November 25th, 2014 and ends at 11:59 PM (PST) on Decmber 31, 2014.

 

ELIGIBILITY:

The Contest is open only to permanent legal residents of CA, age 18 years or older at time of entry (“Entrant”). Contest is not open to associates of Before-N-After (“Sponsor”), or their immediate family members (defined as spouses, parents, siblings or children). All federal, state, and local laws and regulations apply. Void where prohibited.

 

AGREEMENT TO OFFICIAL RULES:

Participation in the Contest constitutes Entrant’s full and unconditioned agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning the prize is contingent upon fulfilling all requirements set forth herein and within the details presented prior to submitting material and participating in the Contest (“Entry”). By accepting the prize, the winner agrees to release all material submitted through the contest. This includes all pre-treatment, post-treatment photographs and written copy of their experience throughout the contest to Before-N-After for marketing and educational purposes.

 

ENTRY:

​The Entrant must complete and submit an online entry form or email contest@beforenafter.us to enter the Before-N-After Total Transformation Makeover Contest.

Entrant must provide a digital photograph and an essay in 500 words or less why they think they, or their nominee deserves a Total Transformation Makeover.  

Digital photos should be of the best quality possible, as image quality is considered part of the judging criteria. By entering the Contest, Entrant grants Sponsor the right to use the submitted photograph and essay in any way that it chooses without further compensation or approval. The digital photograph must be of Entrant alone with no other human subjects. Entrant must own all rights in and to the photograph and essay submitted and must have full authority to grant or dispose of such rights at the time of entry and at the time any prize is awarded. Photographs may not be retouched, enhanced or modified in any way from the original. Essay answer must be original and must not be in any way copied, plagiarized or taken from any other work. Sponsor reserves the right to disqualify entries that include a photograph or essay that is deemed, at Sponsor’s sole discretion, to be lewd, false, doctored, enhanced, unoriginal, offensive, or inappropriate in any manner. All entries become the property of Sponsor and will not be returned.

 

ENTRY LIMITS:

You may enter only once during the Contest period.

 

HOW WILL THE ENTRIES BE JUDGED?

Sponsor will judge entries to determine the most deserving Entrant based on the expressiveness with which the Entrant conveys how the Before-N-After Total Transformation Makeover Contest will transform their life or the life of their nominee and the likely benefit Entrant would receive based on photos and a 500 word or less essay. 

 

WHAT IS THE PRIZE FOR TOTAL TRANSFORMATION MAKEOVER CONTEST?

One (1) Prize will be awarded to the selected and verified winning Entrant. Winner may not be eligible for all products and services based on medical history or treatment criteria. Prize retail value is over $5,000. Sponsor reserves the right to modify the prize at its sole discretion. Any portion of the prize not used by winner is forfeited and no cash substitute will be offered or permitted. 

 

CONDITIONS AND RESTRICTIONS:

Winner shall be required to electronically sign and accept the terms of the Affidavit of Eligibility and Release and Name and Likeness Release as part of the Entry submission. Failure to accept the Releases as part of the submission will result in the Entrant being disqualified. Entrant agrees Sponsor has the sole right to decide all matters and disputes arising from this Contest and that its decision is final and binding. Submission of an Entry grants Sponsor a worldwide, fully-paid and transferable license to use the Submission Material (including, but not limited to, the photographs, and essays) in any way Sponsor determines in its sole and absolute discretion. Except where prohibited by law, Entrants agree to allow use of their name and any information provided on their Entry form in any medium of communication, including print, Internet, radio and/or television and for any purpose, including advertising, promotional or other purposes, by Sponsor and/or its affiliates, without additional compensation. Entrants agree to participate in video recorded and photographic documentation of their treatments and results, and grant Sponsor a worldwide, fully-paid and transferable license to use said videos and photographs in any way Sponsor determines in its sole and absolute discretion.

Winner, by acceptance of the prize, agrees to release, indemnify and hold harmless Sponsor, and its parent and subsidiary companies and affiliates, and each of their employees, representatives, contractors, sponsors and advertisers, from any and all liability, loss, damage, costs or claims related to any allegation regarding the award of, the receipt of, or the use of the prize, including without limitation those related to personal injury, death, property damage defamation, and claims based on the rights of publicity and privacy.

The prizes awarded to the winner of Before-N-After’s Total Transformation Contest are not transferable and the product and services included in the prize package cannot be substituted. Unused prizes for any reason will be forfeited. Prizes have no cash value. All prizes must be claimed and/or redeemed by June 30, 2015.

 

NOTIFICATIONS:

The winner will be announced Jan 15th, 2015. The winner will also be contacted by the e-mail address or phone number given in the registration entry. 

 

RELEASE:

By entering Contest or taking receipt of prize you agree to release and hold harmless Sponsor Before-N-After Weight Loss and Wellness and its respective subsidiaries, affiliates, suppliers, distributors, prize suppliers, advertising/promotion agencies, and each of their respective parent companies and each such company’s officers, directors, owners, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property or privacy, arising out of participation in the Contest or receipt or use or misuse of any prize.

By entering the Contest, you represent that you have submitted an original, current photograph depicting you for which you have all rights and authority of use. Further, you represent that all essay answers submitted are original to you, that you have not copied or in any way taken all or any part of the essay answers from any other published or unpublished work, and that you have full rights and authority of use of such essay answers. Further, by uploading your photograph and essay answers, you grant the Released Parties the right to publish the photographs and/or essay answers on the Before-N-After website at www.beforenafter.us and any related web sites and to use the photos in connection with any Contest without compensation, except where prohibited by law. You agree to indemnify Sponsor, Before-N-After and each of their subsidiaries, and their respective owners, officers, directors, employees and agents from and against all third party trademark, copyright, right of publicity or other claims arising out of the use of your photo and essay answers.

 

PUBLICITY:

The winner of the Before-N-After Total Transformation Makeover Contest will be required to sign a consent allowing Before-N-After the use of winner’s name, likeness, photographs, voice, opinions and/or hometown and state for promotional purposes in any media now known or hereafter devised, worldwide and in perpetuity, without further payment or consideration; including, without limitation, placement on the Sponsor's website, or any other website and creation of promotional videos featuring the winner.

 

GENERAL CONDITIONS:

Contest is subject to all applicable federal, state, and local laws and regulations. Winner is solely responsible for any and all state, local and federal taxes. Prize recipient agrees to pay all applicable federal, state, and local taxes associated with the award of the prize, including income tax, and all other taxes, costs, fees and expenses related to the prize.

Prize is not transferrable and may not be substituted, except at the sole discretion of Sponsor. The submission of an Entry confirms your full and unconditional agreement to these Official Rules and Sponsor’s decision, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.

Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part thereof, if any fraud, technical failure or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest in any manner, or for any reason related to the administration of the Contest, as determined by Sponsor in its sole discretion.

Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the Entry process or the operation of the Contest or to be acting in violation of these Official Rules or any other Sponsor promotion, or in an unsportsmanlike or disruptive manner. Sponsor’s failure to enforce any respective term of these Official Rules shall not constitute a waiver of that or any other provision.  Void where prohibited by law.

 

LIMITATIONS OF LIBILITY:

The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by you or any other Entrant, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to, malfunctions, interruptions, or disconnections in phone lines, cable connections or network hardware or software; (3) technical or human error which may occur in the administration of the Contest or the processing of entries, prize notification and/or winner confirmation; (4) any lost, late, delayed, corrupted, undelivered or undeliverable Entry or prize notification, or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participation in the Contest or receipt or use or misuse of any prize.

You are responsible for updating your contact information with Sponsor as necessary to ensure proper administration of the Contest. Unless otherwise determined by Sponsor, in its sole and absolute discretion, no more than one (1) prize will be awarded.

 

DISPUTES:

All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of you and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of CA, U.S.A. Except where prohibited, you hereby agree that any claims, disputes or actions of any kind shall be resolved individually, without resort to any form of class action, and waive all rights to claim indirect, punitive, incidental, and/or consequential damages and/or multipliers of damages, and any other damages, other than for actual out-of-pocket expenses incurred as the result of participation in the Contest. The parties hereby agree to waive their respective rights to a jury trial of any claim or cause of action related to or arising out of the Contest. The scope of the waiver is intended to be all encompassing of any and all disputes that may be filed in any court and that relate to the Contest, including without limitation, contract claims, tort claims, breach of duty claims, and all other common law, regulatory and statutory claims. In the event of litigation, these Official Rules may be filed as written consent to a trial by court. If any part of these Official Rules is declared invalid or unenforceable by a court of competent jurisdiction, it shall not affect the validity of the balance of these Official Rules.

HOW
TO
ENTER
FINE PRINT

Total Transformation

MAKEOVER CONTEST

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