GEORGE FOREMAN® GRILL 2013 WEIGHT LOSS CHALLENGE OFFICIAL RULES



Amended 2-20-2013

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

ELIGIBILITY
To participate in one of the four GEORGE FOREMAN® Grill 2013 Weight Loss Challenges (each a “Contest”), Contestants must be a resident of the United States or the District of Columbia or Canada (except residents of the province of Quebec) 18 or the age of majority in their state or province of residence or older at the time of entry. Employees (and their immediate family members or those living in the same household) of Spectrum Brands, Inc. (“Sponsor”) and its affiliated companies, subsidiaries, divisions, parent and related companies, promotion agencies, and any and all other companies, prize providers or individuals associated with the Contest are not eligible to participate. The term "immediate family member" includes spouses, grandparents, parents, siblings, children, and grandchildren. Contestants shall not participate in or accept any prize from any other weight loss promotion, contest or challenge while participating in this Contest.

HOW TO ENTER
There will be four 12 week Contests in 2013.

2013 Contest Dates

Contest Sign Up Dates Start Date End Date
1 12/28-1/13 January 14, 2013 April 7, 2013
2 1/31-3/3 March 4, 2013 May 26, 2013
3 4/15-5/19 May 20, 2013 August 11, 2013
4 6/17-7/21 July 22, 2013 October 13, 2013


To enter, any one of the four Contests, you must accept these Official Rules (which are subject to change without notice) complete the entry form and download your GEORGE FOREMAN Grill 2013 Weight Loss Challenge Kit (the “Kit”). The Kit will contain your meal plans, grocery lists, workouts and other tips for weight loss. Sponsor is not responsible for lost, late, incomplete, garbled, illegible or misdirected acceptances, or for any error, human, technical or otherwise, which occurs or may occur in accepting these Official Rules or submitting sign-up information; or down loading or failing to download your Kit. Acceptances generated by a script, macro, or other automated means will be disqualified. Acceptances that are incomplete, garbled, corrupted, illegible, or unintelligible for any reason, including, but not limited to, phone, computer or network malfunction or congestion, are void. If there is a dispute as to the identity of a contestant’s e-mail address who accepted these official rules, Sponsor will deem that the acceptance was made by the authorized account holder of the e-mail address. The "authorized account holder" is defined as the natural person to whom the e-mail address is assigned by an internet service provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted email address. Contestants who have not won a contest may enter subsequent contests by following these Official Rules. Contestants may win only one contest.

START AND END DATES:
The first Contest begins at 12:00:01 a.m. CT ("Central Time”) on January 14, 2013 and the other three Contents each begin at 12:00:01a.m. CDT (“Central Daylight Time”). Each Contest ends at 11:59:59 p.m. CDT on each of the above End Dates.

HOW CONTEST WINNERS ARE SELECTED:
All Contestants who successfully complete one of the four 12 week weight loss program and have not won an earlier contest, will be eligible to win prizes. A panel of qualified judges selected by Sponsor (which may include employees of Sponsor, fitness or lifestyle professionals and/or nutrition professionals) will consider the following factors collectively (the “Results”):
  • Total pounds lost,
  • Final Measurement Tracker document,
  • Final essay describing overall weight loss experience; minimum of 150 words and a maximum of 350 words,--translating to characters (for simplicity) is acceptable;
  • Reports (as defined below) throughout the Contest,
  • And overall impression
  • OPTIONAL -Before/after photos, (requirements below), before/after measurements and weight loss goals


The information in the first 2 bullet points above must be submitted electronically to Sponsor no later than seven (7) days following the End Date of the Contest you entered, pursuant to Sponsor’s submission instructions. Submission of any information to Sponsor by anyone whether or not those people become Contestants and complete a 12 week challenge, shall be deemed acceptance of these Official Rules and shall be deemed voluntary transfer to Sponsor of all right, title and interest including, copyright of your photographs (if submitted), written information and responses, measurements (if submitted), facebook posts, blogs, tweets, surveys, conversations and comments (individually a “Report” and collectively the “Reports). Judging will be completed and prizes will be awarded ninety (90) days after the End Date of the Contest you entered and delivered no later than two hundred ten (210) days after the End Date of the Contest you entered. Statements made in all Reports submitted by Contestants must be true and accurate and in keeping with the Sponsor’s image and may not be inappropriate or offensive, as determined by Sponsor in its sole discretion, nor defame or invade publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any individual’s personal or property rights or any other third party rights. Sponsor reserves the right to disqualify a Report it deems to be offensive, inappropriate, not in keeping with Sponsor’s image or that is otherwise not in compliance with these Official Rules. Each Report must be the Contestant’s original work, and may not have been published previously, entered in any other contest or have won any other award. By submitting a Report, Contestant warrants and represents that Sponsor’s use of the material submitted in the Report will not violate any rights of any other person or entity, including without limitation, any copyrights. Submission of any Report grants Sponsor all right title and interest in the Reports, the exclusive right to edit, illustrate, abridge, modify, publish and use the Report or any part of it during the Contest and thereafter in perpetuity, for any and all purposes (including but not limited to use as testimonials or as quotes) in any media whether currently in existence or hereafter invented (including but not limited to print (including packaging and labeling) and digital media without compensation to the Contestant.

The likelihood of winning a Contest depends on the number of Contestants who successfully complete that Contest and the quality of the Results submitted by those Contestants as determined by the judges. The decisions of the judges in all matters arising from each Contest are final. Scoring of the Results by the judges is proprietary to Sponsor and will not be disclosed.

PHOTO REQUIREMENTS:
All photos submitted must be your original creation and you must own all rights, title and interest in all aspects of each photo. By submitting a photo, you represent and warrant that: (a) the “before” photo submitted is you taken within 30 days before submitting it to your Contest (“before photo”) and the “after photo” is you taken within 30 days after the End Date of the Contest you entered (“after photo”) and (b) the photo has not been copied in whole or in part from any other work; (c) the photo does not violate or infringe any copyright, trademark, privacy, publicity or other proprietary right of any person or entity; and (d) the photo is your sole and exclusive property (if the photo was taken by some other person, you warrant and represent that you have obtained all rights and permission from the person who took the photograph so that you own all rights, title and interest in all aspects of the photo).

By submitting a photo, you: (a) further represent and warrant that you have all necessary rights to grant Sponsor all publication and use rights, (b) grant Sponsor permission to post on the Internet for public viewing (and any other present or future media, including, without limitation electronic databases), and for possible use in promotional materials including print, labeling, packaging, online, social media sites, e-newsletters and/or in-store and (c) grant Sponsor the right to modify, edit, adapt, and electronically alter the photo without compensation or further notice to you.

As determined by Sponsor in its sole discretion, photos that include material unfit for publication, objectionable material, material that defames or invades the publicity or privacy rights of any person, living or deceased, or otherwise infringes upon any third party's personal or proprietary rights will be disqualified. Photos which are otherwise in violation of these Official Rules, as determined by Sponsor at its sole discretion will not be accepted. Sponsor’s rejection of photos shall not require any explanation from Sponsor. All photos become the property of Sponsor and will not be acknowledged.

Sponsor does not represent or warrant that any photos submitted by you will be published on any website or otherwise, or that such publication will be free of technical errors, problems or compatibility issues and Sponsor shall have no liability related thereto.

PRIZES

The First Place Prize is $2500 USD and Whole Health products valued at $500 USD (products and delivery to be determined by First Place Prize winner and a Whole Health consultant).

The First Place Prize is $1000 USD and Whole Health products valued at $500 USD (products and delivery to be determined by First Place Prize winner and a Whole Health consultant).

The total ARV of all prizes for each Contest is $4500 USD.

No transfer, assignment, substitution or cash equivalent for any prize or prize component is permitted, except by Sponsor in its sole discretion. Sponsor reserves the right to substitute a prize or prize component of comparable value, if the prize or any prize component becomes unavailable for any reason. All federal, state and/or provincial and local taxes and expenses are the sole responsibility of each winner. Each winner will be required to sign an Affidavit of Eligibility and US winners must complete an IRS form W-9. US winners may receive an IRS form 1099. All Affidavits of Eligibility (and if applicable IRS form W-9’s) must be returned to Sponsor within 7 days of receipt of such forms.

In addition, as a condition of being named a winner, you agree to participate in any post-Contest events requested by Sponsor, (the expenses of which shall be paid by Sponsor) and execute documents presented to you by Sponsor for such participation. This may include an after photo shoot (for photos to be owned and used by Sponsor in sweepstakes and promotions) providing tweets and posts on other relevant social media applications, regarding your weight loss journey and other related topics as Sponsor may request and other services that Spectrum may reasonably request from time to time including but not limited to interviews, public appearances and media events. All such post-Contest events shall be without additional compensation to the winners.

GENERAL CONDITIONS:

You agree submission of any information to Sponsor or your participation in the Contest constitutes agreement to these Official Rules. These Official Rules form a binding legal agreement between you and the Sponsor with respect to the Contest and you confirm the following:

I have read, understand and agree to abide by the Official Rules (which are subject to change without notice). However, Sponsor may post amended Official Rules on the www.georgeforemancooking.com website. I understand that following the meals plans, calorie counts, exercise suggestions from the Kit and from the Registered Dietitian and communicating my weight loss experience on facebook are not official requirements of participating in the Contest, but are professional recommendations/guidelines, information and services developed to help me achieve weight loss. The only actual requirement is that I use the GEORGE FOREMAN grill regularly throughout the 12 weeks and I certify that I shall use a George Foreman® Grill throughout the Contest.

I agree that Sponsor and Whole Health Products, LLC, their parents, subsidiaries and affiliated companies and their officers, directors, employees and contractors are in no way responsible for: (a) guaranteeing that I lose weight by participating in the Contest or (b) any injury, harm or loss of any kind that I incur arising directly or indirectly from entering and participating in this Contest including but not limited to following the Contest meal plans, suggested calorie intakes and exercise regimes or following my own diet and exercise regimes and using my best efforts to lose weight.

Further, I assume all risk of injury, harm or loss of any kind arising directly or indirectly from entering this Contest including but not limited to following: (a) the Contest meal plans, suggested calorie intakes and exercise regimes, (b) my own diet and exercise regimes and (c) using my best efforts to lose weight. I understand that Sponsor is not giving medical advice and strongly recommends that I consult my physician or health care provider before starting the Contest particularly if I suffer from any medical condition, am pregnant or nursing or trying to become pregnant or regularly use prescription or over-the-counter medications. I expressly release Sponsor, its subsidiaries and affiliates, and the directors, officers, employees and contractors of any of them from any and all risk, loss, injury, damage or harm of any nature whatsoever that may arise directly or indirectly from my participation in the Contest.

I understand that this Contest is to be Drug Free and that weight loss is to come from integrating nutrition and calorie intake with exercise and goal-setting and that weight loss drugs, diuretics, and surgeries are not allowed and will result in disqualification. I understand Sponsor has the right to disqualify me if I am caught cheating in any way. Giving false weights or measurements are examples of cheating. If I am declared a winner, I must be willing to submit to a drug test at the end of the Contest

Sponsor reserves the right to interpret these Official Rules and amend the Official Rules at any time in its sole discretion. Amendments to the Official Rules will be published online at www.georgeforemancooking.com/weightloss/rules. Rule interpretations are final. The Sponsor and its respective employees, agents and representatives are not responsible for incorrect or inaccurate transcription or for any technical or human errors associated with this Contest.

By participating in the Contest, I agree: (i) to abide by and be bound by the Official Rules and decisions of Sponsor; (ii) Sponsor has the right, in its sole discretion, at any stage of any of the Contests to disqualify and/or deem ineligible without any explanation any Contestant it suspects to be in violation of, or to have failed to agree to, these Official Rules, or to be acting in a disruptive or dishonest manner; and (iii) Sponsor reserves the right to cancel or modify any of the Contests for any reason, including but not limited to fraud or any other factor which impairs the integrity of the Contest as determined by Sponsor, in its sole discretion. If, in Sponsor's opinion, there is any suspected or actual evidence of tampering with any portion of the Contest, or if the integrity of the Contest is otherwise compromised, the Sponsor reserves the right, in its sole discretion, to disqualify any Contestant who tampers with the Contest, and to cancel, terminate, modify or suspend the Contest, in whole or in part, at any time without notice. Sponsor shall be fully and completely released and discharged from any liability or responsibility for taking any or all of the above actions.

DISCLAIMER:
Sponsor and any agents acting for or on its behalf are not responsible for error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of Results or for technical, network, telephone, computer, hardware or software malfunctions of any kind, or inaccurate transmission of, or failure to receive Results on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof, or the incorrect or inaccurate capture of Results or the failure to capture any such information. Sponsor is also not responsible for any injury or damage to Contestants or any other person's computer related to or resulting from participating or downloading any materials during the Contest or for any electronic mail that is late, lost, misdirected, damaged, incomplete, or illegible. If the Contest becomes technically corrupted or compromised due to any of the foregoing factors or non-authorized human intervention, Sponsor reserves the right, in its sole discretion, to terminate the Contest and award prizes to the winners selected by the judges from all eligible Contestants at that time. Notwithstanding anything to the contrary contained herein, Sponsor reserves the right to cancel, terminate or modify the Contest for any reason, including but not limited to inability of completion as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, force majeure or technical failures of any sort.

If any provision of these Rules is declared or found to be illegal, unenforceable or void, then the invalid or unenforceable portion shall be modified in accordance with the applicable law as nearly as possible to reflect the original intention of the applicable provision and the remaining sections of the Rules shall remain in full force and effect.

LIMITATION OF LIABILITY/GOVERNING LAW:
IN NO EVENT WILL SPONSOR, WHOLE HEALTH OR FACEBOOK, OR THEIR PARENTS, AFFILIATES, SUBSIDIARIES, AND RELATED COMPANIES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, AGENTS, SUCCESSORS AND ASSIGNS (COLLETIVELY, THE "RELEASEES”) BE RESPONSIBLE FOR ANY CLAIMS, ACTIONS, DEMANDS, LOSSES, LIABILITIES, DAMAGES, COSTS AND EXPENSES (INCLUDING, ATTORNEYS' FEES) OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER FORESEEABLE OR NOT ARISING OUT OF YOUR PARTICIPATION IN THE CONTEST, (INCLUDING BUT NOT LIMITED TO ACTIONS TAKEN BY CONTESTANT AND/OR ANY OTHER PERSON(S) TO GENERATE THE PHOTOS OR RESULTS SUBMITTED AND/OR THE ACCEPTANCE, USE OR MISUSE, OF A PRIZE AWARDED TO CONTESTANT HEREUNDER AND YOU AGREE TO RELEASE, DEFEND, INDEMNIFY, DISCHARGE AND HOLD HARMLESS THE RELEASEES FROM ANY SUCH CLAIMS, ACTIONS, DEMANDS, LOSSES, LIABILITIES, DAMAGES, COSTS AND EXPENSES, INCLUDING, WITHOUT LIMITATION FROM ANY DAMAGE, INJURY, DEATH, LOSS OR OTHER LIABILITY EITHER AT LAW OR EQUITY WHETHER KNOWN OR UNKNOWN, ASSERTED OR NOT ASSERTED THAT MAY ARISE FROM OR IN ANY WAY RELATE TO YOUR PARTICIPATION IN THE CONTEST.

These Contests and all matters arising or relating to the Contests will be governed by and construed in accordance with the laws of the state of Wisconsin and the United States and void where prohibited by law. Exclusive jurisdiction and venue shall be in the federal courts sitting in Madison, WI unless no federal court subject matter jurisdiction exists, in which case, exclusive jurisdiction and venue shall be in the state courts sitting in Madison, WI. Except where prohibited by law, as a condition of participating in any of the Contests, Contestants agree that any and all disputes and causes of action arising out of or connected with any of the Contests or any prizes awarded in connection with any of the Contests shall be resolved without resort to any form of class action.

Sponsor does not accept any liability for any statements or claims: (a) made by any internet seller or (b) regarding any internet seller’s products that appear on Sponsor’s or its associates or subsidiaries’ websites.
All information submitted by anyone (including but not limited to the Reports and Results) during any Sign Up Dates or between Sign Up Dates or at any other time is subject to Sponsor’s privacy policy found at www.spectrumbrands.com and facebook’s privacy policy found at www.facebook.com and people who submit any information (whether or not they enter any Contest as a contestant) may receive occasional updates, special offers and other information from Sponsor and its prize provider, and Spectrum’s affiliated and associated companies about their products and services and those individuals’ information may be shared with those companies. However on any notices individuals receive individuals will have the opportunity to choose not to receive any subsequent notices.

Canadians understand that their personal information will be retained by the Sponsor in the United States and that the United States governments, courts or law enforcement or regulatory agencies will be able to obtain disclosure of this information through the laws of the United States.

None of the four Contests are sponsored, endorsed or administered by or associated with facebook or with George Foreman. You understand that you are providing your information to Sponsor through a platform provider.

The Sponsor is Spectrum Brands, Inc., 601 Rayovac Drive, Madison, WI 53711. A prize provider is Whole Health Products, LLC, 17301 West Colfax Ave., #110 Golden, CO 80401.

These terms set forth the entire agreement between the parties and supersede all prior agreements and understandings relating thereto, whether oral or written.

VOID WHERE PROHIBITED OR RESTRICTED BY LAW.