GWX TRANSFORMATION CHALLENGE
OFFICIAL CONTEST RULES AND REGULATIONS
THE CONTEST (DEFINED BELOW) IS INTENDED FOR THE UNITED STATES ONLY, AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE OR IF YOU ARE LOCATED OUTSIDE THE UNITED STATES AT THE TIME OF ENTRY. VOID WHEREVER PROHIBITED. PARTICIPATION IN THE CONTEST IS SUBJECT TO THESE OFFICIAL RULES AT ALL TIMES. PARTICIPATION IN THE CONTEST VIA THE INTERNET OR A MOBILE DEVICE MAY INCUR INTERNET USAGE CHARGES AND/OR MESSAGE AND DATA CHARGES.
YOU UNDERSTAND AND AGREE TO ABIDE BY A SAFE RATE OF FITNESS ACTIVITY AND A SAFE RATE OF WEIGHT LOSS PER WEEK AS DETERMINED BY YOUR HEALTH CARE PROVIDER. SURGICAL PROCEDURES AND PRESCRIPTION AND OVER-THE-COUNTER MEDICATIONS/SUPPLEMENTS TO ACHIEVE WEIGHT LOSS ARE PROHIBITED. FAILURE TO ABIDE BY SUCH POLICIES MAY RESULT IN DISQUALIFICATION, AT SPONSOR’S SOLE DISCRETION.
1. CONTEST SPONSOR. The GWX Transformation Challenge (the “Contest”) is sponsored by Gloveworx USA, LLC, a Delaware limited liability company headquartered at 429 Santa Monica Blvd., Suite 320, Santa Monica, CA 90401 (“Sponsor”). The Contest is in no way sponsored by, endorsed by, administered by, or associated with any third party Social Media site, including Instagram® (“Instagram”), Facebook®, or Twitter® (collectively, “Social Media”). The Sponsor and its parent companies, affiliates, subsidiaries, sales representatives, advertising, sales promotion, and all other service agencies involved with the development, production, implementation, administration, or fulfillment of the Contest are collectively the “Contest Entities”. You understand that you are providing information to Sponsor only. Any questions or communications should be directed to Sponsor at [email protected] and not to any other party, including any Social Media site. By entering or participating in the Contest, each Entrant (defined below) accepts and agrees to be bound by these official Contest rules (these “Official Rules”).
2. ELIGIBILITY. The Contest is open to current subscribers of GWX On Demand who are legal residents of the United States and the District of Columbia, excluding residents of Puerto Rico and United States territories and possessions, who are eighteen (18) years of age or older at time of entry and who have registered on Instagram (each, an “Entrant” and, all Entrants together, collectively, the “Entrants”). The Contest is void outside the United States and where prohibited by law. Employees of the Contest Entities and the members of their immediate families (defined for these Official Rules as spouses, parents, children, siblings, and each of their respective spouses, regardless of where they reside) or individuals living in the same household (whether related or not) of any of the above are not eligible to participate.
3. CONTEST PERIOD. The Contest commences at 12:01 am Eastern Time (“ET”) on September 1, 2020 and ends at 11:59 pm ET on October 1, 2020 (“Contest Period”). All Entries must be submitted to the Sponsor during the Contest Period. Sponsor’s computer is the official time keeping device for this Contest. The Contest consists of one selection date, which will occur on or about October 6, 2020 (“Selection Date”), subject to any technical, administrative, or other unanticipated occurrences.
4. HOW THE CONTEST OPERATES. In order for an Entrant to participate in the Contest, the Entrant must navigate to the Instagram site (the “Site”) through their mobile application or web browser and follow the entry instructions provided on Sponsor’s Instagram account (@gloveworx) (each submission is an “Entry” and, all submissions by all Entrants, collectively, the “Entries”). All Entries must be received prior to expiration of the Contest Period.
6. ENTRY RESTRICTIONS. An Entry must not contain material that:
- 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;
- Contains any inappropriate, indecent, profane, obscene, hateful, tortuous, slanderous or libelous content;
- References Entrants or organizations without their written permission;
- Includes threats to any Entrant, place, business, or group;
- Is unlawful, in violation of or contrary to all applicable federal, state, or local laws and regulations; or
- That otherwise violates these Official Rules.
Failure of any Entrant to comply with the above “Entry Submission Guidelines” and “Entry Restrictions,” as determined by Sponsor in its sole discretion may result in disqualification of that Entrant. Without limitation, Sponsor reserves the right in its sole discretion to disqualify any Entries that, in Sponsor’s sole discretion, refers, depicts or in any way reflects negatively upon the Sponsor, the Contest, or any other Entrant or entity, or does not comply with these Official Rules, or if Sponsor receives notification about any potential infringements or breaches of law or any other reason as set forth herein. All Entries shall become the exclusive property of Sponsor and will not be returned.
7. SPONSOR’S USE OF THE ENTRIES. By submitting any Entry in connection with the Contest, each Entrant hereby assigns to Sponsor, for zero compensation, all intellectual property and other rights in and to his or her Entry, which rights include, without limitation, the Sponsor’s unrestricted right to use, publish, edit, modify, translate, reproduce, distribute and make available to the public worldwide in all print and electronic media (now or hereafter existing) without time limitation in any manner Sponsor deems appropriate, and the right to include his or her name and likeness in connection with the foregoing uses. Sponsor may contact an Entrant via private message, email or phone regarding his or her Entry. Each Entrant agrees and understands that his or her Entry may be made available to the public, including without limitation, on the Internet. Accordingly, Sponsor does not guarantee any confidentiality with respect to any of the Entries.
8. RECIPIENT DETERMINATION AND VERIFICATION. On the Selection Date, one (1) Prize Winner will be selected by Sponsor from among all eligible Entries received during the Contest Period (the “Prize Winner”). All eligible submissions will be reviewed by a panel of qualified judges chosen by the Sponsor in its sole and absolute discretion. The panel will be composed of no less than three, but no more than five judges comprised of any team member of Sponsor or other third parties. The judges will assess all qualified Entries individually by assigning a score of one (1) – one hundred (100) per Judging Category, as defined below, with a score of 400 being a perfect score. Each Judging Category is weighted equally. A description of each Judging Category is as follows:
|Judging Category||Factors Assessed||Score Assigned|
Judging CategoryVisibile Transformation
Factors AssessedLooking more athletic, loss of excess water weight, decreased waist size, more prominent shoulders, clothing fit, face shape, posture
Score Assigned__ / 100
Judging CategoryMuscle Tone
Factors AssessedShoulder, Core, Arm definition, Back definition ,Visible fat loss
Score Assigned__ / 100
Judging CategoryVisible Fitness
Factors AssessedPosture, visible weight loss, any videos of subscribers punching or exercising with videos
Score Assigned__ / 100
Judging CategoryAbility to Inspire
Factors AssessedFacial expression (positivity), Posting of Before & After photos
Score Assigned__ / 100
Subject to each Entrant’s compliance with these Official Rules, the Entrant receiving the highest aggregate score, as determined by tallying together each judges’ individual scores for all Judging Categories, will be deemed a potential Prize Winner. In the event Sponsor offers two or more Prizes in its sole and absolute discretion, the second highest scoring submission will be deemed a potential Prize Winner and so forth as necessary. In the event a tie-breaker is needed, the Entrant receiving the highest score for the Visible Transformation Category, as determined by tallying together the judges’ individual scores for the Visible Transformation Category, will be deemed the potential Prize Winner. The potential Prize Winners will be notified by email, phone, or other contact information specified in their Entry on or about October 6, 2020.
An Entrant is not a Prize Winner unless and until that Entrant’s eligibility has been verified by Sponsor, and Entrant has been notified that verification is complete. Upon verification, the Prize Winner will be announced by Sponsor via various Social Media platforms and email. In the event that a potential Prize Winner is determined to be ineligible, the Prize will be forfeited and Sponsor reserves the right to select an alternate potential Prize Winner from among all remaining eligible Entries.
Sponsor reserves the right to terminate or modify this Contest at any time for any reason. Sponsor also reserves the right to cancel, suspend or modify this Contest in whole in the event an insufficient number of Entries are received, an insufficient number of Entries meet the Site’s criteria, or as a result of any fraud, technical failures, human error or any other factors that impair the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any Entrant 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. Any attempt by any individual to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such individual to the fullest extent permitted by law. Sponsor reserves the right to control the timing of any public announcements related to the Contest. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
9. PRIZE. Sponsor will award one (1) grand prize (the “Prize”) to the verified winner (the “Winner”) consisting of two thousand five hundred ($2,500) USD. Any difference between stated value and actual value will not be awarded. A Prize is non-transferable and cannot be redeemed for cash. Odds of winning depend upon the number of eligible Entrants participating in the Contest. Sponsor reserves the right to substitute a Prize for a Prize of equal value at any time.
10. DISCLAIMER. EVERYTHING ON THE CONTEST ENTITIES’ SITE IS COMPILED FOR YOUR INFORMATION AND USE. THE INFORMATION IS NOT INTENDED TO REPLACE OR MODIFY THE MEDICAL ADVICE OF YOUR DOCTOR OR HEALTH CARE PROVIDER. PLEASE CONSULT YOUR HEALTH CARE PROVIDER FOR ADVICE ABOUT A SPECIFIC MEDICAL CONDITION. PLEASE REMEMBER THAT THE INFORMATION AND CONTENT, IN THE ABSENCE OF A VISIT WITH A HEALTH CARE PROFESSIONAL, MUST BE CONSIDERED AS AN INFORMATIONAL/EDUCATIONAL SERVICE ONLY AND IS NOT DESIGNED TO REPLACE A PHYSICIAN'S INDEPENDENT JUDGMENT ABOUT THE APPROPRIATENESS OF RISKS OF A PROCEDURE OR CONDITION FOR A GIVEN PATIENT. BEFORE PARTICIPATING IN THIS CONTEST OR ANY OTHER WEIGHT OR FITNESS PROGRAM, CONSULT YOUR PHYSICIAN TO DETERMINE IF THE WEIGHT OR FITNESS PROGRAMS ARE RIGHT FOR YOUR NEEDS. YOU SHOULD NOT PARTICIPATE IN THIS CONTEST IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT. YOU UNDERSTAND THAT HEALTH, DIET AND FITNESS ADVICE IS SUBJECT TO UPDATING DUE TO MEDICAL RESEARCH AND DEVELOPMENTS AND NO ASSURANCE CAN BE GIVEN THAT THE CONTEST CONTENT WILL REFLECT THE MOST RECENT FINDINGS OR DEVELOPMENTS OR ENSURE ANY RESULTS. YOU ARE ENCOURAGED TO CONSULT WITH YOUR HEALTH CARE PROVIDER WITH ANY QUESTIONS OR CONCERNS THAT YOU MAY HAVE.
11. DISCLAIMER OF WARRANTY. EVERYTHING ON THE CONTEST ENTITIES’ SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. FURTHER, THE CONTEST ENTITIES MAKE NO REPRESENTATION THAT MATERIALS ON ITS OR THEIR SITES RELATING TO THE CONTEST ARE APPROPRIATE OR AVAILABLE FOR USE AT ALL LOCATIONS AT ALL TIMES. IT IS ENTRANT’S RESPONSIBILITY TO ENSURE THAT ACCESSING ANY OF THE CONTEST ENTITIES’ SITES AND ENTERING THE CONTEST IS LEGAL AND NOT PROHIBITED BY THE LAWS OF THE JURISDICTION IN WHICH ENTRANT IS A CITIZEN.
12. INDEMNIFICATION. By entering, you agree that Contest Entities are indemnified, released and held harmless by you from any and all liability, for any damages, injuries, or losses of any kind to person(s), including death, or property (including pets), arising directly or indirectly from the acceptance, possession, misuse or use of the Prize or your participation in the Contest or any Contest-related activity, in any way.
13. LIMITATIONS OF LIABILITY. The Contest Entities are not responsible for and are hereby released from liability with respect to: (a) any printing, typographical, mechanical, or other errors in the printing, the offering, or the administration of the Contest or in the announcement of the Prize; (b) lost, late, illegible, misdirected, or non-delivered entries or emails; (c) any entries submitted in a manner that is not expressly allowed under these Official Rules; (d) for lost, interrupted or unavailable satellite, network, server, Internet Service Provider, Site or other connections availability, accessibility or traffic congestion, or miscommunications, or failed computer, network, telephone, or cable hardware, software or lines, or technical failure, or jumbled, scrambled, delayed, or misdirected transmissions, or computer hardware or software malfunctions, failures or difficulties; (e) other errors of any kind whether human, mechanical, electronic or network, or the incorrect or inaccurate capture of entry or other information or the failure to capture, or loss of, any such information; (f) any incorrect or inaccurate information, whether caused by Site users, or by any equipment or programming associated with or utilized in the Contest; (g) any error, omission, interruption, deletion, defect or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or tampering with or hacking of any Site; or (h) injury or damage to Entrant’s or any other person’s computer related to or resulting from participating in the Contest or downloading or copying materials from or use of the Site.
IN NO EVENT WILL THE CONTEST ENTITIES OR SOCIAL MEDIA ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF ENTRANT’S PARTICIPATION IN THE CONTEST OR ENTRANT’S ACCESS TO AND USE OF CONTEST ENTITIES’ OR SOCIAL MEDIA ENTITIES’ WEBSITES OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID WEBSITES. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
14. GENERAL CONDITIONS. By entering, Entrants agree that all issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, Entrant’s rights and obligations, or the rights and obligations of Sponsor in connection with the Contest, will be governed by, and construed in accordance with, the laws of the State of New York without giving effect to any choice of law or conflict of law rules, and any matters or proceedings shall take place in the State of New York. By entering, Entrants consent to exclusive jurisdiction and venue of the federal or state court situated in New York City, New York. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds may be tampering with the entry process or operation of the Contest or any associated Site, may be acting in violation of the terms of an associated Site or these Official Rules or may be acting in a non-sportsmanlike or disruptive manner, or with intent to threaten, abuse or harass any other person. If, for any reason, the Contest is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, hacking, unauthorized intervention, fraud, technical failures or any other causes which, in sole opinion of Sponsor, corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Contest, and randomly determine the Winner from among all eligible, non-suspect entries received prior to action taken. Any attempt to deliberately damage any Site or undermine the legitimate operation of the Contest is unlawful and subject to legal action by Sponsor or its agents. Further, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Contest or these Official Rules without notice. If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. A waiver of any provision(s) of these Official Rules must be in writing, and a waiver in one instance or provision shall not be considered a waiver of any other instance or provision.
15. WINNERS’ LIST. The name of the Winners will be available on or about thirty (30) days after the end of the Contest Period. To review the Winner’s list, send a self-addressed stamped envelope to Gloveworx USA, LLC, 429 Santa Monica Blvd., Suite 320, Santa Monica, CA 90401.