Tag: Editorial

(Photo via bodyfortress.com)

WANT TO WIN SOME BODY FORTRESS SUPPLEMENTS OF YOUR OWN?

Tweet your best “gym motivation” photos to @CagePotatoMMA by 11:59 p.m. ET on December 31st. The photos can be funny, sexy, or downright stupid. Original photos — like, ones that you took or created yourself — get bonus points. Please tag @bodyfortress and include the hashtag #CPBF when tweeting

We’ll post the best entries on CagePotato.com in mid-January. The grand prize winner will receive one container of Body Fortress Creatine HCL, one container of Body Fortress Super NOS Blast, one container of Body Fortress Whey Isolate, one container of Body Fortress Glutamine, and a hydrator bottle. (A $98 value.) Three runners-up will receive one container of Body Fortress Super NOS Blast and a hydrator bottle. (A $40 value.) Check out the detailed contest rules and legalese below, and good luck out there!

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BODY FORTRESS GYM MOTIVATION PHOTO CONTEST

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED AND THE SKILL OF EACH ENTRANT AS DETERMINED BY THE JUDGES (AS DEFINED BELOW). THIS IS A SKILL-BASED CONTEST. PRIZE ACCEPTANCE RELEASE MAY BE REQUIRED. SPONSOR OBTAINS A NON-EXCLUSIVE LICENSE TO POST AND USE ANY AND ALL CONTENT SUBMITTED AS PART OF THE CONTEST. VOID WHERE PROHIBITED BY LAW.

BY ENTERING (OR OTHERWISE PARTICIPATING) IN THE CONTEST, ENTRANTS AGREE TO THESE OFFICIAL RULES, WHICH CREATE A CONTRACT SO READ THEM CAREFULLY BEFORE ENTERING. SUCH CONTRACT INCLUDES, WITHOUT LIMITATION, GRANTS OF RIGHTS AND INDEMNITIES TO SPONSOR FROM YOU, MANDATORY ARBITRATION OF DISPUTES, A WAIVER OF THE ABILITY TO BRING CLAIMS IN CLASS ACTION AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.

1. SPONSOR:

Defy Media, LLC (“Sponsor“) 498 Seventh Avenue, 19^th Floor New York, NY 10018.

2. ELIGIBILITY (WHO MAY ENTER):

The Body Fortress Gym Motivation Photo Contest (“Contest“) is open to legal residents of the fifty (50) United States and the District of Columbia who are eighteen (18) years of age or older, at the time of entry. Employees of Sponsor, United States Nutrition, Inc. (“USN”) and each of their respective parents, affiliates, subsidiaries, advertising and promotion agencies, agents, directors, officers and distributors and other Suppliers (defined below), and each of their immediate family members and/or those living in the same household (whether legally related or not) of each are ineligible to enter the Contest or win the Prize (as defined below). By entering or participating in the Contest, Entrants agree to be bound by these “Official Rules” and the decisions of the Judges and/or Sponsor, which are binding and final on matters relating to this Contest, including, without limitation, interpretation of the Official Rules. Void where prohibited by law.

3. CONTEST PERIODS:

The Contest begins with the beginning of the Submission Period on December 11, 2014 at 11:00 a.m. Eastern Time (“ET“) and the Submission Period ends at 11:59 p.m. ET on December 31, 2014 and final judging is expected to be completed by January 14, 2015 (unless extended by Sponsor in its sole and absolute discretion):

PHASE	BEGIN TIME/DATE	END TIME/DATE
“SUBMISSION PERIOD”	11:00 a.m. ET on December 11, 2014	11:59 p.m. ET on December 31, 2014
“JUDGING PERIOD”	January 1, 2015	January 14, 2015
WINNER ANNOUNCED	Between January 14 and 16, 2015

 
4. HOW TO ENTER:

You may enter the Contest by submitting a tweet from the Your personal Twitter account (each, a “Submission”) which Submission must: (i) include a photograph showing Your best “gym motivation”; (ii) be directed to the www.cagepotato.com Twitter account located at @CagePotatoMMA; (iii) “tag” the Body Fortress Twitter account located at @bodyfortress; and (iv) include the hashtag #CPBF to constitute a valid Entry. Submissions that do not contain all the entry requirements specified in the previous sentence shall be disregarded. Entry requires signing up for a Twitter account through www.twitter.com. As of the start of the Submission Period, there is no charge for a Twitter account. If You are a first time visitor to Twitter, You will be prompted to complete the on-screen registration form. Registration is a one-time requirement. If You are a returning visitor, You will be prompted to log-in using Your e-mail address. Sponsor has no control over the data practices and data collection of Twitter. 

In addition to these Official Rules, by entering the Contest You agree to be bound by the Twitter Terms of Use and the terms of Twitter’s Privacy Policy, both of which are incorporated as part of these Official Rules by reference. Twitter is not a sponsor or participant in this Contest and makes no endorsement, either expresses or implied, in connection with this Contest. Twitter and the Twitter logos are trademarks of Twitter. All rights reserved.

ONCE TRANSMITTED ALL SUBMISSIONS BECOME PART OF THE CONTEST AND MAY NOT BE REMOVED BY THE ENTRANT, EVEN IF ENTRANT WITHDRAWS FROM CONTEST CONSIDERATION AND, BY ENTERING, EACH ENTRANT AGREES THAT IT SHALL IMMEDIATELY REMOVE SUBMISSIONS FROM PUBLIC ACCESS AT SPONSOR’S REQUEST. Each eligible Submission to the Contest will be an entry in the Contest (“Entry“). All Entries must be received within the Submission Period. For purposes of this Contest, an Entry is “received” when the @CagePotatoMMA Twitter account records the entry information. Proof of sending (such as an automated computer receipt confirming entry or “thanks for entering” message) does not constitute proof of actual receipt of an Entry for purposes of this Contest. The timestamp issued by Twitter will be the official time keeper for the Contest. By submitting an Entry to the Contest, each Entrant is affirming his/her agreement to the Official Rules. Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of Sponsor will be disqualified.

There is a limit of one (1) Entry/per Entrant/per email address. Use of any automated system to submit an Entry is prohibited and will result in disqualification. Sponsor reserves the right to void all Entries made through any robotic, automatic, mechanically programmed or similar entry duplication method and to disqualify any individual using such a method.

In the event of a dispute as to the identity of any Entrant who submits an online Entry, the Entry will be deemed submitted by the holder of the Twitter account, at Sponsor’s election, for whom the entry form was completed. Winners may be required to show proof of being the actual account holder. If a dispute cannot be resolved to the Sponsor’s satisfaction, the Entry will be deemed ineligible.

Sponsor and affiliated entities are not responsible for lost, misdirected, misplaced, stolen, tampered with, deleted, or invalid Entries. Assurance of delivery of Entries is the sole responsibility of the Entrant.

5. SUBMISSION CONTENT GUIDELINES:

1. Submissions that do not meet the following “Content Guidelines” are subject to disqualification and/or removal, at Sponsor’s absolute and sole discretion:
2. Submissions must comply with these Official Rules and any Terms of Use posted on www.cagepotato.com (the “Contest Website”).
3. Submissions must be submitted during the Submission Period and submitted for consideration as set forth herein (no other form of submission (e.g. email) will be accepted).
4. All aspects of Your Submission must be originally created by and solely owned by You or in the public domain.
5. Your Submission may not include the names, likenesses, or personas of any party other than Yourself, unless in the public domain or unless You have written permission.
6. Your Submission must NOT identify, reference, or depict any third party or any third party’s brands or products without written permission.
7. Your Submission must NOT contain any commercial or corporate advertising (including, without limitation, corporate logos, brand names, and slogans), recognizable branded products, or commercial artwork.
8. Your Submission must NOT infringe, misappropriate, or violate any rights of any third party including, without limitation, copyright, trademark, trade secret, or right of privacy or publicity.
9. Your Submission must NOT include information or content that is false, fraudulent, deceptive, misleading, defamatory, threatening, trade libelous, slanderous, libelous, disparaging, unlawfully harassing, profane, obscene, pornographic, hateful, indecent, inappropriate or injurious to any individual, Sponsor, or any third party (as determined in Sponsor’s sole discretion).
10. Your Submission must NOT contain any harmful or illegal activity or in any way violate any federal, state, or local laws or regulations.
11. Your Submission must be suitable for presentation in a public forum.
12. Your Submission must not suggest inappropriate, unlawful, or dangerous activities.
13. You must not include any personally identifiable information about third parties in Your Submission.
14. Your Submission must only be used for entry into this Contest and activities related to the Contest.

If any Submission fails to comply with any of these Submission Content Guidelines, or any other provisions of these Official Rules, Sponsor reserves the right to disqualify the Entrant and the Submission will not be eligible to win.

6.  INTELLECTUAL PROPERTY RIGHTS:

Each Entrant retains ownership of his/her Submission. Each Entrant hereby grants to each of Sponsor, USN, and their parent, affiliate, and subsidiary companies and designated agents a non-exclusive, transferable, perpetual, irrevocable, royalty free, unconditional, fully paid license and right: (a) to post and to make, have made, use, copy, reproduce, modify, and create derivative works of, the Submission and any materials provided by the Entrant with the Entrant’s Submission or otherwise through the Contest (“Entrant Materials“); (b) to publicly perform or display, import, broadcast, transmit, distribute (directly and indirectly), or license the Submission and Entrant Materials (and derivative works thereof); and (c) to sublicense to third parties the foregoing rights, including the right to sublicense to further third parties. Additionally, each Entrant consents to the use of the name, statements, photographs, videos, voice recordings and likenesses of himself/herself and any other person appearing in the Submission and Entrant Materials, for publicity purposes, as well as any other purpose associated with the Contest.

If requested, Entrant will sign any documentation that may be required for Sponsor, USN, and their parent, affiliate, and subsidiary companies and designated agents to make use of the non-exclusive rights Entrant is granting to use the Submission and Entrant Materials.

 7. DETERMINATION OF WINNER: 

After the conclusion of the Submission Period, assuming a sufficient number of eligible Entries are received, the editorial staff of www.cagepotato.com (the “Judges”) will judge all eligible Entries on overall artistic merit of the work, using the following ranking criteria:

• 50% based on creativity;
• 25%% based on concept execution; and
• 25% based on originality.

The four (4) Submissions with the highest total overall scores (as determined by the Judges) will be determined to be the potential winning Submissions (the “Winners”), subject to confirmation that such potential Winners have met the eligibility requirements and complied with these Official Rules and full and timely completion and return of Prize claiming requirements described below. In the event of a tie during the Winner determination process, the Sponsor will break the tie using the highest ranking submission in the creativity category. If there still remains a tie, the Sponsor will break the tie using the highest ranking submission in the concept execution category. The Judges’ decisions are final and binding and not subject to challenge or appeal.

Sponsor reserves the right to conduct an interview and background check of any and all records of all Winners, including, without limitation, civil and criminal court records and police reports. To the extent necessary under law, Winners shall authorize this background check. Sponsor may also take all steps necessary to corroborate any information provided to Sponsor by Winners in their interview and/or background check. In that regard, Winners will be obligated to provide necessary contacts and information so that Sponsor may conduct such investigation. Sponsor reserves the right (at its sole discretion) to disqualify the WinnerS from any prize, based on the background check.

8. ODDS:

Odds of winning the Prize will depend upon the total number of eligible Entries received during the Submission Period and the skill of each Entrant as determined by Judges.

9. PRIZE:

The value of each prize indicated below is an approximate retail value (“ARV”).

One (1) Grand Prize winner will receive:

• one (1) container of Body Fortress Creatine HCl;
• one (1) container of Body Fortress Super NOS Blast;
• one (1) container of Body Fortress Whey Isolate;
• one (1) container of Body Fortress Glutamine;
• one (1) hydrator bottle.

TOTAL ARV OF GRAND PRIZE: $98.00

Three (3) Second Place Prize winners will each receive:

• one (1) container of Body Fortress Super NOS Blast; and
• one (1) hydrator bottle.

TOTAL ARV OF EACH SECOND PLACE PRIZE: $40.00

TOTAL ARV FOR ALL PRIZES: $218.00

Sponsor will not replace any lost or stolen Prize or parts thereof. Prize is non-transferable, with no cash redemptions, equivalents or substitutions except at Sponsor’s sole and absolute discretion. Prize details and availability are subject to change, and in the event that Sponsor is unable to provide the Winner with the Prize or part(s) thereof, the Sponsor may elect, at the Sponsor’s sole and absolute discretion, to provide Winner with the approximate value of such item in cash or award an alternate prize of comparable or greater value.  PRIZE IS AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE). Prizing may be fulfilled by a third party.

The winning Entry or Entries may be publicly displayed, performed, broadcast, duplicated, manufactured, provided for sale, advertising purposes, etc. Entrants acknowledge and agree no additional agreement or consent of the Winner will be necessary to so. Upon submission, Entrants hereby grant to Sponsor all necessary rights to use the winning Entry as stated. The sole compensation to the Winner will be the Prize and no additional compensation will be due or paid as a result of the Entry being used as contemplated in these Official Rules.

The Winner will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the Prize(s) they receive. The stated ARV of the Prize(s) in the Official Rules is based on available information provided to Sponsor and the value of any Prize awarded to a Winner may be reported for tax purposes as required by law. The Winner must provide Sponsor with a valid social security number before the Prize will be awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name of Winner, or if a minor in the jurisdiction in which s/he resides, in the name of his/her parent or legal guardian, for fifty percent (50%) of the actual value of the Prize(s) received. Unclaimed Prize(s) will be forfeited.

10. WINNER NOTIFICATION AND PRIZE CLAIMING:

The potential Winner will be notified via Twitter on or about January 16, 2015. Notification is deemed to have occurred immediately upon sending of the tweet notifying the Winner. Each potential Winner of the Contest may (in Sponsor’s sole discretion) be required to execute an affidavit of eligibility/release of liability/prize acceptance agreement (the “Prize Acceptance Release“) and return the Prize Acceptance Release before being eligible to receive his or her Prize. If any potential Winner fails or refuses to sign and return such Prize Acceptance Release within forty-eight (48) hours of the first (1st) notification attempt or if the Prize or Prize notification is returned as rejected, faulty, unclaimed or returned as undeliverable to such potential Winner, such potential Winner (in Sponsor’s sole discretion) may be disqualified and an alternate may (in Sponsor’s sole discretion) be selected. Parents or legal guardians of any Winner under the age of majority in their state of residence may be required to also execute the Prize Acceptance Release in order for the Winner to be qualified to receive their Prize. If any potential Winner is found to be ineligible, or if he or she has not complied with these Official Rules, he or she may be disqualified in Sponsor’s sole discretion, and an alternate potential Winner may then, in Sponsor’s sole discretion, be selected by the Judges from the criteria set forth above. The Prize Acceptance Release is subject to verification by Sponsor.

Sponsor is not responsible for and shall not be liable for late, lost, damaged, intercepted misdirected, or unsuccessful efforts to notify the potential Winner, or if potential Winner is a minor, for late, lost, misdirected, or unsuccessful efforts of potential Winner to provide signed parental or guardian consent. When a potential Winner is contacted, he/she will have forty-eight (48) hours within which to respond to the notification, or he/she will be disqualified and his/her Prize forfeited, and an alternate potential Winner may be selected.

11. PUBLICITY RELEASE:

Subject to applicable law, Winner irrevocably grants each of Sponsor, USN, and their parent, affiliate, and subsidiary companies and designated agents and licensees, and its and their successors, assigns and sublicensees the right and permission to use their name (except that the name of Tennessee residents who do not so consent will not be used for purely publicity purposes), voice, likeness, image, recording, and/or biographical material for advertising, promotional and/or publicity purposes in connection with the Contest, in all forms of media and by all manners (now and hereafter known), and on and in connection with related products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any obligation, notice or consideration except for the awarding of the Prize(s) to the Winner. Entrants agree not to issue any publicity concerning Sponsor, USN, and/or any of their products or offerings, whatsoever.

12. REPRESENTATIONS AND WARRANTIES:

Each Entrant hereby represents and warrants that he or she has read, understands and will follow these Official Rules. Entrants further represent and warrant that Submissions and all elements therein submitted as part of the Contest: (1) are wholly original work of the Entrant; (2) will not infringe or violate any right whatsoever, including, without limitation, any personal rights (e.g., defamation, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, right to ideas, etc.) of any person or entity and the use thereof will result in no third party liability or obligations; and (3) is not the subject of any threatened or pending litigation, claim or dispute that might give rise to litigation, which adversely affects or in any way prejudices, impairs or diminishes the rights granted hereunder or the value thereof. Each Entrant further represents and warrants that he or she is a legal resident of the United States or the District of Columbia, and is at the time of entry, at least eighteen (18) years of age. Each Entrant further represents and warrants that he or she has the right to agree to and fully perform consistent with these Official Rules and the consent of no third parties are required to grant the rights hereunder. Entrants agree to defend, indemnify and hold Sponsor, USN, and each of their respective parents and each of their respective affiliates, subsidiaries, successors, assigns and licensees, harmless from and against any third party claim, to the extent relating to any breach of any representation, warranty or covenant made by such Entrant in connection with his or her acceptance of these Official Rules or Contest activities.

13. TAMPERING WITH CONTEST:

Sponsor is not responsible for the actions of Entrants in connection with the Contest, including Entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Contest. Persons found tampering with or abusing any aspect of this Contest, or whom Sponsor believes to be causing malfunction, error, disruption or damage may be disqualified. Additionally, any attempt to cheat the Contest, as determined at the sole discretion of Sponsor, may result in immediate disqualification of the Entrant, as well as other possible consequences, including disqualification from any and all existing and future contests. ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE ANY WEBSITE (INCLUDING THE CONTEST WEBSITE) OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right, at its sole and absolute discretion, to disqualify any individual who is found to be, or suspected of, acting in violation of these Official Rules, or to be acting in an unsportsmanlike, obscene, immoral or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person.

14. WAIVERS, DISCLAIMERS AND RELEASES:

By participating, Entrants agree to be bound by the Official Rules and the decisions of the Sponsor (including, without limitation, regarding qualification of Entrants and Winner and interpretation of these Official Rules). By participating in the Contest, Entrants agree to release, discharge and hold harmless Sponsor USN, and each of their respective parents, subsidiaries, affiliates, agents, distributors, licensors, licensees, representatives, attorneys, Prize providers and advertising and promotion agencies, and each of their respective directors, officers, employees, agents, successors and assigns (“Released Parties“): from and against and any and all claims, liability, costs, losses, damages or injuries of any kind arising out of or related to Entrants’ participation in the Contest and/or related to any Prize (including, without limitation, losses, damages or injuries to Entrant’s or any other person’s equipment or other property, or to their persons (including death), related to participation in the Contest; or arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property; or from any typographical, human or other error in the printing, offering, selection, operation or announcement of any Contest activity and/or Prize). Without limiting the generality of the foregoing Entrants agree that Released Parties: (A) have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the Contest and/or with respect to Prizes, including, without limitation, to any Prize’s quality or fitness for a particular purpose; (B) maintain no control over the personnel, equipment or operation of any air, water or surface carrier, ship line, bus or limousine company, transportation company, hotel, manufacturer or other person or entity furnishing services, products or accommodations (“Suppliers“) as a part of the Prizes provided in connection with the Contest; and (C) will not be responsible or liable for any injury, damage, loss, expense, accident, delay, inconvenience or other irregularity that may be caused or contributed to: (1) by the wrongful, negligent or unauthorized act or omission on the part of the Suppliers or any of their agents, servants, employees or independent contractors, (2) by any defect in or failure of any vehicle, equipment, instrumentality, service or product that is owned, operated, furnished or otherwise used by any of those Suppliers, (3) by the wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Released Parties, and (4) by any cause, condition or event whatsoever beyond the control of the Released Parties. Entrants agree that the Released Parties shall have no responsibility or liability for discontinued Prizes; human error; incorrect or inaccurate transcription of registration and/or account information; any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, or Internet service provider utilized by Sponsor; interruption or inability to access Twitter, the Contest Website or Sponsor or affiliated entities’ respective websites, or any online service via the Internet due to hardware or software compatibility problems; any damage to participant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Contest; any lost/delayed data transmissions, omissions, interruptions, defects; and/or any other errors or malfunctions, even if caused by the negligence of the Released Parties. Each Entrant further agrees to indemnify and hold harmless Released Parties from and against any and all liability resulting or arising from the Contest and to release all rights to bring any claim, action or proceeding against Released Parties and hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to a Prize, including express warranties provided exclusively by a Supplier that may be sent along with a Prize. Sponsor is not responsible for the actions of Entrants in connection with the Contest, including Entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Contest. By participating in this Contest, Entrants hereby agree to irrevocably release and hold the Released Parties harmless from and against all losses, damages, liabilities, claims, actions, proceedings, or judgments arising out of or relating to Entrants’ Submissions or participation in this Contest or in connection with (including any use or misuse) of any Prizes awarded hereunder. Entrants further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542“) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.

15. SUSPENSION / MODIFICATION / TERMINATION:

Sponsor reserves the right, in its sole discretion, to modify, change, add to, delete, suspend or terminate these Official Rules, the Contest and/or the Prize for any reason whatsoever without giving notice to Entrants. Sponsor additionally reserves the right, in its sole discretion: (1) to modify, suspend or terminate the Contest should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Contest; or (2) to disqualify any Entrant found to be, or suspected of: (a) tampering with the entry process or the operation of the Contest; (b) acting in violation of these Official Rules; or (c) acting in an un-sportsmanlike manner. All Entrants must check the Contest Website regularly to determine if there have been any changes made to the Official Rules, the Contest or the Prize.

In the event Sponsor is prevented from continuing with the Contest by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Contest by any party, or any federal state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence) Sponsor shall have the right to modify, suspend or terminate the Contest.

16. GOVERNING LAW / LIMITATION OF LIABILITY:

VOID WHERE PROHIBITED BY LAW. All federal, state and local laws and regulations apply. By participating, Entrants agree to be bound by the Official Rules, the Contest Website Terms of Use, and the Twitter Terms of Use, and the decisions of the Sponsor and Judges which are final and binding in all respects. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Entrants, Sponsor or the Released Parties in connection with the Contest will be governed by and construed in accordance with the internal laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws.

BY ENTERING THE CONTEST, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS $250.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.

17. DISPUTES / ARBITRATION:

EACH PERSON WHO PARTICIPATES IN THE CONTEST IRREVOCABLY AGREES THAT SUCH DISPUTE(S) WILL BE RESOLVED SOLELY BY BINDING ARBITRATION BEFORE A SOLE ARBITRATOR, WITH EXPERIENCE IN ADVERTISING OR PROMOTION AND ENTERTAINMENT LAW, UNDER THE RULES AND REGULATIONS OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA“); PROVIDED, HOWEVER, THAT NOTWITHSTANDING THE PARTIES’ DECISION TO RESOLVE ANY AND ALL DISPUTES ARISING UNDER THIS CONTEST THROUGH ARBITRATION, SPONSOR MAY (1) SEEK TO OBTAIN INJUNCTIVE RELIEF OR OTHER EQUITABLE RELIEF FROM A COURT TO ENFORCE THE PROVISIONS OF THESE OFFICIAL RULES; (2) BRING AN ACTION IN COURT TO PROTECT AND INTERPRET SPONSOR’S INTELLECTUAL PROPERTY RIGHTS; AND/OR (3) BRING AN ACTION TO ENFORCE THE DECISION OF THE ARBITRATOR BEFORE ANY COURT WITH APPLICABLE JURISDICTION. The arbitration will be held in New York, New York or Los Angeles, California (which ever location is closer to Entrant’s home). The arbitrator will apply the substantive laws of the state of New York, will issue a written decision and will have the power to award any legal remedies except as limited by these Official Rules. The parties will split the arbitrator’s fee; provided, however, if applicable law requires Sponsor to pay the arbitrator’s fee in order for the arbitration provision to be enforceable, Sponsor shall have the discretion to elect to pay such fees and proceed to arbitration. Entrant irrevocably waives any right to bring or join in any class action regarding the Contest. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. This arbitration provision shall be deemed to be self-executing, and in the event that any party fails to appear to any properly noticed arbitration proceeding, an award may be entered against such party notwithstanding said failure to appear. In no event shall any Entrant seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the operation of this Contest (or any website connected therewith), exploitation of any advertising or other materials issued in connection therewith, or exploitation of this Contest (or any website or any content or other materials used or displayed on the website used in connection with the Contest) or the Entrant’s Submission(s).

18. MISCELLANEOUS:

The invalidity or unenforceability of any provision of these Official Rules or the Prize Acceptance Release will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the Prize Acceptance Release is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof.

19. LIST OF CONTEST WINNER(S)/OFFICIAL RULES REQUESTS:

To receive a list of Winner, send a stamped self-addressed envelope to: Body Fortress Gym Motivation Contest Winner List, c/o Defy Media, LLC at 498 Seventh Avenue, 19^th Floor New York, NY 10018. A Winner’s list may also be posted on the Contest Website for sixty (60) days after the Winner is selected. For a copy of these Official Rules send a legal-size, self-addressed, stamped envelope to: Body Fortress Gym Motivation Contest Official Rules, c/o Defy Media, LLC at 498 Seventh Avenue, 19^th Floor New York, NY 10018 prior to March 31, 2015. Vermont residents may omit return postage with Official Rules requests.

20. PRIVACY POLICY AND TERMS OF USE:

If You enter the Contest, Sponsor will have access to Your personal information. By entering the Contest, You accept Sponsor’s Privacy Policy and Terms of Use each as posted on the Contest Website. In the event of a conflict between the Official Rules and the Contest Website’s Terms of Use, and/or Privacy Policy, these Official Rules will govern. Each Entrant further acknowledges that if s/he is chosen as a Winner, certain of his/her identifying information may be disclosed to third parties as required by law, including, without limitation, on a Winner list. In the event of any conflict between the Official Rules and the Prize Acceptance Release, the Prize Acceptance Release will govern.

//END OFFICIAL RULES//

© 2014 Defy Media, LLC All Rights Reserved.

Body Fortress Gym Motivation

ABBREVIATED RULES

 

ABBREVIATED RULES for online Ads—Banner

 

NO PURCHASE NECESSARY. Enter Contest by: December 31, 2014. To enter and for Official Rules, please visit http://www.cagepotato.com/bodyfortresscontest.

 

ABBREVIATED RULES for online Ads—Not a Banner

 

NO PURCHASE NECESSARY. Open to entrants 18 years of age or older. Begins: December 10, 2014, at 6:00 p.m. Eastern Standard Time. Ends on December 31, 2014 at 11:59 p.m. Eastern Standard Time. To enter and for Official Rules, please visit http://www.cagepotato.com/bodyfortresscontest. Void where prohibited. Sponsor: Defy Media, LLC