DECLARATION DECEMBER CONTEST
Terms & Conditions
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. VOID WHERE PROHIBITED OR RESTRICTED BY APPLICABLE FEDERAL, STATE, OR LOCAL LAWS AND REGULATIONS. OPEN ONLY TO LEGAL U.S. RESIDENTS PHYSICALLY LOCATED AND RESIDING IN THE 50 STATES AND THE DISTRICT OF COLUMBIA. VOID IN U.S. TERRITORIES AND POSSESSIONS AND WHERE PROHIBITED. MUST BE 18 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY. INTERNET ACCESS IS REQUIRED.
- BINDING AGREEMENT: By participating in the Declaration December Contest (the “Contest”), entrant fully and unconditionally agrees to accept these Official Terms and Conditions, and the decisions of the Sponsor, which are final and binding in all matters related to the Contest. Participation further constitutes entrant’s willingness to be contacted by mail, telephone, and/or email. To be eligible for a prize an entrant must fulfill all requirements set forth herein.
- HOW TO ENTER: You may enter the Contest through the online application at http://bit.ly/2dbbYXU. Online submissions will be accepted from 12:01 a.m. on December 12, 2016 E.S.T. through 11:59 p.m. on December 31, 2016 E.S.T. (“Entry period”). An “Entrant” is a participant in the Contest. Entrants may enter the Contest any time between those dates.
Valid entries must include a completed online contest form; agreement to terms and conditions; a Testimonial Release; as well as a completed success story form, and (2) full-body before and after photos that showcase a significant physical change in 2016.
All submissions, stories and photos become the property of the Sponsor (as defined below) and may be used by the Sponsor for promotional and advertising purposes. Entries must not be offensive, defamatory or racist. Any entry that the Sponsor in its sole discretion deems inappropriate or non-compliant will be invalid and disqualified.
Additional Entry Conditions: There is no entry fee to participate in the challenge. Only one entry per person is permitted.
Sponsor has no obligation to advise an Entrant of an incomplete or otherwise non-compliant entry. Incomplete or indecipherable entries will be deemed invalid and disqualified. Sponsor is not responsible for lost, late, invalid, unintelligible, incomplete, garbled, or misdirected entries, which will be invalid and disqualified. No mailed, telephoned, faxed, or mechanically reproduced entries will be accepted. Proof of submission of an entry will not be deemed proof of receipt. Receipt of entries will not be acknowledged, nor will proof of submission of an entry form be deemed proof of receipt.
Sponsor will be collecting personal data about Entrants (including, without limitation, name, address, phone number, and e-mail) when they enter the Contest. This material may be used for marketing communications and customer support by the Sponsor but will not be sold. Acceptance of any prize shall constitute and signify Contest winner’s agreement and consent that Sponsor may use the Contest winner’s name, city, state, likeness, photo, personal story, prize information, and any other information submitted to Sponsor by the Entrant in connection with the Contest, for the Sponsor’s marketing and promotional purposes, including on the Internet, without limitation and without further payment or consideration, except where prohibited by law. Contest winner accepts and acknowledges that Sponsor shall not be obligated to use the materials submitted by the Entrant (the “Submission”) and that Sponsor in its sole discretion shall have the right to refrain from using the Submission.
- PRIZES: Three (3) total winners will be chosen. Each winner will receive one (1) Prize package. Each prize package will include the winner’s choice of either:
- A 30 day supply of their favorite Medifast Meals (126 meals) OR One (1) 30-Day Select Complete Kit from Medifast
Total Estimated Retail Value (ERV) of each prize choice is approximately $557.30 USD. Actual values of the Prizes may vary.
The prize must be taken as offered and may not be assigned or transferred. The prize, or any unused portion of the prize, is not exchangeable by winners and cannot be redeemed by winners for cash. The prize cannot be used in conjunction with any other special offer. The prize is valued in United States dollars. The Sponsor accepts no responsibility for any variation in the prize value. Sponsor reserves the right, in its sole discretion, to substitute a prize of equal or greater value. Any ancillary costs associated with redeeming prizes are not included.
Incidental expenses and all other costs and expenses which are not specifically listed as part of the prize in these official rules and which may be associated with the award, acceptance, receipt and use of all or any portion of the awarded prize are solely the responsibility of the winner. ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER.
Except for the prize value, Winner will not receive any additional compensation or acknowledgement for participation in the Contest.
Restrictions: See Eligibility section for restrictions and eligibility requirements.
- ELIGIBILITY: The Contest is open to legal U.S. residents physically located and residing in the 50 states and District of Columbia who are at least 18 years of age or older at time of submission. Void in U.S. Territories and Possessions and where prohibited or restricted by applicable federal, state or local laws and regulations. The contest, and any website pages relating thereto, is intended for viewing only within the United States.
Sponsor, its respective promotions agencies, parent companies, subsidiaries, officers, directors, partners, principals, affiliates, partnerships, employees, agents (collectively, the “Contest Entities”), their immediate families (defined as spouse, mother, father, sisters, brothers, sons and daughters, regardless of where they reside), and members of their households (whether related or not) are ineligible to participate in the Contest.
- SELECTION: All eligible entries received during the contest period will be considered. Winners will be chosen based on the quality of their submission (including before and after photos and responses on submitted Contest Form). Winners are not chosen at random. Sponsor reserves the right to make all decisions. Sponsor reserves the right to contact Entrants and potential winners before making a final decision. All photos become the property of Sponsor and will not be returned. Winner notification will begin on or about January 4, 2017. Each Entrant is responsible for monitoring his/her calls and e-mails for notification or other communications related to this contest. If a potential winner cannot be reached by Sponsor within forty eight (48) hours using the contact information provided at the time of entry, or if notification is returned as undeliverable, that potential winner shall forfeit the winnings and Sponsor may choose another winner.
All final Winners will be announced via email, Sponsor’s Blog, Sponsor’s Facebook page, and Sponsor‘s social media sites – Pinterest, Instagram, Twitter, YouTube and Google+ .
- CERTAIN ADDITIONAL CONDITIONS: Entrants assume all risk of loss, damage, destruction, delay, or misdirection of materials/mail/email submitted to Sponsor. Sponsor reserves the right, in its sole discretion, without prior notice and at any time, to cancel, terminate or suspend this contest should virus, bugs, non-authorized human intervention, legal/regulatory challenge, or other causes corrupt or impair the administration of this Contest. In such case, Sponsor may select the winners from all eligible entries received prior to and/or after (if applicable) the action taken by Sponsor. At its sole discretion, Sponsor may disqualify any Entrant whom it considers to have intentionally violated these Official Terms and Conditions or any element of this Contest. By participating, Entrants agree to be bound by the Official Terms and Conditions and the decisions of Sponsor and waive any right to claim ambiguity in these Official Terms and Conditions. The Contest Entities are not responsible for technical, hardware, software, or telephone failures of any kind; lost or unavailable network connections; fraud; or incomplete, garbled, or delayed computer transmissions, whether caused by Sponsor, users or by any of the equipment or programming associated with or utilized in the Contest, or by technical or human error that might occur and/or that might damage a user’s system, hardware or software or limit an Entrant’s ability to participate in the Contest.
Except where prohibited by law, Contest winners agree to grant the Sponsor and its subsidiaries and affiliates, an irrevocable and transferable license to use his/her name, photograph, story, and/or any likeness for advertising and publicity purposes for no additional compensation. Such material may be published through any form of media, including but not limited to print, social media, video, and the Internet. Winners waive all claims for remuneration for the use of such materials by the Sponsor, its subsidiaries and its affiliates.
- WINNERS LIST: For a list of winners, which shall be available after January 9, 2017, please send a separate, self-addressed stamped envelope along with a request for a list of winners to: Medifast, Inc., Attn: Public Relations – Declaration December, 11445 Cronhill Drive, Owings Mills, MD 21117. Entrants agree that their names may be disclosed publicly should they win a prize.
- ARBITRATION: Except where prohibited by law, as a further condition of participating in this Contest, Entrant agrees that (a) any and all disputes and causes of action arising out of or connected with this Contest or any prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association (“AAA”); (b) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; (c) judgment upon such arbitration award may be entered in any court having jurisdiction; and (d) these terms and conditions, and this Contest, shall be governed by the laws of the State of Delaware. All arbitration proceedings and rulings, and all materials produced pursuant to the arbitration, shall be strictly confidential. All proceedings shall be conducted in Owings Mills, Maryland. Except as prohibited by law, the parties waive all rights and claims to punitive, incidental or consequential damages, including attorney’s fees. Entrant further waives all rights to have damages multiplied or increased.
- INDEMNIFICATION AND LIMITATION OF LIABILITY: BY ENTERING THE CONTEST, EACH ENTRANT AGREES TO INDEMNIFY, RELEASE AND HOLD HARMLESS THE SPONSOR AND ITS RESPECTIVE AFFILIATE AND SUBSIDIARY COMPANIES, INCLUDING BUT NOT LIMITED TO MEDIFAST, INC. AND TAKE SHAPE FOR LIFE, INC.; ADVERTISING AND PROMOTIONAL AGENCIES; AND ALL OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS FROM ANY LIABILITY, DAMAGES, LOSSES, OR INJURY (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES) WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED); CONTRACT; WARRANTY; STRICT LIABILITY; RELIANCE; OR ANY OTHER THEORY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THAT ENTRANT’S PARTICIPATION IN THE CONTEST AND/OR THE ACCEPTANCE, USE OR MISUSE OF ANY PRIZE THAT MIGHT BE WON. THE ABOVE INDEMNIFICATION APPLIES WHETHER OR NOT THE CONTEST ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE CONTEST ENTITIES AND THEIR RESPECTIVE PARENTS, AFFILIATES AND SUBSIDIARY COMPANIES DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE CONDITION, FITNESS OR MERCHANTABILITY OF ANY PRIZE.
- WEBSITE USE: Entrant understands and agrees that the download or installation of any content or program, and/or the use of the Contest website and all other elements of this Contest are at Entrant’s own discretion and risk. The Contest Entities disclaim any liability for damage to any computer system or loss of data resulting from access to or the download of information or materials connected with the contest.
Entrant expressly acknowledges and agrees that use of the Contest website and all other elements of this Contest are at Entrant’s sole risk. The Contest website and all other elements of this Contest are provided on an “as-is” and “as available” basis and Entrant assumes full responsibility and risk for use of the Contest website, the internet, and all other elements of this Contest. Entrant understands that the Contest entities do not make any representations or warranties regarding the reliability, timeliness, availability, and/or performance of the Contest website or other elements of this Contest.
- INTELLECTUAL PROPERTY: The Contest rules and all related web pages, content and code are the property of the Sponsor or authorized third parties. The copying or unauthorized use of any of those materials, associated trademarks or any other intellectual property without the express written consent of its owner is strictly prohibited.
- SEVERABILITY: If any term or other provision of these Terms and Conditions is determined to be invalid, illegal or incapable of being enforced by any rule or law, or public policy, such provisions shall be severed and all other conditions and provisions of this Agreement shall nevertheless remain in full force and effect.
- SPONSOR: The Sponsor of this Contest is Jason Pharmaceuticals Inc. (the “Sponsor”), a Maryland Corporation whose principal business address is 11445 Cronhill Drive, Owings Mills, Maryland, 21117. Entrants authorize the Sponsor to share their information and entry submissions with Medifast, Inc. and all its subsidiaries and affiliates.