12 WEEK SHAPE-UP CHALLENGE
OFFICIAL RULES & REGULATIONS
The BioTRUST Transformation Challenge (the "Challenge") is a 12-week transformation contest; participants must undertake a 12-week self-improvement program, as outlined below, during the period starting at 12:00 a.m. Eastern Time (ET) on Monday January 11, 2021 and ending at 11:59 p.m. ET on Monday April 5, 2021, (the "Challenge Period"). The Challenge includes one (1) Grand Prize, one (1) First Runner-Up Prize, one (1) Second Runner-Up Prize, four (4) 4-Week Sprint Prizes, and additional prizes for every 10, 20, and 30 pounds lost during the Challenge Period. Each prize is to be awarded as set forth below. As detailed below, to enter for an opportunity to win a Grand Prize, First Runner-Up Prize, Second Runner-Up Prize, or any of the other prizes, eligible persons must submit required materials (including required "before" photographs), via an official Challenge online form during the period starting at 12:00 a.m. Eastern Time (ET) on January 1, 2021 and ending at 11:59 p.m. ET on Sunday January 10, 2021 (the "Initial Submission Period"); then participate in the Challenge during the Challenge Period; and then complete and submit an "after" contestant form along with required "after" photographs by 11:59 p.m. ET on Thursday, April 8, 2021.
1. ELIGIBILITY: The Challenge is open to all residents of the United States, Canada, and any country where we ship our products. Click here to see a full list of countries where we ship. Eligible persons must be at least the age of majority in their state/jurisdiction of permanent residence throughout the Challenge Period. Employees, officers and directors of BioTRUST Nutrition, LLC ("Sponsor") or any of its subsidiaries, affiliates, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies, web site providers, web masters, and members of their immediate families (spouses, parents, siblings and children, regardless of where they live) and those living in the same household (whether related or not) are not eligible to enter or win. All entrants must have access to the Internet prior to the start of the Challenge. Sponsor reserves the right in its sole and absolute discretion to reject any entry it deems ineligible.
Participation constitutes entrant's full and unconditional agreement to these Official Rules and to Sponsor's decisions, which are final and binding in all matters related to the Challenge. Winning a prize is contingent upon fulfilling all requirements set forth herein. Sponsor reserves the right to verify the eligibility of winners.
Challenge participants may not use prescription weight loss drugs or medications unless prescribed by a doctor to treat an existing medical condition. Do not stop using a prescribed medication without first consulting with your doctor and receiving his or her approval. Challenge participants must not undergo any weight loss surgeries (such as a gastric bypass or stomach stapling) to lose weight during the Challenge. If you are pregnant, or have been pregnant during the Challenge, you are considered ineligible as a finalist. All weight loss must be the result of healthy eating, activity, and BioTRUST Nutrition products.
2. HOW TO ENTER: To Enter for Grand, First Runner-Up, Second Runner-Up, and any of the other Challenge prizes: During the Challenge Period, you must begin your challenge by first completing the Initial Submission Form and submitting it with three (3) "before" photos of you - one (1) displaying a frontal view of your entire body; one (1) displaying a side view of your entire body; one (1) displaying the back of your entire body (with appropriate clothing); these must be holding a current news publication (for verification of date). Completing the Initial Submission Form includes the option to provide your "before" waist measurements, which must be taken on the day you take the "before" photographs. The before photographs must be taken and the measurements must be recorded within seven (7) days before beginning the 12-week program described below. Completing the Initial Submission Form also includes providing your first and last name and email address, answering questions set forth on the form and accepting these Official Rules. Next, complete a 12-week nutritional program (see the Transformation FAQ or visit the private Facebook page for a recommended diet to follow) and use at least one (1) BioTRUST product during the duration of your 12-week program. For example, if you choose to use BellyTrim XP® as your chosen BioTRUST product, one (1) bottle of BellyTrim XP is equivalent to a one (1) month supply when used as directed, therefore a purchase of three (3) bottles would be needed for the Challenge Period. We recommend using one of our high-quality protein products such as BioTRUST® Low Carb Protein. Within three (3) days after completing the 12-week program, follow the instructions provided in the Initial Submission Confirmation Email to access the post- nutritional program submission form (the "12-Week Results Submission Form") via the Website. Then complete and submit the12-Week Results Submission Form along with three (3) "after" photos of you - one (1) displaying a frontal view of your entire body; one (1) displaying a side view of your entire body; and one (1) displaying the back of your entire body (with appropriate clothing). Completing the 12-Week Results Submission Form includes the option to provide your "after" waist measurements, which must be taken on the day you take the "after" photographs. The after photographs must be taken and the measurements must be recorded within three (3) days after completing the 12-week program. Completing the 12-Week Results Submission Form also includes providing your first and last name and email address, and answering questions set forth on the form.
LIMIT ONE (1) ENTRY FOR THE GRAND, FIRST RUNNER-UP, AND SECOND RUNNER-UP PRIZES PER PERSON THROUGHOUT THE PROMOTION.
For All Entries: All photographs and written compositions submitted as part of entry must comply with the Submission Requirements set forth below.
All Photograph and Written Submissions Must:
- Be the participant's original idea (modification of an original work is not an original idea).
- Comply with the format and content requirements set forth by Sponsor.
- NOT contain material which is (or promote activities which are) sexually explicit, obscene, pornographic, violent, self-mutilating (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g. underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, or harassing.
- NOT include mention or performance of any copyrighted media production including but not limited to music, films, books, television programming, etc., or identifying descriptions of any media property.
- NOT contain material that violates or infringes another's rights, including but not limited to material that violates privacy, publicity, or intellectual property rights, or that constitutes copyright infringement. Without limiting the forgoing, video/photo submissions must not include third party trademarks, logos, insignia, location signage, photographs, artwork, or sculptures.
- NOT include third parties.
Any attempt by any participant to obtain more than the permitted number of entries by using multiple and/or different identities, forms, addresses or any other method will void all of that participant's entries and that participant may be disqualified at the discretion of Sponsor. If an entrant submits multiple entries, Sponsor reserves the right to disqualify all the entrant's entries or all but one (1) of the entries. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. Entries must be submitted by the participant. You must provide all required information required. Incomplete, illegible, corrupted or untimely entries are void and will be disqualified.
By entering, each entrant warrants and represents that its entry does not and will not defame or otherwise violate the rights of any third party and does not and will not violate any federal, state, provincial or local laws or ordinances. If you submit copyrighted photos from a photographer, you must include a letter giving BioTRUST permission to use the photos in the same manner outlined in these Official Rules. Entrants further agree that Sponsor shall own all entries (and all material embodied therein), which entries will not be acknowledged or returned, and that Sponsor and its designees shall have the perpetual, worldwide right to edit, publish and use the entries in any way and in any media for trade, advertising, promotional and/or other purposes as Sponsor and/or its designees may determine without further consideration to entrants or any third party. Failure to comply with any of these Official Rules, or return any required releases and related documentation, may result in forfeiture of the prize.
By entering, each entrant represents and warrants that the photographs and written responses submitted with the entrant's Challenge Guide are original and were created solely by the participant and will not violate the copyrights of any third party or law, regulation, or ordinance.
Subject to applicable laws: (1) In connection with this Challenge, you authorize Sponsor to conduct an inquiry into your criminal background; and (2) Sponsor reserves the right to disqualify anyone based on their criminal history. Moreover, you hereby release the company, and any agent acting on its behalf from any and all liability of any nature by reason of requesting such information from any person.
3. SELECTION OF WINNERS: Selection of Grand Prize, First Runner-Up Prize, and Second Runner-Up Prize winners: All eligible entries for Grand Prizes, First Runner-Up Prizes, and Second Runner-Up Prizes will be judged by a panel of judges based on the following criteria (the "Challenge Judging Criteria"):
- Body transformation, which includes the number/percentage of pounds lost during the program, reductions in body measurements, and a review of the entrant's "before" and "after" photographs. (50% of score)
- Participation in the private Facebook page; this includes, but is not limited to, posting original content, commenting constructively and encouraging others. (40% of score)
- The originality of the answers on the entry/after form (10%)
For All Winners: All judging decisions will be final. Competitors' scores are confidential and will not be disclosed. All potential winners will be notified by phone, email or mail within seven (7) days of being selected. Winners will also be announced on Sponsor's Facebook page. If a potential winner does not respond within seven (7) days after the first attempt to contact him/her, or the prize notification is returned as undeliverable, potential winner will be deemed to have forfeited the prize, and Sponor will select an alternate potential winner in his/her place from all eligible entries received based on the above judging criteria. Alternate potential winner must satisfy all eligibility requirements. Winning a prize is contingent upon fulfilling all requirements set forth herein.
If you have a change of address or phone number(s) after submitting your completed Challenge Guide, but before the date winners are announced, you must notify BioTRUST of your new contact information via email at Challenge@BioTRUST.com.
If you are judged a winner and cannot be reached at the address, e-mail, or phone number provided, you will forfeit your position and be replaced with the next highest judged competitor.
4. SIGNATURE OF RELEASE: Awarding of prizes is contingent upon each potential winner signing a name and likeness release for Sponsor.
Except where prohibited, each potential winner will be required to complete and return an affidavit of eligibility and liability/publicity release (the "Affidavit/Release") within seven (7) days of being notified. If a potential winner fails to sign and return the Affidavit/Release within the required time period, or is unavailable to accept the prize within the time period specified by Sponsor, that potential winner will be deemed to have forfeited the prize, and an alternate potential winner will be selected in his/her place based on the above judging criteria from all eligible entries received within seven (7) days of the date days of the date the potential winner is determined to be ineligible. Noncompliance with the foregoing, failure to abide by these Official Rules, or return of the prize notification as non-deliverable may result in disqualification and naming of an alternate potential winner.
EACH POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CHALLENGE. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT'S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
5. PRIZES AND PRIZE RESTRICTIONS:
Grand Prize: One (1) Grand Prize is available to be awarded. The Grand Prize consists of: (1) a seven (7) day/ six (6) night trip (including airfare and lodging) to Mexico for the Grand Prize winner and one (1) guest and (2) a reimbursement of BioTRUST product purchases during the Challenge, up to US$1,500.00; and (3) US$1,500.00. Total Approximate Retail Value ("ARV") of each Grand Prize is at least US$7,000.00 but will vary depending on the cost of airfare to Mexico. Additionally, Sponsor will make a US$500.00 donation to a charity of Grand Prize winner's choice.
In the case that you are unable to make the trip, you may opt for a US$5,000.00 cash prize, in addition to the charitable donation of US$500.00.
First Runner-Up Prizes: One (1) First Runner-Up prize is available to be awarded; each First Runner-Up Prize consists of: (1) US$2,000.00 and (2) a reimbursement of BioTRUST product purchases during the Challenge, up to US$1,500.00. Total ARV of each First Runner-Up Prize is at least US$2,500.00. Additionally, Sponsor will make a US$500.00 donation to a charity of First Runner-Up Prize winner's choice.
Second Runner-Up Prizes: One (1) Second Runner-Up prize are available to be awarded; each Second Runner-Up Prize consists of: (1) US$1,000.00; and (2) a reimbursement of BioTRUST product purchases during the Challenge, up to US$1,500.00. Total ARV of each Second Runner-Up Prize is at least US$1,500.00. Additionally, Sponsor will make a US$500.00 donation to a charity of Second Runner-Up Prize winner's choice.
Four Week Sprint Prizes: Four (4) Sprint prizes are available to be awarded; each Sprint Prize consists of: (1) US$500.00. Total ARV of each Sprint Prize is US$500.00.
Weight Loss Milestone Giveaways: During the Challenge Period, eligible participants will be awarded special prizes for 10 pounds lost, 20 pounds lost and 30 pounds lost. Previous 10 pounds down milestone prizes include BioTRUST branded t-shirts, hats, and tumblers. Prizes are subject to change and available only while supplies last. Only participants who have a United States shipping address are eligible for prizes that require shipping and handling.
That's a total approximate retail value of over US$15,000.00 in cash and prizes.
Any and all applicable federal, state, provincial and local taxes and all fees and expenses related to acceptance and use of prize not specifically stated herein are the responsibility solely of winner.
Prizes cannot be substituted, assigned, or transferred; however, Sponsor reserves the right to make equivalent prize substitutions at its sole discretion. Sponsor will not replace any lost or stolen prizes or components of a prize. Limit one (1) prize per person, per household. Only the number of prizes stated in these Official Rules is available to be won in the Challenge. Each U.S. winner, if any, will be issued a 1099 tax form for the appropriate value of prize.
6. GENERAL CONDITIONS: If, for any reason, the Challenge is not capable of running as planned, Sponsor may, in its sole discretion, void any suspect entries and/or (a) cancel or terminate the Challenge (or any portion thereof); or (b) modify the Challenge or suspend the Challenge to address the impairment and then resume the Challenge in a manner that best conforms to the spirit of these Official Rules. Sponsor and its agencies are not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible entries; lost, interrupted, or unavailable network, server, or other connections, garbled transmissions or miscommunications, telephone transmission problems; computer or software malfunctions or damage to a user's computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise.
WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE ASSOCIATED WITH THIS CHALLENGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CHALLENGE MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, any web site associated with the Challenge, and/or the legitimate operation of the Challenge; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person.
7. RELEASE AND LIMITATIONS OF LIABILITY: By participating in this Challenge, entrants agree that Sponsor and its affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, web site providers, web masters, and their respective officers, directors, employees, representatives and agents (the "Released Parties") are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Challenge; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Challenge; (4) technical or human error which may occur in the administration of the Challenge or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Challenge or receipt or use or misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant's sole remedy is another entry in the Challenge. No more than the stated number of prizes will be awarded.
BY PARTICIPATING IN THIS CHALLENGE, ENTRANTS AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THIS CHALLENGE OR IN ANY CHALLENGE RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO TRAVEL CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM.
BY PARTICIPATING IN THIS CHALLENGE, PARTICIPANTS AGREE THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEB SITE ASSOCIATED WITH THE CHALLENGE OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY SUCH SITE.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS CHALLENGE, INCLUDING ALL PRIZES, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
SUCH SUBMISSIONS SHALL BE DEEMED TO BE NON-CONFIDENTIAL, NON-PROPRIETARY AND SPONSOR SHALL HAVE NO OBLIGATION OF ANY KIND WITH RESPECT TO SUCH SUBMISSIONS AND SHALL BE FREE TO EDIT, EXPLOIT, MODIFY, PUBLISH, REPRODUCE, USE, DISCLOSE, DISSEMINATE AND DISTRIBUTE THE SUBMISSIONS TO OTHERS WITHOUT LIMITATION IN ANY AND ALL MEDIA NOW KNOWN OR NOT CURRENTLY KNOWN, THROUGHOUT THE WORLD IN PERPETUITY FOR ANY PURPOSE WITHOUT COMPENSATION, PERMISSION OR NOTIFICATION TO ENTRANT OR ANY THIRD PARTY. ENTRANT HEREBY GRANTS SPONSOR A ROYALTY FREE, IRREVOCABLE, AND WORLDWIDE, IN PERPETUITY LICENSE TO USE THE SUBMISSIONS IN ANY FORM OR FORMAT AND TO MODIFY THE SAME, AND ACKNOWLEDGES AND AGREES THAT IF SPONSOR DOES USE THE SUBMISSIONS ENTRANT SHALL NOT BE ENTITLED TO ANY CREDIT, CONSIDERATION, NOTICE OR PAYMENTS OF ANY KIND. ENTRANT WAIVES ANY MORAL RIGHTS HE OR SHE MAY HAVE TO THE SUBMISSIONS, AND AGREES THAT IF SPONSOR ELECTS TO USE SUBMISSIONS FOR ANY PURPOSE, ALL RIGHTS UNDER COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS WHICH MAY RESULT FROM THAT RELATING TO ENTRANT'S SUBMISSIONS OR FROM USE OF THE SAME BY SPONSOR SHALL BE THE SOLE PROPERTY OF SPONSOR. ENTRANT FURTHER AGREES THAT IF SPONSOR ELECTS TO USE ENTRANT'S SUBMISSIONS, ENTRANT WILL EXECUTE ANY DOCUMENTS REQUESTED BY SPONSOR REGARDING THIS ASSIGNMENT. IF ANY USE BY SPONSOR OF THE SUBMISSIONS CAUSES IT TO BE LIABLE TO ANY THIRD PARTY, ENTRANT AGREES TO INDEMNIFY SPONSOR, ITS AGENTS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, REPRESENTATIVE AND ALL RELATED PARTIES FROM AND AGAINST ANY AND ALL DAMAGES, COSTS, JUDGMENTS AND EXPENSES (INCLUDING REASONABLE ATTORNEY FEES) WHICH IT INCURS AS A RESULT OF ITS USE OF THE SUBMISSIONS.
8. CHOICE OF LAW. This Challenge is governed by the laws of the state of Texas and the laws of the United States of America, as applicable, without regard to conflict of law doctrine. By entering the Challenge, all participants agree to be subject to jurisdiction in the Federal and State courts of Texas and agree that all disputes relating in any way to this Challenge must be resolved in the Federal and State courts of Texas. Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Challenge or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate Federal and State court in Texas; (2) any and all claims, judgment, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Challenge, but in no event attorneys' fees; (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Challenge, shall be governed by, and construed in accordance with, the laws of the State of Texas, without giving effect to any choice of law or conflict of laws rules (whether of the State of Texas or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Texas.
10. OFFICIAL RULES/WINNERS LIST: For a copy of the Official Rules and/or a list of winners, available for 365 days after selection of winners, visit www.BioTRUST.com.
Sponsor: BioTRUST Nutrition, LLC; 4100 Spring Valley Road; Suite 325; Farmers Branch, TX 75244 USA.
BioTRUST Nutrition, LLC shall not be liable for technical, pictorial, typographical or editorial errors or omissions contained herein.
Copyright © . All trademarks or logos used herein are trademarks of BioTRUST Nutrition, LLC and/ or other respective owners in the United States and/or other countries. All rights reserved.