MuscleDog.com’s “Rockin’ Body” Contest
Official Rules
NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility
MuscleDog.com’s “Rockin’ Body” Contest (the “Contest”) is open only to legal residents of the fifty (50) United States (including District of Columbia) who are at least eighteen (18) years old at the time of entry that are members of MuscleDog.com. Becoming a member of MuscleDog.com is free. Void where prohibited by law. Employees of Triarco Industries, Inc., OfferPop Corporation or any of their respective affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production execution or distribution of the Contest and their immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members (people who share the same residence at least three (3) months out of the year) of each such employee are not eligible. The Contest is subject to all applicable federal, state and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Sponsor
Triarco Industries, Inc., 400 Hamburg Turnpike, Wayne, NJ 07470.
3. Contest Period
The Contest period is from June 18, 2012 at 12:00 p.m. Eastern Time (“ET”) to July 18, 2012 at 11:59 p.m. ET (the “Contest Period”). Sponsor will start accepting Entrant(s) photo submissions starting June 11, 2012 at 12:00 p.m. Eastern Time (“ET”). The “voting” period for contest photo(s) will be activated by Sponsor on June 18, 2012 at 12:00 p.m. Eastern Time (“ET”) and deactivated by Sponsor on July 18, 2012 at 11:59 p.m. ET (the “Contest Period”). Sponsor is the official time keeper for this Contest.
4. How to Enter
During the Contest Period you can enter through the MuscleDog.com’s “Rockin’ Body” Contest application tab on the MuscleDog.com Facebook Page (facebook.com/pages/MuscleDogcom). In order to access the MuscleDog.com’s “Rockin’ Body” Contest tab, you must first “like” the MuscleDog.com Facebook Page. Then you must complete and submit the entry form as instructed (by proving your name, address, email address and phone number), a summary of yourself and upload a photo of yourself (the “Photo”). Limit one entry per person during the Contest Period.
5. Photo Requirements
Each Photo must meet all of the following requirements or it will be disqualified:
• Photos must not contain any individuals other than the entrant.
• Photo must be original, the sole property of submitter and not previously submitted in any other contest or sweepstakes.
• Photo must not include stock photography.
• Photo must not incorporate/display any third-party brands or trademarks other than that of the Sponsor.
• Photo must not violate any third-party rights, including
copyright and right of publicity.
• Photo must 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, or otherwise unsuitable content as determined by Sponsor in its sole discretion. Photos containing such content will be disqualified immediately.
6. Terms of Submission
By submitting a Photo you agree Sponsor has the unrestricted right to use your Photo, commercially or non-commercially, including the worldwide right to publish and display Photos / Photo descriptions for in any media for advertising and publicity, all without additional review or compensation. By entering, you represent and warrant that (i) your entire Photo is an original work by you and you have not copied or used other works in your Photo without permission or right to do so; (ii) no person, other than you has any right, title or interest in any part of your Photo; (iii) your Photo will not infringe or violate any rights of any third party or entity, including, without limitation, trade secret, copyright and trademark, defamation, privacy and publicity, false light, idea misappropriation or any contractual rights; (iv) you have all the rights, licenses, permissions and consents necessary to submit the Photo in accordance with these official rules. You understand that Sponsor reserves the right to disqualify or refuse to post any Photo at any time for any reason at its sole discretion. BY SUBMITTING THE PHOTO, THE ENTRANT REPRESENTS AND WARRANTS THAT HE/SHE HAS ALL RIGHT, TITLE AND INTEREST NECESSARY TO GRANT THE SPONSOR THE WORLDWIDE, IRREVOCABLE AND UNRESTRICTED RIGHT AND LICENSE TO ADAPT, PUBLISH, USE, EDIT, AND/OR MODIFY SUCH PHOTO IN ANY WAY AND POST THE PHOTO ON THE INTERNET OR USE THE PHOTO IN ANY OTHER WAY AND AGREES TO INDEMNIFY AND HOLD SPONSOR HARMLESS FROM ANY CLAIMS TO THE CONTRARY.
7. Public Voting and Winner Selection
Entries will be posted on the MuscleDog.com Facebook Page (facebook.com/pages/MuscleDogcom) during the Contest Period. Individuals will be able to vote for his/her favorite entry. Sponsor reserves the right to modify the voting period at any time for any reason. Beginning June 18, 2012, each individual will be able to place one vote per hour for each of their favorite entries. Use of an automated process or similar device to submit an electronic vote is strictly prohibited. Any attempt to circumvent the vote limit or to use an automated vote process will subject all votes from the person to disqualification. If an entrant receives multiple and/or irregular votes from the same user or users, including but not limited to, votes generated by a robotic, programmed, script, macro, other automated means or other source, the Sponsor may disqualify the entrant in their sole discretion. If the voting process fails to operate properly or appears to be tampered with or tainted with errors, fraud or unfair practices, the Sponsor in its sole discretion reserves the right to use another means to determine the prize winners (i.e. by appointing a panel of judges). Entrants may not pay people or provide any other type of consideration in exchange for votes. Any entrant who violates the ban on paying or providing consideration in exchange for votes will be disqualified. Rankings may be displayed on the site, on a real-time basis, before being verified for integrity. These not yet verified votes do not necessarily accurately reflect the number of votes a particular entrant has received.
On or about July 19, 2012, Sponsor will determine which male and female entrant had the most votes. If there is a tie between two or more entrants for the most votes the winner will be determined by selecting the individual that first entered the Contest. These individuals will be contacted using the email address provided with the entry and may be awarded the prize (subject to verification of eligibility and compliance with the terms of these rules.) Sponsor’s decisions as to the administration and operation of the Contest and the selection of the potential winner is final and binding in all matters related to the Contest. Winner will be notified by email. Failure to respond to the initial verification e-mail within five (5) days of notification or return of e-mail notification as undeliverable after three (3) attempts will result in disqualification.
8. THE POTENTIAL CONTEST WINNERS IS SUBJECT TO VERIFICATION BY SPONSOR WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST.
9. Verification of Potential Winner
The potential prize winner must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. The potential grand prize winner will be required to sign and return to Sponsor, within five (5) days of the date notice is sent, an affidavit of eligibility, and liability/publicity release (except where prohibited) in order to claim his/her prize if applicable. If a potential winner cannot be contacted, fails to sign and return the affidavit of eligibility and liability/publicity release within the required time period (if applicable), or if the prize or prize notification is returned as undeliverable, potential winner forfeits prize. In the event that a potential winner of a Contest prize is disqualified for any reason, Sponsor may award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries.
10. Grand Prizes
Two (2) grand prizes will be awarded. Each grand prize winner will receive six tubs Body Mechanics® whey protein powder. Approximate retail value of the grand prize is $180. No cash equivalent for the prize, prize is non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the listed prize for one of equal or greater value for any reason. Winner is responsible for all taxes and fees associated with prize receipt and/or use.
11. Entry Conditions and Release
By entering, each entrant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor which are binding and final in all matters relating to this Contest; (b) release and hold harmless the Sponsor, Facebook and their respective parent, subsidiary, and affiliated companies, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Contest, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Sponsor from and against any and all claims, expenses, and liabilities (including reasonable attorneys fees) arising out of or relating to an entrant’s participation in the Contest and/or entrant’s acceptance, use or misuse of prize.
12. Publicity
Except where prohibited, participation in the Contest constitutes winners consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
13. General Conditions
Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs 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 individual 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 or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person 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 person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
14. Limitations of Liability
The Released Parties are not responsible for: (a) 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 Contest; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Contest; (d) technical or human error which may occur in the administration of the Contest or the processing of Entries; or (e) 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 Contest 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 Contest. No more than the stated number of prizes will be awarded.
15. Disputes
Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, other than those concerning the administration of the Contest or the determination of winners, shall be resolved individually, without resort to any form of class action; (b) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate New Jersey State Court located in the Passaic County, New Jersey; (c) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (d) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. 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 Contest, shall be governed by, and construed in accordance with, the laws of the State of New Jersey, without giving effect to any choice of law or conflict of law rules (whether of the State of New Jersey or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New Jersey.
16. Entrant’s Personal Information
Information collected from entrants is subject to the Sponsor’s Privacy Policy which is available here.
17. Contest Results
For Contest results send a hand-printed, self-addressed, stamped envelope to Winners List - MuscleDog.com’s “Rockin’ Body” Contest c/o Triarco Industries, Inc., 400 Hamburg Turnpike, Wayne, NJ 07470. Requests for the winner list must be received by September 1, 2012.
This Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook. You are providing your information to Triarco Industries, Inc. and not to Facebook. The information you provide will only be used for this Contest.