Official Choose Health Challenge Rules
The BistroMD Choose Health Challenge
NO PURCHASE NECESSARY. VOID WHERE PROHIBITED.
1. Challenge Period:
"BistroMD’s Choose Health Challenge” (the "Challenge") will run for a three-month period with prizes given away on a weekly basis. In addition, during the three month period of the Challenge, three grand prize winners will be selected in the manner described below. The Challenge will be governed by these Official Choose Health Challenge Rules (the “Official Challenge Rules”).
The Challenge is offered only to permanent, legal U.S. residents who are physically residing in one (1) of the forty-eight (48) continental United States or the District of Columbia (excluding Alaska, Hawaii, Puerto Rico, Guam, the Virgin Islands and other United States territories) who enter the Challenge (as described in paragraph 3 below) and are aged 18 or older (as of the submission date). Employees of BistroMD, LLC ("Sponsor") and their respective sponsors, affiliates, subsidiaries, officers, directors, shareholders, members, agents and advisors, and all others associated with the development and the execution of this Challenge, and the immediate family or members of the households of each, whether or not related (collectively, "Challenge Entities") are not eligible. The Challenge is subject to all federal, state, and local laws and void where prohibited or restricted by law. By entering the Challenge, an entrant agrees to be bound by all of the Official Challenge Rules. If you do not agree to be bound by the Official Challenge Rules, do not enter the Challenge.
3. Prize Terms:
Upon entry into the Challenge, the winners, along with all other entrants, are required to comply with any and all federal, state, and local laws, rules, and regulations. Knowledge of all rules, federal, state, and local laws, rules and regulations are solely the responsibility of the entrants.
(i) Weekly Prize:
To be eligible for a weekly prize, all entries must be submitted no later than Monday at 8:00 AM, EST during the duration of the Challenge. All entries must be received by that time in order to be entered for the prize to be awarded that week. Any entries received after that time will be eligible for the prize to be awarded the following week. Winners will be selected based on the number of “likes” that their post receives on Facebook.
(ii) Grand Prize Winners:
Grand prizes will be awarded during the three-month period of the Challenge. During the three-month period, a Grand Prize winner will receive a $699 gift card to the Apple Store. This is equal to the amount of a 64 GB ipad 2 (Wi-Fi only version). The winner may use the value of the gift card to select any Apple product and is not limited to the iPad2.
A Second place winner will receive a $500 Macy’s gift card.
A Third place winner will receive a $100 American Express gift card.
The prizes are not available for sale. No substitution or transfer is permitted, except by Sponsor. Any and all taxes on the prize are the responsibility of the winner. If the prize is won by a minor, the minor will be disqualified, as an entrant must be 18 years of age or older to enter the Challenge.
(i) To Enter: Go to the official BistroMD Facebook page. Read the Official Challenge Rules, follow all online instructions, and complete all required ﬁelds on the online entry form. Participants must agree to all terms by electronically acknowledging and accepting the Official Challenge Rules. In the event of a dispute over ownership of a submitted entry, the authorized user of the email account used to participant at the time of entry will be deemed the official entrant. All entries will become the exclusive property of BistroMD and will not be returned to respective entrants as more specifically described in Section 10 below.
(ii) For All Entries: All entries must be made electronically no later than 7:59:59 a.m. EST and received by Sponsor no later than 8:00 a.m. EST on Monday in order to be eligible that that week’s prize. By participating weekly, you are automatically entered in the grand prize drawing for that three-month period. Sponsor's computer will be the official clock. Any attempt at entry except as above stated is void. There is no limit to the number of entries that may be submitted.
(iii) Disqualification: Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Challenge; to be acting in violation of the Official Challenge Rules; or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any use of robotic, macro, automatic, programmed or the like entry methods will void all such entries by such methods. In the event of a dispute as to entries submitted by multiple users having the same email account, the authorized subscriber of the email account used to enter the Challenge at the actual time of registration will be deemed to be the entrant and must comply with these Official Challenge Rules. Authorized account subscriber is deemed to be the natural person who is assigned an email address by an Internet access provider, on-line service provider or other organization, which is responsible for assigning email addresses for the domain associated with the submitted email address. Potential winner may be required to provide Sponsor with proof that the potential winner is the authorized account holder of the email address associated with the potentially winning entry. Sponsor may prosecute any fraudulent activities to the full extent of the law.
5. Winner Selection:
(i) Weekly Prizes:
Each week, one (1) winner will receive one (1) week of the BistroMD Meal Plan – 7 Day Plan including shipping, valued at over $200. Odds of winning will depend on the total number of eligible entries received during the period. Whichever entrant’s post to the BistroMD Facebook page has the most “likes” each week will be the winner for that week. Your post must be in by 7:59:59 AM Monday morning to be eligible for that week of prizes. Any posts after this time will be considered for the following week. There is no limit to the number of entries.
(iii) Grand Prizes:
During the three month period of the Challenge, a grand prize, second place and third place winner will be selected. A panel of judges will be appointed by Sponsor to review the posts submitted and select the grand prize winners based on the following criteria: grand prize to the best overall post; second prize to the most inspirational post. third prize to the funniest post. Odds of winning will depend on the total number of eligible entries received during the Challenge Period. All entrants of the Challenge will be eligible for grand prizes including weekly winners.
6. Objectionable Entries:
Entries must NOT include and will be disqualified for the following:
• Crude, vulgar, or offensive language, depictions, symbols, or imagery
• Gang signs or symbols
• Violence, gun, or other weapon imagery or use
• Sexual references or activity
• Personal information, such as telephone numbers, personal addresses, email addresses, or anything similar
• Derogatory depictions or assumptions regarding ethnic, racial, sexual or religious groups, or humiliation, threatening, or assault of other people
• Violation of other people’s rights or property
• Illegal activity
• Conduct in violation of Official Challenge Rules
• Any other content, material, imagery, or behavior that is or could be considered inappropriate, unsuitable, or offensive, as determined by Sponsor.
7. Winner Notification/Releases:
Winners will be notified by email, within seven (7) days of the prize drawing. The winner will have 48 hours from the moment such notification is issued to respond to such notification by following the instructions provided therein. If a potential winner timely responds to such notification, the potential winner will be required to sign and return an Affidavit Of Eligibility/LiabilityAnd Publicity Release within 48 hours of notification or prize will be forfeited and an alternate winner selected. For grand prize winners, a signed w-9 form for tax purposes will be needed as well. Return of any prize notification as undeliverable will result in disqualification and selection of an alternate winner. If a potential winner does not reply to the notification within 48 hours of its issuance, is ineligible, or cannot or does not comply with the Official Challenge Rules, he/she will be disqualified, the prize will be forfeited and the entrant with the second highest number of likes will be selected. If the potential second winner does not reply to the notification within 48 hours of its issuance, is ineligible, or cannot or does not comply with the Official Challenge Rules, he/she will be disqualified, the prize will be forfeited and no winner will be selected for that week of the Challenge.
8. Limitations of Liability:
The Releasees are not responsible for any lost, late, illegible, misdirected, mutilated, incomplete, incorrect or inaccurate entries or entry information, whether caused by Web Site or Facebook users or by any of the equipment, computer hardware or software or any other technical operation or programming associated with or utilized in the Challenge, and the Releasees assume no responsibility for any error, omission, interruption, deletion, defect, or delay in operation or transmission at the WebSite, or for communications line failure, or for theft or destruction, tampering, or unauthorized access to entries and/or entry information. If, for any reason, the Challenge is not capable of running as planned by reason of infection by computer virus, bugs, worms, tampering, unauthorized intervention, fraud, tampering, technical failures, or any other causes beyond the control of Sponsor which, in the sole opinion of Sponsor corrupt or affect the administration, security, fairness, integrity or proper conduct of this Challenge, Sponsor reserves the right at its sole discretion to void suspect entries and/or to cancel, terminate, modify or suspend the Challenge and select the winner from among all eligible entries received prior to such cancellation, termination or suspension. IN NO EVENT WILL THE RELEASEES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE INTERNET SITES OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITES. ENTRANT HEREBY RELEASES FACEBOOK FROM ANY AND ALL CLAIMS WHATSOEVER THAT MAY ARISE FROM ENTRANT’S PARTICIPATION IN THE CHALLENGE.
9. Arbitration/Choice of Law:
Except where prohibited, entrants agree that (i): any and all disputes, claims, and causes of action arising out of or connected with this Challenge or any prize awarded, or the determination of the winner shall be resolved individually, without resort to any form of class action; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Challenge but in no event attorney's fees; and (iii) 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Challenge Rules, or the rights and obligations of entrant and Releases in connection with the Challenge, shall be governed by, and construed in accordance with, the laws of the State of Florida, U.S.A., without regard for conflicts of law doctrine, and all proceedings shall take place in that State, in the County of Collier.
10. Submission of Posts:
By submitting posts to the Challenge, you agree that BistroMD may reproduce and show, display and transmit your name and likeness and any posts, whether your posts are selected as a winner or not, in connection with the Challenge or any other challenge or contest in order to promote, market, explain or discuss the Challenge or contest. BistroMD reserves the right to revise, adjust or modify the posts (including text and images) in any manner at its discretion. All posts you submit for consideration in the Challenge, whether text or images, becomes the property of BistroMD and may be reproduced, modified and distributed in any medium including, without limitation, books, magazines, television, home video, DVD, motion pictures, blogs, websites, mobile services, products or any other commercial promotion, for any purpose and in perpetuity, without compensating you in any way and without right of attribution or credit. Further, you understand that by submitting posts to the Challenge, you are granting to BistroMD, its partners, vendors, production companies, and programming and content distributors, and anyone else authorized by BistroMD, and its affiliates, licensees, successors and assigns of same (the “BistroMD Parties”), a non-exclusive, perpetual, royalty-free, fully paid up, irrevocable, unrestricted, worldwide license to display, use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform the posts submitted, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such submission including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant BistroMD, and anyone authorized by BistroMD, the right to identify you as the author of your posts by name, email address or screen name, as BistroMD deems appropriate without any obligation by BistroMD. You represent and warrant that any submission will be wholly owned by, and original to, you and that no consent or the approval of any other person or entity will be required for you to assign the rights to BistroMD as contemplated herein. If you do not wish to grant BistroMD such rights, do not make submissions to the Challenge, particularly any information you consider to be confidential or original creative material. If you make submissions to the Challenge, you agree to grant to BistroMD and its affiliates all rights described herein. BistroMD has the right to reject any submissions and you acknowledge that BistroMD may have similar materials. By submitting posts to the Competitions, you waive all right to any posts. You acknowledge and agree that you shall not be entitled to share in any revenue that the BistroMD Parties may or may not earn or generate through its use of your posts.
11. Winner's List:
To request a copy of the Official Challenge Rules, or to obtain a list of winners, available at the end of the Challenge, send a self-addressed, stamped envelope to BistroMD, LLC, Attn: Healthy Bites Challenge, 2600 North Brooke Plaza Drive #200, Naples, Florida 34119.
Sponsored by: BistroMD, LLC
© 2011. BistroMD, LLC. All rights reserved.
**CHALLENGE RULES **
1. No purchase is necessary.
2. To be eligible to enter the contest, you must be a fan of BistroMD on Facebook.
3. Each week, one (1) winner will receive one (1) week of the Bistro MD Meal Plan – 7 Day Plan including shipping, valued at over $200. Winner will be based on number of “likes” their post receives.
4. During the three month period of the Challenge, a grand prize, second place and third place winner will be selected. A panel of judges will be appointed by Sponsor to review the posts submitted and select the grand prize winners.
5. Drawing is only open to residents of the continental United States.
6. Prize winners are responsible for all federal, state and local taxes and must be 18 or older.
7. All winners will be notified by email.
8. Void whereby prohibited by law.
**The above represents only a sampling of the Challenge rules. For a complete list of the Official Challenge Rules of the contest, see Official Challenge Rules at www.bistromd.com.