Tahitian Noni International USA
Fit Challenge
Official Rules
For Fit Pack Consumers in the United States
1. Overview. Entrants in the Fit Challenge (the "Contest") will compete to achieve physical improvement over a continuous three-month period of their choice (their "Contest Period") during the 2012 calendar year, beginning as early as January 1, 2012, through as late as October 1, 2012. Entrants in the Contest must use Fit brand products during their three-month Contest Period as part of their diet and exercise program. Accordingly, participation in the Contest is limited to Tahitian Noni International USA ("TNI") consumers who consume three (3) Fit Packs during their selected three-month Contest Period. This Contest is void where prohibited, and is subject to all applicable federal, state, and local laws and regulations.
2. Time. Entrants must complete their individual three-month Contest Period by December 31, 2012. However, delayed participation in the Contest may exclude some entrants from winning potential prizes (such as a Moab trip scheduled for the summer of 2012).
3. Agreement to Rules. By participating in the Contest, each entrant fully and unconditionally agrees to these Rules, and to accept TNI's decisions when interpreting these rules and determining the Contest winners. TNI's decisions shall be final and binding in all matters related to the Contest.
4. Eligible Entrants. This Contest is open only to Fit Pack consumers who:
a) have reached the age of majority;
b) are residents of the United States or its territories;
c) permit the use of their names, their photographs, and other Contest-related personal information; and
d) consume three of the available Fit Packs during their three-month Contest Period.
5. Physical Examination. Participation in the Contest is purely voluntary and wholly by choice of each entrant. TNI strongly recommends that entrants be examined by a personal physician prior to entering the Contest, to learn of health concerns specific and unique to them. Overexertion and improper nutrition are not part of the Fit regimen or this Contest.
6. Entrance Requirements. To enter the Contest, each entrant must provide the following:
a) one full-body photograph (head to feet) taken on the date the entrant begins three-month Contest Period, with the entrant wearing appropriate clothing that clearly and accurately shows the contours of body shape and size; and
b) a completed entry form providing the entrant's height, weight, waist size and body-fat percentage on the date of entry.
7. Team Entries. Participants in the Contest may Enter as individual entrants and as a team of up to four entrants. Each entrant in a team must personally comply with these Contest Rules. Prizes will be awarded to individuals and to teams with the most impressive histories and changes in body composition.
8. End of Contest Requirements. At the end of the Contest Period, each entrant must provide the following:
a) one full-body photograph (head to feet) taken at the end of the individual three-month Contest Period, with the entrant wearing appropriate clothing that clearly and accurately shows the contours of body shape and size; and
b) a statement providing the entrant's height, weight, waist size and body-fat percentage at the end of the Contest Period.
9. Prizes. Beginning in April 2012, TNI will award monthly prizes (including iPads, travel awards, athletic equipment, gym memberships, and/or cash prizes) as promoted on TNI's website. The value of these prizes will exceed $10,000 over the period of the Contest.
The team with the most amazing change in body composition during the first months of the Contest will be awarded a Utah adventure trip to Moab, including airfare, hotel accommodations, food, entertainment, excursions, and a professional photo shoot The team with the most amazing change in body composition during the remaining months of the Contest will be awarded an adventure trip similar to the Moab trip, at a location yet to be determined.
One entrant with the most amazing change in body composition will be awarded a new Honda Fit automobile in early 2013.
10. Discretion and Best Judgment in Selecting Winners. TNI will select Contest winners using its discretion and best judgment based on the submitted histories, overall healthy lifestyle changes, photographs and the height, weight, waist size and body-fat percentage information provided by the entrants. Entrants will be disqualified if photographs or personal information appear to be altered or erroneous.
11. Consent to Publicity. By accepting a prize, a winner consents to the use of his or her name, likeness, voice and/or biographical information for TNI publicity purposes without additional compensation.
12. Qualification Verification. Selection of a winner is subject to verification of qualification. In the event of a violation of these rules, a potential winner will be disqualified and a replacement winner will be selected. Even though an entrant's name may be announced as a winner, An entrant is not entitled to any prize unless and until entrant's eligibility HAS been verified and the entrant has been notified that verification is complete.
13. Taxes. All taxes and other fees are the sole responsibility of a winner. TNI will file an IRS Form 1099 with the Internal Revenue Service for the value of a prize. Potential winners will be required to provide their Social Security numbers for tax reporting purposes. TNI also reserves the right to withhold appropriate amounts for taxes as may be required by law.
14. Other Conditions. TNI reserves the right to cancel, suspend or modify the Contest, or any part of it, in its discretion, or in case of any fraud, technical failures, errors in the administration of the Contest or the processing of entries, or any other factor which impairs the integrity or proper functioning of the Contest as determined by TNI in its sole discretion. TNI reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the Contest entry process, or the operation of the Contest, or to be acting in violation of these Rules or TNI policies, or in an unsportsmanlike or disruptive manner. Decisions of TNI are final, binding, and conclusive in all matters. Unclaimed prizes will not be awarded. TNI's failure to immediately enforce any term of these Rules shall not constitute a waiver of that provision.
15. Release, and Limitations of Liability. All entrants acknowledge compliance with these Rules and agree to release TNI, and its licensees, distributors, each of their respective affiliates, subsidiaries, and all of their respective officers, directors, and employees from any and all liability for injuries or damages of any kind sustained in connection with the use, acceptance, possession, or awarding of any prize or while preparing for, participating in, and/or traveling to or in connection with any Contest activity. Entrants waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
16. Disputes. Entrants agree that any and all disputes, claims and causes of action relating to this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by a court in the State of Utah. All issues concerning the construction, validity, interpretation and enforceability of these Rules, an entrant's rights and obligations, or the rights and obligations of TNI in connection with the Contest, shall be governed by and construed in accordance with the laws of State of Utah, without giving effect to any choice of law or conflict of law rules of the State of Utah or any other jurisdiction which would cause the application of the laws of any jurisdiction other than State of Utah.
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