Online Competition to be the International World’s Fitness USA Winner and/or the Online Social Media Health and Fitness Influencer Winner
Official Rules
Eligibility. The RIPPEDIENCE.com 2017 – 2018 Online Fitness Contest is open to verified winners of any Monthly Contest. The first Monthly Contest begins December 1, 2017 at 12:00:00 AM Pacific Time (“PT”) and ends December 31, 2017 at 11:59:59 PM PT. Subsequent Monthly Contests take place on a monthly basis and begin at 12:00:00 AM PT on the first day of each calendar month and ends at 11:59:59 PM PT on the last day of each calendar month thereafter until 11:59:59 PM PT on August 31, 2018 (“Monthly Contest” or collectively the “Contest”) unless earlier terminated or extended by RIPPEDIENCE.com (“Sponsor”) in its sole discretion (“Contest Period”). The final Monthly Contest begins at 12:00:00 AM PT on August 1, 2018 and ends at 11:59:59 PM PT on August 31, 2018. Sponsor’s computer is the official time-keeping device for the Contest. The Contest is open to RIPPEDIENCE.com members (both subscription based members and free members are eligible as set forth below) who are legal residents of the fifty (50) United States and the District of Columbia, and who are at least eighteen (18) years of age or the age of majority in their respective state/jurisdiction of permanent residence at the time of entry, and have a valid Instagram account. This contest will be run using Instagram. Therefore, you must be a member of the Social Media Site on which the Contest is being conducted to participate in the Contest. Message and data rates may apply. Employees, officers, and directors of Sponsor or its parents, subsidiaries, and affiliates, and members of their immediate families (spouses, parents, siblings and children, regardless of where they live) and those living in the same household are not eligible to enter or win. Individuals who have participated in a test group or study of Sponsor and whose results and/or Entry (defined below) are due at least in part to such test group or study are not eligible to enter. Winners of any prior contest sponsored in whole or in part by Sponsor, are eligible to enter the Contest by submitting all new materials in compliance with these Official Rules along with new pictures and/or videos as described in greater detail below. Sponsor reserves the right to verify the eligibility of winners. Participation in the Contest constitutes your full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Contest.
Contest Description. During each Monthly Contest Period, subject to the terms herein, you (“you” or “Contestant”) will have the opportunity to submit an Entry to share with the Sponsor and potentially the broader RIPPEDIENCE.com community your video and/or photograph entry. At the end of each Monthly Contest Period, Sponsor will sort all Entries received during the Contest into four (4) categories based on gender and judging criteria described below. Sponsor will then judge all such Entries pursuant to the Judging Criteria (as defined below) in each of the four (4) categories. Subject to Sponsor’s verification and these Official Rules, these four category winners will advance to the next round or the following Monthly Contest Period which brings the winners closer to the grand prize listed below. Additionally, a Monthly Contest winner may nominate their coach to be eligible to receive $500 , subject to these Official Rules. From the entire pool of Monthly Contest winners who have submitted a valid Entry, the Sponsor will select two (2) to four (4) finalists, one category winner in each of the four (4) separate categories based on judging criteria and gender (each “Finalist” as explained below), and/or will be judged by the Sponsor and voted on by RIPPEDIENCE.com, the World Fitness Federation, and/or Women’s Championship Winner Lauren Powers, and the RIPPEDIENCE.com community (including but not limited to the @RIPPEDEVENTS Instagram community) to determine one (1) male and one (1) female who meet the final judging criteria below. The overall final winners (male and female will be combined at the end) will be judged for the Grand Prize listed below subject to the terms and conditions listed herein.
Potential Coach Prizes. If any winner of a Monthly Contest has nominated his/her personal Coach for the role that the Coach played in helping the winner advance to the next round of Monthly Contest Entry, that Coach may also be eligible for a chance to receive a prize.
Submission Period. Contestants must submit their Entries during the Contest Period. All required entry materials, as set forth herein, must be received by Sponsor during the Contest Period. Entries that are late, incomplete, or otherwise do not meet the requirements set forth in these Official Rules will be disqualified in Sponsor’s sole and absolute discretion.
Entry Requirements; Submissions. In order to enter the Contest and be eligible to compete for a prize, you (“you,” or “Contestant”) must meet all of the following requirements (collectively, an “Entry”):
- Apply and completely fill out the Contest Application located at RIPPEDIENCE.com
- Be a winner of a Monthly Contest;
- Be a current RIPPEDIENCE.com member (either a paying subscriber or free Basic member) at the time that the Entry is submitted and at the time prizes are awarded;
- During the Contest Period have some referral activity by using the referral link in your member dashboard;
- During the Contest Period, submit at least one (1) video of fifty nine (59) second duration, but not more than three (3) videos of fifty nine (59) second duration (yes this means you are given 3 chances to re-enter and re-try), all of which must be current depicting the Contestant’s actual, current physical appearance, and which were taken any time on or after December 1, 2017. The video must be accompanied by a photo on the same day as the video in the same outfit used in the video of at least one front, full length view (head-to-toe) showing the contestant holding up at his/her side a piece of paper with your contestant ID written on it to verify the date on which the video/photo was taken (the contestant ID will be revealed to all eligible contestants via email after submission of your online application). As part of the video/photography submission the Contestant will also be required to submit per Entry at least one (1) video of fifty nine second duration posing as described herein, one (1) photograph of Contestant holding Contestant ID, and one (1) photograph or video (at Contestant’s discretion) reflecting the Contestant’s product marketability as described in greater detail herein. The videos and photos (collectively the “video set”)must be submitted to Sponsor as follows:
- By email (as attachment or link) to RippedEvents@RIPPEDIENCE.com, and
- By uploading both your photo and video set on to your Instagram account and tagging RIPPEDIENCE’s Instagram account to that video and photo.
- Your video set must include in the email and comment section of Instagram your current weight and optionally include other measurements (like chest, waist and hip measurements, body fat percentage, and other descriptive items) that depict Contestant’s current physical condition.
- The Videos and Photographs MUST include the following hash tags in the emails and in your comments section of Instagram under the video and photograph:
- #RIPPEDIENCE
- #RIPPEDEVENTS
- #IAMRIPPED
- And you must be available to attend the World Fitness Federation Event on November 3rd and 4th 2018 currently set to be held in Huntington Beach or any alternative location should the November 2018 Huntington Beach event location be subject to change for any reason.
- Video/Photograph Requirements. Videos and Photographs should be of the best quality possible, as image quality is considered part of the judging criteria. Videos and Photographs must, to the extent possible, be of contestant alone with no other human subjects. Contestant must own the rights to all videos and/or photographs submitted as part of an Entry and contestant must have full authority to grant or dispose of such rights at all times, including at the time of entry and at the time any prize may be awarded. Videos and/or Photographs may not be retouched, enhanced, or modified in any way from the originals. Sponsor reserves the right to disqualify any Entry that includes videos and/or photographs or other materials that are deemed, at Sponsor’s sole discretion, to violate the rights of any third party, or that contain any content that is lewd, pornographic, false, doctored, enhanced, offensive, or inappropriate in any manner. All Entries become the property of Sponsor and will not be acknowledged or returned.
Persons whose appearance, fitness or health before, during, or after winning a Monthly Contest has been in any way altered by, or is due to, in whole or in part, the use of non-medically necessary plastic/cosmetic surgery, liposuction, steroids, human growth hormone, or any unnatural method of body enhancement or weight reduction of any kind are not eligible to enter, and any such Entries may be disqualified in Sponsor’s sole and absolute discretion. In addition, persons whose fitness or health at the time of Entry or the 2018 Event is not at least substantially related to the use of one or more supplements sold at RIPPEDIENCE.com or other nutritional products may be disqualified, in Sponsor’s sole and absolute discretion.
- Availability for the 2018 World Fitness Federation or other Sponsor designated Event. You must be available to attend the 2018 World Fitness Federation event, or other Sponsor designated event(s) (the “2018 Event”), which is currently scheduled to take place on November 3, 2018 through November 4, 2018. Sponsor will announce or confirm the location of the 2018 World Fitness Federation Event at a future date. As set forth herein, certain travel and accommodation expenses for attending the 2018 World Fitness Federation will be Contestants responsibility. Sponsor reserves the right to change the dates and location for the 2018 Event at any time and for any reason. As an express condition to your entry in the Contest and/or acceptance of a prize, you will be required, in Sponsor’s sole discretion, to provide an on-camera interview to take place during the 2018 Event.
- Entry Limits. Limit one (1) Entry per individual during any Monthly Contest Period. It is your responsibility to update your RIPPEDIENCE.com profile contact information as necessary. Entries are cumulative, meaning that each valid Entry will be eligible for judging in subsequent Monthly Contests provided, however, that a Contestant may only win one (1) Monthly Contest during the overall Contest Period.
- Submission Materials. In order to enter a Monthly Contest and be eligible to win a prize, you must meet all eligibility requirements herein and have provided all information required on your RIPPEDIENCE.com account page (not your public profile), including your current full name, email, home address and telephone number (see www.RIPPEDience.com for details). You must then submit a complete and valid Entry, which must adhere to the guidelines herein.
Selection of Finalists, Winners; Notification.
- Selection of Finalists. All Entries (including the updated video(s)/photograph(s) and required weight measurement) will be sorted into the following four (4) categories based on each contestant’s gender, age is not a limiting or contributing factor:
WOMEN | MEN |
Overall Online Fitness/Sports Model | Overall Online Fitness/Sports Model |
Social Media Health and Fitness Influencer | Social Media Health and Fitness Influencer |
Sponsor will judge all valid Entries pursuant to the Judging Criteria and select the highest scoring Entry from each category for a total of no more than four (4) finalists (each, a “Finalist,” and collectively, the “Finalists”). Each Finalist will be notified by email and/or telephone at the email address and/or telephone number provided by Finalist in his/her Entry on or around September 15, 2018. Subject to Sponsor’s verification, the Finalists will be announced to the public on or around October 1, 2018.
Key Dates | |
Open for Contest Entry/Submissions | December 1, 2017 |
Final Submission | August 31, 2018 |
Notify Finalists (four Contestant Categories) | September 15, 2018 |
Publicly Announce Finalists | October 1, 2018 |
2018 Event | November 3rd through 4th 2018 |
On or around the third Tuesday following the conclusion of each Monthly Contest Period (e.g., May 15, 2018 for the April 2018 Monthly Contest) Sponsor will announce the potential winners for that Monthly Contest via Sponsor’s official websites, Facebook, Instagram, Twitter, Press Releases and/or other online media pages. Sponsor reserves the right to announce the potential winners at earlier or later dates and to use and/or exclude any advertisement form for notification at its sole discretion. Each potential prize winner will be notified by Sponsor on or around the date of announcement via email or by telephone. You acknowledge and grant Sponsor the ability in its sole discretion to announce your name and any identifiable information on its Facebook page, Instagram page, Twitter page, websites, app, or in any other form of public communication. Each potential prize winner (including potential winners of the personal Coach prize) will be required to sign and return, within seven (7) days of notification or attempted notification, an Affidavit of Eligibility, a Liability Waiver, a W-9 Form (or other appropriate tax form based on prize winner’s place of residence) and where allowable, a Publicity Release (collectively, the “Releases”). These Releases will require the prize winner to furnish his/her Social Security Number for the sole purpose of tax reporting, as required by law. If a potential winner fails to sign and return the Releases within the required time period, or if attempted delivery of their prize is rejected, refused, or otherwise fails for any reason beyond Sponsor’s control, then the potential winner’s prize will be forfeited and, at Sponsor’s sole discretion, retained by Sponsor or awarded to an alternate potential Contest winner receiving the next highest score pursuant to the Judging Criteria. It is solely the responsibility of each contestant to make sure his/her account information is accurate and current. The prize will be awarded within approximately forty-five (45) days after winner verification.
Verification of Potential Winners: All potential winners are subject to verification by Sponsor, whose decisions are final and binding in all matters related to the Contest. A contestant or coach is not a winner of any prize unless and until eligibility has been verified and contestant or coach has been notified that verification is complete through a separate email in or around October 15, 2018 at the latest.
- Selection of Grand Prize Winner(s). Once Sponsor has selected the four (4) Finalists, Sponsor may post each of the Finalist’s Monthly Contest Entries online for voting at www.RIPPEDIENCE.com and/or Sponsor’s official RIPPEDIENCE Instagram page at https://www.instagram.com/rippedevents/ and/or at https://www.instagram.com/rippedience/ on or around October 1, 2018 at 12:00:00 p.m. PT through October 8, 2018 at 12:00:00 p.m. PT. During that period, members of the RIPPEDIENCE.com community will be able to view the Entries and vote for the two (2) Entries—one (1) male and one (1) female—that they believe exemplify the best and most compelling overall image for health and fitness. The RIPPEDIENCE.com community members will be eligible to vote for their top male pick and their top female pick by liking and/or commenting on the Instagram post in accordance with Instagram’s policies for liking and commenting. Derogatory and/or offensive comments will be excluded in Sponsor’s sole and absolute discretion. The vote of the RIPPEDIENCE.com Instagram community at https://www.instagram.com/rippedevents/ (@RIPPEDEVENTS) will account for forty percent (40%) of the scoring to determine the potential Grand Prize winner(s). The online voting that Sponsor will account for are those likes and/or comments located on Contestant’s posts located only at https://www.instagram.com/rippedevents/ (@RIPPEDEVENTS). Sponsor will also judge each of the four (4) Finalists categories pursuant to the Judging Criteria below. Sponsor’s judging and Judging Criteria will account for sixty percent (60%) of each Finalist’s total score.
The one (1) male and one (1) female Finalists who have the highest total scores (i.e., RIPPEDIENCE.com score plus RIPPEDIENCE.com Instagram @RIPPEDEVENTS community voting score) among their respective gender groups will be the Grand Prize winner Finalist(s), with one person being selected for the final Grand Prize, subject to Sponsor’s verification, qualification, and these Official Rules. The Grand Prize winner(s) will be announced at the 2018 Event.
Contestants are prohibited from obtaining votes by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to prospective voters, as determined by Sponsor in its sole discretion. Use of “dummy” accounts, scripts, purchased likes/comments/follows, macros or any fraudulent or automated system to vote or with the intent to impair the integrity of the voting process is prohibited and all such votes will be void. Sponsor reserves the right, in its sole and unfettered discretion, to nullify all votes that Sponsor determines in its sole discretion were obtained via such means and to disqualify contestants who are associated from further voting or participation in the Contest.
You acknowledge and grant Sponsor the ability in its sole discretion to announce your name and any identifiable information on its Facebook page, Instagram page, Twitter page, websites, app, Press Releases, or in any other form of public communication.
- Tie Breakers. In the unlikely event of a tie in determining either the Finalists or the Grand Prize winners, the potential winner(s) will be selected based on the highest “Videos/Photographs” score. If there is still a tie, the potential winner(s) will be selected based on the highest Judging score by an odd numbered panel of judges at the 2018 Event (three (3) judges but not more than seven (7)).
Judging Criteria – All Entries will be judged according to the following criteria (“Judging Criteria”):
- Videos/Photographs (50%) (Posing): The format is judging by selection of the best developed and best proportioned fitness competitors (male and female). The overall appearance, judged from the submitted Entry videos and photographs of the contestant shall constitute twenty-five percent (25%) of the overall judging score, and the image quality of the submitted Entry videos and photographs shall constitute an additional twenty-five percent (25%) of Sponsor’s overall judging score, for a total of fifty percent (50%) of the overall judging score.
- Video/Photograph Presentation. Front, Back and Side presentation. The video and photograph presentations should consist of competitors presenting themselves with poise, self-confidence and posture. The judges will be looking for a “total package” so any one particular favored stance emulating too much muscularity will not sway a judge’s overall decision, but will contribute to the overall “total package” look, so Competitors are urged to go beyond just their favored “muscular” poses.
- Individual Routine (fifty-nine (59) seconds duration). Each competitor is required to submit an individual video routine lasting fifty-nine (59) seconds in duration posing as described herein, and if time allows for it for utilizing:
- any one (1) favorite pose for the front,
- any one (1) favorite pose for the left side,
- any one (1) favorite pose for the back, and finally
- any one (1) favorite pose for the right side.
- one (1) or more accompanying photographs with the competitor holding his/her competition ID number,
- Individual Routine (fifty-nine (59) seconds duration). Each competitor is required to submit an individual video routine lasting fifty-nine (59) seconds in duration posing as described herein, and if time allows for it for utilizing:
- Sport/Fitness Figure
- Male. Competitors will be judged on their masculine style, marketability, and presence on camera. Male Fitness Models will be expected to show off their physical attributes that project a fit and healthy lifestyle. A lean, well-proportioned, toned and athletic looking body is the look that is wanted.
- Posing. Contestants will be judged on standards of symmetry, proportion, muscular development and condition, posture and general demeanor, in a RELAXED state. Overall symmetry, muscular development and condition, will be preferred to competitors with ´exceptional´ or “sensational´ development areas which don´t come together in the form of overall symmetry or competitors with an imbalance in their physical make-up.
- Male. Competitors will be judged on their masculine style, marketability, and presence on camera. Male Fitness Models will be expected to show off their physical attributes that project a fit and healthy lifestyle. A lean, well-proportioned, toned and athletic looking body is the look that is wanted.
- Video/Photograph Presentation. Front, Back and Side presentation. The video and photograph presentations should consist of competitors presenting themselves with poise, self-confidence and posture. The judges will be looking for a “total package” so any one particular favored stance emulating too much muscularity will not sway a judge’s overall decision, but will contribute to the overall “total package” look, so Competitors are urged to go beyond just their favored “muscular” poses.
Abdominal and Thighs
Picture is used for posing illustrative purposes only. The image above is not reflective of what a winning physique would look like.
Front Lat Spread
Picture is used for posing illustrative purposes only. The image above is not reflective of what a winning physique would look like. Judges will be looking for the V-shape in this pose.
Front Double Biceps
Picture is used for posing illustrative purposes only. The image above is not reflective of what a winning physique would look like. The Judges will be looking for a fully developed arm where the triceps compliment a well-developed thick and high-peaked set of biceps. The arms should enhance the rest of the physique and produce a balance in the overall physique.
Side Chest
Picture is used for posing illustrative purposes only. The image above is not reflective of what a winning physique would look like. The pectoral development should enhance the rest of the physique and produce a balance in the overall physique.
Side Triceps
Picture is used for posing illustrative purposes only. The image above is not reflective of what a winning physique would look like.
Full lat Spread (back) showing calf and leg biceps
Picture is used for posing illustrative purposes only. The image above is not reflective of what a winning physique would look like. Competitors should again remember to position other aspects of their physique to produce an overall attractive display.
Double Biceps (back)
Picture is used for posing illustrative purposes only. The image above is not reflective of what a winning physique would look like.
Most muscular (front)
Picture is used for posing illustrative purposes only. The image above is not reflective of what a winning physique would look like.
- Videos/Photographs (50%) (Posing):
- Sport/Fitness Figure
- Male
- Posing Attire. Competitor’s attire will consist of square cut spandex style swim shorts as the choice for Male Sports/Fitness Model contestants. (NO board shorts, swimming trunks or boxers/briefs). Attire examples can be found below.
- Male
- Sport/Fitness Figure
- Videos/Photographs (50%) (Posing):
- Sport/Fitness Figure
- Female. Competitors will be judged on their overall beauty, body shape, and tone. Attention is focused on beauty of face, figure, physical fitness, and the confidence with which each contestant carries herself. Female Fitness Models will be expected to show off their physical attributes that project a fit and healthy lifestyle. A lean, well-proportioned, toned and athletic looking body is the look that is wanted.
- Posing. Contestants will be judged on standards of a well-balanced and symmetrical developed figure, considering the condition of the skin and skin tone, with the ability to present confidence, poise, and grace. The total package balancing all items listed herein is the aspired goal in judging this category. The emphasis is on a feminine shape and proportion, while retaining a “fit look” and low body fat levels, but not carrying development or definition to an extreme. The competitor should have a round and firm appearance with small amount of body fat. Competitors should not be excessively muscular and should be free from deep muscle separation and/or striations.
- Female. Competitors will be judged on their overall beauty, body shape, and tone. Attention is focused on beauty of face, figure, physical fitness, and the confidence with which each contestant carries herself. Female Fitness Models will be expected to show off their physical attributes that project a fit and healthy lifestyle. A lean, well-proportioned, toned and athletic looking body is the look that is wanted.
- Sport/Fitness Figure
Abdominal and Thighs.
To display overall body condition and contour.
Picture is used for posing illustrative purposes only. The image above is not reflective of what a winning physique would look like.
Front Double Biceps and Back Pose.
To emphasize overall upper body condition. Hands to remain open (unclenched) during display. Remember to retain ´good´ leg positioning.
Picture is used for posing illustrative purposes only. The image above is not reflective of what a winning physique would look like.
Side Chest.
Show upper body and chest condition and development.
Picture is used for posing illustrative purposes only. The image above is not reflective of what a winning physique would look like.
Side Triceps
Picture is used for posing illustrative purposes only. The image above is not reflective of what a winning physique would look like.
Rear Double Biceps and Back showing calf.
Picture is used for posing illustrative purposes only. The image above is not reflective of what a winning physique would look like.
- Videos/Photographs (50%) (Posing):
- Sport/Fitness Figure
- Female
- Posing Attire. Competitor’s attire will consist of a two-piece bikini, in any color pattern or style that best compliments the athlete’s physique (Thong style, G-string or any other two piece is allowed). Any shoes with heels (stiletto’s, platforms etc.) will be acceptable. Attire examples can be found below.
- Female
- Sport/Fitness Figure
- Videos/Photographs (50%) (Motivator / Influencer):
- Sport/Fitness Figure
- Social Media Marketability / Influence-ability (Male and Female). (50%) – During the Contest Period, promotion of the Contest and RIPPEDIENCE monthly subscriptions is mandatory to qualify for any contest prizes. To be eligible, you must promote the Contest and RIPPEDIENCE monthly subscriptions and be an active and valid member (paid monthly subscriber or free basic member) in good standing. By promoting, each Competitor agrees that Sponsor shall own all data absolutely (including the copyright thereto and all rights embodied therein) and that Sponsor and its designees may exploit, edit, modify, and distribute the Contestant’s promotional materials, Instagram and/or other social media posts, any and all associated comments, or other online media promotional materials used by the Contestant in any and all media now known or hereafter devised, worldwide, in perpetuity without compensation, permission or notification to the Contestant or any third party. The Contestant agrees that Sponsor is not responsible for any unauthorized use by third parties. The Sponsor does not guarantee the posting of any Competitor and may remove a Competitor for any reason at any time at the Sponsor’s sole discretion. Social Media Influencing is part of the overall judging criteria. While the overall First Prize or Grand Prize is not dependent on the fees collected the number of subscriptions generated by each contestant is evaluated and tracked using the referral link in the Contestant’s dashboard. To be considered for the Grand Prize this category requires marketing RIPPEDIENCE.com, posting and generating traffic and subscription sales using the member’s referral link in member’s dashboard, member’s contribution to a monthly subscription of 50,000 sold subscribers will be evaluated and tracked. Your efforts will include your contribution to meeting 50,000 subscribers for at least one (1) monthly period during the Contest Period.
- Video/Photography Submission (Influencing) – You may choose from the following for your submission under this portion of the Contest:
- A photograph using the RIPPEDIENCE logo AND
- either a box or shaker filled with samples OR
- your photograph with any full sized product sold on the RIPPEDIENCE.com website
- Alternatively, you can create your own thirty (30) second or fifty nine (59) second video commercial marketing a RIPPEDIENCE subscription.
- A photograph using the RIPPEDIENCE logo AND
- This section will be judged according to creativity, charisma, marketability, image quality and overall influence ability. The contestant does not get marked up or down for creating a video over a photograph. The emphasis is health and fitness and marketability, a photograph in most cases can be more marketable than a video and in other cases a video can be more marketable than a photograph. Do what works best for you and make sure that all depictions of you in this section are current depicting the Contestant’s actual, current physical appearance, and which were taken any time on or after December 1, 2017. Marketability includes Contestant’s ability to motivate and inspire and influence their social media followers through inspiring, motivational, educational, and/or humorous social media posts.
- Video/Photography Submission (Influencing) – You may choose from the following for your submission under this portion of the Contest:
- Social Media Marketability / Influence-ability (Male and Female). (50%) – During the Contest Period, promotion of the Contest and RIPPEDIENCE monthly subscriptions is mandatory to qualify for any contest prizes. To be eligible, you must promote the Contest and RIPPEDIENCE monthly subscriptions and be an active and valid member (paid monthly subscriber or free basic member) in good standing. By promoting, each Competitor agrees that Sponsor shall own all data absolutely (including the copyright thereto and all rights embodied therein) and that Sponsor and its designees may exploit, edit, modify, and distribute the Contestant’s promotional materials, Instagram and/or other social media posts, any and all associated comments, or other online media promotional materials used by the Contestant in any and all media now known or hereafter devised, worldwide, in perpetuity without compensation, permission or notification to the Contestant or any third party. The Contestant agrees that Sponsor is not responsible for any unauthorized use by third parties. The Sponsor does not guarantee the posting of any Competitor and may remove a Competitor for any reason at any time at the Sponsor’s sole discretion. Social Media Influencing is part of the overall judging criteria. While the overall First Prize or Grand Prize is not dependent on the fees collected the number of subscriptions generated by each contestant is evaluated and tracked using the referral link in the Contestant’s dashboard. To be considered for the Grand Prize this category requires marketing RIPPEDIENCE.com, posting and generating traffic and subscription sales using the member’s referral link in member’s dashboard, member’s contribution to a monthly subscription of 50,000 sold subscribers will be evaluated and tracked. Your efforts will include your contribution to meeting 50,000 subscribers for at least one (1) monthly period during the Contest Period.
- Sport/Fitness Figure
Sponsor reserves the right to modify the judging criteria at any time in Sponsor’s sole and absolute discretion. You understand and agree that the Sponsor reserves the right to modify the Grand Prize for one of a lesser value than the Grand Prize at any time for any reason at Sponsor’s sole discretion. Suggestions made by WFF Judges and Women’s Champion Lauren Powers will be considered as part of the Judging Criteria.
Prizes. Subject to these Official Rules and Sponsor’s application of the Judging Criteria, the prizes are as follows:
- Finalist Prize – Bentley GT Coupe subject to the terms described below
- Only winners of the Monthly Contest will be eligible to win the Grand Prize Bentley GT Coupe as described herein.
- The winner of the vehicle lease (a) is responsible for all expenses associated with the lease and the vehicle, including without limitations, insurance, excess mileage over 12,000, any vehicle damage, above normal wear and tear and other expenses set forth in the lease between the winner and the Sponsor, (b) is required to sign a release agreement, (c) must sign the proposed vehicle lease and/or lease transfer and (d) is subject to all terms and conditions of the lease and official Rules for this Contest.
- The Grand Prize shall consist of a minimum one (1) year car lease. The lease may include more than one full year of lease time. The final lease term will be determined and finalized at the end of the contest period.
- Prize Winner is responsible for vehicle registration, license, tax, title and insurance fees and for all costs associated with any available upgrade/option not provided with the prize vehicle and any other expenses related to the acceptance and use of the prize not specified. Winner must take delivery of vehicle not later than November 5, 2018 from Sponsor or the Grand Prize may be forfeited. Winner must have a valid U.S. driver’s license and proof of insurance to take delivery. Vehicle awarded may differ from any vehicle shown in promotional materials. Vehicle model year, color, mileage, options and equipment will be determined by Sponsor in its sole discretion. The Grand Prize must be accepted in its entirety or not at all. Winner will be responsible for all applicable taxes (not limited to federal, state, local and/or income) on all aspects of Grand Prize won and will be required to provide their Social Security number or tax ID for tax reporting purposes as Sponsor will file an IRS Form 1099 with the Internal Revenue Service for the value of any prize awarded and accepted. WI residents will not be responsible for sales tax on the vehicle prize. Prize may not be transferred or assigned. No cash or other substitution may be made, except by the Sponsor, who reserves the right to substitute the prize in whole or in part with another prize of comparable or lesser value if the intended prize is not available for any reason as determined by the Sponsor in its sole discretion. In the event that a prize winner is disqualified for any reason, the prize will be forfeited and may be awarded to an alternate at the Sponsor’s sole discretion.
- There will be one grand prize winner publicly announced. Vehicles on display at any event may not be the actual vehicle awarded. Leases will be based on 12,000 miles per year. Winner will be responsible for $25 per mile thereafter. Winner may be liable for excess wear and tear to vehicle. Sponsors shall not have any responsibility or liability whatsoever for any property loss, damage, personal injury, or death, in connection with the prize provided pursuant to the Contest and/or any person’s participation in the Contest. Winner must take delivery of prize from the Sponsor by the date and time designated within this agreement. Sponsor shall not be responsible for delays in delivery of the prize vehicle, and delivery is subject to availability. Sponsor, however, shall use all reasonable efforts, subject to availability, to deliver the Grand Prize vehicle to the Sponsor designated delivery location within three hundred sixty (360) days of completion of verification process. Winner shall bear all risk of loss or damage to the vehicle after it has been delivered to the winner. Winner must personally retrieve the Grand Prize vehicle within the time frame specified herein or he/she will lose his right to claim the Grand Prize vehicle. Winner will be required to enter into a lease or use agreement as directed by Sponsor in order to claim his/her prize. Winner may also be requested to complete additional forms as requested by the entity providing the vehicle lease in order to claim their prizes. TO BE ELIGIBLE TO ENTER OR WIN THE GRAND PRIZE, CONTESTANTS MUST HAVE A VALID U.S. DRIVER’S LICENSE AND MUST PROVIDE PROOF OF ADEQUATE LIABILITY INSURANCE.
- Grand Prize is being provided on an as-is, where-is basis, without warranty of any kind. Winner must look to vehicle manufacturer for all warranty claims, if applicable. Sponsor will solely designate and specify available vehicle including make, model, color, mileage, and options for Grand Prize winner’s prize award. Actual prize may differ from promotional images. Grand Prize winner may not substitute, exchange, or apply the vehicle’s value towards a higher cost or alternate vehicle. Designated vehicle must be the Sponsor designated vehicle that is in Sponsor’s or Sponsor’s agent’s designated inventory. Winner must accept delivery of vehicle as specified by Sponsor in its sole discretion, on or before November 5, 2018. If Grand Prize is not picked up at sponsor’s designated location by the required date, winner bears risk of loss or damage; the prize is considered forfeited and an alternate winner may be selected at random, at Sponsor’s sole discretion. Winner must provide proof of valid driver’s license and insurance before accepting possession of the vehicles; failure to show same may result in prize forfeiture and selection of an alternate winner.
- The potential winner will be required to complete all lease documentation furnished by Sponsor and provide a copy of the potential winner’s driver’s license and proof of insurance prior to accepting possession of the vehicle. Except where prohibited, as a condition of receiving a prize, the potential winner will also 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 the potential winner fails to sign and return the Affidavit/Release (where applicable) within the required time period, or if it is determined by Sponsor, in its sole and absolute discretion, that the potential winner is not eligible or declines to participate or receive a prize in accordance with these Official Rules, an alternate runner-up entrant shall be selected in his/her place.
- The Vehicle shall be solely used within the United States and with a mileage limitation of Twelve Thousand (12,000) miles. The color, year made, mileage, features and equipment of the Prize Vehicle shall be within the sole and absolute discretion of Sponsor. The estimated value of the Prize is up to Fifteen Thousand Dollars ($15,000.00). The Prize Winner should consult with a tax advisor concerning the tax consequences of winning the Sweepstakes. The Prize Winner shall be solely responsible for all fuel costs for the Prize Vehicle and all tolls, parking and/or moving violations associated with his/her use of the Prize Vehicle during the one (1) year lease period. The Prize Winner shall also be responsible for insuring the vehicle during the one (1) year lease period and shall also be responsible for all damage to the Prize Vehicle while it in in the Prize Winner’s possession, normal wear and tear excepted.
- Export Restrictions: The winning Contestant hereby acknowledges and agrees that the vehicle acquired by it in accordance with the terms of this Contest, shall remain under operation by Contestant and may not be exported from the United States without the prior written consent from Sponsor in its sole discretion. Winning Contestant further acknowledges and agrees to comply with any and all policies regarding minimum holding periods for the vehicle as well as any vehicle export policies as may be instituted by Sponsor from time to time. In the event of a violation of this obligation, winning Contestant agrees to pay Sponsor and Sponsor reserves the right to recover payment from the winning Contestant, as well as all reasonable costs uncured by Sponsor in the collection of said payments, including reasonable attorney’s fees and court cost, or arbitrator costs.
- The Sponsor will award only one (1) Grand Prize.
- THE PRIZE WINNER ACKNOWLEDGES THAT, EXCEPT AS SET FORTH IN THE LEASE AND RELATED DOCUMENTS PROVIDED WITH THE LEASE, THE PRIZE IS AWARDED AS-IS. SPONSOR MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LEGAL COMPLIANCE WITH RESPECT TO APPLICABLE LAWS (INCLUDING WITHOUT LIMITATION, NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION LAWS) OR NONINFRINGEMENT AS REGARDS TO THE PRIZES OR ANY COMPONENTS OF THE PRIZES.
- Monthly Contest Prize Advancement Eligibility – All Monthly Contest winners will be automatically advanced to the next month and get one step closer to becoming eligible for entry in the 2018 Event and ultimately winning the Grand Prize, subject to the terms and conditions in these official rules.
- Runner-up Prize. Sponsor may in its sole discretion add additional prizes, including but not limited to, modeling contract prizes and other forms of getting contestant added exposure.
- Grand Prize. One competitor (male or female) who has the highest total scores will receive the grand prize vehicle listed above.
- Optional Personal Coach Prize – In the event that a winning contestant has responded in the affirmative regarding his/her personal Coach, that personal Coach will receive a prize of $500.00, subject to Sponsor’s verification (in the event the winning contestant has changed his or her personal Coach between the time of entry and the prize award, the individual who was the winning contestant’s personal Coach at the time of entry will win this prize). In order to receive this prize, the personal Coach must be a member of RIPPEDIENCE.com, in good standing, and in compliance with the RIPPEDIENCE Terms and Conditions at all times during the Contest Period and at the time any potential prize is awarded.
- Additional Details/Restrictions
- Grand Prize Vehicle (Bentley GT) is located in Southern California and winner bears the sole responsibility for any shipment of the Bentley to any other location within the United States. If the Bentley is not picked up by November 5, 2018 5:00 PM PT the prize is therefore deemed forfeited and will automatically revert back to Sponsor.
- Instagram instructions on how to upload multiple videos clips and photos can be found at https://help.instagram.com/257086891291908.
- Where applicable Contestant is responsible for transportation and transportation costs to the 2018 Event, and any ancillary costs such as lodging, ground travel, food, etc. The Contestant will however, be given one (1) admission ticket for the finalist Contestant and one (1) additional admission ticket for any travel companion. The Finalist Competitor and his/her travel companion must be available for travel on the dates designated by Sponsor for the 2018 Event or the Finalist Competitor seat will be forfeited.
- If weather or other incidents or conditions beyond the control of the Sponsor affects the ability for Finalist and his/her travel companion, if any, to participate in any portion of Trip, then the Sponsor shall have no further obligation to the Finalist and/or travel companion other than to forfeit your seat as a Final Competitor. Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotel, transportation companies, or any other persons providing any Trip-related services or accommodations. Sponsor is not liable for expenses incurred as a consequence of flight cancellation/delay. If for any reason whatsoever, Finalist and/or travel companion are unable to travel, Contestant is deemed to have forfeited from the Finals and Sponsor shall have no further obligation to the Finalist.
- In the event the Finalist and/or his/her travel companion at any time during the Contest Period engages in behavior that, as determined by Sponsor in its sole discretion, is obnoxious or threatening, illegal, or intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the Finalist from the Competition with no further obligation. In the event a Finalist or his/her travel companion engages in behavior during travel that is illegal, tortious, or subjects Finalist and/or travel companion to arrest or detention, Sponsor shall have no obligation to pay any damages, fees, fines, judgments or other costs or expenses of any kind whatsoever incurred by Finalist or his/her travel companion as a result of such conduct.
All prices are in U.S. Dollars. Prizes are not assignable or transferable. No exchanges and no substitutions are permitted. Any other incidental expenses relating to the prizes not specified herein are the winner’s sole responsibility. Prize winners are solely responsible, at their own costs, for all matters relating to the prize, including but not limited to all federal, state and local taxes. It is the sole responsibility of each prize winner to seek independent counsel regarding tax implications. Other restrictions may apply. Sponsor will not replace any lost, stolen or undeliverable prizes. You agree to reimburse Sponsor for any prize fraudulently obtained by you. THE PRIZES ARE AWARDED “AS IS” AND SPONSOR DOES NOT MAKE ANY, AND HEREBY DISCLAIMS, ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE PRIZES. Entering and/or participating in the Contest constitutes your consent to have your Entry and Submission Materials, including all videos, photos, and other materials, posted for the entire RIPPEDIENCE community for review and voting in the Contest.
Release. By participating in the Contest and the 2018 Event in any way, uploading or making any Entry for consideration, or taking receipt of or using any prize that may be awarded, you agree to release and hold harmless Sponsor, RIPPEDIENCE.com, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, online and/or social media community, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees, and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property or privacy arising out of participation in the Contest, any posting online or otherwise of any part of your Entry for voting or otherwise, and/or receipt or use or misuse of any prize that may be awarded. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT THE CONTEST, THE 2018 EVENT AND YOUR PARTICIPATION IN ANY ACTIVITIES IN CONNECTION WITH THE CONTEST AND THE 2018 EVENT (COLLECTIVELY, “ACTIVITIES”) MAY HAVE POTENTIALLY SIGNIFICANT AND INHERENT RISKS AND DANGERS THAT NO AMOUNT OF CARE, CAUTION, INSTRUCTION, OR EXPERTISE CAN ELIMINATE. YOU HEREBY ACKNOWLEDGE AND WILLINGLY, EXPRESSLY AND VOLUNTARILY ASSUME ALL THESE RISKS WHICH MAY RANGE FROM MINOR INJURIES TO SEVERE PERSONAL AND/OR BODILY INJURY, DEATH OR DAMAGE TO OR LOSS OF PROPERTY OR PRIVACY, AND ANY RESULTING DAMAGES OR EXPENSES. YOU AGREE THAT YOU WILL NOT PARTICIPATE OR BE INVOLVED IN THE ACTIVITIES UNLESS YOU ARE IN THE PROPER PHYSICAL CONDITION (INCLUDING BY OBTAINING PROPER ADVICE FROM YOUR MEDICAL PROVIDER IF APPLICABLE) AND WILL IMMEDIATELY STOP ANY ACTIVITY IF YOU FEEL PAIN, DIZZINESS OR OTHER DISCOMFORT. BY PARTICIPATING IN THE CONTEST AND/OR THE 2018 EVENT IN ANY WAY, TAKING PART IN ANY ACTIVITIES, OR ACCEPTING ANY PRIZE THAT MAY BE AWARDED, YOU AGREE TO RELEASE AND HOLD HARMLESS THE “RELEASED PARTIES” FROM AND AGAINST ANY CLAIM OR CAUSE OF ACTION, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DEATH, OR DAMAGE TO OR LOSS OF PROPERTY OR PRIVACY ARISING OUT OF PARTICIPATION IN THE CONTEST, ACTIVITIES, THE TRIP, RECEIPT OR USE OR MISUSE OF ANY PRIZE THAT MAY BE AWARDED, AND/OR ANY PUBLICITY, DEFAMATION, OR INVASION OF PRIVACY ARISING OUT OF THE CONTEST OR YOUR CONTENT (AS DEFINED HEREIN).
By entering, Contestants agree that Sponsor, its affiliates and licensees may use Contestant’s names, likeness, the Images, videos, personal information, and statements made by Contestant to Sponsor or by Contestant on any of Contestant’s social media, information on the entry form for advertising and promotional purposes in all media worldwide (including the internet) without additional compensation Contestant irrevocably grants all rights here under in perpetuity including the right to edit or modify and to publish and copyright the foregoing.
Your Content; License. By uploading or submitting any Entry, including any information, text, images, audio, video and any other content (collectively, “Your Content”) and otherwise entering the Contest, you represent that (a) the Entry and Your Content is truthful, original to you and does not contain any material that would defame or otherwise violate or infringe upon the rights of any third party, including any patent, trademark, publicity, privacy, moral, trade secret, copyright and/or other proprietary rights, and does not violate any applicable federal, state or local laws or ordinances, (b) you own or have the necessary licenses, rights, consents and permissions to use and allow the use of the Entry and Your Content, including any and all patent, trademark, publicity, moral, trade secret, copyright, and/or other proprietary rights therein, and (c) you have the written consent, release, and/or permission of each and every identifiable person in the Entry and Your Content (to the extent applicable) to use such person’s name or likeness in the Entry and Your Content for the uses contemplated herein. You represent that you have not copied or in any way taken any of the Entry or Your Content from any third party. Further, you specifically represent that your videos and photograph(s) are original and current depicting you as of the date set forth therein.
Further, by making or submitting any Entry and Your Content, you expressly grant the Released Parties a perpetual, worldwide, royalty-free, sublicensable, and transferrable right and license to host, store, modify, use, distribute, reproduce, excerpt, adapt, prepare derivative works of, publicly perform and display, publish, and make any other use of your Entry and Your Content in any and all media now known or hereinafter devised, as determined by Sponsor in its sole discretion. This includes, but is not limited to, the right and license to modify, use, distribute, reproduce, excerpt, adapt, prepare derivative works of, publicly perform and display, publish and make any other use of the Entry and Your Content and all aspects thereof: (a) in and in connection with any product, recording, video, advertisement, infomercial, or any advertising or promotional material; and (b) on RIPPEDIENCE.com, @RIPPEDIENCE Instagram, or any other website or webpage owned, operated by or related to Sponsor, including any and all social media accounts held by, controlled by, or owned by Sponsor including YouTube channels, Instagram, Facebook, Twitter, SnapChat, and any other form of online media now known and unknown and and future types of media. You grant Sponsor the right and license to use the Entry and Your Content and all aspects thereof, as set forth herein, in any way Sponsor determines whether with or without providing any attribution or compensation to you, except where prohibited by law. Notwithstanding the foregoing, you expressly acknowledge and agree that nothing herein shall require Sponsor to utilize any portion of Your Content. You agree to indemnify the Released Parties from and against all third party trademark, copyright, intellectual property, right of publicity or other claims arising out of the use of the Entry and Your Content.
Publicity; Marketing. Except where prohibited by law, participation in the Contest and the 2018 Event constitutes your express and irrevocable consent to Sponsor’s and its agents’ worldwide use of Your Content, including without limitation your name, likeness, photographs, voice, opinions, biographical details and any other information you may submit or Sponsor may obtain in connection with your Entry for promotional, marketing or trade purposes in any and all media now known or hereafter discovered, without further payment or consideration, including, without limitation, placement on the RIPPEDIENCE.com website and creation of promotional videos featuring the winners. In addition, except where prohibited by law, participation in the Contest and the 2018 Event constitutes your consent to Sponsor’s contacting you at a later date to inquire further and potentially gain more information about your health and fitness story. Further, as outlined above, participation in the Contest constitutes your consent to have your Entry and Your Content, including all photos, video, or other materials, submitted to the RIPPEDIENCE online community for review and voting in the Contest. You expressly acknowledge and agree that your Entry and Your Content will be accessible by others and that there is no confidentiality or privacy with respect to your Entry and Your Content. In addition, the information provided by you in your Entry may be used by Sponsor for the purpose of delivering its products and services, to inform you of other products or services available, or to contact you about your opinion of current and new products and services that may be offered. We may use your contact information in order to send you promotional e-mails, postal mail or other communications regarding products or services we may offer. Please see our Privacy Policy found at the bottom of our websites for more information about how we may use your information.
General Conditions. Winners are solely responsible for any and all state, local, and federal taxes. Void in any country outside of the United States of America, and where prohibited by law. The submitting of an Entry confirms your full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Contest. Sponsor reserves the right to cancel, suspend, and/or modify the Contest and/or extend or delay the submission or voting or any other periods, or winner announcements, or any part of thereof for any reason, including without limitation, due to force majeure (e.g., an act of war or terror), or if any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest in any manner, or for any reason related to the administration of the Contest, as determined by Sponsor in its sole discretion. Winning or accepting any prize that may be awarded in the Contest is contingent upon the conditions set forth herein, upon at least one monthly paid subscription base of members amounting to not less than 50,000 members for that month during the Contest Period, upon contestant fulfilling all tax, regulatory, and legal obligations (including completion of any forms required in connection therewith) and any other requirements set forth in these Official Rules, which shall all be at your sole obligation. In the event the Contest is not capable of running as planned, including due to infection by computer virus or bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor, which corrupt or affect the operation, administration, security, fairness, integrity or proper conduct of the Contest, Sponsor may, in its sole and absolute discretion and without any fault or liability, void any suspect entries and (a) cancel the Contest; (b) modify or suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules; and/or (c) award the prize from among the eligible, non-suspect entries received up to the time of the impairment in accordance with the criteria in these Official Rules. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be involved with tampering with the entry process or the operation of the Contest, or to be acting in violation of these Official Rules or any other Sponsor promotion, or in an unsportsmanlike or disruptive manner. Sponsor’s failure to enforce any provision or term of these Official Rules shall not constitute a waiver of that provision or any other provision herein. You acknowledge that the Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram, or Twitter, and that any information or data which you may provide in connection with the Contest or these Official Rules is being provided to Sponsor, and not Facebook, Instagram, or Twitter.
Limitation of Liability. You recognize and agree that the Released Parties are not responsible for: (1) any injury to you or any other party, and any other personal or property damage that may be caused or that may occur as a result of your attempting to create an Entry; (2) any incorrect or inaccurate information, whether caused by you or another contestant, printing errors, or by any of the equipment or programming associated with or utilized in the Contest; (3) technical failures of any kind, including, but not limited to, malfunctions, interruptions, or disconnections in phone lines, cable connections, or network hardware or software; (4) technical or human error which may occur in the administration of the Contest or the processing of entries, prize notification, and/or winner confirmation; (5) any lost, late, delayed, corrupted, undelivered, or undeliverable Entry or prize notification; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from your participation in the Contest, or receipt or use or misuse of any prize that may be awarded. If for any reason an Entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Contestant’s sole remedy is another Entry in the Contest, provided that if it is not possible to award another Entry due to discontinuance of the Contest, none shall be awarded.
BY PARTICIPATING IN THE CONTEST, YOU AGREE THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, AND IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ENHANCED DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE CONTEST OR YOUR PARTICIPATION IN THE CONTEST, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT SPONSOR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. YOU AGREE THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. WITHOUT LIMITING THE FOREGOING, SPONSOR’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS, JUDGMENTS AND/OR AWARDS ARISING OUT OF THIS CONTEST, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED, WILL BE LIMITED TO AND WILL NOT EXCEED $25.
Disputes. The dispute resolution, binding individual arbitration and waiver of class actions and class arbitration terms below apply to this Contest. If any part of these Official Rules is declared invalid or unenforceable by a court of competent jurisdiction, it shall not affect the validity of the balance of these Official Rules.
- Disputes. The terms of this Section shall apply to all Disputes between you and RIPPEDIENCE. For the purposes of this Section, “Dispute” shall mean any dispute, claim, or action between you and RIPPEDIENCE arising under or relating to any RIPPEDIENCE Services, RIPPEDIENCE websites, these Terms, or any other transaction involving you and RIPPEDIENCE, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and shall be interpreted to be given the broadest meaning allowable under law. YOU AND RIPPEDIENCE AGREE THAT “DISPUTE” AS DEFINED IN THESE TERMS SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY YOU OR RIPPEDIENCE FOR (i) TRADE SECRET MISAPPROPRIATION, (ii) PATENT INFRINGEMENT, (iii) COPYRIGHT INFRINGEMENT OR MISUSE, AND (iv) TRADEMARK INFRINGEMENT OR DILUTION. Moreover, notwithstanding anything else in these Terms, you agree that a court, not the arbitrator, may decide if a claim falls within one of these four exceptions.
- Binding Arbitration. You and RIPPEDIENCE further agree: (i) to arbitrate all Disputes between the parties pursuant to the provisions in these Terms; (ii) these Terms memorialize a transaction in interstate commerce; (iii) the Federal Arbitration Act (9 U.S.C. §1, et seq.) governs the interpretation and enforcement of this Section; and (iv) this Section shall survive termination of these Terms. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY IN A COURT PROCEEDING AND YOUR GROUNDS FOR APPEAL ARE LIMITED. The arbitrator may award you the same damages as a court sitting in proper jurisdiction could, and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. In addition, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. The decision of the arbitrator shall be final and enforceable by any court with jurisdiction over the parties.
- Small Claims Court. Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state or municipality if the action is within that court’s jurisdiction and is pending only in that court.
- Dispute Notice. In the event of a Dispute, you or RIPPEDIENCE must first send to the other party a notice of the Dispute that shall include a written statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested (the “Dispute Notice”). The Dispute Notice to RIPPEDIENCE must be addressed to: RIPPEDIENCE, c/o Legal Solutions 2 U, APC, 16812 Armstrong Ave, Suite 200L, Irvine, CA 92606, U.S.A., Attn.: Chief Legal Officer (the “RIPPEDIENCE Notice Address”). The Dispute Notice to you will be sent by certified mail to the most recent address we have on file or otherwise in our records for you. If RIPPEDIENCE and you do not reach an agreement to resolve the Dispute within sixty (60) days after the Dispute Notice is received, you or RIPPEDIENCE may commence an arbitration proceeding pursuant to this Section. Following submission and receipt of the Dispute Notice, each of us agrees to act in good faith to seek to resolve the Dispute before commencing arbitration.
- WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. YOU AND RIPPEDIENCE AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS. ACCORDINGLY, UNDER THE ARBITRATION PROCEDURES OUTLINED IN THIS SECTION, AN ARBITRATOR SHALL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION PROCEEDING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AND RIPPEDIENCE AGREE THAT NO DISPUTE SHALL PROCEED BY WAY OF CLASS ARBITRATION WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES.
- Arbitration Procedure. If a party elects to commence arbitration, the arbitration shall be governed by the rules of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”), available at http://www.jamsadr.com or by calling 1-800-352-5267, and under the rules set forth in these Terms, except that JAMS may not administer any multiple claimant or class arbitration, as the parties agree that the arbitration shall be limited to the resolution only of individual claims. If there is a conflict between the JAMS Rules and the rules set forth in these Terms, the rules set forth in these Terms shall govern. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to federal, state, or local laws. All Disputes shall be resolved by a single neutral arbitrator, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by the terms of these Terms. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. Notwithstanding this broad delegation of authority to the arbitrator, a court may determine the limited question of whether a claim or cause of action is for (i) trade secret misappropriation, (ii) patent infringement, (iii) copyright infringement or misuse, or (iv) trademark infringement or dilution, which are excluded from the definition of “Disputes” as stated above. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. You may choose to engage in arbitration hearings by telephone. Arbitration hearings not conducted by telephone shall take place in a location reasonably accessible from your primary residence, or in Orange County, California, at your option.
- Initiation of Arbitration Proceeding. If either you or RIPPEDIENCE decide to arbitrate a Dispute, we agree to the following procedure:
- Write a Demand for Arbitration. The demand must include a description of the Dispute and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at http://www.jamsadr.com (“Demand for Arbitration”).
- Send three copies of the Demand for Arbitration, plus the appropriate filing fee, to:
- JAMS
14th Floor, 500 N State College Blvd, Orange, CA 92868, U.S.A.
- JAMS
- Send one copy of the Demand for Arbitration to the other party at the same address as the Dispute Notice, or as otherwise agreed to by the parties.
- Hearing Format. In all hearing formats, the arbitrator shall issue a written decision that explains the essential findings and conclusions on which an award, if any, is based. During the arbitration, the amount of any settlement offer made by RIPPEDIENCE or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or RIPPEDIENCE is entitled. The discovery or exchange of non-privileged information relevant to the Dispute may be allowed during the arbitration.
- Arbitration Fees. RIPPEDIENCE may, at its sole discretion, pay, or (if applicable) reimburse you for, all JAMS filing, administration, and arbitrator fees for any arbitration commenced (by you or RIPPEDIENCE) pursuant to provisions of these Terms. Otherwise the cost of the arbitration proceeding and any proceeding in court to confirm or to vacate any arbitration award, as applicable (including, without limitation, reasonable attorneys’ fees and costs), shall be borne by the unsuccessful party, as determined by the arbitrators, and shall be awarded as part of the arbitrator’s award. It is specifically understood and agreed that any party may enforce any award rendered pursuant to the arbitration provisions of this Section by bringing suit in any court of competent jurisdiction. The parties agree that the arbitrator shall have authority to grant injunctive or other forms of equitable relief to any party. This Section shall survive the termination or cancellation of this Agreement. Each party shall pay its own proportionate share of arbitrator fees and expenses. The arbitrator shall be entitled to award the foregoing arbitration and administrative fees and expenses as damages in his/her discretion.
- Opt-out. You may elect to opt-out (exclude yourself) from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in these Terms by sending a written letter to the RIPPEDIENCE Notice Address within thirty (30) days of your assent to these Terms (including the purchase of any RIPPEDIENCE Service or use of our websites) that specifies: (i) your name; (ii) your mailing address; and (iii) your request to be excluded from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this Section. In the event that you opt-out consistent with the procedure set forth above, all other terms shall continue to apply, including the requirement to provide notice prior to arbitration.
- Amendments to this Section. Notwithstanding any provision in these Terms to the contrary, you and RIPPEDIENCE agree that if RIPPEDIENCE makes any future amendments to the dispute resolution procedure and class action waiver provisions (other than a change to RIPPEDIENCE’s address) in these Terms, RIPPEDIENCE will notify you and you will have thirty (30) days from the date of notice to affirmatively opt-out of any such amendments. If you affirmatively opt-out of any future amendments, you are agreeing that you will arbitrate any Dispute between us in accordance with the language of this Section as stated in these current Terms, without any of the proposed amendments governing. If you do not affirmatively opt-out of any future amendments, you will be deemed to have consented to any such future amendments.
- Severability. If any provision in this Section is found to be unenforceable, that provision shall be severed with the remainder of these Terms remaining in full force and effect. The foregoing shall not apply to the prohibition against class or representative actions; if the prohibition against class or representative actions is found to be unenforceable, this entire Section shall be null and void. The terms of this Section shall otherwise survive any termination of these Terms.
- Exclusive Venue for Other Controversies. RIPPEDIENCE and you agree that any controversy including those excluded from the dispute resolution procedure and class action waiver provisions in this Section (including any individual action filed in small claims court) shall be filed only in the Superior Court of Orange County, California, or the United States District Court for the Central District of California, Southern Division, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy.
Privacy Policy. Entries are subject to Sponsor’s Privacy Policy accessed through the bottom of RIPPEDIENCE.com, or as otherwise posted and updated on Sponsor’s website.
Official Rules Request; Winner Confirmation Request. To request a copy of the Official Rules or written confirmation of the winner(s), send a self-addressed, stamped envelope no later than December 31, 2018 to: RIPPEDIENCE, c/o Legal Solutions 2 U, APC, 16812 Armstrong Ave, Suite 200L, Irvine, CA 92606, U.S.A.
This event is not sponsored by, endorsed, or in any way affiliated with Instagram, Facebook, or any subsidiaries or affiliate of either. ENTRANTS RELEASE, DISCHARGE, AND AGREE TO INDEMNIFY AND HOLD HARMLESS, SPONSOR, FACEBOOK, TWITTER, INSTAGRAM AND THE OTHER SOCIAL MEDIA SITES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS AND REPRESENTATIVES FROM AND AGAINST ANY CLAIMS OR LIABILITY FOR ANY DAMAGES, INJURY OR LOSSES (INCLUDING DEATH) TO ANY PERSON, OR PROPERTY, OF ANY KIND RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY FROM ACCEPTANCE, POSSESSION, MISUSE OR USE OF ANY PRIZE OR PARTICIPATION IN ANY CONTEST RELATED ACTIVITY OR PARTICIPATION IN ANY PROMOTION CONDUCTED BY SPONSOR.
Miscellaneous. Sponsor is not responsible for broken, lost, incomplete, invalid, unintelligible, inaccurate, undeliverable, garbled, late, stolen, damaged or misdirected entries, all of which will be disqualified; failures or malfunctions of videos, emails, tech, phones, phone lines or telephone systems or other communications or malfunctions; interrupted or unavailable network, server or other connections including those through social media such as Facebook.com, Twitter.com or Instagram.com, cable, satellite, Internet Service Provider (ISP) or other connections; miscommunications, failed computer hardware or software or other technical failures; garbled, lost, misrouted or scrambled transmissions; any error, omission, interruption, defect or delay in any transmission or communication; traffic congestion on the Internet or for any technical problem, including but not limited to any injury or damage to Contestant’s or any other person’s computer or other device related to or resulting from participation in the Contest; theft, destruction or unauthorized access to, or alteration of, Entries or votes; or human-processing error; printing, typographical or other errors or omissions in these Official Rules or in any Contest-related advertisements or other materials; or other errors or problems of any kind whether mechanical, human, technical, network, electronic; or errors which may occur in connection with the administration of the Contest, the incorrect uploading or submitting of Entries, the processing or judging of Entries, the tabulation of votes, the awarding or announcement of the Finalists or Grand Prize winner, or in any other Contest-related materials. Sponsor reserves the right to void and remove any and all Entries who Sponsor believes has attempted to tamper with, influence, or impair the administration, security, fairness, judging or proper play of Contest and such Contestant will be disqualified and all associated Entries will be void, and the Sponsor shall have no liability and will be held harmless by Competitor for any claim, action, liability, loss, injury or damage to Sponsor, Competitor, or any other person or entity, including, without limitation, personal injury or death to Competitor or any other person or damage to personal or real property, due in whole or in part, directly or indirectly, by reason of the acceptance, possession, use or misuse of the prize and any activity, travel or travel-related activity thereto or participation in this Contest. Sponsor reserves the right, in its sole discretion, to modify, suspend, and/or terminate this Contest (or portion thereof) for any reason, including should virus, bugs, non-authorized human intervention or other causes corrupt or impair the administration, security, fairness or proper play of the Contest or for any other reason and, in the case of termination, at its discretion, select the winner, if at all, from all eligible non-suspect Entries received prior to the event that required such termination using the judging criteria specified above.
CAUTION: Any attempt to deliberately damage the website or undermine the legitimate operation of this Contest is a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek any and all remedies available from any such person(s) responsible for the attempt to the fullest extent permitted by law.
I have READ and AGREE to the official rules of the contest SIGN UP NOW