The Healthy Bod Challenge
The Fit Club Network's Weight Loss Transformation Contest
ARE YOU MEMBER OF THE FIT CLUB NETWORK?
If you are a customer or coach in the Fit Club Network, you are eligible to enter our monthly weight loss transformation contest and win one of three prizes as an EXTRA reward for getting healthy!
- FIRST PRIZE — $250
- SECOND PRIZE — $150
- THIRD PRIZE — $75
Entries are accepted from the 1st to the 3rd of every month and ANYONE can vote from the 4th to the 7th of every month. Watch the video above for all the details!
VOTING WILL BE OPEN FROM SEP 4-7!
Contestants will be displayed when voting opens. If you vote for yourself, vote more than once or encourage others to vote more than once, you will be disqualified!
THE HEALTHY BOD CHALLENGE
MONTHLY CONTEST OFFICIAL RULES
Sponsored by Ward5000 Enterprises, Inc. (DBA “The Fit Club Network”)
1. Contest Periods. The “Healthy Bod Challenge” contest (“Contest”) takes place on a monthly basis, beginning at 12:00:00 AM PT on the first day of each calendar month and ending at 11:59:59 PM PT on the last day of each calendar month thereafter (“Monthly Contest Period”), until terminated or extended by the contest sponsor, Ward5000 Enterprises, Inc. DBA “The Fit Club Network” (“Sponsor”) at their sole discretion. Sponsor’s computer is the official timekeeping device for the Contest.
2. Eligibility. The Contest is open only to qualified entrants (“Qualified Entrant”). A Qualified Entrant must meet all of the following requirements:
a. Current Team Beachbody member (both Premium and free Basic members are eligible as set forth below);
b. Legal resident of the fifty (50) United States or the District of Columbia, Puerto Rico, or Canada;
c. 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.
d. A registered customer of a coach within the team of coaches commonly known as The Fit Club Network, as verified by a search of Monica Ward’s (Coach ID 1130) “Sponsorship Drilldown” found in the Team Beachbody Coach Online Office.
It is the duty of all entrants to ensure they meet all the qualifications above and are, therefore, a Qualified Entrant.
Participants or Winners of any previous monthly Contest are eligible to enter another month of the Contest by submitting all new materials in compliance with these Official Rules, including new “Before” and "After" pictures, a short video, story, and measurements. However, Winners are subject to the following guidelines regarding their ability to win prizes:
a. Previous 30 day transformation Winners are not eligible to collect a
prize for another 30 day transformation until the seventh month
following the contest they won; they are eligible to win all prizes if they
submit a 60 day transformation.
b. Previous 60 day transformation Winners are not eligible to collect a
prize until the seventh month following the contest they won.
c. Sponsor reserves the right to verify the eligibility of winners. Participation in the Contest constitutes the Qualified Entrant's full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Contest.
3. Contest Description and Prizes. During each Monthly Contest Period, subject to the terms herein, each Qualified Entrant will have the opportunity to submit an Entry to share with Sponsor and other contestants how a Beachbody fitness program(s) (“Beachbody Program(s)”) has changed their body and their life (750 maximum characters) during the previous 30 or 60 days. At the end of each Monthly Contest Period, Sponsor will open the Contest for voting. Voting will be open to anyone, including other Qualified Entrants and the general public. Each person casting a vote will be limited to one total vote. Anyone voting more than once, or encouraging others to vote more than once, will be disqualified from the contest. Subject to Sponsor’s verification of eligibility, and these Official Rules, the five (5) Qualified Entrants who have received the highest number of votes will receive one of the following prizes upon verification of eligibility:
In the event of a tie, Sponsor's vote(s) will serve as the tiebreaker.
4. How To Enter. In order to enter a Contest and be eligible to win a prize, one must be an aforementioned Qualified Entrant and provide all required information (“Submission Materials”) on the official Contest entry form located at HealthyBodChallenge.com during the Submission period (Days 1 through 3 of the month following the Monthly Contest Period).
Submission Materials should demonstrate how one or more Beachbody Programs have transformed an Entrant's body and your life and must include the following items:
- First and Last Name
- Your Story. Total story length cannot exceed 750 characters of text and must be written by and original content of Qualified Entrant. The story should be expressive, descriptive, and responsive and is recommended to include content related to the Qualified Entrant’s physical and emotional condition before beginning the Beachbody Program(s), the challenges faced before starting the program(s), the inspiration to get healthy, positives about the transformation experience with the Beachbody Program(s), specifics on how the Beachbody Program(s) changed Qualified Entrant’s body and life, and Qualified Entrant’s most proud achievement stemming from the use of the Beachbody Program(s).
- Email Address
- Before and After Photograph: Qualified Entrant must submit one photo collage incorporating one (1) “Before” and one (1) “After” photograph exhibiting the physical transformation accomplished with one or more Beachbody Programs.
- For a 30 day transformation entry, the “Before” picture must be taken on or just before or after the first day of the Monthly Contest Period and cannot be a previously taken picture of you from an earlier date; the "After" picture must be taken on or just before or after the last day of the Monthly Contest Period.
- For a 60 day transformation entry, the “Before” picture must be taken on or just before or after the first day of the month prior to the Monthly Contest Period and cannot be a previously taken picture of you from an earlier date; the "After" picture must be taken on or just before or after the last day of the Monthly Contest Period.
- Instructions for creating a photo collage can be found on the Entry Form page. Any photographs showing more than one Before and/or After image will not be accepted.
- Video. In order to qualify, an entry must contain a video not to exceed two (2) minutes in length. The video can be submitted as either a video filed emailed to the Contest Administrator or as a YouTube or Vimeo link in the entry form.
- Transformation Period. Qualified Entrants must indicate whether their transformation occurred over a 30 or 60 day time period prior to the Monthly Contest Period.
- Weight Lost. Qualified Entrants are encouraged, but not required, to enter their total weight lost (in pounds) during their 30 or 60 day transformation period.
- Inches Lost. Qualified Entrants are encouraged, but not required, to enter their total inches lost during their 30 or 60 day transformation period. Instructions on how to accurately measure lost inches can be found on the Entry Form page.
- Beachbody Program(s). Qualified Entrants must indicate the Beachbody Program(s) that were integral in their transformation during their 30 or 60 day transformation period.
- Personally Sponsoring Coach. Qualified Entrants must name their personally sponsoring Beachbody coach and answer a single question about whether said coach assisted them and/or was integral in their transformation process.
- Release & Confirmation. Qualified Entrants must 1) indicate their acceptance of these Official Rules, which include a Contest Release in Item 8 or contact the Contest Administrator at firstname.lastname@example.org for a waiver of this requirement; 2) confirm the accuracy of all Submission Materials; and 3) confirm the satisfaction of all Eligibility Requirements (see Item 2 for more information on Contest Eligibility Requirements).
Photograph, “Your Story” and Video Requirements. The photograph and video should be of the best quality possible, as quality will impact voting.
Eligible photographs shall only include one "Before" image and one "After" image in a split screen collage format. Any photographs with more than one Before or After image will not be accepted. To the extent possible, the “Before” and “After” photographs should be of that same pose.
Videos shall not exceed two (2) minutes in length and should tell all or an aspect of your story.
The photograph must, to the extent possible, be of Qualified Entrant alone with no other human subjects; videos do not have this limitation.
Qualified Entrant must own the rights to all photographs, videos and “Your Story” content submitted as part of the Contest Entry and Qualified Entrant 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. The photograph and video may not be retouched, enhanced, or modified in any way from the originals. “Your Story” content must be original to the Qualified Entrant and must not be in any way copied, plagiarized, or taken from any other work. Sponsor reserves the right to disqualify any Entry that includes photographs, videos, stories or other materials that are deemed, at Sponsor's sole discretion, to violate the rules of this contest or 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 or fitness or health transformation is, in whole or in part, the result 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 transformation is not at least substantially related to the use of Beachbody Program(s), supplements or other nutritional products may be disqualified, in Sponsor’s sole and absolute discretion.
Submission Timeframe. At the conclusion of each Monthly Contest Period, there will be a three-day entry submission period as defined in Section 4. All submissions are due by the end of the third day of the month following the Monthly Contest Period end (11:59 pm PT). EXAMPLE—For the Monthly Contest Period of May, all entries are due between June 1 and 3. The Sponsor reserves the right to change the Submission Timeframe to accommodate for any issues they feel will impact the quality and integrity of the Contest.
Entry Limits. Limit one (1) Entry per individual during any Monthly Contest Period.
5. Voting. Voting will begin on the 4th day of the month and last until the 11:59 pm PT on the 7th day of the month following the start of the Monthly Contest Period (“Voting Period”). Qualified Entrant photographs, videos and stories will not be visible until the start of the Voting Period. Once voting is open, anyone can view the voting page and cast a vote. Each person is limited to one vote per contest period, which will be verified by IP address. Entrants are not allowed to vote for themselves, vote more than once, or encourage others to vote more than once. Sponsor reserves the right to disqualify any votes if suspected to violate these voting guidelines. The Sponsor reserves the right to change the Voting Period to accommodate for any issues they feel will impact the quality and integrity of the Contest.
6. Winner Announcement; Notification; Requirements. Within the first 10 days following the conclusion of each Monthly Contest Period, the Sponsor will complete the verification process to determine that all Potential Winners were Qualified Entrants.
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 Qualified Entrant is not a winner of any prize unless and until eligibility has been verified and contestant or personally sponsoring Team Beachbody Coach has been notified that verification is complete. Prizes will be awarded within ten (10) days after the end of the Voting Period.
Sponsor will announce the Verified Winners for that Contest via Sponsor’s official websites, Facebook, Instagram, and Twitter pages, as well as email to the appropriate parties (Entrants and their Coaches). Sponsor reserves the right to announce the Verified Winners at earlier or later dates. Qualified Entrant acknowledges and grants Sponsor the ability in its sole discretion to announce Verified Winner names and any other identifiable information on its Facebook page, Instagram page, Twitter page, websites, or in any other form of public communication.
8. Release. By participating in the Contest in any way, uploading or making any Entry for consideration, or taking receipt of or using any prize that may be awarded, Entrant agrees to release and hold harmless Sponsor, Ward5000 Enterprises, Inc. (DBA “The Fit Club Network”), and their respective subsidiaries, affiliates, coaches, customers, suppliers, distributors, advertising/promotion agencies, 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 a Qualified Entrant's Entry for voting or otherwise, and/or receipt or use or misuse of any prize that may be awarded.
9. Qualified Entrant's Content; License. By uploading or submitting any Entry, including any information, text, images, audio, video and any other content (“Content”) and otherwise entering the Contest, the Entrant represents that (a) the Entry and Content is truthful, original, 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) Entrant owns or has the necessary licenses, rights, consents and permissions to use and allow the use of the Entry and Content, including any and all patent, trademark, publicity, privacy, moral, trade secret, copyright, and/or other proprietary rights therein, and (c) Entrant has the written consent, release, and/or permission of each and every identifiable person in the Entry and Content to use such person’s name or likeness in the Entry and Content for the uses contemplated herein. Entrant represents that nothing in Entry or Content has been copied from any third party.
Further, by making or submitting any Entry and Content, Entrant expressly grants the Released Parties a perpetual, worldwide, royalty-free, sub-licensable, 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 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 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 any website or webpage owned, operated by or related to Sponsor. Entrant grants Sponsor the right and license to use the Entry and Content and all aspects thereof, as set forth herein, in any way Sponsor determines whether with or without providing any attribution or compensation to Entrant, except where prohibited by law. Notwithstanding the foregoing, Entrant expressly acknowledges and agrees that nothing herein shall require Sponsor to utilize any portion of submitted Content. Entrant agrees 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 Content.
11. General Conditions. Winning or accepting any prize that may be awarded in the Contest is contingent upon 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 Entrant’s sole obligation. Winners are solely responsible for any and all state, local, and federal taxes and subject to all applicable federal, state, and local laws and regulations. Void in any country outside of the United States of America and Canada, and where prohibited by law. The submitting of an Entry confirms a Qualified Entrant's full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein. Sponsor reserves the right to cancel, suspend, and/or modify the Contest and/or extend or delay the submission periods, judging periods, winner announcements or any part of thereof for any reason, 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. 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 the Contest 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.
12. Limitations of Liability. Entrant recognizes and agrees that the Released Parties are not responsible for: (1) any injury to Entrant 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 the Submission Materials; (2) any incorrect or inaccurate information, whether caused by Entrant or another entrant, 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, ENTRANT AGREES 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. ENTRANT AGREES 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.
13. Disputes (Good Faith Resolution of Disputes, Binding Individual Arbitration, and Waiver of Class Actions and Class Arbitrations). For purposes of this Section, “Dispute” shall mean any dispute, claim, or action between Entrant and Sponsor arising under or relating to the Contest, 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.
In the event of a Dispute, Qualified Entrant or Sponsor 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 Sponsor must be addressed to: Ward5000 Enterprises, Inc., 420 C Ave, Coronado, CA 92118 (the “Sponsor Notice Address”). The Dispute Notice to an Entrant will initially be delivered via email, then sent by certified mail to the address provided by Entrant in original email. If Sponsor and Entrant do not reach an agreement to resolve the Dispute within sixty (60) days after the Dispute Notice is received, Entrant or Sponsor may commence an arbitration proceeding pursuant to this section.
Following submission and receipt of the Dispute Notice, Sponsor and Entrant agree to act in good faith to seek to resolve the Dispute before commencing arbitration.
In the event Entrant and Sponsor do not reach an agreement to resolve the Dispute as stated in the preceding paragraph, Entrant and Sponsor further agree: (a) to arbitrate all Disputes between the parties pursuant to the provisions in the Agreement; (b) the Agreement memorializes a transaction in interstate commerce; (c) the Federal Arbitration Act (9 U.S.C. §1, et seq.) governs the interpretation and enforcement of this Section; and (d) this Section shall survive termination of the Agreement. ARBITRATION MEANS THAT QUALIFIED ENTRANT WAIVES THE RIGHT TO A JUDGE OR JURY IN A COURT PROCEEDING AND GROUNDS FOR APPEAL ARE LIMITED. The arbitrator may award Entrant 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.
Notwithstanding the foregoing, Entrant 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. WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. QUALIFIED ENTRANT AND SPONSOR 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.
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 https://www.jamsadr.com or by calling 1-800-352-5267), and under the rules set forth in this Section, 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 this Section, the rules set forth in this Section shall govern. Qualified Entrant may, in arbitration, seek any and all remedies otherwise available to Entrant 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 the Agreement. 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 the Agreement, including, but not limited to, any claim that all or any part of the Agreement is void or voidable. Notwithstanding this broad delegation of authority to the arbitrator, a court must determine the limited question of whether a claim or cause of action is for: (a) trade secret misappropriation; (b) patent infringement; (c) copyright infringement or misuse; (d) trademark infringement or dilution; (e) any injunctive, equitable or declaratory relief sought by Sponsor against Entrant to enforce any terms or requirements in the Agreement; and (f) any indemnification obligations owing from a Coach to Sponsor under the Agreement or otherwise which are excluded from the definition of “Disputes.” 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. Qualified Entrant 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 Los Angeles County, California, at your option.
If either Entrant or Sponsor decide to arbitrate a Dispute, they 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. Entrant can find a copy of a Demand for Arbitration at https://www.jamsadr.com (“Demand for Arbitration”). Send three copies of the Demand for Arbitration, plus the appropriate filing fee, to: JAMS 707 Wilshire Blvd 46th Floor Los Angeles, CA 90017, U.S.A. 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 Sponsor or Entrant shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which Entrant or Sponsor is entitled. The discovery or exchange of non-privileged information relevant to the Dispute may be allowed during the arbitration.
- Arbitration Fees. Sponsor shall pay, or (if applicable) reimburse Qualified Entrant for, all JAMS filing, administration, and arbitrator fees for any arbitration commenced (by Entrant or Sponsor) pursuant to provisions of the Agreement. (d) Opt-out. Entrant may elect to opt-out themselves from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this Section by sending a written letter to the Sponsor Notice Address within thirty (30) days of your Entry which includes: (i) Entrant name and provided Coach ID number, (ii) Entrant mailing address, and (iii) Entrants 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 Entrant opts-out consistent with the procedure set forth above, all other terms shall continue to apply, including the requirement to provide notice prior to arbitration.
- Notwithstanding any provision in this Agreement to the contrary, Entrant and Sponsor agree that if Sponsor makes any future amendments to the dispute resolution procedure and class action waiver provisions (other than a change to Sponsor’s address) in this Section, Sponsor will obtain Entrant's affirmative assent to the applicable amendment. If Entrant does not affirmatively assent to the applicable amendment, they are agreeing to arbitrate any Dispute in accordance with the language of this Section.
- If any provision in this section is found to be unenforceable, that provision shall be severed with the remainder of this Agreement 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 Policies and Procedures.
- Sponsor and Entrant agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Agreement (other than an individual action filed in small claims court) shall be filed only in the Superior Court of San Diego County, California, or the United States District Court for the Southern District of California, and each party hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts for any such controversy. The terms of this Section 8.4 shall otherwise survive any termination of these Policies and Procedures.
The Healthy Bod Challenge weight loss transformation contest is sponsored by Ward5000 Enterprises Inc. DBA The Fit Club Network. Open only to coaches or registered customers of a coach within the team of coaches commonly known as The Fit Club Network who are legal residents of the U.S. and Canada of at least 18 years of age at the time of entry. Void where prohibited. Submission period opens September 1, 2019 at 12:00 a.m. PST and closes September 3, 2019 at 11:59 p.m. PST. All prize values are in US dollars, and cash prizes will be awarded in US dollars. For full details, please click on the Rules and Prizes link above. We reserve the right to withhold prizes from anyone who isn’t in compliance with the rules.
Exercise and proper diet are necessary to achieve and maintain weight loss and muscle definition. Consult your physician and follow all safety instructions before beginning any exercise program or using any supplement or meal replacement product.