Leader Search 2020 Terms and Conditions
BALANCE ATHLETICA ATHLETE SEARCH
CONTEST RULES AND REGULATIONS
The Balance Athletica Athlete Search Contest (the “Contest”) is subject to these Athlete Search Official Rules (“Official Rules”), which are binding and final on matters relating to the Contest, except as expressly stated otherwise. No purchase necessary to enter or win. A purchase does not increase the chances of winning. Participation in the Contest constitutes your agreement to be bound by these Official Rules. The Contest is sponsored by Balance Athletica, LLC, a Colorado limited liability company (the “Sponsor”).
1. Eligibility. This Contest is open only to those who sign up at www.balanceathletica.com/pages/leadersearch2020 (the “Contest URL”) and who are 18 years of age or older as of the date of entry. The Contest is void where prohibited by law. Sponsor, its employees, contractors, affiliates, subsidiaries, advertising and promotion agencies, and suppliers, and immediate family members and/or those living in the same household of employees are not eligible to participate in the Contest. The Contest is subject to all applicable federal, state, and local laws and regulations.
2. How to Enter. Online Submissions only. To enter the Contest, on or before the expiration of the Contest Period you must: submit the link to your YouTube video, along with your name, email address, state and country of residence, and social media handle at the Contest URL. The entry must fulfill all Submission Requirements, as specified, to be eligible to win a prize. Submissions that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of the Sponsor. You may enter only once and must provide all of the information requested. You may not enter more times than indicated by using multiple email addresses, social media accounts, identities, or devices in attempt to circumvent the rules. If you use fraudulent methods or otherwise attempts to circumvent the Official Rules, your Submission may be removed from eligibility at the sole discretion of the Sponsor.
3. Submission Requirements. To enter you must adhere to all of the following terms and conditions (collectively, the “Submission Requirements”):
a. Create a video in English explaining what Balance means to you, how you live a balanced lifestyle, and why you want to be part of the Balance team. Upload this video to YouTube.
b. Include #BalanceLeaderSearch2020 in your caption.
c. Include “#contest” in your caption.
d. Submissions must be submitted according to the How to Enter section and be directly accessible by Sponsor.
e. Submissions must include original content only.
f. Submissions may not contain personal attacks on anyone or on any discernible product, including competitor products.
g. Submissions may not depict nudity, animal cruelty, any illegal activity or substance, or any other offensive or obscene subject matter as determined in Sponsor’s sole discretion.
h. Submissions shall not portray Sponsor in a negative light.
i. Submissions must be appropriate for a broad audience.
j. Submissions may not feature any trademarks (including logos) other than those owned by Sponsor.
k. Submissions shall not include music, unless that music is an original composition or that you have the right to use.
l. Submissions shall not include images that feature identifiable people unless the identifiable people are you, your immediate family members, or you have their permission.
m. Submissions must be original pieces, achieved/created by the person who submits the entry. Entrants may not copy or otherwise plagiarize Submissions from any source, nor may Submissions include third-party copyrighted material or artwork without the copyright holder’s permission. By entering, you warrant that your Submission does not infringe any third party’s rights, and that you have obtained any necessary permissions from all relevant third parties to submit the Submission. You hereby agree to indemnify and defend Sponsor against any and all claims from any third party for any use by Sponsor of the Submission.
n. Although Sponsor is not reviewing Submissions for copyright violations, if, in the sole discretion of Sponsor, it is believed your submission constitutes or may constitute copyright infringement, the Submission will be disqualified.
o. Sponsor may require verifications of Submissions through a procedure solely determined by Sponsor in its sole discretion.
p. Sponsor reserves the right to exclude any Submission that it believes, in its sole discretion, doesn’t meet this criteria or otherwise violates these Official Rules, and to delete or otherwise remove any such Submission from any and all location(s) under Sponsor’s control.
4. Agreement to Rules. By participating in the Contest, you agree to be fully and unconditionally bound by these Rules. You represent and warrant that you meets the eligibility requirements. In addition, you agree to accept the decisions of the Sponsor as final and binding as it relates to the content of this Contest.
5. Contest Period. Entries will be accepted online starting on February 14, 2020. All online entries must be received by February 28, 2020 at 11:59pm MST (the “Contest Period”).
6. Disclosure. In connection with the Submission, you shall disclose your participation in the Contest on your social media posts in compliance with guidelines set forth by the Federal Trade Commission (“FTC”). Such disclosure requires both (i) disclosure of the your participation in the Contest in any postings that mention the Sponsor’s products on social media for the purpose of entering in the Contest, and (ii) that such disclosures are “clear and conspicuous” within the social media posting itself. In connection with (i) above, the disclosure of the your participation must be disclosed early and visibly in the social media caption (so consumers do not have to click “view more” or other, similar options), and consumers should not be required to click on a link in order to find such disclosure.
7. Prizes. The prize winner(s) of the Contest (individually the “Winner” or collectively the “Winners”) will be eligible to become a Balance leader (the “Prize”). Finalists will be chosen to fly to Denver, Colorado for a weekend experience with Sponsor and its team. Finalists may be eligible to become Balance affiliates. Actual/ appraised value of the Prizes may differ at the time of award. The specifics of the Prize shall be solely determined by the Sponsor. No cash or other prize substitution shall be permitted except at the Sponsor’s discretion. The Prize is nontransferable. Any and all Prize-related expenses, including without limitation any and all federal, state and local taxes, shall be the sole responsibility of the Winner. No substitution of Prize or transfer/assignment of Prize to others or request for the cash equivalent by Winner is permitted. Except where prohibited by law, acceptance of Prize constitutes permission for the Sponsor to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation.
8. Odds. The odds of winning depend on the number of eligible entries received.
9. Winner Selection and Notification. All submissions will be prescreened to ensure compliance with the Submission Requirements and with Sponsor’s general standards and practices prior to any judging (“Qualified Submissions”). All Qualified Submissions will be reviewed and scored by a panel of qualified judges. The Qualified Submissions will be graded on the following criteria: (a) best body positivity (20%), (b) ability to increase social media following through unique, innovative, and creative social media posts) (40%), (c) ability to motivate and inspire and influence their social media followers through inspiring, motivational, educational, and/or humorous social media posts (40%). At the end of the Contest Period, the highest scoring Qualified Submissions received during the Contest Period will be deemed the potential Winners. Winners are subject to an interview process before any prizes are awarded. Winner will be notified by email, or social media message as selected at the Sponsor’s sole discretion within three (3) days following the selection of Winner. Sponsor shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If Winner cannot be contacted, is ineligible, fails to claim Prize within three (3) days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the Prize may be forfeited. In such cases, Sponsor may select the next highest scoring entry from among the remaining Qualified Submissions as an alternate potential Winner. Receipt by Winner of the Prize offered in this Contest is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT SPONSOR’S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CONTEST, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
10. Rights Granted by You. By entering this Contest, you understand and agree that Sponsor, anyone acting on behalf of Sponsor, and Sponsor’s licensees, successors and assigns, shall have the right, where permitted by law to print, publish, broadcast, distribute, and use in any medium now known or hereafter developed, in perpetuity and throughout the World, without limitation, your Submission, name, portrait, picture, voice, likeness, image, statements about the Contest, and biographical information for purposes including but not limited to news, publicity, information, trade, advertising, public relations, and promotional purposes without any further compensation, notice, review, or consent. By entering this Contest, you represent and warrant that your entry is an original work of authorship and does not violate any third party’s proprietary or intellectual property rights. If your entry is claimed to constitute infringement of any proprietary or intellectual property rights of any third party, you shall, at your sole expense, indemnify, defend and hold harmless the Sponsor from and against any suit, proceeding, claims, liability, loss, damage, cost or expense which Sponsor many incur, suffer or be required to pay arising out of such infringement or alleged infringement of any third party’s rights.
11. Intellectual Property Rights. No license or other right of any kind is granted by the Sponsor to the you, except as expressly provided in these Terms. You shall not use the Sponsor’s copyrights, trademarks, trade names, or other intellectual property in any way except to the limited extent as may be expressly agreed in these Terms. Notwithstanding the foregoing, you shall have a limited license to use the Sponsor’s copyrights, trademarks, trade names, and other intellectual property during the Contest Period and solely for use in connection with the Submission Requirements and this Contest. You give the Sponsor the irrevocable, sub-licensable, free of charge, worldwide, absolute right and permission to use, publish, post or display your name, photograph, likeness, voice, entry information, biographical information, any quotes attributable to him or her, and any other indicia of persona (regardless of whether altered, changed, modified, edited, used alone, or used with other material in the Sponsor’s sole discretion) for advertising, trade, promotional and publicity purposes without further obligation or compensation of any kind to him or her, anywhere worldwide, in any medium now known or hereafter discovered or devised (including without limitation, on the internet) without any limitation of time and without notice, review or approval, and each entrant releases the Sponsor from any and all liability related to such authorized uses. Nothing contained in these Official Rules obligates the Sponsor to make use of any of the rights granted herein and each entrant waives any right to inspect or approve any such use.
12. Additional Terms & Conditions. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Contest should virus, bug, non-authorized human intervention, fraud or other cause beyond Sponsor’s control corrupt or affect the administration, security, fairness or proper conduct of the Contest. In such case, Sponsor may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Contest or website or violates these Official Rules. Sponsor has the right, in its sole discretion, to maintain the integrity of the Contest, to void votes for any reason, including, but not limited to: multiple entries from the same user; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by you to deliberately damage any website or undermine the legitimate operation of the Contest may be a violation of criminal and civil laws. Should such attempt be made, Sponsor reserves the right to seek damages to the fullest extent permitted by law. The Sponsor reserves the right to interpret these rules and, if necessary, to amend the rules at its sole discretion and without notice to individual contestants. Any amendments to the rules or changes in prizes will be published online at the Contest URL Rule interpretations and all judging decisions are final.
13. Release of Sponsor. By entering, you agree to release and hold harmless Sponsor and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not from : (i) your participation in the Contest and/or your acceptance, possession, use or misuse of any Prize or any portion thereof; (ii) technical failures of any kind resulting for your Submission, including but not limited to the malfunction of any computer, cable, network, hardware, or software or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or internet service; or (iv) unauthorized human intervention in any part of the entry process or the Contest resulting from your act or omission.
14. Disputes. This Contest is governed by the laws of the United States and the State of Colorado, without respect to conflict of laws doctrines. As a condition of participating in this Contest, you agree that any and all disputes that cannot be resolved between the parties hereto, and causes of action arising out of or connected with this Contest, shall be resolved individually, without resort to any form of class action, exclusively before a court in Colorado having jurisdiction. Any action or proceeding by either of the Parties to enforce this Agreement shall be brought only in any state or federal court located in the State of Colorado. The Parties hereby irrevocably submit to the non-exclusive jurisdiction of these courts and waive the defense of inconvenient forum to the maintenance of any action or proceeding in such venue. Further, in any such dispute, under no circumstances shall you be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participants actual out-of-pocket expenses (i.e. costs associated with entering this Contest). You further waive all rights to have damages multiplied or increased.
16. Winners List. To obtain a copy of the Winner’s name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: Balance Athletica, LLC, ATTN: Contest Judge, 5100 E. Fox Street, Suite E, Denver, CO 80216. Requests must be received no later than March 5, 2020 at 5:00 pm MST.
17. Instagram. The Contest hosted by the Sponsor is in no way sponsored, endorsed, administered by or associated with Instagram or any of its subsidiaries or affiliates. You agree to release, indemnify, and hold harmless Instagram and its affiliates and subsidiaries with regard to any and all disputes, liability, litigation, claim or damage in connection with the Contest.
18. YouTube. The Contest hosted by the Sponsor is in no way sponsored, endorsed, administered by or associated with YouTube or any of its subsidiaries or affiliates. You agree to release, indemnify, and hold harmless Instagram and its affiliates and subsidiaries with regard to any and all disputes, liability, litigation, claim or damage in connection with the Contest. Submissions must comply with YouTube’s Community Guidelines. For more information regarding YouTube’s Community Guidelines, you can visit the following website: https://www.youtube.com/about/policies/#community-guidelines.