Ideal You “Bubba’s Bahamas Body Fat Buster” Weight Loss Challenge
Official Challenge Rules
A complete copy of these rules can be obtained at the office of the Cumulus radio station identified below (the “Station”), during normal business hours Monday through Friday or by sending a self-addressed, stamped envelope to a Station at the address provided below.
Participating Cumulus Radio Station:
WWWW-FM, 1100 Victors Way, Suite 100, Ann Arbor, MI 48108, www.w4country.com
The Station and Ideal You Michigan, LLC (“Ideal You”) (collectively, “Sponsor”) will conduct the Ideal You “Bubba’s Bahamas Body Fat Buster” Weight Loss Challenge (the “Challenge”) substantially as described in these rules, and by participating, each participant agrees as follows:
- No purchase is necessary. Void where prohibited. All federal, state, and local regulations apply.
- Eligibility. Challenge is open only to legal U.S. residents age 21 or older with a valid Social Security number at the time of entry. Employees, agents, representatives, or affiliates of the Station, Cumulus Media Inc., Cumulus Broadcasting LLC, Ideal You Michigan LLC, participating sponsors, other radio stations, television stations and print advertising companies serving the metro area, and their immediate family members and household members are not eligible to participate. The term “immediate family members” includes spouses, parents, siblings, grandparents, children, grandchildren and cohabiting significant others.
- Challenge Period. Entries to participate in the Challenge will be accepted beginning at 12:00p.m. ET on April 2, 2019, and all entries must be received by 11:59p.m. ET on Sunday, April 14, 2019 (“Entry Period”). The Challenge will begin at 7:00a.m. ET on Wednesday, April 24, 2019 and will run through 7a.m. ET on Monday, June 3, 2019. The Challenge is a forty-one (41)-day weight loss competition using the Ideal You Weight Loss system. Ideal You is a doctor-supervised program staffed with trained weight loss coaches.
- How to Enter. To participate in the Challenge, during the Entry Period, log on to the Station’s website at the address set forth above, click the “Bubba’s Bahamas Body Fat Buster” graphic, and complete an entry form explaining why you should be selected to participate in the “Bubba’s Bahamas Body Fat Buster” Challenge. Entries must include entrant’s name, address, email address, daytime phone number, date of birth, current height and weight, the amount of weight you seek to lose, and a small description of why you think you should be included in the Challenge. Entries should convey the entrant’s commitment and motivation to lose weight. All entrants must agree to weigh in weekly at a date and time determined by the Station if they are selected as Contest Participant. Entries will be accepted beginning at 12:00p.m. ET on April 2, 2019, and all entries must be received by 11:59p.m. ET on Sunday, April 14, 2019. Limit one (1) entry per person. Any attempt by any entrant to submit more than one (1) entry by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entry and the entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. Station is not responsible for lost, late, incomplete, invalid, unintelligible, inappropriate or misdirected entries, all of which will be disqualified. Submissions from a third party will not be accepted. In the event of a dispute as to any entry, the authorized account holder of the email address used to register will be deemed to be the participant. The “authorized account holder” is the natural person assigned the telephone number by the wireless carrier or an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Entrants may be required to show proof of being the authorized account holder and/or owner of the entry. All entries become the sole and exclusive property of Station and will not be returned. Station reserves the right to contact entrants and all other individuals whose email address is submitted as part of this promotion. No mail-in entries will be accepted.
- Finalist Selection. During the week of April 15-19, 2019, the Finalist Selection process will take place. Beginning April 15, 2019, Station will select five (5) entrants to serve as Challenge finalists (“Finalists”) in a random drawing from among all valid entries received by the Station during the Entry Period. Ideal You will review the selected Finalists and determine, in its sole and exclusive discretion, that the final (5) Finalists are qualified to participate in the Challenge. Eligible Finalists will be contacted by telephone by 10:00am ET on Tuesday, April 16, 2019 and will have until 10:00am ET on Wednesday April 17, 2019 to confirm they agree to enter the Challenge as a Finalist. An agreed upon date and time for the initial interview and evaluation done by Ideal You at the Station will be set. Finalists will be required to provide Ideal You with certain personal information to confirm their safe and healthy participation in the Challenge, including all currently prescribed medications/dosages. Finalists will be required to certify in writing that they have consulted with a qualified health care professional regarding their participation in the Challenge and that they have not been advised against participating in the Challenge by such health care professional.
Certain health requirements are necessary to participate as a Finalist in the Challenge.
* Body Mass Index (BMI): To avoid unsafe outcomes, Finalists’ starting weight must be such that if they were to lose 10%, their BMI would not drop below 18.5 (considered underweight by the US National Institute of Health). Finalists will be asked to provide your their height during the initial verified weigh-in so Ideal You can calculate the Finalist’s BMI.
* Finalists must lose weight by doing the Ideal You Weight Loss system.
* Finalists may not use steroids, enhancement drugs, or medications unless prescribed by a doctor to treat an existing condition.
* Finalists who become pregnant during the Challenge will not eligible to participate.
* Each Finalist is fully responsible for any injury, harm, or loss while participating in the Challenge.
* Completion of the weigh-in process and reading and agreeing to all the rules and regulations.
* Finalists must do the following: body weight measured on the official scales, blood pressure taken, and waist measured on April 24, 2019, May 1, 2019, May 8, 2019, May 15, 2019, May 22, 2019, May 29, 2019, and June 3, 2019 at a location designated by Sponsor.
*Finalists agree to allow Ideal You and the Station to track their progress, and broadcast their results and photos on air and online. Participants may be asked to discuss their experience live on the air.
* Failure to adhere to the Challenge requirements may result in disqualification.
* It is highly recommended that Finalists consult with a physician or health care provider before starting any fitness program. The Sponsor cannot be held liable for any harm, injury, or unknown pre-existing conditions that present during Challenge.
In exchange for being allowed to participate in the Challenge, Finalists will be required to sign an assumption of risk and liability waiver and release agreement in favor of Station and Ideal You. Ideal You will determine, in its sole and exclusive discretion, the final (5) Finalists are able to participate in the Challenge. If an entrant is unable to be reached by the Station or fails or refuses to provide the requested information or documents, the entrant will be disqualified from participating in the Challenge and another entrant will be selected by the Station for eligibility consultation, and this process will continue until five (5) eligible and qualified Finalists are selected. Finalists will not be officially named until the interview and evaluation is complete and a representative from Ideal You determines the program is safe for each entrant.
- On Wednesday, April 24, 2019, Station will announce on-air the Challenge Finalists selected by Ideal You. Challenge Finalists will be required to come to the Station for an official “initial weigh-in” at the Station’s studio at 7:00am ET on April 24, 2019. This initial weigh-in will be monitored by Ideal You representatives and will determine each Finalist’s starting weight for purposes of the Challenge. Finalists are expected to weigh-in at 7:00a.m. ET and participate in an on-air interview at 7:40a.m. ET every Wednesday during the Challenge.
The Finalists will receive the Prize (as defined below) and will participate in a forty-one (41) day, Ideal You-sponsored weight loss program from April 24, 2019 through June 3 , 2019 (the “Challenge Period”).Finalists will receive daily communication assistance from Ideal You staff through their coaching support text system, as well as regularly scheduled body compositions, and follow-up for weight loss maintenance. Ideal You reviews Finalists’ progress throughout the program and adjusts the program as needed so participants can get maximum results. Finalists will receive personalized organic supplements based on their individual health needs to assist their bodies to burn storage fat.
Finalists may elect to stop participating in the Challenge at any time and for any reason by notifying an Ideal You or Station representative, at which point they will be eliminated from further participation in the Challenge, will be required to return any and all unused Ideal You products will not be eligible to receive the Challenge Grand Prize (as defined below). Ideal You and/or the Station may eliminate a Finalist at any time from further participation in the Challenge for failure to satisfy the obligations set forth in these Challenge Rules or for any other reason in their sole discretion. Eliminated Challenge Finalists will not be replaced.
- Challenge Winner Determination. On Monday, June 3, 2019, Finalists will be required to participate in an official “Final Weigh-in” at the Station’s studio. The Final Weigh-in will be monitored by Ideal You representatives and will determine each Finalist’s final weight for purposes of the Challenge. Using each Finalist’s initial and final weigh-in totals, Ideal You will calculate the percentage of total body weight lost by each Finalist during the Challenge Period by dividing the total amount of pounds lost by the Finalist’s initial weight by (e.g., initial weight 200lbs; final weight 160lbs.; total weight loss 40lbs; 40lbs/200lbs = 20% loss of body weight). The Finalist achieving the highest percentage of total body weight lost will be deemed the Challenge Winner. THE ELIGIBILITY OF THE POTENTIAL CHALLENGE WINNER IS SUBJECT TO VERIFICATION BY SPONSOR WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CHALLENGE. The potential winner must continue to comply with all terms and conditions of these Official Challenge Rules, and winning is contingent upon fulfilling all requirements. If it is determined that the Challenge Winner is not eligible to receive the Challenge Prize in the sole judgment and discretion of Station and Ideal You, the Finalist with the second highest percentage of total body weight lost will be declared the Challenge Winner, and this process will continue on until such time as an eligible Finalist is determined. In the unlikely event that no Finalists are found to meet the specifications, then the Challenge Prize will go un-awarded. In the event of a tie, the Challenge Winner will be determined by random drawing conducted by the Station.
On Monday, June 3, 2019, Ideal You will announce the Challenge Winner live over the air on the Station. Finalists will be required to participate in the live announcement in person after the Final Weigh-in.
- Up to five (5) Prizes are awarded in this Challenge. Each Prize is a forty-one (41) day, Ideal You-sponsored weight loss program. ARV Two Thousand Four Hundred Dollars ($2,400). One (1) Grand Prize will be awarded. The Challenge Grand Prize will consist of a travel certificate from Royal Carribean International. ARV Nine Hundred Thirty Four Dollars ($934). ll prizes are awarded by Ideal You and awarded “as is.” There is no substitution, transfer, or cash equivalent for the Challenge Prize, except that the Station may, at its sole discretion and to the extent permitted by law, substitute prizes of comparable value or cash. The prizes are expressly limited to the item(s) listed above and do not include taxes, gratuities or any other expenses. Any tickets and/or gift certificates/cards awarded as part of a prize will be subject to the terms and conditions set forth by the issuer and are valid only on the date(s) printed on the tickets or gift certificates/cards. Prizes are nontransferable and cannot be exchanged or sold. Other restrictions may apply.
Prizes must be claimed in person from Ideal You at the Station at the address identified above during regular business hours and within ten (10) business days of winning, excluding holidays. After such time, ownership of said prize reverts back to the Station to be disposed of at its discretion. The winner then loses all claims and rights to said prize. Proper identification must be presented by any winner to claim prize. As a condition to receiving the prize, any potential winner must complete and sign a Winner’s Affidavit and Release, releasing Ideal You, the Stations, their affiliates, members, directors, officers, and employees from all liability in connection with winner’s participation in the Challenge and acceptance, use, or non-use of the Prize.
- All State, Local, Federal and or other taxes, duties, tariffs, title fees, licensing fees, or other fees for prizes awarded become the sole responsibility of the Challenge Winner. Ideal You will issue Challenge Winner an IRS Form 1099 to report their winnings.
- Entry Conditions and Release. By entering, each entrant and Finalist agrees to: (a) comply with and be bound by these Official Challenge Rules and the decisions of Sponsor, which are binding and final in all matters relating to this Challenge; (b) release and hold harmless Ideal You, the Stations, their parent and subsidiary and related companies, and their respective affiliates, members, directors, officers, employees, agents and representatives, participating sponsors, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Challenge, and each of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Challenge and/or by the acceptance and use, misuse or non-use of any products or services provided or received in connection with the Challenge (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees) arising out of or relating to an entrant’s participation in the Challenge and/or entrant’s acceptance, use, non-use or misuse of the prize. The Station and Ideal You reserve the right to limit the number of times an individual may enter a contest or drawing. The Stations and Ideal You reserve the right to require entrants to be present at drawings to win the prize. Odds of winning depend on a number of factors including the number of eligible entries received.
- Finalists acknowledge and agree that the Sponsors are not qualified health care professionals and their activities in conjunction with the Challenge are not intended to be a substitute for informed medical advice or care, nor should any information received from the Challenge Sponsors during the Challenge be used to diagnose or treat any health problems or illnesses without first consulting a qualified health care professional. Finalists further understand and acknowledge that Ideal You products have not been evaluated by the Food and Drug Administration are not intended to diagnose, treat, cure or prevent any disease.
- Limitations of Liability. The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Station, entrants, printing errors or by any of the equipment or programming associated with or utilized in the Challenge; (2) technical failures of any kind, including but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Challenge; (4) technical or human error which may occur in the administration of the Challenge or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Challenge or receipt or use, non-use or misuse of any prize. No more than the stated number of prizes will be awarded.
- Disputes. Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Challenge, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (ii) any and all disputes, claims and causes of action arising out of or connected with this Challenge, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate state court located in the Station’s listening area; (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Challenge, but in no event attorneys’ fees; and (iv) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Station in connection with the Challenge, shall be governed by, and construed in accordance with, the laws of the state in which the Station is located, without giving effect to any choice of law or conflict of law rules (whether of the state in which the Station is located or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state in which the Station is located.
- Entrant’s Personal Information All entry forms, devices, and materials gathered during the course of entry or during the Challenge Period, as well as all information contained on or within, shall become the sole property of Ideal You and the Station to be used, disposed of or destroyed in their sole discretion. Neither Ideal You nor the Station shall be responsible for any incorrect or inaccurate information entered by website users, and they assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the Station’s website.
- All entrants and Finalists agree to give the Station and Ideal You, their licensees, affiliates, successors, and assigns the irrevocable and unrestricted right to use, re-use, broadcast, or publish their name, city of residence, photo, video tape, film or any other likeness, including portraits and pictures, in whole or in part, as part of a composite, retouched or distorted in character or form, their voice, recorded or live, and any and all written materials, including emails and blogs, provided to the Stations and Ideal You as part of the Challenge, in hard copy, electronic format or otherwise (collectively, “Challenge Materials”), for any reason the Stations and Ideal You deem necessary without compensation, unless prohibited by law. All entrants and Finalists release, discharge, and agree to save harmless the Stations and Ideal You, their parent and subsidiary companies, affiliates, members, directors, officers, employees, agents and representatives from any and all claims they may have against the Stations and/or Ideal You in connection with the taking, production, and/or the use of the Challenge Materials. All entrants and Finalists further acknowledge that the Stations and Ideal You own or will own exclusively all Challenge Materials, including the copyrights in them, regardless of the form in which they have been or may be produced and used, and all entrants and Finalists assign all such ownership rights to the Stations and Ideal You.
- General Conditions. By participating in the Challenge, entrants and Finalists agree to be bound by the decisions of all Ideal You and Station representatives. Persons who violate any rule, gain unfair advantage in participating in the Challenge, or obtain Finalist status using fraudulent means will be disqualified. Unsportsmanlike, disruptive, annoying, harassing or threatening behavior is prohibited. All entrants and Finalists agree to refrain from disparaging remarks about other entrants, Finalists, Ideal You, or Station, including on social media (Facebook, Twitter, etc.). The Station reserves the right to the use of disciplinary actions, up to banning participation in current and future promotions. All entrants, Finalists and their families will conduct themselves in an appropriate manner at all times. If conduct is deemed inappropriate by Station or Ideal You, in their sole and exclusive discretion, entrants and/or Finalists will be disqualified. The Station and Ideal You will interpret these rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the Challenge and the decisions of the Station sand Ideal You concerning such disputes shall be final. If the conduct or outcome of the Challenge is affected by human error, any mechanical malfunctions or failures of any kind, intentional interference or any event beyond the control of the Station or Ideal You, the Station and Ideal You reserve the right to terminate the Challenge, or make such other decisions regarding the administration or outcome as the Station and Ideal You deem appropriate. All decisions will be made by the Station and Ideal You are final. The Station and Ideal You may waive any of these rules in its sole discretion. ANY ATTEMPT BY AN ENTRANT, FINALIST, OR ANY OTHER INDIVIDUAL TO DELIBERATELY CIRCUMVENT, DISRUPT OR DAMAGE ORDINARY AND NORMAL OPERATION OF THIS CHALLENGE, TELEPHONE SYSTEMS OR WEBSITES, OR UNDERMINE THE LEGITIMATE OPERATION OF THE CHALLENGE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE STATION AND IDEAL YOU RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
- Challenge Results. A winners list may be obtained within thirty (30) days after the Challenge Period expires by sending a self-addressed stamped envelope to the Station identified above.