| 1. |
Participation. |
|
NO PURCHASE IS NECESSARY in order to participate and win. |
|
The 10% Club Contest (the “Contest”) is intended for those who can safely lose 10% or more of their body weight. Participants (“you”) should seek medical advice before beginning any diet or exercise program. You may not use weight loss supplements, laxatives, diuretics, metabolic enhancers, steroids, surgical procedures, or medications that could possibly affect the rate of weight loss, unless prescribed by a physician to treat a pre-existing medical condition unrelated to weight. Winners will be required to sign an affidavit of eligibility confirming their compliance with the foregoing.
|
| 2. |
Sponsor. |
|
Contest is sponsored by Melaleuca, Inc. (“Sponsor”). |
| 3. |
Eligibility. |
|
You must be a Melaleuca Preferred Customer, Marketing Executive or employee, reside within the U.S. or Canada (Contest excludes residents of Quebec, Puerto Rico, Jamaica, and the Virgin Islands), and be 18 years or older to be eligible to participate and win a prize. In order to qualify you must:
|
|
| - |
Log your starting weight as described in section 4 (How to Enter); |
| - |
Lose 10% or more of your body weight, based on your starting weight; and |
| - |
Be present when the winners are announced at Melaleuca’s Annual Convention 2008 in Salt Lake City, Utah (Melaleuca employees that are not assigned to attend Convention and/or the applicable General Session need not be present to win). |
| - |
Please note that Melaleuca employees will also participate in this contest; however, Melaleuca employees are not eligible to win the Grand Prize. The Contest is subject to all applicable federal, state, provincial, territorial, municipal, and local laws and regulations. Void outside the U.S. and Canada and where prohibited by law. By entering and/or by participating in the Contest, you fully and unconditionally agree to these 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.
|
|
| 4. |
How to Enter. |
|
In order to enter and be eligible to win, you must comply with the following: |
|
For Melaleuca Preferred Customers or Marketing Executives |
|
Entry: |
|
You will need to enter by completing the registration form located at www.vfl.com/10percentClub.asp, on or after April 1, 2008 but no later than July 31, 2008. |
|
Starting Weight: |
|
Your starting weight must be from one of the following sources: |
|
| a. |
Initial VFL.com weight (weight must have been entered prior to April 1, 2008), OR |
| b. |
Starting weight you entered for the Beat the Holiday Bulge 2006 contest, OR |
| c. |
Starting weight for the Just Lose It Contest 2007, OR |
| d. |
Starting weight for 10% Club Contest 2007, OR |
| e. |
Starting weight for the Healthy Holiday Incentive 2007, OR |
| f. |
Starting weight for the Just Lose It Contest 2008, OR |
| g. |
Current weight validated through 10% Club Starting Weight Validation Form signed by two Melaleuca Marketing Executives (Director or above), OR your doctor, OR a fitness instructor at local gym. (This form is available at www.vfl.com/10PercentClub.asp) |
|
|
If validating your starting weight using the 10% Starting Weight Validation Form, the form must be received by Melaleuca by August 8, 2008. Other forms of validation do not need to be resubmitted. |
|
Final Weight: Weigh in at Melaleuca’s Annual Convention 2008 as instructed. |
|
For Melaleuca Employees |
|
Idaho employees must register at the Fitness Center or at the Rexburg HR Office. Knoxville employees must email the Employee Registration Form to VFLTeam@Melaleuca.com. |
|
Starting Weight: |
|
Your starting weight must be from one of the following sources: |
|
| - |
Initial VFL.com weight (September 2006-March 2008), OR |
| - |
Previous employee contest in 2006 or 2007, OR |
| - |
10% Club Contest 2007 Starting Weight, OR |
| - |
Current weight: Idaho Falls employees must validate their current weight at the Fitness Center. Rexburg Employees must validate their weight through the Rexburg HR Office. Knoxville employees must verify through Knoxville HR. |
|
|
Final Weight: Weigh in at Melaleuca’s Annual Convention 2008 in Salt Lake City, Utah, the Fitness Center, the Rexburg HR Office, or the Knoxville HR Office. |
| 5. |
General Release. |
|
By entering or otherwise participating in this Contest, you expressly acknowledge and assume all risk of injury, harm, damage or loss of any kind arising from participation. You should consult with your healthcare provider before attempting to lose weight and before starting any new diet, exercise, nutrition, or supplementation program. You expressly release Sponsor and its subsidiaries and affiliates, and their respective shareholders, officers, directors, employees and agents (collectively, the “Sponsor Parties”), from any liability whatsoever, and waive any and all causes of action for any claims, costs, injuries, losses or damages of any kind arising out of or in connection with the Contest or acceptance, possession, or use of any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.
|
| 6. |
Use of Participant’s Name, Likeness, etc. |
|
By entering or otherwise participating in this Contest, you expressly agree and consent to Sponsor’s use of your name, “before and after” photos or other likenesses, testimonials, starting and ending weights, and all other information that you provide to Sponsor, for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of Sponsor, without further limitation, restriction or compensation, unless prohibited by law. The submission of the entry also constitutes permission for Sponsor to publish all aspects of your entry and participation in any and all media worldwide, known or unknown, without limitation or additional compensation to you, and to use the submitted information, including for purposes of marketing and promotion, subject to Sponsor’s privacy policies and to the extent permitted by law. You voluntarily transfer to Sponsor all right, title, and interest, including copyright, to any submitted materials. You hereby waive any and all privacy rights in and to your identifying information and body weight as may be provided under the Health Insurance Portability and Accountability Act of 1996 (HIPAA).
|
| 7. |
Selection of Winners. |
|
Those entries that meet eligibility requirements will be included in a random drawing for the prizes. Winners will be determined by random drawing from all accepted entries meeting eligibility requirements. Employees of Melaleuca are not eligible to win the Grand prize. Drawing will be held after the end of the Contest Period, and winners will be announced at Melaleuca’s August 2008 Convention. If you are not present to win, you forfeit all rights to any prizes; however, employees that are not assigned to attend Convention and/or the applicable General Session need not be present to win. All decisions of Sponsor are final and binding. Sponsor is not responsible for and shall not be liable for late, lost, misdirected, or unsuccessful efforts to notify winners. In no event will Sponsor be obligated to award more than the stated number of prizes. Potential winner must continue to comply with all terms and conditions of these Rules, and winning is contingent upon fulfilling all requirements. Sponsor may award additional prizes at its sole option and discretion.
|
|
Canadian entrants selected to receive a prize may be required to correctly answer, unaided, a time-limited, mathematical skill-testing question in order to be declared a winner.
|
| 8. |
Verification. |
|
All entries and winners are subject to verification at the sole discretion of Sponsor.
|
| 9. |
Contest Period. |
|
Contest begins on the date on which you entered a validated starting weight as outlined above in section 4 and ends on the date of weigh-in at Convention for all Participants.
|
| 10. |
Available Prizes/Approximate Retail Value/Odds of Winning. |
|
Odds of winning will be determined by the number of eligible entries. Grand prize winner (1 winner) will receive $25,000 U.S. towards the purchase of a personal vehicle. Cash will not be awarded for the Grand Prize. First Place prize winners (5 winners) will receive $3,000 U.S. to be used for a shopping spree at winner’s favorite retailer (Sponsor reserves the right to designate the retailer); Second Place prize winners (10 winners) will receive $500 U.S. to be used for a shopping spree at winner’s favorite retailer (Sponsor reserves the right to designate the retailer). Unless otherwise indicated, prizes will be awarded in the form of check, coupon, gift certificate, or cash.
|
|
Maximum prize value shall not exceed: $25,000 U.S. for the Grand Prize, $3,000 U.S. for each First Place prize, and $500 U.S. for each Second Place prize. Sponsor is not responsible for any taxes, costs, fees or expenses exceeding the maximum prize values. No alternative prize, cash, or other substitution is permitted except by Sponsor in its sole discretion in the event of prize unavailability. Prizes are nontransferable. All federal, state, provincial and/or local taxes and other costs, fees and/or expenses are the sole responsibility of the winner.
|
| 11. |
List of Winners. |
|
For a list of winners, send a self-addressed, stamped envelope before September 31, 2008 to 10% Club Contest, c/o Melaleuca, Inc., 3910 S. Yellowstone Highway, Idaho Falls, ID 83402. Residents of Vermont and Washington may omit return postage.
|
| 12. |
Releases. |
|
Prize winners may be required to sign and return an affidavit of eligibility and liability release within ten (10) days of receipt before prize is awarded. If an affidavit is required and not returned within the designated time, prize may be forfeited.
|
| 13. |
Conditions. |
|
By entering this Contest, you agree to be bound by these Rules and the decisions of Sponsor which shall be final. Agents and representatives of Sponsor, its affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, and legal advisors are not responsible for and shall not be liable for: (i) late, lost, delayed, damaged, misdirected, incomplete, illegible, unintelligible, or postage-due entries; (ii) telephone, electronic, hardware or software program, network, Internet, or computer malfunctions, failures, or difficulties of any kind; (iii) failed, incomplete, garbled, or delayed computer transmissions; (iv) any condition caused by events beyond the reasonable control of Sponsor that may cause the Contest to be disrupted or corrupted; (v) any injuries, losses, or damages of any kind arising in connection with or as a result of the prize, or acceptance, possession, or use of the prize, or from participation in the Contest; or (vi) any printing or typographical errors in any materials associated with the Contest.
|
| 14. |
Disqualification. |
|
Sponsor reserves the right at its sole discretion to disqualify any individual that: (i) interferes or attempts to interfere in any way with the integrity or fairness of the Contest; (ii) tampers or attempts to tamper with the entry process or the operation of VFL.com; (iii) acts in violation of the Rules; or (iv) acts in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.
|
|
Any attempt by you or any other individual to deliberately damage any website or undermine the legitimate operation of the Contest may be a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages from any such participant to the fullest extent permitted by law.
|
| 15. |
Limitations of Liability. |
|
Sponsor is not responsible for any incorrect or inaccurate information, whether caused by web site users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the processing of entries in the Contest. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or authorized access to, or alteration of, entries. Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email on account of technical problems or traffic congestion on the Internet or at any site or combination thereof, including injury or damage to participants or to any other person's computer related to or resulting from participating in the Contest. Sponsor is not responsible for any typographical or other errors in connection with the Contest. If, for any reason, the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest.
|
| 16. |
Disputes. |
|
Except where prohibited, you agree that: (i) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the District of Idaho or the appropriate Idaho state court located in Bonneville County, Idaho U.S.A.; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (iii) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, indirect, 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of you and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Idaho, U.S.A. without giving effect to any choice of law or conflict of law rules (whether of the State of Idaho or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Idaho.
|
|
THE 10% CLUB CONTEST IS INTENDED FOR VIEWING WITHIN U.S. AND CANADA ONLY AND WILL BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAWS. SPONSOR IS NOT LIABLE FOR PAYMENT OF ANY PRIZE TO ANY PARTICIPANT WHO VIOLATES THESE OFFICIAL RULES.
|