OFFICIAL RULES

Fit America Contest 2007

NO PURCHASE NECESSARY. There are no fees for this contest.
My Fitness Trainer, LLC, (MyFitnessTrainer.com) is the Contest “Organizer.” Sponsorship and donation opportunities are open to other businesses. Businesses that donate prizes or services for the contest will be known as “Sponsors.”
ELIGIBILITY: OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES OR DISTRICT OF COLUMBIA WHO ARE 18 YEARS OF AGE OR OLDER, AS OF DATE OF ENTRY. Employees, officers and directors of Contest Organizer and Sponsor companies, their respective parents, subsidiaries, and affiliated companies, advertising, promotion, or production agencies, web masters/suppliers, and any other coordinating agencies involved in the development, implementation, and distribution of the contest (the “Contest”) (and their IRS dependents, immediate family members [spouse, parents, children, siblings] and individuals residing in their same household, whether or not related), are not eligible to participate. By participating, entrants agree to these Official Rules. Void where prohibited, taxed or otherwise restricted.
PROMOTIONAL PERIOD: The Contest begins at 12:00 a.m. (midnight) Central Time (CT) on 1/01/07 and ends at 11:59:59 p.m. CT on 4/01/07 (the “Contest Period.”)
TO ENTER:
Participants must completely fill out the entry form at www.FitAmericaContest.com. Failure to accept the Contest Rules voids entry. By entering the contest, participants officially agree to all rules. Participants may enter the contest during the first two months of the contest. No entrants will be accepted after February 28, 2007. Final contest information (before/after picture, short essay, and before/after measurements) is due by April 10, 2007, and should be mailed to P.O. Box 731295 Puyallup, WA 98373. Name, address, and phone number need to be on each page of the final contest submission. (Please type your submission if possible.) Any information turned in past April 10, 2007 may not be eligible. The Contest Organizer recommends that all participants receive medical clearance before participating in any physical activity or calorie restriction. By entering Contest, participants verify that they received medical clearance from their doctor, or they decide to participate in the contest without medical supervision at their own risk. There are many ways to reach fitness goals, and Contest Organizer and the Fit America sponsors cannot be held responsible for participants' decisions. Participation in the MyFitnessTrainer.com program will not improve chances of winning. If the participant chooses to use MyFitnessTrainer.com to reach his/her goals, he/she is subject to the terms and rules listed at http://myfitnesstrainer.com/terms_and_policies.php. Entries and other submitted material become the property of Organizer and/or Sponsors and will not be acknowledged or returned. Unless otherwise prohibited by law, acceptance of the prize constitutes permission to use winner's name, picture, likeness, address (city and state), and biographical information for advertising and publicity purposes for Organizer and/or Sponsors and for this and/or similar promotions, without compensation. The photograph you submit must be an original photograph for which you own the copyright or have secured the right to distribute without restriction. Photos or information submitted by you to the Site shall be the property of MyFitnessTrainer.com, and MyFitnessTrainer.com shall have no obligation to preserve, return or otherwise make available to you or others any photos or information so submitted. By submitting your entry in the Contest, you warrant and represent that the entry is your sole and exclusive original work, is true and verifiable, and has not been previously published and that you have the authority to enter it into this contest and that by doing so you will not violate another party's copyright, intellectual property rights, privacy rights, or any other rights. Organizer reserves the right to disqualify any entry they deem to be offensive, inappropriate, or not in keeping with Organizer or Sponsors' image as they determine in their sole discretion. By submitting an entry, entrant agrees Organizer shall own the entry submitted (including all rights embodied therein) and that they and their designees may exploit, edit, modify, and distribute the entry and all elements of such entry, including, without limitation, the names and likenesses of any persons or locations embodied therein, in any and all media now known or not currently known, throughout the world in perpetuity without compensation to entrant or any third party, unless prohibited by law.
Winners: Organizer will select the Contest Winners. MyFitnessTrainer reserves the right to share participant information with the other Contest Sponsors, and to seek their advice about choosing the winners. A combination of measurements, before and after pictures, and the short essay, will be used to choose the winners. All decisions are final and binding in all matters relating to this Contest. Winners will be notified by phone or email on/ about April 15th, 2007. No substitution, cash redemption or transfer of prize, but Organizer and/or Sponsor reserves right to substitute a prize with a prize of equal or greater value if advertised prize becomes unavailable. Limit one (1) prize per person/address/email address for the entire Contest Period, unless Organizer decides otherwise. Some additional rules may apply only to certain prizes. Please see notes with the prize descriptions. In accepting the prize, the winner, and any guest(s), acknowledges that Contest Organizer and the Contest Sponsors may not be held liable for any loss, damages or injury associated with accepting or using this prize(s).
PRIZE/ODDS: Prizes will be announced as the date nears for the contest to begin, and as Sponsors decide to participate. Prizes will be donated by Sponsors. Prizes will be listed along with the name or logo of the donating business (“Sponsor,”) at www.FitAmericaContest.com. Winners must accept their prize within 30 days of notification that it is available, or prize will be forfeited, and an alternate winner selected. Actual prizes may differ somewhat from those shown in advertisements or on the website. The difference between any stated value and actual value will not be awarded to winners. All expenses not expressly specified herein are solely the winner's responsibility. If a winner cannot accept prize as stated in these Official Rules, prize will be forfeited in its entirety and an alternate winner will be selected. Odds of winning are dependent on number of eligible entries received, and depend on participants' personal fitness results. ALL TAXES AND ANY APPLICABLE WITHOLDING AND REPORTING REQUIREMENTS ARE THE SOLE RESPONSIBILITY OF THE WINNERS. All prizes are awarded "AS IS" and WITHOUT WARRANTY OF ANY KIND, express or implied, (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). Winners may waive their right to receive a prize. Prizes are non-assignable and nontransferable. Prizes not won and claimed by an eligible winner in accordance with these Official Rules will not be awarded and will remain the property of Sponsor. Sponsor reserves the right to not award any or all prizes if, in their sole discretion, they do not receive a sufficient number of eligible and qualified entries.
GENERAL CONDITIONS: Participants agree (a) that MyFitnessTrainer.com (Contest “Organizer,”) Sponsors, their respective parents, subsidiaries and affiliated companies, advertising and promotion agencies, and all of their respective officers, directors, employees, representatives and agents are released, will have no liability whatsoever for, and shall be held harmless by participants against any liability for any injuries, losses or damages of any kind to person(s), including death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in this Contest or any Contest related activities and (b) except where legally prohibited, winners grant (and agree to confirm that grant in writing) permission to Organizer, Sponsor and those acting under its authority the right to the use of his/her name, picture, likeness, voice, biographical information and statements, at any time or times, for advertising, trade, publicity and promotional purposes without additional compensation, in all media now known or hereafter discovered, worldwide and on the Internet and World Wide Web, without notice, review or approval. Winners may be required to complete, sign and return an Affidavit of Eligibility, a Liability Release, and where lawful a Publicity Release within seven (7) days of notification. If documents are not returned timely, or if a prize notification or prize is returned as non-deliverable, or if a winner is found to be ineligible or otherwise not in compliance with these Official Rules, prize will be forfeited and an alternate winner selected. Taxes on prize are solely winners' responsibility. The entry information provided is subject to the Privacy Policy on the above stated website. To read that Policy, access the website and then access the Privacy Policy. A Participant may only enter for him/herself. Any false entries or false representations will not be eligible. If for any reason this Contest is not capable of running as planned, including, but not limited to, tampering, unauthorized intervention, fraud, or any other causes beyond the reasonable control of Contest Organizer which corrupt or affect the administration, security, fairness, integrity or proper conduct of the promotion, then Organizer reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest. Organizer may prohibit an entrant from participating in the Contest or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair play practices (including the use of forged before and after pictures) or intending to annoy, abuse, threaten, or harass any other entrants or Organizer or Sponsor representatives. Organizer reserves the right in their sole discretion to modify or cancel all or any portions of the Contest because of technical errors or malfunctions, viruses, hackers, or for other reasons that corrupt the Contest in any manner. Organizer also reserves the right in their sole discretion to disqualify any entrant who fails to comply with these Official Rules, who attempts to enter the Contest in any manner or through any means other than as described in these Official Rules, or who attempts to disrupt the Contest or to circumvent any of these Official Rules. Entrants agree to be bound by these Official Rules and by the decisions of Organizer, which are final and binding in all respects. Organizer reserves the right to change these Official Rules at any time, in its sole discretion, and to suspend or cancel the Contest or any entrant's participation in the Contest should viruses, bugs, unauthorized human intervention or other causes beyond Organizer's control affect the administration, security or proper play of the Contest or Organizer otherwise becomes (as determined in its sole discretion) incapable of running the Contest as planned. Entrants who violate these Official Rules, tamper with the operation of the Contest or engage in any conduct that is detrimental or unfair to Organizer, Sponsors, the Contest or any other entrant (in each case as determined in Organizer's sole discretion) are subject to disqualification from entry into the Contest. Organizer reserves the right to lock out persons whose eligibility is in question or who have been disqualified or are otherwise ineligible to enter the Contest. If you have any questions about these Official Rules or the Contest, please e-mail them to fitamericacontest@myfitnesstrainer.com or send written questions to Fit America Contest, P.O. Box 731295 Puyallup, WA 98373. In the event this Contest is cancelled prior to the stated end date, a notice will be posted at http://www.fitamericacontest.com.
LIABILITY LIMITATIONS: MyFitnessTrainer.com (Contest “Organizer,” the Sponsor businesses, and their respective agencies are not responsible for lost, late, illegible, misdirected, incomplete, postage due or non-delivered mail, entries or email; or for interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), website, telephone or other connections, availability or accessibility, or miscommunications, or failed computer, satellite, telephone or cable transmissions, or lines, or technical failure or jumbled, corrupted, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures, or technical errors or difficulties, or other errors of any kind whether human, mechanical, electronic or network or the incorrect or inaccurate capture of user ID/password or entry or other information or the failure to capture, or loss of, any such information. Persons who tamper with or abuse any aspect of this Contest, as solely determined by the Organizer, will be disqualified. Any use of robotic, automatic, macro, programmed or like entry methods will void all such entries by such methods, and disqualify any entrant using such methods. Neither MyFitnessTrainer.com (Contest “Organizer,” the Contest Sponsors, nor their respective agencies are responsible for injury or damage to participant's or to any other person's computer related to or resulting from participating in this Contest or downloading materials from or use of the website. Should any portion of the Contest be, in Organizer management's sole opinion, compromised by virus, worms, bugs, non-authorized human intervention, technical failures or other causes which, in the sole opinion of the Organizer, corrupt or impair the administration, security, fairness or proper play, or submission of entries, Organizer reserves the right at its sole discretion to suspend, modify or terminate the Contest, and select the winners from entries received prior to action taken or as otherwise deemed fair and appropriate by Organizer. Neither Organizer, Sponsors nor their respective agencies are responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest, and assume no responsibility for any error, interruption, deletion, defect, delay in operation, or transmission, communications line failure, theft or destruction, or unauthorized use to this website. In case of dispute, the authorized subscriber of the email account used to enter the Contest at the actual time of entry will be deemed to be the participant, and must comply with these Official Rules. The authorized account subscriber is deemed to be the natural person who is assigned an email address by an Internet Access Provider, on-line service provider, or other organization that is responsible for assigning email addresses. IN NO EVENT WILL MYFITNESSTRAINER.COM (“Organizer,”) CONTEST SPONSORS, THEIR RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR RESPECTIVE ADVERTISING OR PROMOTION AGENCIES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITE OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID WEBSITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
By accepting the terms of this agreement, you are stating that you fully understand that you are solely responsible for the way that the information within this Website and within all forms of communication received from The Fit America Contest, and MyFitnessTrainer.com is perceived and utilized and do so at your own risk. By accepting the terms of this agreement, you are acknowledging that all types of exercise are potentially hazardous activities and may cause injury and even death. You are stating that you are voluntarily participating in these activities. By accepting the terms of this agreement, on behalf of yourself, your heirs, assigns, insurance companies, executors and administrators, you are acknowledging that you do hereby waive, release and forever discharge My Fitness Trainer.com, the Fit America Sponsors, and their respective heirs, directors, officers, agents, employees, representatives, successors and assigns, administrators, executors, and all others from any and all responsibilities or liability from injuries or damages resulting from or connected with your participation in any of the My Fitness Trainer.com exercise programs (including the Newsletter) whether arising from the negligence of the releasers or otherwise. You waive all rights to claim punitive, incidental and consequential damages, attorney's fees or any damages. All of the information provided on the My Fitness Trainer.com website and through any My Fitness Trainer.com communication is made without warrantee or guarantee, express or implied. This website (and all communication received from My Fitness Trainer.com) provides My Fitness Trainer.com opinion in regards to the subject matter contained herein. You acknowledge and agree that no warranties or representations have been made to you regarding the results you will achieve from participating in this contest. You understand that results vary from one individual to another.
No Recourse to Judicial or Other Procedures: To the extent permitted by law, the rights to litigate, to seek injunctive relief or to any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this Contest are hereby excluded, and any entrant expressly waives any and all such rights. Entrants agree that these Official Rules are governed by the laws of the State of Washington, United States. All actions, proceedings, or litigation relating hereto will be instituted and prosecuted solely within the State of Washington. The parties consent to the jurisdiction of the state courts of Washington and federal court located within such state and county with respect to any action, dispute, or other matter pertaining to or arising out of this Contest. PRIVACY: Entrant's name, contact information, and essay will be shared by MyFitnessTrainer.com with Contest Sponsors in order to select and contact potential winners for the purpose of fulfillment of prizes, obtaining necessary release and eligibility forms and for the purpose of contacting entrants to obtain additional assignment of rights forms (as deemed necessary in Organizer's discretion). The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any such provision is determined to be invalid or otherwise unenforceable, these rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. Contest Organizer will not be responsible for typographical, printing or other inadvertent errors in these Official Rules or in other materials relating to the Contest. Contest Organizer and Sponsors are not responsible for any computer, network, technical, printing, typographical, human or other error relating to or in connection with the Contest, including, without limitation, errors which may occur in connection with administration of the Contest, the processing or judging of entries, in the announcement of the prizes, or in any Contest-related materials; or for any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Contest.
WINNERS LIST: For the names of the winners, send a self addressed, stamped envelope to: Fit America Contest Results, PO box 731295, Puyallup, WA 98373 for receipt by 5/01/07.