THE BALANCING ACT'S
A LIFETIME OF HEALTH & WELLNESS MAKEOVER 2ND CHANCE GIVEAWAY
OFFICIAL RULES
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. PROMOTION BEGINS AT 12:00:00AM (ET) ON JUNE 18, 2012 AND ENDS AT 11:59:59PM (ET) ON AUGUST 17, 2012. VOID WHERE PROHIBITED.
1. ELIGIBILITY: The Balancing Act's A Lifetime of Health & Wellness Makeover 2nd Chance Giveaway ("Promotion") is open only to legal residents of the fifty (50) United States and the District of Columbia, who are at least eighteen (18) years of age or older and have reached the age of majority in their state of residence as of the date of entry (hereinafter "Entrant"). Employees of "Sponsor" (as defined below), and "Promotional Partners" (as defined below), their respective parent companies, affiliates, subsidiaries, officers, directors, employees, contractors, representatives and agents, and each of their respective immediate families and household members are not eligible to enter this Promotion. The Promotion is subject to all applicable federal, state and local laws and regulations. Promotion is void where prohibited or restricted. Participation in the Promotion constitutes entrant's full and unconditional agreement to these Official Rules and Sponsor's and Promotional Partner's decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. PROMOTIONAL PERIOD: The Promotion begins at 12:00:00 a.m. (ET) on June 18, 2012 and ends at 11:59:59 p.m. on August 17, 2012 (ET) ("Promotional Period"), and consists of a single entry period for the duration of the Promotional Period. ALL ENTRIES MUST BE RECEIVED BY OR BEFORE 11:59:59PM (ET) ON AUGUST 17, 2012. For the purpose of this Promotion, each day will begin at 12:00:00AM (ET) and end at 11:59:59PM (ET). The Promotion Site's database clock will be the official timekeeper for this Promotion.
3. HOW TO ENTER: During the Promotion Period, you may enter the Promotion by visiting the website, www.thebalancingact.com/sweepstakes ("Promotion Site"), and clicking the appropriate Promotion link to enter the Promotion. To enter the Promotion, follow the instructions when prompted and complete the official entry form online ("Entry" or "Entries"). Limit: Each Entrant may enter as many times as they like, limited to one (1) time per day. All Entries become the exclusive property of the Sponsor and will not be returned. Entries that are incomplete, illegible, forged, altered or corrupted are void and will not be accepted. Sponsor is not responsible for lost, late, illegible, incomplete, inaccurate, or mutilated Entries. Proof of submission does not constitute proof of receipt. Multiple Entrants are not permitted to share the same email address. Any attempt by any Entrant to obtain more than the stated acceptable number of Entries by using multiple/different email addresses, phone numbers, identities, registrations and logins, or any other methods will void that Entrant's Entries and that Entrant may be disqualified. Use of any automated system, software or computer program to participate in this Promotion is prohibited and will result in disqualification. If there is a dispute as to the identity of any Entrant, the relevant Entry will be deemed submitted by the authorized account holder of the applicable email address used to enter. The "authorized account holder" is defined as the natural person to whom the email address is assigned by an internet service provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. To participate in this Promotion, each Entrant will also be subject to the Sponsor's Terms and Conditions of Use (http://www.thebalancingact.com//t_and_c.php) and Privacy Policy (http://www.thebalancingact.com//privacy.php) where applicable.
4. SELECTION OF WINNER: Sponsor's decisions as to the administration of the Promotion and the selection of the potential winners are final and binding in all matters related to the Promotion. Sponsor, through its representatives and otherwise at its sole discretion, will randomly select the potential Promotion winners from all eligible Entries received during the Promotional Period, and will select a minimum of five (5) potential winners from all of the eligible Entries received. The potential winners will be selected within one week of August 17, 2012.
5. WINNER VERIFICATION: The potential winners will be notified by email, regular mail and/or phone at Sponsor's discretion, using the contact information provided upon registration and associated with their winning Entry. The potential winners will be required to sign and return an Affidavit of Eligibility/Liability Release (including, where permitted, a Publicity Release) and/or IRS Form W-9 (collectively, "Affidavit"), which must be received by Sponsor within ten (10) days of the date the notice or attempted notice is sent, in order to claim his/her prize. (If winner is deemed a minor in his/her state of residence, such winner's parent or legal guardian will be required to sign Release). Potential winner must continue to comply with all of the terms and conditions of these Official Rules, and winning is contingent upon fulfilling all of the requirements. If a potential winner cannot be contacted, or does not respond to notification attempts, or fails to sign and return the Affidavit within the required time period, or declines a prize for any reason, or is found ineligible or does not comply with these Official Rules, such potential winner may be subject to disqualification, their prize subject to forfeiture, and an alternate potential winner may be selected by random drawing from among all remaining eligible Entries. Prizes will be fulfilled approximately 8-10 weeks after the potential winner has been verified.
6. PRIZES AND ODDS: TWO (2) GRAND PRIZES. Each Prize will consist of an assortment of gifts and vouchers from Sponsor and Promotional Partners of the Promotion. The ARV of each Giveaway prize is $250.00 USD. All prizes will be awarded (assuming a sufficient number of eligible Entries are received and, after reasonable attempts, potential winners are verified). Prizes are non-transferable and the winners may not substitute, assign or transfer any prize or redeem any non-monetary prize for money, except at the sole discretion of Sponsor. Sponsor reserves the right in its sole discretion to substitute any prize (or prize component, if applicable) with one of equal or greater value if the designated prize should become unavailable for any reason. Sponsor is responsible only for delivery of each prize and is not responsible for prize utility, quality or otherwise. Taxes, fees, and any other costs associated with acceptance and use of a prize, are the sole responsibility of the winner. Odds of winning a prize depend on the number and content of the eligible Entries received during the Promotional Period. Limit of one prize package per person/household for the entire Promotion Period. Additional prize restrictions, limitations and exclusions may apply. For information on the specific prizes being awarded in the Giveaway, visit www.thebalancingact.com/sweepstakes.
7. RELEASE: By participating in this Promotion, each Entrant accepts the conditions stated in these Official Rules, agrees to be bound by the decisions of Sponsor and warrants that Entrant is eligible to participate in this Promotion. In addition, each Entrant, by participating in this Promotion, agrees to release, discharge, indemnify and hold harmless, the Sponsor and Promotional Partners, and their respective parent companies, affiliates, subsidiaries, officers, directors, employees, contractors, representatives, agents, suppliers, distributors, advertising and promotion agencies (collectively, the "Released Parties"), from and against any and all liability, loss, claim, cause of action or damage of any kind, to persons or property, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of in whole or in part, directly or indirectly, from the participation in the Promotion, or any Promotion related activity, or from the award, acceptance, receipt, possession, use or misuse of any prize or participation in any prize related activity.
8. PUBLICITY: Except where prohibited, participation in the Promotion constitutes winner's consent (or such winner's parent or legal guardian's consent if Winner is a minor) to Sponsor's or Promotional Partner's use of winner's name, likeness, photograph, voice, opinions, hometown, state and/or prize information for advertising and promotional purposes in any media or medium, worldwide, without additional payment or compensation, to the extent permitted by law.
9. USE OF ENTRANT INFORMATION FOR MARKETING PURPOSES: By entering this Promotion, Entrant, agrees that, unless Entrant otherwise opts out on the Promotion Site, Sponsor and/or Promotional Partners may use Entrant's, physical and/or e-mail address to contact Entrant regarding Sponsor's programming and other offers and/or promotions that Sponsor and/or Promotional Partners believe may interest Entrant.
10. GENERAL CONDITIONS: These Official Rules are subject to change, however, any and all changes and/or decisions regarding the Official Rules and all other matters relating to this Promotion are and will become final and binding on or before June 18, 2012, and will be posted at www.thebalancingact.com/sweepstakes. Sponsor reserves the right, at its sole discretion, to modify, cancel, terminate or suspend this Promotion, or any part of it, if any fraud, virus, bug, technical failure, unauthorized human intervention or other cause outside of Sponsor's reasonable control, corrupts, impairs or affects the administration, security, fairness, integrity or proper functioning or conduct of this Promotion. In the event of any such cancellation, termination or suspension, a notice will be posted at the Promotion Site, if functioning, and a selection or random drawing will be conducted, at Sponsor's sole discretion, from among all eligible, non-suspect Entries received prior to such action. Sponsor reserves the right, at its sole discretion, to disqualify any Entrant (and all of their Promotion Entries) from this Promotion or any other promotion conducted now or in the future by Sponsor or any of its affiliates, if Entrant tampers with the entry process or the operation of the Promotion, or if Entrant acts in a manner in violation of the Official Rules or in an unsportsmanlike or disruptive manner or otherwise if Entrant's fraud or misconduct affects the integrity of this Promotion, in any way. The Sponsor and Promotional Partners assume no liability and are not responsible for, and Entrants hereby forever waive any rights to any claim in connection with, errors and/or ambiguity: (a) in the Promotion; (b) in any related advertising or promotions of this Promotion; and/or (c) in these Official Rules. In the event of any ambiguity(s) or error(s) in these Official Rules, Sponsor reserves the right to modify these Official Rules for clarification purposes or to correct any such error(s) without materially affecting the terms and conditions of the Promotion.
11. LIMITATIONS OF LIABILITY: Sponsor and Released Parties disclaim liability and are not responsible for: (a) damage to any computer system resulting from participation in, or accessing or downloading information in connection with this Promotion; (b) any printing, typographical, mechanical or other error in the making of the offer, administration of the Promotion or the announcement of the prize; (c) any late, lost, undeliverable, stolen, damaged, garbled, incomplete, misaddressed, postage due or misdirected entries, e-mails or other communications; (d) errors, inaccuracies, omissions, interruptions, deletions, disconnections, failures, malfunctions, defects or delays in operations, programming or transmission of information, in each case whether caused by Entrant or arising by way of technical or other failures or malfunctions of computer hardware, software, networks, communications devices or transmission lines associated with or utilized in the Promotion; (e) data corruption, theft, destruction, unauthorized intervention or access to or alteration of the entry materials or the entry process of the Promotion; (f) technical or human error which may occur in the administration of the Promotion or the processing of entries; (g) electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind or insufficient space in entrant's e-mail account to receive e-mail messages; and (h) 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 promotion or receipt or use or misuse of any prize. Without limiting the foregoing, Sponsor reserves the right to correct any such error. In the event that an Entrant's Entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Entrant's sole remedy is another entry in the Promotion, provided that, if it is not possible to award another Entry due to discontinuance of the Promotion, or any part of it, for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible Entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
12. DISPUTES. Except where prohibited, Entrant agrees that: (1) any and all controversies, disputes, claims or causes of action, arising out of or in connection with this Promotion or any prize awardedmust be resolved individually, without resort to any form of class action, and shall be settled by binding arbitration in accordance with the provisions of the Florida Arbitration Code found at Chapter 682, Florida Statutes, and administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof for enforcement; and (2) any legal actions in connection with the Arbitrator's decision, or otherwise if the Parties agree not to arbitrate, then any and all controversies, disputes, claims or causes of action, arising out of or in connection with this Promotion or any prize awarded, must be brought exclusively in the United States District Court for the Southern District of Florida, or other appropriate Florida State Court of competent jurisdiction located in Broward County, Florida; (3) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion; and (4) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, attorney's fees, indirect, special, 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, whether foreseeable or not and whether based on negligence or otherwise. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Florida without giving effect to any choice of law or conflict of law rules (whether of the State of Florida or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Florida.
13. CAUTION. ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM THOSE MAKING SUCH ATTEMPTS TO THE FULLEST EXTENT PERMITTED BY LAW. SPONSOR'S FAILURE TO ENFORCE ANY TERM OF THESE OFFICIAL RULES SHALL NOT CONSTITUTE A WAIVER OF THAT PROVISION.
14. NAMES OF WINNER(S): To obtain a list of names of Winner(s), send a self-addressed, stamped envelope to: "The Balancing Act's Health & Wellness Makeover 2nd Chance Winner(s) Name Request", The Balancing Act TV, 2001 W. Sample Rd., Pompano Beach, FL 33064, Attn: Digital Media Department. All requests must be received on or before December 31, 2012. Names of Winner(s) will be sent after selection and verification of winner(s). Names of Winner(s) may also be available on www.thebalancingact.com/sweepstakes after selection and verification.
15. PROMOTIONAL PARTNERS: Providers of the Prize Package ("Promotional Partners"):
Age Sciences, Inc.
Ideal Shape LLC
16. SPONSOR: The Balancing Act TV, 2001 W. Sample Rd., Pompano Beach, FL 33064.
© 2012 The Balancing Act TV. All rights reserved.
