1. Promotion Description. This promotion
is sponsored by KAIT-TV, 472 CR 766, Jonesboro, AR 72401, St. Bernards Health
& Wellness Institute, 1416 East Matthews, Jonesboro, AR 72401.
("Sponsor(s)"). The promotion begins at 8:00am September 17, 2012
and ends at 5:00pm October 5, 2012. Entries
must be received by October 5, 2012 at 5:00pm. Promotion
is void where prohibited. By entering, each entrant accepts
and agrees to be bound by these promotion rules.
2. Eligibility. No purchase necessary to enter or win. This promotion is open only to legal U.S. residents of Arkansas and Missouri, who are 18 years of age or older at the time of entry. Employees and immediate family members of employees of Raycom Media, Inc., KAIT-TV, St. Bernards Health & Wellness Institute, St. Bernards Health & Wellness Institute independent contractors, their respective agents and their advertising and production agencies are not eligible to participate in this promotion. Only one entry per individual will be accepted, and multiple entries will be disqualified.
3. How to Enter. There is one way to enter this promotion. Beginning at 8:00am September 17, 2012, individuals can log on to www.kait8.com and complete the online entry form. Entries must be received by October 5, 2012 at 5:00pm in order to qualify. All entries become the property of Sponsor(s), and Sponsor(s) reserve(s) the right to use any information submitted by entrants.
Entries must be filled out completely and legibly in order to qualify, and will be void if they are, in whole or in part, incomplete, illegible, damaged, irregular, counterfeit, altered, or obtained through theft or fraud. No mechanically reproduced, software-generated or other automated multiple entries are permitted. Sponsor(s) is/are not responsible for lost, late, illegible, misdirected or mutilated entries, including due to transmission, technical, and/or network failures of any kind, including, without limitation, malfunctioning of any hardware or software (whether originating with sender or Sponsor(s)), telephonic failures, human error, or any other error or malfunction. For online entries, the authorized account holder of the e-mail address submitted at time of entry will be considered the entrant. An "authorized account holder" shall mean the natural person assigned to such e-mail account by the Internet access provider, online service provider, or other organization responsible for assigning e-mail addresses for the domain associated with such e-mail account. A potential winner may be requested to provide proof that he or she is the authorized account holder of the e-mail address associated with a winning entry.
Entrants agree not to upload, post or transmit any materials which contain any computer viruses, Easter eggs, worms, Trojan Horses or other harmful component or programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. Any attempt to deliberately damage any web site or undermine the operation of the promotion is a violation of criminal and civil laws, and Sponsor(s) reserve(s) the right to seek damages from any person who makes such attempt(s).
Entry materials that have been tampered with or altered are void. Any questions regarding the number of entries submitted by an individual or the authorized account holder of an e-mail address shall be determined by Sponsor(s) in its/their sole discretion, and Sponsor(s) reserve(s) the right to disqualify any entries by persons determined to be tampering with or abusing any aspect of the promotion.
To apply for the Shape-Up Showdown, you will be required to complete an individual application form ("Individual Application Form") found on the contest entry page on kait8.com. All areas of the contest information form must be completed in order to enter the contest.
4. Prize(s). Prizes for up to (8) eight participants that will be selected to participate in the Shape-Up Showdown will include six months of physical training at the St. Bernards Health & Wellness Institute and three fitness consultations per week with St. Bernards Health & Wellness Institute fitness professionals (valued at $450). Additional restrictions may apply to prizes. Additional prizes may be added to the promotion prior to the April 30, 2013 promotion end date.
No prize may be exchanged for cash, transferred, or assigned. Sponsor reserves the right to substitute a prize, in which case a prize of equal or greater value will be awarded.
5. How the Prizes are Awarded.
Selection of at least 8 Participants. On or about October 11, 2012, a committee of judges selected by the Sponsors will have reviewed all Application Forms submitted by eligible applicants and will select up to eight (8) applicants to become potential participants in the Shape-Up Showdown. The selection of potential participants will be based on the following criteria: the applicants' health, weight, motivation and ability to fulfill the Requirements of the Shape-Up Showdown and comply with all other terms and conditions of these Official Rules. Hospital will attempt to contact each potential participant for a telephone interview during regular business hours (8:00 a.m. to 5:00 p.m. C.T.) sometime between October 1, 2012 and October 5, 2012 using the telephone number(s) provided on each potential participant's Application Form. If Hospital is unable to reach a potential participant in person by telephone during this period at the telephone number(s) provided on the Application Form, that person may be disqualified and another potential participant may be selected from among all remaining eligible applicants, based on the judges' application of the criteria set forth above.
Selection of 8 Participants. Each potential participant must be available to participate in a one-on-one in person call-back interview with the selection committee on or before October 10, 2012 or an alternate date specified by the Sponsors (the "Call-Back Day"). Hospital will notify each potential participant of the date and time of the call-back interview; if applicable (it is possible that not all potential participants will receive a call-back interview). At the end of the Call-Back Day, a committee of judges selected by the Sponsors will evaluate each potential participant's personality and motivation to meet the Shape-Up Showdown Requirements based on each potential participants in person call-back interview, telephone interview (described above) and will select eight (8) participants. Sponsors will announce the names of the eight (8) participants on or after October 16, 2012. To be declared a Participant in the Shape-Up Showdown, all potential participants will be required to sign an Affidavit of Eligibility and a Liability and Publicity Release ("Participant Release") and agree to establish a personal fitness program and goals with the guidance of a fitness professional and nutritionist supplied by Sponsor. Subject to the provision of the required identifying information, verification of eligibility, the signing of a Participant Release, availability on the required dates, and compliance with all other terms of these Official Rules, each Finalist will be declared a Participant and will continue in the Shape-Up Showdown as described below. If a Participant is unwilling or unable to submit to a background check, sign a Participant Release or be available on the required Shape-Up Showdown dates, or if a Finalist fails the background check in the sole judgment of the Sponsor or is otherwise determined by Sponsor to be ineligible under these Official Rules, he or she will be disqualified and an alternate participant will be given the opportunity to become a Participant in the disqualified participant's place. The term "Participant" as used herein will refer to each participant selected on the basis of an Individual Application form.
Initial Meeting, Goal-Setting and Introductory Promotional announcements. Each Participant will be scheduled by KAIT-TV or Hospital to participate in an on-camera meeting with a nutritionist and/or a fitness professional between October 17, 2012 – October 31, 2012. (the "Initial Meeting"). Each Participant must participate in this on-camera Initial Meeting on the date and at the time scheduled by Sponsor. At the Initial Meeting, each Participant will establish and agree to a personal health and fitness program and goals ("Personal Goals") with the assistance of a Sponsor-supplied fitness trainer and/or nutritionist. A Participant's Personal Goals may include, for example, weight loss, reduction of body fat percentage, reduction of cholesterol levels, and/or improvement of blood sugar levels. Participants may be required to submit to a blood chemistry analysis conducted by each Participant's own physician, and also will be weighed and may have body fat and other measurements taken. Footage, photos and personal information from the Initial Meeting may be used by KAIT-TV to create and air promotional spots on KAIT-TV and profiles on the kait8.com website of each participant.
General Requirements. To remain eligible throughout the Shape-Up Showdown, Participants will need to satisfy all of the Shape-Up Showdown Requirements detailed above, including participating in on-camera interviews once a month with KAIT-TV staff (Participants may be required to travel to KAIT-TV's studios for these interviews), meeting with the Participant's assigned fitness trainer and/or nutritionist according to agreed upon schedule, and making concerted efforts toward meeting Personal Goals and other requirements as determined by sponsors. Participants will be required to meet with their personal trainer at a predetermined reasonable schedule throughout the Shape-Up Showdown period. Participants also must provide reasonable access to a KAIT-TV production crew at home, at work and/or at the gym to permit KAIT-TV to record and document their efforts and progress. Except as otherwise specifically set forth in these Official Rules, Participants are responsible for paying all costs and expenses related to participation in the Shape-Up Showdown, including but not limited to transportation to and from Shape-Up Showdown events and any parking expenses related to attendance at a Shape-Up Showdown event.
Final Evaluation and Taping. Participants must participate in a final on-camera evaluation at KAIT-TV's studios on predetermined date in April 2013 to assess their progress toward meeting their Personal Goals. Participants may be required to be weighed and may have body fat and other measurements taken. Footage from the Final Evaluations may be used by KAIT-TV to create and air promotional spots on KAIT-TV and profiles on the kait8.com website of each participant.
KAIT-TV and Sponsor has no obligation to include each
Participant's footage in, or feature each Participant in, the promotional spots
and/or website profiles or any other on-air segments relating to the Shape-Up
CAUSE FOR DISQUALIFICATION: Hospital may disqualify any Participant if, in its sole discretion, determines that further participation may be detrimental to the Participant's health. Such disqualification may occur, for example, if Hospital determines that a Participant's weight loss is too extreme, or is accomplished through any means that is detrimental to the Participant's short-term or long-term health. Hospital also reserves the right, in its sole discretion, to disqualify any Participant that fails to comply with the Shape-Up Showdown Requirements or any other requirements set forth in these Official Rules, or with any other instructions or requirements communicated to the Participant by the Sponsors. In addition, Sponsors may terminate any Participant's participation in the Shape-Up Showdown for editorial, legal, business or other reasons, including, but not limited to, Sponsor's reasonable determination that a Participant is not committed to the Shape-Up Showdown
6. Odds of Winning. The odds of winning depend on the number of eligible entries received.
7. Conditions of Acceptance of Prize. Driver's license or other appropriate picture identification is required to claim a prize. The winner(s) will be required to execute and return a release and affidavit of eligibility within 15 days of prize notification, or the prize will be forfeited. A winner must take possession of his or her prize by October 12, 2012 or the prize will be forfeited.
Winner(s) will be solely responsible for any and all local, state, and federal taxes, as well as license and registration fees incurred by participating in the promotion, including, but not limited to, transportation costs, gratuities and other items of an incidental nature. KAIT-TV will report any individual winnings over $600 (in cash or fair market value of goods or services) in a one year period to the Internal Revenue Service. Winner(s) will receive a Form 1099 from KAIT-TV if KAIT-TV reports any winnings to the Internal Revenue Service. Prize(s) may not be exchanged for cash or any other consideration.
Each winner agrees to the use of his or her name and likeness in publicity without any additional compensation, except where prohibited by law. By entering this promotion, each winner acknowledges that KAIT-TV, and all other sponsors and venues, have the right to publicize and broadcast each winner's name, voice, and likeness, the fact that he or she won, and all matters incidental thereto.
8. Limitation on Liability. By entering this promotion, each entrant forever discharges and releases Sponsor(s), its/their parent companies, subsidiaries, affiliates, and their respective directors, officers, employees, and agents from any and all liability, claims, causes of action, suits, and demands of any kind arising from or in connection with the promotion, including, without limitation, responsibility for property damage, loss of life, or personal injury resulting from or in connection with participating in the promotion or from or in connection with use or receipt of the prize(s), however caused.
Liability Release: Sponsors recommend that all Participants seek medical advice before beginning any diet or exercise program. By submitting an Application Form, you agree to assume all risks related to your participation in the Shape-Up Showdown or in any Shape-Up Showdown event or activity, and hereby irrevocably and unconditionally release, acquit, and forever discharge KAIT-TV and Sponsors, and each of their respective owners, stockholders, predecessors, successors, assigns, agents, directors, officers, employees, representatives, attorneys, divisions, subsidiaries, affiliates, and parents, and all persons acting by, through, under or in concert with them, from any and all charges, complaints, claims, liabilities, obligations, promises, damages, causes of action, rights, demands, costs, lawsuits, debts and expenses, including but not limited to attorneys' fees and costs actually incurred of any nature whatsoever, known or unknown, arising from any activity related to your or your family members' participation in the Shape-Up Showdown or any Shape-Up Showdown event or activity. KAIT-TV, sponsor(s)., their parent companies, affiliates, subsidiaries or agencies are not liable for any losses, injuries or damages of any kind resulting from acceptance of and/or participation in prizes.
9. Sponsor's Reservation of Rights. These official rules are subject to modification by KAIT-TV. In the event of a dispute, all decisions made by KAIT-TV are final and binding. Sponsor(s) reserve(s) the right, in its/their sole discretion, to disqualify any person who tampers with the entry process or the operation of Sponsor's/Sponsors' web site(s), or who otherwise acts in violation of these official rules. Sponsor(s) further reserve(s) the right, in its/their sole discretion, to cancel, terminate, or modify this promotion if, for any reason, the promotion is not capable of completion as planned (including, but not limited to, for the following reasons: infection by computer virus, technical corruption, force majeure, or non-authorized human intervention that compromises or affects the administration, fairness, integrity, security, or proper conduct of the promotion).
10. List of Winners. For a list of winners, send a self-addressed stamped envelope to KAIT-TV, PO Box 790, Jonesboro, AR 72403 or visit the website at kait8.com between October 16 – October 31, 2012.