NO PURCHASE NECESSARY TO ENTER OR TO WIN. VOID WHERE PROHIBITED. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. PARTICIPATION IN THE PROMOTION CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE OFFICIAL RULES. Individuals who participate in the Contest or submit an entry are sometimes referred to herein as an “Entrant.”
1. Sponsor: 1st Phorm International, St. Louis, MO (“Sponsor”).
2. Eligibility: Contest is open only to individuals who are at least eighteen (18) years of age on the entry date. Employees, agents, officers, directors, members, managers and owners of Sponsor, and each of their respective parents, subsidiaries, affiliates, owners, members, directors, managers, officers, employees and their advertising agencies, promotional partners and prize providers associated with this Contest (collectively, the “Contest Entities” and each a “Contest Entity”), and their immediate families (spouse, domestic partner, parents, legal guardians, grandparents, grand children, siblings, children and “step” of each) and those individuals living in their same household are not eligible to win.
3. Contest Period: The Contest Period begins 6:00 PM CDT August 23rd, 2023, and will end once we find our 2nd and final Pro Staff Member.
4. How to Enter: Limit one (1) entry per person. Any attempt by an Entrant to obtain more than the allowable entries by using multiple/different e-mail address, identities or any other methods will void all of such Entrant’s entries. Sponsor reserves the right to verify eligibility of all Entrants. Illegible and/or incomplete entries and entries submitted by Entrants who do not meet the eligibility requirements are void.
5. Winner Selection and Notification: The Consent will be judged, and the winners selected, by four (4) qualified judges who will be selected by Sponsor in Sponsor’s sole discretion and will consist of employees of Sponsor. The winners will be selected by the judges based upon the following criteria, in the judge’s sole discretion: (a) best body definition and physical attributes (20%), (b) ability to increase social media following through unique, innovative, and creative social media posts (40%), and (c) ability to motivate and inspire and influence their social media followers through inspiring, motivational, educational, and/or humorous social media posts (40%).
Winners will be notified via social media posts and by email or telephone.
The tentative winners will be required to sign and return within ten (10) days of notification attempt by Sponsor an Affidavit of Eligibility, Liability and Publicity Release, including the tentative winner’s full name and street address (no P.O. Boxes) within the Contest Area, or the prize will be forfeited and an alternate winner may be selected by Sponsor (and in such case this process will be repeated).
6. Prizes: Two (2) prize winners will be eligible to receive the $25,000 Pro Staff Sponsorship prize (the “Prize”) specified in the Rules Supplement.
No portion of the Prize may be transferred, or substituted, except by Sponsor (in its sole discretion), which reserves the right to substitute any portion of the Prize with a substitute prize of equal or greater value for any reason, including, without limitation, Prize unavailability. All expenses not specifically identified as included in the Prize are the sole responsibility of the Prize winner. The Prize, and all elements thereof, are subject to availability. The Prize is 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). Acceptance, participation in and/or use of the Prize is at winner’s sole risk and Sponsor is not responsible for any damages whatsoever including special, indirect, or consequential damages, arising out of or in connection with the use and/or misuse of the Prize.
Prize winner will be solely responsible for all federal, state, and local taxes and fees and other expenses associated with his/her Prize receipt and/or use that are not expressly included in the Prize description. The Prize winner will be issued a 1099 tax form for the approximate retail value of the Prize.
7. Prize Conditions: Except where prohibited by law, the Prize winner’s entry and acceptance of the Prize constitutes the winner’s irrevocable, sub-licensable, perpetual, royalty-free, absolute right, license, and permission for the Contest Entities, to use, publish, post or display said Prize winner’s name, photograph, likeness, statements, biographical information, voice, city and state address, Prize information, any quotes attributable to him or her and any other indicia of persona (regardless of whether altered, changed, modified, edited, used alone, or used with other material in the Contest Entities’ sole discretion) for any purpose, including but not limited to advertising, trade, promotional and publicity purposes, on a worldwide basis, and in all forms of media now known or hereafter devised, in perpetuity, without further authorization, notification, opportunity to review, approval or compensation of any kind, and each Entrant releases and agrees to hold harmless all Contest Entities from any and all liability related thereto. Nothing contained in these Official Rules obligates the Contest Entities to make use of any of the rights granted herein and Prize winner waives any right to inspect or approve any such use.
8. General Conditions: This contest is subject to all applicable federal, state, and local laws. By participating, entrants agree to be bound by these Official Rules and the decisions of Sponsor. Winners and entrants waive any right to claim ambiguity in the Contest or these Official Rules. All winners and Entrants agree to follow the Official Rules and hereby release, discharge, and agree to hold harmless and indemnify the Contest Entities and each of them from and against any and all liability, damages, losses, claims, and/or causes of action (however named or described), with respect to or arising out of participation in this Contest, including, but not limited to, those arising out of acceptance, possession, misuse or use of any prize or participation in any promotional-related activity or participation in this Contest. Winner hereby agrees and consents, without further authorization, compensation, or remuneration of any kind, to the use of Prize winner’s name and/or likeness in any and all advertising, promotions and other publicity conducted by Contest Entities, except where prohibited by law. Sponsor reserves the right to modify the scheduling of the Contest without prior notification, and the right to make changes or additions to these Official Rules for any reason at any time. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
By entering, Entrants agree that the Contest Entities may use Entrant's names, likeness, images, video, personal information, and statements made by Entrant and information on the entry form for advertising and promotional purposes in all media worldwide (including the internet) without compensation. Entrant irrevocably grants to the Contest Entities the right to edit and/or modify and to publish and copyright any of the foregoing.
Any Submitted photographs, or photographs or video posted on the internet, exhibiting Entrant's or any other person’s nipples or genitals will be rejected and will result in disqualification from the Contest. The determination of whether any image exhibits nipples or genitals is in the sole discretion of Sponsor.
9. Use of Personal Information: In order to participate in the Contest, Entrants will be required to supply certain information about themselves on the Contest entry pages. Sponsor has specified which information is mandatory in order to participate in the Contest. This information will be used by Sponsor for the purposes of administering the Contest, and may be shared with other Contest Entities.
10. Limitations of Liability: The Contest Entities are not responsible for late, lost, damaged, misdirected, incomplete, illegible, undeliverable, destroyed, and/or lost, late, misdirected, undeliverable or incomplete entries due to system errors or failures, or faulty transmissions and/or entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete or garbled computer or telephone transmissions, or for any problems or technical malfunction(s) of any telephone network or lines, computer online systems, servers or providers, computer equipment, or entries not received by Sponsor on account of technical problems or traffic congestion on computer networks, or any combination thereof, including any injury or damage to participant's or any other person's computer related to or resulting from participating in the promotion or downloading any material for the Contest, or other telecommunications malfunctions which may limit an Entrant's ability to participate. Sponsor may prohibit an Entrant from participating in the Contest or winning the Prize if, in Sponsor’s sole discretion, it determines that said Entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other Entrants or Sponsor representatives. Any attempt by any person to deliberately damage any website or undermine the legitimate operation of the Contest is a violation of these rules and may constitute a violation of criminal and/or civil law. Should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. If for any reason this Contest is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, or any other causes beyond the reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the promotion, then Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest.
11. Further Liability Limitations: To the maximum extent permitted by law, in no event will any of the Contest Entities, including, but not limited to, Sponsor be responsible or otherwise liable for any damages or losses of any kind, including, but not limited to, direct, indirect, incidental, consequential or punitive damages related to the Contest, including any access to or use of the website or any downloading from or printing material from the website. Everything on the website is provided “as is” without warranty of any kind, either expressed or implied, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions may not allow limitations or exclusions 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. Winners agree that all prizes are provided “as is” without any warranty, representation, or guarantee, express or implied, in fact or in law, whether now known or hereinafter enacted, relative to the use or enjoyment of the prize, including, without limitation, its quality, merchantability, or fitness for a particular purpose. Further, no responsibilities are assumed by any of the Contest Entities for any expenses, Omissions, delays, or re-routing resulting from any acts of any government or authority.
12. Disputes: Except where prohibited, Entrant agrees 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 appropriate state or federal court located in St. Louis County, Missouri; (ii) the Contest Entities’ total liability shall be limited to actual out-of-pocket costs incurred, if any, by Entrant, but in no event shall Entrant recover any attorneys’ fees, and in no event to exceed two hundred fifty dollars ($250); and (iii) under no circumstances will Entrant be permitted to recover and Entrant hereby waives all rights to claim indirect, punitive, incidental and consequential damages and any other damages, other than actual out-of-pocket expenses incurred by Entrant; and (iv) this Contest and any dispute arising under or related thereto (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the State of Missouri without giving effect to its choice of law principles or rules that would cause the application of any other state’s laws.
13. Odds of Winning: Odds of winning depend on the number of eligible entries received in the Contest Period and ability to meet selection criteria.