Rules & Regulations
The Xooma Challenge – Positive Personal Growth and Transformation
The Xooma Challenge is a personal growth and body transformation contest conducted by Xooma Worldwide, 150 Research Drive, Hampton, Virginia 23666 (“Xooma”) and is open to Members of Xooma who reside in the U.S. and internationally wherever those products are sold. The contest itself involves two personal challenge activities: a physical “transformation”utilizing Xooma’s MetaboWize™ nutritional supplements, and a written application that includes answering questions about the contestant’s background and experience during the Challenge period. Although the Xooma Challenge is a competition, it is not about weight loss or appearance alone, and therefore, winners will not be chosen solely on the basis of pounds lost or their pictures. Instead, the Xooma Challenge is about self-improvement and positive personal growth through exercise and lifestyle changes.
Entry Rules and Deadlines
To enter the Xooma Challenge™ contestants must first obtain a Xooma Challenge Package, which includes the Metabowize™ products and other materials, including the Official Entry forms. To be eligible for recognition and awards, contestants must complete all forms and send them to the Xooma Worldwide Corporate Headquarters, Attn: Xooma Challenge, 150 Research Drive, Hampton, Virginia 23666 by the appropriate deadline dates. No mechanically reproduced forms or copies will be permitted. “Before” photos must be taken and submitted within 10 days after your, start date along with the Pre-Entry form. No Pre-Entry forms will be accepted if postmarked after September 30, 2008. All materials including “After” photos for final selection must be received within 15 days of completing the Challenge. No “Post” materials will be accepted after January 15, 2009. Xooma Worldwide is not responsible for lost, stolen, mutilated, undelivered, postage due, illegible or untimely entries, and incomplete entries. Any modified or doctored photos, will be disqualified. Only one entry per person, per Challenge Period will be permitted. Contestants may enter subsequent Challenges; however, each Challenge contestant must complete the full 12 week program in order to be eligible to win and before entering a future Challenge.
Judging Process and Criteria
The Xooma Challenge Judging Team will select the Champion and Grand Prize Winner from all complete entries received by Xooma Worldwide on or before the closing date (January 15, 2009 for the second period). The Champion will then be posted on the www.xoomachallenge.com website. Judging will be based on a review of submitted Before and After photos, consideration of the answers to the Questionnaire, as well as other factors relating to Xooma’s promotional plans. A contestant’s chance of winning depends on the quality of their entry and the total number of eligible entries received, as well as the discretion of the judges. Winners may be required to submit to a drug test, as well as complete and sign additional forms certifying the completeness, originality and truthfulness of their entry submissions. Failure to comply with all entry and post-award requirements will result in disqualification and an alternate Champion will be selected.
Eligibility Rules and Restrictions
The Xooma Challenge is open only to Xooma Members (at least 18 years or older) who also meet the following criteria: must complete the full 12 week Challenge; must purchase the qualifying Xooma Challenge package and qualifying MetaboWize™ products; must not have entered more than once in any Challenge period; must complete and timely submit all entry forms and sign all releases; must agree to abide by these Rules and Regulations and the decisions of the Challenge Judging Team, which decisions are final; and must not use steroids or performance enhancing drugs of any kind, unless prescribed by a licensed physician. The Xooma Challenge is not open to consultants, contractors or employees of Xooma (or Xooma affiliates) or their immediate family members. The Challenge is void where prohibited by law. Xooma reserves the right to interpret these rules and, if necessary, to amend the rules at its sole discretion and without notice to individual contestants. Any amendments to the rules will appear at www.xoomachallenge.com. Materials submitted with entry forms become Xooma’s exclusive property.
Contestant / Winner Obligations
By participating in the Challenge, winners agree to have their name, voice, or likeness used in any advertising or broadcasting material relating to this contest without additional financial or other compensation, and to sign a publicity release prior to acceptance of the prize. Winners are solely responsible for payment of all federal, state and local taxes and may be required to sign appropriate IRS forms. Winners also agree to sign a liability release holding harmless Xooma and its affiliates, shareholders, directors, employees, agents and representatives against any and all claims or liability arising directly or indirectly from their participation in the Challenge. Because each Challenge contestant assumes all risk of injury, harm or loss of any kind arising from participation in the Challenge, contestants are strongly advised to consult with their physician before starting any new exercise or nutritional supplementation program and with a qualified trainer before doing weight lifting exercises. Xooma reserves the right to disqualify any person tampering with the entry process, the operation of the Xooma Challenge website or who violates these rules. Xooma further reserves the right to cancel, terminate or modify the contest if it is not capable of completion as planned and/or to reduce the amount or number of prizes awarded if the number of paid entrants is insufficient (as noted in the descriptive materials). It is each contestant’s responsibility to notify Xooma in writing of any change of address or phone number. Winners who cannot be reached within seven (7) days at the address or phone number on their Entry Form will be disqualified. By participating in the Challenge, contestants agree that all disputes and causes of action arising out of or connected with this contest, or any prizes awarded, shall be resolved exclusively by binding arbitration under the rules of the American Arbitration Association, applying Virginia law, and held at Hampton, Virginia; any judgment rendered in such proceeding may be entered in any court having jurisdiction.
XOOMA SHALL NOT BE LIABLE FOR PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ATTORNEYS’ FEES, OR OTHER CLAIMS OR DAMAGES WHATSOEVER ARISING OUT OF CONTESTANT’S PARTICIPATION IN THE CHALLENGE. ANY COMPENSATION AWARDED HEREUNDER SHALL BE LIMITED TO CONTESTANT’S ACTUAL OUT-OF-POCKET COSTS DIRECTLY RELATED TO THEIR PARTICIPATION IN THE CHALLENGE.
Submission of completed Entry Form constitutes the contestant’s acceptance of these Rules and Regulations (as amended from time to time) and to contestant’s transfer to Xooma of all right, title, and interest, including copyright, of your photographs and written responses.
© 2007 Xooma Worldwide. All rights reserved.
Revised 10/22/2007
|