These Terms and Conditions govern the "Women's Health Next Fitness Star Casting Call" (the "Casting Call"). By submitting a Submission (defined below in Section 4) and participating in the Casting Call, you agree to the "Women's Health Next Fitness Star Terms and Conditions" ("Terms and Conditions"), which Terms and Conditions shall be final and binding on you in all respects concerning the Casting Call. If you do not agree to the Terms and Conditions, do not submit a Submission or participate in the Casting Call.
1. CASTING PERIOD. The Casting Call begins at 12:01 AM Eastern Time ("ET") on December 17, 2012 and ends at 11:59 PM ET on February 1, 2013 (the "Casting Period"). Eastern Time shall control the Casting Call.
2. ELIGIBILITY. To be eligible to participate in the Casting Call (the "Eligible Participant" or "Eligible Participants"), you must: (i) be a legal resident of the 50 United States or District of Columbia, excluding residents of Guam, Puerto Rico and all other U.S. territories and possessions, and all other countries, who is eighteen (18) years of age or older or the age of majority in your jurisdiction of residence at the time of submitting your Submission, (ii) fulfill all Submission requirements under Section 4, and (iii) agree to and fully comply with the Terms and Conditions (the "Eligibility Requirements"). Employees of Sponsor, Rodale Inc., as well as the immediate family (spouse, parents, siblings and children) and household members of each employee are not eligible. Failure to comply with these Terms and Conditions may result in disqualification from the Casting Call. DO NOT SUBMIT A SUBMISSION IF YOU RESIDE OUTSIDE THE GEOGRAPHICAL AREA, ARE UNDER 18, DO NOT OR CANNOT FULFILL ALL SUBMISSION REQUIREMENTS, OR DO NOT AGREE TO OR CANNOT FULLY COMPLY WITH THE TERMS AND CONDITIONS.
3. THE CASTING CALL OVERVIEW, CASTING PROCESS, CAST MEMBER REQUIREMENTS, AND CONSIDERATION.
3.1 The Casting Call. Sponsor is conducting the Casting Call to identify one (1) Next Fitness Star Candidate (defined in Section 3.2) who will be selected by Women's Health as the "Next Fitness Star" for a potential Women's Health Fitness DVD tied to a consumer event called "MasterClass". The "Next Fitness Star" is defined as the top Next Fitness Star Candidate who has a revolutionary/unique/fresh workout concept, fitness ability/aptitude, market appeal, user/follower-base, and personality, and is appealing to Women's Health's audience. The Casting Call is only open to Eligible Participants, as determined by Sponsor in its sole discretion.
3.2 The Casting Call Process. The Casting Call involves the following four phase process ("Phase One," "Phase Two," "Phase Three," and "Phase Four"):
a. Phase One: On or about February 2, 2013, Sponsor, from among all Submissions (defined in Section 4) submitted by an Eligible Participant who satisfies the Eligibility Requirements ("Phase One Participants"), will review the Submissions and identify five (5) Phase One Participants to participate in Phase Two of the Casting Call to be the Next Fitness Star ("Next Fitness Star Candidate" or "Next Fitness Star Candidates"). Sponsor may request that the Phase One Participants participate in a telephone interview for Sponsor to identify the Phase One Participants who will act as a Next Fitness Star Candidate and all Eligible Participants agree to participate in any requested telephone interview. On or about March 1, 2013, Sponsor will notify those Phase One Participants who were selected as a potential Next Fitness Star Candidate by e-mail or telephone, using the information provided on the Submission ("Phase Two Notification").
b. Phase Two: After potential Next Fitness Star Candidates receive the Phase Two Notification, they will then have three (3) days to respond to Sponsor's notification to confirm each Next Fitness Star Candidate will participate in Phase Two of the Casting Call ("Next Fitness Star Candidate Confirmation"). Sponsor will send to each Next Fitness Star Candidate by email or by postal mailing and/or Federal Express, at the email address and home address provided on the Submission, an Affidavit of Eligibility, Release of Liability, Confidentiality Agreement, and Appearance Release ("Affidavit and Release"), unless prohibited by law, and any other documentation that Sponsor requires (the "Affidavit Materials"). In order to receive the Next Fitness Star Candidate Consideration (defined below) and move to Phase Three, the Next Fitness Star Candidate must sign and return to Sponsor a notarized Affidavit and Release along with the remaining Affidavit Materials within (5) days from the date Sponsor provides the Affidavit. In the event: (a) a potential Next Fitness Star Candidate does not want to participate in Phase Three and Phase Four of the Casting Call, (b) a potential Next Fitness Star Candidate does not want to perform the Next Fitness Star Candidate Requirements (defined in Section 3.3), (c) a potential Next Fitness Star Candidate cannot be reached for whatever reason after a reasonable effort has been exerted based on the information stated in the Submission, (d) a potential Next Fitness Star Candidate fails to comply with the above or within any of the aforesaid time periods, (e) a potential Next Fitness Star Candidate is found to be ineligible to participate in the Casting Call, (f) a Next Fitness Star Candidate cannot or does not comply with the Terms and Conditions, (g) a Next Fitness Star Candidate's Phase Two Notification is returned as undeliverable for whatever reason, or (h) a potential Next Fitness Star Candidate fails to fulfill the Affidavit-related obligations, said potential Next Fitness Star Candidate shall be disqualified from the Casting Call. After Sponsor receives Next Fitness Star Candidate Confirmation and confirms your compliance with the Phase Two requirements, including return of the Affidavit Materials, you will be an official Next Fitness Star Candidate.
c. Phase Three: After the Next Fitness Star Candidate's participation in the Photo/Video Shoot (defined in Section 3.3), each Next Fitness Star Candidate shall participate in public voting from on or about June 19, 2013 to on or about August 7, 2013 at http://thenextfitnessstar.com whereby members of the public will have the opportunity to review the Next Fitness Star Candidates' Submissions, workout and Photo/Video Shoots and select the Next Fitness Star Candidate he/she believes best represents the Next Fitness Star.
d. Phase Four: On or about August 8, 2013, Sponsor, as well as a potential celebrity judge(s), shall select, from among the Next Fitness Star Candidates, one (1) Next Fitness Star Candidate to be the Next Fitness Star based on a combination of: (i) the Next Fitness Star Candidate Submission that the editors of Women Health believe best exhibits the Next Fitness Star: a revolutionary/unique/fresh workout concept, fitness ability/aptitude, market appeal, user/follower-base, and personality, and is appealing to Women's Health's audience, and (ii) the results of Phase Three. On or about August 8, 2013, Sponsor will notify the selected Next Fitness Star Candidate by e-mail or telephone, using the information provided on the Submission, that he/she was selected as the Next Fitness Star. In order to participate as the Next Fitness Star, the selected Next Fitness Star shall be required to sign and return to Sponsor a Publicity Release, Participation, Talent and Video Agreement (the "Agreement") and any other documents required by Sponsor. Any selected Next Fitness Star who does not sign the Agreement will be disqualified and Sponsor reserves the right to select an alternate Next Fitness Star from among the remaining Next Fitness Star Candidates.
During all Phases of the Casting Call you may be contacted by Sponsor, or an agent or employee of Sponsor, and be required to execute additional documents, provide additional information and undergo additional screening, including without limitation a background and/or personal records check, in order to advance further in the casting process. Sponsor reserves the right to ask for additional documentation, waivers, releases, permissions and signatures to confirm eligibility and for any other purpose relating to the Casting Call and use of the Submission.
3.3 Next Fitness Star Candidate Requirements. Each Next Fitness Star Candidate will be required to perform the following: (i) participate in a photo and video Shoot sometime tentatively scheduled between April 1, 2013 and May 1, 2013 (or such other time identified by Sponsor), at a location to be identified by Sponsor ("Photo/Video Shoot"), (ii) participate in all Phases of the Casting Call, (iii) participate in a Women's Health consumer event called MasterClass where each Next Fitness Star Candidate will make a minimum of one personal appearance and potentially instruct a group workout class(es) at a health club/fitness center of Women's Health's choosing between May 1, 2013 and June 26, 2013, and (iii) participate in press related appearances (national and/or local), as identified by Sponsor in its sole discretion ("Next Fitness Star Candidate Requirements"). By submitting a Submission, you agree to comply with the Next Fitness Star Requirements.
3.4 Next Fitness Star Requirements. Each Next Fitness Star Candidate will be required to perform the following: (i) All Next Fitness Star Candidate Requirements, (ii) participate in a Photo and Video Shoot between August 20, 2013 through October 1, 2013 for the creation and production of a Women's Health fitness DVD (the "DVD"), which work shall be solely owned by Sponsor and based on the Video Submission concept and subject to Sponsor's direction, (iii) opportunity to potentially participate (which opportunity is subject to Sponsor's sole discretion) in a potential editorial feature in the Women's Health January/February 2014, (iv) potential opportunity for the Next Fitness Star's winning Video Submission to be utilized/incorporated at a health club, (v) participate in the promotion of the DVD in any form of medium (print, online, digital, social media) and (vi) participate in press related appearances (national and/or local), as identified by Sponsor in its sole discretion ("Next Fitness Star Requirements"). By submitting a Submission, you agree to comply with the Next Fitness Star Requirements.
a. Next Fitness Star Candidate Consideration. Next Fitness Star Candidates shall receive a trip to a destination identified by Sponsor within the United States to participate in the Photo/Video Shoot for Women's Health Magazine, during which time Sponsor will film Next Fitness Star Candidates as they showcase their workout. Next Fitness Star Candidates may be shot to appear on the "flip" cover of the July/August 2013 cover of Women's Health magazine, and any press related appearances. Sponsor shall pay the following expenses for the Next Fitness Star Candidate in connection with the trip: round trip coach airfare to/from a major airport closest to the Next Fitness Star Candidate's home to/from the destination identified by Sponsor, double occupancy hotel accommodations, and meals (approximate retail value: $2,500.00).
b. Next Fitness Star Consideration. Next Fitness Star shall receive a trip to a destination identified by Sponsor within the United States to participate in a photo and video shoot between August 20, 2013 through October 1, 2013 for the creation and production of a Women's Health fitness DVD, which will be solely owned by Sponsor and based on the Next Fitness Star's workout, and any press related appearances, pursuant to an agreement between Sponsor and the Next Fitness Star. Sponsor shall pay the following expenses for the Next Fitness Star in connection with the trip: round trip coach airfare to/from a major airport closest to the Next Fitness Star's home to/from the destination identified by Sponsor, double occupancy hotel accommodations, and meals (approximate retail value: $2,500.00). In the event Next Fitness Star Candidate or Next Fitness Star lives within 250 miles of any photo or video shoot location or press related appearance location, Sponsor, in its sole discretion, may provide travel arrangement in lieu of airfare. Actual value of trip depends on dates of travel, residency and departure city. Only electronic airline tickets will be issued, if available. Next Fitness Star Candidate or Next Fitness Star shall not receive the difference between the actual value of the trip and the ARV in the form of a credit, or monetary equivalent. Prior to travel, Next Fitness Star Candidate or Next Fitness Star are responsible for obtaining the proper travel documentation (e.g., passports). Consideration is subject to any and all applicable terms and conditions. Any depictions are for illustrative purposes only. All federal, state and local taxes on the Consideration are the sole responsibility of the Next Fitness Star Candidate and/or Next Fitness Star. Next Fitness Star Candidate and/or Next Fitness Star will be sent an IRS Federal 1099-MISC tax form for the retail value of any Consideration at or above $600. No transfer, refund, substitution, or replacement permitted.
4. SUBMISSION REQUIREMENTS.
4.1 Phase One Submission Requirements. During the Casting Call go to http://thenextfitnessstar.com ("Website"), follow the instructions, and perform all of the following: (i) completely fill out all the required fields on the submission form, including first and last name, complete home address, daytime telephone number (including area code), date of birth and e-mail address (the "Submission Form"), (ii) completely answer all questions within the Women's Health Next Fitness Star Survey" (the "Survey"), and (iii) submit a headshot, short biography (250 words or less), short personal video showing a sample of your unique workout (the "Video"), written description of the Video that describes, in (250 words or less) why it is unique and what it is suppose to achieve (the "Essay") and a written explanation in 100 words or less of why you think you are the Next Fitness Star. Video must demonstrate a sample of your workout and should be no more than 3-5 minutes in length. Video must be uploaded at a YouTube.com video link. The Submission Form, Survey, Video and Essay are collectively referred to as the "Phase One Submissions". ALL PHASE ONE SUBMISSIONS MUST BE RECEIVED BY 11:59 P.M. ET ON FEBRUARY 1, 2013.
Submissions will not be acknowledged or returned. Submissions submitted by the same person in excess of the limits stated herein will be disqualified. Submissions submitted to the Web Site will be deemed to have been submitted by the authorized account holder of the e-mail address submitted at the time of the submission. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
4.2 General Requirement for All Submissions. No Submission, including the Essay, any Video, Photo, bio or resume or any other material can include the image or likeness of any person other than the Eligible Participant or reference in any identifiable way (for example, by first and last name, or by part of a name that is identifiable) any person other than the Eligible Participant. The Submission must be original to the Eligible Participant alone, not incorporate material copied from any third party, not copied or plagiarized, and cannot have been submitted to or published by any other publication. The Eligible Participant must own all rights and copyrights in the Submission, including the Essay, any photo, bio, or resume or any other material, and have full rights and authority to grant Sponsor rights and interests therein. The Submission cannot describe, in any identifiable manner, any copyrights, trademarks/tradenames, logos or similar brand identifying marks, or third party artistic works and cannot contain content that infringes on any intellectual property or other right of any person or entity. The Submission cannot describe, depict or contain any illegal, dangerous or unsafe activity, and cannot defame, libel, invade privacy, or otherwise contain material that is obscene, pornographic, abusive, threatening or otherwise is harmful or offensive to others or violates any law.
6. LICENSE GRANT. You shall retain all ownership rights in your Submission. However, by submitting your Submission, you acknowledge that, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, you grant to Rodale and its partners, vendors, production companies, and programming and content distributors, and the parents, affiliates, subsidiaries, licensees, successors and assigns of all of the foregoing (collectively, the "Sponsor Parties") a non-exclusive, perpetual, worldwide, royalty-free, fully paid up license to make use of and distribute your Submission, as well your name, voice, likeness and appearance therein and the personally identifying information you provide on or in connection therewith.
7. WARRANTY. You represent and warrant that your Submission is your original work and that you have secured any and all rights, releases and permissions necessary for the Sponsor Parties' use and distribution of your Submission hereunder. You represent and warrant that, to the best of your knowledge, no further permissions or fees are due for the Sponsor Parties' use and distribution of your Submission. You further represent and warrant that any statements made by you or others in the Submission are true to the best of your knowledge and that the Submission will violate any law or regulation or violate or infringe upon the rights of any third party.
8. WAIVER OF RIGHT OF APPROVAL. You hereby waive any right of inspection or approval of your Submission as used and distributed by the Sponsor Parties, including without limitation any approval of your appearance and/or use of your name therewith or the uses to which either may be put.
9. RELEASE AND WAIVER; INDEMNIFICATION. By participating in the Casting Call and submitting the Submission, you agree to release and hold harmless Sponsor and its respective subsidiaries, affiliates, suppliers, distributors, and advertising/promotion agencies, and each of their respective parent companies and each such company's officers, directors, employees and agents (collectively, the "Released Parties") from any and all claim, cause of action, or liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury, emotional distress, invasion of privacy, misappropriation of name and likeness, infringement, defamation, death, or damage to or loss of property which may occur in connection with the Casting Call, the Submission, and the use, distribution, airing, posting or any other use of the Submission. In addition, you acknowledge that the Sponsor Parties will rely on the foregoing terms and conditions potentially at substantial cost to them, and you hereby waive the right to assert any claim of any nature whatsoever against any party relating to the exercise of the rights and permissions granted hereunder. You agree to indemnify, defend and hold harmless the Sponsor Parties from any and all claims arising from their use and distribution of your Submission.
10. NO RIGHT TO COMPENSATION. Each person who submits a Submission understands and acknowledges that the Sponsor Parties have wide access to ideas, stories, content and material, and that new ideas are constantly being submitted to the Sponsor Parties or being developed by their own employees. Many of these ideas may be competitive with, similar or identical to the Submission in theme, idea, format or other respects. In this regard, you understand that no credit, compensation or other recourse will be provided to you as a result of your participation in this Casting Call. Further, by submitting your Submission for this Casting Call, you understand and agree that you will not be entitled to any compensation for use of your Submission, or your name, likeness, photograph, voice, biographical information, or any other information submitted by you.
11. FORUM SELECTION CLAUSE. Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of you or Sponsor Parties in connection with the Casting Call shall be governed by, and construed in accordance with, the laws of the Commonwealth of Pennsylvania without giving effect to any choice of law or conflict of law rules (whether of the Commonwealth of Pennsylvania, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Commonwealth of Pennsylvania. In addition, any dispute relating to the Casting Call shall be brought in the appropriate state or federal court having jurisdiction over the subject matter located in the County of Lehigh, Pennsylvania. Participants in the Casting Call hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non conveniens or lack of personal jurisdiction they may have.
12. RIGHT TO CANCEL, MODIFY OR DISQUALIFY. Sponsor reserves the right to cancel, suspend and/or modify the Casting Call, or any part of it, in Sponsor's sole discretion.
13. LIMITATIONS OF LIABILITY. The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Casting participants, printing errors or by any of the equipment or programming associated with or utilized in the Casting Call; (2) incomplete, lost, late, misdirected, or illegible Submissions or for failure to receive Submissions due to any cause, including without limitation human, transmission, or technical problems, failures, or malfunctions of any kind, whether originating with sender, with the Release Parties, Sponsor Parties or otherwise, that may limit a Casting participant's ability to participate in this Casting Call; (3) unauthorized human intervention in any part of the entry process or Casting Call; (4) technical or human error which may occur in the administration of the Casting Call or the processing of Submissions; (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participation in the Casting Call or use of any information or material submitted for the Casting Call in the manner described in these Terms and Conditions; or (6) a Casting participant's claim that he or she has somehow been defamed or portrayed in a false light. UNDER NO CIRCUMSTANCES WILL ANY CASTING PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES, AND/OR ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED.
14. Sponsor: Rodale Inc., 400 South Tenth Street, Emmaus, Pennsylvania 18098-0099, publisher of "Women's Health" magazine ("Sponsor").