The Bombshell Bikini Challenge® 2018 – 2019 – Official Rules
Sponsored by: Bombshell Fitness, LLC in the United States
1. Contest Period. The Bombshell Bikini Challenge 2018 (“Contest”) begins on May 17, 2019 at 12:01:00 AM Eastern Standard Time (“EST”) and ends on July 31, 2019 at 11:59 PM EST, unless earlier terminated or extended by Sponsor in its sole discretion (“Contest Period”). Within the Contest Period are a Preliminary Round Entry Period, a final Round Submission Period, and a Final Round Public Voting Period, which are explained in detail in below in Sections 4, 5, and 6.
Contestants who submit all required submission materials and complete all other requirements herein as determined by the Sponsor in accordance with these Officials Rules will have entered the Contest and be considered for judging and eligible to receive a prize. Entries submitted after the expiry of the Preliminary Round Entry Period will not be accepted and thus will not be eligible for judging or voting in the Contest. These official rules (“Official Rules”) govern the Contest, and Sponsor’s computer is the official time-keeping device for the Contest. Sponsored by: Bombshell Fitness, LLC (“Sponsor”).
2. Eligibility. The Contest is open to anyone that is a legal resident of the fifty (50) United States (including the District of Columbia), Puerto Rico, Canada, and the United Kingdom, and where not prohibited by law who are at least eighteen (18) years of age or the legal age of majority in the place of domicile at the time of entry. Additionally, Non-Bombshell Members pay a $159 challenge registration fee; VIP Bombshell Members not attending 2019 BOMiCON pay a $100 registration fee, and VIP Bombshell Members Attending 2019 BOMiCON that registered and paid the deposit for 2019 BOMiCON by April 26, 2019 shall participate in the challenge for free. Employees, officers, directors, ambassadors, and agents of Sponsor or its parents, subsidiaries, and affiliates, and members of their immediate families (spouses, parents, siblings and children, regardless of where they live) and those living in the same household are not eligible to enter or win. Individuals who have participated in a test group or study of Sponsor and whose results are due at least in part to such test group or study are not eligible to enter. Winners of any prior transformation or similar contest sponsored in whole or in part by the Sponsor, including prior Bombshell Fitness Challenge contests or any other transformation-based contests, are eligible to enter the Contest by submitting all new materials in compliance with these Official Rules along with new “before” pictures and measurements that verifiably post-date the “after” picture and measurements submitted as part of the winning entries in such prior contests. Sponsor reserves the right to verify the eligibility of winners. Participation in the Contest constitutes your full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Contest.
3. Contest Description. Subject to the terms and conditions herein, during the Preliminary Round Entry Period, you (“you”) will have the opportunity to submit:
One front and one back photo in shorts and a sports bra, or a swimsuit. Your before and after photos must be taken within 48-hours of submission. For the best results, wear the same outfit and be in the same pose for the before and after pictures.
Complete your first set of measurements and fitness test parameters and log on the sheet provided.
Persons whose appearance or fitness or health transformation is, in whole or in part, the result of non-medically necessary plastic/cosmetic surgery, liposuction, steroids, human growth hormone, or any unnatural method of body enhancement or weight reduction of any kind are not eligible to enter the Contest and any such entries may be disqualified in Sponsor’s sole and absolute discretion. In addition, persons whose fitness or health transformation is not related to the use of one or more Bombshell Fitness Programs (including through the use of free Bombshell workouts), supplements or other nutritional products may be disqualified, in Sponsor’s sole and absolute discretion.
4. How To Enter. In order to enter the Contest and be eligible to win a prize, you must meet all eligibility requirements herein and have provided all information required on your Team Bombshell account information page (not your public profile), including your current full name, age, gender, email, home address and telephone number. You must then submit a complete and valid Preliminary Round Entry, which must adhere to the following guidelines:
Step 1. Register for the Challenge by Wednesday, May 15, 2019 in order to start officially on Friday, May 17, 2019. Late entries will be accepted through June 14, but additional time to complete the challenge will not be provided.
Step 2. Upload two before pictures, one front and one back in shorts and a sports bra, or a swimsuit. Your before and after photos must be taken within 48-hours of submission. For the best results, wear the same outfit and be in the same pose for the before and after pictures.
Step 3. Pay the registration fee. Non-Members pay $149.00 challenge registration fee, V.I.P. Members not attending 2019 BOMiCON pay $100.00 challenge registration fee, and V.I.P. Members attending BOMiCON that have registered and paid the 2019 BOMiCON deposit by April 26, 2019 participate in the challenge for free. V.I.P. Members attending BOMiCON 2019 must have paid BOMiCON registration deposit to be eligible for the free registration. If V.I.P. Member attending 2019 BOMiCON cancels their 2019 BOMiCON attendance after the challenge has begun on May 17, 2019, the deposit for BOMiCON and $100.00 Challenge Registration fee are due.
Step 4. Join the Challenge Private FaceBook Page. Challenge participants will be invited to join within days of registering for the challenge.
Step 5. Complete your Preliminary measurements and fitness tests and log onto your challenge checklist before the challenge start date of May 17, 2019.
I. Required Materials.
(A) Photographs: You must submit a minimum of one (1) “before” and one (1) “after” photograph exhibiting your physical transformation, which are clearly dated as closely as possible to the date on which the photographs were actually taken. Additionally, you may submit up to eight (8) optional photographs that exhibit your physical transformation. You must designate one (1) “before” photograph and one (1) “after” photograph as the primary photographs that will be displayed to the Bombshell community. Your designation of any primary photographs is not binding on the Contest judges, who have sole discretion to select which photos they will use to judge this portion of your Preliminary Round Entry. Your “before” and the “after” photograph(s) must be dated within 48-hours of the Preliminary Round Entry, and Final Round Submission period dates as provided.
(B) Video: Video submission of two minutes or less describing your transformation experience and motivation for participating in the challenge. Submissions should also include what participants learned along the way. Videos may be submitted via Google Drive, YouTube or Bombshell Fitness provided link.
(C) Measurement /Fitness Test Tracking Sheet: Completion of the Measurement and Fitness Test tracking sheet with data entries at challenge start, weeks 2, 4, 6 and final week submission. Measurements are chest, waist, hips, left and right arms, left and right thigh, left and right calf, as defined by the diagram provided to challenge participants. Fitness tests are number of repetitions completed within one minute for each of the following, burpees, push-ups, sit-ups, and the length of time to run one mile.
Photograph Requirements. Your photographs must show your body from head-to-toe, your entire face must be clearly visible in the photograph in order to be valid, and should be of the best quality possible, as image quality is part of the Preliminary Round Judging Criteria. Photos must be a minimum of 100 KB in size. To the extent possible, your “before” and “after” photographs should be similarly posed with similar clothing or be composed so that the nature and extent of your physical transformation is evident. Photographs must, to the extent possible, be of you alone with no other human subjects. You must own the rights to all photographs and essay question answers submitted as part of your Preliminary Round Entry and you must have full authority to grant or dispose of such rights at all times, including at the time of submission and at the time any prize may be awarded. Photographs may not be altered, retouched, or modified to enhance the appearance of your transformation. Any video content submitted must be original to you and must not be in any way copied, plagiarized, or taken from any other work, or edited by another individual. Sponsor reserves the right to disqualify any Preliminary Round Entry that includes photographs, video or other materials that are deemed, at Sponsor’s sole discretion, to violate the rights of any third party, or that contain any content that is lewd, pornographic, false, doctored, enhanced, offensive, or inappropriate in any manner.
Preliminary Round Entry Limits Limit one (1) Preliminary Round Entry per individual during the Preliminary Round Entry Period. It is your responsibility to update your Bombshell profile contact information as necessary.
5. How Will Entries Be Judged?
Photographs (50%): The overall transformation of a contestant’s physical appearance will constitute twenty-five percent (25%) of the overall judging score, and the quality of the photographic image (including photo resolution and composition), will constitute an additional twenty-five percent (25%) of the overall judging score, for a total of fifty percent (50%) of the overall judging score.
Fitness Statistics (25%): The overall healthiest transformation result as evidenced by statistical changes (including weight loss and muscle gain) will constitute twenty-five percent (25%) of the overall judging score.
Video (25%): Videos will be judged on content, transformation journey, what member learned, and motivation for the challenge.
Tie Breaker. In the unlikely event of a tie in the judging, the potential winner(s) will be selected based on the highest ranking combined “Photographs” score. If there is still a tie, the potential winner(s) will be selected based on the highest ranking “Fitness Statistics and Video” score(s).
6. How To Enter. In order to be eligible to participate in the Final Submission Round, you must have completed all the steps required in the Preliminary Entry Round as determined by the Sponsor in accordance with these Official Rules and meet all other requirements herein. To enter the Final Submission Round and be eligible for judging, you must submit a complete and valid Final Submission Round Entry during the Final Submission Round Entry Period, which must adhere to the following guidelines:
Final Round Submission Materials During Final Submission Round Entry Period, you must submit all of the following materials via an online Smartsheet entry page, the URL for which will be communicated by Sponsor to the Preliminary Round entrants via email prior to the Final Round Entry Period (collectively, the “Final Round Submission Materials”). Your Final Round Submission Materials along with the information required on your Team Bombshell account information page collectively constitute a “Final Round Entry.” Final Round Entries submitted after the expiry of the Final Round Entry Period will not be counted and will be disqualified.
I. Required Materials.
(A) Photographs: You must submit at least one (1), but not more than three (3), photographs which depict your actual, current physical appearance, and which were taken any time on or after July 13, 2019 at 9:00 am EST and before July 15, 2019 at 11:59pm EST. Your photographs must include at least one front, full-length view (you must be visible head-to-toe), and one front photo and one back photo in an outfit similar to your original Preliminary Round entry submission, in the same pose.
(B) Body Weight: You must submit your current weight and optionally include your Challenge Measurement/Fitness Tracking sheet with your measurement and fitness scores including entries for the challenge start, weeks, 2, 4, 5 and final measurements and scores that are on the same day as the photograph(s) mentioned in Section 6.I.(A) above.
(C) Video: You must submit one (1) video no more than sixty (120) seconds in length introducing yourself and discussing the results you have achieved on your fitness journey, including how your quality of life has been impacted. The quality of your video and your ability to effectively share your story on camera is part of the Final Round Judging Criteria. Any part of your video that exceeds the 60-second limit will not be considered for judging.
Final Round Photograph and Video Requirements. Your photographs must show your body from head-to-toe and should be of the best quality possible, as image quality is part of the Final Round Judging Criteria. Photos must be a minimum of 100 KB in size. Photographs and videos must, to the extent possible, be of you alone with no other human subjects. You must own the rights to all photographs and video content submitted as part of your Final Round Entry and you must have full authority to grant or dispose of such rights at all times, including at the time of submission and at the time any prize may be awarded. Photographs and videos may not be altered, retouched, or modified to enhance the appearance of your transformation. Sponsor reserves the right to disqualify any Final Round Entry that includes photographs, video content or other materials that are deemed, at Sponsor’s sole discretion, to violate the rights of any third party, or that contain any content that is lewd, pornographic, false, doctored, enhanced, offensive, or inappropriate in any manner.
Entry Limits. Limit one (1) Entry per individual. It is your responsibility to update your Bombshell Fitness profile contact information as necessary
7. How Will the final Round Entries Be Judged? Finalists selected by Sponsor based on the following criteria (“Final Round Judging Criteria”):
Photographs and Video (50%): The overall transformation of a contestant’s physical appearance will constitute twenty percent (20%) of the overall judging score, and the quality of the photographic image (including photo resolution and composition) will constitute an additional fifteen percent (15%) of the overall judging score. The video submission denoting transformation and members journey during the challenge will constitute for fifteen percent (15%) of the overall judging score.
Final Round Public Vote and Internal Judging Panel (50%): Finalists transformation pictures for challenge entry and Final round consideration, and video submission entry will be available for viewing and voting by the public on the Sponsor’s website. Voting will be from July 12, 2018 at 12:01am EST and will close on July 19, 2018 at 11:59PM EST. Public Vote will constitute for twenty-five percent (25%) of overall judging score. Internal Judging panel will also vote on photo entry and Final round submissions, along with video entry submissions, and will constitute for twenty-five percent (25%) of overall judging score.
Tie Breaker. In the unlikely event of a tie in the Final Round judging, the potential winner(s) will be selected based on the highest ranking combined “Photographs” score. If there is still a tie, the potential winner(s) will be selected based on the highest ranking “Video” score.
Restrictions Around Obtaining Online Votes: Contestants are prohibited from obtaining online votes in the Final Round by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to prospective voters, as determined by Sponsor in its sole discretion. Use of “dummy” accounts, scripts, macros or any fraudulent or automated system to vote or with the intent to impair the integrity of the voting process is prohibited and all such votes will be voided. Sponsor reserves the right, in its sole and unfettered discretion, to nullify all votes obtained via such means and to disqualify contestants who are found to be engaging in such conduct from the Contest.
Verification of Potential Winners: All potential winners are subject to verification by Sponsor, whose decisions are final and binding in all matters related to the Contest. A contestant or personally sponsoring Coach is not a winner of any prize unless and until eligibility has been verified and contestant or personally sponsoring Coach has been notified that verification is complete.
9. PrizesSubject to these Official Rules and Sponsor’s application of the applicable judging criteria, the prizes are as follows:
Finalist PrizeThe Finalist will be awarded a prize consisting of one (1) $2,500 voucher on either Carnival or Princess cruise line for an all inclusive cruise vacation for the Finalist and one (1) travel companion to depart from the port of their choice on the East Coast or West Coast of the United States. For Carnival Cruise Line the Finalist will depart from an East Coast port that Carnival Cruise Lines has availability at. For Princess Cruise Line the Finalist will depart from a West Coast port that Princess Cruise Line has availability from. The Approximate retail value (“ARV”) of the Trip: $2,500.00. Finalist will be responsible to book their travel, excursions, and cruise. Only the gift voucher for the cruise will be provided. Finalist and his/her travel companion must be available for travel prior to the voucher expiration date or the Trip will be forfeited. See below for additional Trip details and restrictions. In addition, the Finalist will be awarded a prize consisting of (1) custom made bikini from MJWear, Prize Pack valued at $150 from B-Couture, Prize Pack valued at $100 from Bombshell Nutrition, One-on-One posing / walking session with Swagger Posing, and one glam makeup consultation from ICE Tanning, Makeup, and Hair. The total prize value for the Finalist prize is valued over $3,500.00 (“Finalist Prize”).
Runner-up Prize. Each of the two (2) runners-up (i.e., the two Finalists who do not receive the Grand Prize) will be awarded a prize consisting of (1) Cruise Voucher from either Carnival or Princess Cruise Lines valued at $850.00, following the same terms and conditions as the Finalist prize above; (1) custom made bikini from MJWear, Prize Pack valued at $150 from B-Couture, Prize Pack valued at $100 from Bombshell Nutrition, One-on-One posing / walking session with Swagger Posing, and one glam makeup consultation from ICE Tanning, Makeup, and Hair. The prize value for the runners-up prizes is valued over $1,500.00 (“Runner-up Prize”).
Weekly Prizes. One prize each week to the challenge participant posting using the challenge hashtags will be selected by internal judging panel. Weekly prizes are valued over $100.00.
All dollar amounts stated in these Official Rules are in U.S. Dollars. The value of the Trip represents Sponsor’s good faith determination of the retail value thereof. Total ARV of all prizes: $7,300.00. Trip is not redeemable for cash. Prizes are not assignable or transferable. No exchanges and no substitutions are permitted, except if a prize is unavailable, in which case a prize of equal or greater value will be awarded, at Sponsor’s sole discretion. Any other incidental expenses relating to the prize not specified herein are the winner’s sole responsibility. Prize winners are solely responsible, at their own cost, for all matters relating to the prize, including but not limited to all federal, state and local taxes. It is the sole responsibility of each prize winner to seek independent counsel regarding personal tax implications. Other restrictions may apply. Sponsor will not replace any lost, stolen or undeliverable prizes. You agree to reimburse Sponsor for any prize fraudulently obtained by you. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, THE PRIZES ARE AWARDED “AS IS” AND SPONSOR DOES NOT MAKE ANY, AND HEREBY DISCLAIMS, ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE PRIZES.
Additional Trip Details/Restrictions. With respect to the Trip, all other travel-related expenses not specifically set forth above, including but not limited to, ground transportation to/from home, taxes, fees, gratuities, incidentals, upgrades, insurance, service charges, airport surcharges, luggage fees, departure taxes, food & beverage, and personal expenses such as telephone/Internet charges and gift shop purchases, are the sole responsibility of Finalist. Finalist and travel companion are responsible for obtaining proper travel documentation, including passports and visas, as applicable and to comply with any customs and immigration requirements. Sponsor is not responsible if a winner and/or their travel companion (as applicable) are denied entry to, or re-entry to, or from, any aircraft, train, coach etc. or any country or any venue or accommodation related to any prize. Actual retail value of the Trip may vary depending on the location of the Finalist’s residence and may fluctuate due to market conditions, changes in value of components, (e.g., air transportation and hotel rates) and other reasons. All reservations are based on availability and restrictions may apply. Trip cannot be combined with other offers. Finalist and his/her travel companion are responsible for obtaining any travel insurance (and all other forms of insurance) that they may wish to obtain at their own expense and hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. Advance booking requirements and travel restrictions may apply. Photo identification and credit card or cash deposit may be required at any time for incidental charges (e.g., room service, use of telephone/IT services, Internet, laundry and all other optional extra services not provided in the Trip). If Finalist elects to travel or partake in the Trip with no travel companion, no additional compensation will be awarded. If weather or other incidents or conditions beyond the control of Sponsor affects the ability for Finalist and his/her travel companion to participate in any portion of Trip, then the Sponsor shall have no further obligation to the Finalist and/or travel companion other than to supply the remaining elements of the Trip package. Sponsor shall not be responsible for any cancellations, delays, diversions or substitutions, or any acts or omissions whatsoever by the air carriers, hotel, transportation companies, or any other persons or entities providing any Trip-related services or accommodations. Sponsor is not liable for expenses incurred as a consequence of flight cancellation/delay. If for any reason whatsoever, Finalist and/or travel companion are unable to travel after all travel arrangements have been made and paid, Sponsor shall have no further obligation to the Finalist.
In the event the Finalist or his/her travel companion engages in behavior that, as determined by Sponsor in its sole discretion, is threatening, illegal, or intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the Trip early, in whole or in part, and send the Finalist and his/her travel companion home with no further obligation. In the event a Finalist or his/her travel companion engages in behavior during travel that is illegal, tortious, or subjects the Finalist or his/her travel companion to arrest or detention, Sponsor shall have no obligation to pay any damages, fees, fines, judgments or other costs or expenses of any kind whatsoever incurred by Finalist or his/her travel companion as a result of such conduct.
10. ReleaseYOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT THE CONTEST AND YOUR PARTICIPATION IN ANY ACTIVITIES IN CONNECTION WITH THE CONTEST (COLLECTIVELY, “ACTIVITIES”) MAY HAVE POTENTIALLY SIGNIFICANT AND INHERENT RISKS AND DANGERS THAT NO AMOUNT OF CARE, CAUTION, INSTRUCTION, OR EXPERTISE CAN ELIMINATE. YOU HEREBY ACKNOWLEDGE AND WILLINGLY, EXPRESSLY AND VOLUNTARILY ASSUME ALL THESE RISKS WHICH MAY RANGE FROM MINOR INJURIES TO SEVERE PERSONAL AND/OR BODILY INJURY, DEATH OR DAMAGE TO OR LOSS OF PROPERTY OR PRIVACY, AND ANY RESULTING DAMAGES OR EXPENSES. YOU AGREE THAT YOU WILL NOT PARTICIPATE OR BE INVOLVED IN THE ACTIVITIES UNLESS YOU ARE IN THE PROPER PHYSICAL CONDITION (INCLUDING BY OBTAINING PROPER ADVICE FROM YOUR MEDICAL PROVIDER IF APPLICABLE) AND WILL IMMEDIATELY STOP ANY ACTIVITY IF YOU FEEL PAIN, DIZZINESS OR OTHER DISCOMFORT. By participating in the Contest in any way, uploading or making any Entry for consideration (for purposes of applicable Sections, the term “Entry” is used to refer to a Preliminary Round Entry and a Final Round Entry, both individually and collectively) or taking receipt of or using any prize that may be awarded, you agree to release and hold harmless Sponsor, Team Bombshell, and their respective parent companies, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees, and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property or privacy arising out of your participation in the Contest, the Activities, any posting online or otherwise of any part of your Entry for voting or otherwise, and/or receipt or use or misuse of any prize that may be awarded. NOTHING IN THESE OFFICIAL RULES SHALL DISCLAIM, LIMIT OR EXCLUDE LIABILITY FOR ANY LIABILITY WHICH MAY NOT BE DISCLAIMED, LIMITED OR EXCLUDED PURSUANT TO APPLICABLE LAW.
11.Your Content; LicenseBy uploading or submitting an Entry in the Contest, including any information, text, images, audio, video and any other content (collectively, “Your Content”) and otherwise entering the Contest, you represent that (a) the Entry and Your Content is truthful, original to you and does not contain any material that would defame or otherwise violate or infringe upon the rights of any third party, including any patent, trademark, publicity, privacy, moral, trade secret, copyright and/or other proprietary rights, and does not violate any applicable federal, state, local or other laws or ordinances, (b) you own or have the necessary licenses, rights, consents and permissions to use and allow the use of the Entry and Your Content, including any and all patent, trademark, publicity, privacy, moral, trade secret, copyright, and/or other proprietary rights therein, and (c) you have the written consent, release, and/or permission of each and every identifiable person in the Entry and Your Content to use such person’s name or likeness in the Entry and Your Content for the uses contemplated herein. You represent that you have not copied or in any way taken any of the Entry or Your Content from any third party.
Further, by making or submitting any Entry and Your Content, you expressly grant the Released Parties a perpetual, worldwide, royalty-free, sub-licensable, and transferrable right and license to host, store, modify, use, distribute, reproduce, excerpt, adapt, prepare derivative works of, publicly perform and display, publish, and make any other use of your Entry and Your Content in any and all media now known or hereinafter devised, as determined by Sponsor in its sole discretion. This includes, but is not limited to, the right and license to modify, use, distribute, reproduce, excerpt, adapt, prepare derivative works of, publicly perform and display, publish and make any other use of the Entry and Your Content and all aspects thereof: (a) in and in connection with any product, recording, video, advertisement, infomercial, or any advertising or promotional material; and (b) on BombshellFitness.com, or any other website or webpage owned, operated by or related to Sponsor. You grant Sponsor the right and license to use the Entry and Your Content and all aspects thereof, as set forth herein, in any way Sponsor determines whether with or without providing any attribution or compensation to you, except where prohibited by law. You hereby waive any and all moral rights or rights of a similar nature in and to your Entry and Your Content. Notwithstanding the foregoing, you expressly acknowledge and agree that nothing herein shall require Sponsor to utilize any portion of Your Content. You agree to indemnify the Released Parties from and against all third-party trademark, copyright, intellectual property, right of publicity or other claims arising out of the use of the Entry and Your Content.
13. General ConditionsVoid in any country outside of the United States of America, Canada, the United Kingdom, and where prohibited by law. Winning or accepting any prize that may be awarded in the Contest is contingent upon fulfilling all tax, regulatory, and legal obligations (including completion of any forms required in connection therewith) and any other requirements set forth in these Official Rules, which shall all be solely at each contestant’s obligation. The judging panel’s decisions shall be final and no correspondence shall be entered into. The submitting of an Entry confirms your full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Contest. Sponsor reserves the right to cancel, suspend, and/or modify the Contest and/or extend or delay the submission periods, judging periods, winner announcements, prize awards, or any part of thereof for any reason, due to force majeure (e.g. an act of war or terror), or if any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest in any manner, or for any reason related to the administration of the Contest, as determined by Sponsor in its sole discretion. In the event the Contest is not capable of running as planned, including due to infection by computer virus or bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor, which corrupt or affect the operation, administration, security, fairness, integrity or proper conduct of the Contest, Sponsor may, in its sole and absolute discretion and without any fault or liability, void any suspect entries and (a) cancel the Contest; (b) modify the Contest or suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules; and/or (c) award the prize from among the eligible, non-suspect Entries received up to the time of the impairment in accordance with the criteria in these Official Rules. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be involved with tampering with the entry process or the operation of the Contest, or to be acting in violation of these Official Rules, or in an unsportsmanlike or disruptive manner. Sponsor’s failure to enforce any provision or term of these Official Rules shall not constitute a waiver of that provision or any other provision herein.
14. Limitation of LiabilityYou recognize and agree that the Released Parties are not responsible for: (1) any injury to you or any other party, and any other personal or property damage that may be caused or that may occur as a result of your attempting to create the Submission Materials or Entry; (2) any incorrect or inaccurate information, whether caused by you or another contestant, printing errors, or by any of the equipment or programming associated with or utilized in the Contest; (3) technical failures of any kind, including, but not limited to, malfunctions, interruptions, or disconnections in phone lines, cable connections, or network hardware or software; (4) technical or human error which may occur in the administration of the Contest or the processing of entries, prize notification, and/or winner confirmation; (5) any lost, late, delayed, corrupted, undelivered, or undeliverable Entry or prize notification; (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from your participation in the Contest, or receipt or use or misuse of any prize that may be awarded; or (7) any cancellations, delays, diversions or substitutions, or any acts or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, third party prize providers or any other persons involved in providing any prize/rewards-related goods, services or accommodations. If for any reason your Entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, your sole remedy is another Entry in the Contest, provided that if it is not possible to award another Entry due to discontinuance of the Contest, none shall be awarded.
BY PARTICIPATING IN THE CONTEST, YOU AGREE THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, AND IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ENHANCED DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE CONTEST OR YOUR PARTICIPATION IN THE CONTEST, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT SPONSOR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. YOU AGREE THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. WITHOUT LIMITING THE FOREGOING, SPONSOR’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS, JUDGMENTS AND/OR AWARDS ARISING OUT OF THIS CONTEST, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED, WILL BE LIMITED TO AND WILL NOT EXCEED $25. NOTHING IN THESE OFFICIAL RULES SHALL DISCLAIM, LIMIT OR EXCLUDE LIABILITY FOR ANY LIABILITY WHICH MAY NOT BE DISCLAIMED, LIMITED OR EXCLUDED PURSUANT TO APPLICABLE LAW.
ADDITIONALLY, FOR CONTESTANTS RESIDING IN THE UNITED KINGDOM ONLY: EXCEPT IN THE CASE OF DEATH OR PERSONAL INJURY ARISING FROM ITS NEGLIGENCE OR IN RESPECT OF FRAUD AND SO FAR AS IS PERMITTED BY LAW, SPONSOR AND ITS ASSOCIATED COMPANIES AND AGENTS EXCLUDE RESPONSIBILITY AND ALL LIABILITIES ARISING FROM ENJOYMENT OF THE PRIZE OR FOR ANY POSTPONEMENT, CANCELLATION, DELAY OR CHANGES TO THE CONTEST OR THE PRIZES WHICH ARE BEYOND THE SPONSOR’S CONTROL AND FOR ANY ACT OR DEFAULT OF ANY THIRD PARTY SUPPLIER.
15. Disputes The specific dispute resolution terms in Section 9 of the Bombshell Terms and Conditions apply to this Contest. These dispute resolution terms outline specific terms relating to the governing law and jurisdiction applicable to this Contest based on your place of residence. For U.S. and Canada residents, these terms additionally include binding individual arbitration and waiver of class actions and class arbitration terms. For U.S. residents, those terms may be found here; for residents of Canada, those terms may be found here; for UK residents, those terms may be found here.
17. Official Rules Request; Winner Confirmation Request. For a copy of the winners list or these Official Rules, send a hand-printed, self-addressed, stamped envelope to Bombshell Bikini Challenge at 7680 Universal Blvd., Suite 170, Orlando, FL 32819 Requests must be received by August 31, 2019.
7680 Universal Blvd., Suite 170
Orlando, FL 32819
© 2019 Bombshell Fitness, LLC. ALL RIGHTS RESERVED.
Issued: April 19, 2019