Kaged “Kaged 2023 TRANSFORMATION CHALLENGE” Contest 2023 (the “Contest”)
Official Contest Rules (the “Contest Rules”)
NO PURCHASE NECESSARY TO ENTER
Void Where Prohibited By Law
SPONSOR AND OVERVIEW: This Contest is sponsored by Kaged, 17872 Gillette Ave, #475 Irvine, CA 92614 (“Kaged” or “Sponsor”). The Contest starts on January 9, 2023 at 06:00:01 AM Pacific Time (“PT”) and closes on February 27, 2023 at 11:59:59 PM PT (the “Contest Period”). The “Sign-up Phase” starts on January 3, 2023 at 06:00:01 AM PT and closes on January 8, 2022 at 11:59:59 PM PT. See Paragraph 3 for important deadlines and process for submitting Before and After Photos. All Entrants will have forty-nine (49) consecutive calendar days to achieve their Body Transformation beginning on January 9, 2023 and ending on February 27, 2023 (the “Transformation Phase”). The “Judging Phase” starts on March 2, 2023 and ends on March 7, 2023. Selected Entrants will be contacted on March 8, 2023 and must claim their prize by March 17, 2023.
2. ELIGIBILITY:This Contest is open to all natural persons who meet the below requirements and enter in accordance with Paragraph 3 of these Contest Rules (“Entrant(s)”). To enter and be eligible to win a prize, an Entrant:
1) Must be a legal resident of the United States of America, Canada (excluding Quebec), or the United Kingdom, at the time a Before Photo is submitted and including at the time a prize is awarded/fulfilled;
2) Must have reached eighteen (18) years of age or the legal age of majority in his/her state, province, or country of residence, whichever is greater, at the time a Before Photo is submitted;
3) Must not be: (i) a member of the judging panel, an employee or representative of Sponsor or of its parent and affiliated companies, of its subsidiaries, prize suppliers, distributors and advertising or promotional agencies; or (ii) a member of the immediate family of any of the above persons (“immediate family” means spouses, parents, children, and siblings); or (iii) a person domiciled with any of the above persons;
4) Must provide Sponsor with proof of residence, identification, and age upon request;
By entering the Contest, Entrants agree to abide by these Contest Rules and the decisions of Sponsor which are final.
3. HOW TO ENTER. NO PURCHASE NECESSARY: To enter this Contest, visit the Kaged 2023 Transformation Challenge page onwww.kaged.com (the “Website”) and complete each of the following requirements (“Entry”):
1) “Sign-up Phase”: Between January 3, 2023 at 06:00:01 AM PT and January 8, 2023 at 11:59:59 PM PT, submit your full legal name and email address on the Website.
2) “Before Photo” Submission Process:You must upload yourBefore Photoat the time you register (you cannot return to the Website later to upload your Before Photo).
3) Before Photo Requirements: Each Entrant must take one (1) original Before Photo of him/herself while holding a newspaper showing the date of the photograph.
4) Transformation Phase: On January 9, 2023 Kaged will release the materials for the Training Program and all Entrants who completed Sign-up and submitted a Before Photo pursuant to these Contest Rules may begin following the program to transform their physiques. To complete Entry in the Contest, submit an “After Photo” no later than 11:59:59 PM PT on March 1, 2023. For greater clarity, you may upload your After Photo on the final day of your Body Transformation (Day 49; February 27, 2023) if scheduling permits, or on the following 2 days (Day 50 or 51) by 11:59:59 PM PT on March 1, 2023. Upload an After Photo of only yourself which includes a newspaper dated with the same date your photo was taken (ensure the newspaper date is visible in the photo).
Limit of one (1) Entry per person during the Contest Period. Entries submitted become the property of Sponsor. Sponsor’s computer software and systems are the official time-keeping device for the purpose of determining when Entries are received by Sponsor (including submitted personal data and photos) and for all other purposes in connection with this Contest. See Paragraph 15 for details about privacy and data protection.
Entrants represent and warrant that their Entry (including photos) is their original work, has not been previously published, has not won previous awards, and does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity and must have been created in a legal, safe and otherwise responsible manner. If the Entry contains any material or elements that are not owned by the Entrant or provided with permission by Sponsor, and/or are subject to the rights of third parties, the Entrant is responsible for obtaining, prior to submission of the Entry, any and all releases and consents necessary to permit the use and exhibition of the Entry by Sponsor in the manner set forth in these Contest Rules, including, without limitation, name and likeness releases.
Entries may not contain any image or depiction of the following: (i) materials which include or constitute trademarks, trade names or copyrighted works created or owned by any person or entity other than Entrant or for which the Entrant has obtained owner’s written permission to use, subject to Sponsor’s sole discretion; (ii) materials bearing profanities, or bearing the name or likeness of any celebrity, living or dead; (iii) materials which contain visible identifiable or potentially identifiable personal information, including but not limited to, phone numbers, website links, street addresses, e-mail addresses or license plate numbers; (iv) inappropriate behavior for a general audience; (v) any depiction of real or simulated sexual acts; (vi) violence in any form; (vii) materials which violate anyone’s reasonable privacy expectations, violate any known agreement, or which are defamatory in nature; (viii) materials which are derogatory to Sponsor, or any affiliated entity or person; (ix) materials which are discriminatory based on race, religion, national origin, physical disability, age, sex, or sexual orientation or preference; (x) materials in which any person identifiably appears unless Entrant has obtained an appropriate written release from such person granting all rights required herein; and, (xi) materials which do not comply with all other requirements pursuant to these Contest Rules. Entries that do meet these requirements will be disqualified. Sponsor reserves the right to reject or disqualify any Entry which Sponsor, in its sole and absolute discretion, determines to be inconsistent with the letter or spirit of the Contest Rules or potentially damaging to its, the Contest’s, or another’s image or reputation.
4. JUDGING CRITERIA: During the Judging Phase at Sponsor’s California office, a qualified panel of judges selected by Sponsor in its sole discretion will judge Entries on the following weighted criteria:
1) 50% Overall Body Transformation: Judges will compare the Entrant’s physical appearance in the Before and After Photos to assess overall Body Transformation, having regard to apparent improvement in various physical attributes including, but not limited to, muscularity, body fat, symmetry, and the like.
2) 50% Photo Quality: Judges will assess the quality of Entrant’s Before and After Photos based on various factors including, but not limited to, composition, lighting, pose, attire, grooming, and the like.
5. PRIZES: There is one (1) First Place Prize, one (1) Second Place Prize, and twenty (20) Runner Up Prizes. Sponsor will award the First Place Prize to one (1) Entrant with the highest score on the Judging Criteria pursuant to Paragraph 4. Sponsor will award the Second Place Prize to one (1) Entrant with the next highest scores on the Judging Criteria pursuant to Paragraph 4. Sponsor will award the Runner Up Prizes to twenty (20) Entrants with the next highest scores on the Judging Criteria pursuant to Paragraph 4. In the event of a tie, Sponsor will select the winner of a given prize by random draw between the tied Entrants. The odds of winning a prize depend on Entrant’s ability to achieve a requisite high score based on the Judging Criteria and on the number of eligible Entrants in any tie-breaker random draw, if applicable.
FIRST PLACE PRIZE: Consists of: (1) a check for USD $5,000; (2)Transformation featured across Kaged channels; (3) one (1) Thirty (30) minute coaching call with Kris Gethin; and (4) Kaged merchandise, which includes (1) Water bottle, one (1) T-shirt, and one (1) hat. Approximate value of First Place Prize is USD $5,675.
SECOND PLACE PRIZE: Consists of: (1) a check for USD $2,000; (2)Transformation featured across Kaged channels; and (3) one (1) Thirty (30) minute coaching call with Kris Gethin; and (4) Kaged merchandise, which includes one (1) water bottle, one (1) t-shirt, and one (1) hat. Approximate value of Second Place Prize is USD $2,675.
RUNNER UP PRIZES: Consists of: (1) $100 Kaged Gift Card. Approximate value of Runner Up Prize is USD $100.
Prizes must be accepted as awarded and no substitutions, transfers, conversions, or assignments of a prize will be allowed. Sponsor reserves the right, however, in its sole discretion, to substitute a prize with a similar prize of equal or greater dollar value for any reason whatsoever. Sponsor, in its sole and unfettered discretion, shall determine the authorized prize supplier(s). Prizes are non-refundable, non-negotiable, non-transferable, cannot be redeemed for cash or equivalent dollar value. Prizes will not be replaced if lost or stolen. Sponsor will not be responsible if weather conditions, event cancellations, or other factors beyond Sponsor’s reasonable control prevent a prize or part of a prize from being fulfilled. In any such event, a winner will not be provided with a substitute prize or cash equivalent.
6. NO WARRANTY: The Sponsor has neither made, nor is in any manner responsible for, any warranty or guarantee relative to the prizes, including, but not limited to, quality, mechanical condition, or fitness for a particular purpose. The only warranty applicable to any prize is the manufacturer’s or prize supplier’s warranty.
7. PRIZE AWARDING: Selected Entrants will be notified by email on March 8, 2023. Sponsor will use the selected Entrant’s email address as it appears on the Entry. No correspondence will be entered into except with selected Entrants. A “Declaration and Release” document, described in Paragraph 10, will be attached to the notification email. Selected Entrants must reply by email no later than March 17, 2023 at 11:59:59 PM PT and submit their signed Declaration and Release by this time (“Claim Deadline”). Where required by law (e.g. in Canada), selected Entrants must also correctly answer without assistance of any kind, whether mechanical or otherwise, a mathematical skill-testing question to be administered at a mutually convenient time. Once Sponsor verifies all documents and that selected Entrant has fulfilled all requirements pursuant to these Contest Rules, Sponsor will declare said Entrant an official winner who is entitled to receive a prize. Sponsor will deliver prizes to winners by mail. Sponsor will announce the official winners on the Website and in other media at Sponsor’s sole discretion.
In the event that a selected Entrant: (i) cannot be contacted or be reached; (ii) does not reply by the Claim Deadline; (iii) does not submit signed Declaration and Release documents by the Claim Deadline; (iv) does not correctly answer the skill-testing question where applicable; (v) refuses the prize is awarded; or (vi) does not comply with these Contest Rules in any way as determined by Sponsor in its sole discretion;the prize will be forfeited and said Entrant will have no recourse towards Sponsor or other Releases as defined in Paragraph 10, below. Sponsor reserves the right to select another Entrant from among all eligible entries received during the Contest Period, and in accordance with Paragraphs 3-4. If an Entrant dies before receiving, participating in, or using a prize, and proof of death is provided by the estate of deceased Entrant to Sponsor, then a payment equal to the dollar value of the prize shall be made to the estate of deceased Entrant. Return of any prize/prize notification as undeliverable may result in disqualification and selection of an alternate Entrant.
8. DISQUALIFICATION: Sponsor reserves the right in its sole discretion to disqualify at any time, any Entrant or winner from participating in the Contest and any future Contest or other promotion conducted by Sponsor, for any reason, including, but not limited to, that it finds or believes that person to be violating these Contest Rules or tampering with or abusing any aspect of this Contest or the operation of the Website or any other Sponsor-hosted website, or to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.
If an Entrant is disqualified, he/she forfeits the chance to win a prize. Should a winner make any false statement(s) to Sponsor, or is otherwise found to have engaged in conduct contrary to these Rules, said winner may be required to promptly return to Sponsor his/her prize or remit the full value thereof to Sponsor, at Sponsor’s sole discretion.
9. TAXES: Liability for any applicable taxes imposed by any federal, provincial/state and/or local government, on any prize won, is the sole responsibility of the winner. Grand Prize winners who are US residents will each receive a 1099-MISC IRS form for the value of the Prize.
10. RELEASES: Before being declared official winner(s), selected Entrant(s) will be required to sign aDeclaration of Compliance with Contest Rules and Publicity and Liability Release(“Declaration and Release”), thereby confirming compliance with the Contest Rules and acceptance of a prize is awarded, and releasing Sponsor, and its parent and affiliated companies, subsidiaries, advertising or promotional agencies, and each of their respective directors, officers, shareholders, owners, partners, employees, retailers, agents, servants, representatives, successors and assigns (collectively the “Releases”), from any actions, causes of action, suits, debts, claims, demands and liability whatsoever in connection with this Contest, any prize, the acceptance and/or use of any prize, or arising out of Entrant’s participation in this Contest. The Declaration & Release document will also include an Assignment whereby selected Entrant: (a) irrevocably assigns and grants, on behalf of the Entrant, him- or herself and his/her heirs, executors, administrators, successors and assigns, to Sponsor the exclusive, perpetual, irrevocable, transferable, sublicensable, worldwide right, title and interest in and to the Entry, including without limitation all copyright, and the right to produce, reproduce, encode, store, copy, transmit, broadcast, display, distribute, use, edit, translate, alter, combine with other material, reuse, exhibit, publish, post, adapt, create derivative works from, commercialize, trade-mark, copyright and or otherwise use without limitation, all or any part of the Entry in any manner and media whether now known or hereafter devised including, without limitation, on the Website, product packaging, and any other Sponsor website or social media platform including but not limited to Facebook and Instagram, whether in association with his/her name or otherwise; and (b) waives any and all moral rights that he or she may have in and to the Entry.
11. PUBLICITY, USE OF REGISTRATION INFORMATION: By entering the Contest, each Entrant consents to the use of his/her personal information for the purposes of administering the Contest and awarding the prizes. By accepting a prize, a winner consents to the use and publication of his/her name, address (city and province), voice, statement and photograph or other likeness, without further compensation, in any promotion, publicity or advertising carried out by or on behalf of Sponsor in connection with the Contest, in any manner whatsoever including but not limited to print, broadcast or on the Internet.
12. DISCLAIMERS AS TO ENTRIES: Entries are subject to verification and will be declared invalid if they are illegible, incomplete, mechanically reproduced, mutilated, forged, falsified, altered, or tampered with in any way. Without limiting the generality of the foregoing, Releasees are not responsible for any such Entries or for lost, late, stolen, misdirected, incomplete, damaged, destroyed or non-delivered submissions and/or Entries or other errors of any kind in connection with this Contest, such as but not limited to any human error or technical or technological error or issue that might prevent the Sponsor from generating or awarding the Entries. The Releasees will not be liable for any prejudice, damages or inconvenience suffered by anyone, namely the Entrants and winners, in connection with their entry in, their exclusion or disqualification from the Contest or in connection with the award or use of the Prizes. Any use of automated devices is prohibited. In the event of a dispute regarding eligibility, the submission of an entry, exclusion or disqualification, all decisions of the Sponsor shall be final.
13. FURTHER DISCLAIMERS: Without limiting the scope of any other provision of these Contest Rules, namely that of the release provided in Paragraph 10 (Releases) above, and for greater certainty, Releasees will not be held liable for: a) any incomplete or inaccurate information, whether caused by Entrants or by any equipment or programming associated with or utilized in the Contest, or by any technical or human error which may occur in the processing of Entries; b) the theft, destruction or unauthorized access to, or alteration of, Entries or the Contest equipment; c) any problems with, or technical malfunctions of, telephone networks or lines, computer on-line systems, servers or providers, computer equipment, software, viruses or bugs, including interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), website, telephone or other connections, availability or accessibility, or miscommunications, or failed computer, satellite, telephone or cable transmissions, or lines, or technical failure or jumbled, corrupted, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures, or technical errors or difficulties or other errors of any kind whether human, mechanical, electronic or network or the incorrect or inaccurate capture of Entries or other information or the failure to capture, or loss of, any such information; d) any failure of any e-mail to be received by or from Sponsor for any reason including but not limited to traffic congestion on the Internet or at any website or combination thereof; or e) damage to an Entrant’s or other person’s system or device occasioned by participation or downloading of materials in this Contest.
14. SECURITY: In the event any portion of this Contest is compromised in any way, by virus, bugs, non-authorized human intervention or any other causes beyond the control of Sponsor, which in Sponsor’s opinion prevents the Contest from running as planned, or should any error or other event result in more than the stated number of prizes of any category being claimed,then Sponsor reserves the right, in its sole discretion and subject to applicable law, to amend, cancel, suspend or terminate the Contest at any time. In such event, Sponsor reserves the right to randomly select winner(s) and award any remaining prizes, from all eligible Entries received during the Contest Period up to the point of early termination, the award of which shall be in accordance with these Contest Rules, but subject to the necessary adaptations due to the circumstances. In no event will more prizes be awarded than as provided in these Contest Rules.
15. DATA PROTECTION NOTICE: Entrants’ and winners’ personal information is protected by Sponsor’s Privacy and Cookies Policy which can be found on Sponsor’s Website. Personal information will be used for the purposes of the Contest as specified under Paragraph 11 of these Contest Rules. Other than that, personal information will remain confidential to the Sponsor. Sponsor may however use third parties to process some aspect of personal information for its use, provided that they similarly agree to protect privacy. Any questions can be directed to Sponsor in accordance with the Privacy and Cookies Policy.
16. CAUTION: Any attempt by an Entrant or anyone to damage or undermine the legitimate operation of the Contest may be a violation of criminal and civil laws. Should such an attempt be made, Sponsor may refer anyone suspected of doing so to the competent law enforcement authorities and reserves the right to claim damages from any such person to the fullest extent permitted by law.
17. CONTEST GENERAL RULES: This Contest is subject to all applicable federal, state, provincial and municipal laws and/or regulations and every action taken by an Entrant in conjunction with the Contest must comply with these laws and regulations. This Contest is void where prohibited or restricted by law.
Disputes: Except where prohibited, you agree that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of California. All issues and questions concerning the construction, validity, interpretation and enforceability of these Contest Rules, your rights and obligations, or the rights and obligations of Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
Winners List Request: To request confirmation of the name, city, and state/province/country of each Prize winner, please send a self-addressed, stamped business size envelope, by April 8, 2023 to: Kaged “KAGED 2023 TRANSFORMATION CHALLENGE” Contest Winners List Request, 17872 Gillette Ave, #475 Irvine, CA 92614.