eDiets Fresh Prepared Meal Delivery Commercial Contest
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.
The Contest is sponsored and administered by eDiets.com, Inc. 1000 Corporate Drive, Suite 600, Fort Lauderdale, FL 33334 (“eDiets”).
Contest Term: The Contest begins on July 10, 2009 at 12:00:01 A.M. Eastern Time (“ET”) and ends on July 17, 2009 at 11:59:59 P.M. ET.
Who May Participate: To participate in this Contest you must be or have been a registered user of the eDiets Fresh Prepared Meal Delivery Program (the “Program”) between January 1 and July 9, 2009. You must also be a legal resident of the continental United States and 18 years of age or older at time of entry. You must be available for filming for 2 days the week of August 10, 2009, and for travel on or around that week. Void outside the continental United States and Washington DC and where prohibited by law. The Contest is not open to employees of eDiets, its affiliates or subsidiaries, or to members of their immediate families or people living in their households.
How to Enter: Send an email to Commercial Contest!, including:
1) Your full name
2) Your eDiets username
3) A daytime or cell phone number
4) At least one photo of yourself before and after your weight loss using the eDiets Fresh Prepared Meal Delivery Program (family-friendly photos only, please!)
Your email must be received during the Contest Term to be eligible. All submissions become property of eDiets and will not be returned. Limit one entry per unique username.
Selection of Finalists: Ten finalists will be selected by a panel of eDiets judges from among all qualifying entries, based on which photos, in the sole opinion of the judges, provide the most inspiring depiction of transformation. Finalists will be notified by phone and e-mail not later than July 23, 2009. Each finalist has 48 hours to contact eDiets regarding their selection as a finalist to secure his/her finalist status. A finalist must complete and return an affidavit of eligibility and liability/publicity release within five (5) days by return prepaid Federal Express overnight notification or his/her status as finalist may be forfeited and awarded to an alternate finalist.
Participant Prize: Each participant who submits a qualifying entry will receive one Tote-n-Tone gift bag containing (i) one Spri Fitness Band, (ii) two CDs with specially selected workout and relaxation music, (iii) one CleenFreek Antimicrobial gym towel and (iv) one bottle of eDiets DietSmartä supplements. Each gift bag has a maximum value of $120 and will be delivered approximately six weeks after the end of the Contest Term. eDiets will pay shipping and handling costs.
Finalist Prize: In addition to receiving a Tote-n-Tone gift bag, each finalist will also receive two free weeks of Program meals (max value $320). By accepting a prize, each finalist consents to eDiets’s and its designees’ use of his/her name, city and state of residence, biographical information, voice, statements relating to the Contest or eDiets, and photographs or other likenesses, for advertising and publicity purposes in any and all media now or hereafter known throughout the world in perpetuity, without further compensation, permission or notification, except where prohibited by law.
Possible Selection for Commercial: eDiets will contact each finalist to learn more about his/her weight loss and transformation story. Based on a review of each finalist’s story, eDiets may offer one or more finalists (each, a “Featured Finalist”) the opportunity to feature in a new eDiets television commercial. In that event eDiets will provide each Featured Finalist one round-trip economy class plane ticket for travel on or around the week of August 10, 2009 between an airport within 100 miles of his/her home address to a filming location designated by eDiets. eDiets will pay for all travel, hotel accommodations and incidental expenses. Featured Finalists will be filmed and may be included and/or featured in a new eDiets television commercial.
No Substitutions: No substitution or transfer of prizes may be made, except if prizes become unavailable for any reason eDiets may award substitute of equal or greater value. The recipient accepts responsibility for all federal, state and local taxes and fees in connection with a prize. Prizes are not redeemable for cash and must be accepted as-is. eDiets does not provide any warranty on a prize.
Odds: Odds of being selected will be determined by the number of entries received.
General Conditions
Participants agree to be bound by these rules. By entering, participants release and hold harmless eDiets and its respective subsidiaries, affiliates, directors, officers, prize suppliers, employees and agents from any and all liability or any injuries, loss or damage of any kind arising from or in connection with this Contest or acceptance or use of prize. If for any reason this Contest is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the eDiets which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, eDiets reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Contest. eDiets assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of entries. eDiets is not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by eDiets on account of technical problems, human error or traffic congestion on the Internet or at any Web site, or any combination thereof, including any injury or damage to participant's or any other person's computer relating to or resulting from participation in this Contest or downloading any materials in this Contest.
Under no circumstances, including negligence, shall eDiets be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use a prize, or out of any breach of any warranty. This exclusion or limitation of liability will not apply to the extent that any applicable statute prohibits such exclusion or limitation of liability. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE EDIETS WEB SITES IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES; CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS REGARDING THESE LIMITATIONS OR RESTRICTIONS. Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the participant and eDiets in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Florida, without giving effect to any choice of law or conflict of law rules (whether of the State of Florida, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Florida.
For a list of the finalists (available after July 23, 2009), send a self-addressed postage stamped envelope to: eDiets Fresh Prepared Commercial Contest Finalists List, 1000 Corporate Drive, Suite 600, Fort Lauderdale, FL 33334, to be received no later than August 9, 2009.
By entering the Contest, you agree to all of the terms and conditions of eDiets’s Privacy Policy, which is available at www.ediets.com/company/PrivacyPolicy.jsp