21 DAY WEIGHT LOSS & BODY TRANSFORMATION CHALLENGE (Summer Sizzle '22)

Official Rules

 

CHALLENGE IS OPEN TO LEGAL RESIDENTS PHYSICALLY LOCATED IN ONE OF THE FIFTY (50) UNITED STATES OR THE DISTRICT OF COLUMBIA, [EXCLUDING THE STATE OF ARIZONA; IF THE CASH AND PRIZE POT EXCEEDS $5,000 NEW YORK AND FLORIDA WILL ALSO BE EXCLUDED], AND SHALL BE CONSTRUED AND EVALUATED ACCORDING TO U.S. LAW. DO NOT ENTER THIS CHALLENGE IF YOU ARE [A RESIDENT OF ARIZONA; OR NEW YORK AND FLORIDA IF THE CASH AND PRIZE POT EXCEEDS $5,000; OR] NOT LOCATED IN THE FIFTY (50) UNITED STATES OR THE DISTRICT OF COLUMBIA AND AT LEAST FOURTEEN (14) YEARS OF AGE. IF YOU ARE UNDER EIGHTEEN (18) YEARS OF AGE PARENTAL/LEGAL GUARDIAN CONSENT IS REQUIRED BEFORE ENTERING THE CHALLENGE.

 

1. Eligibility: [21 Day Weight Loss & Body Transformation Challenge] (the "Challenge") is open only to legal residents physically located in one of the fifty (50) United States or the District of Columbia, [excluding Arizona; If the cash and prize pot exceeds $5,000 New York and Florida will also be excluded], who are at least fourteen (14) years old at the time of entry. Any Challenger under the age of 18 will require Parent/Guardian written consent and agreement to rules. [Herbalife Distributors and their spouse; domestic partner; significant other; are ineligible].  The Challenge is subject to all applicable federal, state, and local laws and regulations and is void where prohibited.

 

2. Challenge Coordinator: [Cindy Patterson].

 

3. Agreement to Official Rules: Participation in this Challenge constitutes entrant’s full and unconditional agreement to these Official Rules and Challenge Coordinator’s decisions, which are final and binding in all matters related to this Challenge. Winning a prize is contingent upon fulfilling all requirements set forth herein. Entrant releases any and all rights to information submitted during the challenge, including all rights to photo(s) and video(s).

 

4. Challenge Period: The Challenge Period is from [August 15, 2022] at [12:01 a.m. CST] to [September 5, 2022] at [11:59 p.m. CST] (the “Challenge Period”).

 

5. How to Enter:

 

To enter Challenge, entrant(s) must register with his/her coach before the Challenge Period begins. All entrant(s) must pay [$25 Participation Fee and order 85 Volume Points of Herbalife Nutrition (minimum) required product purchase] in order to enter. Entrant(s) must agree to:

     

     1) All Participation Rules; and

     2) Taking of before and after photos; and

     3) Taking a 360 degree video which includes weight on a digital scale; and

     4) Release any and all rights and claims to these photos and videos, prior to Challenge Period Start.

 

6. Winner Determination: After the conclusion of the Contest, Contest Coordinator or one of his/her assigned coaches, or one of his/her assigned judges, in its sole discretion, will determine the winner(s) based on the following criteria (“Judging Criteria”):

 

Category #1

One (1) winner will be chosen for the Category #1 prize as the Grand Champion.

 

The Grand Champion will be the best overall from a combination of Category #2 AND Category #3. The Grand Champion will be named in sole discretion of weighted amounts of these two categories as determined by the judges.

 

 

Category #2

A Minimum of one (1) winner will be chosen for Category #2 prizes. 

 

  • 1st Place - Best Before and After Picture Transformation;
  • 2nd Place (if necessary) - 2nd Best Before and After Picture Transformation;
  • 3rd Place (if necessary) - 3rd Best Before and After Picture Transformation;
  • 4th Place (if necessary) - 4th Best Before and After Picture Transformation;
  • 5th Place (if necessary) - 5th Best Before and After Picture Transformation;
  • 6th Place (if necessary) - 6th Best Before and After Picture Transformation;
  • 7th Place (if necessary) - 7th Best Before and After Picture Transformation;
  • 8th through Nth Place (if necessary) will be awarded in the same manner.

 

Every participant must submit before and after photos. [Photos] Individuals must wear the same clothing, and have the clothing located in the same position, in their before and after photos; the code word [specific to this challenge] for the before photos must be visible in each before photo; the code word [specific to this challenge] for the after photos must be visible in each after photo; [three before photos; and three after photos]. Individuals must pose in the correct position; [First Photo] - Front facing arms down 45 degree (approximate) angle from side of body with palms facing forward; [Second Photo] - Side facing arms straight out (arms at approximate 90 degree angle from side of body; before and after photos must show the same side); [Third Photo] - Rear facing arms flexed; same position in the before and after photos. Failure to meet all of these criteria will result in the photos being downgraded, graded in last position, or disqualified, in the Transformation category [Category #1]. In the event of a tie, the Challenge Coordinator will determine tie breaking criteria, as determined by the Challenge Coordinator in his/her sole discretion.

 

Category #3

A Minimum of one (1) winner will be chosen for Category #3 prizes.

 

  • 1st Place - Largest percentage of weight lost;
  • 2nd Place (if necessary) - 2nd Largest percentage of weight lost;
  • 3rd Place (if necessary) - 3rd Largest percentage of weight lost;
  • 4th Place (if necessary) - 4th Largest percentage of weight lost;
  • 5th Place (if necessary) - 5th Largest percentage of weight lost;
  • 6th Place (if necessary) - 6th Largest percentage of weight lost;
  • 7th Place (if necessary) - 7th Largest percentage of weight lost;
  • 8th through Nth Place (if necessary) will be awarded in the same manner.

 

Every participant must submit before and after weigh in videos. [Video] Participants must wear the same clothing, and have the clothing located in the same position, in their before and after videos; the video must show the entire view of the contestant at all times [from above their head to the floor, including the scale being used and the code word (different code words will be used for the before and after videos but they will be the same code word used for the before and after photos as referenced in Category #1) - AT ALL TIMES]; the video will show the participant spin slowly around 360 degrees before stepping on a digital scale; after spinning 360 degrees the contestant will step on a digital scale and the video will slowly zoom in on the scale readout numerical value until it is clearly visible in the video [while the participant is still on the scale]; the participant will then read out loud the number on the scale. Failure to meet all of these criteria will result in the videos being downgraded, graded in last position, or disqualified, in the weight loss category [Category #2]. In the event of a tie, the Challenge Coordinator will determine tie breaking criteria, as determined by the Challenge Coordinator in his/her sole discretion.

 

Category #4 

Entrants will be given the opportunity to view a Live video on the challenge Facebook page. One of the entrants that views the Facebook Live will be randomly chosen during the Live video for one of the second chance prizes [two of these live videos will take place during the challenge]. An Entrant that wins during the Facebook Live is still eligible for all other cash prizes. Entrants will be given the opportunity to gain participation points throughout the challenge to win one the remaining second chance prizes [two of these prizes will be given away at the end of the challenge]. The second chance prize pool will be a portion of the total prize pool.

 

  • 25% - second chance prize giveaway [given away during Facebook Live];
  • 25% - second chance prize giveaway [given away during Facebook Live];
  • 25% - second chance prize giveaway [given away at end of challenge based on participation in Facebook group];
  • 25% - second chance prize giveaway [given away at end of challenge based on participation in Facebook group].

 

Facebook algorithms that track participation in the Facebook challenger's group will be used to assign participation points gained by the entrant(s); these participation points gained by each entrant will be turned into the Challenge Coordinator. Every point gained is equal to one entry. All entries will go into a drawing and each of the remaining second chance prizes will be chosen at random. In the event of a tie, the Challenge Coordinator will determine tie breaking criteria, as determined by the Challenge Coordinator in his/her sole discretion.

 

7. Winner(s) Selection

On or about one week after the Challenge Period is over, Challenge Coordinator will notify the winner(s) of Category #1, Category #2, Category #3 and Category #4 [by Zoom conference call at 8:00 p.m. CDT on September 11th, 2022. Entrant(s) must be present on the Zoom conference call to be eligible to win. Challenge Coordinator will determine in their sole discretion what qualifies as being present to win on the Zoom conference call. Some of the requirements of being present to win include: the participant having their video and audio turned on so the participant can be seen and heard [the participant must respond when their name is chosen] when the participant's name is revealed as a winner. The participant also must be on the call when they are announced as the winner in any of the Categories; if a participant is late or late to respond they will be deemed as not present. Each potential Winner may be required to execute, have notarized and return an Affidavit of Eligibility, a Form W-9, and Release of Liability and, unless prohibited by law, Publicity, within seven (7) days of the date of notice or attempted notice. Failure to submit any identification required by Challenge Coordinator or to return the required documents within the specified time period, noncompliance with these Official Rules or the return of any Prize (or any portion thereof) or Prize Notification as undeliverable may result in disqualification and prize forfeiture and, at Challenge Coordinator’s sole discretion and time permitting, may cause an alternate potential Winner to be chosen.

 

8. Prize

[A MINIMUM OF SEVEN] Prize(s) will be awarded. [A MINIMUM of $40 will be awarded to Category #4].

 

[ONE GRAND PRIZE] Will be awarded for Category #1. The Prize for Category #1 will be calculated after subtracting the awards for Category #4Category #1 prize pool will hereafter be referred to as Main Prize Pool. The Grand Prize will not exceed $2,500. Any amount above $2,500 will be allocated to Category #2 and Category #3.

 

[IF the Main Prize Pool is between $0 and $1000]

  • The Category #1 Grand Prize winner will receive [A Cash Prize, equal to 50% of the Main Prize Pool; up to $500]

 

[IF the Main Prize Pool is between $1001 and $2000]

  • The Category #1 Grand Prize winner will receive [A Cash Prize, equal to 40% of the Main Prize Pool; up to $800]

 

[IF the Main Prize Pool is between $2001 and $3000]

  • The Category #1 Grand Prize winner will receive [A Cash Prize, equal to 35% of the Main Prize Pool; up to $1050]

 

[IF the Main Prize Pool is between $3001 and $4000]

  • The Category #1 Grand Prize winner will receive [A Cash Prize, equal to 32.5% of the Main Prize Pool; up to $1300]

 

Prize dollar amounts will be rounded, in the sole discretion of the Challenge Coordinator, in order to make it easier for accounting purposes and prize giveaways. The calculated percentage is for illustration only and the actual given away percentage will be close, but not exact, to the percentage(s) in the table(s). For additional prizes above the $4000 Main Prize Pool, extra place winner(s) will be added to the prize payout in $1000 increments. This pattern shall repeat until the entire prize pool of money has been awarded. 

 

[A MINIMUM OF ONE] Prize(s) will be awarded for Category #2 and Category #3. Each of the prizes for Category #2 and Category #3 will be calculated after subtracting the awards for Category #4. Category #2 and Category #3 prize pool will hereafter be referred to as Main Prize Pool. 

 

[IF the Main Prize Pool is between $0 and $1000]

  • The Category #2 and Category #3 1st Place winner(s) will receive [A Cash Prize, equal to 25% of Main Prize Pool; up to $250]

 

[IF the Main Prize Pool is between $1001 and $2000]

  • The Category #2 and Category #3 1st Place winner(s) will receive [A Cash Prize, equal to 20% of Main Prize Pool; up to $400].
  • The Category #2 and Category #3 2nd place winner(s) will receive [A Cash Prize, equal to 10% of Main Prize Pool; up to $200].

 

[IF the Main Prize Pool is between $2001 and $3000]

  • The Category #2 and Category #3 1st Place winner(s) will receive [A Cash Prize, equal to 17.5% of Main Prize Pool; up to $525].
  • The Category #2 and Category #3 2nd place winner(s) will receive [A Cash Prize, equal to 10% of Main Prize Pool; up to $300].
  • The Category #2 and Category #3 3rd place winner(s) will receive [A Cash Prize, equal to 5% of Main Prize Pool; up to $150].

 

[IF the Main Prize Pool for between $3001 and $4000]

  • The Category #2 and Category #3 1st Place winner(s) will receive [A Cash Prize, equal to 16.25% of Main Prize Pool; up to $650].
  • The Category #2 and Category #3 2nd place winner(s) will receive [A Cash Prize, equal to 10% of Main Prize Pool; up to $400].
  • The Category #2 and Category #3 3rd place winner(s) will receive [A Cash Prize, equal to 5% of Main Prize Pool; up to $200].
  • The Category #2 and Category #3 4th place winner(s) will receive [A Cash Prize, equal to 2.5% of Main Prize Pool; up to $100].

 

Prize dollar amounts will be rounded, in the sole discretion of the Challenge Coordinator, in order to make it easier for accounting purposes and prize giveaways. The calculated percentage is for illustration only and the actual given away percentage will be close, but not exact, to the percentage(s) in the table(s). For additional prizes above the $4000 Main Prize Pool, extra place winner(s) will be added to the prize payout in $1000 increments. For example: [IF the Main Prize Pool is between $4001 to $5000] there will be 10 Prizes awarded, with 5th place winner(s) in Category #2 and Category #3. If the prize pool exceeds this amount additional prize winners will be added. This pattern shall repeat until the entire prize pool of money has been awarded. 

 

[FOUR] Prize(s) will be awarded for Category #4. Each Category #4 winner(s) will receive [A prize, minimum value of $10 and maximum value of $150. The total prize pool for Category #4 shall not exceed $600].

 

Prizes will be awarded within [2 weeks] of Challenge End Date.  Prizes are non-transferable and no substitution will be provided, except as provided herein at the Challenge Coordinator’s sole discretion.  Challenge Coordinator in its own discretion reserves the right to substitute a prize for one of equal or greater value, if the designated prize should become unavailable for any reason. Winners are responsible for all taxes (federal, state, local) and fees associated with prize receipt and/or use. An IRS 1099 form shall be issued to any Prize winner for tax reporting purposes if the cumulative value of the prize(s) exceeds $599. Any depictions of prizes are for illustrative purposes only.  All prizes are awarded as is. Challenge Coordinator makes no representations or warranties about any prize.  Limit: One (1) prize per person.

 

9. Release: By accepting a prize, the winner(s) (their parents/legal guardians if winners are minors in their jurisdictions of residence) agree to release and hold harmless the Challenge Coordinator, all participating Herbalife Nutrition Distributors, and Herbalife Nutrition, [Facebook, Instagram, Snapchat], and their respective parent companies, subsidiaries, affiliates, 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, arising out of participation in the Challenge or receipt or use or misuse of any prize.  

 

10. General Conditions: Challenge Coordinator reserves the right to cancel, suspend and/or modify the Challenge, or any part of it, if any fraud, technical failures or any other factor impairs the integrity or proper functioning of the Challenge, as determined by Challenge Coordinator in its sole discretion.  If terminated Challenge Coordinator may, in its sole discretion, determine the winners from among all non-suspect, eligible entries received up to (and/or after, if applicable) time of such action using the judging procedure outlined above.  Challenge Coordinator, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the entry process or the operation of the Challenge or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner.  Any attempt by any person to deliberately undermine the legitimate operation of the Challenge may be a violation of criminal and civil law, and, should such an attempt be made, Challenge Coordinator reserves the right to seek damages and other remedies (including attorneys’ fees) from any such person to the fullest extent permitted by law.  Challenge Coordinator reserves the right to disqualify any individual for any reason in their sole discretion, this includes, but is not limited to; the right to disqualify any individual's before and after photos for any reason in connection with Category #2; the right to disqualify any individual's weigh in and weigh out video for any reason in connection with Category #3; the right to disqualify any individual's qualifications for any reason in connection with Category #4. If any individual is disqualified for any reason they shall not be eligible for any other prize(s). Challenge Coordinator’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

 

In addition to the rights already reserved by the Challenge Coordinator; the Challenge Coordinator also reserves the right to disqualify any individual for taking improper before and after photos in connection with Category #1. The Challenge Coordinator also reserves the right to disqualify any individual for attempting to regain their weight in between challenges. If an individual is not making any forward progress but rather using the weight loss challenge as a means of income; or consistently regaining weight previously lost so as to not make any actual progress; or is losing weight in an unsafe manner; or is trying to scheme or participate unfairly; the Challenge Coordinator reserves the right to disqualify any individual in regards to Category #2. The Challenge Coordinator also reserves the right to disqualify any individual for having with or on their person any outside object during the individual's weigh in or weigh out video in connection with Category #2. 

 

Any entrants engaging in unsafe or unhealthy weight loss will be disqualified.  Examples of unhealthy and unsafe practices shall include severe calorie restriction or fasting regimens, unbalanced diets which largely diminish or exclude intake from any major food group or macronutrient (such as a very low carbohydrate diet) or diets which result, on average, in the loss of more than 2 pounds/1 kilogram of body weight per week. 

 

11. Limitations of Liability: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Challenge; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Challenge; (4) technical or human error which may occur in the administration of the Challenge, the announcement of the prizes or in any Challenge-related materials; (5) late, lost, undeliverable, damaged or stolen mail or emails; (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Challenge or receipt or use or misuse of any prize (including any travel/activity related thereto); or (7) any interruptions in or postponement, cancellation, or modification of the prize or Challenge. Challenge Coordinator is not responsible for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. 

 

12. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Challenge or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the [United States District Court for the Northern District of Texas or the appropriate Texas State Court located in Lubbock County, Texas]; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Challenge, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Challenge Coordinator in connection with the Challenge, shall be governed by, and construed in accordance with, the laws of the [State of Texas] without giving effect to any choice of law or conflict of law rules (whether of the [State of Texas] or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the [State of Texas].

 

13.  Winner List: For a winner list, visit                              The winner list will be posted after winner confirmation is complete.

 

This Challenge is in no way sponsored, endorsed or administered by, or associated with, Herbalife Nutrition. By entering the Challenge, you understand you are providing information to the Challenge Coordinator and not to Herbalife Nutrition.