SOMMER RAY ULTIMATE BEACH BOD COMPETITION

 

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS COMPETITION. OPEN ONLY TO LEGAL RESIDENTS OF THE UNITED STATES, UNITED KINGDOM, MEXICO, AUSTRALIA, AND CANADA, WHO ARE THE AGE OF MAJORITY OR OLDER IN THEIR STATE OR PROVINCE AT THE TIME OF ENTRY. SEE FURTHER ELIGIBILITY RESTRICTIONS BELOW. VOID IN WHOLE OR IN PART WHERE PROHIBITED OR OTHERWISE RESTRICTED BY APPLICABLE LAW.

OFFICIAL RULES

By entering this “Sommer Ray Ultimate Beach Bod Contest” (the “Competition”), individuals submitting entries (each an “Entrant” and collectively, the “Entrants”) accept and unconditionally agree to be bound by these Official Rules (the “Rules”). Judges will choose the winning entries and a Grand Prize will be awarded in accordance with these Rules. A combination of a Judging Panel and Voters will choose the winning entries and a Grand Prize will be awarded in accordance with these Rules. Any violation of the Rules may, at Sponsor’s discretion, result in disqualification. All decisions of Sponsor regarding this Competition regarding this Competition are final and binding in all respects.

 

CONSUMER DISCLOSURE: You have not yet won.

 

1. Sponsor. The Competition is sponsored by Mobovivo Inc., dba Ultimate Beach Bod, 246 - 2464 Stewart Green SW Calgary, AB T3H 3C8 (“Sponsor”).

2. Eligibility. To be eligible for this Competition, an individual must:

a. be a legal resident of the United States, United Kingdom, Australia, Mexico, and Canada, excluding Quebec;

b. be a woman of the age of majority in her state, province or territory of residence or older at the time of entry;

c. be the sole owner of all right, title and interest (including copyright) in and to the Submitted Photographs (as defined below) submitted in connection with the Contest;

d. if selected as a Grand Prize Winner (as defined below), be willing and able to participate in the Grand Prize (as defined below). 

 

Sponsor shall have the right at any time to require proof of identity and/or eligibility to participate in the Competition. Failure to provide proof may result in disqualification. All personal and other information requested by and supplied to Sponsor for the purpose of the Competition must be truthful, complete, accurate, and in no way misleading. False, deceptive, or incomplete entries or other information provided by Entrants though the Competition shall render the entry ineligible at any point in the Competition, regardless of when the problem is actually discovered. 

 

Ultimate Beach Bod and Sponsor staff and contractors and any family member or person domiciled with any of the Ultimate Beach Bod and Sponsor staff, are ineligible to participate in the Competition.

 

3. How to enter. To enter, visit ultimatebeachbod.com (the “Website”) to complete and submit your official entry form. You must provide all information requested including three (3) recent and different photographs of yourself that conform to the specifications required below (the “Submitted Photographs”) using the upload tool and instructions provided.

 

4. Only the Entrant should appear in the Submitted Photographs. All photographs must be high-resolution JPG files between 150KB and 15MB (maximum size allowed) and high resolution suitable for printing at 200-300 DPI. All Submitted Photographs must have been taken on or after Entrant reached eighteen (18) years of age, AND within the past six (6) months. Submitted Photographs shall not have been altered by software or other means to enhance the photo and must be suitable for publication. Submitted Photographs must not infringe or violate any right of any third party or entity, including but not limited to copyright, right of publicity, and right of privacy. Please check with the photographer to make sure that you have the rights to submit the photographs. Any Submitted  Photographs exhibiting Entrant’s nipples or genitals will be rejected. The determination of whether any image exhibits Entrant’s nipples or genitals is in the sole discretion of Sponsor. False, deceptive or incomplete entries or other information provided by Entrants though the Competition shall render the entry ineligible at any point in the Competition regardless of when the problem is actually discovered.

 

5. Sponsor reserves the right to contact an Entrant to request resubmission of one or more of the Submitted Photographs and/or to request that the Entrant submit additional photos. While Entrants may have assistance in entering data and uploading the photographs, each Entrant must otherwise complete the entry forms herself. Any entries submitted by anyone other than the person appearing in the Submitted Photographs (including but not limited to entries submitted by modeling agencies) will be rejected. As set forth in greater detail below, submission of photographs and entry in the Competition constitutes consent to the use of the Submitted Photographs on Ultimate Beach Bod, Ultimate Beach Bod branded digital apps and websites, and otherwise in connection with the Ultimate Beach Bod brand, and in any and all media now known or hereafter discovered for the full duration of the copyright in the applicable Submitted Photographs. By entering into the Competition, Entrant represents and warrants that she owns or controls all necessary rights in the Submitted Photographs to grant Sponsor the rights described herein.

 

6. Submission of a qualifying entry grants Sponsor and its representatives and agents the right to publish, use, adapt, edit, and/or modify such entry in any way, in any and all media, without limitation and without consideration to Entrant. Submission of an entry further constitutes Entrant’s consent to irrevocably assign and transfer to Sponsor any and all rights, title, and interest in the entry, including, without limitation, all copyrights reserved. Except as otherwise permitted herein, only one entry per person will be accepted; all subsequent entries will be disregarded. Entrants may submit their entry forms and photographs using the above procedures anytime during the period between April 17 and July 7, 2018 (the “Entry Period”). Late Entrants shall be eligible to submit late entry forms and photographs using the above procedures anytime during the period to Late Entry Period (to be announced). Date of entry during the Entry Period and Late Entry Period will not affect chances of being chosen.

 

7. Preliminary Period. After entering the Competition, the Submitted Photographs may be placed on the Website, where they may be viewed by visitors to the Website. Entrants may be requested to submit additional images (the “Additional Photographs”) for publication on the Website, so long as such images do not display nipples or genitalia, are not obscene (as determined in the sole discretion of Sponsor), and do not infringe upon the rights of any person or entity, including but not limited to copyright, right of publicity, and right of privacy.

 

8. Selection. Sponsor will, in its sole discretion, select among the Entrants (herein “Selected Entrants”) based upon their evaluation of the Entrants’ attractiveness and photogenic qualities, as well as the quality of the Submitted Photographs. Selected Entrants may be required to provide additional information or proof of copyright ownership. Sponsor reserves the right to contact an Entrant for any reason relating to the Competition. Throughout multiple rounds, as set forth below in more detail, visitors to the Website will have an opportunity to vote for their favorites among the posted Selected Entrants from each group. In the event that any Selected Entrant is determined to be ineligible, or if a claim is made that she does not own or control sufficient rights in the Submitted Photographs to grant the requisite rights to Sponsor, after her photographs have been posted, she may be disqualified in Sponsor’s sole discretion and her photo(s) will be removed, but Sponsor is not obligated to replace her with another Selected Entrant.  The selection of the Entrants throughout each round shall be within the sole discretion of Sponsor, whose decisions shall be final, and shall be based on the criteria listed herein. Results of the public voting are one factor in selecting from each group of Entrants, but are not determinative. Winning the Competition is not subject to random chance. The chances of being selected to proceed to each of the different rounds/phases of the Competition depend on the number of Entrants, on the judging criteria for each round/phase, and how well the Entrant rates on each such criterion compared to other Entrants. In the event of a tie, the Judging Panel shall judge the tied entries based upon the overall quality of each tied entry. 

 

9. Public voting. During each round of the Competition, individuals who are eighteen (18) years or older as of the date of voting who are also legal residents of the country in which they reside (each a “Voter” and collectively the “Voters”) may cast one or more votes for one or more Entrants. Voters can earn credits to vote by doing the following: 1.) Voters will earn one credit every 24 hours (1 credit = 1 vote) by logging in to vote for their favorite Entrant and verifying voter eligibility with a “real” and established Facebook account. 2.) Voters can purchase additional credits to vote (for one or more Entrant). Qualifying votes shall only be cast in accordance with the instructions as listed in the Competition Terms and Conditions, which can be found on the Website. The Selected Entrants of each round of the Competition will be partially determined based upon the number of qualifying votes received. NOTE: IT IS NOT NECESSARY FOR ANY ENTRANT TO PAY AN ENTRY FEE, CAST A VOTE, OR TENDER A PAYMENT OF ANY KIND IN ORDER TO ENTER OR WIN THIS COMPETITION. ENTRANTS ARE NOT PERMITTED TO CAST PAID VOTES FOR THEMSELVES. “Bot” activity or any kind of robotic or automated voting mechanism is not an acceptable form of voting. If this type of false voting is detected by our server, the associated IP address will be banned from voting. Sponsor reserves the right to disqualify Entrants suspected in partaking in this type of activity, or any other voting activity Sponsor deems unfair in its sole discretion. Promotion Entities also reserve the right, at their sole discretion, to disqualify any individual it finds to be tampering with the entry or voting process or the operation of the Competition.

 

Competition rounds. 

 

  1. Phase 1: The Ultimate Beach Bod Judging Panel (“Judging Panel”) will do a preliminary screen of all entries for compliance with the Rules and adherence to the judging criteria, as well as hand selecting Entrants to advance to the initial public voting round.

    Preliminary Judging Rounds

    Public voting begins (To Be Announced) – Selected Entrants will be divided equally into groups.

  2. Phase 2: Public voting will help reduce each group by five (5) Entrants.

  3. Phase 3: Public voting will help reduce the top remaining Entrants in each group by five (5) Entrants. 

  4. Phase 4: Public voting will help reduce the top remaining Entrants in each group by ten (10) Entrants.

  5. Phase 5: Public voting will help reduce the top remaining Entrants in each group by ten (10) Entrants.

  6. Phase 6: Top 20 in each Group  - Public voting will help reduce the top ten (10) Entrants in each group to advance to Semi-Finals. Eleven (11) to Twenty (20) place finishers advance to Wildcard Round. 

  7. Phase 7 Wildcard Round (Voting Resets) - all Eleven (11) to Twenty (20) place Phase 6 group finishers will be divided into new groups. Public voting will help reduce Entrants to the top five (5) for each new group. Wildcard winners advance to the semi-finals.

 

Semi-Finals (Voting Resets)

Phase 8: Semi-finals  - All preliminary round group winners (Phase 6) and wildcard group winners (Phase 7) will be divided into new groups. Public voting will help reduce to top one hundred (100) Entrants and top one hundred (100) will advance to the finals.

 

Finals (Voting Resets)

Phase 9: Winner - Public voting will help reduce the top one hundred (100) finalists to the one (1) winner of the Ultimate Beach Bod Contest (the “Grand Prize Winner”), subject to such individuals compliance with the Rules and any other applicable terms and conditions in connection with the Competition. 

  1. Notification to Entrants.  Selected Entrants for each round/phase and the Grand Prize Winner will be notified by email, telephone, or other means reasonably calculated to provide notice. Entrants consent to a background check that may be performed, at the sole discretion of Sponsor, to verify information provided by Entrants and compliance with these Rules, or for other reasons related to the Competition. If you are selected as the Grand Prize Winner, your information may also be included in a publicly available winner’s list.

  2. The Grand Prize Winner may refer to herself as the “Ultimate Beach Bod Winner” in written and descriptive materials but only if such uses and displays are purely non-commercial and in no event suggest or create any confusion whatsoever that Sponsor or Ultimate Beach Bod Inc. are endorsing or participating in any manner related to the use of its name, logos, or fonts. If the Grand Prize Winner is not available, an alternate winner may be selected, time permitting. The Grand Prize Winner will receive a cash honorarium of $20,000USD for US residents, $20,000USD for UK residents, $20,000AUD for Australia residents, $200,000MXN for Mexico Residents, and $20,000CAD for Canadian residents. Cash winnings will be provided after receiving all necessary documentation in compliance with Competition eligibility. By agreeing to appear as the winner of the Competition, the Grand Prize Winner consents to the use of her name, photos, and/or likenesses for advertising and trade purposes in connection with the Ultimate Beach Bod brand, including without limitation, the Ultimate Beach Bod Competition, in any and all media known or hereinafter discovered without territorial or time limitations and without additional compensation, except where prohibited. No Grand Prize substitutions or cash redemptions allowed. By accepting prize money, the Grand Prize Winner acknowledges compliance with these Rules. To the extent that any federal and/or state income or other taxes apply to the value of the prize(s) and/or award(s) provided to the Grand Prize Winner, the Grand Prize Winner shall be solely responsible for the reporting and payment of such taxes. The Grand Prize Winner must have all necessary identification and/or travel documents.

  3. Conduct.  By entering, Entrants: (i) agree that all issues and questions concerning the construction, validity, interpretation, and enforceability of these Rules, Entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Competition, shall be governed by, and construed in accordance with, the laws of the province of Alberta without giving effect to any choice of law or conflict of law rules, and (ii) irrevocably consent to the jurisdiction and venue of the federal, state, and local courts located in Calgary, Alberta. Failure to comply with these Rules may result in disqualification. Sponsor reserves the right, in its sole discretion, to disqualify any individual: (a) acting in any manner deemed by Sponsor to be in violation of these Rules; or (b) acting in any manner deemed by Sponsor to be unsportsmanlike, disruptive, and/or with intent to annoy, abuse, threaten, or harass any other person. CAUTION: ENTRANTS ARE NOT PERMITTED TO CAST PAID VOTES FOR THEMSELVES, ENTRANTS CAUGHT UTILIZING THEIR PERSONAL PAYMENT METHODS AND CASTING PAID VOTES FOR THEMSELVES MAY BE SUBJECT TO DISQUALIFICATION. ANY ATTEMPT BY A USER OR ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE COMPETITION IS IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND COSTS (INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

  4. Verification of winner.  Potential winners will be required to execute an affidavit of eligibility, a liability/publicity release, and other documents (“Prize Claim Documents”), as may be required or permitted by law. If any potential winner fails or refuses to sign and return all Prize Claim Documents within fourteen (14) days of prize notifications sent, the winner may be disqualified and an alternate winner may be determined/selected. Sponsor is not responsible for any change in address of Entrants. By accepting a prize, the Winner agrees to maintain her behavior in accordance with all applicable laws and generally accepted social practices while participating in any Competition activity, including but not limited to participation in or use of a prize. The Winner understands and further agrees that Sponsor has the right, in its sole discretion, to disqualify and remove the Winner from any activity at any time if Sponsor determines that the Winner’s behavior at any point is disruptive or inappropriate or may or does cause damage to person, property, or the reputation of Sponsor, or otherwise violates the policies of the prize providers. 

  5. Grant of Rights.  By providing the Submitted Photographs and Additional Photographs (if any) to Sponsor in connection with the Competition, each Entrant shall retain all right, title, and interest (including copyright) in and to the Submitted Photographs and Additional Photographs and shall grant to Sponsor and Ultimate Beach Bod an exclusive, worldwide, sublicensable, gratuitous, and irrevocable license to copy, modify, produce, reproduce, display, publish, exhibit, distribute, convert, adapt, post, serve, broadcast, communicate by telecommunication, transmit, and otherwise use or reuse the Submitted Photographs and Additional Photographs for use in any and all media now known or hereafter developed in perpetuity beginning on the date of entry, without or without attribution, including, but not limited to, in connection with the administration, promotion, and exploitation of the Competition. By way of example and not limitation, the foregoing right and license includes the right by Sponsor, Ultimate Beach Bod, and/or those authorized by Sponsor or Ultimate Beach Bod: (i) to exhibit, display, and distribute Entrant’s entry and/or Entrant’s name, likeness, voice, and/or biographical information in any and all media now known or hereinafter developed, including, without limitation, on the Website and other websites and/or social media platform making the entry available for public viewing; (ii) to incorporate Entrant’s entry and/or Entrant’s name, likeness, voice, and/or biographical information in advertising, marketing, and promotional materials for the Competition and for the Competition Entities, in any and all media now known or hereinafter developed; (iii) to use, reproduce, print, publish, transmit, distribute, sell, adapt, enhance, and excerpt the entry in connection with any or all of the foregoing and for any purpose, including but not limited to editorial, advertising, commercial, and publicity purposes by the Competition Entities and/or others authorized by the Competition Entities, in any and all media now known or hereinafter developed.   

  6. DISCLAIMER AND RELEASE OF LIABILITY.  SPONSOR, PROMOTION ENTITIES, AND ALL PRIZE PROVIDERS ARE NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE ENTRY INFORMATION, HUMAN ERROR, TECHNICAL MALFUNCTION, FAILURES, OMISSION, INTERRUPTION, DELETION, OR DEFECT OF ANY TELEPHONE NETWORK, COMPUTER ONLINE SYSTEMS, COMPUTER EQUIPMENT, SERVERS, ACCESS PROVIDERS, OR SOFTWARE, INCLUDING ANY INJURY OR DMAGE TO PARICIPANTS OR ANY OTHER PERSONS’ COMPUTER RELATING TO OR RESULTING FROM PARTICIPATION IN THIS COMPETITION; INABILITY TO ACCESS THE ENTRY WEBSITE OR ANY PAGES THEREOF; THEFT; TAMPERING; DESTRUCTION; OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF ENTRIES; ENTRY SUBMISSIONS THAT ARE PROCESSED LATE OR INCORRECTLY OR ARE INCOMPLETE, GARBLED, OR LOST DUE TO COMPUTER OR ELECTRONIC MALFUNCTION OR TRAFFIC CONGESTION ON THE INTERNET OR ANY WEBSITE. PROOF OF ENTERING INFORMATION ON THE WEBSITE IS NOT CONSIDERED PROOF OF DELIVERY OR RECEIPT. ALL DATES SET FORTH IN THESE OFFICIAL RULES ARE APPROXIMATE. SPONSOR RESERVES THE RIGHT TO EXTEND ANY DEADLINES. ALL ENTRIES AND ANY OTHER MATERIALS SUBMITTED (INCLUDING BUT NOT LIMITED TO PHOTOGRAPHS) BECOME THE SOLE PROPERTY OF SPONSOR AND WILL NOT BE RETURNED OR ACKNOWLEDGED. FALSE AND/OR DECEPTIVE ENTRIES OR ACCOUNTS SHALL RENDER ENTRY INELIGIBLE.

  7. ALL DECISIONS OF SPONSOR SHALL BE FINAL AND CONCLUSIVE ON ALL MATTERS RELATING TO THE COMPETITION. 

    ALL ENTRANTS, SELECTED ENTRANTS, AND THE GRAND PRIZE WINNER RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS SPONSOR, PROMOTION ENTITIES, AND ALL PRIZE PROVIDERS, AND THE OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS OF EACH, FROM AND AGAINST ANY AND ALL LIABILITY WITH RESPECT TO, OR IN ANY WAY ARISING FROM, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, THIS COMPETITION, PUBLICATION OR USE OF THE SUBMITTED PHOTOGRAPHS OR ADDITIONAL PHOTOGRAPHS, ENTRANTS’ NAMES AND LIKENESSES, AND/OR ACCEPTANCE, USE, MISUSE, LOSS, OR MISDIRECTION OF THE PRIZE, INCLUDING LIABILITY FOR PERSONAL INJURY, DEATH, DAMAGES, OR MONETARY LOSS. 

    IN NO EVENT SHALL SPONSOR, PROMOTION ENTITIES, OR ANY PRIZE PROVIDER BE LIABLE OR OBLIGATED TO AN ENTRANT, SELECTED ENTRANT, GRAND PRIZE WINNER, OR ANY THIRD PARTY IN ANY MANNER FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES OF ANY KIND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES IN ADVANCE. THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF ANY LIMITED REMEDY.

    All causes of action arising out of or connected with this promotion, or any prize awarded shall be resolved individually, without resort to any form of class action; and any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs. 

  8. Contact Information.  If you have any questions or comments about the Competition as outlined above, or would like to request the name of the Grand Prize Winner, please contact Sponsor by CLICKING HERE

  9.  Important. This Competition is not in any manner sponsored, endorsed, or administered by, or associated with, Facebook or Instagram.