winnipeg's biggest loser

Contest Rules and Regulations

1. CONTEST PERIOD: The ‘Winnipeg’s Biggest Loser’ contest (the “Contest”) commences at 6 a.m. CST, Monday, December 21, and concludes at 11:59 p.m. CST, Sunday, May 2. (the “Contest Period”) The Contest is brought to you by Astral Media Radio G.P., HOT 103, QX 104, and Method Media. (the “Contest Sponsors”)

2. ELIGIBILITY: The Contest is open to all legal residents of Manitoba. Notwithstanding the above, the Contest is not open to individuals associated with the Contest, including the employees, agents or representatives of the Contest Sponsors (including their respective divisions, subsidiaries, affiliates and advertising or promotional agencies), fitness and prize sponsors, and any other materials or services connected with this Contest (collectively, the “Excluded Individuals”). This Contest is also not open to the immediate family members of the Excluded Individuals, and all other persons with whom the Excluded Individuals reside.

3. HOW TO ENTER: To enter for a chance to participate, a bio and description of a team leader, along with information on 3 other people who will comprise a 4-person “team”, must be sent via hot103live.com or qx104fm.com. Entrants can only submit 1 entry per team.

Entries will be accepted (the “Entry Period”) from 6 a.m. CST, Monday, December 21 to 11:59 p.m. CST, Sunday, January 24. Entries will not be eligible if sent by any other method not specified above or if received after the conclusion of the Entry Period.

At the conclusion of the Entry Period, 15 teams will be randomly selected and announced Monday, January 25th. Winning teams will be assigned a fitness sponsor and personal trainer as best suited to the proximity of the team leader’s (the initial contest entrant) home or area of dwelling, as represented by a celebrity coach or mentor from HOT 103, QX 104 or The Winnipeg Free Press.

Each winning team will meet with their respective trainers the week of January 25th for assessment and profiling, and the creation of individualized training programs. Timing and programs will be established based on a) club/trainer and group availability, and b) results of health and fitness assessments. In the interest of safety and well-being, clubs and trainers will reserve the right to refuse participants or groups, should their health or fitness levels not be conducive to the types of training being offered. Each entrant is advised to seek out medical approval from a doctor or personal physician before entering, and if selected, must supply a doctor’s note of approval before proceeding in the contest.

During the Training Period (February 1-May 2), participants will follow through on their respective training programs as dictated by their individual clubs and personal trainers. Weigh-ins will be conducted throughout as dictated by clubs and trainers, which will be broken down according to total percentage of weight loss for all 4 team members. Results, along with pictures and video in individual cases, will be posted intermittingly on winnipegsbiggestloser.com, and/or linked to via hot103live.com or qx104fm.com.

Training will be conducted as assigned by the club. Diet and nutritional considerations are the sole responsibility of the contestants, and not up to the individual sponsors to encourage or maintain.

At the end of the Training Period (Monday, May 3), the team with the largest combined total percentage of weight loss attained during the Training Period, will win 4 grand prizes (1 prize per winning team member), consisting of various prizes provided by the contest sponsors, including 4 Trek 7.2 FX bicycles from Alter Ego Sports, $500 for groceries and supplies from Carpathia Credit Union, 4 $250 gift cards from Warehouse One, 4 gift cards from City Place, and 4 unlimited year passes to Moksha Yoga. In addition to that, the winning team will also receive access to their gym/club affiliate for the remainder of the 2010 year free-of-charge. (May 2-December 31)

4. NO PURCHASE NECESSARY: No purchase is required to enter this Contest.

5. PRIZES: There is 1 Grand Prize available to be won, including free gym access for the 4 winning team members for the remainder of the 2010 year (May 2-December 31), 4 Trek 7.2 FX bicycles from Alter Ego Sports, $500 (to be split between the team) from Carpathia Credit Union, 4 $250 gift cards from Warehouse One, 4 gift cards from City Place and 4 unlimited year passes to Moksha Yoga. Additional prize details will be revealed soon. Each member of the winning team will receive the same prizes.

All secondary prizes in addition to gym memberships will be delivered to confirmed winners within eight (8) weeks of being declared a winner.

Odds of winning depend on total number of initial entries taken during the Entry Period, and the total percentages of combined weight-loss per team at the conclusion of the Training Period.

6. PRIZE CLAIM: The Contest Sponsor(s) or its agent must be able to reach the potential winner by telephone within three (3) business days of the date on which the potential winner’s entry is selected. Entrants will not be individually contacted, except for the declared winner, who will be contacted by telephone.

In order to be declared a winner by the Contest judges, a potential winner must: (a) be in compliance with these official Contest rules and regulations; (b) correctly answer, without mechanical aid or assistance, a mathematical time-limited skill testing question; and (c) complete, sign and return a standard form declaration and release prepared by the Contest Sponsor within fourteen (14) business days from the date on which the form is sent to the potential winner.

If a potential or declared winner is not in compliance with these official Contest rules and regulations, the Contest judges reserve the right to disqualify such entrant from the Contest and randomly select further entrants from the remaining eligible entries until a winner is finally declared.

7. PUBLICITY: The declared winner consents to the Contest Sponsors’ use of his/her name, photograph, voice, statement and image (“Publicity Information”) for any publicity or programming purposes, in all media, without remuneration, throughout the world in perpetuity. The winner agrees to have their photograph taken by the Contest Sponsors, which all right in such photograph shall belong to the Contest Sponsors.

GENERAL

9. By entering this Contest, entrants agree to be bound by the Official Contest Rules and Regulations and by the decisions of the Contest judges, which shall be final and binding in all matters.

10. All entries become the sole property of, and are subject to verification by the Contest Sponsor and in no case shall be returned to sender.

11. Any attempt to tamper with the entry process, interfere with these official Contest rules and regulations, deliberately damage any website or undermine the administration, security or legitimate operation of the Contest, is a violation of criminal and civil laws, and the Contest Sponsor reserves the right to seek damages and/or other relief from all persons responsible for such acts to the fullest extent permitted by law, which may include banning or disqualifying entrants from this and future Contest Sponsor contests.

12. Entries generated by script, macro, robotic, programmed, or any other automated means are prohibited and will be disqualified.

13. The Contest Sponsors assumes no responsibility or liability for: (i) entries lost, stolen, late, delayed, damaged, mutilated, garbled, illegible, incomplete or misdirected (any illegible entries shall be declared null and void): (ii) any problems or technical malfunctions of any telephone network or lines, computer online systems or servers, computer software problems, traffic congestion on the internet or at any website; and (iii) damage to entrant’s or any person’s computer or for breaches of privacy due to interference by third party computer “hackers”, arising as a result of participating in this Contest. In the event of a dispute as to who submitted an entry, the entry will be declared made by the Authorized Account Holder of the email address submitted at the time of entry. “Authorized Account Holder” is defined as the individual to whom an email address is assigned by the organization that is responsible for the domain. The use of any automated equipment to participate in this Contest is prohibited.

14. Contest Sponsors, their subsidiaries, respective divisions, their parent corporations, their advertising and promotional agencies, their shareholders, officers, directors, employees, agent and representatives (hereinafter: the “Beneficiaries”) assume no liability for any and all claims, damages, actions, suits or proceedings that may be brought against the Contest participants or that the Contest participants may hereafter suffer from the acceptance or use of their prize or by their participation in this Contest, whether caused by any act or omission of themselves or the Contest Organizers.

15. The Contest Sponsor reserves the right, in their sole discretion, to cancel, add or substitute any prize or any component of a prize for its cash value or a prize of approximately the same retail value. Prizes are non-transferable, must be accepted as awarded by the Contest Sponsor and cannot be exchanged by a declared winner for cash or other substitutes. The refusal by an entrant to accept any prize releases and forever discharges the Contest Sponsor and their agents of all obligations related to the prize including delivery. The Contest Sponsor shall not be liable in the event weather conditions, event cancellations or other reasons beyond its control prevent a prize or part of a prize from being fulfilled.

16. The Contest Sponsor reserves the right, at its sole discretion and without prior notice, to amend, cancel, close, suspend or reinstate this Contest (or any elements of the Grand Prize) at any time and for any reason whatsoever.

17. If a potential winner is found to be ineligible, declines to accept the prize, or in the event that a prize confirmation or prize is returned undeliverable, the prize will be forfeited and an alternative eligible entrant may be randomly selected from the remaining eligible entries at Contest Sponsor’s sole discretion. Potential winners will be required to furnish proof of identification such as a driver’s license or social security numbers. Before being declared a winner, a potential winner may be required to sign a declaration and release form confirming understanding, acceptance and compliance with these Contest rules, acceptance of the prize as offered and a release acknowledging the non-responsibility of the Contest Sponsor and its promotion entities of injuries, accidents, loss or misfortune related to the conduct of the Contest, awarding and use of the prize.

18. By entering the Contest, each entrant agrees to abide by these official Contest rules and regulations, which are subject to change without notice to Contest entrants individually, and each entrant releases the Contest Sponsor, their respective parents, affiliates, subsidiaries, directors, officers, employees, representatives, agents and advertising and promotional agencies, from any damage, loss or liability, suffered, including personal injury or property damage, as a result of or arising from the entrant’s participation in the Contest or the use of a prize.

19. The Contest is void where prohibited by law and is subject to all applicable federal, provincial and municipal laws and regulations.

20. The Contest and these official Contest rules and regulations shall be exclusively governed by and construed in accordance with the laws of the province of Manitoba. Any dispute shall be adjudicated in the courts sitting in Winnipeg, Manitoba.

21. The invalidity or unenforceability of any provision of these Official Contest Rules and Regulations shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise enforceable or illegal, these Official Contest Rules and Regulations shall otherwise remain in effect and shall be construed in accordance with the terms as if the invalid or illegal provision were not contained herein. In particular, Contest Sponsor employees or real estate agents are not authorized to waive, modify or amend any provision or provisions of the Official Contest Rules and Regulations in any manner whatsoever.

22. Personal information collected from entrants will be used by the Contest Sponsor for the purpose of administering this Contest. By entering the Contest, entrant consents to the manner of collection, use and disclose of personal information as set out in the Contest Sponsor’s privacy policy which is available at www.astralmedia.com.