NO PURCHASE NECESSARY TO ENTER OR PARTICIPATE IN THE CONTEST.
CONTEST BEGINS AT JULY 25, 2011 AND ENDS AT ON SEPTEMBER 28, 2011
1. HOW TO AUDITION: Any individual wishing to audition for the Get Fit with Nick promotion must attend an audition located at the RDV Sportsplex located at 8701 Maitland Summit Blvd, Orlando, FL 32810 on Wednesday, August 3, 2011 from 1-4pm EDT. If selected as a finalist, individuals must also be available from 5-7pm EDT on the same day. The audition will consist of an interview and a BMI screening. In order to be considered for the contest, applicants must fall under the obese or clinically obese range as defined by the National Institutes of Health (NIH). In order to participate in the audition process, individuals must also meet minimum eligibility requirements as defined in Section 3. A total of three (3) contestants and three (3) alternates will be selected from the audition process. Each contestant will have access to a personal trainer for at least one hour-long training session per day and membership at the RDV Sportsplex to utilize for free during the contest period. Alternates are to report for the first day of filming on August 8, 2011 from 4-7pm at the RDV Sportsplex for the initial assessment, but are to work out on their own for the remainder of the contest period. Alternates will only be asked to participate should one of the contestants quit or be disqualified and will not receive personal trainer services or membership to the RDV Sportsplex unless they become a contestant. There are two (2) ways to register for the audition: 1) complete the official registration form available at www.orlandomagic.com and click on “submit” (an “Online Entry”); or 2) attend the audition without an Online Entry and see if there are any audition openings. Online Entries will be accepted until 5PM EDT on Tuesday, August 2, 2011 or until all audition spaces have been filled. Any remaining audition spaces will be filled on a first come, first served basis. Due to time constraints, there is no guarantee that any individual will be seen for an audition, even with an Online Entry. No mechanically reproduced entries or, illegible, incomplete, forged or altered entries will be accepted. Sponsor(s) are not responsible for late, lost, stolen, damaged, garbled, delayed, postage due, misaddressed, or misdirected entries or mail or technical, hardware or software malfunctions, telephone failures of any kind, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications whether caused by the sender or by any of the equipment or programming associated with or utilized in this contest. Further, Sponsors are not responsible for electronic communications which are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant's e-mail account to receive e-mail messages. Each entry must be mailed or submitted separately. All entries become the exclusive property of Sponsors and will not be returned.
2. PRIZE: One (1) Grand Prize: Use of a Hardwood Suite at a Tier 4 Orlando Magic Basketball game inclusive of thirty (30) tickets (parking, food and beverage are not included), 1 Florida Hospital Eden Spa package consisting of a hair cut and a spa service of their choice (Massage or facial), Seven (7) week membership to the RDV Sportsplex and seven (7) week participation in the Body Transformation Challenge up to three days a week; with an approximate total retail value of $2,900. All offered prizes will be awarded.
3. ELIGIBILITY: The contest is open to individual natural persons who are legal residents of Florida who reside within a 75-mile radius of the Amway Center, 18 years of age or older as of the beginning of the contest, and have a BMI in the obese or clinically obese range according to the NIH, except for employees and their immediate families (spouse, parents, siblings, and children) and members of the same household of the Sponsor(s), Orlando Magic, Ltd., Orlando Events Center Enterprises, LLC, Amway Center, RDV Sports, Inc., the National Basketball Association (“NBA”) and its Member Teams, NBA Properties, Inc. and each of their respective parent organizations, subsidiaries, affiliates, directors, officers, owners, advertising and promotion agencies, and agents. In addition, if selected as a contestant or alternate, each individual must (i) sign a Publicity Release authorizing Sponsors to use such individual’s name, likeness and photos and videos of such individual for commercial purposes, (ii) a Physical Activity Release releasing all claims against the Sponsors for any injury incurred while participating in the contest, and (iii) obtain clearance from their doctor to participate in the competition and strenuous activity. Failure to provide a duly executed Publicity Release and Physical Activity Release and clearance from a doctor by the first day of filming, August 8, 2011, will result in disqualification. Contestants must also be available from 4-7PM EST on August 8, 2011 and each consecutive Wednesday from 4-6PM EDT during the contest period for filming the segments. Absence from more than one (1) filming session will result in disqualification. All contestants must be available for the final weigh in. Limit one (1) entry per person; anyone who submits multiple entries is subject to disqualification.
4. SELECTION OF WINNER: In order to win, the contestant must have lost the highest percentage of weight by the last day of the contest period when compared to the other contestants. An official final weigh-in with all participants will take place on the last day of filming, Wednesday, September 28, 2011 from 4-6pm EDT at the RDV Sportsplex. The initial weigh-in will take place the day of the audition. Winner will be determined by one or more representatives of the Orlando Magic, Ltd. and Florida Hospital, whose decisions are final on all matters relating to this contest. In the event of a tie, the contestant who has lost the highest percentage of body fat over the contest period will be determined the winner. The prize is not redeemable for cash and may not be transferred or substituted. No more than the advertised prizes will be awarded. Any difference between the stated value and actual value will not be awarded.
5. VERIFICATION OF WINNER AND DELIVERY OF PRIZE: Winner may be required to sign an Affidavit of Eligibility and Liability Release and Publicity Release. Prize may be awarded to the runner up of the contest if: a required Affidavit/Release is not returned within ten (10) days after mailing to winner; winner fail to meet the eligibility requirements set forth in Section 3; the prize notification letter or prize are returned as undeliverable; two attempts to contact winner by phone are unsuccessful; or winner declines the prize.
6. DISPUTE RESOLUTION
(a) Informal Dispute Resolution. Prior to filing any arbitration proceeding pursuant to paragraph 6(b) hereof, the party intending to file such a proceeding shall notify the other party in writing of the existence and the nature of the dispute. The parties each agree that within ten (10) business days of the other party's receipt of such notice, a representative of each party shall meet for a minimum of one (1) eight (8) hour day, or such shorter period of time if the dispute is more quickly resolved, in Orlando, Florida in order to attempt to amicably resolve the dispute. If such informal dispute resolution attempts prove to be unsuccessful, the notifying party may initiate the dispute resolution procedures available as set forth herein. Each party shall bear its own costs associated with the meeting and in no event shall either party be liable to the other for any costs or expenses incurred as a result of such meeting.
(b) Arbitration. Except as provided in paragraph 6(c) with respect to injunctive proceedings, and paragraph 6(a) with respect to informal dispute resolution, all controversies, disputes or claims arising between the parties arising out of or related to the contest shall be submitted promptly for arbitration to be conducted in Orlando, Florida, and administered by the American Arbitration Association. Such arbitration proceedings shall be resolved by a single arbitrator selected by mutual agreement of the parties. If the parties are unable to agree on the appointment of the arbitrator to resolve the dispute within thirty (30) days from the date when the request for arbitration initially has been communicated to the other party, such appointment shall be made by the American Arbitration Association. The arbitrator shall have the right to award or include in the award any relief deemed proper under the circumstances, including attorneys’ fees and costs incurred by the prevailing party. The award and decision of the arbitrators shall be conclusive and binding upon all parties hereto and judgment upon the award may be entered in any court of competent jurisdiction. The parties waive any right to contest the validity or enforceability of such award.
(c) Injunctive Relief. The parties acknowledge that violation of these Official Rules would cause irreparable harm that would not be adequately compensable by monetary damages. In addition to other relief, it is agreed that preliminary and permanent injunctive relief will be available to prevent any actual or threatened violation of such provisions.
7. GENERAL: This contest is void where prohibited or restricted by law and is subject to all applicable federal, state and local laws and regulations. The contest shall in all respects be governed by, and construed in accordance with, the laws of the State of Florida, including all matters of construction, validity and performance, without giving effect to its conflict of laws provisions. Taxes and fees, if any, are the sole responsibility of winner. Winner may be required to sign an IRS form 1099 or the equivalent. By participating in this contest, each contestant accepts the conditions stated in these Official Rules, agrees to be bound by the decisions of the judges, and warrants that he or she is eligible to participate in the contest. Sponsors reserve the right, in their sole discretion, to disqualify any contestant from this contest or any other promotion conducted now or in the future by Sponsors, Orlando Magic, Ltd., Orlando Events Center Enterprises, LLC, Amway Center, RDV Sports, Inc., the NBA and its Member Teams, NBA Properties, Inc. and each of their respective parent organizations, subsidiaries, affiliates, directors, officers, owners, advertising and promotion agencies, and agents if he or she tampers with the entry process or his or her fraud or misconduct affects the integrity of the contest. Sponsors reserve the right to cancel, terminate or modify the contest should any virus, bug, tampering, technical failure, unauthorized human intervention or other cause beyond Sponsors' control corrupt or affect the administration, security, fairness or proper conduct of the contest. Sponsors are not liable to a winner or to any other person for failure to supply the prize described herein (or any part thereof) by reason of such prize (or any portion thereof) becoming unavailable or impracticable to award for reasons beyond the reasonable control of the Sponsors, or for any force majeure event, technical or equipment failure, terrorist acts, labor dispute, or act/omission of any kind (whether legal or illegal), transportation interruption, civil disturbance, or any other cause beyond the reasonable control of the Sponsors. Winner agrees to hold harmless and indemnify Sponsors, Orlando Magic, Ltd., Orlando Events Center Enterprises, LLC, Amway Center, RDV Sports, Inc., the NBA and its Member Teams, NBA Properties, Inc. and each of their respective parent organizations, subsidiaries, affiliates, directors, officers, owners, advertising and promotion agencies, and agents from any and all liability, loss or damages or causes of action arising from or in connection with contestant’s participation in or winner’s receipt or use of the prize awarded in the contest. Winner agrees to the use of their name, likeness, biographical data, and/or voice in any and all advertising, promotions, and other publicity conducted by Sponsors, Orlando Magic, Ltd., Orlando Events Center Enterprises, LLC, Amway Center, RDV Sports, Inc., the NBA and its Member Teams, NBA Properties, Inc. and each of their respective parent organizations, subsidiaries, affiliates, directors, officers, owners, advertising and promotion agencies, and agents in any medium without additional authorization, compensation or remuneration to the extent permitted by law. Sponsors are responsible only for delivery of prize(s), not for use, utility, quality or otherwise.
8. WINNER LIST: To obtain notification of the winner, send a self-addressed, stamped envelope to: Get Fit with Nick 8701 Maitland Summit Boulevard, Orlando, FL 32810. Requests must be received by October 21, 2011. The list will be sent after selection of winner.
9. SPONSOR: Florida Hospital 2520 N. Orange Ave, Orlando, FL 32804, RDV Sportsplex, 8701 Maitland Summit Blvd, Orlando Florida 32810, Orlando Magic, Ltd., 8701 Maitland Summit Blvd., Orlando, FL 32810, and Orlando Events Center Enterprises, LLC, 8701 Maitland Summit Blvd., Orlando, FL 32810.