2018 OPTAVIA Rewards Trip Official Terms and Conditions

Transcription

1 2018 OPTAVIA Rewards Trip Official Terms and Conditions (Updated July 26, 2017) NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. VOID WHERE PROHIBITED OR RESTRICTED BY APPLICABLE FEDERAL, STATE, OR LOCAL LAWS AND REGULATIONS. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. OPEN ONLY TO LEGAL RESIDENTS OF THE UNITED STATES, THE DISTRICT OF COLUMBIA, AND OTHER LOCALES UNDER THE UNITED STATES JURISDICTION, INCLUDING PUERTO RICO, GUAM, US VIRGIN ISLANDS AND OTHER PROTECTED TERRITORIES. VOID WHERE PROHIBITED. MUST BE 18 YEARS OF AGE AND OLDER. INTERNET ACCESS AND ACCESS IS REQUIRED. 1. BINDING AGREEMENT: By participating in the 2018 OPTAVIA Rewards Trip Contest ( Rewards Trip or Contest ), participant (the OPTAVIA Coach, Coach, or Participant ) fully and unconditionally agrees to accept these Official Terms and Conditions and the decisions of the Sponsor, OPTAVIA, LLC ( OPTAVIA ), which are final and binding in all matters related to the Contest. To be eligible for the Trip outlined herein, the Coach must fulfill all requirements set forth herein. 2. ELIGIBILITY: This Contest is open to legal U.S. residents who are, during the Rewards Trip Qualification Period ( Qualification Period ), at least 18 years of age or older and are also an OPTAVIA Coach (defined as an individual who has purchased an OPTAVIA Coach Business Kit ( Business Kit ) in good standing and without disciplinary action (i.e., in compliance with the OPTAVIA Policies and Procedures, Independent OPTAVIA Coach Agreement, and Compensation Plan (collectively, the Agreement ). Void where prohibited by law. OPTAVIA, their respective promotions agencies, any of their respective parent companies, subsidiaries, officers, directors, partners, principals, partnerships, employees or agents (collectively, the Contest Entities ) and their immediate families (defined as spouse, mother, father, sisters, brothers, sons and daughters, regardless of where they reside) and members of their households (whether related or not) are ineligible to participate in this Contest. 3. QUALIFICATION PERIOD: The Qualification Period starts at 12:00 a.m. PST July 1, 2017 and ends 11:59 p.m. PST January 31, DEFINITIONS: The following terms shall have the following meaning for purposes of this Contest,

2 the Terms and Conditions and the activities for earning Trip Points: a. New Client: An individual who has never previously been a customer of OPTAVIA, Take Shape For Life, or Medifast. b. New Coach: An individual who has never previously purchased a Business Kit and/or been a Primary or Co-Applicant on any OPTAVIA Coach Account or any Take Shape For Life Coach Account; the New Coach must be sponsored during the Qualification Period. c. New Senior Coach/New, etc.: A Coach who has never previously achieved the rank of Senior Coach,, etc. since purchasing a Business Kit; the new rank must be achieved within the Qualification Period. d. Fully Business Coach Team: A unique line of business starting with the first qualified Fully Business Coach (FIBC) in depth. The first qualified Fully Business Coach (FIBC) in the line of business qualifies the team. A FIBC Team does not need to be personally sponsored. i. All other terms (including Coach ranks, etc.) not specifically defined herein, have the definition assigned to them in the OPTAVIA Compensation Plan which can be found in the Coach s back-offices. 5. REWARDS TRIP QUALIFICATIONS: Those Coaches who meet the following Rewards Trip Qualifications will be awarded the Trip described under Section 7, (the Trip ): a. Qualify as a Fully Business Leader, i.e., FIBL ( Global Director or Presidential Director), 6 out of 7 months during the Qualification Period; OR b. Qualify as an (or above) 3 out of 7 months during the Qualification Period AND earn a minimum of 600 Trip Points (Trip Points can be earned as described in Section 6). i. Qualifying ranks do not have to be achieved consecutively; however, all qualifying rank achievements must occur within the Qualification Period. For example, if a Participant qualifies as an in the months of June 2017, August 2017 and October 2017, only the months of August and October would count towards the Rewards Trip Qualifications, as the month of June did not fall within the Qualification Period. 6. EARNING TRIP POINTS: In order to potentially qualify for the Trip outlined herein, the Participant Coach may earn Trip Points during the Qualification Period by engaging in certain activities. Trip Points can be earned for the following Activities:

3 a. Trip Points: No. Activities Trip Points 1 Generate 300 FLV per month during the Qualification Period* 1 2 Sponsor a New Coach with 300 FLV from New Clients (in the New Coach s first 30 days) during the Qualification Period 10 3 As a qualifying Senior Coach or higher, develop a New Senior Coach (down to the next Senior Coach in depth) during the Qualification Period 30 4 As a qualifying or higher, develop a New (down to the next in depth) during the Qualification Period 50 *(Trip Point Activity No. 1) Coach will earn only 1 Trip Point per 300 FLV per month during the Qualification Period, for example, if a Coach generates 600 FLV in the month of August 2017, that Coach will earn 2 Trip Points. (Trip Point Activity No. 2) Regarding this New Coach sponsorship earning activity, the 300 FLV may occur over multiple months during the Qualification Period, for example, if a New Coach is sponsored on August 15, 2017 and the New Coach generates 150 FLV by September 13, 2017, the sponsoring Coach will earn 10 Trip Points. (Trip Point Activity No. 3) If a Coach qualifies as a Senior Coach or higher in September 2017 and has a frontline Coach who qualifies as a New Senior Coach in September 2017, the Sponsoring Coach would receive 30 Points for the month of September If the sponsoring Coach is not qualified as a Senior Coach or higher, the Trip Points for this activity would roll up to the next qualifying Senior Coach in the line of sponsorship. These New Senior Coach development Trip Points are calculated and awarded after the month is finalized based on the performance for that month. (Trip Point Activity No. 4) If a Coach qualifies as an or higher in September 2017 and has a frontline Coach who qualifies as a New in September 2017, the Sponsoring Coach would receive 50 Trip Points for the month of September If the sponsoring Coach is not qualified as an or higher, the Trip Points for this Activity would roll up to the next qualifying or higher in the line of sponsorship. These New development Trip Points are calculated and awarded after the month is finalized based on the performance for that month. b. Leadership Multiplier:

4 i. Coaches have the opportunity to multiply the Trip Points outlined above for meeting certain leadership qualifications ( Leadership Multiplier or Multiplier ): 1. The Leadership Multiplier will be applied for those Coaches demonstrating leadership in the field. For anyone performing at an Rank, such as: Regional Director (IRD), National Director (IND), Global Director (IGD), or Presidential Director (IPD), OR as a qualified Global or Presidential Director fulfilling the Fully Business Coach (FIBC) requirements (6000 FLV, 5 qualified Senior Coach Teams, 15,000 Group Volume and Certified). 2. A Coach meeting the aforementioned qualifications will receive a 10% Multiplier on each unique, qualified FIBC team. a. As a reminder, FIBC teams do not need to be personally sponsored. 3. Multiplier Example No. 1: If a Coach performs as an National Director in July 2017 and has 2 FIBC teams and 1 ED team, consisting of 2 s and 1, the National Director would receive credit for 2 FIBC teams. This would yield a Leadership Multiplier of 20% (10% X 2 Ranks). a. If that National Director had 50 Trip Points from point earning activities, those 50 Trip Points would receive a Multiplier of 20% for a total of 60 Trip Points earned in July Leadership Multiplier Example 1 National Director Rank # 1 For Multiplier Rank # 2 For Multiplier 4. Multiplier Example No. 2: If a Coach performs as an Regional Director in August 2017 and has an Global that makes up his/her FIBC team, the Coach would receive an additional 10% of the Trip Points earned during July (10% x 1 Rank). a. If that Regional Director had a total of 115 Trip Points, those Trip

5 Points would receive an additional 10% for a total of 127 Trip Points earned in August Leadership Multiplier Example 2 Regional Director Rank # 1 For Multiplier Global Director ii. Leadership Multiplier Trip Points are rounded up to the next whole point if the decimal point is.5 or greater. Leadership Multiplier Points are rounded down to the next whole point if the decimal point is lower than.5 (e.g.,.4 and below). 7. REWARDS TRIP DETAILS: a. Those Participants who meet the Rewards Trip Qualifications will receive an all-inclusive trip for two (2) for the achieving Coach and his/her guest to the Now Onyx Punta Cana Resort & Spa located in Punta Cana, Dominican Republic May 6-10, 2018.* b. The Trip includes: i. 5 day, 4 night accommodations at the Now Onyx (May 6-10, 2018) including all meals and most beverages, as part of the Unlimited-Luxury plan offered by the Now Onyx ; ii. Select activities available as part of the Unlimited-Luxury plan offered by Now Onyx; iii. $ per person airfare credit ; iv. Round trip transfers from destination airport (Punta Cana airport) to the Now Onyx

6 Punta Cana Resort & Spa ; and v. Select group events hosted by OPTAVIA (party, dinner, etc.). 1. Approximate Retail Value (ARV) of the Trip will be provided by the Company to achieving Coaches. *Trip (hotel, airfare, Unlimited-Luxury plan, etc.) and any activities are available only to the achieving Coach and their Guest; the Guest cannot be another Coach who did not qualify for the Trip. If the achieving Coach account consists of a primary and co-applicant, then those individuals are considered the achieving Coach and Guest. If the achieving Coach is the only Coach on the OPTAVIA Coach account, or either the primary or co-applicant is unable to attend, the achieving Coach may bring a Guest provided that he or she is over the age of 18 and is not an OPTAVIA Coach. The hotel room is based on a dual occupancy and the Unlimited-Luxury plan is limited to the achieving Coach and Guest. If the Coach or the accompanying Guest wish to bring a family member(s) on the Trip, the Coach/Guest is responsible for any and all costs/expenses related to their family member s travel, meals, accommodations, etc. Achieving Coach and Guest will be responsible for additional costs that may be incurred during the Trip that are not included in the Unlimited-Luxury plan offered by the Now Onyx. At the time of check-in, Achieving Coach/Guest will be required to provide a credit card for any incidental and/or additional costs that Coach/Guest incurs during the Trip, which will be the sole and exclusive responsibility of the Coach/Guest and will not be reimbursed by OPTAVIA. Hotel accommodations are for the dates of the Trip as listed above only, and the achieving Coach/Guest are responsible for any additional days and for arranging any additional days directly with the Now Onyx. Hotel accommodations are subject to availability and OPTAVIA may substitute a hotel of equal or higher quality in the event of unavailability. Once a Coach achieves the Trip and has registered electronically, they are responsible for making travel arrangements to Punta Cana. Should Coach/Guest airfare exceed the $ allowance per person, which will be applied via commission payout, Coach/Guest will be responsible for the additional cost exceeding this allowance. If, for whatever reason, the achieving Coach/Guest does not attend the Trip after the airfare allowance has been applied via commission payout, funds will be clawed back by the Company on the next commission payout (after the Trip has taken place). Round trip transfers from destination airport will only be provided on the dates of scheduled arrival and departure of the Trip, i.e., May 6, 2017 and May 10, 2017, respectively. If achieving Coach/Guest wishes to extend their stay at the Now Onyx or arrive at the airport on dates other than the scheduled arrival and/or departure dates, the achieving Coach/Guest will be responsible for arranging transfers to and from the Punta Cana Airport and the Now Onyx and the cost for same. 8. ADDITIONAL CONTEST TERMS: A. OPTAVIA reserves the right to amend the Official Terms and Conditions of the Contest and the aforementioned Trip, as required. B. OPTAVIA reserves the right to interpret the Qualifications of the Contest at its sole discretion. C. OPTAVIA reserves the right to audit and verify that all Contest Qualifications and requirements were met compliantly and by following the OPTAVIA Official Policies and Procedures, Coach Agreement, and Compensation Plan (all of these items are collectively referred to as the Agreement ). OPTAVIA reserves the right to revoke any Trips

7 which were achieved through non-compliant activities on the part of the Coach and/or were a violation of the Agreement. D. OPTAVIA does not allow or condone manipulation or fraudulent activity associated with the Contest or the Compensation Plan and, as such, OPTAVIA reserves the right to conduct an investigation prior to making any determinations concerning qualification for the Contest and the corresponding Trip. The discovery by OPTAVIA of any manipulation or fraudulent activity will be grounds for disqualification from the Contest and/or revocation of the Trip and potential disciplinary action pursuant to the OPTAVIA Policies and Procedures. Manipulation of this Contest or the Compensation Plan includes, but is not limited to, using Cash on Account to purchase full orders for Clients and/or Coaches; Cash on Account may only pay for a maximum of 50% of an order (for one of the purposes outlined in the Policies and Procedures) in order to be considered compliant. Additionally, placing orders under other Coach s accounts and/or personally purchasing items under fictitious or actual accounts with the purpose of gaining Trip Points or compensation, is considered manipulation. E. The account of any Coach, who was subject to disciplinary action during the Qualification Period, or at any time prior thereto, is subject to a review by OPTAVIA and is subject to disqualification from this Contest and earning the Trip and/or any associated rewards. F. Trip Points will only potentially qualify the Coach for the Trip outlined above. (Please note Trip Points are NOT the same as Qualifying Points which are earned via the Compensation Plan and are defined thereunder). G. Any undefined terms used throughout these Official Terms and Conditions shall be understood and construed as set forth and used in OPTAVIA s current Policies and Procedures and Compensation Plan. H. Coaches will be able to track their individual Trip Points and see his/her individual results via a dashboard in their Office in Motion; the dashboard will be updated at the close of each month during the Qualification Period. I. All reporting is preliminary until after the close of the Qualification Period on 11:59 p.m. PST January 31, J. Trip Points will be calculated, reviewed and verified by OPTAVIA following the close of each month, July 2017 through January 2018.

8 K. The Trip/rewards are valued in United States Dollars. OPTAVIA accepts no responsibility for any variation in the Trip/reward values. OPTAVIA reserves the right, in its sole discretion, to substitute a Trip or rewards of equal or greater value. The Trip/rewards cannot be used in conjunction with any other special offer. The Trip/rewards must be taken as offered and may not be assigned or transferred. The Trip/rewards, or any unused portion of the Trip/rewards, are not exchangeable and cannot be redeemed for cash, a subsequent trip, reward or other compensation. Achieving Participants who are unable to attend the Trip (May 6-10, 2018) will forfeit same and will not receive an alternative trip and/or rewards. L. The achieving Coach and/or Guest will be solely responsible for any and all incidental and ancillary expenses and all other costs and expenses which are not specifically listed as part of the Trip in these official Terms and Conditions and which may be associated with the Trip, acceptance, receipt and use of all or any portion of the Trip, including, but not limited to: checked baggage fees, transportation from Coach/Guest residence to and from departure airport, spending money, travel insurance, tolls, meals/beverages while in transit, etc. M. As a prerequisite for accepting and participating in the Trip, the achieving Coach and Guest must sign a Waiver/Release of Liability whereby Coach and Guest agree to indemnify, release and hold harmless OPTAVIA, and their respective, parents, affiliates and subsidiaries, from any and all liability, damages, losses or injury. N. To attend the Trip, achieving Coach and Guest are responsible for obtaining all valid documentation for travel, including but not limited to a valid passport and/or visa which meet the requirements of immigration and any other government authorities. Achieving Coach and Guest shall bear the sole responsibility for obtaining their individual passport and/or any required visas or other documentation and any and all costs related thereto. Any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of those authorities (including any costs associated with delay, will be the sole responsibility of the achieving Coach and Guest). Achieving Coach and Guest are responsible for ensuring compliance with any and all other travel requirements (including any required vaccinations, etc.) for all ingress and egress to the United States and the Dominican Republic and any and all costs relating thereto. O. ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED W ITH THE RECEIPT OR USE OF THE TRIP/REWARD ARE THE SOLE RESPONSIBILITY OF THE ACHIEVING COACH AND/OR GUEST AND WILL BE BASED ON THE APPROXIMATE RETAIL VALUE (ARV) OF THE

9 TRIP/REWARD. P. Coach assumes all risk of loss, damage, destruction, delay or misdirection of materials/ s submitted to OPTAVIA. OPTAVIA reserves the right, in its sole discretion, without prior notice and at any time, to cancel, terminate or suspend this Contest should virus, bugs, non-authorized human intervention or other causes beyond the control of OPTAVIA, corrupt or impair the administration of this Contest. Q. By participating, Coach agrees to be bound by the Official Terms and Conditions and the decisions of OPTAVIA and to waive any right to claim ambiguity in these Official Terms and Conditions. R. At its sole discretion, OPTAVIA may disqualify any Participant whom it considers to have intentionally violated these Official Terms and Conditions or any element of this Contest. S. OPTAVIA is not responsible for technical, hardware, software, or telephone failures of any kind, lost or unavailable network connections, fraud, incomplete, garbled, or delayed computer transmissions, whether caused by OPTAVIA, users or by any of the equipment or programming associated with or utilized in the Contest or by technical or human error which may occur and/or which may damage a user s system, hardware or software or limit a Coach s ability to participate in the Contest. T. Except where prohibited by law, Participants agree to grant OPTAVIA and any of its parents, affiliates or subsidiary companies, an irrevocable and transferrable license to use his/her name, photograph, likeness, city and/or state for advertising and publicity purposes for no additional compensation. Such material may be published through any form of media, including but not limited to print, social media, and on the Internet. 9. ARBITRATION: Except where prohibited by law, as a further condition of participating in this Contest, Participants agree that (a) any and all disputes and causes of action arising out of or in connection with this Contest, the Trip and/or any other rewards granted hereunder, shall be resolved individually, without resort to any form of class action, and exclusively, by final and binding arbitration under the rules of JAMS (alternative dispute resolution service) ( JAMS ); (b) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; (c) judgment upon such arbitration award may be entered in any court having jurisdiction; and (d) these Terms and Conditions, and this Contest, shall be governed by the laws of the State of Maryland. All arbitration proceedings and rules, and all materials produced pursuant to

10 the arbitration, shall be strictly confidential. All proceedings shall be conducted in the city of OPTAVIA s corporate offices. Except as prohibited by law, the parties waive all rights and claims to punitive, incidental or consequential damages, including attorney s fees, and Coach further waives all rights to have damages multiplied or increased. 10. INDEMNIFICATION AND LIMITATION OF LIABILITY: BY PARTICIPATING IN THE CONTEST AND/OR ATTENDING THE TRIP, EACH PARTICIPANT AGREES TO INDEMNIFY, RELEASE AND HOLD HARMLESSS OPTAVIA AND THEIR RESPECTIVE PARENTS, AFFILIATES AND SUBSIDIARY COMPANIES, INCLUDING BUT NOT LIMITED TO MEDIFAST, INC. OPTAVIA, ITS PARENTS, AFFILIATES AND SUBSIDIARIES, ADVERTISING AND PROMOTIONAL AGENCIES, AND ALL THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS FROM ANY LIABILITY, DAMAGES, LOSSES OR INJURY (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES) WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), CONTRACT, WARRANTY, STRICT LIABILITY, RELIANCE OR UNDER ANY OTHER THEORY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THAT PARTICIPANT S PARTICIPATION IN THE CONTEST AND/OR THE ACCEPTANCE, USE OR MISUSE OF THE TRIP/REWARD THAT MAY BE AWARDED, AND WHETHER OR NOT THE CONTEST ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE CONTEST ENTITIES AND THEIR RESPECTIVE PARENTS, AFFILIATES AND SUBSIDIARY COMPANIES DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE CONDITION, FITNESS OR MERCHANTABILITY OF THE TRIP/REWARD. 11. INTELLECTUAL PROPERTY: These Official Terms and Conditions and all related web pages, content and code are the property of OPTAVIA, LLC or authorized third parties. The copying or unauthorized use of any of those materials, associated trademarks or any other intellectual property without the express written consent of its owner is strictly prohibited. 12. SEVERABILITY: If any term or other provision of these Official Terms and Conditions is determined to be invalid, illegal or incapable of being enforced by any rule or law, or public policy, such provisions shall be severed and all other conditions and provisions of these Official Terms and Conditions shall nevertheless remain in full force and effect. 13. SPONSOR: The sponsor of this Contest is OPTAVIA, LLC, Cronhill Drive, Owings Mills, Maryland,