How to Earn Premiere Qualifications

Transcription

1 TEAM BEACHBODY PREMIERE CHALLENGE 2015 OFFICIAL RULES SPONSORED BY: BEACHBODY, LLC 1. Challenge Description: Team Beachbody invites all Qualified Coaches to earn Elite Points to be eligible to qualify to receive rewards such recognition and VIP treatment at select Team Beachbody Events (as those terms are defined below)! See below for full details on qualifications, rewards and Team Beachbody Events. For information on how to earn Elite Points, please see the Team Beachbody Elite Challenge 2015 Official Rules ( Elite Challenge Rules ) available through the Coach Online Office on For information on how to earn Success Club Points, please see the Team Beachbody Success Club Points Challenge Official Rules ( Success Club Rules ) also available through the Coach Online Office on 2. Challenge Period: The Team Beachbody Premiere Challenge 2015 ( Challenge ) begins on January 1, 2015, at 12:00 AM Eastern Time ("ET"), and ends on December 31, 2015, at 11:59 PM ET ( Challenge Period ). Beachbody, LLC s ( Team Beachbody ) computer is the official time-keeping device for the Challenge Period. 3. Coach Eligibility: To participate in the Challenge and be eligible to win a reward, you must be a Team Beachbody Coach, current with all Coach Business Service Fees, in good standing, and in compliance with the Independent Team Beachbody Coach Policies and Procedures at all times during the Challenge Period, at the time any reward is awarded, and at the time of each of the Events defined below ( Qualified Coach ). How to Earn Premiere Qualifications 4. Premiere Qualifications: Subject to the terms, conditions and limitations herein, and verification by Team Beachbody, Team Beachbody is offering you the opportunity to qualify to earn the Premiere Rewards described in Section 5 below by doing all of the following: (a) Being a current paid as two (2) Star Diamond rank or higher (as defined in the then current Team Beachbody Compensation Plan) as of the close of the last bonus week during the Challenge Period ending on December 30, 2015 at 11:59 PM ET; (b) Earning One Hundred Thirty-Five (135) Elite Points as of the end of the Challenge Period*; and - *No Elite Point Limitation: The Elite Challenge Rules contain limits on how many Elite Points you can earn; those limitations do not apply for purposes of earning Premiere Qualifications. For purposes of Premiere Qualifications, you may earn as many Elite Points as possible towards the One Hundred Thirty-Five (135) Elite Point requirement. However, the ATV Increase set forth in Section 4(a)(i) of the Elite Challenge Rules will not be applied for purposes of earning Premier Qualifications. (c) Advancing at least two (2) Personally Sponsored Coaches to a lifetime rank of Diamond or higher during the Challenge Period who each hold a current paid as rank of Diamond or higher as of the close of the last bonus week during the Challenge Period ending on December 1

2 30, 2015 at 11:59 PM ET. The qualifications to earn the Premiere Reward in this Section 4 are collectively defined as, Premiere Qualifications. Premiere Rewards 5. Premiere Rewards: Subject to the terms, conditions and limitations herein, and verification by Team Beachbody, if you qualify for the Premiere Qualifications in Section 4 above, you will receive: (a) Title of Premiere Coach. (b) Two (2) VIP floor passes to general session and certain events during the Team Beachbody 2016 Coach Summit ( 2016 Coach Summit ). - Details: Team Beachbody will announce the dates, location and other information for the 2016 Coach Summit once they become available. In order to receive the two (2) VIP floor passes, you are required to register, purchase a ticket to, and attend the, 2016 Coach Summit. (c) Onstage recognition at the 2016 Coach Summit. (d) Two (2) VIP seats to certain events during the 2016 Leadership Retreat ( 2016 Leadership Retreat ). - Dates: Team Beachbody will announce the dates, location and other information for the 2016 Leadership Retreat once they become available. In order to receive the two (2) VIP seats, you are required to register, purchase a ticket to, and attend the, 2016 Leadership Retreat. (e) If you have registered for the 2016 S.S. Beachbody Cruise ( 2016 S.S. Beachbody Cruise ), you will be eligible to receive an invitation to the Premiere Reception at the 2016 S.S. Beachbody Cruise. - Limitations: The 2016 S.S. Beachbody Cruise is tentatively scheduled to take place on or around March 12, 2016 through March 17, 2016 onboard the Royal Caribbean Oasis of the Seas Cruise Ship. In order to receive your invitation to the Premiere Reception, you must register and fully pay for, and attend the 2016 S.S. Beachbody Cruise. For details, please see the S.S. Beachbody Challenge 2015 Official Rules available through the Coach Online Office. (f) Custom 2015 Premiere apparel. Approximate retail value for all Premiere Rewards: $985. Events: The 2016 Coach Summit, 2016 Leadership Retreat and 2016 S.S. Beachbody Cruise are each referred to in these Official Rules as an Event, and collectively, Events. Preconditions/Requirements to Receive Premiere Rewards: Before you receive any rewards which include attendance and/or an invitation to an Event, you must (as applicable) register, pay for and attend the Event, and comply at all times with any terms and conditions of Team Beachbody and relating to the particular Event. For example, in order to receive the two (2) VIP floor passes to the 2016 Coach Summit, you must properly register, pay for and attend the 2016 Coach Summit, and comply at all times with any terms and conditions of Team Beachbody and the 2016 Coach Summit. 2

3 6. Challenge Calculation and Decision: Preliminary evaluation of Elite Points, Success Club Points and Premiere Qualifications will be held in or around January 2016, and may be posted by Team Beachbody on leader boards on during the Challenge Period, in Team Beachbody s discretion. Potential winners of Premiere Qualifications will be notified in or around January 2016 on However, final winners will not be determined until on or around February 28, 2016 to ensure that each potential winner s Premiere Qualifications do not change for any reason, including due to any deduction of Elite Points, Success Club Points, PV or ATV, whether due to returned product (including product returned through February 28, 2016) or as otherwise set forth herein, the Elite Challenge Rules or the Success Club Rules. In Team Beachbody s discretion, each potential winner and his/her companion will be required to sign and return to Team Beachbody, within seven (7) days of notice or attempted notice, an affidavit of eligibility and liability/publicity release and waiver, in order to claim the reward. If a potential winner or his/her companion fails to sign and return an affidavit of eligibility and liability/publicity release and waiver within the stated time period, the reward will be forfeited or awarded to an alternate, in Team Beachbody s discretion. Note: When calculating qualifications for Qualified Coaches with more than one (1) Beachbody Coach Business Center, all activity that occurs from various business centers will be aggregated and reflected in the Qualified Coach s primary business center for purposes of determining Premiere Qualifications set forth herein. Only primary Beachbody Coach Business Centers are eligible to receive the Premiere Rewards set forth herein; Beachbody Coach Business Centers outside of the primary are not eligible to receive any rewards. 7. Additional Premiere Rewards Conditions. Premiere rewards will be awarded to potential winning Qualified Coaches following verification by Team Beachbody in its sole discretion of all requirements and qualifications in these Official Rules (including determination of ranks and verification of Elite Points), and provided that such potential winning Qualified Coaches meet the definition of Qualified Coach and all other terms and conditions herein. Failure to meet any such requirements or qualifications will result in forfeiture of all rewards, in Team Beachbody s sole and absolute discretion. Once verified by Team Beachbody, Qualified Coaches who earn rewards listed herein may receive or redeem (as applicable) such rewards as instructed by Team Beachbody. Expenses, costs or fees that are not otherwise expressly stated above, including any and all applicable travel, incidental costs, lodging and room costs (if applicable) (i.e., room service, mini bar charges, drycleaning, etc.), planning and/or other expenses, taxes, fees, insurance premiums or other costs arising from or related to the reward or any alternative or extended travel plans are not included and are the sole responsibility of each winner. Each winner will be solely responsible for booking and financing his/her and his/her travel companion s travel arrangements including air, ground, and any other transportation to and from the destination of any Event for which such winner received a reward. Rewards (including VIP passes and invitations) are not transferable and have no cash or other monetary value. No reward substitutions are allowed except at the sole discretion of Team Beachbody, who reserves the right to substitute a reward of equal or similar value. Any and all local, state, or federal taxes are the sole responsibility of Qualified Coach. Unless expressly stated otherwise by Team Beachbody in writing, rewards may not be combined with any other challenge, promotion reward, incentive, contest or other offer. 8. Who Can Enter: The Challenge is open to Qualified Coaches who are legal residents of the United States (including its territories) and Canada, who are at least 18 years old, or the age of majority in their legal state (or territory) of residence. Employees of Team Beachbody and their parent and affiliate companies, as well as their immediate household family members (including spouse, parents, siblings, and children, if applicable) are not eligible to participate in the Challenge. 9. Publicity: Except where prohibited, participation in the Challenge constitutes each Qualified Coach s consent to Team Beachbody s and its agents use of any information, video, or 3

4 testimonial of or provided by you before, during and/or after your receipt of any prize, including without limitation such Qualified Coach s name, image, likeness, photograph, voice, opinions, and/or hometown, state, and any biographical information for promotional purposes in any media, worldwide, without further payment, consideration or attribution to you. In addition to all other terms and conditions herein, as an express condition to acceptance of any reward, each potential winner recognizes that he/she may be required to provide an on-camera interview to take place before, during or after any of the Events for which you may receive a reward. 10. Release: I UNDERSTAND, ACKNOWLEDGE AND AGREE THAT ANY EVENT FOR WHICH I MAY RECEIVE A REWARD AND MY PARTICIPATION IN ANY ACTIVITIES BEFORE, DURING AND AFTER SUCH EVENTS (INCLUDING WITHOUT LIMITATION PARTICIPATION IN ANY EXERCISE, WORKOUTS OR OTHER PHYSICAL ACTIVITY, TRIPS, SPORTS, DANCING, AND CONSUMPTION OF MEALS AND ALCOHOL) (COLLECTIVELY, ACTIVITIES ) MAY HAVE POTENTIALLY SIGNIFICANT AND INHERENT RISKS AND DANGERS THAT NO AMOUNT OF CARE, CAUTION, INSTRUCTION, OR EXPERTISE CAN ELIMINATE. I HEREBY ACKNOWLEDGE AND WILLINGLY, EXPRESSLY AND VOLUNTARILY ASSUME ALL THESE RISKS WHICH MAY RANGE FROM MINOR INJURIES (SUCH AS NAUSEA, CUTS AND BRUISES) TO SEVERE PERSONAL AND/OR BODILY INJURY (SUCH AS SPRAINS, BROKEN BONES, CRIMES, ALCOHOL POISONING AND HEART ATTACK), DEATH OR DAMAGE TO OR LOSS OF PROPERTY OR PRIVACY, AND ANY RESULTING DAMAGES OR EXPENSES. I AGREE THAT I WILL NOT PARTICIPATE OR BE INVOLVED IN THE ACTIVITIES UNLESS I AM IN THE PROPER PHYSICAL CONDITION (INCLUDING BY OBTAINING PROPER ADVICE FROM MY MEDICAL PROVIDER IF APPLICABLE) AND WILL IMMEDIATELY STOP ANY ACTIVITY IF I FEEL PAIN, DIZZINESS OR OTHER DISCOMFORT. BY PARTICIPATING IN THE CHALLENGE OR ANY EVENT FOR WHICH I MAY RECEIVE A REWARD IN ANY WAY, TAKING PART IN ANY ACTIVITIES, OR ACCEPTING ANY REWARD THAT MAY BE AWARDED, YOU AGREE TO RELEASE AND HOLD HARMLESS BEACHBODY, LLC, TEAM BEACHBODY AND THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, SUPPLIERS, DISTRIBUTORS, ADVERTISING/PROMOTION AGENCIES, AND REWARD SUPPLIERS, AND EACH OF THEIR RESPECTIVE 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 OR PRIVACY ARISING OUT OF PARTICIPATION IN THE CHALLENGE, ACTIVITIES, RECEIPT OR USE OR MISUSE OF ANY REWARD THAT MAY BE AWARDED, OR ANY PUBLICITY ARISING OUT OF THE CHALLENGE OR ANY OF THE EVENTS FOR WHICH I MAY RECEIVE A REWARD. 11. General Conditions: Subject to all applicable federal, state, and local laws and regulations. Void where prohibited by law. By taking or participating in the Challenge, you confirm your full and unconditional agreement to these Official Rules and Team Beachbody s decisions, which are final and binding in all matters related to the Challenge. Achieving or accepting any reward that may be awarded in the Challenge is contingent upon fulfilling all requirements herein, and tax, regulatory, and legal obligations (including completion of any forms required in connection therewith) and any other requirements set forth in these Official Rules, which shall all be at your sole obligation. Team Beachbody reserves the right to cancel, suspend, and/or modify the Challenge, any of the Events or any part thereof for any reason, including due to force majeure (including act of terror or war), or if any fraud, technical failure, or any other factor beyond Team Beachbody s reasonable control impairs the integrity or proper functioning of the Challenge in any manner, or for any reason related to the administration of a Challenge, as determined by Team Beachbody in its sole discretion. Team Beachbody reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of any Challenge or to be acting in violation of these Official Rules, Team Beachbody Coach Policies and Procedures, or any other Team Beachbody promotion or in an unsportsmanlike or disruptive manner. Team Beachbody s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision or any other provision herein. 4

5 12. Limitation of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by you, printing 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, cable connections, or network hardware or software; (3) technical or human error which may occur in the administration of the Challenge or the processing of Elite Points, reward notification, and/or winner confirmation; (4) any lost, late, delayed, corrupted, undelivered, or undeliverable Challenge communications or reward notification; (5) any cancellation, suspension or modification of the Challenge or the Events; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from your participation in any Challenge, attendance at the Events, or receipt or use or misuse of any reward that may be awarded. If for any reason your Elite Points are confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, your sole remedy is to earn additional Elite Points during the Challenge Period, provided that if it is not possible to earn additional Elite Points for any reason, including due to discontinuance of the Challenge, none shall be awarded. 13. Disputes: All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of you and Team Beachbody in connection with the Challenge, shall be governed by, and construed in accordance with, the laws of the State of California, U.S.A., and resolved in California courts, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California. You and Team Beachbody each agree that any action relating to these Official Rules or the rights and obligations of you and Team Beachbody in connection with the Challenge shall exclusively be brought in Los Angeles County, California, and each party irrevocably consents to the jurisdiction of the State and Federal courts located in Los Angeles, California. You and Team Beachbody each expressly waive any objection that it may have based on improper venue or forum non conveniens to the conduct of any such suit or action in any such court. Except where prohibited, all Challenge participants or reward awardees hereby agree that any claims, disputes, or actions of any kind shall be resolved individually, without resort to any form of class action, and waive all rights to claim indirect, punitive, incidental, or consequential damages, and/or multipliers of damages, and any other damages, other than for actual out-of-pocket expenses incurred as the result of participation in the Challenge or acceptance of any reward that may be awarded. The parties each hereby agree to waive their respective rights to a jury trial of any claim or cause of action related to or arising out of the Challenge. The scope of the waiver is intended to be allencompassing of any and all disputes that may be filed in any court and that relate to any Challenge, including without limitation, contract claims, tort claims, breach of duty claims, and all other common law, regulatory, and statutory claims. In the event of litigation, these Official Rules may be filed as written consent to a trial by court. If any part of these Official Rules is declared invalid or unenforceable by a court of competent jurisdiction, it shall not affect the validity of the balance of these Official Rules. 14. Privacy Policy: All participants are subject to Team Beachbody s Privacy Policy which may be accessed through the bottom of or otherwise posted and updated on Team Beachbody s website. 15. Challenge Winners List and Rules: For a list of winners and/or a copy of these Official Rules, send a hand-printed, self-addressed, stamped envelope to Team Beachbody Premiere Challenge 2015 at 3301 Exposition Blvd., Third Floor, Santa Monica, California Requests must be received by June 30, Beachbody, LLC. ALL RIGHTS RESERVED. 5