Terms & Conditions
NU SKIN TRANSFORM IN 90 CHALLENGE OFFICIAL RULES
VOID WHERE PROHIBITED OR RESTRICTED BY LAW
1. Registration and Challenge Periods: Registration for The Nu Skin Transform in 90 Challenge (“Challenge”) begins at 12:00:01 a.m. Greenwich Mean Time (“GMT”) on September 1, 2013 and ends at 11:59:59 p.m. GMT on November 30, 2013 (“Registration Period”). The Challenge begins at 12:00:01 a.m. GMT on September 1, 2013 and ends at 11:59:59 p.m. GMT on February 28, 2014 (“Challenge Period”). The official time-keeping device is the Challenge Website (as defined below) computer.
2. Eligibility Criteria: Open only to existing Nu Skin Distributors or Sales Representatives with a valid Nu Skin ID number who purchase an ageLOC™* product on or after September 1, 2013, who are legal residents of a participating country (see list in Section #5) in one of the following regions where Nu Skin does business: Americas, North Asia, Pacific, Southeast Asia, EMEA, and Greater China, who have reached the age of majority in his/her jurisdiction of residence as of date of registration. Void where prohibited or restricted by law. Challenge is subject to all applicable national, federal, state, provincial and local laws, regulations and directives.
3. How To Enter: During the Registration Period, visit www.TR90.com (“Challenge Website”), click where indicated and follow the directions to register by providing registration information along with reading and agreeing to these Official Rules. You must also provide an Acceptance of General Release to complete your registration to become a “Registered Participant”. As a Registered Participant, in order to be eligible for a chance to win, you must: (1) participate in the Challenge by using the milestone tracker accessed on the Challenge Website (“Daily Tracker”) or by downloading and using the Daily Tracker in the official TR90 App, (2) submit and upload photos (“Photo Submission”) by the final day set forth in these Official Rules (ADDITIONAL INFORMATION REGARDING PHOTO REQUIREMENTS will be included in the Challenge registration); and (3) submit a Transformation Story. There will be a transformation story template (“Story Submission”) provided on the Challenge Website and TR90 APP during the Challenge Period. Becoming a Registered Participant and making the required Photo Submission and Transformation Story Submission will collectively be known as an “Entry,” or collectively as “Entries.” A Registered Participant who enters (“Entrant”) must be a Distributor or Sales Representative in good standing with Nu Skin in order to be eligible or win a prize. By submitting an Entry, you understand that your Entry is subject to the Acceptance of General Release and may be utilized in the sole discretion of Nu Skin Enterprises, Inc. (“Sponsor”) or its affiliates for marketing or promotional purposes.
The Entry must: 1) be complete to be eligible; 2) meet the minimum requirements as stated in Section 3 above; 3) be the property of the Entrant (or if any Photo was taken by a professional photographer, a release from the photographer is required including but not limited to the waiver of any moral rights the photographer may have in the Photo); 4) Photos must comply with all photo requirements provided on the Challenge Website, including but not limited to the requirement that no Photo may be altered in any manner (including using third party software such as Photo Shop). In the event Sponsor discovers any Photo submitted does not comply with the requirements set forth herein or found on the Challenge Website, the Entry will be automatically disqualified.
Any Entry deemed inappropriate or unsuitable, not in keeping with the image of Sponsor or its affiliates or that is not in compliance with these Official Rules, as determined by Sponsor in Sponsor’s sole discretion, will be disqualified. Entrants may not copy or otherwise plagiarize any portion of the Entry from any source. Any Entry that, in the Sponsor’s sole discretion, violates or infringes (or may infringe) any copyright, trademark, logo, mark that identifies a brand or other proprietary right of any person living or deceased or entity, or is otherwise objectionable, will be disqualified (however, appropriate usage of a Nu Skin or ageLOC logo or mark with permission from Sponsor is acceptable). Any Entry not in compliance with the Challenge Website requirements and these Official Rules may be disqualified at Sponsor’s sole discretion and the Sponsor reserves the right to verify the validity of Entries and Entrants. All Entries submitted become the property of the Sponsor and will not be returned. Please note: modifying, enhancing or altering a third party's pre-existing work does not qualify as an original work. No information regarding Entries or judging, other than as otherwise set forth in the Official Rules, will be disclosed. All final Entries must be received by 11:59:59 p.m. GMT on November 30, 2013. All Transformation Stories must be submitted by 11:59:59 p.m. GMT on March 3, 2014 in order to be eligible for prizes.
4. Participating Nu Skin Regions and Countries:
Region A (Southeast Asia and Pacific): Indonesia, Singapore, Malaysia, Brunei, Thailand, Philippines, and Vietnam (subject to approval and successful registration with relevant Vietnamese authority, if applicable), Australia, New Zealand, French Polynesia
Region B (North Asia): Republic of Korea, Japan
Region C (Americas): United States, Canada, Argentina, Brazil, Columbia, Costa Rica, El Salvador, Guatemala, Honduras, Mexico, and Venezuela
Region D (EMEA): Belgium, Czech Republic, Denmark, Germany, Spain, Finland, France, Iceland, Ireland, Italy, Luxembourg, Hungary, The Netherlands, Norway, Austria, Russia, Poland, Portugal, Romania, Switzerland, Slovakia, Sweden, Turkey, Ukraine, United Kingdom, Israel, South Africa
Region E (Greater China) – Please note: participation requirements are different in Greater China, and are as follows: Entrants from Hong Kong, Taiwan must be Executive + level Distributors. Entrants for mainland China must be Sales Representatives.
There will be a total of three (3) winners per Region for a total of fifteen (15) Grand Prize winners.
Judging Round 1: All Entries will be evaluated at the market level for eligibility at the time of Transformation Story submission. All eligible submissions will be posted to the market photo gallery. On or about March 10, 2014, all eligible Entries received during the Challenge Period will be judged by a panel of judges determined by the Sponsor (collectively, “Judges”) to determine the 50 Entries per market for a total of two thousand, six hundred fifty (2,650) Entries that will be submitted for consideration as candidates for the Regional Finalist page based on the following criteria: (33%) Transformation goal and number detailed with supporting story; (33%) Transformation Photos (demonstrates transformation story); (33%) Use of product (compliance) (“Judging Criteria”). Sponsor reserves the right to select fewer than fifty (50) market Entries in Round 1 to submit as candidates for Round 2 in the event, at Sponsor’s sole discretion, it does not receive a sufficient number of eligible and qualified Entries.
Judging Round 2: On or about March 17, 2014 all eligible Entries received from round one judging in each Region during the Challenge Period will be judged by a panel of Judges determined by the Sponsor, for each Region to determine top transformation stories that will be submitted to Regional Finalist page within each Region based on the judging criteria used in Round 1. The top twenty-five (25) highest scoring Entries per Region will be deemed “Regional Finalists,” for a total of up to one hundred twenty-five (125) Regional Finalists. Sponsor reserves the right to select fewer than twenty-five (25) Regional Finalists per Region if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Entries. In the event of a tie, tied Entries will be re-judged by an additional tie-breaking judge determined by Sponsor using the judging criteria mentioned above. Decisions of the Judges, Sponsor and any additional judges are final and binding with respect to all matters relating to this Challenge. Each Regional Finalist will be notified by Sponsor on or about March 19 , 2014 and each Regional Finalist’s Entry will be posted on the Challenge Website on or about March 20, 2014.
Final Round Judging: Then, beginning on March 24, 2014, the Regional Finalists from each Region will be judged by Brandmovers, Inc. (“Administrator”) as well as a panel of judges determined by the Sponsor (collectively, “Finalist Judges”), based on the Judging Criteria used in Round 1. The Entry with the highest score from among all Regional Finalists per Region will be deemed the Grand Prize winner from that Region. The Entry with the second highest score from among all Regional Finalists per Region will be deemed the First Prize winner from that Region. The Entry with the third highest score from among all Regional Finalists per Region will be deemed the Second Prize winner from that Region. In the event of a tie, tied Regional Finalists will be re-judged by an additional tie-breaking judge determined by Sponsor using the judging criteria mentioned above. Decisions of the Finalist Judges, Sponsor and any additional judges are final and binding with respect to all matters relating to this Challenge. Each Prize winner will be notified by Sponsor on or about March 27, 2014 and each Prize winner will also be announced on the Challenge Website where the Prize winner’s Entry will be posted on or about March 31, 2014.
6. Prize Winner Notification: Potential Prize Winners will be notified by email, phone and/or mail within 2 days after winner determination. Potential Prize Winners will be required to sign and return an Affidavit of Eligibility (or Declaration), Liability/Publicity Release (where legal) and Assignment of Rights (“Affidavit/Release/Assignment”) within five (5) days of date of notification attempt in order to be deemed a Prize Winner. Affidavit/Release/Assignment will be delivered via email to the email address provided on Entry. Return of prize or notification as undeliverable, Sponsor’s inability to contact a potential Prize Winner within a reasonable time period or noncompliance with these Official Rules may result in disqualification and, at Sponsor’s discretion, a runner-up may be notified.
7. Prizes and Approximate Retail Values (“ARV”): Five (5) Grand Prizes (One (1) Grand Prize will be awarded per Region): $5,000.00 USD, awarded in the form of a check. ARV: $5,000.00 each. Five (5) First Prizes (One (1) First Prize will be awarded per Region): $2,500.00 USD, awarded in the form of a check. ARV: $2,500.00 each. Five (5) Second Prizes (One (1) Second Prize will be awarded per Region): $1,000.00 USD, awarded in the form of a check. ARV: $1,000.00 each. Total ARV of all prizes is $42,500.00 USD. No substitution or transfer of any prize is permitted, except by Sponsor, which reserves the right to substitute a prize (or portion thereof) with an item of comparable or greater value. Prize will be awarded to the Entrant only unless approved by Sponsor in writing. Each country’s applicable national, federal, state, provincial, municipal, and local taxes, charges or levies (e.g. income tax or individual contribution) are the sole responsibility of the winners. Sponsor will provide a statement of income with respect to the value of any prizes awarded, where applicable. All prize details are at Sponsor’s sole discretion. Odds of being determined a Prize Winner depend on the number of eligible Entries received, and their respective and comparative quality in terms of the judging criteria described above. Limit one (1) Prize per Entrant/email address.
8. General Rules: By participating in this Challenge, Entrants agree to be bound by these Official Rules and the decisions of the Sponsor and judges, which are final and binding in all matters relating to this Challenge. Sponsor and its respective parents, affiliates, subsidiaries, advertising and promotion agencies, including Administrator (collectively, “Released Parties”) are not responsible for technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled, or delayed electronic communications caused by the user or by any of the equipment or programming associated with or utilized in this Challenge or for any other problem or error of any kind, whether technical, mechanical, computer, network, printing, typographical, human or otherwise, including, without limitation, any error or problem which may occur in connection with the administration of the Challenge, the processing or judging or preparation of the Entries/Photos, the announcement of the prizes or in any Challenge-related materials. Released Parties are also not liable for damage to any computer system resulting from participation in, accessing or downloading information in connection with this Challenge or the Challenge Website. Released Parties are not responsible for lost, stolen, delayed, garbled, incomplete, inaccurate, misdirected or late Entries or Photos. Sponsor reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Challenge or the Challenge Website; violates the Official Rules; or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, or harass any other person and void all associated Entries. Any attempt by any person to deliberately undermine the legitimate operation of the Challenge may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor reserves the right, at its sole discretion, to terminate, modify or suspend the Challenge for any reason, including, but not limited to, if the Challenge is not capable of running as planned for any reason, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Challenge, and, if terminated, to determine the Finalists and/or winners (as applicable) from among all non-suspect, eligible Entries/Photos received prior to cancellation using the judging procedures outlined above.
9. For Quebec residents, any litigation respecting the conduct or organization of a publicity Challenge may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.
10. Grant of Rights/Publicity Release: By entering the Challenge, Entrant hereby grants Sponsor, its affiliates, subsidiaries, assigns, licensees, and legal representatives (collectively, “Licensed Parties”) the irrevocable, perpetual, worldwide, royalty-free, fully-paid up license to use, reproduce, edit, market, store, distribute, re-arrange, change, add to or delete from, translate, adapt, or otherwise revise and/or alter the Entry, publicly and privately display, communicate, publicly and privately perform, transmit, create derivative works based upon, and promote the Entry, for editorial, commercial, promotional, regulatory or legal reasons and all other purposes. In addition, Entrant hereby assign to the Licensed Parties all royalty-free, non-exclusive rights, titles, and interests that Entrant and the Photo Participant may be deemed to have in any reproduction, product, or derivative work using or incorporating the Entry. Entrant and Photo Participant represent and warrant that: (i) all rights to the Entry belong to Entrants/Photo Participants and the Entry does not and shall not infringe on any copyright or any other third party right nor violate any applicable law or regulation, (ii) Entrants/Photo Participants have the right to grant any and all necessary rights and licenses provided herein, including without limitation, all necessary copyright and other related rights to the Entry, free and clear of all claims and encumbrances without violating the rights of any person or entity, including any right to privacy or publicity, (iii) Entrant is a bona fide user of the ageLOC product and the statement made by the Entrant in the Entry has truly reflected his/her honest opinion, beliefs, findings or experience without any false or misleading representation, (iv) Entrant and Photo Participants hereby indemnify and hold the Licensed Parties harmless from and against any third party claim arising from use of the Entry and shall compensate the Licensed Parties for any losses of any nature whatsoever incurred or to be incurred by the Licensed Parties arising out of or relating to such third party claims and Entrant and Photo Participants waive any right to inspect or approve uses of the Entry or to be compensated for any such uses. Participating in the Challenge constitutes permission to the Sponsor and its designees to use Entrants’ and Photo Participant’s names, biographical information, pictures/portraits, likenesses and/or voices and Entries, for advertising, promotion, trade and other purposes, without further compensation, notification or permission, unless prohibited by law.
11. Limitation of Liability: BY PARTICIPATING, ENTRANTS AGREE THAT RELEASED PARTIES WILL HAVE NO LIABILITY (EXCEPT TO THE EXTENT SUCH LIMITATION IS UNENFORCEABLE UNDER LOCAL LAW) WHATSOEVER FOR, AND WILL BE HELD HARMLESS BY ENTRANTS/PHOTO PARTICIPANTS FOR ANY LIABILITY FOR ANY INJURY, LOSS OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING DEATH, AND PROPERTY, DUE IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE OR PARTICIPATION IN THIS CHALLENGE. Entrant hereby represents and warrants that he/she has read these Official Rules and is fully familiar with its contents.
12. Governing Law and Venue: The State of Utah courts (state and federal) located in the United States of America shall have sole jurisdiction of any controversies regarding the Challenge and the laws of the State of Utah and the United States of America shall govern the same. Each Entrant waives any and all objections to jurisdiction and hereby irrevocably submits to the venue of those courts within the State of Utah in the United States of America.
13. Severability: In the event any provision of these Official Rules shall, for any reason, be held to be invalid or unenforceable in any jurisdiction, such provision shall be ineffective as to such jurisdiction only, without invalidating or affecting the remaining provisions of these Official Rules or affecting the validity, legality or enforceability of such provision in any other jurisdiction.
14. Rules Govern: In the event of any discrepancy or inconsistencies between these Official Rules and disclosures or other statements contained in any Challenge related materials, including, but not limited to, the Challenge registration form, these Official Rules shall prevail, govern, and control.
Note to European Union Members: The personal data communicated through the entry form is processed according to the Belgian Law of December 8, 1992 on Privacy Protection, by Administrator, which appoints Nu Skin Belgium Nv/Sa The Corporate Village, Building D Elsinore, Leonardo Da Vincilaan 9, 1935 Zaventem, Belgium (Registration number: 455.925.635), as responsible for processing of the personal data.
16. Winners List: For the names of the winners, available after March 14, 2014, visit www.TR90.com.
17. Sponsor/Administrator: The Sponsor of the Challenge is Nu Skin Enterprises, Inc., 75 West Center, Provo, UT 84601 USA. The Administrator of the Challenge is Brandmovers, Inc., 1575 Northside Drive, Building 200, Atlanta, GA 30318 USA.