Healthé Trim “Lose To Win” Weight Loss Challenge Official Challenge Rules

A complete copy of these rules can be obtained at the offices of any of the Cumulus radio stations identified

below (the “Stations”), during normal business hours Monday through Friday or by sending a self-addressed,

stamped envelope to a Station at the address provided below.

 

Participating Cumulus Radio Stations:

KBCY-FM, 2525 South Danville, Abilene TX 79605, www.kbcy.com

WWWW-FM, 1100 Victors Way Suite 100 Ann Arbor, MI 48108, www.w4country.com

KPLX- FM, 3500 Maple Avenue, Suite 1600, Dallas, TX 75219, www.995thewolf.com

WNNK-FM, 2300 Vartan Way, Harrisburg, PA 17110, www.wink104

KRBE-FM, 9801 Westheimer, Suite 700, Houston, TX 77042, www.104krbe.com

WZYP-FM, 1717 Us Hwy 72 East Athens, Al. 35611, www.wzyp.com

WFMS- FM, 6810 North Shadeland Avenue, Idianapolis, IN 46220, www.wfms.com

WLXX-FM, 300 West Vine Street, 3rd Floor, Lexington, KY 40507, www.929thebear.com

WHKR-FM/WAOA-FM, 1800 West Hibiscus Boulevard, Suite 138, Melbourne, FL. 32901, www.thehitkicker.com/www.wala.com

WAOA-FM, 1800 W. Hibiscus Blvd, Ste 138, Melbourne, FL. 32901

WSM-FM, 10 Music Circle East, Nashville, TN 37203, www.955thewolf.com

WHOT-FM, 4040 Simon Road, Youngstown, OH 44512, www.hot101.com

 

The Stations and HealthyLife Sciences, LLC d.b.a. Healthé Trim (“Healthé Trim”) will conduct the Healthé

Trim “Lose to Win” Weight Loss Challenge (the “Challenge”) substantially as described in these rules, and by

participating, each participant agrees as follows:

1. No purchase is necessary. Void where prohibited. All federal, state, and local regulations apply.

2. Challenge is open only to legal U.S. residents age 21 or older with a valid Social Security number at the

time of entry. Employees, agents, representatives, or affiliates of the Station, Cumulus Media Inc.,

Cumulus Broadcasting LLC, Cumulus Media Partners LLC, Susquehanna Radio Corp., HealthyLife

Sciences, LLC, participating sponsors, other radio stations, television stations and print advertising

companies serving the metro area, and their immediate family members and household members are not

eligible to participate. The term “immediate family members” includes spouses, parents, siblings,

grandparents, children, grandchildren and cohabiting significant others.

3. The Challenge will begin on Monday, January 18, 2010 and will run through Friday, March 19, 2010.

4. To participate in the Challenge, log on to the Station’s website at the address set forth above, click the

“Lose to Win” button, and complete an entry form explaining why you should be selected to participate

in the “Lose to Win” Challenge. Entries must include entrant’s name, address, email address, daytime

phone number, age, a current picture, current height and weight, and the amount of weigh you seek to

lose. Entries should also convey the entrant’s commitment and motivation to lose weight. All entries

must be received by midnight on Friday, January 22, 2010. Late, incomplete or illegible entries will be

disregarded.

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5. Each of the eleven (11) Cumulus radio markets will review the eligible entries submitted to their station

websites and select, in their sole and exclusive discretion, five (5) entrants to serve as Challenge finalists

(“Finalists”). The Finalists will be chosen based on the compelling nature of their stories, how much

weight they seek to lose, and a demonstrated commitment and motivation to lose weight. Finalists will

be contacted by the Station to participate in a recorded telephone interview and will be requested to

provide certain personal information to confirm their safe and healthy participation in the Challenge,

including all currently prescribed medications/dosages. Finalists will be required to certify in writing

that they have consulted with a qualified health care professional regarding their participation in the

Challenge and that they have not been advised against participating in the Challenge by such health care

professional. In exchange for being allowed to participate in the Challenge, Finalists will be required to

sign an assumption of risk and liability waiver and release agreement in favor of the Stations and

Healthé Trim. If an entrant is unable to be reached by the Station or fails or refuses to provide the

requested information or documents, the entrant will be disqualified from participating in the Challenge

and another entrant will be selected by the Station for eligibility consultation, and this process will

continue until each of the eleven (11) radio markets have selected five (5) eligible and qualified

Finalists.

6. During the week of January 25-29, 2010, the Stations will announce on-air the five selected Finalists for

their radio market. Healthé Trim will review the Finalists for each radio market and select, in its sole

and exclusive discretion, will choose one (1) Finalist from each radio market to participate in the

Challenge (each a “Challenge Participant”).

7. On Monday, February 1, 2010, each Station will announce on-air the Challenge Participant selected by

Healthé Trim to represent their radio market. Challenge Participants will be required to come to the

Station for an official “initial weigh-in” at the Station’s studios between 6:00am and 10:00am on

February 1, 2010. This initial weigh-in will monitored by Station representatives and will determine

each Challenge Participant’s starting weight for purposes of the Challenge.

8. The Challenge Participants will participate in a seven (7) week, Healthé Trim-sponsored weight loss

program from February 1, 2010 through March 18, 2010 (the “Challenge Period”). Challenge

Participants will receive a minimum of two (2) bottles of Healthé Trim product (valued at $55 each) and

personal coaching by a Healthé Trim consultant (valued at $1,000). During the Challenge Period,

Challenge Participants agree to use the Healthé Trim products to advance their weight-loss goals and to

accept weight-loss coaching from the Healthé Trim consultant. Other Healthé Trim supplements and

vitamins will be available free of charge to Challenge Participants for use during the Challenge Period if

they so choose. During the Challenge Period, Challenge Participants will be required to participate in

interviews with Station personnel and/or blog about their weight-loss progress and Challenge

experience, including providing photographs demonstrating their weight-loss progress.

9.

Challenge Participants who participate in the Challenge for the duration of the Challenge Period

 

 

shall receive a $1,000 gift card for their participation.

Challenge Participants may elect to stop

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with the Challenge. Challenge Participants acknowledge and agree that the Challenge Sponsors are not

qualified health care professionals and their activities in conjunction with the Challenge are not intended

to be a substitute for informed medical advice or care, nor should any information received from the

Challenge Sponsors during the Challenge be used to diagnose or treat any health problems or illnesses

without first consulting a qualified health care professional. Challenge Participants further understand

and acknowledge that Healthé Trim products have not been evaluated by the Food and Drug

Administration are not intended to diagnose, treat, cure or prevent any disease.

16. All entry forms, devices, and materials gathered during the course of entry or during the Challenge

Period, as well as all information contained on or within, shall become the sole property of Healthé Trim

and the Station to be used, disposed of or destroyed in their sole discretion. Neither Healthé Trim nor

the Station shall be responsible for any incorrect or inaccurate information entered by website users, and

they assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or

transmission, communications line failure, theft or destruction or unauthorized access to the Station’s

website.

17.

All entrants, Finalists and Challenge Participants agree to give the Station and Healthé Trim, their

 

 

 

licensees, affiliates, successors, and assigns the irrevocable and unrestricted right to use, re-use,

broadcast, or publish their name, city of residence, photo, video tape, film or any other likeness,

including portraits and pictures, in whole or in part, as part of a composite, retouched or distorted in

character or form, their voice, recorded or live, and any and all written materials, including emails and

blogs, provided to the Stations and Healthé Trim as part of the Challenge, in hard copy, electronic

format or otherwise (collectively, “Challenge Materials”), for any reason the Stations and Healthé Trim

deem necessary without compensation, unless prohibited by law. All entrants, Finalists and Challenge

Participants release, discharge, and agree to save harmless the Stations and Healthé Trim, their parent

and subsidiary companies, affiliates, members, directors, officers, employees, agents and representatives

from any and all claims they may have against the Stations and/or Healthé Trim in connection with the

taking, production, and/or the use of the Challenge Materials. All entrants, Finalists and Challenge

Participants further acknowledge that the Stations and Healthé Trim own or will own exclusively all

Challenge Materials, including the copyrights in them, regardless of the form in which they have been or

may be produced and used, and all entrants, Finalists and Challenge Participants assign all such

ownership rights to the Stations and Healthé Trim.

18. By participating in the Challenge, entrants, Finalists and Challenge Participants agree to be bound by the

decisions of all Healthé Trim and Station representatives. Persons who violate any rule, gain unfair

advantage in participating in the Challenge, or obtain Finalist or Challenge Participant status using

fraudulent means will be disqualified. Unsportsmanlike, disruptive, annoying, harassing or threatening

behavior is prohibited. The Stations and Healthé Trim will interpret these rules and resolve any disputes,

conflicting claims or ambiguities concerning the rules or the Challenge and the decisions of the Station

sand Healthé Trim concerning such disputes shall be final. If the conduct or outcome of the Challenge is

affected by human error, any mechanical malfunctions or failures of any kind, intentional interference or

any event beyond the control of the Stations or Healthé Trim, the Stations and Healthé Trim reserve the

right to terminate the Challenge, or make such other decisions regarding the administration or outcome

as the Stations and Healthé Trim deem appropriate. All decisions will be made by the Stations and

Healthé Trim are final. The Stations and Healthé Trim may waive any of these rules in its sole

discretion. ANY ATTEMPT BY AN ENTRANT, FINALIST, CHALLENGE PARTICIPANT, OR

ANY OTHER INDIVIDUAL TO DELIBERATELY CIRCUMVENT, DISRUPT OR DAMAGE

ORDINARY AND NORMAL OPERATION OF THIS CHALLENGE, TELEPHONE SYSTEMS OR

 

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WEBSITES, OR UNDERMINE THE LEGITIMATE OPERATION OF THE CHALLENGE IS A

VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE,

THE STATIONS AND HEALTHE TRIM RESERVE THE RIGHT TO SEEK DAMAGES FROM

ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

19. The Stations and Healthé Trim reserve the right to limit the number of times an individual may enter a

contest or drawing. The Stations and Healthé Trim reserve the right to require contestants to be present

at drawings in order to win their prize. Odds of winning depend on a number of factors including the

number of eligible entries received.

 

 

participating in the Challenge at any time and for any reason by notifying a Healthé Trim or Station

representative, at which point they will be eliminated from further participation in the Challenge and

required to return any and all unused Healthé Trim products. Healthé Trim and/or the Station may

eliminate a Challenge Participant at any time from further participation in the Challenge for failure to

satisfy the obligations set forth in paragraph 8 above or for any other reason in their sole discretion.

Eliminated Challenge Participants will not be replaced and will not be eligible to receive the $1,000 gift

card.

 

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10. On March 18, 2010, Challenge Participants will be required to participate in an official “final weigh-in”

at the Station’s studios. This final weigh-in will be monitored by Station representatives and will

determine each Challenge Participant’s final weight for purposes of the Challenge. Using each

Challenge Participant’s initial and final weigh-in totals, Healthé Trim will calculate the percentage of

total body weight lost by each Challenge Participant during the Challenge Period by dividing the total

amount of pounds lost by the Challenge Participant’s initial weight by (e.g., initial weight 200lbs; final

weight 160lbs.; total weight loss 40lbs; 40lbs/200lbs = 20% loss of body weight). The Challenge

Participant achieving the highest percentage of total body weight lost will be deemed the Challenge

Winner.

11. On Friday, March 19, 2010, Healthé Trim will announce the Challenge Winner live over the air on the

Stations. Challenge Participants will be required to participate in the live announcement either in person

for via telephone. If it is determined that the Challenge Participant is not eligible to receive the

Challenge Prize, in the Station’s and Healthé Trim’s sole judgment and discretion, the Challenge

Participant with the second highest percentage of total body weight lost will be declared the Challenge

Winner, and this process will continue on until such time as an eligible Challenge Participant is found.

In the unlikely event that no Challenge Participants are found to meet the specifications, then the

Challenge Prize will go un-awarded. In the event of a tie, the Challenge Winner will be determined by

random drawing conducted by Healthé Trim.

12. One (1) Challenge Prize will be awarded. The Challenge Prize will consist of either: (i) a four (4) day,

three (3) night family vacation for the winner and three (3) immediate family members to either Walt

Disney World in Orlando, FL or Disneyland in Anaheim, CA, including coach airfare, single-room

accommodations at a Disney resort, and park admittance; or (ii) a four (4) day, three (3) night beach

vacation for the winner and three (3) immediate family members to Destin, FL, including coach airfare

and single-room accommodations at the San Destin Hilton. Certain restrictions and limitations,

including black-out dates, may apply. Total value of Challenge Prize package shall not exceed $5,000.

13. All State, Local, Federal and or other taxes, duties, tariffs, title fees, licensing fees, or other fees for

prizes awarded become the sole responsibility of the winner. All those who win a prize or prizes valued

$600 or more in any given year will be issued an IRS Form 1099 to report their winnings.

14. All prizes are awarded “as is.” Prizes are nontransferable and cannot be exchanged or sold. No

substitute prize will be awarded to a winner who declines to accept a prize. Prizes must be claimed in

person at the Station at the address identified above during regular business hours and within ten (10)

business days of winning, excluding holidays. After such time, ownership of said prize reverts back to

the Station to be disposed of at its discretion. The winner then loses all claims and rights to said prize.

Proper identification must be presented by any winner to claim prize. As a condition to receiving the

prize, any potential winner must complete and sign a Winner’s Affidavit and Release, releasing Healthé

Trim, the Stations, their affiliates, members, directors, officers, and employees from all liability in

connection with winner’s participation in the Challenge and acceptance, use, or non-use of the prize.

15. All entrants, Finalists, and Challenge Participants agree that Healthé Trim, the Stations, their parent and

subsidiary companies, and their respective affiliates, members, directors, officers, employees, agents and

representatives (collectively, the “Challenge Sponsors”) shall have no liability for any injury,

misfortune, or damage to either persons or property incurred by entering or participating in the

Challenge and/or by the use or non-use of any products or services provided or received in connection