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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 4 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 5
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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