CEO Challenge Terms and Conditions

Official Rules And Regulations
The 2009 DailyBurn CEO Fitness Challenge is a self-improvement Challenge combining a body transformation and video essays. The 2009 Challenge will be conducted in the United States and will be open to residents of the United States, its territories, and possessions.

Timelines and Deadlines
To enter, follow the instructions at http://blog.dailyburn.com/fitness-challenge.  Incomplete and illegible entries will be disqualified. All video essays and “before” and “after” photos must be your unpublished, original story.

Champions will be announced on or before January 31, 2010 on blog.dailyburn.com. Participants may also send a separate, self-addressed, stamped business size envelope, which must be received by February 28, 2010, to DailyBurn Winners List, 515 Sparkman Drive, Huntsville, AL 35816, to receive a list of winners.

How You Will Be Judged
The DailyBurn judges will select one male winner and one female winner from each official sponsored challenge.

Judging will be based on the following criteria:

• Outer Transformation (“before” and “after” videos, final position in DailyBurn Challenges)—50% of total score
• Inner transformation (video essay)—50% of total score.

In addition, one overall DailyBurn CEO Challenge winner will be selected— determined by the judges to best represent DailyBurn. The likelihood of winning depends upon the number of entries received, and the quality of your entry compared to the quality of all other entry submissions as determined by the judges. In the event of a tie, tied entries will be scored based solely on the inner transformation essay and questions.

Who’s Eligible to Enter this Challenge?
2009 Challenge participants must be at least 18 years of age if residents of the United States, its territories and possessions, before
starting their DailyBurn CEO Fitness Challenge. The 2009 Challenge is subject to applicable federal, state, and provincial laws and is void where prohibited.

Employees of Daily Burn, its affiliates, subsidiaries, and any of their advertising, promotion and internet agencies, or consultants and contractors providing services for the 2009 Challenge, and all their immediate family members, along with all those with whom they are domiciled, may participate, but are NOT eligible to win. Immediate family means any of the following: spouse, ex-spouse, defacto spouse, child or step-child (whether nature or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.

Challenge participants may not use anabolic steroids or any strength-enhancing prescription drugs or medications unless prescribed by a physician to treat an existing medical condition.  If any winner is under the age of 21, DailyBurn reserves the right to require the signature of a parent or legal guardian on any documents.

Regulations and Requirements

DailyBurn reserves the right to interpret these rules and, if necessary, to amend the rules at its sole discretion and without notice to individual 2009 Challenge participants. Any amendments to the rules or changes in prizes will be published online at blog.dailyburn.com. Rule interpretations and all judging decisions are final.

2009 Challenge participant scores are proprietary to DailyBurn and will not be disclosed. DailyBurn shall have the sole right in its sole discretion to disqualify any 2009 Challenge participant without explanation for any reason at any stage of the 2009 Challenge, and DailyBurn shall be fully and completely released and discharged from any liability or responsibility in this regard.

Each 2009 Challenge participant assumes all risk of injury, harm or loss of any kind arising from participation in the 2009 Challenge. Consult with your physician or health care provider before starting any new exercise, nutrition or supplementation program, particularly if you suffer from any medical condition or regularly use prescription or over-the-counter medications. If you are not experienced with strength training, or if you are changing your exercise program, consult with a qualified trainer or coach. 2009 Challenge participants expressly release DailyBurn, its distributors and affiliated companies, and the directors, officers and employees of any of them from all risk, loss, injury, damage or harm that may arise from participating in the 2009 Challenge.

Winners who cannot be reached via their DailyBurn email account within ten (10) days will be disqualified.

Submission of your video entry on YouTube shall be deemed your acceptance of these Rules and Regulations (as may be amended).

Arbitration and Choice of Law

Except where prohibited by law, as a condition of participating in the 2009 Challenge, participant agrees that (1) any and all disputes and causes of action arising out of or connected with the 2009 Challenge, or any prizes awarded in connection therewith, shall be resolved individually, without resort to any form of class action, and exclusively by a sole arbitrator in a binding, non-reviewable and non-appealable proceeding conducted in accordance with the Non-Administered Arbitration Rules of the International Institute for Conflict Prevention & Resolution, 575 Lexington Ave., 21st Floor, New York, NY 10022, (2) any such proceeding shall be held in Huntsville, AL and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than participant’s actual out-of-pocket expenses (i.e., costs associated with entering this contest), and participant further waives all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participants and DailyBurn in connection with the 2009 Challenge, shall be governed by, and construed in accordance with, the substantive laws of the State of Alabama, USA without regard to Alabama choice of law rules.

DailyBurn does not necessarily adopt or endorse, and does not accept any liability for, any statements or claims that are made by any retailer or partner or associate, or website content that is posted on retailer or partner or associate sites.

Failure by DailyBurn to enforce any of its rights at any stage does not constitute a waiver of those rights.
Sponsor: DailyBurn, 515 Sparkman Drive, Huntsville, AL 35816.

Consult with your physician or health care provider before starting any new exercise, nutrition or supplementation program.