3. Requirements for a Participation
Participation in the New Year Keto Challenge implies the acceptance of each and every one of the conditions established in this New Year Keto Challenge Official Rules and the acquisition of the condition of participant (“Participant”, “Participants”). The New Year Keto Challenge is open only registered users of eative.com, or any of its subdomains (the “Site”), at the time of entry, who are 18 or older at the time of entry, and who participate in the New Year Keto Challenge during the New Year Keto Challenge Period or who enter as otherwise provided below. Organizer reserves the right to require proof of eligibility at the time any prize is claimed.
Any person who is unable or unwilling to present such proof of eligibility shall not be eligible to enter the New Year Keto Challenge or claim a prize if selected as a winner.
The New Year Keto Challenge has two different categories: “The Chef Award” and the “Transformation Award”. Participants are allowed to participate in any category. In order to participate in the New Year Keto Challenge, it is essential to access the Site and post pictures of either their recipes or their transformation in the corresponding section provided for this purpose. In the event that a Participant who does not meet the above requirements is a winner, the Participant shall not be entitled to any Prize, and the Prize shall be awarded to the following Participant in order set out in the criteria established in this New Year Keto Challenge Official Rules.
4. Conditions of Participation
In order to guarantee the independence of the New Year Keto Challenge and its transparency, neither the employees of the Organizer nor those of its subsidiaries nor relatives of these up to the second degree of consanguinity, nor the affiliates, the adverting agencies, nor any company involved in the New Year Keto Challenge, nor each of their respective officers, directors and employees, as well as the immediate family members and/or those persons living in the same households of such employees, officers and directors are eligible to enter or win this New Year Keto Challenge.
Every Participant guarantees the accuracy of the information provided before or during participation in the New Year Keto Challenge. Any inaccurate statement shall cause the loss of the right to obtain the Prize and the obligation to return the Prize if it is discovered that the aforesaid information is inaccurate. The Organizer reserves the right not to admit or to expel as a Participant in the New Year Keto Challenge any user who has previously exhibited disruptive behaviour, prevented, or hindered with his/her words or deeds the smooth running of the New Year Keto Challenge and/or who, in any case, carries out actions that may be considered abusive, contrary to the general principle of good faith and/or the principles of independence, impartiality and/or objectivity towards the New Year Keto Challenge.
In no case whatsoever shall participations that might cause damage to the physical or moral integrity of any person, or that make statements or manifestations of a political, ideological, religious, or obscene nature, or that may in any form offend the honor of any third party may be admitted. Participations who, at the Organizer’s discretion, fail to meet the provisions of this paragraph shall be excluded.
5. Operative of the New Year Keto Challenge
Every Participant who meets the requirements and conditions previously stated in the New Year Keto Challenge Official Rules within the stated time period shall be permitted to participate in the New Year Keto Challenge. There is a limit of one (1) Participation per category, per person. By virtue of the New Year Keto Challenge, Participants may see the pictures of themselves, if they are participating in the “Transformation Award”, and/or of their recipes, if they are participating in the “Chef Award”, appear on the Site on a permanent basis, allowing other users of the Site to visualize said images. False, fraudulent and/or deceptive entries or acts shall render Participants ineligible for the New Year Keto Challenge.
In the event that the Organizer detects or has sufficient evidence, regardless of the route or technical means used for it, that a Participant is participating in the New Year Keto Challenge using credentials that do not correspond to his/her identity, impersonating another individual, as if they were different Participants, or failing to comply with another aspect of this New Year Keto Challenge Official Rules, the Organizer shall automatically proceed to the elimination and disqualification of the offending Participant.
No responsibility is assumed by Organizer, and Participant waives all claims for any problems or technical malfunction of any network lines, computer equipment, software, delay or failure of any electronic delivery of the entry, failure of any email or internet service, or any damage to Participant’s or any other persons’ computer.
6. Selection of the Winners
There will be one (1) winner for each one of the categories of the New Year Keto Challenge (“Transformation Award” and “Chef Award”). The winners shall be selected by a jury made up of 3 members of the Company. The jury shall take into account criteria like the quality and deliciousness of the recipes submitted (in the case of the “Chef Award”) and the magnitude of the physical changes experimented by the participant (in the case of the “Transformation Award”). The winners shall be chosen from all the Participants that meet the requirements expressly stated in this New Year Keto Challenge Official Rules (the “Winning Participant”, “Winning Participants”). The Winner shall be chosen after the New Year Keto Challenge has finalized.
The Organizer shall not be responsible in the event that any of the data of a Winning Participant are incorrect or if the data necessary for his/her identification and/or to the awarding of the Prize are incorrect and the awarding or identification cannot be carried out as a result. In this sense, by means of the New Year Keto Challenge Official Rules, 2 substitute winners shall be chosen, who may claim the Prize in the event that one of the selected Winning Participants refrains from claiming the Prize or does not sign the necessary documents to confirm his/her home address or does not meet the requirements detailed in this New Year Keto Challenge Official Rules.
In the event that an anomaly or irregularity in the participation in the New Year Keto Challenge is detected, or that the Winning Participant fails to meet any of the requirements and conditions of participation set out in the New Year Keto Challenge Official Rules, when the Organizer proceeds with the verification of the winners, the Organizer may exclude the Winning Participant associated with the aforesaid irregularities and breaches. The Winning Participant shall lose the right to obtain any Prize, and the Prize shall be given to a substitute Participant, specifically the one who is first on the list of substitutes. The aforesaid substitute shall become the Winning Participant and so on in the event that more irregularities are discovered.
7. Prize and Communication to the Winners
There will be one prize for each one of the categories (the “Transformation Award” and the “Chef Award”) of the New Year Keto Challenge: a peloton bike and a spa treatment. No exchange, transfer, assignment, or substitution of prizes (in whole or in part) is permitted, except Organizer reserves the right to substitute a prize of equal or greater value. Prizes are not redeemable for cash in whole or in part. All details and other restrictions of prizes not specified in these New Year Keto Challenge Official Rules will be determined by Organizer in its sole discretion. All federal, state and local taxes on a prize (if applicable), and any other fees or costs associated with the prizes are the sole responsibility of the winner. Limit one (1) prize per person, per calendar year.
The Organizer shall contact the Winning Participants individually by email once they have been selected. The Winning Participants shall have forty-eight (48) hours, from the date and time of receiving the email, to contact the Organizer for the purpose of proving their identity and, if appropriate, to accept the Prize through email. In the event that the Winning Participants have not contacted the Organizer within a period of forty-eight (48) hours from the date and time of the email has elapsed, they shall lose their status as Winning Participants and the Organizer shall proceed to declare the first substitute from the list as a Winning Participant.
8. Copyright, Intellectual Property and Images Rights
Participants of the “Transformation Awards” category will document their body transformation journey while using Organizer’s meal plan services by taking “before and after body photos (“Images”). Participants of the “Chef Awards Category” will prepare recipes based on the different ideas suggested by Organizer through its meal plan services and will document them by taking recipes images (“Images”). Participants will share certain images through Organizer’s Site. Organizer wishes to exploit the Images for promotion of its goods and services. In this sense, Participants agree to grant Organizer the exclusive right and license throughout the world, to exploit these Images in all formats and media, digital or otherwise, in connection with Organizer’s marketing, advertising, and promotion of its goods and services.
Moreover, in the event that the content that the Participants submit is subject to intellectual property or analogous rights, they agree to assign free and exclusive title to the Organizer, with the right to assign to third parties, exclusively or not, all the intellectual property rights, as well as any other analogous rights with the possibility that the Organizer or other third parties designated by the Organizer may carry out the widest possible exploitation of these rights on a global scale, by any means and in any form, through any modality and for the maximum time period that is permitted by law. In this sense, Participants agree that Organizer may reproduce, distribute, made available, communicate and transformate each and every element of the Images and content shared in connection to the New Year Keto Challenge, without limitation, for the entire universe and for the maximum duration recognized by the current legislation.
9. Warranties and Liabilities
If, for any reason, the New Year Keto Challenge is not capable of running as planned, including, due to tampering, unauthorized intervention, fraud, technical failures, “force majeure,” or any other cause or causes beyond the control of Organizer which corrupt or affect the administration, security, fairness, integrity or proper conduct of this New Year Keto Challenge, Organizer reserves the right in its sole discretion to cancel, terminate, modify, suspend or extend the New Year Keto Challenge and, in the event of any termination or cancellation, select a winner from among all eligible, non-suspect entries received before the termination or cancellation.
If any provisions of these January Official Rules are determined to be invalid or unenforceable, these New Year Keto Challenge Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or unenforceable provision were not contained herein. By participating in the New Year Keto Challenge, each Participant agrees that Organizer: shall not be responsible or liable for any threatened or actual claims, actions, losses, liabilities, damages or injuries of any kind (“Claims”) resulting from participation in the New Year Keto Challenge or in any related activity, or from Participant’s acceptance, receipt, possession and/or use or misuse of any prize; has not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize and specifically disclaims all such warranties, including without limitation, the implied warranties of merchantability and fitness for a particular purpose; shall be released and held harmless by entrant from any and all Claims; and shall not be responsible for any technical malfunctions, failures, or difficulties, printing errors, clerical, typographical or other error in the offering or announcement of the prize or in any prize notification documents, failure to collect entries, for incorrect or inaccurate entry information whether caused by any of the equipment or programming associated with or used in the New Year Keto Challenge, for any technical or human error which may occur in the preparation or processing of the entries in the New Year Keto Challenge, for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of entries, or for any other errors of any kind or nature.
Moreover, Winners agree to release and held harmless Organizer from any and all Claims arising out or in connection with the Prizes; Organizer shall not be responsible for any technical malfunctions of the Prizes. The prizes shall be provided on an "as-is basis" and without any warranty or guarantee concerning the quality, suitability or comfort, and Organizer and/or its associates, affiliates and/ or its management, directors, officers, agents, representatives shall not be responsible for or liable (including but not limited to the product and service liabilities) for deficiency and/ or defect of any prize or for any kind of consequential damages/ loss, in any manner whatsoever. If any Winner has any grievance with respect to the prize, he/she may directly contact the manufacturer.
10. Privacy and Publicity
, except to the extent required for prize fulfilment purposes and for purposes of disclosing the Winner and other publicity in any media, to which entrant consents without additional notice, review or compensation.
11. Governing Law and Jurisdiction
ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE NEW YEAR KETO CHALLENGE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF PARTICIPANTS OR ORGANIZER IN CONNECTION WITH THE New Year Keto Challenge SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES OR PROVISIONS. As a condition of participating in this New Year Keto Challenge, each participant agrees that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with this New Year Keto Challenge shall be resolved individually, without resort to any form of class action, exclusively before a court located in the State of New York having jurisdiction. Further, in any such dispute, under no circumstances will Participant be permitted to obtain awards for and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys’ fees, and participant further waives all rights to have damages multiplied or increased.