GET ON YOUR OPTIMUS WEIGHT ! CHALLENGE 2022
1. CONTEST ENROLLMENT: Enroll in our 90-day GET ON YOUR OPTIMUS WEIGHT CHALLENGE between May 18, 2022, and Aug 18, 2022, and purchase ONE KIT OF 2 TREATMENTS OR ONE KIT OF 3 TREATMENTS FOR A MINIMUM OF $99.99, to enter for a chance to win one (1) of six (6) prizes. Prizes will be awarded in September 2022. Entrants will have the opportunity to submit an entry for consideration as more fully set forth below. By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of CREATIVA INTERIORS LLC, 815 FAIRVIEW AVE, FAIRVIEW, NJ ("Sponsor") which shall be final and binding in all respects. Sponsor's computer is the official time keeping device for this Contest.
During september 2022, six (6) Winners will be selected from the eligible Submissions received as more fully set forth below.
2. ELIGIBILITY: The Contest is open only to legal residents of the 50 United States, and the District of Columbia, who are at least the legal age of majority in their state/jurisdiction at the time of entry. Officers, directors, and employees of Sponsor, and each of their respective parent, subsidiary, and affiliate companies (all such individuals and entities collectively referred to herein as the “Promotion Entities”), as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee, are not eligible to enter the Contest or win a prize. Void where prohibited by law and subject to all federal, state, and local laws.
3. HOW TO ENTER THE CONTEST:
Step One: Eligible individuals (“Entrants”) must complete and submit an online contest registration at https://optimusweightchallenge.com/order-form1642422137176
Registration includes access to submit via Whatsapp before and after photos, plus optional photos of “Entrants” individual transformation journey.
The Submission must be completed in accordance with the specifications set forth at the Contest Registration Site (see above).
Step Two DURING THEIR 90 DAY "GET ON YOUR OPTIMUS WEIGHT", ENTRANTS MUST PURCHASE A MINIMUM OF ONE TRANSFORMATION KIT OF TWO (2) TREATMENTS OR THREE (3) TREATMENTS FOR A MINIMUM OF $99.99. First month purchase is required during Entrant’s contest submission between May 18, 2022, and Aug 18, 2022.
Kits and product purchases must be purchased online through the Transformation Challenge contest website.
Step Three: Entrant’s 90-day GET ON YOUR OPTIMUS WEUGHT CHALLENGE begins on the date of day five (5) after submitting their registration and ordering their OPTIMUS WEIGHT Kit option or product order. Entrants must take a photo that will be used as the “current/before” photo and submit it via this Whatsapp Number +18554563265 before the 5 days.
“Before/Current Photo” needs to meet the following criteria to be an acceptable submission: Photo must show Entrant’s full body, standing in front of a single color wall/background, with clothes that show silhouette of body (no loose clothing), arms hanging at either side or hand on hips- no crossed arms. Entrants must submit this photo mentioning their name and current weight in the message sent.
Step Four: Within 72 hours of Entrants reaching the end date of their 90-day transformation and contest period, Entrants must submit an “after” photo via this Whatsapp Number +18554563265 to qualify for award consideration. No “after” photos will be accepted after May 31, 2022.
“After Photo” needs to meet the following criteria for Entrant to qualify for award consideration: Photo must show Entrant’s full body, standing in front of a single color wall/background, with clothes that show silhouette of body (no loose clothing), arms hanging at either side or hand on hips- no crossed arms. Entrants must submit this photo mentioning their name and current weight in the message sent.
SUBMISSION REQUIREMENTS: Submissions must be the Entrant's original, previously unpublished work and not feature or focus on any material owned or controlled by third parties (including without limitation, third party copyrighted material). Submissions must not include images that are obscene, pornographic, libelous, or otherwise objectionable. In addition, Entrant must provide upon request all appropriate clearances, permissions, and releases for the Submission (in the event an Entrant cannot provide all required releases, Sponsor reserves the right, in Sponsor's sole discretion, to disqualify the applicable Submission, or seek to secure the releases and clearances for Sponsor's benefit or allow the applicable Submission to remain in Contest). Limit one Submission per person.
By entering, you understand and agree that your Submission in its entirety or a portion thereof may (in Sponsor's sole discretion) be posted on the Contest Site, social media platforms, television and/or other Sponsor-selected media. All Submissions must be completed and submitted by the end of the Contest Period to be eligible. Normal Internet access and usage charges imposed by Entrants' online service provider will apply. Any Submission that, in Sponsor's good faith judgment, violates the Submission requirements set forth herein or on the Contest Site will be disqualified. Any Submission that is considered by Sponsor in its sole and absolute discretion to be obscene, pornographic, libelous, hate speech or otherwise objectionable, in whole or in part, will be disqualified and will not be eligible for Submission. All requested information on the entry form must be completed to enter and to be eligible to win.
Proof of submission is not considered proof of delivery to or receipt of such Submission. Furthermore, the Sponsor shall have no liability for any Submission that is lost, intercepted, or not received by the Sponsor.
IMPORTANT NOTE: Any Entrant who incorporates any intellectual property or material owned by a third party into his or her Submission does so at his or her own risk. If Sponsor is duly notified that any element of an Entrant's Submission infringes upon the rights of another person and/or receives a legally valid request to remove the affected Submission from the Contest Site because of such infringement, such Submission may be removed from the Contest Site and/or disqualified from the Contest, as Sponsor may determine in its sole discretion. Further, no Entrant will be eligible to receive a prize unless the Sponsor determines, in its sole and absolute discretion, that such Entrant's Submission has been or can be sufficiently cleared for legal purposes.
WINNER SELECTION: Submissions will be judged by the GET ON YOUR OPTIMUS WEIGHT! Executive Team (the “Judging Panel”). All decisions of the Sponsor and the Judging Panel are final and binding in all respects of the Contest and not subject to challenge or appeal. The Judging Panel will select six (6) winners in September 2022. The Judging Panel will assign points to each participant and rank them from highest to lowest based on: weight loss percentage, weight loss absolute volume, and then given two points (up to 8 points) for: same picture background, same clothes, quality of the picture, and use of date and time stamp in connection with taking the picture.
Winners will be asked to submit a short story about their reason for joining their challenge and describing their experience, which will be used to promote the GET ON YOUR OPTIMUS WEIGHT CHALLENGE!, as part of the participation requirement.
WINNER NOTIFICATION: Each Winner will be notified by telephone, e-mail, and/or mail using the contact information provided in the Submission. Sponsor shall have no liability for any Winner notification that is lost, intercepted, or not received by the potential winner for any reason. If any potential Winner does not respond within the time required by Sponsor, or if the Winner notification is returned as unclaimed or undeliverable to any potential Winner, such potential Winner will forfeit his or her prize and an alternate Winner may be selected. If any potential Winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the prize for any reason, such potential Winner will be disqualified, and the prize may be awarded to the next highest scoring Submission.
Winner Prizes and Approximate Retail Values (“ARV”):
1st Prize: One (1) Winner. One winner will receive a $900 check
2nd Prize: Two (2) Winners. Each winner will receive a $350 check
3rd Prize: Three (3) Winners. EACH WINNER WILL RECIEVE A $200 WORTH IN PRIMOR AND/OR VITTORIO D' FIRENZE PRODUCTS AT REGULAR PRICES.
No substitution or transfer of Prize is permitted except at the sole discretion of the Sponsor who reserves the right to substitute a prize of equal or greater value in the event the Prize (or portion of Prize) is unavailable. Taxes and shipping cost, are applicable, related to all prizes including income taxes are the responsibility of the individual Winner. Prizes are awarded "as is" with no warranty or guarantee, either express or implied by the Sponsor. Prizes may be substituted for any reason at the discretion of the Sponsor. Prizes are not transferable. Prizes and any of the above listed components may not be sold, traded, transferred, refunded, substituted, commissioned, or redeemed for cash value. Winners are solely responsible for all federal, state, and local taxes and any other costs, incidentals, and any other expenses associated with Prize acceptance and use. The Prize is non-commissionable and no substitutions, transfers, or cash equivalents for the Prize (or Prize component) are permitted, except that Sponsor may substitute a Prize component of equal value for any reason. Any prizes pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Contest materials are for illustrative purposes only. All details and other restrictions of the Prize not specified in these Official Rules will be determined by the Sponsor at its sole discretion. Each potential prize winner may be required to execute an Affidavit of Eligibility and Release (“Prize Claim Documents”).
GENERAL RULES: The Promotion Entities and their service providers 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 the Contest or by any human error which may occur in the processing of the Submissions in the Contest or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with the Contest. Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the Submission process or the operation of the Contest; violates the Official Rules; or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and should such an attempt be made, Sponsor reserves the right to seek damages 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. If, for any reason, the Contest (or online voting) is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, then the Sponsor reserves the right at its sole discretion to cancel the Contest and determine the Contest winners from among all eligible Entries received prior to cancellation.
REPRESENTATIONS AND WARRANTIES / INDEMNIFICATION: Each Entrant represents and warrants as follows:
(i) the Submission accurately depicts his or her results during the Contest; (ii) the Submission is the Entrant's own original, previously unpublished, and previously un produced work; (iii) the Submission does not contain any computer virus (as applicable), is otherwise uncorrupted, is wholly original with Entrant, and as of the date of submission, is not the subject of any actual or threatened litigation or claim;(iv) the Submission does not and will not violate or infringe upon the intellectual property rights or other rights of any third party; and (v) the Submission does not and will not violate any applicable laws, and is not and will not be defamatory or libelous. Each Entrant hereby agrees to indemnify and hold the Promotion Entities harmless from and against all third-party claims, actions, or proceedings of any kind and from any and all damages, liabilities, costs, and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations, or agreements of Entrant hereunder.
GRANT OF RIGHTS: For good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, each Entrant hereby irrevocably grants Sponsor, its successors and assigns, a non- exclusive license (but not the obligation) to reproduce, publicly perform, stream, exploit and otherwise use the Submission throughout the universe, in perpetuity, for any reason whatsoever, including but not limited to the advertising, marketing, publicity and promotional purposes in connection with Sponsor and its products in any and all media, without further notice to, consent by, or payment to, Entrant. Without in any way limiting the foregoing, Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Submission for any purpose which Sponsor deems necessary or desirable, and each Entrant irrevocably waives all so-called moral rights they may have therein. Sponsor shall have the right to freely assign its rights hereunder, in whole or in part, to any person or entity. Sponsor shall retain the rights granted in each Submission even if the Submission is disqualified or fails to meet the Submission requirements set forth herein or on the Contest Site.
PUBLICITY RELEASE: By participating in the Contest, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and any Entrant in and/or winner of the Contest, each Entrant irrevocably grants the Promotion Entities and their respective successors, assigns and licensees, the right to use such Entrant's name, photograph, likeness, statements, biographical information, and any other personal characteristics, in any and all media for any purpose, including without limitation, advertising and Contest purposes as well as in, on or in connection with the Contest Site or the Contest or other promotions, and each Entrant and/or prize winner(s) hereby release the Promotion Entities from any liability with respect thereto.
NATURE OF RELATIONSHIP /WAIVER OF EQUITABLE RELIEF: Each Entrant hereby acknowledges and agrees that the relationship between the Entrant and the Promotion Entities is not a confidential, fiduciary, or other special relationship and that the Entrant's decision to provide the Entrant's Submission to Sponsor for purposes of the Contest does not place the Promotion Entities in a position that is any different from the position held by members of the general public with regard to elements of the Entrant's Submission. Each Entrant understands and acknowledges that the Promotion Entities have wide access to ideas, stories, designs, and other literary materials and that new ideas are constantly being submitted to it or being developed by their own employees. Each Entrant also acknowledges that many ideas or stories may be competitive with, similar, or identical to the Submission and/or each other in theme, idea, plot, format, or other respects. Each Entrant acknowledges and agrees that such Entrant will not be entitled to any compensation because of any Promotion Entity's use of any such similar or identical material. Each Entrant acknowledges and agrees that the Promotion Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission. Finally, each Entrant acknowledges that, with respect to any claim by Entrant relating to or arising out of a Promotion Entity's actual or alleged exploitation or use of any Submission or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable Entrant will not be irreparable or otherwise sufficient to entitle such Entrant to seek injunctive or other equitable relief and Entrant's rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
NO OBLIGATION TO USE: Sponsor shall have no obligation (express or implied) to use any Submission or to otherwise exploit any Submission or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of the Submission for any reason, with or without legal justification or excuse, and Entrants shall not be entitled to any damages or other relief by reason thereof.
DISPUTE RESOLUTION: Except where prohibited, by participating Entrants agree that all issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of participant(s) and Sponsor and its agents shall be governed by and construed exclusively in accordance with the laws of the State of New Jersey in the US without giving effect to any principles of conflicts of law of any jurisdiction. Furthermore, under no circumstances will Entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental, and consequential damages and any other damages, other than for actual out-of-pocket expenses. By participating in this Contest, each Entrant agrees: (i) that any and all disputes the Entrant may have with, or claims Entrant may have against, the Promotion Entities relating to, arising out of or connected in any way with (a) the Contest, (b) the awarding or redemption of any prize, and/or (c) the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act ( “FAA”), 9 U.S.C. §§ 1-16;
(iii) the arbitration shall be held in Fairview, NJ; (iv) the arbitrator's decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable Entrant may have entered into in connection with the Contest; (v) the arbitrator shall apply New Jersey law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only Entrant's and/or Sponsor's individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated;
the arbitrator shall not have the power to award punitive damages against the Entrant or Sponsor;
in the event that the administrative fees and deposits that must be paid to initiate arbitration against Sponsor exceed $125 USD, and Entrant is unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Sponsor agrees to pay them and/or forward them on Entrant's behalf, subject to ultimate allocation by the arbitrator; (ix) if the Entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of Entrant's filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (x) with the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (vi) is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision shall be null and void, and neither Entrant nor Sponsor shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com. Some jurisdictions do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above may not apply to you.
RELEASE: Entrants agree that the Promotion Entities (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Contest or any Contest-related activity, or from Entrants' acceptance, receipt, possession and/or use or misuse of any prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize's quality or fitness for a particular purpose. Sponsor assumes no responsibility for any damage to an Entrant's, or any other person's, computer system which is occasioned by accessing the Website or otherwise participating in the Contest, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. The invalidity or un enforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. If any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
WINNERS LIST: Available in September 2022.