Last updated on 2020-07-28
Table of Contents
●Eligibility and Consent
●How to Enter
●How to Vote
●Notification to Entrants
●Requirements and Consent of Winner
●Waiver and Limitations of Liability
●Competition Withdrawal Request
It is not necessary for any Entrant to pay an entry fee, cast a vote, or tender payment of any kind to enter this competition. Open only to women who are eighteen (18) years or older and have also reached the age of majority for their respective jurisdiction of residence (“Eligible Age”). Further eligibility restrictions are listed below. It is not necessary for a Voter to pay to cast a vote, although a Voter may choose to do so if they wish to vote more than once per day during the Competition. Void where prohibited or otherwise restricted by applicable law.
By entering or voting in this Competition, individuals submitting entries (each an “Entrant” and collectively, the “Entrants”) and individuals submitting votes (each a "Voter" and collectively, the "Voters") accept and unconditionally agree to abide by and be bound by these Rules (the “Rules”) and the decisions of the Sponsor. Public voting will decide the winning entries among the Entrants selected to participate in the Competition and a Grand Prize will be awarded in accordance with these Rules. Any violation of the Rules, at Sponsor’s sole discretion, may result in disqualification. All decisions of Sponsor regarding this Competition are final and binding in all respects.
CONSUMER DISCLOSURE: You have not yet won.
ALL DATES SET FORTH IN THESE OFFICIAL RULES ARE APPROXIMATE. SPONSOR RESERVES THE RIGHT TO EXTEND ANY DEADLINES. ALL ENTRIES AND ANY OTHER MATERIALS SUBMITTED (INCLUDING BUT NOT LIMITED TO THE SUBMITTED PHOTOGRAPHS) BECOME THE SOLE PROPERTY OF SPONSOR AND WILL NOT BE RETURNED OR ACKNOWLEDGED. FALSE AND/OR DECEPTIVE ENTRIES, VOTES OR ACCOUNTS SHALL RENDER THOSE ENTRIES, VOTES OR ACCOUNTS INELIGIBLE.
Ms. Health and Fitness "Sponsor" is responsible for administering the Competition and can be reached here: Contact Sponsor.
Eligibility and Consent
All Entrants must be women of Eligible Age on the date that the earliest of the Submitted Photographs (defined below) were taken. All Voters must of Eligible Age on the date that their votes are placed. Void where prohibited or otherwise restricted by applicable law. Officers, Directors, and Employees of the Sponsor and the Sponsor’s Parent Companies (collectively, the “Competition Entities”), along with their respective family members, are ineligible to participate as Entrants or Voters. By entering this Competition, Entrants agree to Sponsor’s and Muscle and Fitness Hers’ use of their name, biographical information, and Submitted Photographs for both online and offline direct marketing purposes in connection with the Competition.
How to Enter
To enter, visit MSHEALTHANDFITNESS.COM (the “Website”) to complete and submit your official entry form. You must provide all information requested including three (3) different photographs of yourself that conform to the specifications required below (the “Submitted Photographs”) using the upload tool and instructions provided.
Entrants should appear in the Submitted Photographs. All Submitted Photographs must have been taken on or after Entrant reached Eligible Age. Submitted Photographs must not infringe or violate any right of any third party or entity, including but not limited to copyright, right of publicity, and right of privacy. Please check with the photographer and anyone appearing in the photographs to make sure that you have the rights to submit the photographs. Submitted photos should not contain obscene or otherwise offensive content. The determination of whether any image exhibits obscene or offensive content is at the sole discretion of Sponsor. False, deceptive, or incomplete entries or information provided by Entrants at any point relating to the Competition may render the entry ineligible regardless of when the problem is discovered.
Entrant agrees that Sponsor may contact an Entrant, including via auto-dialer, email message, or text message, for any purpose relating to the Competition including to request resubmission of one or more of the Submitted Photographs and/or to request that the Entrant submit Additional Photographs. Entrants may contact Sponsor or reply STOP to withdraw consent to be contacted via auto-dialer, email message, or text message at any time. While Entrants may have assistance in entering data and uploading the Submitted Photographs, each Entrant must otherwise complete the entry forms herself. As set forth in greater detail below, submission of photographs and entry in the Competition constitutes consent to the use of the Submitted Photographs in Muscle and Fitness Hers magazine, Ms. Health and Fitness and Muscle and Fitness Hers branded digital apps and websites, and otherwise in connection with the Ms. Health and Fitness and Muscle and Fitness Hers brands, and in any and all media now known or hereafter discovered for the full duration of the copyright in the applicable Submitted Photographs. By entering this Competition, Entrant represents and warrants that she is of Eligible Age and owns or controls all necessary rights in the Submitted Photographs to grant Sponsor the rights described herein.
Submission of a qualifying entry grants Sponsor and its representatives and agents the right to publish, use, adapt, edit, and/or modify such entry in any way, in any and all media, without limitation and without consideration to Entrant. Submission of an entry further constitutes Entrant’s consent to irrevocably assign and transfer to Sponsor all rights, title, and interest in the entry, including, without limitation, all copyrights reserved.
Except as otherwise permitted herein, only one entry per person will be accepted; all subsequent entries will be disregarded. Entrants may submit their entry forms and photographs using the above procedures anytime during the period between 06/04/20 – 07/28/20 (the “Entry Period”).After entering the Competition, the Submitted Photographs may be placed on the website, where they may be viewed by visitors to the website. Entrants may be requested to submit additional images (the “Additional Photographs”) for publication on the website, so long as such images do not display offensive content, are not obscene (as determined in the sole discretion of Sponsor), and do not infringe upon the rights of any person or entity, including but not limited to copyright, right of publicity, and right of privacy.
How to VOTE
ENTRANTS ARE NOT PERMITTED TO USE THEIR PERSONAL PAYMENT METHODS TO PAY FOR VOTES FOR THEMSELVES. ENTRANTS CAUGHT UTILIZING THEIR PERSONAL PAYMENT METHODS AND CASTING PAID VOTES FOR THEMSELVES MAY BE SUBJECT TO DISQUALIFICATION. Voters must be of Eligible Age and use a valid Facebook account. A valid Facebook account is the sole account of a real person and is not associated with automated voting services, fake votes, automatic voting bots, or fake accounts. During each round of the Competition, individuals with a valid Facebook account may use that account to cast one or more votes for one or more Entrants. Voters can vote by doing the following: (a) Voters will earn one (1) free vote every 24 hours by logging in to vote for their favorite Entrant(s) and verifying voter eligibility with a valid Facebook account; or (b) Voters can purchase additional votes (for one or more Entrants). “Qualifying Votes” are those placed in accordance with these Rules and the Competition Terms and Conditions (click link here), which can also be found on the Website. The winning Entrant(s) of each round of the Competition will be determined based upon the number of Qualifying Votes received, with those receiving the highest number of Qualifying Votes deemed the winner(s). “Bot” activity or any kind of robotic or automated voting mechanism is not an accepted form of voting and such votes will not be counted if discovered. If this type of false voting is detected, the associated IP address, email address and Facebook account will be banned from voting. Sponsor reserves the right to disqualify Entrants suspected in encouraging, soliciting, or otherwise knowingly participating in this type of activity, or any other voting activity Sponsor deems unfair at its sole discretion. Sponsor reserves the right, at their sole discretion, to disqualify any individual it finds to be tampering with the entry or voting process or the operation of the Competition.
Entrants may, at their discretion, offer reward incentives (“Rewards”) for their Voters in the form of a digital photo or video (containing no obscene, or otherwise offensive content) to be uploaded and delivered through the competition Website. Furthermore, Rewards are offered and delivered at the sole discretion of the Entrant and failure to offer or provide a Reward does not create a basis for a refund of a vote purchase. All purchases made through the Website are solely for the purpose of public voting and are in no way considered associated with any Reward being offered by an Entrant. Entrants are not entitled to any proceeds from votes purchased. By selecting a Reward, Voters hereby acknowledge this Reward policy and agree to be bound by the terms of the Reward purchase as set by each individual Entrant.
SPONSOR WILL SELECT, IN ITS SOLE, ABSOLUTE AND COMPLETE DISCRETION, WHICH ENTRANTS WILL PARTICIPATE IN THE COMPETITION. Selected Entrants will be divided into groups and advance to the initial public voting round. Public voting begins July 20th.
Top 20 (Starts July 20th and Ends July 30th) - Public voting will help reduce each group to the top twenty models.
Top 15 (Starts July 30th and Ends August 6th) - Public voting will help reduce each group to the top fifteen models.
Top 10 (Starts August 6th and Ends August 13th) - Public voting will help reduce each group to the top ten models.
Top 5 (Starts August 13th and Ends August 20th) - Public voting will help reduce each group to the top five models.
Group Winners (Starts August 20th and Ends August 27) - Public voting will help reduce to one preliminary winner in each group. Second place group finishers will advance to the Wildcard Round.
Wildcard Round (Starts August 28th and Ends August 30th) – Second place group finishers will be divided evenly into groups. Voting will be reset, and public voting will determine one (1) winner from each Wildcard group. Wildcard winners advance to the quarterfinals.
Quarterfinals (Starts August 31st and Ends September 10th) – Preliminary group winners and Wildcard winners will be divided into quarter-final groups. Voting will be reset, and public voting will determine one (1) winner from each quarter-finals group that will advance into the semi-finals.
Semi-Finals (Starts September 14th and Ends September 24th) – Quarter-final winners will be divided into semi-final groups. Voting will be reset, and public voting will determine one (1) winner from each semi-finals group that will advance into the final round.
Finals (Starts September 28th and Ends October 8th) – Voting will be reset, and public voting will determine the winner of Ms. Health and Fitness on October 8th.
Notification to Entrants
Selected Entrants for each round and the Grand Prize Winner will be notified by email, telephone, or other means reasonably calculated to provide notice, including but not limited to via auto-dialer, email message, or text message. Entrants consent to a background check that may be performed, at the sole discretion of Sponsor, to verify information provided by Entrants and compliance with these Rules, or for other reasons related to the Competition. If you are selected as the Grand Prize Winner, your information may also be included in a publicly available winner’s list.
The one (1) verified Grand Prize Winner in this Competition will receive a prize package valued at an approximate maximum retail equivalent of $50,000.00, comprised of a $20,000 (cash) honorarium and the $30,000 estimated value of (a) being photographed to appear on the Cover, and (b) being photographed to appear in a double page feature spread, interior pictorial in Muscle and Fitness Hers magazine (the exact number of pages for the interior page pictorial to be determined by Sponsor). The Grand Prize Winner may refer to herself as the “Ms. Health and Fitness Winner” in written and descriptive materials but only if such uses and displays are purely non-commercial and in no event suggest or create any confusion whatsoever that Sponsor or Muscle and Fitness Hers are endorsing or participating in any manner related to the use of its name, logos, or fonts.
The Grand Prize Winner will be photographed exclusively by a Ms. Health and Fitness staff photographer. The Grand Prize Winner must be available for the photo shoot within 60 days after the Competition ends, with specific dates to be determined, and must have all necessary travel documents. If the Grand Prize Winner is not available for the photo shoot for any reason, an alternate winner may be selected, and the Grand Prize will be transferred to the alternate winner. Cash winnings will be provided after receiving all necessary documentation in compliance with Competition eligibility and successful completion of feature photography at the Sponsor's designated location.
The Grand Prize Winner will be announced on the Website. By agreeing to appear as the winner of the Competition, the Grand Prize Winner consents to the use of her name, photos (including the photo shoot, two page spread, interview, etc.), and/or likenesses for advertising and trade purposes in connection with the Muscle and Fitness Hers brand, including without limitation, the Ms. Health and Fitness Competition and in Muscle and Fitness Hers Print and Digital Materials in the United States and any countries where the Ms. Health and Fitness and Muscle and Fitness Hers brands (as defined below) exist, in any and all media known or hereinafter discovered without territorial or time limitations and without additional compensation, except where prohibited. In the event there is an occurrence beyond the Sponsors control, including but not limited to a force majeure, or act of nature, etc., Sponsor may elect, in its sole discretion, to offer a full cash equivalency amount of $50,000 as the Grand Prize, in substitution for the current Grand Prize as described herein, in this Section. By accepting prize money, the Grand Prize Winner acknowledges compliance with these Rules. To the extent that any federal and/or state income or other taxes apply to the value of the prize(s) and/or award(s) provided to the Grand Prize Winner, the Grand Prize Winner shall be solely responsible for the reporting and payment of such taxes.
Sponsor reserves the right in its sole and absolute discretion to conduct additional promotions during the Competition (each, if any, an “Ancillary Sponsor Promotion”, and collectively, the “Ancillary Sponsor Promotions”). Ancillary Sponsor Promotions, if any, may be conducted in a manner that may or may not be related to elements of the Competition.
Prior to conducting, and throughout the duration of, any such Ancillary Sponsor Promotion, Sponsor may provide the following information about any such Ancillary Sponsor Promotion:
Who can enter such Ancillary Sponsor Promotions (e.g., Competition Entrants only, individuals casting votes in the Competition, the public, and/or combination of two or more of the foregoing categories);
The entry period for such Ancillary Sponsor Promotion;
How and when the winner(s) of such Ancillary Sponsor Promotion will be selected; and
The prize(s) to be awarded to the potential winner(s) of such Ancillary Sponsor Promotion, and all terms, conditions, and restrictions applicable to the use or redemption, of any such prize(s).
Examples of Ancillary Sponsor Promotions may include, but are not limited to, promotions related to incentivizing individuals to enter or vote for Entrants in the Competition during a designated period. These Rules, to the extent applicable, shall govern the Ancillary Sponsor Promotions.
Failure to comply with these Rules may result in disqualification. Sponsor reserves the right, in its sole discretion, to disqualify any individual as an Entrant or a Voter, including the voiding of votes, for reasons including: (a) acting in any manner deemed by Sponsor to be in violation of these Rules; or (b) acting in any manner deemed by Sponsor to be unsportsmanlike, disruptive, and/or with intent to annoy, abuse, threaten, or harass any other person. The Sponsor also reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Competition. ANY ACTION BY A VOTER, ENTRANT OR ANY OTHER INDIVIDUAL WHICH DAMAGES OR UNDERMINES THE LEGITIMATE OPERATION OF THE COMPETITION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH ACTION BE TAKEN, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND COSTS (INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Requirements and Consent of Winner
Potential winner will be required to execute an affidavit of eligibility, a liability/publicity release, model release and other documents (“Prize Claim Documents”). If any potential winner fails or refuses to sign and return all Prize Claim Documents within fourteen (14) days of prize notifications sent, the winner may be disqualified, and an alternate winner may be determined/selected. If you are selected as the winner, you consent to your information being included in a publicly available winner’s list. Except where prohibited, acceptance of a prize constitutes winner’s irrevocable consent to Sponsor and Muscle and Fitness Hers, its agents, successors and assigns or other designee's use of winner’s name, likeness, photograph, voice, statement, opinions, biographical information, prize and/or state/city of residence for advertising, promotional and publicity purposes in any and all media or format, worldwide, in perpetuity, without any permission, notification, payment or consideration except for the awarding of the prizes to the winner. Sponsor is not responsible for any change in address of Entrants. By accepting a prize, the Winner agrees to maintain her behavior in accordance with all applicable laws and generally accepted social practices while participating in any Competition activity, including but not limited to participation in or use of a prize. The Winner understands and further agrees that Sponsor has the right, in its sole discretion, to disqualify and remove the Winner from any activity at any time if Sponsor determines that the Winner’s behavior at any point is disruptive or inappropriate or may or does cause damage to person, property, or the reputation of Sponsor, or otherwise violates the policies of the prize providers.
Waiver and Limitations of Liability
PARTICIPANTS (TO INCLUDE ENTRANTS, VOTERS AND WINNERS) AGREE THAT IN NO EVENT SHALL SPONSOR, MUSCLE AND FITNESS HERS, PROMOTION ENTITIES, CONTEST OPERATORS, OR ANY PRIZE PROVIDER (COLLECTIVELY THE “COMPETITION ENTITIES”), WHICH INCLUDES THE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS OF EACH, BE LIABLE OR OBLIGATED TO AN ENTRANT, VOTER, WINNER, OR ANY THIRD PARTY IN ANY MANNER FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES OF ANY KIND IN ANY WAY RELATED TO THE COMPETITION, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES IN ADVANCE, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, ATTORNEYS’ FEES AND ARBITRATION COSTS. THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF ANY LIMITED REMEDY.
PARTICIPANTS FURTHER AGREE THAT ALL DECISIONS OF SPONSOR SHALL BE FINAL AND CONCLUSIVE ON ALL MATTERS RELATING TO THE COMPETITION AND THAT THE COMPETITION ENTITIES ARE NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE ENTRY INFORMATION, HUMAN ERROR, TECHNICAL MALFUNCTION, FAILURES, OMISSION, INTERRUPTION, DELETION, OR DEFECT OF ANY TELEPHONE NETWORK, COMPUTER ONLINE SYSTEMS, COMPUTER EQUIPMENT, SERVERS, ACCESS PROVIDERS, OR SOFTWARE, INCLUDING ANY INJURY OR DAMAGE TO PARTICIPANTS OR ANY OTHER PERSONS’ COMPUTER RELATING TO OR RESULTING FROM PARTICIPATION IN THIS COMPETITION, INABILITY TO ACCESS THE ENTRY WEBSITE OR ANY PAGES THEREOF, THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF ENTRIES, ENTRY SUBMISSIONS THAT ARE PROCESSED LATE OR INCORRECTLY OR ARE INCOMPLETE, GARBLED, OR LOST DUE TO COMPUTER OR ELECTRONIC MALFUNCTION OR TRAFFIC CONGESTION ON THE INTERNET OR ANY WEBSITE. PROOF OF ENTERING INFORMATION ON THE WEBSITE IS NOT CONSIDERED PROOF OF DELIVERY OR RECEIPT.
PARTICIPANTS ACKNOWLEDGE AND AGREE THAT SPONSOR DOES NOT MONITOR FOR OFFSITE ACTIVITY AND IS IN NO WAY RESPONSIBLE FOR MANAGING OR CONTROLLING OFF-SITE ACTIVITY VIA SOCIAL MEDIA AND/OR OTHER THIRD PARTY PLATFORMS INCLUDING BUT NOT LIMITED TO NEGATIVE AND DISPARAGING CORRESPONDENCE BETWEEN MODELS AND VOTERS, OFFSITE VOTE INCENTIVES, MISLEADING OR DECEPTIVE PROMOTIONAL TACTICS, OR ANY OTHER BEHAVIORS CONSIDERED TO BE MISLEADING OR UNSPORTSMANLIKE.
NOTICE REGARDING DISPUTE RESOLUTION. THESE RULES GOVERN WHAT CLAIMS YOU CAN BRING, WHAT DAMAGES YOU CAN CLAIM, AND HOW DISPUTES BETWEEN YOU AND THE COMPETITION ENTITIES RELATING TO YOUR PARTICIPATION AS AN ENTRANT, VOTER OR WINNER (COLLECTIVELY, A “PARTICIPANT”) IN THE MS. HEALTH AND FITNESS COMPETITION (THE “COMPETITION”) WILL BE RESOLVED. THE SECTIONS OF THESE RULES TITLED “WAIVER AND LIMITATIONS OF LIABILITY” AND “DISPUTE RESOLUTION” EXPLAIN WHAT CLAIMS YOU ARE WAIVING, WHAT DAMAGES YOU CAN CLAIM, AND CONTAIN AN ARBITRATION AGREEMENT AND WAIVER OF CLASS ACTION WHICH STATES THAT WE MUST ARBITRATE INSTEAD OF GOING TO A COURT BEFORE A JUDGE AND JURY AND THAT ALL SUCH ARBITRATION CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE OR MEMBER OR OTHERWISE ON BEHALF OF OTHERS IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING.
Claims shall be heard by a single arbitrator. The place of arbitration shall be Phoenix, Arizona. The arbitration shall be governed by the laws of the State of Arizona. Each party will, upon written request of the other party, promptly provide the other with copies of all relevant documents. There shall be no other discovery allowed. Hearings will take place pursuant to the standard procedures of the Consumer Arbitration Rules, although the parties can appear in person, by video or telephonically. The standard provisions of the Consumer Arbitration Rules shall apply. Arbitrators will only have the authority to grant relief as otherwise specified in these Rules. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. To the extent damages are awarded, the arbitration award shall be limited to actual out-of-pocket costs incurred. In addition, the prevailing party will be entitled to recover its attorneys’ fees and arbitration costs.
If for any reason the Competition and/or any Round of the Competition cannot be executed as set forth in these Rules, including but not limited to, as a result of acts of God, acts of war, natural disasters, weather, pandemic or epidemic illness, disease, acts of terrorism, computer virus, tampering, unauthorized intervention, fraud, technical failures, or other factors that may corrupt or affect the security, administration, fairness, integrity or proper conduct of the Competition, and/or if the Competition is compromised or becomes technically corrupted in any way, electronically or otherwise, the Sponsor reserves the right to cancel, terminate, suspend, and/or modify the Competition and/or any Round of the Competition with or without prior notice, and the Sponsor shall not in any way be responsible or liable for any such cancellation, termination, suspension, and/or modification of the Competition and/or any phase of the Competition. Further, if the Competition is terminated before the original end date, the Sponsor reserves the right, in its sole discretion to modify the procedure for selecting winners, unless the nature of the event giving rise to such termination renders it impossible to select the winner(s).
Competition Withdrawal Request
By entering or voting in Ms. Health and Fitness, you agree that a competition withdraw request or request for removal from the competition can take up to 48 hours to be processed and that a profile may still remain active during this length of time. Voters and Entrants both acknowledge and agree that no refunds will be given upon a model's request for removal from the competition. Ms. Health and Fitness does not encourage withdraw or voluntary removal from the competition as this portrays a disservice to voters. By voting, you understand and acknowledge that no refunds will be offered should an Entrant be eliminated, disqualified, or willingly withdrawn from the competition. Voters acknowledge that there are no exceptions to this policy.
BY PARTICIPATING IN THE COMPETITION AS AN ENTRANT OR A VOTER, YOU ARE NOT MAKING ANY DONATION TO CHARITY. PURCHASING VOTES DOES NOT QUALIFY AS A DONATION TO CHARITY. VOTE PURCHASES ARE NOT TAX DEDUCTIBLE. SPONSOR ALONE IS MAKING A DONATION OF CONTEST PROCEEDS TO CHARITY. BY SIMPLY PARTICIPATING IN THE COMPETITION AS AN ENTRANT, VOTER OR WINNER, YOU ARE NOT MAKING ANY DONATION TO CHARITY.
At the end of the Competition, Sponsor will be making a minimum donation of 25% of its proceeds earned from votes purchased to the Jared Allen’s Homes for Wounded Warriors, a not-for-profit 501(c)(3) organization, building and providing handicap-accessible homes to suit the individual needs of our injured United States military veterans.
If you have any questions or comments about the Competition as outlined above, or would like to request the name of the Grand Prize Winner, please contact Sponsor.
This Competition is not in any manner sponsored, endorsed, or administered by, or associated with, Facebook or Instagram.