Terms and Conditions

Last updated on 2020-06-04


NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER THIS COMPETITION.

SPONSOR

The Ms. Health and Fitness (“Competition”) is sponsored by Ms. Health and Fitness (“Sponsor”).


PERSONAL INFORMATION

Your privacy is very important to us, which is why we have created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of these Terms and Conditions. Please read our Privacy Policy in its entirety.


LIMITATION OF WARRANTIES

The use of our Resources will meet your needs or requirements; the use of our Resources will be uninterrupted, timely, secure or free from errors; the information obtained by using our Resources will be accurate or reliable; and any defects in the operation or functionality of any Resources we provide will be repaired or corrected.

Any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.

No information or advice, whether expressed, implied, oral or written, obtained by you from Sponsor or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in these Terms and Conditions.


LIMITATION OF LIABILITY

Sponsor will use reasonable efforts to assure the accuracy, responsiveness and availability of the service to its users. Under no circumstance will we be liable for any direct or indirect damages with respect to the accuracy of the information, the availability of the service, the responsiveness of the service or your use of information provided to you by the service.


COPYRIGHTS/TRADEMARKS

All content and materials available on the Sponsor's webpage, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Sponsor, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Sponsor.

The information provided by the Sponsor is the copyrighted property of the Sponsor. Your use of this information is limited to you alone under the terms of this agreement. It may not be copied, retransmitted, sold or provided to others in any form or format except as provided for in this section of the Terms and Conditions.

The news media and subscribers may use brief portions of any material provided it is not distorted, Sponsor is given credit for the material utilized, and Sponsor is shown as the Copyright holder.

Entrants expressly assign any intellectual property rights in the Submitted Photographs to Sponsor, and waive any claims for copyright infringement or violation of the right of publicity.


GUARANTEE

UNLESS OTHERWISE EXPRESSED, SPONSOR EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.


GOVERNING LAW AND INDEMNIFICATION

This Competition is controlled by Sponsor from offices located in the state of Arizona, USA. It can be accessed by most countries around the world. As each country has laws that may differ from those of Arizona, by accessing our website, you agree that the statutes and laws of Arizona, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.

Furthermore, any action to enforce these Terms and Conditions shall be brought in the federal or state courts located in Maricopa County, Arizona, USA. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. All causes of action arising out of or connected with this Competition, promotion or any prize awarded shall be resolved individually, without resort to any form of class action; and any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs, which may be awarded to the prevailing party in accordance with applicable law. In addition, you agree that in any dispute arising from this agreement, the prevailing party will be entitled to recover its fees and costs.


COMMUNICATION

Collected information will not be shared with any third party and complies with our stated Privacy Policy.

SMS/TEXTING

When you provide us with your mobile phone number, you agree that Sponsor may contact you at this number via text message. Message and data rates apply. Message frequency may vary. Consent to be contacted via text message is not required in order to participate in the Competition. Reply STOP to discontinue text messages at any time or contact us at any time to opt out of future communication.

EMAIL

By providing your email address, you agree to receive emails from Sponsor (including newsletter, updates, and promotional offers related to the Competition). 


ENTRANTS

By entering the Ms. Health and Fitness Competition (the “Competition”), individuals submitting entries (each an “Entrant” and collectively, the “Entrants”) accept and unconditionally agree to be bound by these Official Terms and Conditions (the “Terms and Conditions”).

ELIGIBILITY

All Entrants must be women who are eighteen (18) years or older and Age of Majority on the date that the earliest of the Submitted Photographs were taken. Void where prohibited or otherwise restricted by applicable law.

Employees and family members of the Sponsor and its respective parent companies (collectively, the “Competition Entities”), are ineligible to participate.

RULES

Entrants agree to and must abide by all Competition Rules. Please read Competition Rules in its entirety.

PURCHASED VOTES

Entrants are not permitted to cast paid votes for themselves.

VOTERS

By voting in the Ms. Health and Fitness Competition (the “Competition”), individuals voting (each a “Voter” and collectively, the “Voters”) accept and unconditionally agree to be bound by these Official "Terms and Conditions" as well as the Voters "Terms of Purchase" as written above and set forth herein.

TERMS OF PURCHASE

By completing your purchase, you hereby agree to be bound by Arizona jurisdiction and liable to be tried in the Maricopa County, Arizona state court system if there is any evidence of unlawful activity pursuant to your purchase. You also hereby agree to be held financially responsible for any and all fees incurred by Sponsor, including any and all reasonable attorney fees, in relation to a dispute should an Arizona court determine any claims to be unlawful and rule in favor of the Sponsor. By your use of the website, you hereby acknowledge and accept the “Terms of Purchase” as set forth herein.

PURCHASED VOTES

Purchased votes are not donations and are not tax deductible.

DONATION

All votes purchased throughout the Competition are processed by Ms. Health and Fitness. At the end of the competition Ms. Health and Fitness 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.

REFUND POLICY

Since the Competition will be decided based upon votes the public casts, we do not issue refunds once a vote is fully cast through our system. As a voter, you are responsible for understanding this policy upon casting any votes for any entrant competing in the Competition. To maintain the integrity of the Competition, there will be no exceptions to this policy.

Sponsor has a NO REFUND policy, therefore all sales are final. There are no refunds. By making a purchase you acknowledge you have read and agree to the Competition's Terms of Purchase as well as our "No Refund" Policy, as written in herein.


AGREEMENT

This is the complete agreement, in combination with the Competition Rules and Regulations, and Privacy Policy, with respect to your use of the Sponsor’s webpage. Nothing published or said elsewhere should be viewed as a modification of this agreement.

CHANGES TO THIS AGREEMENT

We may occasionally update this agreement. When we do, we will also revise the "last updated" date at the top of the agreement herein, posted on this website. Such changes will be effective when posted by us. Your continued use of the service after the date upon which this agreement is changed and the changes are posted will constitute your continued acceptance of this agreement. Your only alternative, should you no longer wish to be bound by the Terms and Conditions of this agreement, is termination of your use of the service. No full or partial refunds will be offered in such an event.


CONTACT INFORMATION

If you have any questions or comments about these Terms and Conditions as outlined above, you can contact us here.