5th Annual “Health Kwest” 2015 Contest O cial

5th Annual “Health Kwest” 2015 Contest
Official Contest Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR
CHANCESOF WINNING.
CONTEST DESCRIPTION: The 5th Annual “Health Kwest” 2015 Contest (the “Contest”) takes place from December 29,
2014 through April 10, 2015 (the “Contest Period”). The Contest provides eligible entrants with the opportunity to
upload a video of themselves responding to the questions provided with the entry (the “Video”), as more fully set
forth below. Eligible Videos will be judged by representatives of Sponsor who will select one (1) Finalist per
participating Genghis Grill location (a maximum of 92 Finalists) who will be invited to participate in the “Health
Kwest” to gain points, as described herein. At the conclusion of the Contest Period, one (1) Grand Prize and one
(1) First Prize winner will be determined based on the overall number of points accumulated during the “Health
Kwest.”
By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these
Official Rules and the decisions of Genghis Grill- The Mongolian Stir Fry, 18900 Dallas Parkway Ste. 125, Dallas, TX
75287 (“Sponsor”), which shall be final and binding in all respects.
The Contest will flow as follows:
Application Period: The Application Period (“Application Period”):
12:00:01 p.m. Eastern Time (“ET”) on December 29, 2014 through 11:59:59 a.m. ET on January 26, 2015.
Selection Period: The Selection Period (“Selection Period”);
Throughout the Application Period and continuing through February 1, 2015 eligible entries will be judged
according to the judging criteria indicated below to select up to 92 Finalists to advance to the “Health Kwest”.
Health Kwest: The Health Kwest will take place from February 9, 2015 through April 10, 2015.
Winner Announcement: The Grand Prize and First Prize winners will be announced on or about April 15, 2015.
Eligibility: The Contest is open only to legal United States residents residing in Alabama, Arizona, Arkansas,
Colorado, Florida, Georgia, Iowa, Kansas, Kentucky Louisiana, Maryland, Minnesota, California, North Carolina, New
Mexico, Nevada, Oklahoma, South Carolina, Tennessee, Texas and Virginia who are twenty-one (21) years of age or
older. Employees, officers and directors of Sponsor, its parent, subsidiaries, affiliates, distributors, sales
representatives, advertising and promotional agencies and any other persons or entities associated with this
promotion (collectively, the “Contest Entities”) and each of their IRS dependents and immediate family members
(spouse, parents, children, siblings) and individuals residing in the same household of each (whether or not related),
are not eligible to participate in the Contest. Contest is void where prohibited by law.
How to Participate: To enter the Contest, go to www.healthkwest.genghisgrill.com (the “Website”) and follow the
on-screen instructions to complete the Contest registration form in its entirety and upload your Video or Picture to the Website.
Each Video that is submitted into the Contest must meet the following “Video Requirements” (any Video that, in
Sponsor’s sole and absolute discretion, violates the following criteria will be disqualified):
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Video must feature the entrant ONLY responding to the questions available on the entry form at the Website;
Video must be entirely original to the entrant and entrant must be the rightful owner of the Video included
with the entry or must have the rights, title and interest necessary to utilize the Video for the Contest in compliance
with these Official Rules;
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Video must be no longer than five (5) minutes in length;
Video must be in one (1) of the following formats: AVI, MOV, MP4, WMV, or M-peg4 and be no greater than 15
MB in size;
Video must NOT contain material which is (or promoting activities which are) sexually explicit, obscene,
pornographic, violent, self-mutilating (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.),
discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g.
underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, or harassing; or
material that contains any derogatory references to any Contest Entities;
Video must not contain or transmit any materials that contain software viruses or other computer code, files or
programs designed to impair, limit, interfere with or cause harm to any communications network operated by any of
the Contest Entities or the computers of any individual or entity participating in or otherwise associated with the
Contest;
Video must NOT include prominent 3rd party logos, insignia, trademarks, signage or slogans, other than those
belonging to Sponsor;
Video must NOT have been previously submitted to another contest or submitted to any entertainment entity
that would conflict with this Contest, as determined in the Contest Entities’ sole discretion;
Video must NOT contain any content that is protected by copyright, such as background music (without the
express prior written consent of the owner of such right), or include any recognizable locations or include names
and/or descriptions of any copyrighted media production, including, without limitation, films, books, television
programming, etc., or identifying descriptions of any media property;
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Video must NOT contain any derogatory references to any Contest Entities; and
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Video must comply with the Sponsor’s Terms of Use located at www.genghisgrill.com.
Each Photo that is submitted into the Contest must meet the following “Photo Requirements” (any Photo that, in Sponsor’s
sole and absolute discretion, violates the following criteria will be disqualified):
Photo entries may not contain any image or depiction of the following: (i) materials which include or constitute
trademarks, trade names or copyrighted works created or owned by any person or entity other than Entrant or for which the
Entrant has not obtained owner’s permission to use; (ii) materials bearing profanities, or bearing the name or likeness of any
celebrity, living or dead; (iii) materials which contain visible identifiable or potentially identifiable information including but
not limited to phone numbers, website links, street addresses, email addresses or license plate numbers; (iv) inappropriate
behavior for a general audience; (v) nudity or any depiction of real or simulated sexual acts; (vi) violence in any form; (vi)
materials which violate anyone’s reasonable privacy expectations, violate any known agreement, or which are defamatory in
nature; (viii) materials which are derogatory to Sponsor, or any affiliated entity or person; (ix) materials which are
discriminatory based on race, religion, national origin, physical disability, age, sex, or sexual orientation or preference; (x)
materials in which any person identifiable appears where no appropriate written release has been obtained from such person
granting all rights required herein; and, (xi) materials which do not comply with all other requirements in these Official Rules.
Entries which do not conform to these guidelines will be disqualified. Sponsor reserves the right to reject or disqualify any
entry which Sponsor, in its sole and absolute discretion, determines to be inconsistent with the letter or spirit of the Official
Rules or potentially damaging to its, the Contest’s, or another’s image or reputation. Waiver; Indemnification; Limitation of
Liability: Entrant hereby waives, releases, and agrees to indemnify Sponsor, from any and all claims that Entrant may now or
hereafter have in any jurisdiction arising from or in any way associated with Entrant’s participation in the Contest, including
but not limited to, claims, injuries, or damages relating to violations of rights of publicity, personality rights, loss of privacy,
moral rights, negligent infliction of emotional distress, or unfair competition with respect to Sponsor’s exploitation of the
photo without further compensation to Entrant of any kind. Sponsor is not responsible for any incorrect or inaccurate
information, whether caused by Entrants, or by any equipment or programming associated with the Contest, or by any
technical or human error which may occur in the operation of the Contest, including but not limited to, misprints or
typographical errors. If the Contest is not capable of running as planned for any reason, including but not limited to, infection
by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the
control of the Sponsor, the Sponsor reserves the right, at its sole discretion, to disqualify any individual who tampers with the
entry process (if applicable), and to cancel, terminate, modify or suspend the Contest in whole or in part, at any time, without
notice. Sponsor shall have sole discretion to award the prize using all non-suspect eligible entries received as of the
termination/suspension date. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay
in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries.
All entries must be received by the end of the Promotion Period. All requested information on the entry form must
be completed to participate in the Contest. Incomplete entries, or those containing incorrect information, will be
voided. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. Except as contemplated
in these Official Rules, personal information collected in connection with this Contest will be used in accordance
with Sponsor’s privacy policy available at www.genghisgrill.com. Sponsor reserves the right to disqualify any Entrant
for any purpose.
Limit one (1) entry per person, per valid e-mail address and per household. Additional entries received from any
person, e-mail address or household thereafter will be void. If the original digital photograph was saved at a lower
resolution and attached to the Official Online entry Form, save the original high resolution for potential future use
by Sponsor and its designees. Contest Entities are not responsible for: lost, late, incomplete, illegible, incorrect,
damaged, delayed, garbled, undelivered, misdirected photographs. Entries will not be acknowledged or returned.
Your submission of an entry constitutes your representation of eligibility, consent to participate in the Contest and
consent for Sponsor to obtain, use, and transfer your name, address and other information for the purpose of Contest
administration.
Representations and Warranties/Indemnification: Each person who enters this Contest represents and warrants as
follows: (i) the Video is the entrant’s own original, previously unpublished, and previously unproduced work; (ii) the
Video does not contain any computer virus and is otherwise uncorrupted; (iii) as of the date of entry, the Video is not
the subject of any actual or threatened litigation or claim; (iv) the Video does not and will not violate or infringe
upon the intellectual property rights or other rights of any other person or entity; and (v) the Video does not and
will not violate any applicable laws, and is not and will not be defamatory, obscene or libelous. Each entrant hereby
agrees to indemnify and hold the Contest Entities harmless from and against any and 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: Each entrant into the Contest hereby irrevocably grants to Sponsor, its designees, affiliates,
successors and assigns, the non-exclusive, irrevocable, fully paid, universal license to use, copy, sublicense, transmit,
distribute, publicly perform, publish, delete or display the Video in any media now known or hereafter devised
including, but not limited to all forms of electronic media, print media and all forms of internet and wireless protocol
in perpetuity and throughout the universe for advertising, marketing, publicity and promotional purposes in
connection with the Contest and other promotions. Sponsor shall have the right, in its sole discretion, to edit,
composite, morph, scan, duplicate, or alter the Video for any purpose which Sponsor deems necessary or desirable,
and each entrant irrevocably waives any and all so-called moral rights they may have therein.
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 or winner of the Contest, each entrant irrevocably grants
the Sponsor and its successors, assigns and licensees, the right to use such entrant’s name, likeness, biographical
information in any and all media for any purpose, including without limitation, advertising and/or promotional
purposes as well as in, on or in connection with the Website or the Contest or other promotions, and hereby release
the Sponsor from any liability with respect thereto.
Finalist Selection and Notification: At the conclusion of the Application Period up to 92 Finalists (one (1) per
participating Genghis Grill) will be selected from among all eligible entries received. The Finalists will be selected
based on the following judging criteria: completion of application (80%); and social media presence (20%).
For purposes of these Official Rules, “social media presence” shall mean the number of different social media
accounts, number of friends/followers on those social media accounts, and level of activity on social media accounts.
The judging will be conducted under the supervision of Sponsor whose decisions are final and binding in all respects
relating to Finalist selection. In the event of a tie, the tied entrants will be re-judged by an additional judge who will
serve as a tie-breaker using the same criteria as outlined herein. The potential Finalists, as determined by the judging
criteria indicated above, will be notified by telephone, email and/or overnight mail beginning on or about January
26, 2015 through February 1, 2015 and will be required to respond (as directed) to the notification attempt within
twenty-four (24) hours of first attempted notification. The failure to respond timely to the notification may result in
forfeiture of participation in the Contest and, in such case; Sponsor may select an alternate Finalist according to the
aforementioned judging criteria. The potential Finalists will be required to execute and return an affidavit of eligibility,
a liability release and, unless prohibited by law, a publicity release and other related documents required by the
Contest Entities (the “Finalist Documents”), within a reasonable amount of time, as determined by the Contest
Entities in their sole discretion. Potential Finalists will not be eligible to proceed in the Contest until all properly
completed Finalist Documents are received. Sponsor reserves the right to select fewer than 92 Finalists if there are
fewer than 92 eligible entries or for any other reason in accordance with these Official Rules.
Health Kwest and Winner Selection: Each confirmed Finalist will receive “Finalist Pack” as described below containing
a variety of items that will help the Finalists throughout the Health Kwest. Additionally, each confirmed Finalist will
receive a list of available daily social media tasks (the “Tasks”) that are available to complete. The Finalists can receive
pre-assigned points for completing the Tasks. There will also be assigned weigh-in dates throughout the Health Kwest
wherein each Finalist must weigh-in at a participating EMSI location and points will be awarded based on percentage
of body weight lost. Instructions, key dates and guidelines for completing the Tasks and weigh-ins will be provided to
all confirmed Finalists and are incorporated into these Official Rules by reference. These instructions must be followed
in order to receive associated points. Any Finalist who does not follow all of the instructions provided may be subject
to disqualification from the Contest at the sole discretion of Sponsor. At the conclusion of the Health Kwest the
Finalists who receive the most points will receive the Grand Prize and the Finalist who receives the most points solely
in the second half of the Contest (from March 10 through the end of the Health Kwest). In the case of a tie between
two (2) or more Finalists at any prize level, the dance challenge videos from the February 15, 2015 Task of the tied
Finalists will be posted on www.Facebook.com/genghisgrill from April 13, 2015 at 12:01 a.m. CT through April 15,
2015 at 11:59 p.m. CT where members of the general public will have the opportunity to vote for their favorite dance
challenge video. Limit one (1) vote per person. The dance challenge video that receives the most votes will be
determined the winner of the prize in question. Additional Terms and Conditions relating to the voting will be posted
if and when the tie breaker takes place.
The potential winners will be notified on or about April 15, 2015 and may have to complete additional “Prize Claim
Documents” as directed by Sponsor. Sponsor shall have no liability for any winner notification that is lost, intercepted
or not received by a 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 in question may be awarded to the next highest scoring Finalist.
Prizes:
One (1) Grand Prize is available consisting of $10,000 cash.
One (1) Second Prize is available consisting of $1,500.
Up to Ninety-Two (92) Finalist Packs are available. Each Finalist Pack consists of coupons good for one (1) Genghis Grill
bowl per day (sixty (60) total; available for redemption during the Health Kwest only) of the Health Kwest. Each bowl may
be made up of ingredients of the winner’s choice. Additionally, each Finalist Pack also contains a Genghis Grill Sweatband,
a Genghis Grill Wristband, a Genghis Grill stress ball, a 20-pack of Red Diamond Green Tea, a 20 oz. bottle of Vitamin Water,
and a 12 oz. bottle of Dasani water. The approximate retail value of each Finalist Pack is $367.61.
The prize winners are solely responsible for all applicable federal, state, and local taxes associated with the receipt of any
prize.
General: Entrants agree that the Contest Entities (a) shall not be responsible or liable for any losses, damages or injuries of
any kind resulting from 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 the prize(s), 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 computer system which is occasioned
by accessing the Website or 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, the Contest Entities are not responsible for incomplete,
illegible, misdirected, misprinted, late, lost, damaged, or stolen entries, or 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. Sponsor reserves the right in its sole discretion to disqualify any
individual who is found to be tampering with the entry process or the operation of the Promotion or the Website, to be acting
in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or
undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person, and Sponsor
reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. In the
event an insufficient number of eligible entries are received or Sponsor is prevented from awarding prize(s) or continuing
with the Contest as contemplated herein by any event beyond its control, Sponsor shall have the right to modify, suspend,
or terminate the Contest. If the Contest is terminated for any reason before the designated end date, Sponsor will (if possible)
select the potential Finalists or winner from all eligible, non-suspect entries received as of the date of the event giving rise to
the termination. These Official Rules cannot be modified or amended in any way except in a written document issued in
accordance with the law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of
these rules shall not affect the validity or enforceability of any other provision. In the event that 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.
NO OBLIGATION TO USE: Sponsor shall have no obligation (express or implied) to use any Video, or to otherwise exploit any
Video or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of
the any Video 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.
GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION
AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN
CONNECTION WITH THE CONTEST SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF
THE STATE OF TEXAS WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES OR PROVISIONS THAT
WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
Winner’s Name: For the name of the prize winners, send a self-addressed, stamped business size envelope, by January 1, 2016
to 18900 Dallas Parkway, Suite 125, Dallas, TX, 75287