NO PURCHASE NECESSARY TO ENTER OR WIN.
1A. Entry Period: The entry period for the Healthy at H-E-B Slim Down Showdown Contest (the "Contest"), sponsored by HEB Grocery Company, LP ("H-E-B" or "Sponsor"), begins on July 1, 2013. Registration, including video/photograph submissions, must be completed and received by November 1, 2013.
1B. Contest Period: The contest period for the Contest begins on January 5, 2014 and ends on April 12, 2014 (the "Contest Period").
2. Eligibility: The Contest is open to legal residents of Texas who, at time of entry, reside within 50 miles of an H-E-B store and who are at least 18 years of age. Employees of H E B, the contest administrators described herein (including but not limited to the Wellness Program Administrator, Screening Administrator, and Coaching Administrators), and their respective parent companies, subsidiaries, affiliates, advertising and promotion agencies and individuals living in the same household (whether related or not) of such employees, are not eligible to participate.
Entrants will submit entries as set forth below. Fifteen (15) Entrants (herein, the "Wellness Program Participants" or "Participants") will receive the Wellness Program Prizes and compete to win the Grand Prize and Health Hero Prize described below.
Prior to selection as a Wellness Program Participant, Entrants may be requested to participate in additional screening to determine the Wellness Program Participants, including submission of medical information to the Wellness Program Administrator, the Screening Administrator, and the Coaching Administrator(s). All Entrants consent to and, upon request, must facilitate background checks, physical or psychological exams, and/or drug screenings to be determined by Sponsor, and may be requested to participate in telephonic or in-person interviews. Entrants authorize Sponsor to investigate, access, and collect information about Entrants, including all personal, employment, and criminal background facts. Sponsor may, at its discretion, take into account any information obtained as described herein in the selection of Wellness Program Participants. Sponsor reserves the right to disqualify any entrant or Participant who provides false or misleading information in the course of the application process or the Contest.
Wellness Program Participants must be available to travel to San Antonio, Texas, January 5-10, 2014 to participate in a health and fitness education program (the "Wellness Program") offered by the Wellness Program Administrator. Wellness Program Participants will additionally be required to participate in certain limited screenings ("Progress Screenings") offered by the Screening Administrator subsequent to their participation in the Wellness Program to assess their success in achieving the goals of the Contest (including but not limited to Second Saturday Screenings, the Midpoint Screening and the Finale Event).
Prior to attending the Wellness Program, Participants will be required to obtain a medical screening by a licensed physician and to obtain the physician's consent and approval to participate in the Wellness Program pursuant to a form to be provided at the time of selection. If the selected Participant's physician does not consent to or approve the Participant's participation, or if, in the sole discretion of either Sponsor, the Wellness Program Administrator, or the Screening Administrator, the Participant's health condition renders the Participant an unsuitable candidate for the Wellness Program or the Contest, the Candidate will be deemed ineligible to participate further and will receive no prize except at Sponsor's discretion.
Wellness Program Participants must also be available to travel to San Antonio, Texas or another location to be determined by Sponsor on February 21, 2014 for a midpoint screening and activity (the "Midpoint Screening"), and on April 10-12, 2014, to participate in the final screening and finale activities (the "Finale Event").
PARTICIPANTS ARE SOLELY RESPONSIBLE FOR MONITORING AND SAFEGUARDING THEIR OWN HEALTH BEFORE, DURING, AND AFTER PARTICIPATING. SPONSOR, WELLNESS PROGRAM ADMINISTRATOR, SCREENING ADMINISTRATOR, AND COACHING ADMINISTRATOR(S) ASSUME NO RESPONSIBILITY TO MONITOR, DETECT, OR WARN PARTICIPANTS OF ADVERSE HEALTH CONDITIONS OR TO MONITOR, DETECT, OR WARN PARTICIPANTS OF UNSAFE PARTICIPATION. SPONSOR RESERVES THE RIGHT TO (BUT IS UNDER NO OBLIGATION TO) DISQUALIFY ANY PARTICIPANT WHO IT DETERMINES IN ITS SOLE DISCRETION ATTEMPTS TO PARTICIPATE OR LOSE WEIGHT IN AN UNSAFE MANNER.
3. How to Enter: During the Entry Period, visit www.HEB.com/slimdown and download the Healthy at H-E-B Slim Down Showdown application form (click here to access the form) Complete the required form with your video submission and photograph. Follow the instructions on the application form and include all information requested. For more details regarding your video/photograph submission see below. By submitting an entry you (a) acknowledge that you have read the Official Rules of the Healthy at H E B Slim Down Showdown Contest, and (b) agree to be bound by the Official Rules and the decisions of the Sponsor in all matters pertaining to the Contest, which are final. The Contest is subject to all applicable federal, state, and local laws and regulations, and is void outside of Texas.
Video/Photograph Submission: Each entry must include one (1) video and one (1) photograph (as detailed below). Entries without a video and a photograph will be considered incomplete and will not be considered in the selection process.
3A. Video requirements: You must upload one (1) original video with a maximum length of three (3) minutes. The video submission should explain why you would like to participate in the Contest. Entrant should be personally depicted (fully clothed) in the video and should state his/her first and last name on screen. No person other than the Entrant should appear in the video. Videos containing any inappropriate, obscene, or defamatory images or material will be disqualified. See Section 6 below for additional requirements and terms relating to videos. Videos should be uploaded per the application instructions.
3B. Photograph requirements: You must upload one (1) digital photograph no larger than 5 megabytes. Photograph should personally depict the entrant and be a full-length view of the entrant and may include content indicating why you would like to participate in the Contest. You should be fully clothed in athletic or other suitable attire in the photograph. Please do not submit a photograph of yourself in underwear or swimsuit attire.
3C. Submission Compliance:
Should any submission fail to comply with the Official Rules, Sponsor reserves the right to disqualify the entry. All entries become the property of the Sponsor and will not be returned.
4A. Judging for Selection of Wellness Program Participants: Wellness Program Participants will be selected on or about December 16, 2013 in San Antonio, by one or more panels of judges selected by H-E-B using such criteria as they may deem appropriate, including (without limitation) an assessment of the entrants' willingness and ability to effectively share the story of the participation in the Wellness Program and their subsequent lifestyle changes with others, and participation of contestants from multiple regions. Subject to the selection method described herein, odds of selection as a Wellness Program Participant depend on the number of eligible entries received.
4B. Judging for Grand Prize: Grand Prize winner selection is based on the following components: (a) the Participant's improvement on health screening factors established by the Sponsor, the Wellness Program Administrator, and the Screening Administrator (including but not limited to Weight/BMI, Cholesterol, Glucose, Triglycerides) ("Health Screening Improvement") (40% of total), (b) public engagement in the Participants' online participation ("Online Engagement") (20% of total), and (c) the Participants' overall participation in the program ("Overall Participation") (40% of total). The Grand Prize Winner will be the Participant with the lowest combined total of Health Screening Improvement Rank, Online Engagement Rank, and Overall Participation Rank as defined below. Sponsor reserves the right to modify contest procedures, wellness program administration, and/or judging criteria upon reasonable notice to the Participants, including (without limitation) such modification as Sponsor may deem necessary in its sole discretion to insure the practicable and efficient operation of the Contest. Subject to the judging method described herein, odds of a Wellness Program Participant being awarded the Grand Prize are 1 in 15.
Health Screening Improvement Rank: Health Screening improvement will be calculated based on improvements in health factors as measured at the start of the Wellness Program according to criteria established by the Sponsor, the Wellness Program Administrator, and the Screening Administrator and disseminated to the Participants at or prior to the Wellness Program. Final health screening will be conducted on or about April 10, 2014 in San Antonio, Texas under procedures to be established by Sponsor at its discretion. Each Participant will be ranked by total health screening improvement, and the Participant's ordinal rank shall be his or her Health Screening Improvement Rank (i.e., highest achieved health screening improvement is 1, second highest is 2, etc.).
Online Engagement Rank: Members of the public will be invited to follow the progress of the Contest through www.HEB.com and/or affiliated sites. Public online interest in each Participant's progress will be measured according to criteria established by the Sponsor and disseminated to the Participants at or prior to the Wellness Program, which criteria may include online voting, page view rankings, or other factors. Each Participant will be ranked by the level of public participation or interest as measured according to the criteria, and the Participant's ordinal rank shall be his or her Online Engagement Rank (i.e., highest level of Online Engagement is 1, second highest is 2, etc.).
Overall Participation Rank: Overall participation will be scored based on the extent of Participants' participation in blogging and social media, tracking daily food intake, tracking daily activity and health metrics, participation in weekly meetings with personal health guides and/or Coaching Administrators, hosting of events promoting the Slim Down Showdown program and completion of the Wellness Program including full attendance at the following:
Ties: In the event that two or more Participants have the same Total Health Screening Improvement results, the same measurement of Online Engagement interest, or the same total of Overall Participation points, those tied Participants shall hold the same ordinal rank and the next lower Participant shall hold the rank that would otherwise apply to him or her if there were no ties among the better-performing participants (i.e., in the event of a two-way tie for third place in participation points, two third-place ranks will be awarded and no fourth-place rank shall be awarded). In the event that there is a tie for the lowest combined total of Health Screening Improvement Rank, Online Engagement Rank, and Overall Participation Rank, the tied participant with the lower Health Screening Improvement Rank shall be the Grand Prize Winner, unless the tied participants are also tied as to Health Screening Improvement Rank, in which case the tie shall be broken by random selection.
A Participant will be disqualified if, in the sole discretion of the Sponsor, the Sponsor determines that they have (a) attempted to manipulate their health improvement results by (i) intentionally gaining weight or manipulating health factors prior to the start of the Wellness Program, (ii) undergoing any medical weight loss procedure prior to or during Contest Period, (iii) using any form of medication or dietary supplement for the purpose of weight loss (other than one prescribed by a physician for legitimate medical purposes unrelated to the Contest), (iv) fasting, dehydrating, or reducing caloric intake to unreasonable or unsafe levels, or (v) exercising at levels of intensity or for periods of time that are unreasonable or unsafe, (b) otherwise taken actions for the purpose of weight loss that are inconsistent with the advice and guidelines of the Wellness Program, (c) failed to report for or participate in required follow-up consultation and screening, or (d) failed to seek medical assistance for any health condition that would affect the Participant's ability to safely participate in the Contest. Likewise, a Participant will be disqualified if, in the sole discretion of the Sponsor, the Sponsor determines that the Participant or a person acting on behalf of the Participant has attempted to manipulate any Participant's Online Engagement Rank through any illegitimate means, including (without limitation) through the use of bots, scripts, automated requests, or denial-of-service techniques. Sponsor decisions as to this and all other matters in the Contest are final.
4C. Judging for Health Hero Prize: The "Health Hero" Prize winner shall be the Participant with the highest Health Screening Improvement Rank, unless the Participant who has the highest Health Screening Improvement Rank is also the Participant who wins the Grand Prize; in which case, the Health Hero prize shall be awarded to the Participant with the second highest Health Screening Improvement Rank. Any relevant ties will be broken as described above in section 4B.
Wellness Program Participant Prizes (15 available): The Wellness Program Participants will attend the Wellness Program in San Antonio, which program includes housing, food, and program activities for five and one-half (5 1/2) days, plus round-trip transportation. The Participants will receive round-trip transportation to the Midpoint Screening and receive housing, food, and round-trip transportation for the Finale Event. Round-trip transportation includes air or ground transportation to the event location from a major airport or gateway near Participant's home, as selected by Sponsor in its sole discretion. The Wellness Program Participants will also receive a fitness-themed prize pack of items to be selected by Sponsor (e.g., water bottle, t-shirts, fitness watch, etc.), a $100 H-E-B gift card, an electronic netbook, a heart rate monitor watch, and a "makeover." (ARV of Wellness Program Participation and other included prizes: $3,000.) Each Participant may be featured on www.HEB.com and in H-E-B marketing materials during and after their participation in the Wellness Program, the Midpoint Screening and the Finale Event. While in attendance at the Wellness Program, Participants may not be accompanied by guests. All expenses not described herein are the sole responsibility of the Participant, including any costs and expenses associated with absence from the Participant's home.
GRAND PRIZE (1 available): The Grand Prize Winner will receive a cash prize in the amount of $10,000.
HEALTH HERO PRIZE (1 available): The Health Hero prize winner will receive a cash prize in the amount of $5,000.
ALL PRIZES: Any costs, including all applicable taxes and fees, and any expenses not stated in these Official Rules associated with the prizes are the sole responsibility of the winners. By accepting prizes, Participants consent to reporting of prize values to tax authorities as prize income. Prizes are non-transferable, non-substitutable, and may not be redeemed for cash. All prizes will be awarded provided a sufficient quantity of qualifying entries is received, and prizes are claimed properly in accordance with these rules.
6. Rights: As to all video and photograph submissions, and also as to any images, creative works, and communications made during the course of a Participant's involvement in the Contest ("Submissions"), the Entrant and/or Wellness Program Participant warrants that such Submissions represent their wholly original creation and do not infringe any copyright, trademark, publicity, privacy or other proprietary right of any third party, union or guild. For purposes of this rule, modifying, enhancing, or altering a third party's preexisting work does not qualify as an original creation. Entrants/Participants further warrant that they have received consent from anyone other than Entrant/Participant who appears within the Submissions for their inclusion in the Submission, and may be required to provide proof of such consent. Submission of such materials grants Sponsor and its agents the right, in their discretion, to publish, use, adapt, edit and/or modify the Submissions in any way, in commerce and in any and all media worldwide now known or hereinafter developed, without limitation and without notice or consideration to the entrant. Entrants/Participants further agree that their Submission constitutes an assignment of all rights, title and intellectual property rights in and to their Submissions to Sponsor as a condition of competing for a prize, including the right to make any derivative version of the entrant's Submission, and absolute discretion to alter the entrant's Submission in any way, including without limitation editing, cropping, reformatting, title changes, and removal or addition of any element. Entrants/Participants agree that, upon selection and during the course of the Contest, they will not conduct or participate in publicity (including media appearances, public appearances, press releases, commercial promotions, or social media usage) relating to the Contest or utilize the marks and intellectual property of Sponsor except in accordance with written policies and guidelines established by Sponsor and provided to the Entrant/Participant. Sponsor may require Wellness Program Participants, Grand Prize Winner and Health Hero Prize Winner to execute documents to confirm these assignments, transfers, and consents, or prize will be forfeited and an alternate winner selected based in the criteria stated herein. Although rights to publish, produce and use entries are granted as described herein, Sponsor is under no obligation to publish, produce or use any Submission in any way. Sponsor reserves the right to disqualify or reject any Submission that it determines in its sole discretion to contain any content that is contrary to the Official Rules; obscene; defamatory; dangerous; infringing on the rights of third parties, including their intellectual property rights; detrimental to the reputation of Sponsor; or otherwise inappropriate or unsuitable for publication to general audiences.
Entrants and/or anyone who appears within the Submissions (or their parents or legal guardians if such individuals are minors) grant permission to Sponsor to use their Submissions, any derivatives/portions thereof, names, likenesses, and biographical information for promotional or advertising purposes in all media worldwide, without notice or further compensation, unless prohibited by law.
7. RELEASES AND INDEMNIFICATION: By participating, Entrants hereby agree to release and hold harmless Sponsor, the Wellness Program Administrator, the Screening Administrator, the Coaching Administrator(s), their affiliates, subsidiaries, each of their respective directors, officers, shareholders, employees, agents, consultants, advertising and promotional agencies, and prize suppliers (collectively the "Releasees") from and against any and all liability, or loss, damage, harm, injury, cost or expense (including reasonable attorney's fees) which may occur resulting from participation, their preparation for, or participation in the Contest or the Wellness Program; the preparation of any Submission (including any allegation that a Submission violates the intellectual property rights or other rights of a third party); or from their acceptance, possession, or use/misuse of any prize.
Entrants selected as potential Participants will be notified by email, phone or postal mail. Potential Participants will be required to execute and return a Release of Liability and Publicity and Affidavit of Eligibility within the time provided at the first attempted prize notification or they may be disqualified and alternate Participants selected based on the criteria stated herein.
8. Entry Errors: Sponsor is not responsible for: (i) electronic or digital entries that are lost, late, stolen, incomplete, illegible, damaged, garbled, destroyed, or misdirected; (ii) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation of transmission, communication failures, destruction or unauthorized access to, or alteration of, entries; (iii) failed or unavailable hardware, network, software or telephone transmissions, damage to entrants' or any person's computer and/or its contents, or causes beyond Sponsor's reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this Contest; (iv) any entries submitted in a manner that is not expressly allowed under these rules; (v) incorrect or inaccurate entry information whether caused by entrants or by any of the equipment or programming associated with or utilized in the Contest, (vi) any typographical or other error in the printing or advertising of the offer, administration or execution of the Contest, or in the announcement of prizes/prize winners; or (vii) malfunctions or interference resulting from illicit, malicious or injurious code (including but not limited to viruses, worms, and denial of service attacks). If for any reason the Contest cannot be executed as planned, including but not limited to transmission failure, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor that corrupt or affect the security, administration, fairness, integrity or proper conduct of the Contest, or if the Contest is compromised or becomes technically corrupted in any way, electronically or otherwise, Sponsor reserves the right to cancel, modify or terminate the Contest and reserves the right, but not the obligation, to select winners from among all non-suspect entries received as of the date/time of such termination/cancellation or modification.
Sponsor reserves the right, at its sole discretion, to disqualify any individual who tampers with or attempts to tamper with the entry process, who violates any of the Official Rules or any written agreement with the Sponsor, or who becomes ineligible during the course of the Contest.
CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEB SITE OR OTHERWISE CORRUPT THE CONTEST OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY, SEEK PROSECUTION OF, AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
9. Disputes/Choice of Law: Except where prohibited, each entrant agrees that this Contest shall be governed by the laws of the State of Texas without regard to the conflict of laws principles thereof.
10. Winners' List: For the names of the winners and/or a copy of the Official Rules, visit www.HEB.com. The Winners' names will be posted on or before April 15, 2014 following the verification of all winners and the awarding of all prizes.p>
11. Sponsor: This Contest is sponsored by HEB Grocery Company, LP, 646 South Main Avenue, San Antonio, Texas 78204.