Official Rules
NO PURCHASE NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
CONTEST DATES: : Contest starts at 12:00 a.m. (C.S.T.) on March 22, 2010 and ends on 11:59 p.m. (C.S.T.) on September 19, 2010.
Who Is Eligible? Subject to the additional restrictions below, the Get Fit Challenge (the "Challenge") is open to legal residents of the State of Texas. Entrants who are 18 years of age or older at the time of entry may participate alone or as part of a family, pursuant to the restrictions below. Entrants who are under 18 years of age may participate only as part of a family, pursuant to the restrictions below. Employees of Scott and White Healthcare ("Hospital") and SUBWAY® Franchisee Advertising Fund Trust, Doctor's Associates Inc., their parent companies, affiliates, subsidiaries or agencies are not eligible to participate ("SUBWAY® Restaurants" or "SUBWAY®") (Hospital and SUBWAY® collectively, "Sponsor" or "Sponsors") and employees of KVUE-TV ("KVUE-TV"), and each of their respective affiliated companies, and advertising and promotional agencies, and the immediate family members of, and any persons domiciled with, any such employees, are not eligible to enter. The term "immediate family members" includes spouses, parents, grandparents, siblings, children, and grandchildren. Employees of quick service restaurants, hospitals, and fitness centers also are not eligible to enter. Additionally, persons belonging to or affiliated with a professional acting or theater organization, such as SAG or AFTRA, may not participate in the Challenge if such participation would require the Sponsors to pay such Participant a fee or any other benefit for taking part in any Challenge event.
To be eligible for the Challenge, you must be out of shape and in need of a lifestyle change, must be healthy enough to participate in a rigorous exercise program, and must be free of any physical limitations, medical ailments, physical or mental conditions that would limit or prevent you from participating in the Challenge. Any entrant that undergoes any of the following surgical or medical procedures or weight reducing procedures like them after submitting an application will be disqualified: Gastric bypass (must have been done one year prior to application), liposuction, breast reduction or any other weight reducing surgical procedure. You may not be pregnant during any part of the Challenge. You may not enter the Challenge if you have used Ephedra or any other weight loss/gain supplements, laxatives, diuretics, metabolic enhancers, steroids, or anything else that will or could have the possibility of affecting the rate of weight loss or any strength-enhancing prescription drugs or medications, unless prescribed by a physician to treat a pre-existing medical condition. Any entrant that participates in Jenny Craig, WeightWatchers, NutriSystem, Seattle Sutton or any other commercial weight loss program or pre-packed food service after submitting an application will be disqualified.
How Do I Enter?
To apply for the Challenge, you will be required to complete an individual application form ("Individual Application Form"). Each Individual Application Form must contain the following information: full name, age, height, weight, complete mailing address, and home, work and cell phone numbers. The Application Forms also will require each applicant to indicate whether he or she (or any children named on his or her form, as applicable) holds a membership in any professional acting or theater organizations and whether he or she (or the family members, collectively, as applicable) meets the following Challenge requirements: (i) applicants must have home internet access, (ii) have access to a digital camera, (iii) be available for a call back interview on or about March 9 or 10, 2010 from 10am Ð 2pm at KVUE studios, (iv) be available for a goal setting meeting between March 9 or 10, 2010, (v) be available for a mid-term evaluation in May 2010 (vi) be available for each of the show tapings described in Section 5, below, (vii) be available to meet for on-camera interviews once monthly with the staff of KVUE-TV, (viii) agree to update an online blog at least once every two weeks, and (ix) agree to meet with a fitness trainer and nutritionist according to an agreed upon schedule (the "Requirements"). Finally, each Application Form must include a short essay or statement indicating why you (or your family, as applicable) would like to participate in the Get Fit Challenge. All essays must be the sole, original work of the applicant (or, in the case of family applications, of the adult family members submitting the form), must be typewritten or legibly printed in English, and must not reference any other person, including any celebrities, in any identifiable way (for example, by first and last name, or by any part of a name that is identifiable).
To complete and submit Application Forms online, visit www.KVUEtv.com/getfit between 12:00 a.m. (C.S.T.) on January 18, 2010 and 11:59 p.m. (C.S.T.) on February 28, 2010 complete all required information and follow all posted instructions for submitting online Application Forms. To complete and submit Application Forms via mail, mail a completed Application Form to Scott and White Healthcare Hospital, 2401 S 31st Street, Temple, Texas 76508 attn: Get Fit Application. Limit one (1) Application Form per person and per family. KVUE-TV and Hospital will not be responsible for incomplete, lost, postage due, mutilated, late or illegible Application Forms or for failure to receive Application Forms due to transmission failures or technical failures of any kind, including, without limitation, malfunctioning of any network, hardware or software, whether originating with sender, KVUE-TV or Hospital. All Application Forms become the property of the Sponsors and none will be returned. Sponsors reserves the right to disqualify any entries by persons determined to be tampering with or abusing any aspect of the Challenge.
How Will Participants Be Selected? Participants in the Challenge ("Participants") will be selected as follows:
- Selection of at least 6 Participants. On or about March 2, 2010, a committee of judges selected by the Sponsors will have reviewed all Application Forms submitted by eligible applicants and will select at least six (6) applicants to become potential participants in the Challenge. The selection of potential participants will be based on the following criteria: the applicants' health, weight, motivation and ability to fulfill the Requirements of the Challenge and comply with all other terms and conditions of these Official Rules. Hospital will attempt to contact each potential participant for a telephone interview during regular business hours (9:00 a.m. to 5:00 p.m.C.S.T.) sometime between March 3-4, 2010 using the telephone number(s) provided on each potential participant's Application Form. If Hospital is unable to reach a potential participant in person by telephone during this period at the telephone number(s) provided on the Application Form, that person may be disqualified and another potential participant may be selected from among all remaining eligible applicants, based on the judges' application of the criteria set forth above.
- Selection of 6 Participants. Each potential participant must be available to participate in a one-on-one call-back interview with a Hospital staff member on or before March 3 or 4 or an alternate date specified by the Sponsors (the "Call-Back Day"). Hospital will notify each potential participant of the date and time of the call-back interview, if applicable (it is possible that not all potential participants will receive a call-back interview). Each individual potential participant must bring to the call-back interview five (5) current photographs containing only the likeness of the potential participant and no other individuals. All photographs must be original photographs for which you own the copyright or have secured the right to distribute without restriction, and must not be retouched, enhanced, altered or manipulated in any way, including but not limited to through the use of image editing software. In addition, photographs cannot contain depictions of celebrities, third party artistic works, copyrights, trademarks/tradenames, logos, or similar brand identifying marks, or depict illegal, dangerous or unsafe activity, or depict anything obscene or inappropriate. Submitted photographs will become the property of the Sponsors and will not be returned. Each potential participant also must bring to the Call-Back Day their driver's licenses (or other government-issued photo ID) to be photocopied by the Sponsors. Failure to provide the required photographs and documents may, in Sponsors' sole discretion, result in a potential participants disqualification. At the end of the Call-Back Day, a committee of judges selected by the Sponsors will evaluate each potential participant's personality and motivation to meet the Challenge Requirements based on each potential participants call-back interview, telephone interview (described above) and will select six (6) participants. Sponsors will announce the names of the six (6) participants on or after March 5, 2010. To be declared a Participant in the Challenge, all potential participants will be required to provide Sponsor with driver's licenses (or other government-issued photo IDs) required above in this paragraph and permit Sponsor to make copies of the same, sign an Affidavit of Eligibility and a Liability and Publicity Release ("Participant Release") and agree to establish a personal fitness program and goals with the guidance of a fitness trainer and nutritionist supplied by Sponsor. Subject to the provision of the required identifying information, verification of eligibility, the signing of a Participant Release, availability on the required dates, and compliance with all other terms of these Official Rules, each potential participant will be declared a Participant and will continue in the Challenge as described below. If a potential participant is unwilling or unable to submit to a background check, sign a Participant Release or be available on the required Challenge dates, or if a potential participant fails the background check in the sole judgment of the Sponsor or is otherwise determined by Sponsor to be ineligible under these Official Rules, he or she will be disqualified and an alternate potential participant will be given the opportunity to become a Participant in the disqualified participant's place. The term "Participant" as used herein will refer to each participant selected on the basis of an Individual Application form.
What Do Participants Have To Do To Complete The Challenge?
- Initial Meeting, Goal-Setting and Introductory Promotional announcements. Each Participant will be scheduled by KVUE-TV or Hospital to participate in an on-camera meeting with a nutritionist and a fitness trainer between February 22-26, 2010. (the "Initial Meeting"). Each Participant must participate in this on-camera Initial Meeting on the date and at the time scheduled by Sponsor. At the Initial Meeting, each Participant will establish and agree to a personal health and fitness program and goals ("Personal Goals") with the assistance of a Sponsor-supplied fitness trainer and/or nutritionist. A Participant's Personal Goals may include, for example, weight loss, reduction of body fat percentage, reduction of cholesterol levels, and/or improvement of blood sugar levels. Participants may be required to submit to a blood chemistry analysis conducted by each Participant's own physician, and also will be weighed and may have body fat and other measurements taken. Footage, photos and personal information from the Initial Meeting may be used by KVUE-TV to create and air promotional spots on KVUE-TV and profiles on the KVUETV.com website of each participant.
- General Requirements. To remain eligible throughout the Challenge, Participants will need to satisfy all of the Challenge Requirements detailed in Section 3, above, including participating in on-camera interviews once a month with KVUE-TV staff (Participants may be required to travel to KVUE-TV's studios for these interviews), updating an online blog at least once every 2 weeks, meeting with the Participant's assigned fitness trainer and/or nutritionist according to agreed upon schedule, and making concerted efforts toward meeting Personal Goals. Participants will be required to meet with their personal trainer at a predetermined reasonable schedule throughout the Get Fit Challenge period. Participants also must provide reasonable access to a KVUE-TV production crew at home, at work and/or at the gym to permit KVUE-TV to film and document their efforts and progress. Except as otherwise specifically set forth in these Official Rules, Participants are responsible for paying all costs and expenses related to participation in the Challenge, including but not limited to transportation to and from Challenge events and any parking expenses related to attendance at a Challenge event.
- Mid-Term Evaluations. All Participants must participate in all on-camera mid-term evaluations at KVUE-TV's studios on a predetermined schedule to assess their progress toward meeting their Personal Goals. These mid term evaluations will occur between the start of the Get Fit Challenge (March 22, 2010) and go through September 19. Footage from the mid-term evaluations may be used by KVUE-TV to create and air mid-term promotional spots on KVUE-TV and profiles of each participant on the KVUETV.com website.
- Final Evaluation and Taping. Participants must participate in a final on-camera evaluation at KVUE-TV's studios on predetermined date in August or September 2010 to assess their progress toward meeting their Personal Goals. Participants may be required to submit to a blood chemistry analysis conducted by Participant's own physician, to be compared against their initial baseline blood work, and also will be weighed and may have body fat and other measurements taken. Footage from the Final Evaluations may be used by KVUE-TV to create and air promotional spots on KVUE-TV and profiles on the KVUETV.com website of each participant.
- KVUE-TV and Sponsor has no obligation to include each Participant's footage in, or feature each Participant in, the promotional spots and/or website profiles or any other on-air segments relating to the Challenge.
CAUSE FOR DISQUALIFICATION: Hospital may disqualify any Participant if, in its sole discretion, Hospital determines that further participation may be detrimental to the Participant's health. Such disqualification may occur, for example, if Hospital determines that a Participant's weight loss is too extreme, or is accomplished through any means that is detrimental to the Participant's short-term or long-term health. Hospital also reserves the right, in its sole discretion, to disqualify any Participant that fails to comply with the Challenge Requirements or any other requirements set forth in these Official Rules, or with any other instructions or requirements communicated to the Participant by the Sponsors. In addition, Sponsors may terminate any Participant's participation in the Challenge for editorial, legal, business or other reasons, including, but not limited to, Sponsor's reasonable determination that a Participant is not committed to the Challenge
What Will Participants Receive? Each Participant will receive a "welcome" gym bag and water bottle (ARV: $ 25.00), a free individual only 12-month membership to the a local area gym (ARV: $600), one (1) $30.00 SUBWAY® gift card per week throughout the 10-month Challenge (ARV: $250.00), and a schedule of personal training sessions with a nutritionist and/or trainer (ARV: $1000.00). In addition, each Participant who meets or exceeds his or her Personal Goals and complies with all Requirements of the Challenge will receive a prize(s) to be announced by Sponsors prior to the completion of the Challenge.
Promotional Appearances: Participants in the Challenge may be required to make a limited number of advertising and promotional appearances organized by Sponsors during and/or after the Challenge. Sponsors will provide Participants with reasonable notice of any such required or requested appearances. During the Challenge and for twelve (12) months following the Challenge, Participants may not (i) endorse any quick service restaurant other than SUBWAY® Restaurants; (ii) make any disparaging statement(s) about the Challenge, KVUE-TV, Hospital or SUBWAY® Restaurants; or (iii) make any media or promotional appearances on, or grant any interviews to, any newspapers, radio stations, television stations or other media outlets not approved in advance by Sponsors.
Publicity Release: You acknowledge and agree that certain Challenge events and activities, including Challenge registration events, telephone interviews, call-back interviews, evaluations, and other activities, may be videotaped or otherwise recorded by KVUE-TV or Sponsors. By entering the Challenge, you agree to the use by KVUE-TV and Sponsors of any such videotaped and recorded materials, and of your voice, actions, likeness, photograph, name, appearance, interviews, evaluations, biographical materials, and any other information contained in, derived from or otherwise obtained by Sponsor in connection with your Application Form, in connection with your attendance at or participation in any Challenge event or activity, or in any materials submitted by you in connection with this Challenge, and you agree that KVUE-TV and Sponsors shall have the right to broadcast, display, or otherwise use, and to edit, alter, or modify, any such materials and/or information in any way they see fit, and in any and all media now known or hereafter devised, worldwide in perpetuity, without limitation and without compensation to you. Each applicant grants the rights set forth in this Section 10 whether or not selected to participate in the Challenge as a Participant. All Application Forms and all other materials submitted by you in connection with the Challenge shall become the exclusive property of Sponsors and may be used by Sponsors or KVUE-TV in their sole discretion in any manner or form in any media without restriction, condition or obligation of any type, and you voluntarily transfer to Sponsors and KVUE-TV all right, title, and interest, including all copyright rights, in and to all such materials.
Liability Release: Sponsors recommend that all Participants seek medical advice before beginning any diet or exercise program. By submitting an Application Form, you agree to assume all risks related to your participation in the Challenge or in any Challenge event or activity, and hereby irrevocably and unconditionally release, acquit, and forever discharge KVUE-TV and Sponsors, and each of their respective owners, stockholders, predecessors, successors, assigns, agents, directors, officers, employees, representatives, attorneys, divisions, subsidiaries, affiliates, and parents, and all persons acting by, through, under or in concert with them, from any and all charges, complaints, claims, liabilities, obligations, promises, damages, causes of action, rights, demands, costs, lawsuits, debts and expenses, including but not limited to attorneys' fees and costs actually incurred of any nature whatsoever, known or unknown, arising from any activity related to your or your family members' participation in the Challenge or any Challenge event or activity. KVUE-TV, Hospital, and SUBWAY® Franchisee Advertising Fund Trust, Doctor's Associates Inc., their parent companies, affiliates, subsidiaries or agencies are not liable for any losses, injuries or damages of any kind resulting from acceptance of and/or participation in the Challenge or any Challenge activity or event.
Reservation of Rights: By submitting an Application Form, you agree to abide by these Official Rules and by the decisions of Sponsors and the Challenge judges appointed by Sponsors, whose decisions regarding all aspects of the Challenge shall be final and binding in all respects. Any violation of these Official Rules or any conduct, behavior, or statement (whether or not in connection with the Challenge) of any applicant or Participant that will bring such person or the Sponsor into disrepute or create a material negative association with or perception of Sponsors (as determined by Sponsors in their sole discretion) will result in such person's disqualification. Sponsors reserve the right to disqualify persons found tampering with or otherwise abusing any aspect of this Challenge as solely determined by Sponsors. In the event the Challenge is compromised by tampering or other causes beyond the reasonable control of Sponsors which corrupts or impairs the administration, security, fairness or proper operation of the Challenge, Sponsors reserve the right in its sole discretion to disquality the Participant and/or suspend, modify or terminate the Challenge.
Construction. 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 such provision is determined to be invalid or otherwise unenforceable, these rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.
Sponsor. The Get Fit Challenge is sponsored by Scott and White Healthcare and Doctor's Associates, Inc. d/b/a SUBWAY® Restaurants, Inc. The decisions of Sponsors and the Challenge judges regarding the selection of winners and all other aspects of the Challenge shall be final and binding in all respects. Sponsors will not be responsible for typographical, printing or other inadvertent errors in these Official Rules or in other materials relating to the Challenge.
RULES / WINNERS LIST: Official Rules and the name of the winner may be obtained by sending a self-addressed, stamped #10 envelope to: Scott and White Healthcare 2401 South 31st Street, Temple, Texas 76598. Indicate "Get Fit Challenge Rules Request" or "Get Fit Challenge Winners List" on the outside of the envelope as applicable. Limit one (1) request per envelope. The request must include the name of the Contest. Winners List will be available 5 days after the winners are confirmed. Questions regarding this Contest may be addressed to: KVUE TV Attn; Get Fit Contest 3201 Steck Avenue, Austin, Texas 78757.
INTELLECTUAL PROPERTY: The Contest and all of the related pages, contents and code are copyright KVUE-TV, Belo Corp., and/or contest Sponsors. The names, logos, and icons identifying the products and services of Sponsors are proprietary marks of Scott and White Healthcare Hospital and Subway Restaurants. SUBWAY® is a registered trademark of Doctor's Associates Inc., which is not affiliated with and does not sponsor or endorse the services of KVUE-TV. Copying or unauthorized use of any copyrighted material or trademarks without the express written consent of its owner is strictly prohibited.
GENERAL CONDITIONS: This contest is subject to all federal, state, and local laws and regulations and is void where prohibited by law.



