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T E AM B E ACHBO DY ® E LI TE C H ALLENGE 2014
OFFICI AL RULES
S PONSORED BY : B E ACHBODY ,
LLC
1.
Challenge Description: Team Beachbody invites all Qualified Coaches to earn Elite
Points to attain the title of “Elite Coach” and be eligible to qualify to receive other rewards such as
cash and VIP treatment at select Team Beachbody Events (as those terms are defined below)!
See below for full details on qualifications, rewards and Team Beachbody Events.
For information on how to earn Elite Points, please see below. For information on how to earn
Success Club Points and achieve Success Club 5 and Success Club 10 Qualifications, please
see the Team Beachbody Success Club Points Challenge Official Rules (“Success Club Rules”)
available through the Coach Online Office on www.TeamBeachbody.com.
2.
Challenge Period: The Team Beachbody Elite Challenge 2014 (“Challenge”) begins on
January 1, 2014, at 12:00 AM Eastern Time ("ET"), and ends on December 31, 2014, at 11:59
PM ET (“Challenge Period”). Beachbody, LLC’s (“Team Beachbody”) computer is the official
time-keeping device for the Challenge Period.
3.
Coach Qualifications: To participate in the Challenge and qualify to win a reward, you
must be a Team Beachbody Coach, current with all Coach Business Service Fees, in good
standing, and in compliance with the Independent Team Beachbody Coach Policies and
Procedures at all times during the Challenge Period, at the time any reward is awarded, and at
the time of each of the Events (“Qualified Coach”).
How to Earn Elite Points
4.
Elite Points: Subject to the terms, conditions and limitations herein, and verification by
Team Beachbody, you can earn elite points (“Elite Points”) by earning Advancement Team
Volume, and when people you have sponsored to enroll as a new Team Beachbody Coach
(“Personally Sponsored Coach”) earn personal volume points and Success Club 5 or Success
Club 10 Qualifications.
(a)
Earning Advancement Team Volume Points: You can earn one (1) Elite Point
for every Ten Thousand (10,000) Advancement Team Volume points you earn during the
Challenge Period which are in excess of (over and above) the Advancement Team Volume points
you earned during calendar year 2013. Advancement Team Volume is defined as the total of all
PV produced by your first three (3) direct lines of sponsorship (“ATV”).
-
Maximum Elite Points Allowed: You may not earn more than forty (40) Elite Points under
this section towards Elite Qualifications.
-
Example: If you received Twenty Thousand (20,000) ATV points during calendar year
2013, and you receive Fifty Thousand (50,000) ATV points during the Challenge Period,
then you will receive Three (3) Elite Points under this section (50,000-20,000/10,000 = 3
Elite Points).
(b)
Personal Volume From New Personally Sponsored Coaches: You can earn
one (1) Elite Point for every Five Hundred (500) personal volume (PV) points produced by your
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new Personally Sponsored Coaches during the Challenge Period who sign up as a Coach during
the Challenge Period.
-
Maximum Elite Points Allowed: You may not earn more than fifty-five (55) Elite Points
under this section towards Elite Qualifications.
-
Special Notes: Only PV produced by your Personally Sponsored Coaches will count
towards Elite Points in this section; PV that you produce from your own Coach Business
Centers do not count towards Elite Points in this section. PV produced by Personally
Sponsored Coaches will be aggregated for purposes of determining Elite Qualifications.
For your Personally Sponsored Coaches who have multiple Beachbody Coach Business
Centers, PV produced from multiple Beachbody Coach Business Centers will count
towards your Elite Qualifications, provided, however, that only PV produced from Coach
Business Centers that are enrolled during the Challenge Period will be counted.
(c)
Success Club 5 or Success Club 10 Qualifications by Personally
Sponsored Coaches: You can earn one (1) Elite Point for each Personally Sponsored Coach
who:
(i) signs up as a Coach in 2013 or 2014; and
(ii) qualifies for Success Club 5 or Success Club 10 Qualification in any single
calendar month during the Challenge Period.
-
Potential Bonus Opportunity: You can earn two (2) times the number of Elite Points you
receive in any calendar month during the Challenge Period under this section if you also
achieve Success Club 5 or Success Club 10 Qualification during that same month.
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Example: if: (x) you earned ten (10) Elite Points during January 2014 from
Personally Sponsored Coaches who signed up as a Coach in 2013 or 2014 and
who qualified for Success Club 5 or Success Club 10 Qualifications in January
2014, and (y) you also qualified for Success Club 5 or Success Club 10
Qualification in January 2014, then (z) you will earn twenty (20) total Elite Points
for January 2014 (10 x 2 = 20 Elite Points).
Maximum Elite Points Allowed: You may not earn more than fifty (50) Elite Points under
this section towards Elite Qualifications (including Elite Points earned through the
Potential Bonus Opportunity above).
Additional Limitations/Exclusions: Elite Points that you earn from PV points and Coach signups produced from the Customer Lead Program, the Shakeology Lead Program, or Coach
Connection Program do not count toward Elite Qualifications. Elite Points associated with any
products that are returned or refunded (including product returned through February 28, 2015) will
not be counted toward Elite Qualifications and will be deducted from your Elite Points. There are
additional exclusions detailed in the Success Club Rules which may apply.
How to Earn Elite Qualifications
5.
Elite Qualifications: Subject to the terms, conditions and limitations herein, and
verification by Team Beachbody, Team Beachbody is offering you the opportunity to qualify to
earn the Elite Rewards described in Section 6 below by doing all of the following:
(a)
Being a current paid as five (5) Star Diamond rank or higher (as defined in the
then current Team Beachbody Compensation Plan) as of the close of the last bonus week during
the Challenge Period ending on December 31, 2014 at 11:59 PM ET;
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(b)
Earning One Hundred Twenty-Five (125) Elite Points as of the end of the
Challenge Period (see above for how to earn Elite Points); and
(c)
Advancing two (2) Personally Sponsored Coaches to a lifetime rank of Diamond
or higher (as defined in the then current Team Beachbody Compensation Plan) and who each
hold a current paid as rank of Diamond or higher as of the close of the last bonus week during the
Challenge Period ending on December 31, 2014 at 11:59 PM ET.
The qualifications to earn the Elite Reward in this Section 5 are collectively defined as, “Elite
Qualifications.”
Elite Rewards
6.
Elite Rewards: Subject to the terms, conditions and limitations herein, and verification
by Team Beachbody, if you qualify for the Elite Qualifications in Section 5 above, you will receive:
(a)
The title of “Elite Coach.”
(b) The “Elite Success Club Bonus” of Five Hundred Dollars ($500) in any calendar
month in 2015 but if, and only if:
(i) you achieve Success Club 5 or Success Club 10 Qualifications (in
accordance with the qualification requirements in effect at that time) in that same month; and
(ii) you are a current paid as five (5) Star Diamond rank or higher (as defined in
the then current Team Beachbody Compensation Plan) as of the close of at least one (1) bonus
week during that same calendar month.
- Note: The Elite Success Club Bonus will be paid by Team Beachbody through
your commission check in the month following your qualification and verification
by Team Beachbody.
(c) Two (2) VIP floor passes to certain general session events during the Team
Beachbody 2015 Coach Summit (“2015 Coach Summit”).
- Details: Team Beachbody will announce the dates, location and other information
for the 2015 Coach Summit once they become available. In order to receive the
two (2) VIP floor passes, you are required to register, purchase a ticket to, and
attend the, 2015 Coach Summit.
(d)
Onstage recognition at the 2015 Coach Summit.
(e)
Custom 2014 Elite jacket which will be awarded at the 2015 Coach Summit.
(f)
An invitation to attend the “Elite Evening” which includes one (1) night lodging in a
standard hotel room for you and one (1) guest as determined by Team Beachbody in its
discretion.
- Details: The “Elite Evening” is tentatively scheduled to take place one (1) day
prior to the 2015 Coach Summit. Team Beachbody will announce the dates,
location and other information for the Elite Evening once they become available.
(g) Two (2) VIP seats to certain events during the 2015 Leadership Retreat (“2015
Leadership Retreat”).
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- Details: Team Beachbody will announce the dates, location and other information
for the 2015 Leadership Retreat once they become available. In order to receive
the two (2) VIP seats, you are required to register, purchase a ticket to, and
attend the, 2015 Leadership Retreat.
(h) An invitation to attend the 2015 Elite Mastermind Session which includes one (1)
night lodging in a standard hotel room for you and one (1) guest as determined by Team
Beachbody in its discretion (“2015 Elite Mastermind Session”).
- Details: The 2015 Elite Mastermind Session is tentatively scheduled to take place
prior to the 2015 Leadership Retreat. Team Beachbody will announce the dates,
location and other information for the 2015 Elite Mastermind Session once they
become available.
(i)
If you have registered for the 2015 Moon Palace Cancun Event (“2015 Cancun
Event”), you will be eligible to receive an invitation to the Elite Reception at the 2015 Cancun
Event.
- Limitations: The 2015 Cancun Event is tentatively scheduled to take place on or
around April 15, 2015 through April 19, 2015 in Cancun, Mexico. In order to
receive your invitation to the Elite Reception, you must register and fully pay for,
and attend the 2015 Cancun Event. For details, please see the Success Club
Rules.
(j)
Eligibility to participate in the 2014 Elite 10 Challenge and, if you meet additional
qualifications, you may qualify to attend the 2015 Elite 10 Adventure.
- Details: Team Beachbody will announce the dates, location and other information
for the 2015 Elite 10 Adventure once they become available (“2015 Elite 10
Adventure”). For details, please see the Team Beachbody 2014 Elite 10 & 2014
Top Coach of the Year Challenge Official Rules available through the Coach
Online Office on www.TeamBeachbody.com.
(k) Eligibility to participate in the 2014 Top Coach of the Year Challenge and, if you
meet additional qualifications, you may qualify to earn the title of “2014 Top Coach of the Year.”
For details, please see the Team Beachbody 2014 Elite 10 & 2014 Top Coach of the Year
Challenge
Official
Rules
available
through
the
Coach
Online
Office
on
www.TeamBeachbody.com.
Approximate Retail Value: up to $3,000.
Events: The 2015 Coach Summit, Elite Day, 2015 Leadership Retreat, 2015 Elite Mastermind
Session, 2015 Cancun Event and 2015 Elite 10 Adventure are each referred to in these Official
Rules as an “Event,” and collectively, “Events.”
Preconditions/Requirements to Receive Elite Rewards: Before you receive any rewards
which include attendance and/or an invitation to an Event, you must (as applicable) register, fully
pay for and attend the Event, and comply at all times with any terms and conditions of Team
Beachbody and relating to the particular Event. For example, in order to receive the two (2) VIP
floor passes to the 2015 Coach Summit, you must properly register, pay for and attend the 2015
Coach Summit, and comply at all times with any terms and conditions of Team Beachbody and
the 2015 Coach Summit.
7.
Challenge Calculation and Decision: Preliminary Success Club Points and Success
Club 5 and Success Club 10 Qualifications will be calculated on a daily basis and displayed in the
Coach Online Office on www.TeamBeachbody.com. Preliminary Elite Points will be calculated on
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a monthly basis and be communicated via e-mail at the e-mail address on file with Team
Beachbody. Potential winners of Elite Qualifications will be notified in or around January 2015 on
www.TeamBeachbody.com. However, final winners will not be determined until on or around
February 28, 2015 to ensure that each potential winner’s Elite Qualifications do not change for
any reason, including due to any deduction of Elite Points, Success Club Points, PV or ATV,
whether due to returned product (including product returned through February 28, 2015) or as
otherwise set forth herein or in the Success Club Rules
In Team Beachbody’s discretion, each potential winner and his/her companion will be required to
sign and return to Team Beachbody, within seven (7) days of notice or attempted notice, an
affidavit of eligibility and liability/publicity release and waiver, in order to claim the reward. If a
potential winner or his/her companion fails to sign and return an affidavit of eligibility and
liability/publicity release and waiver within the stated time period, the reward will be forfeited or
awarded to an alternate, in Team Beachbody’s discretion.
Note: When calculating qualifications for Qualified Coaches with more than one (1) Beachbody
Coach Business Center, all activity that occurs from various business centers will be aggregated
and reflected in the Qualified Coach’s primary business center for purposes of determining Elite
Qualifications set forth herein. Only primary Beachbody Coach Business Centers are eligible to
receive the Elite Rewards set forth herein; Beachbody Coach Business Centers outside of the
primary are not eligible to receive any rewards.
8.
Additional Elite Rewards Conditions. Elite rewards will be awarded to potential winning
Qualified Coaches following verification by Team Beachbody in its sole discretion of all
requirements and qualifications in these Official Rules (including verification of Elite Points,
Success Club Points and Success Club 5 and Success Club 10 Qualifications), and provided that
such potential winning Qualified Coaches meet the definition of “Qualified Coach” and all other
terms and conditions herein. Team Beachbody reserves the right in its sole and absolute
discretion to deduct Success Club Points, Elite Points and/or qualifications for any Qualified
Coach deemed by Team Beachbody to have exceeded the Elite Point limitations above, the
Success Club Point limitations in the Success Club Rules or committed any violation of the Team
Beachbody Coach Policies and Procedures (such as bonus buying, etc.). Once verified by Team
Beachbody, Qualified Coaches who earn rewards listed herein may receive or redeem (as
applicable) such rewards as instructed by Team Beachbody. As stated above, in order to receive
any rewards which include attendance and/or an invitation to an Event, you must properly
register, fully pay for and attend the Event, and comply at all times with all terms and conditions of
Team Beachbody and relating to the particular Event. Expenses, costs or fees that are not
otherwise expressly stated above, including any and all applicable travel, incidental costs, lodging
and room costs (if applicable) (i.e., room service, mini bar charges, drycleaning, etc.), planning
and/or other expenses, taxes, fees, insurance premiums or other costs arising from or related to
the reward or any alternative or extended travel plans are not included and are the sole
responsibility of each winner. Each winner will be solely responsible for booking and financing
his/her and his/her travel companion’s travel arrangements including air, ground, and any other
transportation to and from the destination of any Event for which such winner received a reward.
Rewards are not transferable and, except for the Elite Success Club Bonus, have no cash or
other monetary value. No reward substitutions are allowed except at the sole discretion of Team
Beachbody, who reserves the right to substitute a reward of equal or similar value. Any and all
local, state, or federal taxes are the sole responsibility of Qualified Coach. Unless expressly
stated otherwise by Team Beachbody in writing, rewards may not be combined with any other
challenge, promotion reward, incentive, contest or other offer.
9.
Who Can Enter: The Challenge is open to Qualified Coaches who are legal residents of
the United States (including its territories) and Canada, who are at least 18 years old, or the age
of majority in their legal state (or territory) of residence. Employees of Team Beachbody and their
parent and affiliate companies as well as the immediate family (spouse, parents, siblings, and
children) and household members of each such employee are not eligible.
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10.
Publicity: Except where prohibited, participation in the Challenge constitutes each
Qualified Coach’s consent to Team Beachbody’s and its agents’ use of any information, video, or
testimonial of or provided by you before, during and/or after your receipt of any prize, including
without limitation such Qualified Coach’s name, image, likeness, photograph, voice, opinions,
and/or hometown, state, and any biographical information for promotional purposes in any media,
worldwide, without further payment, consideration or attribution to you. In addition to all other
terms and conditions herein, as an express condition to acceptance of any reward, each potential
winner recognizes that he/she may be required to provide an on-camera interview to take place
before, during or after any of the Events for which you may receive a reward.
11.
Release: I UNDERSTAND, ACKNOWLEDGE AND AGREE THAT ANY EVENT FOR
WHICH I MAY RECEIVE A REWARD AND MY PARTICIPATION IN ANY ACTIVITIES BEFORE,
DURING AND AFTER SUCH EVENTS (INCLUDING WITHOUT LIMITATION PARTICIPATION
IN ANY EXERCISE, WORKOUTS OR OTHER PHYSICAL ACTIVITY, TRIPS, SPORTS,
DANCING, AND CONSUMPTION OF MEALS AND ALCOHOL) (COLLECTIVELY,
“ACTIVITIES”) MAY HAVE POTENTIALLY SIGNIFICANT AND INHERENT RISKS AND
DANGERS THAT NO AMOUNT OF CARE, CAUTION, INSTRUCTION, OR EXPERTISE CAN
ELIMINATE. I HEREBY ACKNOWLEDGE AND WILLINGLY, EXPRESSLY AND VOLUNTARILY
ASSUME ALL THESE RISKS WHICH MAY RANGE FROM MINOR INJURIES (SUCH AS
NAUSEA, CUTS AND BRUISES) TO SEVERE PERSONAL AND/OR BODILY INJURY (SUCH
AS SPRAINS, BROKEN BONES, CRIMES, ALCOHOL POISONING AND HEART ATTACK),
DEATH OR DAMAGE TO OR LOSS OF PROPERTY OR PRIVACY, AND ANY RESULTING
DAMAGES OR EXPENSES. I AGREE THAT I WILL NOT PARTICIPATE OR BE INVOLVED IN
THE ACTIVITIES UNLESS I AM IN THE PROPER PHYSICAL CONDITION (INCLUDING BY
OBTAINING PROPER ADVICE FROM MY MEDICAL PROVIDER IF APPLICABLE) AND WILL
IMMEDIATELY STOP ANY ACTIVITY IF I FEEL PAIN, DIZZINESS OR OTHER DISCOMFORT.
BY PARTICIPATING IN THE CHALLENGE OR ANY EVENT FOR WHICH I MAY RECEIVE A
REWARD IN ANY WAY, TAKING PART IN ANY ACTIVITIES, OR ACCEPTING ANY REWARD
THAT MAY BE AWARDED, YOU AGREE TO RELEASE AND HOLD HARMLESS BEACHBODY,
LLC, TEAM BEACHBODY AND THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES,
AFFILIATES, SUPPLIERS, DISTRIBUTORS, ADVERTISING/PROMOTION AGENCIES, AND
REWARD SUPPLIERS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES, AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) FROM AND
AGAINST ANY CLAIM OR CAUSE OF ACTION, INCLUDING, BUT NOT LIMITED TO,
PERSONAL INJURY, DEATH, OR DAMAGE TO OR LOSS OF PROPERTY OR PRIVACY
ARISING OUT OF PARTICIPATION IN THE CHALLENGE, ACTIVITIES, RECEIPT OR USE OR
MISUSE OF ANY REWARD THAT MAY BE AWARDED, OR ANY PUBLICITY ARISING OUT OF
THE CHALLENGE OR ANY OF THE EVENTS FOR WHICH I MAY RECEIVE A REWARD.
12.
General Conditions: Subject to all applicable federal, state, and local laws and
regulations. Void where prohibited by law. By taking or participating in the Challenge, you
confirm your full and unconditional agreement to these Official Rules and Team Beachbody’s
decisions, which are final and binding in all matters related to the Challenge. Achieving or
accepting any reward that may be awarded in the Challenge is contingent upon fulfilling all
requirements herein, and tax, regulatory, and legal obligations (including completion of any forms
required in connection therewith) and any other requirements set forth in these Official Rules,
which shall all be at your sole obligation. Team Beachbody reserves the right to cancel, suspend,
and/or modify the Challenge, any of the Events or any part thereof for any reason, including due
to force majeure (including act of terror or war), or if any fraud, technical failure, or any other
factor beyond Team Beachbody’s reasonable control impairs the integrity or proper functioning of
the Challenge in any manner, or for any reason related to the administration of a Challenge, as
determined by Team Beachbody in its sole discretion. Team Beachbody reserves the right in its
sole discretion to disqualify any individual it finds to be tampering with the entry process or the
operation of any Challenge or to be acting in violation of these Official Rules, Team Beachbody
Coach Policies and Procedures, or any other Team Beachbody promotion or in an
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unsportsmanlike or disruptive manner. Team Beachbody’s failure to enforce any term of these
Official Rules shall not constitute a waiver of that provision or any other provision herein.
13.
Limitation of Liability: The Released Parties are not responsible for: (1) any incorrect or
inaccurate information, whether caused by you, printing errors, or by any of the equipment or
programming associated with or utilized in the Challenge; (2) technical failures of any kind,
including, but not limited to, malfunctions, interruptions, or disconnections in phone lines, cable
connections, or network hardware or software; (3) technical or human error which may occur in
the administration of the Challenge or the processing of Elite Points or Success Club Points,
reward notification, and/or winner confirmation; (4) any lost, late, delayed, corrupted, undelivered,
or undeliverable Challenge communications or reward notification; (5) any cancellation,
suspension or modification of the Challenge or any of the Events; or (6) any injury or damage to
persons or property which may be caused, directly or indirectly, in whole or in part, from your
participation in any Challenge, attendance at any of the Events, or receipt or use or misuse of any
reward that may be awarded. If for any reason your Elite Points and/or Success Club Points are
confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, your sole
remedy is to earn additional Elite Points and/or Success Club Points during the Challenge Period,
provided that if it is not possible to earn additional Elite Points and/or Success Club Points for any
reason, including due to discontinuance of the Challenge, none shall be awarded.
14.
Disputes: All issues and questions concerning the construction, validity, interpretation,
and enforceability of these Official Rules, or the rights and obligations of you and Team
Beachbody in connection with the Challenge, shall be governed by, and construed in accordance
with, the laws of the State of California, U.S.A., and resolved in California courts, without giving
effect to any choice of law or conflict of law rules (whether of the State of California or any other
jurisdiction), which would cause the application of the laws of any jurisdiction other than the State
of California. You and Team Beachbody each agree that any action relating to these Official
Rules or the rights and obligations of you and Team Beachbody in connection with the Challenge
shall exclusively be brought in Los Angeles County, California, and each party irrevocably
consents to the jurisdiction of the State and Federal courts located in Los Angeles, California.
You and Team Beachbody each expressly waive any objection that it may have based on
improper venue or forum non conveniens to the conduct of any such suit or action in any such
court. Except where prohibited, all Challenge participants or reward awardees hereby
agree that any claims, disputes, or actions of any kind shall be resolved individually,
without resort to any form of class action, and waive all rights to claim indirect, punitive,
incidental, or consequential damages, and/or multipliers of damages, and any other
damages, other than for actual out-of-pocket expenses incurred as the result of
participation in the Challenge or acceptance of any reward that may be awarded. The
parties each hereby agree to waive their respective rights to a jury trial of any claim or
cause of action related to or arising out of the Challenge. The scope of the waiver is
intended to be all-encompassing of any and all disputes that may be filed in any court and
that relate to any Challenge, including without limitation, contract claims, tort claims,
breach of duty claims, and all other common law, regulatory, and statutory claims. In the
event of litigation, these Official Rules may be filed as written consent to a trial by court. If
any part of these Official Rules is declared invalid or unenforceable by a court of competent
jurisdiction, it shall not affect the validity of the balance of these Official Rules.
15.
Privacy Policy: All participants are subject to Team Beachbody’s Privacy Policy which
may be accessed through the bottom of http://www.teambeachbody.com/ or otherwise posted
and updated on Team Beachbody’s website.
16.
Challenge Winners List and Rules: For a list of winners and/or a copy of these Official
Rules, send a hand-printed, self-addressed, stamped envelope to “Team Beachbody Elite
Challenge 2014” at 3301 Exposition Blvd., Third Floor, Santa Monica, California 90404. Requests
must be received by June 30, 2015.
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© 2014 Beachbody, LLC. ALL RIGHTS RESERVED.
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