"Choose Healthy Challenge"

Official Rules

 

NO PURCHASE NECESSARY TO ENTER OR WIN PRIZE.  NO COST TO PARTICIPATE.

VOID WHERE PROHIBITED OR OTHERWISE RESTRICTED BY LAW. Apple is not in any way associated with nor does Apple indorse this Challenge

 

1:         ELIGIBILITY: The "Choose Healthy Challenge” ("CHC”) is open only to persons who, as of date of entry, are legal residents of one of the United States or the District of Columbia, and at least 18 years of age or older at the time of entry.

2:         HOW AND WHEN TO ENTER and Participate: Challenge begins at 05:00:01 a.m. Central Time on October 3rd, 2016, and ends at 11:59:59 p.m. Central Time on November 21st, 2016 ("Promotion Period”). "Entry” shall mean and refer to each Entry earned by approved submission in the form of a point for each action (as referred to as “point(s)”).  During the Promotion Period, there will be weekly entry periods (each a “Weekly Entry Period”). The Weekly Entry Periods are as set forth in section 6.

 

During the Promotion Period, the way to enter the Giveaways: Method of Entry: You can enter the Giveaways during the Promotion Period by submitting a picture of an activity or a picture of a receipt that details a healthy item was purchased (referred to as a “healthy purchase”) and submitting all required information which confirms that you agree to the Official Rules.  Prize Details and Limit:  Prizes and Prize limits will be determined and at the sole discretion of CHC. All prizes will be awarded and distributed by CHC outside and not associated with this App or Planet Fundraiser or Apple. Any prize won has no value and is not transferable.

 

3.         ENTRANT/PRIVACY: The information collected in connection with this Giveaway will be treated as specifically set forth in the privacy policy located at http://choosehealthychallenge.com

 

4.         GENERAL RULES: By participating, you agree to abide by these Official Rules and the decisions of the Sponsor, CHC, which are final and binding in all respects.  Sponsor reserves the right at its sole discretion to disqualify any individual who tampers with the entry process.  If you are a potential winner, you must comply with all terms and conditions of these Official Rules, and your winning is contingent on fulfilling all requirements.  Mass Entries or Entries generated by a script, macro or use of automated methods will be disqualified. If for any reason the Giveaways is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or other causes that corrupt or affect the administration, security, fairness, integrity or proper conduct of the Giveaways, Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Giveaways. If canceled, Sponsor reserves the right at its discretion to determine the Winner using all non-suspect eligible Entries received up to the time of cancellation. Sponsor is not responsible for failed, partial or garbled computer transmissions or text messages, or for technical failures of any kind, including but not limited to electronic malfunction or damage of any network, hardware or software. No responsibility is assumed 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; any problems or technical malfunctions of any telephone network or lines, computer online systems, servers, providers, computer equipment or software; failure of any email or electronic Entry to be received on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including but not limited to any injury or damage to entrant’s or any other person’s computer related to or resulting from participation in or downloading any materials from this Giveaways. CAUTION: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS GIVEAWAY IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW.   All entries become the property of Sponsor and will not be returned.

5.         Entries.

Write-In Entry Instructions.  You may write in as often as you like to enter the Giveaway at the address below.  Weekly Promotion Period Giveaway eligibility will be based on date the write-in entry is received.  Mail each entry separately; third party or entries sent in bulk will not be accepted.

 

 

6.         Weekly Entry Periods: The Weekly Entry Periods are as follows:  Begins on 12:00:01 a.m. on each Sunday and ends on 11:59:59 a.m. on the following Saturday.  All expenses not expressly stated in the Weekly Promotion descriptions above are the sole responsibility of the Weekly Promotion winner.  Sponsor will not replace any lost or stolen Weekly Promotions, or any contents therein.  Gift Cards are subject to the terms, conditions and restrictions as printed on card.  Weekly Promotion Winners are responsible for all applicable taxes incurred by winning and accepting the Weekly Promotion. Winners are solely responsible for any applicable fees and all insurance, federal, state and local taxes, if any, and incidentals and any other unspecified expenses associated with acceptance or use of the Weekly Promotions are provided "as is" and without any warranty of any kind, including, but not limited to, any warranty of merchantability or fitness for a particular purpose. All Weekly Promotions are non-transferable and non-assignable. Any difference between the stated Actual Retail Value (ARV) of any of the Weekly Promotion and actual ARV will not be awarded.  No cash redemption or prize substitution allowed by Weekly Promotion winner.  Sponsor reserves the right to substitute a Weekly Promotion of equal or greater value if the Weekly Promotion, or any portion thereof, is unavailable and/or undeliverable for any reason in the sole and complete discretion of Sponsor.

 

7.         PRIZE DRAWING(S): The Winners will be notified by email no later than five (5) days after each drawing; and may receive an Affidavit of eligibility/compliance with Rules, publicity/liability release and indemnification via mail within five (5) days of phone or email notification. Winner must meet all eligibility requirements and may be required to sign an Affidavit of Eligibility, Liability and Publicity Release, each of which must be completed, signed and returned within seven (7) days from date of issuance, or the Weekly Promotion will be forfeited and awarded to an alternate winner.  If any Weekly Promotion notification or attempted notification is returned as undeliverable, the Weekly Promotion will be forfeited and will be awarded to an alternate winner, time permitting.  By accepting any Weekly Promotion, Winner acknowledges compliance with these Official Rules.  

 

8.         ODDS:   Odds of winning depend upon the number of eligible entries received during each Weekly Promotion Period.

 

9.         OFFICIAL RULES:  Official Rules may be obtained by going to the Sponsor website at http://www.choosehealthychallenge.com/privacy

 

10.       OTHER CONDITIONS: All federal, state and local laws and regulations apply. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend this Giveaway or any portion hereof, or to disqualify any individual implicated in any of the following actions, if for any reason: (a) infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes, in Sponsor’s sole opinion, corrupts or affects the administration, security, fairness, integrity or proper conduct of the Giveaways; (b) the Giveaways or any website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper processing of entries per these rules; or (c) the Giveaways is otherwise not capable of running as planned.  By entering, entrants agree to release and hold harmless Sponsor, and each of their parents, subsidiaries, affiliates, divisions, advertising and promotional agencies, wholesalers and retailers, contractors, subcontractors, and each of the foregoing entities’ employees, officers, directors, shareholders and agents (collectively the "Released Parties"), from and against any and all claims, actions and/or liability for any injuries or death, loss or damage of any kind arising from or in connection with participation in and/or entry into the Giveaways or acceptance, delivery or use of any prize, including without limitation, the Weekly Promotion. The Released Parties are not responsible or liable for any incorrect or inaccurate entry information, and assume no responsibility for (i) any error, omission, interruption, defect or delay in operation or transmission at any website, (ii) failure of any entry to be received by Sponsor due to technical problems, human error or traffic congestion on the Internet or at any website, (iii) communications line, hardware and/or software failures, (iv) damage to any computer (software or hardware) resulting from participation in the Giveaways, (v) theft or destruction of, tampering with, unauthorized access to, or alteration of Entries and/or entry information, or (vi) Entries which are late, lost, stolen, damaged, illegible and/or unintelligible (or any combination thereof). By entering, entrants agree to comply with these Official Rules. Any entrant who attempts to tamper with this Giveaways in any way shall be disqualified. Additional restrictions may apply.

 

11.       PUBLICITY RELEASE: By entering this Giveaway, entrants agree that Sponsor may use entrant’s name and photograph on Sponsor’s website without compensation, credit or right of review or approval, where legal.  Acceptance of the any Weekly Promotion constitutes Winner’s consent to use, publish, and reproduce for all purposes, including publicity, promotion and advertising, in any media (including online and offline), Weekly Promotion Winner’s name, city, photograph, likeness, voice and image, in perpetuity without further compensation, credit or right of review or approval, where legal.

 

12.       ARBITRATION/CHOICE OF LAW: Except where prohibited by law, participants agree that any and all disputes, claims and causes of action arising out of or connected with this Giveaways shall be resolved exclusively by arbitration pursuant to the Rules of the American Arbitration Association then effective, and any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred by entrant with regard to this Giveaways, excluding in all events attorneys’ or other related fees and punitive, incidental, consequential or other damages. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrants and Sponsor in connection with the Giveaways shall be governed by and construed in accordance with the laws of the State of Alabama, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Alabama or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Alabama. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision so long as the general intent of these Official Rules remains in effect. In the event that any such provision is determined to be invalid or otherwise unenforceable, these Official Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.

 

13.       SPONSOR:  Choose Healthy Challenge, Planet Fundraiser, 1500 First Avenue North, Birmingham, AL 35203


"Choose Healthy Challenge"

Official Rules

And Terms and Conditions (below)

 

NO PURCHASE NECESSARY TO ENTER OR WIN PRIZE.  NO COST TO PARTICIPATE.

VOID WHERE PROHIBITED OR OTHERWISE RESTRICTED BY LAW. Apple is not in any way associated with nor does Apple indorse this Challenge

 

1:         ELIGIBILITY: The "Choose Healthy Challenge” ("CHC”) is open only to persons who, as of date of entry, are legal residents of one of the United States or the District of Columbia, and at least 18 years of age or older at the time of entry.

2:         HOW AND WHEN TO ENTER and Participate: Challenge begins at 05:00:01 a.m. Central Time on October 3rd, 2016, and ends at 11:59:59 p.m. Central Time on November 21st, 2016 ("Promotion Period”). "Entry” shall mean and refer to each Entry earned by approved submission in the form of a point for each action (as referred to as “point(s)”).  During the Promotion Period, there will be weekly entry periods (each a “Weekly Entry Period”). The Weekly Entry Periods are as set forth in section 6.

 

During the Promotion Period, the way to enter the Giveaways: Method of Entry: You can enter the Giveaways during the Promotion Period by submitting a picture of an activity or a picture of a receipt that details a healthy item was purchased (referred to as a “healthy purchase”) and submitting all required information which confirms that you agree to the Official Rules.  Prize Details and Limit:  Prizes and Prize limits will be determined and at the sole discretion of CHC. All prizes will be awarded and distributed by CHC outside and not associated with this App or Planet Fundraiser or Apple. Any prize won has no value and is not transferable.

 

3.         ENTRANT/PRIVACY: The information collected in connection with this Giveaway will be treated as specifically set forth in the privacy policy located at http://choosehealthychallenge.com

 

4.         GENERAL RULES: By participating, you agree to abide by these Official Rules and the decisions of the Sponsor, CHC, which are final and binding in all respects.  Sponsor reserves the right at its sole discretion to disqualify any individual who tampers with the entry process.  If you are a potential winner, you must comply with all terms and conditions of these Official Rules, and your winning is contingent on fulfilling all requirements.  Mass Entries or Entries generated by a script, macro or use of automated methods will be disqualified. If for any reason the Giveaways is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or other causes that corrupt or affect the administration, security, fairness, integrity or proper conduct of the Giveaways, Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Giveaways. If canceled, Sponsor reserves the right at its discretion to determine the Winner using all non-suspect eligible Entries received up to the time of cancellation. Sponsor is not responsible for failed, partial or garbled computer transmissions or text messages, or for technical failures of any kind, including but not limited to electronic malfunction or damage of any network, hardware or software. No responsibility is assumed 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; any problems or technical malfunctions of any telephone network or lines, computer online systems, servers, providers, computer equipment or software; failure of any email or electronic Entry to be received on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including but not limited to any injury or damage to entrant’s or any other person’s computer related to or resulting from participation in or downloading any materials from this Giveaways. CAUTION: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS GIVEAWAY IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW.   All entries become the property of Sponsor and will not be returned.

5.         Entries.

Write-In Entry Instructions.  You may write in as often as you like to enter the Giveaway at the address below.  Weekly Promotion Period Giveaway eligibility will be based on date the write-in entry is received.  Mail each entry separately; third party or entries sent in bulk will not be accepted.

 

 

6.         Weekly Entry Periods: The Weekly Entry Periods are as follows:  Begins on 12:00:01 a.m. on each Sunday and ends on 11:59:59 a.m. on the following Saturday.  All expenses not expressly stated in the Weekly Promotion descriptions above are the sole responsibility of the Weekly Promotion winner.  Sponsor will not replace any lost or stolen Weekly Promotions, or any contents therein.  Gift Cards are subject to the terms, conditions and restrictions as printed on card.  Weekly Promotion Winners are responsible for all applicable taxes incurred by winning and accepting the Weekly Promotion. Winners are solely responsible for any applicable fees and all insurance, federal, state and local taxes, if any, and incidentals and any other unspecified expenses associated with acceptance or use of the Weekly Promotions are provided "as is" and without any warranty of any kind, including, but not limited to, any warranty of merchantability or fitness for a particular purpose. All Weekly Promotions are non-transferable and non-assignable. Any difference between the stated Actual Retail Value (ARV) of any of the Weekly Promotion and actual ARV will not be awarded.  No cash redemption or prize substitution allowed by Weekly Promotion winner.  Sponsor reserves the right to substitute a Weekly Promotion of equal or greater value if the Weekly Promotion, or any portion thereof, is unavailable and/or undeliverable for any reason in the sole and complete discretion of Sponsor.

 

7.         PRIZE DRAWING(S): The Winners will be notified by email no later than five (5) days after each drawing; and may receive an Affidavit of eligibility/compliance with Rules, publicity/liability release and indemnification via mail within five (5) days of phone or email notification. Winner must meet all eligibility requirements and may be required to sign an Affidavit of Eligibility, Liability and Publicity Release, each of which must be completed, signed and returned within seven (7) days from date of issuance, or the Weekly Promotion will be forfeited and awarded to an alternate winner.  If any Weekly Promotion notification or attempted notification is returned as undeliverable, the Weekly Promotion will be forfeited and will be awarded to an alternate winner, time permitting.  By accepting any Weekly Promotion, Winner acknowledges compliance with these Official Rules. 

 

8.         ODDS:   Odds of winning depend upon the number of eligible entries received during each Weekly Promotion Period.

 

9.         OFFICIAL RULES:  Official Rules may be obtained by going to the Sponsor website at http://choosehealthychallenge.com

 

10.       OTHER CONDITIONS: All federal, state and local laws and regulations apply. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend this Giveaway or any portion hereof, or to disqualify any individual implicated in any of the following actions, if for any reason: (a) infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes, in Sponsor’s sole opinion, corrupts or affects the administration, security, fairness, integrity or proper conduct of the Giveaways; (b) the Giveaways or any website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper processing of entries per these rules; or (c) the Giveaways is otherwise not capable of running as planned.  By entering, entrants agree to release and hold harmless Sponsor, and each of their parents, subsidiaries, affiliates, divisions, advertising and promotional agencies, wholesalers and retailers, contractors, subcontractors, and each of the foregoing entities’ employees, officers, directors, shareholders and agents (collectively the "Released Parties"), from and against any and all claims, actions and/or liability for any injuries or death, loss or damage of any kind arising from or in connection with participation in and/or entry into the Giveaways or acceptance, delivery or use of any prize, including without limitation, the Weekly Promotion. The Released Parties are not responsible or liable for any incorrect or inaccurate entry information, and assume no responsibility for (i) any error, omission, interruption, defect or delay in operation or transmission at any website, (ii) failure of any entry to be received by Sponsor due to technical problems, human error or traffic congestion on the Internet or at any website, (iii) communications line, hardware and/or software failures, (iv) damage to any computer (software or hardware) resulting from participation in the Giveaways, (v) theft or destruction of, tampering with, unauthorized access to, or alteration of Entries and/or entry information, or (vi) Entries which are late, lost, stolen, damaged, illegible and/or unintelligible (or any combination thereof). By entering, entrants agree to comply with these Official Rules. Any entrant who attempts to tamper with this Giveaways in any way shall be disqualified. Additional restrictions may apply.

 

11.       PUBLICITY RELEASE: By entering this Giveaway, entrants agree that Sponsor may use entrant’s name and photograph on Sponsor’s website without compensation, credit or right of review or approval, where legal.  Acceptance of the any Weekly Promotion constitutes Winner’s consent to use, publish, and reproduce for all purposes, including publicity, promotion and advertising, in any media (including online and offline), Weekly Promotion Winner’s name, city, photograph, likeness, voice and image, in perpetuity without further compensation, credit or right of review or approval, where legal.

 

12.       ARBITRATION/CHOICE OF LAW: Except where prohibited by law, participants agree that any and all disputes, claims and causes of action arising out of or connected with this Giveaways shall be resolved exclusively by arbitration pursuant to the Rules of the American Arbitration Association then effective, and any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred by entrant with regard to this Giveaways, excluding in all events attorneys’ or other related fees and punitive, incidental, consequential or other damages. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrants and Sponsor in connection with the Giveaways shall be governed by and construed in accordance with the laws of the State of Alabama, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Alabama or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Alabama. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision so long as the general intent of these Official Rules remains in effect. In the event that any such provision is determined to be invalid or otherwise unenforceable, these Official Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.

 

13.       SPONSOR:  Choose Healthy Challenge, Planet Fundraiser, 1500 First Avenue North, Birmingham, AL 35203

 

 

TERMS OF USE

 

This document sets forth your legal agreement with Planet Fundraiser, LLC , (also referred to as Choose Healthy Challenge, “CHC”) and its agents and affiliates (collectively, “PF” and/or “CHC”). As used herein, “We”, “us” or “our” means PF, and “You” or “your” refers to you. Your use of any PF websites or services (collectively, “Services”) that reference these terms, and PF’s products, software, code, associated documentation, content files, libraries, drivers, patches and fonts (collectively, “Software”) is subject to these Terms of Use, and you hereby acknowledge that you have read and agree to these Terms of Use.

 

The Choose Healthy Challenge (PF) is a service for individuals to engage in healthy behaviors and attest that they performed an action by way of attestation or submission of an image. If you wish to become a member and make use of the Services (“Member”), please read these Terms of Use. If you object to anything in this Agreement or the “PF Privacy Policy,” do not use these Services.

 

Text Message

By joining a healthy challenge on our website and/or App, you consent to receive mms and sms text communications from us, which may include offers from us and third parties affiliated with our Services.  Standard text message fees may apply and be the responsibility of you.  Data obtained from you in connection with this may include your mobile phone number, your carrier's name, the date, time and content of your messages and other information that you may provide.  We may use this information to contact you and to provide the Services you request from us, and to otherwise operate, develop, and improve the Service. Your wireless carrier and other service providers may also collect data from your text message usage, and their practices are governed by their own policies.  When you complete forms online or otherwise provide us information in connection with our Services, you agree to provide accurate, complete, and true information.  We reserve the right to limit the number of text and/or HTML messages you transmit to us on a daily basis and may suspend your account with us if we determine, in our sole discretion, that an excessive number of messages are being transmitted by you.

 

Additional Terms

Some Services, or Software may also be subject to additional or different terms (the “Additional Terms”), which shall incorporate these Terms of Use by reference. If there is any conflict in between these Terms of Use and the Additional Terms, then the Additional terms take precedence in relation to that Service or Software. These Terms of Use and any applicable Additional Terms may be referred to herein as “Terms”.

 

Modification

We may modify the Terms at any time and in our sole discretion by posting a change notice or revised agreement on the “Terms of Use page” or by sending notice of such modification to you by email to the email address then-currently associated with your account. Your use of the Services and Software is subject to the current or most recent version of the Terms at the time of such use. 

 

Modifications may include, but are not limited to, changes to the license, pricing, payment procedures, and other requirements. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE USE OF THE SERVICES OR SOFTWARE.  YOUR CONTINUED USE OF THE SERVICES OR SOFTWARE FOLLOWING THE EFFECTIVE DATE OF ANY MODIFICATION WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF SUCH MODIFICATION.

 

Acceptance of Terms

You may not use the Services or Software if you do not agree to the Terms. You may accept the Terms by using the Services or Software in any way, or by merely browsing the Services. You may not use the Services if (a) you are prohibited by Law from receiving or using the Services, (b) you are not fully able and competent to enter into a binding contract with PF, such as if you are not of legal age or have not obtained parental consent. In particular, unless expressly stated otherwise in the Additional Terms for any given Service or Software, you affirm that you are 18 years of age or older. PF may require you to provide consent to the updated Terms before further use of the Services or Software is permitted. Otherwise, your continued use of any Service or Software constitutes your acceptance of the changes.

 

Ownership

We reserve all rights, title and interest (including all intellectual property and proprietary rights),  in all languages, formats, and media throughout the world, in and to: (i) the Services, (ii) information, data, documents, images, photographs, graphics, audio, videos, or webcasts, products, Software (collectively, “Materials”), (iii) any affiliate links, link formats, any domain names owned or operated by us or our affiliate,  and (iv) any other intellectual property and technology that we provide or use in connection with  our products or the Services (including any application program interfaces, libraries, sample code, and related materials), which will all continue to be the exclusive property of PF and/or its licensors and nothing in the Terms shall be construed to confer any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights, to you or any third party. All trademarks, logos and services marks displayed on the Services and Software (collectively, “Marks”) are the property of PF or other rights holders. You are not permitted to use the Marks without the prior consent of PF or the rights holder.

 

Content Posted by You

You are solely responsible for the Content that you publish or display (hereinafter, “post”) on the Service, or transmit to other Members. You will not post on the Service, or transmit to other Members, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to PF or to any other Member. If information provided to PF, or another Member, subsequently becomes inaccurate, misleading or false, you will promptly notify PF of such change.

 

You understand and agree that PF may review and delete any content, messages, photos or profiles (collectively, “Content”), in whole or in part, that in the sole judgment of PF violates these Terms or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.

 

By posting Content to any area of PF Services, you automatically grant, and you represent and warrant that you have the right to grant, to PF, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your content by PF will not infringe on or violate the rights of any third party.

 

The following is a partial list of the kind of Content that is illegal or prohibited on PF Services. PF reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes, but is not limited to, Content that:

 

·         is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

·         harasses or advocates harassment of another person;

·         involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;

·         promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

·         promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;

·         contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);

·         provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;

·         provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

·         solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and

·         engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

 

Your use of the PF Services, including but not limited to the Content you post on PF Services, must be in accordance with any and all applicable laws and regulations.

 

All information you include in your Member profile must be accurate, current and complete.

 

Use of Services and Software

If you comply with the terms and conditions of the Terms, PF grants to you a non-exclusive, non-transferable, revocable right to access and use the Services and to use the PF Software in connection with the Services, subject to the restrictions stated in this section or otherwise set out in these Terms. You agree: (i) not to alter, copy, modify, or re-transmit the Software; (ii) not to lease, license, rent, or sell the Software or the right to use and access the Services; (iii) not to remove, obscure, or alter any text or proprietary notices contained in the Software; (iv) not to copy or imitate part or all of the design, layout, or look-and-feel of the Service, which are protected by Intellectual Property Rights; (v) to use the Services and the Software only as permitted by these Terms, any applicable Additional Terms and any Law; and (vi) that certain Services and Software may be available only if you have paid a fee or purchased a product. You acknowledge that PF may modify or discontinue, temporarily or permanently, the Services or Software, or any portion thereof, with or without notice. You agree that PF shall not be liable to you or anyone else if we elect do so.

 

Your Interactions with Other Members.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT PF DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS. PF ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS. PF MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS. PF RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.

 

IN NO EVENT SHALL PF BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH THESE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER MEMBERS OF THE SERVICES.

 

 

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

 

THE SITE, SERVICES, SOFTWARE, PRODUCTS AND MATERIALS ARE PROVIDED BY PF “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, PF AND ITS LICENSORS MAKE NO WARRANTY THAT (i) THE SITE, SERVICES, SOFTWARE, PRODUCTS AND MATERIALS WILL MEET YOUR REQUIREMENTS OR WILL BE CONSTANTLY AVAMCCBLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SERVICES, SOFTWARE, PRODUCTS AND MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iii) THE QUALITY OF THE SITE, SERVICES, SOFTWARE, PRODUCTS AND MATERIALS WILL MEET YOUR EXPECTATIONS; OR THAT (d) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES, SOFTWARE, PRODUCTS AND MATERIALS WILL BE CORRECTED.

 

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PF OR THROUGH OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

 

PF SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR USE OF OR PARTICIPATION IN ANY SERVICES AND YOUR USE OF MATERIALS. ANY MATERIAL DOWNLOADED, MADE AVAMCCBLE, OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. PF ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR SIMILAR CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM ANY OF THE SERVICES.

 

PF DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES ACCESSIBLE THROUGH LINKED SITES. PF MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT, AND SHALL NOT BE LIABLE FOR, ANY SUCH THIRD PARTIES, THEIR MATERIALS OR SERVICES. ANY DEALINGS THAT YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK.

 

NO GUARANTEE IS MADE REGARDING ADDITIONAL FUNCTIONALITY WITH THIRD PARTY PLUGINS, THEMES, OR BROWSERS.

 

AFFILIATES AND OTHER THIRD PARTIES ARE NOT AUTHORIZED PF SPOKESPERSONS, AND THEIR VIEWS DO NOT NECESSARILY REFLECT THOSE OF PF. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PF WILL HAVE NO LIABILITY RELATED TO MATERIAL ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY, OR OTHER LAWS.

 

Limitation of Liability

IN NO EVENT SHALL PF, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT FORESEEABLE OR IF PF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE SITE, SERVICES, SOFTWARE, PRODUCTS OR MATERIALS. NOTHING IN THE TERMS SHALL LIMIT OR EXCLUDE PF’S LIABILITY FOR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF PF OR ITS EMPLOYEES, OR FOR DEATH OR PERSONAL INJURY.

 

PF’S AGGREGATE LIABILITY AND THAT OF ITS AFFILIATES, LICENSORS, AND SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AGGREGATE AMOUNT PAID BY YOU FOR ACCESS TO THE SERVICES DURING THE THREE-MONTH PERIOD PRECEDING THE EVENT OR THE PURCHASE PRICE PAID TO PF FOR ANY SOFTWARE OR PRODUCT GIVING RISE TO SUCH LIABILITY, WHICHEVER IS LARGER. THIS LIMITATION WILL APPLY EVEN IF PF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

 

Links to Other Sites

The Services and Materials may include links that will take you websites or services not operated by PF. Any links provided by PF are as a courtesy, and PF has no control over non-PF websites or services. You agree that we are not responsible for the availability or contents of any website or service we do not operate.

 

Export Laws

You acknowledge that the Services, Software, and Materials are subject to the U.S. Export Administration Regulations and other export laws, restrictions, and regulations (collectively, the “Export Laws”) and that you will comply with the Export Laws. You will not ship, transfer, export, or re-export the Software or Materials, directly or indirectly, to: (a) any countries that are subject to U.S. export restrictions (currently including, but not necessarily limited to, Cuba, Iran, North Korea, Sudan, and Syria) (each, an “Embargoed Country”), (b) any end user whom you know or have reason to know will utilize them in the design, development, or production of nuclear, chemical, or biological weapons, or rocket systems, space launch vehicles, and sounding rockets, or unmanned air vehicle systems (each, a “Prohibited Use”), or (c) any end user who has been prohibited from participating in the U.S. export transactions by any federal agency of the U.S. government (each, a “Sanctioned Party”). In addition, you are responsible for complying with any local laws in your jurisdiction which may impact your right to import, export, or use the Services, Software, or Materials. You represent and warrant that (i) you are not a citizen of, or located within, an Embargoed Country, (ii) you will not use the Services, Software, or Materials for a Prohibited Use, and (iii) you are not a Sanctioned Party. All rights to use the Services, Software, and Materials are granted on condition that such rights are forfeited if Customer fails to comply with the terms of this agreement. If PF has knowledge that a violation has occurred, PF may be prohibited from providing maintenance and support for the Services, Software, or Materials.

 

Privacy Policy

For information about PF’s data protection and collection practices, please read our Privacy Policy at http://choosehealthychallenge.com which is incorporated herein by reference. You agree to PF’s use of your data in accordance with the Privacy Policy.

 

Governing Law and Venue

This Agreement, shall be construed in accordance with, and governed by, the laws of the State of Alabama without regards to Conflict of Law principles. In the event of any dispute or disagreement with respect to the meaning, effect or interpretation of this Agreement or in the event of a claimed breach of this Agreement, the parties hereto agree that such dispute shall be adjudicated only by a court of competent jurisdiction located within Shelby County, Alabama. Said Court shall retain exclusive jurisdiction for all purposes, among other things, administering the Agreement, enforcing and effectuating the Agreement, and resolving any disputes hereunder.

 

The Site Does Not Provide Medical Advice

The contents of our site, such as text, graphics, images, health information and other material contained on the site ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or undertaking a health-related activity.  PF does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on our site.  Reliance on any information provided by PF appearing on our site is solely at your own risk.

 

Miscellaneous

Notices. Any notice provided to PF pursuant to these Terms of Use should be sent to: 1500 First Avenue North, Unit 11, Birmingham, AL 35203. PF may provide you with notices, including those regarding changes to these Terms of Use, by email, regular mail, postings on or within the Services, or other reasonable means now known or hereafter developed.

 

Entire Agreement. These Terms of Use together with any applicable Additional Terms constitute the entire agreement between PF and you with respect to your access to or use of the Services and Materials and supersede any prior agreements between you and PF on such subject matter.

 

Assignment. You may not assign or otherwise transfer the Terms, or any right granted hereunder, without PF’s written consent. PF’s rights under the Terms of Use and any applicable Additional Terms are transferable by PF.

 

Severability. If for any reason a court of competent jurisdiction finds any provision of these Terms or any applicable Additional Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.

 

Waiver. Any failure by PF to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver of that provision or right.

 

Reporting Claims of Infringement and Copyright Dispute Resolution

PF has adopted the following procedures and policies to handle copyright infringement notifications in accordance with the Digital Millennium Copyright Act ("DMCA"). Upon receiving notice of a potential copyright infringement claim, PF will remove or disable access from the Site the alleged infringing Content if such notice complies with the requisite elements under the DMCA. Further, if a user is found to be a repeat offender, PF may terminate the user account.

·         Procedure to Report an Infringement Notification

If you believe that your copyright has been or is being infringed upon by material found on the Site, you are required to follow the below procedure to file a notification:

1.      Identify in writing the copyrighted material that you claim has been infringed upon;

2.      Identify in writing the material on the Site that you allege is infringing upon the copyrighted material, and provide sufficient information that reasonably identifies the location of the alleged infringing material (e.g., the user name of the alleged infringer and the business listing it is posted under);

3.      Include the following statement:

"I have a good faith belief that the use of the content on the Site as described above is not authorized by the copyright owner, its agent, or law.";

4.      Include the following statement:

"I swear under penalty of perjury that the information in my notice is accurate and I am the copyright owner or I am authorized to act on the copyright owner’s behalf.";

5.      Provide your address, telephone number, and e-mail address (if available);

6.      Provide your physical or electronic signature;

 

Please note that you may be subject to liability under Section 512(f) of the DMCA if you knowingly materially misrepresent that material on the Site infringes upon your copyright.

Additionally, PF has adopted the policy of submitting any or all of the notices it receives to the Chilling Effects Clearinghouse (http://www.chillingeffects.org) or other related third-party for publication.

·         Procedure to Report a Counter-Notification

If you believe that Content has been mistakenly removed pursuant to a claim filed under the DMCA, you are required to follow the below procedure to file a counter-notification:

1.      Identify in writing the material that was removed or disabled from access, and provide a description that reasonably identifies the location of the material prior to its removal;

2.      Include the following statement:

"I swear under penalty of perjury that the material that was removed or disabled from access was due to a result of mistake or misidentification of the material to be removed or disabled.";

3.      Provide your name, address, telephone number, email address (if available), and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, and that you will accept service of process from the person who provided notification under 512(c)(1)(C) or an agent of such person; Provide your physical or electronic signature; and Send the written communication to: Choose Healthy Challenge/Planet Fundraiser, 1500 First Avenue North, Unit 11, Birmingham, AL 35203. For additional questions regarding PF’s procedure in handling copyright infringement notifications, please send an email to info@choosehealthychallenge.com