TD1 THE DOMINANT ONE CHALLENGE
TO ENTER: TD1 Athlete Challenge, LLC and/or its subsidiaries and affiliates (collectively, “TD1”) present the TD1 The Dominant One Challenge (the “Challenge”). Please visit the Challenge website, located at http://www.thedominant1.com/ (the “Website”).
To enter, complete each of the following steps:
Step 1: Visit the Website and read what the 10-week challenge entails and the content from the TD1 Dr. and decide if you are qualified for the TD1 challenge.
Step 2: Purchase TD1 Challenge kit from the Website and obtain parental consent if applicable.
Step 3: Create your personalized challenger profile, which will be accessible by you, the participant, only and which you may use to input each task of the challenge completed.
Step 4: Begin 10-week challenge of daily physical training, education, and growth challenge assignments and follow the instructions provided therewith.
ELIGIBILITY: The Challenge is open only to persons who: (1) are between 15 and 18 years of age at the time they commence the Challenge, (2) are a legal resident of, and currently living in, the United States (excluding Puerto Rico, Guam and all other U.S. territories and possessions) and (3) have obtained appropriate consent of their parent or legal guardian (“Parent”) to participate in the Challenge (if applicable). The Challenge is void where prohibited or restricted by law and is subject to all applicable federal, state and local laws and regulations.
Entries will be deemed to have been submitted by the Authorized Account Holder of the TD1 Challenge account through which the entry is submitted. “Authorized Account Holder” is defined as the natural person who is assigned to a certain TD1 Challenge account through registration on the Website. All entries become the property of TD1 and will not be acknowledged or returned.
TD1, its parent companies, affiliates and subsidiaries, and their respective directors, officers, employees and agents, including, without limitation, any advertising agencies and any computer or telephone network or service providers thereof (collectively, the “TD1 Parties”), are not responsible for late, incomplete, invalid, misdirected or undelivered entries, any incorrect or inaccurate transcription of entry information, human error, unauthorized human intervention in any part of the entry process or the Challenge, technical malfunction of any computer equipment or software, lost or delayed data transmission, interruption or line failure of any network, inability to access the Website or online service, or any other error or malfunction.
THE TD1 PARTIES SHALL NOT BE LIABLE TO YOU, YOUR PARENT OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER RESULTING FROM (I) YOUR ENTERING THE CHALLENGE, (II) THE AWARDING, RECEIPT, OR USE OR MISUSE OF THE PRIZE, (III) PARTICIPATION IN THE CHALLENGE OR ANY PRIZE-RELATED ACTIVITIES, OR (IV) ANY AND ALL OTHER DAMAGES, REGARDLESS OF THE FORM OF THE ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF A TD1 PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY ARISING OUT OF OR RELATING TO THE CHALLENGE EXCEED ONE UNITED STATES DOLLAR (US$1.00).
SELECTION OF WINNER: TD1 will determine in its sole discretion which entries are valid entries and whether the entries otherwise meet the eligibility requirements set forth in these Official Rules (“Eligible Entries”). Furthermore, TD1 will determine which entrants advance to be finalists in the Challenge and the winners of all prizes related to the Challenge in its sole and absolute discretion. All decisions of TD1 regarding the selection of finalists and winners of the Challenge are final and binding. Winners and finalists will be given notice by email or telephone, using the information provided on such winner’s or finalist’s Challenge Profile on the Website. TD1 is not responsible for unsuccessful efforts to notify a winner or finalist, including, without limitation, by reason of any inaccurate information or transmission failure that results in the failure to identify or contact a winner or finalist. Winners and finalists provided notice will be given  business days from the day notice is sent to claim the prize or accept selection as a finalist by responding as provided in the notice, which may include executing an acknowledgment, release of liability, declaration of eligibility, and consent and release where required by TD1 in TD1’s sole discretion. A winner’s or finalist’s failure to respond as provided in the notice within the specified 10 business days will be deemed a forfeiture of the prize or the opportunity to advance in the competition (as applicable). In the event of such a forfeiture, or in the event a winner or finalist has not complied with these Official Rules or is otherwise found to be ineligible, such potential winner will be disqualified and TD1 may select an alternate winner or finalist from the pool of Eligible Entries. The names, city, and state of the winners and finalists may appear on the Website and other marketing materials and communications from TD1 or other materials or works promoting or otherwise related to the Challenge.
PRIZES: All amounts are in U.S. Dollars. The anticipated prizes are as follows:
TD1 may award all, some or none of the aforementioned prizes in its sole discretion. TD1 reserves the right to change the prizes awarded at any time. The prizes are not transferable or assignable, nor is the prize redeemable for cash. All costs and fees, including, without limitation, federal, state, local or other applicable taxes, charges and incidental costs, if any, are the sole responsibility of the winner.
RELEASE AND DISCLAIMER OF WARRANTIES: By entering this Challenge and/or accepting the prize, entrant, Parent, finalist and winner agrees to, and hereby does, release and hold harmless the TD1 Parties from any and all liability, loss or damage arising from or in connection with any cause of action or actions of any kind related to the Challenge, including the participation or attempt to participate in the Challenge and/or the awarding, receipt, use or misuse of a prize or participation in any prize-related activities, and from claims based on publicity rights, defamation or invasion of privacy.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE TD1 PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NONINFRINGEMENT, CONCERNING ANY PRIZE FURNISHED OR AWARDED IN CONNECTION WITH THE CHALLENGE.
AGREEMENT TO OFFICIAL RULES AND DISPUTES: By approving, entering into and/or participating in this Challenge, each entrant and Parent accepts the conditions stated in these Official Rules, agrees to be bound by the decisions of TD1 regarding the Challenge, and warrants that he or she meets the eligibility requirements set forth in these Official Rules.
By entering into and participating in this Challenge, each entrant and Parent also agree that: (i) any and all disputes, claims and causes of action arising out of or connected with this Challenge, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate state or federal court in Colorado; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Challenge, but in no event attorneys’ fees; and (iii) under no circumstances will an entrant or Parent be permitted to obtain awards for, and each entrant and Parent hereby waives all rights to claim, indirect, punitive, special, incidental or consequential damages or any other damages, other than for actual out-of-pocket costs incurred, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant, Parent and TD1 in connection with the Challenge, shall be governed by, and construed in accordance with, the laws of the State of Colorado, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than the State of Colorado.