2009 Kick It Up First Coast: Biggest Loser Official Contest Rules

1. NO PURCHASE NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT INCREASE YOUR ODDS OF WINNING. ALL FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.

2. Eligibility. The Kick It Up First Coast: Biggest Loser Contest (the "Contest") is open to residents of the state of Florida and Southeast Georgia, residing in any of the Jacksonville/Brunswick DMA Counties, who are 18 years or older at the time of entry. Kick It Up First Coast: Biggest Loser contestants will be competing to lose the most percentage weight between twelve finalists during twelve weeks of competition for the contest running from September 14th to December 14th, 2009. Employees of WTLV-TV12, WJXX-TV25, Gannett Co. Inc., Bailey's Gyms, Memorial Hospital, Whole Foods, Belk, Jacksonville Running Company and all other Sponsors/Prize providers, each of their respective affiliated companies, subsidiaries, advertising or promotional agencies, and other agents, and the immediate family members of, and any persons domiciled with such employees, are not eligible. Contestants acknowledge and accept that the Kick It Up First Coast: The Biggest Loser contest is not connected with the national NBC Biggest Loser Show/Contest and understand they will not appear on NBC programming as part of the Kick It Up First Coast: Biggest Loser competition.

3. Entry. The Contest will begin at 5:00pm. EST on July 6, 2009 and all entries must be received by Friday, July 31, 2009 at 12:00 noon. EST (the "Contest Period").

Internet Entry: Enter by visiting the Kick It Up First Coast: Biggest Loser official registration page on the firstcoastnews.com Website, and completing all of the required information and following all instructions. Submit your entry by clicking on the "SEND" button. As part of the entry form, you must upload at least one current photograph and describe why you think you should be selected to participate in the First Coast's Biggest Loser contest OR you can submit a specific URL address (link) where you have posted a video in which you show us why you think you should be selected to participate in the First Coast's Biggest Loser contest. Do not email files or videos to firstcoastnews.com.

All entry materials become property of Sponsors and will not be returned. By submitting an entry, you warrant that you own all copyrights in and to any video and/or narrative you submit and you grant Sponsors all copyright in and to the entry materials, you authorize First Coast News to use your video for promotional or other purposes and you understand that First Coast News may post your video online. If providing a video posted on the Internet for which you have provided a URL address, the video must meet all the following requirements:

Length: Maximum of three (3) minutes. Videos that are longer than 3 minutes will be disqualified and those entries will not be considered for participation in the contest.
Content: Why you should be chosen to participate in Kick It Up First Coast: Biggest Loser contest. Be creative! Show us your personality.

One (1) entry per person.

All entrants must be willing to, among other things, make themselves available to be interviewed and videotaped by First Coast News, WTLV/WJXX for broadcast on WTLV and/or WJXX and/or firstcoastnews.com; or http://firstcoast.momslikeme.com; allow First Coast News to conduct a background check; make themselves available for multiple appearances on First Coast News Newscasts, and special Biggest Loser reports and for related publicity and promotions; and to supply online blogs and photographs to Firstcoastnews.com and Firstcoast.Momslikeme.com. Entrants recognize and agree that WTLV, WJXX, Firstcoastnews.com, Gannett Co., Inc. and their respective affiliates and subsidiaries and their respective directors, officers, employees, agents, successors and assigns are not responsible for any illness or injury which may result from participation in this Contest. All finalists who participate in the contest will be required to sign a release/waiver to participate in the contest.

First Coast News, WTLV/WJXX, Firstcoastnews.com, Gannett Co., Inc, Bailey's Gym, Memorial Hospital, Whole Foods, Jacksonville Running Company, and additional prize providers ("collectively referred to as Sponsor") will not be responsible for incomplete, lost, late, misdirected or illegible entries or for failure to receive entries due to transmission failures or technical failures of any kind, including, without limitation, malfunctioning of any telephone connection, network, hardware or software, whether originating with sender or Sponsor. In the event of a dispute, all online entries will be deemed to have been submitted by the owner of the email account from which they were sent. For theses purposes, an email account holder shall mean the natural person assigned to such email account by the Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with such email account. Any questions regarding the number of entries submitted or the owner of an email account shall be determined by Sponsor in its sole discretion, and Sponsor reserves the right to disqualify any entries by persons determined to be tampering with or abusing any aspect of the Contest.

4. Prizes and Odds. A group of semi-finalists will be selected on or about August 1, 2009 from a committee of First Coast News, WTLV/WJXX representatives. The semi-finalists will be invited to come to First Coast News Studios for an interview on or about August 17, 2009 as part of the selection process. After completing the interview process, twelve (12) Finalists will be selected from a committee comprised of First Coast News and sponsor representatives on or about August 17, 2009. The 12 Finalists will be asked to attend a meeting at First Coast News Studios on or about Tuesday, August 23, 2009. At that meeting contestants will receive an estimated schedule for appearances (for on-air broadcast appearances on First Coast News, for appearances at the studios, for exercise and work out sessions with your trainer(s) and for community event appearances) throughout the competition and will have their first official weigh-in of the competition. Contestants are required to follow the NBC Biggest Loser diet and exercise plan throughout the competition. Each week from approximately September 14th to December 4th, 2009, contestants will compete to lose the highest percentage weight from among all 12 of the Biggest Loser Contestants. Progress of the contestants weight loss throughout the competition will be broadcast and air on WTLV-TV AND WJXX-TV during various time periods throughout the day which may include First Coast News at 12 noon, 5PM, 5:30PM, 6PM, 7PM, Good Morning Jacksonville at 5am, or 6AM, or Good Morning Jacksonville Saturday on WTLV, or Good Morning Jacksonville/Sunday on WJXX, on www.firstcoastnews.com. Contestants acknowledge and agree that their names and/or photos or videos may be broadcast on either WTLV or WJXX or both stations during the Contest period. Every week starting the week of September 14th, one contestant will be eliminated out of the competition through a weigh in.

5. As part of the Kick It Up First Coast: Biggest Loser weight loss plan for diet and exercise, each of the twelve finalists will receive 1) a six-month membership/class program to Bailey's Gym, with a total value of $4,840; 2) a work-out shirt and shorts and pair of sneakers from Jacksonville Running Company, total value of $2,200.

Finalists will receive a suggested reduced calorie healthy meal plan from Memorial Hospital they will be expected to follow.

One (1) Grand Prize Winner will be awarded by First Coast News for the Kick It Up First Coast: Biggest Loser on or about December 15, 2009 by being the contestant having the highest percentage weight lost during the competition as measured between the first official weigh in on Tuesday, August 25, 2009 and the final official weigh in during the week of December 7, 2009.

The Grand Prize, valued at $2,700 includes a gift card from Whole Foods; a makeover, and wardrobe gift card from Belk Department Stores, and a Full Year Gym membership to Bailey's Powerhouse Gym and a new workout outfit and sneakers from Jacksonville Running Company. Second Place winner will get a 6-month gym membership from Bailey's valued at $403.

All expenses not specified as part of the Grand Prize package are the sole responsibility of Winner. Winner is responsible for any costs over and above the prize value amounts identified above.

Odds of winning depend on the number of eligible entries received.

6. Winner Notification and Acceptance. The twenty-five semi-finalists will be notified by email or telephone on or about August 10, 2009 and asked to attend an interview session on or about August 17, 2009 at the First Coast News Studios, 1070 E. Adams St., Jacksonville, FL. 32202. Sponsor will call during regular business hours and will leave no messages. Failure to reach winner by phone may result in disqualification of the semi-finalists, forfeiture of his/her interest in all prizes, and selection of a substitute semi-finalist from among all remaining eligible entries. The twelve finalists will be notified by telephone on or about August 18th, 2009 and asked to attend a Finalist Meeting on or about Thursday, August 27, 2009 at First Coast News Studios at 1070 E. Adams St. Jacksonville, FL 32202. Sponsor will call during regular business hours and will leave no messages. Failure to reach finalist by phone may result in disqualification of the winner, forfeiture of his/her interest in all prizes, and selection of a substitute winner from among all remaining eligible entries. Contest Weight Loss Winner or Kick It Up First Coast:Biggest Loser Winner will be determined at the last official weigh-in of the competition during the week of December 7, 2009 at the final taping for the Kick It Up First Coast: Biggest Loser Finale special which will be broadcast on or about Saturday, December 19, 2009, 730-8pm. Winner may waive his/her right to receive the Grand Prize. The Grand Prize is non-assignable and non-transferable. No substitutions allowed, except that prizes and individual components of Grand Prize package is subject to availability and Sponsors reserve the right to substitute prizes of equal or greater value. The winner is solely responsible for reporting and payment of any taxes on prizes. The winner may be required to complete an affidavit of eligibility, and a liability and publicity release (except where prohibited by law) which must be returned within twenty-four (24) hours after receipt. Failure to sign and return the affidavit or release within 24 hours, or to comply with any term or condition of these Official Rules, may result in the Winner's disqualification, the forfeiture of his/her interest in the prize, and the award of the Grand Prize to an alternate winner. Except where prohibited, participation in the Contest constitutes entrant's consent to the publication of her name, biographical information and likeness in any media for any commercial or promotional purpose, without limitation or further compensation. For name of the Winners, (available after December 16, 2009), send a self-addressed, stamped envelope to WTLV TV12, 1070 E. Adams St., Jacksonville, Florida, 32202 Attn; Bonnie Solloway.

6. Participation. By participating, entrants agree to be bound by these Official Rules and the decisions of the judges. Sponsors reserve the right to disqualify persons found tampering with or otherwise abusing any aspect of this Contest as solely determined by Sponsors. In the event the Contest is compromised by a virus, non-authorized human intervention, tampering or other causes beyond the reasonable control of Sponsor which corrupts or impairs the administration, security, fairness or proper operation of the Contest, Sponsors reserve the right in its sole discretion to suspend, modify or terminate the Contest. Should the Contest be terminated prior to the stated expiration date, Sponsors reserve the right to award prizes based on the entries received before the termination date.

7. Limitations of Liability. By entering the Contest, entrant agrees that (1) any and all disputes, claims, and causes of action arising out of or in connection with the Contest, or any prizes awarded, shall be resolved individually without resort to any form of class action, and entrant waives his or her right to a jury trial for such disputes, claims, and causes of action; (2) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event attorneys' fees; and (3) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses.

8. Construction. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any contestant and Sponsors, shall be governed by, and construed in accordance with the laws of the State of Florida, without giving effect to any choice of law or conflict of law rules or provisions (whether of Florida, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than Florida. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. If any such provision is determined to be invalid or otherwise unenforceable, these rules shall be construed in accordance with their terms as if the valid or enforceable provision was not contained therein.

9. General Release. By entering the Contest, contestants release WTLV-TV, WJXX-TV, First Coast News, Gannett Co., Inc., Bailey's Gym Inc., Memorial Hospital, Whole Foods, and all other Sponsors, participating advertisers, any other promotional sponsors, and each of their respective affiliated companies, directors, officers, employees, representatives, partners and agents from any liability whatsoever for any claims, costs, injuries, medical complications or risks, losses or damages of any kind arising out of or in connection with the Contest or with the acceptance, possession or use of any prize (including, without limitation, claims, costs, injuries, losses or damages related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light).


10. Sponsors. The Kick It Up First Coast: Biggest Loser Contest is sponsored by WTLV TV, WJXX TV, Gannett Co., Inc., Bailey's Gym, Inc., Memorial Hospital, Whole Foods, Belk Department Store, Jacksonville Running Company, and other prize sponsors, (collectively, "Sponsors"), whose decisions regarding the selection of winners and all other aspects of the Contest shall be final and binding in all respects. Sponsor will not be responsible for typographical, printing or other inadvertent errors in these Official Rules or in other materials relating to the Contest. If you have any questions regarding this Contest, please contact WTLV-TV, 1070 E. Adams St., Attn: Bonnie Solloway.