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PRESENTS

ExerciseTV New Year, New You Sweepstakes

OFFICIAL RULES

NO PURCHASE OR TAKING THE 10 POUND PLEDGE NECESSARY TO ENTER OR TO WIN A PRIZE. A PURCHASE OR TAKING THE 10 POUND PLEDGE WILL NOT IMPROVE YOUR CHANCES OF WINNING. OPEN ONLY TO PERMANENT LEGAL RESIDENTS OF THE FORTY-EIGHT (48) CONTIGUOUS STATES OF THE U.S. AND D.C. (EXCLUDING ALASKA, HAWAII AND PUERTO RICO) WHO ARE 18 YEARS OF AGE OR OLDER AS OF DECEMBER 22, 2009. VOID IN ALASKA, HAWAII, PUERTO RICO AND WHERE PROHIBITED BY LAW.

Sweepstakes Description: The ExerciseTV New Year, New You Sweepstakes (the "Sweepstakes") begins at 12:00:01 A.M. PT on December 22, 2009 and ends at 11:59:59 P.M. PT on January 31, 2010 ("Sweepstake Period"). This Sweepstakes consists of forty-one (41) daily sweepstakes ("Daily Sweepstakes) and one overall sweepstakes ("Overall Sweepstakes"). Each Daily Sweepstakes begins at 12:00:01 A.M. PT and ends at 11:59:59 P.M. PT (midnight) that same day. The Overall Sweepstakes begins at 12:00:01 A.M. PT on December 22, 2009 and ends at 11:59:59 P.M. PT (midnight) on January 31, 2010. Each day of the Sweepstakes Period is defined by Pacific Time ("PT"). The Sponsor’s clock is the official timekeeper of this Sweepstakes. The only way to enter this Sweepstakes is by using the Internet as described below.

How to Enter the Sweepstakes: To enter, access the Sweepstakes Web Site at www.exercisetv.tv/newyou ("Website") which will take you to the Sweepstakes home page and entry form ("Sweepstakes Home Page"). Once there complete and thereafter transmit the entry form ("Entry"). Information required on the entry form (collectively "Entry Information") consists of your complete first and last name, zip code, date of birth, valid e-mail address, and a valid telephone number (including area code). You will also be asked to opt-in to take the 10 Pound Pledge (optional). If a potential entrant is a resident of a jurisdiction that deems him/her to be a minor, he/she must obtain parental/legal guardian consent prior to entering this Sweepstakes or submitting any personally identifiable information. Limit one (1) Entry per person, per e-mail address, per day. Entries in excess of the stated limit will be disqualified. Entries for a particular Daily Sweepstakes must be received by 11:59:59 P.M. PT (midnight) that same day. Entries for the Overall Sweepstakes must be received no later than 11:59:59 P.M. PT (midnight) on January 31, 2010. All required Entry Information must be valid and correct and completed in full. Proof of delivery or receipt of Entry will not be deemed by Sponsor (defined below) as proof of entry. Any attempted form of Entry other than as described herein is void.

Who Can Enter: This Sweepstakes is only open to permanent legal residents of the forty-eight (48) contiguous states of the United States and D.C. (excluding Alaska, Hawaii and Puerto Rico), who are physically located and residing therein and who are 18 years of age or older as of December 22, 2009 and who possess a valid Social Security or personal tax I.D. number issued by the appropriate government agency. Employees of ExerciseTV, LLC ("Sponsor"), New Balance, Comcast Cable Communications, Time Warner Cable, Time Inc., cable operators, multiple service providers, advertising or promotion agencies, those involved in production, development, implementation or handling of the Sweepstakes, and any agents acting for the above entities, and their respective parent companies, officers, directors, subsidiaries, affiliates, service providers, prize suppliers, or any other person or entity associated with the Sweepstakes (collectively "Sweepstakes Entities") and members of their immediate families (spouses, children, siblings, parents) and/or persons living in the same household as such persons, whether related or not are ineligible to enter the Sweepstakes.

Prize Description and Odds of Winning: One (1) Grand Prize ("GP"): GP consists of one (1) trip to be shared by GP winner and one (1) guest ("Guest") to Los Angeles, CA for three (3) days/two (2) nights ("Trip"). Trip includes:

  • Air transportation consisting of round-trip coach-class tickets for GP winner and Guest from a major commercial airport (as determined by the Sponsor in its sole discretion) near the GP winner’s residence in the forty-eight (48) contiguous U.S. or D.C. (excluding Alaska, Hawaii and Puerto Rico) to Los Angeles, CA.
  • Hotel accommodations consisting of one (1) standard room (single room/double occupancy) for two (2) nights (actual Hotel to be determined by the Sponsor in its sole discretion).
  • Two (2) days of one-on-one fitness and nutrition training for GP winner and Guest with celebrity fitness trainer, Holly Perkins (or reasonable substitute as determined by Sponsor should Holly Perkins’s schedule not coincide with GP winner’s trip schedule or if Holly Perkins becomes unavailable for any reason beyond Sponsor’s control). Fitness and nutrition training sessions will be approximately one (1) hour in duration each.
  • GP winner only will receive $350 spending money (awarded in the form of a check issued in GP winner’s name).

Approximate Retail Value ("ARV") of GP is: $3,500. Travel must be completed within one (1) year of notification of winning.

Five (5) First Prizes ("FP"): Each FP winner will receive one (1) pair of New Balance athletic shoes (Style and Model to be determined by Sponsor at its sole discretion). ARV of each FP is: $100.

Forty one (41) Daily Prizes ("DP") (One (1) prize winner per Daily Sweepstakes): Each DP winner will receive one (1) ten (10) minute downloadable workout from ExerciseTV. ARV of each DP is: $1.99.

ARV of all prizes is: $4,081.59. Odds of winning a Daily Sweepstakes prize depend on the total number of eligible Entries received for that particular Daily Sweepstakes. Odds of winning an Overall Sweepstakes Prize depend on the total number of eligible Entries received during the entire Sweepstakes Period. Air transportation will be provided only if GP winner resides more than one hundred (100) miles from Los Angeles, CA. Trip is subject to air travel and hotel availability, holiday and black-out dates, and all other prize and travel restrictions. GP winner and Guest must book their travel at the same time. GP winner and Guest must take air travel on same travel itinerary. GP winner is solely responsible for all costs, incidentals, and expenses not specifically mentioned as being included, including but not limited to, ground transportation, phone calls, meals and gratuities. Once determined, no change, extension or substitution of trip dates are permitted, except by Sponsor at its sole discretion. By accepting a prize and participating in the fitness and nutrition training winner acknowledges there is inherent risk associated with said training and nutrition training and consultation. In addition by partaking in prize winner has consulted with his/her primary health care provider and is in good physical and mental health condition to partake in the fitness and nutrition part of the prize. If GP winner is a resident of a jurisdiction that deems him/her to be a minor, he/she must be accompanied by his/her parent/legal guardian, and such person must pay his/her own expenses unless deemed to be the allotted travel Guest. If GP travel Guest is a resident of a jurisdiction that deems him/her to be a minor, he/she must be accompanied by his/her parent/legal guardian, and such person must pay his/her own expenses unless deemed to be the GP winner. In the event that the GP (or any portion of the GP) becomes unavailable for any reason, including but not limited to unavailability of celebrity fitness trainer Holly Perkins, all other prize components will serve as full satisfaction of the prize and no additional compensation will be awarded. GP Winner is solely responsible for all costs, incidentals, and any other expenses not specifically mentioned as being included. No substitution, transfer or cash equivalent for a prize (or prize component) is permitted, except that Sponsor, at its sole discretion, may substitute a prize (or prize component) for one of equal value for any reason. Any depiction of prizes is for illustrative purposes only. Prize and prize notification will only be shipped to a street address in the forty eight (48) contiguous states of the U.S. or D.C. (excluding Alaska, Hawaii or Puerto Rico). All federal, state, local or other taxes are sole responsibility of winner. GP Winner will receive a 1099 from the Sponsor for the total ARV of prize (stated herein) that he/she won in the calendar year that he/she won.

Drawing and Notification of Winners: Daily Sweepstakes prize winners will be selected by the Sweepstakes administrator in a random drawing from among all eligible Entries received for that particular Daily Sweepstakes. Overall Sweepstakes prize winners will be selected by Sweepstakes administrator in a random drawing from among all eligible Entries received during the entire Sweepstakes Period. All drawings will be held on or about February 8, 2010 in Burbank, CA. Entries for a particular Daily Sweepstakes will not be retained for subsequent Daily Sweepstakes drawings. All eligible Daily Sweepstakes Entries will be retained for the Overall Sweepstakes drawing. Potential winners (his/her parent or legal guardian, if winner is a resident of a jurisdiction that deems him/her to be a minor) will be notified by email or telephone within five (5) business days of the drawing date. If a potential winner cannot be reached after a reasonable effort has been exerted, if he/she is found to be ineligible, if his/her prize notification is returned as undeliverable, or if he/she cannot or does not comply with these Official Rules, that potential winner will be disqualified and an alternate potential winner may be selected at Sponsor’s sole discretion. If an entrant changes his/her email address after he/she enters the Sweepstakes, it is his/her sole responsibility to notify the Sponsor by postal mailing notice to the address listed below, to be received by the end of the Sweepstakes Period. Winners names may be announced (subject to verification) on ExerciseTV.

General Conditions: Sweepstakes is subject to these Official Rules and all federal, state and local laws and regulations (collectively "Rules and Laws"). Potential GP winner (if a resident of a jurisdiction that deems winner to be a minor, his/her parent or legal/guardian), at Sponsor’s sole discretion, will be required to execute, sign, have notarized and return an unaltered original Affidavit of Eligibility, a Liability Release, a Publicity Release (where legal), an IRS Form W9, and any other documentation that Sponsor requires (collectively "Affidavit/Release") within five (5) days after receipt by potential GP winner or such potential winner may be disqualified and an alternate potential GP winner may be selected at Sponsor’s sole discretion. GP winner’s Guest (his/her parent/legal guardian if the Guest is a resident of a jurisdiction that deems him/her to be a minor) will be required to sign, execute, have notarized, and return a Liability Release, a Publicity Release and any other documentation that Sponsor requires within five (5) days after receipt by potential GP winner. By accepting a prize (and in the case of the GP winner returning the completed Affidavit/Release) winners attest to the authenticity of their winning entry. By entering this Sweepstakes, entrants agree to all of the following: to be bound by these Rules and Laws, as well as the decisions of the Sponsor which are final and binding in all respects; to indemnify and hold harmless the Sweepstakes Entities from any and all liability resulting or arising from the Sweepstakes; to release all rights to bring any claim, action or proceeding against the Sweepstakes Entities; and to waive any rights to claim ambiguity with the Official Rules. If a winner is a resident of a jurisdiction that does not deem him/her to be of the age of majority prize will be awarded in the name of such minor’s parent/legal guardian. Once submitted Entry Information becomes the sole property of the Sponsor and will not be returned. Sponsor has the right to modify, use, assign, and/or dispose of such Entries however it sees fit and for any purpose without any notice or compensation to entrant or any third party. Any personal information supplied by entrants to Sponsor or its affiliates will be subject to Sponsor’s Privacy Policy (and terms of service) posted at: http://www.exercisetv.tv/about/privacy_policy.aspx. Thus, except where prohibited by law and Sponsor’s Privacy Policy: (1) entry and/or a winner’s (winner’s parent/legal guardian, if winner is minor) acceptance of a prize constitutes permission for the Sweepstakes Entities to use such winner’s name, address (city and state), photo, likeness, biographical information, statement and voice for advertising/publicity purposes worldwide and in all forms of media (including posting on Website, on-air on the ExerciseTV, on Video on Demand, on affiliate cross channel, and/or public relations press releases), in perpetuity, without further notice to or compensation in connection with said Sweepstakes or prize awarded and (2) Sponsor has the right to modify, edit, adapt, electronically alter, use, assign and/or dispose of such Entries however it sees fit and for any purpose without any notice or compensation to entrant or any third parties. Sponsor will not provide any personally identifying information of minors, regardless of its source, to any third party without the express written consent of entrant’s parent/legal guardian. Entry information will not be sold. Entry information will not be provided to any other entity other than as described herein. Any person attempting to defraud or tamper with this Sweepstakes will be prosecuted and will not be eligible for a prize. If, for any reason, the Sweepstakes is not capable of running as originally planned, Sponsor at its sole discretion, reserves the right to cancel, suspend or modify the Sweepstakes or any portion(s) thereof and conduct the drawing from among all salvageable eligible Entries for the Sweepstakes, if any. In case of a dispute over the identity of an entrant who submitted a winning Sweepstakes Entry, at Sponsor’s sole discretion, the authorized account holder of the email address account associated with that Sweepstakes Entry will be deemed the entrant. The "authorized account holder" is deemed the natural person who is assigned to an email address by an Internet access provider, service provider or other on-line organization that is responsible for assigning email addresses for the domain associated with the submitted email address. Said owner must comply with these Official Rules and, at Sponsor’s sole discretion, may be required to provide proof of ownership of the email account.

Disclaimers: Sweepstakes Entities are not responsible or liable for multiple Entries of any kind entered by other than human means (such as by an automated computer program or any non-human mechanism, entity, or device), or for Entries that are late, destroyed, forged, lost, stolen, misdirected, tampered with, incomplete, deleted, damaged, or otherwise not in compliance with these Official Rules and all such Entries will be disqualified. By entering the Sweepstakes, entrants agree and acknowledge to be bound by the Rules and Laws, as well as the decisions of the Sponsor which are final and binding in all respects; to waive any rights to claim ambiguity with the Rules and Laws, and that Sweepstakes Entities shall have no responsibility or liability (including, but not limited to liability for any property loss, damage, personal injury or death) in connection with: participation in this Sweepstakes; human error; incorrect or inaccurate transcription of entry information; acceptance/possession, use/misuse, and/or defects of the prizes awarded herein; even if caused by the negligence of one of the Sweepstakes Entities. Entrants further agree to indemnify and hold harmless the Sweepstakes Entities from any and all liability resulting or arising from the Sweepstakes, to release all rights to bring claim, action or proceeding against the Sweepstakes Entities, and hereby acknowledge that said Sweepstakes Entities have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to any prize, any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, internet service provider; interruption or inability to access the Sweepstakes or any Website or online service via the internet due to hardware or software compatibility problems; any damage to entrants (or any third person’s) computer and/or its contents related to or resulting from any part of this Sweepstakes; any lost/delayed data transmissions, omissions, interruptions, defects or any other errors or malfunctions. Sweepstakes Entities shall have no responsibility or liability for cancellations and/or delays or any change by the air carrier(s), lodging facilities, or other company or any other persons providing any of components of the Grand Prize for the GP winner and his/her Guest due to reasons beyond Sponsor and/or Sweepstakes Entities control. The failure of Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of the Sponsor (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Official Rules.

Rules and Winners List Requests: To receive a copy of the winners list or a copy of these Official Rules send a self-addressed stamped envelope to: ExerciseTV New Year, New You Sweepstakes "Rules" or "Winners List" (Specify which), P.O. Box 6375, Burbank, CA 91510. All requests must be received by March 31, 2010. Winners list may also be posted on Website.

Sponsor: ExerciseTV, LLC. 11611 San Vicente Blvd. Suite 850, Los Angeles, CA 90049.