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Tuesday, Jan. 31, 2012 | 4:47 p.m.

 
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Official Rules
 
The Subway® Biggest Weight Loss Challenge

OFFICIAL RULES

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

1.Who Is Eligible to Participate? Subject to the additional restrictions below, The Subway® Biggest Weight Loss Challenge (the “Challenge”) is open to legal U.S. residents who are 18 or older at the time of entry and who reside in the WPXI-TV viewing area, as determined by either reception of WPXI-TV’s broadcast signal at your residence or the presence of WPXI-TV’s channel on your local cable TV system. Employees of WPXI, Inc. (“Sponsor”), Cox Broadcasting, Inc., Doctor's Associates Inc. d/b/a Subway Restaurants, Inc. (“Subway®”), or of any of their respective affiliated companies or advertising and promotional agencies, and the immediate family members of, and any persons domiciled with, any such employees, are not eligible to enter or to win. The term “immediate family members” includes spouses, parents, grandparents, siblings, children, and grandchildren. To be eligible for the Challenge, you must be healthy enough to participate in an exercise and weight loss program, and must be free of any physical limitations, medical ailments, or physical or mental conditions that would limit or prevent you from participating in the Challenge. Persons belonging to or affiliated with a professional acting or theater organization, such as SAG or AFTRA, may not participate in the Challenge if such participation would require Sponsor to pay such Participant a fee or any other benefit for taking part in any Challenge event. Any entrant that undergoes any of the following surgical or medical procedures, or weight reducing procedures like them, after submitting a Challenge application will be disqualified, and his or her teammates may also be disqualified in Sponsor’s discretion: Gastric bypass (must have been done one year prior to application), liposuction, breast reduction or any other weight reducing surgical procedure. You may not be pregnant during any part of the Challenge. You may not enter the Challenge if you have used Ephedra or any other weight loss/gain supplements, laxatives, diuretics, metabolic enhancers, steroids, or anything else that will or could have the possibility of affecting the rate of weight loss or any strength-enhancing prescription drugs or medications, unless prescribed by a physician to treat a pre-existing medical condition. Any entrant that participates in Jenny Craig, WeightWatchers, NutriSystem, Seattle Sutton or any other commercial weight loss program or pre-packed food service after submitting a Contest application will be disqualified, and his or her teammates may also be disqualified in Sponsor’s discretion.

2.How Do I Enter? To apply for the Challenge, you will be required to register on the official UPICKEM Contest page. http://wpxi.upickem.net/engine/Welcome.aspx?contestid=46722 Each person applying to participate in the Challenge must meet the eligibility criteria stated in these Official Rules, and must provide the following information: (i) full name (ii) birth date (iii) gender (iv) email address (v) phone number (vi) postal code. Once you confirm your registration you must submit the contest entry form which consists of (i) weight of person applying to participate in the Challenge, (ii) height of person applying to participate in the Challenge and (iii) an essay of 100 words or less telling us why you want to participate in the Challenge. All essays must be the sole, original work of the applicant and must be typewritten or legibly printed in English. Application Forms received after 12:00 pm (ET) on Jan. 25, 2012 will not be accepted. Limit one (1) Application Form per person. Sponsor will not be responsible for incomplete, lost, late or illegible Application Forms or for failure to receive Application Forms due to transmission failures or technical failures of any kind, including, without limitation, malfunctioning of any network, hardware or software, whether originating with sender or Sponsor. All Application Forms become the property of the Sponsor and none will be returned. Sponsor reserves the right to disqualify any entries by persons determined to be tampering with or abusing any aspect of the Challenge.

3.How Will Participants Be Selected? On or about Jan. 30, 2012, a committee of judges consisting of representatives of WPXI-TV and/or Subway® will review all Application Forms and will select the five (5) applicants with the most compelling essays to participate in the Challenge (each person will be referred to in these rules as a “Participant”). IF FEWER THAN FIVE (5) ELIGIBLE PEOPLE SUBMIT APPLICATION FORMS, THE CHALLENGE WILL BE DISCONTINUED. Sponsor will attempt to contact the selected participants at the telephone number and/or email address listed on the Application Form. To be declared a Participant in the Challenge, each person will be required to submit to provide Sponsor with a driver’s license (or other government-issued photo ID) and to complete and sign an Affidavit of Eligibility and a Liability and Publicity Release (“Participant Release”). If Sponsor is unable to reach a selected participant to confirm that he or she will participate in the Challenge, or if a selected participant is unwilling or unable to provide Sponsor with a driver’s license (or other government-issued photo ID) and to complete and submit a Participant Release, or is otherwise determined by Sponsor to be ineligible under these Official Rules, that Participant may be disqualified and another Participant may be selected. Subject to the provision of the required identifying information, verification of eligibility, the signing of a Participant Release, and compliance with all other terms of these Official Rules, each selected participant will be declared a Participant and will continue in the Challenge as described below.

4.What Do Participants Have to Do to Complete the Challenge? The Challenge will take place between Feb. 6, 2012 and March 30, 2012 (the “Challenge Period”). Each Participant will be required to attend one (1) one (1) hour training session per week with Robert Southall at Big South Fitness in Robinson, Pa. (4 Penn Center West, Suite 120, Pittsburgh, PA 15216). At each session, the Participant will be weighed and his or her weight will be recorded. The same scale will be used for all Participants and weight measurements will be recorded by personal trainer Robert Southall. Participants’ last names will not be disclosed to the public in any promotional or other materials relating to the Challenge (unless a Participant consents to such disclosure) – only first names, and the weight of each Participant, will be disclosed. Participants are responsible for paying for transportation to and from Big South Fitness for the training sessions, along with any other costs and expenses related to participation in the Challenge, with the exception of the training sessions themselves which will be covered by the Sponsor. Sponsor may disqualify any Participant that fails to participate in the required weekly training sessions. Sponsor also may disqualify any Participant if, in its sole discretion, it determines that further participation may be detrimental to the Participant's health. Such disqualification may occur, for example, if Sponsor determines that a Participant's weight loss is too extreme, or is accomplished through any means that is detrimental to the Participant's short-term or long-term health. Sponsor also reserves the right, in its sole discretion, to disqualify any Participant that fails to comply with any requirements set forth in these Official Rules.

5.How Will the Winning Team Be Selected? The Participant that loses the biggest percentage of weight during the Challenge Period (measured by taking the total number of pounds lost and determining what percentage of the Participant’s total starting weight those pounds represent) will win $1000.

6.Publicity Release. You acknowledge and agree that certain Challenge events and activities, including each Participant’s weigh in and work out with the personal trainer, may be videotaped or otherwise recorded by Sponsor. By entering the Challenge, you agree to the use by WPXI-TV and any other Challenge sponsor of any such videotaped and recorded materials, and of your voice, actions, likeness, photograph, name, appearance, evaluations, biographical materials, and any other information contained in, derived from or otherwise obtained by Sponsor in connection with your Application Form, in connection with your attendance at or participation in any Challenge event or activity, or in any materials submitted by you in connection with this Challenge, and you agree that WPXI-TV and other Challenge sponsors shall have the right to broadcast, display, or otherwise use, and to edit, alter, or modify, any such materials and/or information in any way they see fit, and in any and all media now known or hereafter devised, worldwide in perpetuity, without limitation and without compensation to you, subject to the restrictions on disclosure set forth in Paragraph 4, above. Each applicant grants the rights set forth in this Section 6 whether or not selected to participate in the Challenge as a Participant. All Application Forms and all other materials submitted by you in connection with the Challenge shall become the exclusive property of Sponsor and may be used by Sponsor in its sole discretion in any manner or form in any media without restriction, condition or obligation of any type, and you voluntarily transfer to Sponsor all right, title, and interest, including all copyright rights, in and to all such materials.

7.Liability Release. Sponsor recommends that all Participants seek medical advice before beginning any diet or exercise program. By submitting an Application Form, you agree to assume all risks related to your participation in the Challenge or in any Challenge event or activity, and hereby irrevocably and unconditionally release, acquit, and forever discharge Sponsor, Cox Broadcasting, Inc., Subway®, and all other Challenge sponsors, and each of their respective owners, stockholders, predecessors, successors, assigns, agents, directors, officers, employees, representatives, attorneys, divisions, subsidiaries, affiliates, and parents, and all persons acting by, through, under or in concert with them, from any and all charges, complaints, claims, liabilities, obligations, promises, damages, causes of action, rights, demands, costs, lawsuits, debts and expenses, including but not limited to attorneys’ fees and costs actually incurred of any nature whatsoever, known or unknown, arising from any activity related to your or your family members’ participation in the Challenge or any Challenge event or activity.

8.Reservation of Rights. By participating, contestants agree to be bound by these Official Rules and the decisions of Sponsor and the Challenge judges. Sponsor reserves the right to disqualify persons found tampering with or otherwise abusing any aspect of this Challenge as solely determined by Sponsor. In the event the Challenge is compromised by tampering or other causes beyond the reasonable control of Sponsor which corrupts or impairs the administration, security, fairness or proper operation of the Challenge, Sponsor reserves the right in their sole discretion to suspend, modify or terminate the Challenge. Should the Challenge be terminated prior to the stated expiration date, Sponsor reserves the right to declare a winner based on the weigh-ins completed before the termination date.

9.Construction. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any such provision is determined to be invalid or otherwise unenforceable, these rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.

10.Sponsor. The Challenge is sponsored by WPXI-TV. The decisions of Sponsor and the Challenge judges regarding the selection of Participants, the selection of the winning participant, and all other aspects of the Challenge 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 Challenge. For a list of winners (available after 04/09/12), or a copy of these Official Rules, visit www.wpxi.com and click on The “Subway® Biggest Weight Loss Challenge” link.
 
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The Subway® Biggest Weight Loss Challenge

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