1) You must be at least 18 years of age.
2) In addition, JVL and any of its affiliates reserve the right to disqualify any person whom any of them so determine.
3) If selected as a participant you must execute waivers and release agreements required by JVL and other affiliates or any of their licensees, successors or assigns.
4) You will need to be available to the production in March 2013 to July 2013 and be willing to travel to various locations as part of production.
5) Any offer to become a participant is conditioned upon your submission to physical and psychological examinations to be conducted in Pretoria, by a medical professional selected by and paid for by yourself and the certification of the medical professionals that you meet all physical and psychological requirements should be filed upon registration or within 48hours thereafter. You must be willing to submit medical information to the production where required and you must be willing to submit to a medical examination, psychological examination, and any background check only if required.
6) You hereby give the following representations, warranties, acknowledgements, consents and releases:
1. By signing/ ticking the box below, I hereby represent, warrant, acknowledge, and agree that: (i) I have read and I meet and agree to be bound by the eligibility requirements; (ii) I have completed this application honestly and accurately; (iii) if any of the information in this application is found to be false or incomplete, this will be grounds for dismissal from the Program/ contestant selection process, and/or from the Program contest, if selected; (iv) even if I meet the eligibility requirements, JVL has no obligation to interview me, and/or select me as a participant; (v) even if I am selected as a contestant, JVL has no obligation to conduct the contest or produce the Program and JVL or any of its affiliates, associated role-players, sponsors or individuals has no obligation to broadcast it, even if produced; (vi) all decisions by JVL concerning selection of the contestants are final and not subject to challenge or appeal; and (vii) JVL has no obligation to return any materials submitted by me as part of the application whether or not I am selected as a contestant and may use all material, in its broadest meaning, submitted by me.
2. By submitting/ ticking the box below this application, I hereby consent to the recording, use and re-use by JVL or any of its affiliates, associated role-players, sponsors or individuals, and any of their respective licensees, successors, assignees, parents, subsidiaries, or affiliated entities, and each of their respective employees, agents, representative, officers and directors (collectively "Releasees") of my voice, actions, likeness, name, appearance, biographical material, intellectual property, photos and any information contained in, derived from or obtained in connection with my application to be a contestant in the Program or in any materials submitted by me in connection with my application (collectively "Likeness"), as edited, altered, or modified by JVL or by any of the other Releasees, in any and all media now known or hereafter devised, worldwide in perpetuity, in or in connection with the Program or any other work and also for an unspecified period running after this challenge has ended. I agree that the Releasees or any of them may use all or any part of my Likeness, and may alter or modify it regardless of whether or not I am recognizable. I further agree that the Releasees exclusively own all rights, titles, and interest (including, without limitation, all copyrights) in and to any and all recordings made by them and in and to any and all videos that I have provided in connection with my application and any other materials that I have provided or may provide in connection with my application or the Program (collectively, the "Materials"), including, without limitation, the right to edit, alter or modify the Materials and to use all or part of the Materials and my Likeness in any and all media now known or hereafter devised worldwide (including but not limited to television, internet, print media), in perpetuity. I further agree that Releasees may use my Likeness and the Materials in connection with any promotion, publicity, marketing or advertisement for the Program. I warrant that the Materials are original to me and that no one else has any right to them. Moreover, I acknowledge that other persons, including employees of the aforementioned entities, may have submitted to JVL or any of its affiliates, associated role-players, sponsors or individuals and/or any of the other Releasees and/or made public and/or may in the future originate and submit and/or make public, similar or identical material to the Materials, and I understand that I will not be entitled to compensation because of the use of other similar or identical material by any of the foregoing entities, or of their respective agents, employees, or representatives. Without in any way limiting the foregoing, if I perform or include any music (other than music supplied to me by JVL) in connection with my application for the Program, I represent and warrant that I own all rights to such music, and I grant JVL the right to record, reproduce and publicly perform any such music in connection with the Program or any other work. Without in any way limiting the waivers and releases set forth herein, I waive any claims to royalties of any kind, whether accruing now or in the future, from JVL or any of its affiliates, associated role-players, sponsors or individuals for the use of any such intellectual property and music, including, without limitation, any applicable copyright, public performance, mechanical and synchronization royalties. I grant the rights hereunder whether or not I am selected to participate in the Program in any manner whatsoever. I understand that I will not be paid any money for giving Releasees these rights or for signing this agreement.
(c) I hereby authorize JVL and any person or entity designated by JVL to investigate,
access and collect information about me, about any of the statements made by me in my application, in this Agreement, any supporting documents and any other documents that I have signed or provided or do sign or provide in connection with my application to be selected as a contestant in the Program, or any other written or oral statements I make in connection therewith. I irrevocably authorize JVL and any person or entity designated by JVL to secure information about me and my experiences from my current and former employers, associates, friends, family members, educational institutions, government agencies, credit reporting agencies, and any references I have provided, and I irrevocably authorize such parties to provide information concerning me. I hereby unconditionally and irrevocably release and forever discharge JVL or any of its affiliates, associated role-players , sponsors, individuals or the persons or entities designated by JVL, and all such parties and persons from any and all liabilities arising out of or in connection with any such investigation. I specifically authorize investigation of my employment records, medical records, and government records, including but not limited to my motor vehicle records, criminal records and credit and/or consumer report(s). I acknowledge and agree that any such information obtained by JVL or by any person or entity designated by JVL pursuant to this paragraph or otherwise may be used for purposes of selecting contestants in the Program, and may be described or otherwise related in and in connection with the Program.
(d) I hereby authorize JVL and any person or entity designated by JVL to conduct
psychological and physical examinations of me as required by JVL. I further authorize the individuals conducting such examinations of me to disclose to JVL and their representatives all information about me obtained in connection with such examinations, and authorize JVL to utilize such information in selecting contestants for the Program.
RELEASE AND AGREEMENT NOT TO SUE.
I release Releasees from any and all liability arising out of the recording or use of my Likeness and/or the Materials. I agree not to make any claim against Releasees as a result of the recording or use of my Likeness and/or the Materials (including, without limitation, any claim that such use defames me or invades any right of privacy and/or publicity) or any injuries I might sustain during or after this challenge.
As used herein, “JVL ” shall include its licensees, successors, and assigns, and each of their respective officers, directors, shareholders, employees, agents, and representatives. I agree that JVL may license, assign, and otherwise transfer this application and all rights granted by me under this application to any person or entity.
AUTHORIZATION AND RELEASE FOR THE PROCUREMENT OF A CONSUMER, INVESTIGATIVE OR
I, the registered consumer, do hereby authorize JVL or any of its affiliates, associated role-players, sponsors or individuals or production team, by and through their independent contractors or any other independent contractor they may designate in their sole discretion to perform background checks, to procure, review and evaluate a consumer report, investigative consumer report, and/or business report on me to assist in their determining my suitability for the project in which I am seeking to participate. These records may include, but are not limited to, employment and education records; military history records; my personal credit history based on reports from any credit bureau; my driving history, including any traffic citations; a social security number verification; present and past addresses, and criminal and civil history / records.
I understand that I am entitled to a complete and accurate disclosure of the nature and scope of any investigative consumer or business report prepared on me upon my written request to any independent contractor that JVL or any of its affiliates, associated role-players, sponsors or individuals may have designated in their sole discretion to perform background checks, that is made within a reasonable time after the date hereof.
I further authorize any person, business entity or government agency who may have information relevant to the above to disclose the same to JVL or any of its affiliates, associated role-players , sponsors or individuals, by and through any independent contractor that JVL or any of its affiliates, associated role-players, sponsors or individuals may have designated in their sole discretion to perform background checks, including, but not limited to, any courthouse, any public agency, any and all law enforcement agencies and any and all credit bureaus, regardless of whether such person, business entity or governmental agency compiled the information itself or received it from other sources.
I hereby release JVL or any of its affiliates, associated role-players , sponsors or individuals and each of their respective parent and affiliated companies, any other independent contractor that any of them may designate in their sole discretion to perform background checks, and each of their respective officers, directors, agents and employees, and any and all persons, business entities and governmental agencies, whether public or private, from any and all liability, claims and/or demands of whatever kind, to me, my heirs or others making such claim or demand on my behalf, for procuring, selling, providing, brokering, reviewing, evaluating, and/or assisting with the compilation or preparation of the investigation, consumer report, investigative consumer report and/or business report hereby authorized.
I desire to participate in the JVL CHALLENGE. Therefore, by participating in this event, I agree to release and hold harmless JVL, any of its affiliates, individuals related to JVL, sponsors and production team from any damages to property or injuries which I may suffer due to my participation in this activity. I agree to release and hold harmless the JVL, its agents any of its affiliates, individuals related to JVL, sponsors and production team, against any claims, demands, actions, debts, liabilities, judgments, costs, or attorney's fees arising out of claimed on account of, or in any manner predicated upon my use of JVL facilities and/or equipment including loss or damage to property, any injury or death of any person in any manner, caused or contributed to by JVL, it officers, or it agents.
BY Registering for the challenge , I DECLARE THAT I HAVE READ AND VOLUNTARILY ENTER INTO THE TERMS OF THIS
MAIN JVL CHALLENGE CRITERIA, RULES AND REGULATIONS:
1. The ‘JVL challenge” is aimed and competing with yourself and achieving your best results. It will be conducted in South Africa (hereafter “SA”) and thus be subject to South-African laws.
2. The challenge can only be entered online at challenge.jvl.co.za.
3. A confirmation e-mail will be sent once your registration has been completed.
4. All registration forms, waivers, application forms, medical reports, CV’s, photographs and any other intellectual property will become the sole property of JVL (Tiespro 186 Pty Ltd hereafter “JVL”).
5. You are advised to consult your physician before entering the challenge.
6. Any prescription medicine should be disclosed to the organizers of this challenge before the start of the Challenge accompanies by a medical certificate stating that the entrant is in a healthy state and “cleared” to compete in the Challenge. Failure to do so will result in immediate disqualification.
7. JVL may at its sole and absolute discretion and without offering any reasons, decline an entry received from anybody
8. Only products purchased at JVL must be used during this challenge. Proof of purchase from the JVL stores of products (receipts) should be kept after the Challenge and will be required from all finalists. It will lead to immediate disqualification if the organizers should have the slightest suspension that this was not adhered to.
9. Any entrant may not sell or transfer in any manner whatsoever his entry or allow anyone else to participate under his name. Should this not be adhered to, it will lead to immediate disqualification.
2. RELEASE, WAIVER AND INDEMNITY
Each participant assumes all risk of injury, harm or loss of any kind arising from participation in the "JVL Challenge" including the use of any information, advice, training tips or programs, as well as the use of any and all products purchased at JVL and/or any of its employees, agents or representatives. USN shall under no circumstances whatsoever be liable to any participant including, without limitation, as a result of or in connection with its negligent (including grossly negligent) acts or omissions or those of their employees, agents or designees or other persons for whom in law they may be liable (in whose favour this constitutes a contract or undertaking for their benefit) for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused (whether arising under contract, delict or otherwise and whether the loss was actually foreseen or reasonably foreseeable), sustained by the participant competing in the JVL Challenge. JVL, its members, employees, designees, agents, affiliates, representatives and/or suppliers shall not be liable for any loss, damage (whether direct, indirect or consequential) or expense of any nature whatsoever which may be suffered as a result of or which may be attributable, directly or indirectly, to the use of or reliance upon the JVL or Challenge Website (including any information contained thereon) or elsewhere on the Internet.
The entrant and Personal trainer warrant and indemnify JVL and any of its associated parties from any injuries sustained before, during or after the challenge period.
Participants hereby indemnify and keep JVL indemnified from and against any loss or damage suffered or liability incurred including, without limitation, in respect of any claim or demand by any third party by reason of any act or omission on the part of the participant or that of any family member, agent or representative acting on his/her behalf in connection with this Challenge.
All scores and measurements of participants will be kept confidential and will not be disclosed. JVL will be the only interpreter of the Rules and may change it in the interest of the competition and/or whenever fairness so requires. All decisions made by JVL with regard to the participants and the announcement of the winners, are final and binding.
Failure to comply with any of the foregoing rules may result in disqualification.
These Rules are governed by the laws of the Republic of South Africa and constitute the whole agreement between the parties. If any alteration should be made to same, it will be published on the website and on challenge.jvl.co.za and will be deemed read by each contender within 24hours after it being published.
Any indulgence or extension of time granted by JVL shall not be construed as a waiver or variation of any of its rights or remedies.
The judges will be selected by JVL and may be in-house JVL members, staff or management.
Terms and conditions apply to certain of the prizes to be won and JVL reserves all rights to change the prizes during the course of this challenge.
Prizes cannot be transferred and will only be awarded once the JCL challenge has been completed.
Anyone who do not complete the challenge will not be able to re-enter at another stage.
Entrants will be judged within the following Categories:
§ Online entrant;
§ Individual entrant;
§ Entrant trained by a personal trainer and the personal trainer him-/ or herself.
Changes made to any of these rules, will be published on challenge.jvl.co.za and will be preserved to have been read by each contender within 24 hours after it being published.