THE SUPERCHARGE CHALLENGE TERMS
ACTIVATE CHANGE FZE, a Free Zone Company, including its respective representatives, affiliates, successors, licensees, and assigns, with a principal place of business at FUJAIRAH-CREATIVE TOWER, PO BOX 4422, FUJAIRAH, UAE, or as the context may require. (Henceforth be referred as ‘the Company’). The Company, under the Brand, “Absolute Champion” offers the opportunity for you to participate in the challenge: a 10-day Series / Challenge program only on the condition that by participating in this Series / Challenge, you agree and accept to be bound by the terms and conditions herein, which may be revised by the Company at its sole discretion from time to time, and you acknowledge that you have read and understood the terms and conditions set-out herein in relation to your entry into “The Supercharge Challenge” (the “Challenge”), a ten-day challenge run by the Company(Appendix-I). The Appendix I shall be treated as an integral part of this as if its contents are ad verbatim reproduced herein.
The “Challenge” means a 10-day Challenge called “The Supercharge Challenge” that will be broadcast live on Facebook, and created and/or improvised/modified/altered by the Company at its sole discretion from time to time, on physical, mental, emotional and/or spiritual empowerment of the participant/s and including but not limited to video content, visual aids, worksheets and homework and any and all additional material provided by the Company, which allows you to engage and create a community.
1. You hereby waive all privacy rights and/or any other rights, title and interest including but not limited to all the proprietary rights, copyrights, moral rights, trademark etc. of the content and/or any privacy expectations that you may have with respect to the use of the information and content furnished by you to the Company. The Company may use the information for sending out commercial information and/or for other commercial, publicity or promotional purposes on any platform of the Company including its website, social media accounts or any other platforms without any further consent, permission or any compensation.
2. The Challenge featuring you and your entries/ submissions (including copyright and all other intellectual property rights therein), shall become the sole and exclusive property of the Company. You agree to assign all such rights to the Company by executing such document as may be deemed fit and proper by the Company, and at such juncture as may be required by the Company.
3. The Company shall be entitled to use any material, information and content of the Challenge and disclose information in any manner it may chose, including for promotional, marketing and publicity purposes, without reference or compensation to you.
4. You hereby grant the irrevocable and perpetual right, without any claim of any nature, in favour of the Company to use the content/challenge and your name (including any nicknames), voice (actual or simulated), recordings, biographical material and likeness (actual or simulated), statements, photo (in whole or in part) and material (any all materials submitted by you to the Company including on the Facebook community, including but not limited to photographs, images, drawings, worksheets, graphics, posts, videos and any form of written and electronic communications) in connection with the content/Challenge (in whole or in part), including, without limitation, in any “behind-the-scenes” programming and interviews, cross promotions, and regardless of whether any of the foregoing are advertiser-supported, subscription, or otherwise; and in the advertising, marketing, publicity, promotion and exploitation of the content/Challenge and/or any of the foregoing, in whole or in part (including, without limitation, in connection with institutional advertising of the Company or other exhibitors) on any media/online platform in any manner whatsoever throughout the World, without limitation or restriction and without compensation, and additional notice or consent, in perpetuity. Provided that you are not portrayed as directly endorsing any actual product or service without your consent. In the event, you elect to promote a brand or product or provide any such opinion(s) in connection with the content/Challenge (and/or brands or products thereto, or any elements thereof), the Company will be entitled to use such opinion(s) without notice and without any further obligation to you.
5. The Challenge and all related intellectual property rights are the exclusive property of the Company. All right, title and interest in and to the Challenge, any modifications, translations, or derivatives thereof, even if not authorized, and all applicable rights in copyrights, trademarks and all intellectual property rights in the Challenge remain exclusively with the Company. The Challenge is valuable and proprietary and you agree to be bound by and observe the proprietary nature of the Challenge. The Challenge contains material that is protected by the intellectual property right. The Company may make changes to the Challenge at any time without notice. Except as otherwise expressly provided, the Company grants no express or implied right to you under copyrights, trademarks, or other intellectual property rights.
6. You hereby assign full copyrights of the Challenge featuring them to the Company with perpetual, irrevocable and unrestricted right to use reproduce and publish the same with or without caption in any mode, manner and medium whatsoever anywhere in the world.
7. You agree that each entry, including any and all information and/or materials submitted by you to the Company including on the Facebook community along with the entry, including but not limited to the submitted photographs, images, drawings, worksheets, graphics, posts, videos and any form of written and electronic communications (together the “Material”) shall be original and must not infringe or violate any law or the legal or equitable right of any person or entity, nor contain material that infringes or violates any personal property rights of others or that constitutes defamation, invasion of privacy, an infringement of the intellectual property rights of any third person, or is otherwise unlawful. In the case of any such infringement or violation by you, the Company shall not be liable in any manner whatsoever.
8. You confirm and agree that all the content, material and/or information provided by you for participating in the Challenge shall be used by the Company (including, but not limited to, on the Facebook community), for promotional and advertising purposes to promote the Company, its business, its products and services, in any media and in any manner whatsoever throughout the universe, without limitation or restriction and without compensation, any additional notice or consent, in perpetuity. You also waive absolutely any/all claims you may have related to defamation, libel, slander, invasion of privacy, right of publicity, trademark violation, copyright, moral rights, or any broadly equivalent rights anywhere in the universe, in the materials/contents/information (or, if it is not possible to waive your moral or equivalent rights in the jurisdiction in which you reside, your consent to the Company doing anything in documentation that would be authorized to waive the same in favour of the Company under applicable laws).
9. You have to register, accept the Terms and Conditions and join the Facebook Group Community, which Group will be created and ready on sign up.
10. You release and hold harmless the Company, its/their employees, owners, officers, directors, agents, affiliates, subsidiaries, parent or sister companies, suppliers, distributors, promoters, vendors, independent contractors or any other person from any and all liability or any injuries, losses, damages of any kind arising from or related to this Challenge or any prize won and in relation to any injury/damage/harm/loss suffered by you in any manner whatsoever, in connection with your participation in the Challenge and that you, shall also not file in person and/or through any family member and/or third party any applications, criminal and/or civil proceedings in any courts or forum against the Company, its/their employees, officers or any other person to claim any damages or reliefs or otherwise of any nature whatsoever. Entry into the Challenge constitutes acceptance of and compliance with these Terms.
11. The Company does not warrant that entry in, access to or use of the Challenge or the Challenge web site will be uninterrupted or error-free.
12. Except for any liability that cannot be excluded by law, the Company (including its officers, employees, and agents) is not responsible for, nor accept any liability for:
a. Any incorrect or inaccurate information, whether caused by you or otherwise;
b.Technical failures of any kind, including, but not limited to malfunctions, slow down, interruptions, or disconnections in phone networks or lines or computer online systems, servers, access providers, computer equipment, or hardware or software connected to or related to the Challenge or Challenge web site, howsoever caused;
c. Failure of any email or transmission to be received by the Company for any reason whatsoever;
d. Typographical or other errors in the offer or administration of this Challenge, including but not limited to errors in advertising, the Terms, the selection and announcement of the winner/s, or the distribution of the Prizes;
e.The conduct of the Company and other companies that are involved in delivering the prizes to the winners; or
f.Any combination thereof.
13. The Company reserves the right, without any liability to you, to interpret these terms and, if necessary, to amend these terms at any time or cancel, terminate, modify (including without limitation, modifying the Prizes), or suspend the Challenge for any reason whatsoever, including, but not limited to if an event beyond the reasonable control of Company affects the proper conduct or administration of the Challenge or prevents the awarding of the Prizes in accordance with these Terms. The Company’s interpretation of these Terms are final and at the sole discretion of the Company.
14. The Company reserves the right to modify, cancel, extend and/or discontinue the Challenge or any part thereof without assigning any reason or notice.
15. In the event Company is prevented from continuing with this Challenge or from awarding any Prizes after the potential winners have been selected, and/or the feasibility of the Challenge (or awarded Prize) is undermined by any event including, but not limited to, fire, flood, epidemic or pandemic, earthquake, act of God, war or civil disturbance, terrorist threat or activity, or any other cause not reasonably within the Company’s control, then the Company shall have the right, in its sole discretion, to abbreviate, modify, cancel or otherwise terminate the Challenge or the Prize without further obligation. You agree that the Company shall not be responsible in any manner whatsoever in the event the Challenge is delayed, rescheduled, cancelled or annulled for any reason whatsoever.
16. Any dispute, controversy, or claim arising out of, relating to, or in connection with this understanding, including with respect to the formation, applicability, breach, termination, validity or enforceability thereof, shall be finally settled by arbitration. The arbitration shall be conducted by a single arbitrator to be nominated by the Company. The seat of the arbitration shall be in Mumbai, India, and it shall be conducted in English language. The arbitration award shall be final and binding on the parties. The parties undertake to carry out any award without delay and waive their right to any form of recourse based on grounds other than those contained in the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards insofar as such waiver can validly be made. Judgment upon the award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets.
17. In the event of any dispute not being capable of resolution under the above clause, then any suit, action or proceeding arising out of this understanding or on any matter arising out of or in connection therewith, this understanding shall be subject to the exclusive jurisdiction of competent court/s in Mumbai, India, and each of the parties hereby consents to the jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding and irrevocably waives, to the fullest extent permitted by law, any objection which it may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding which is brought in any such court has been brought in an inconvenient forum. Process in any such suit, action or proceeding may be served on any Party anywhere in the world, whether within or without the jurisdiction of any such court. Without limiting the foregoing, each Party agrees that service of process on such Party on Email and/or Post/Courier shall be deemed effective service of process on such Party.
18. Any attempt to deliberately damage any website affiliated with this Challenge, or otherwise undermine the legitimate operation of this Challenge is a violation of criminal and civil laws, and if such attempt is be made, the Company reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Challenge or to be acting in violation of these Terms or in an unsportsmanlike, immoral, or disruptive manner, as well as seek damages or any other remedy available to it by law to the fullest extent permitted by law.
19. These Terms set out the entire agreement and understanding between the Company and you with respect to the subject matter herein.
20. It is expressly made clear to you and you have understood that the acceptance of the Challenge would deem to be valid for a participant who has attained majority. In case of a participant being a minor as per the laws applicable to him/her, such participant will have to procure consent of his/her legal guardian as recognised under the law applicable in respect to such participant.
‘APPENDIX I’
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A 10-day challenge titled as ‘The Supercharge Challenge’ will commence from Thursday 10th September 2020 till Saturday 19th September 2020 at 1.00pm GMT (Greenwich Mean Time) / 2.00pm BST (British Summer Time) / 6.30pm IST (Indian Standard Time) every day. It will be broadcast live on Facebook.
2. The Challenge will be in two phases.
Phase I
Each day during the Challenge, the Participant shall compete for daily prizes. More details about the Daily Competitions, including how to participate, the prizes, and the judging criteria are stated herein under.
Phase II
The Participant shall have an opportunity to earn the Grand Prize. More details about Phase 2, including how to participate, the prizes, and the judging criteria are also stated herein under.
3. The Participant hereby joins the “The Supercharge Challenge” Community Facebook Group, in order to participate and win daily and/or grand prizes https://www.facebook.com/groups/2743596192583783/?ref=share)
4. Advice, tools and techniques will be provided to assist the participant/s to charge him/herself physically, mentally, emotionally and spiritually.
5. There are two groups of participants –
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Free access
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VIP Paid Access (VIP will pay for access and whereby they will be given access to the Free Live Q and A with Anand and other experts, access to all recordings lifelong for a onetime fee to be decided at the sole discretion of the Company, and other benefits).
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6. Eligibility Criteria –
(i) The Participant must, prior to or during the Challenge Period, join the Supercharge Challenge at the following URL and fill out all the required fields:
(ii) The Participant shall limit his entry to ‘one Email Id’ for the duration of the Challenge period. Entries received from any person or email address in excess of the stated limitation will be void.
(iii) In case of a participant being a minor as per the laws applicable to him/her, such participant will have to procure consent of his/her legal guardian as recognised under the law applicable in respect to such participant.
7. Winning Criteria-
(i) The Challenge is a game of skill based on, but not limited to creativity, originality, ability to inspire others and dedication in fully participating in the Challenge. The likelihood of winning will depend on the quality of other entries as judged in the Challenge, and chance does not play a part in determining the winning entries. All winners are selected based on these Terms and the merits of the quality of their entries as reviewed and determined solely by the Company. All decisions by the Company are in its sole discretion and are final.
(ii) It is your responsibility to ensure that your contact information is up to date and maintained throughout the Challenge. If you are judged to be a potential winner and cannot be reached for notification due to you not providing accurate contact information, you will be dropped as the potential winner with the next highest judged competitor taking your place, without any liability to the Company.
8. How to Participate –Phase I
(i) You participate in Phase 1 of the Challenge by participating in a series of daily assignments, exercises and activities each designated to engage you in the Challenge.
(ii) The Challenge consists of nine days’ worth of assignments and activities for you to complete and engage. Each assignment is designated to a particular day (Day 1, Day 2… up through Day
Therefore, you should return each subsequent day to receive and complete the assignment designated for that day. There is a 10-day period from the day the Challenge begins. In the event you miss a particular day’s exercises/activities you will be able to complete exercises/activities for subsequent days.
9. How to Participate –Phase II
(i) Phase 2 will be determined by the Company after the completion of nine days of the Competition, based on cumulative completion of the Daily assignments and the dedication and participation throughout the entirety of the Competition, using the same criteria as provided above.
10. The manner of handing over the Prize to the Participant(s) shall be solely decided by the Company. The Company assumes no responsibility for non-receipt of the Prize by the Participant(s) or for any damage, loss, injury or disappointment suffered by any participant entering the Challengeor as a result of accepting any Prize.
11. The Participant(s) agrees that the Company shall not be responsible in any manner whatsoever in the event the Challenge is delayed, rescheduled, cancelled or annulled for any reason whatsoever.
12. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line-failure, theft or destruction or unauthorized access to, or alteration of entries and disclosed Information. The Company shall not be responsible for any problems or technical malfunction of any network or lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by the Company or to be sent by the Company whether caused by computer, servers, telephone, cable or satellites, human error, programming, equipment or otherwise or on account of any technical problems or traffic congestion on the Internet or at any web site, or any combination of them, including any injury or damage to any participant’s or any other person's computer related to or resulting from participation in the Challenge.
13. Proof of submission or sending the submission is not proof of receipt by the Company. Incomplete, late or any entries that do not completely follow the directions as provided for the Prizes during the Challenge will not be eligible to win any of the Daily Prizes or the Grand Prize. Entries must be in the required format and include all required information for the Challenge, for entry to be valid. Entries will be rejected if they are not fulfilling any of these requirements and are not timely submitted during the Prize Period. The Company shall have the right to disqualify and delete any entries that they deem to be obscene or otherwise not in good taste, as determined by the Company in its sole discretion.
14. For both Phase 1 and Phase 2 prizes, the prizes must be accepted by the winners as awarded, and cannot be substituted, transferred, exchanged, or surrendered for cash, except at the sole and absolute discretion of Company. In the event the circumstances mentioned in Para 10 of the Agreement, in event of any such occurrence as immediately described therein, the Company shall have the right, but not the obligation, to award prizes from eligible entries received until such event or occurrence, or to award other comparable prizes to the Participant selected by the Company. In the event that the Prizes, or any part of them, become unavailable beyond the control of the Company, then the Company reserves the right, but not the obligation, to award other substitute comparable prizes to the winners if the winners have already been selected. Any applicable taxes on the Prizes, and any other costs not expressly included in the description of the Prizes are the sole responsibility of the winner. For example, the Phase 2 winners also will be responsible for paying income taxes, any sales tax, transportation, and other charges related to accepting the Grand Prizes. Participation in the Prize is subject to the Terms of the Company, and any other service providers or prize suppliers associated with the Challenge. Additionally, any and all winners and guests (where applicable) agree to cooperate with the Company as requested for any advertising or promotional purposes, without any additional compensation.
15. The Participant shall ensure that his/her contact information is up to date and maintained throughout the Challenge.
16. This Challenge, hosted by the Company is in no way sponsored, endorsed, administered by, or associated with Facebook, or any of its affiliates or subsidiaries. This Challenge is void where prohibited