The ProForm Activator Challenge - Contest Rules

The 2008 ProForm Activator Challenge (PFAC) is a contest where participants use the ProForm V7 or V5 Activator to make both inner and outer body transformations. The 2008 PFAC will be conducted exclusively through the ProForm.com and ProFormActivator.com websites. The PFAC will be conducted in the United States and only residents of the United States are eligible to compete for the prizes.

Eligibility

Each ProForm V7 or V5 Activator purchase from the ProForm.com or ProFormActivator.com website qualifies two entries into the 2008 PFAC. Purchases of the ProForm V7 or V5 Activator at retail stores or other online internet commerce sites are not considered qualifying purchases. Participants must be 18 years of age or older before beginning the PFAC and must be residents of the United States. The PFAC is subject to all applicable federal and state laws and is void in all states where skill contests requiring proof of purchases are prohibited. Specifically, the PFAC is void in Rhode Island, New York, Florida, Maryland and Arizona. Employees of ICON Health & Fitness, Inc. and its affiliated companies, along with their immediate family members, may participate but are not eligible to win. All winners are required to sign an affidavit of eligibility and may subject to drug and polygraph testing. Participants may not use anabolic steroids or any performance enhancing drugs or medication unless prescribed by a physician to treat an existing medical condition. Participants may not have body-altering surgery of any kind (i.e. Liposuction, Gastric Surgery). Each participant assumes all risk of injury, harm or loss of any kind of arising from participation in the PFAC. Consult with your physician or health care provider before starting any new fitness program. Participants in the 2008 PFAC expressly release ICON Health & Fitness, Inc., its affiliated companies, and the directors, officers, and employees of any of them from all risk, loss, injury, damage or harm that may arise from participation in the PFAC. If any winner is under the age of 21, ICON Health & Fitness, Inc. reserves the right to require the signature of a parent or guardian on any documents.

Timelines and Deadlines

To be eligible for the 2008 PFAC, qualifying purchases must be made between the dates of 7/15/08 and 8/15/08. Each PFAC participant must workout on the V7 or V5 Activator for a minimum of 8 weeks. The PFAC deadline to send your success story results is 11/7/08. Your success story must include before and after pictures, statistics explaining your body transformation (i.e. Inches Lost, Pounds Lost), and an essay explaining your inner body transformation. Completed entries must be postmarked by USPS or an express courier (FedEx, UPS, etc.). Participants are responsible for all postage charges. Incomplete entries will be disqualified. PFAC will not be responsible for mail delays, misplaced or lost entries. All information and materials submitted along with your official 2008 PFAC entry form become the sole and exclusive property of ICON Health & Fitness, Inc.

How Winner Will Be Selected

The PFAC staff will select winners from all qualifying entries received. Winners will be selected based on the quality of the participants inner and outer body transformations as recorded in there success stories and before and after photos. All winners will be chosen at the sole discretion of the PFAC staff. The odds of winning depend on the number of entrants received. Contest results are final and not subject to dispute or appeal of contest. If no completed official entries are received from ProForm.com or ProFormActivator.com, no winners will be selected. All winners will be decided by 11/14/08. Winners who cannot be reached by 11/19/08 will be disqualified and a new winner will be chosen. Winners may be asked to become exclusive endorsers of ProForm and its related products. ProForm reserves the right to revoke “winner” status for any reason which might adversely reflect on the company. A list of winners will be available at ProForm.com and ProFormActivator.com by 11/26/08.

Prizes

The PFAC Grand Prize winner will receive two round trip flights from anywhere in the continental United States to Maui Hawaii, plus an 8 night stay at the Westin Kaanapali Ocean Resort Villas for the dates of 12/28/08 – 01/04/09. The second place winner will receive an 8 night stay at Westin Kaanapali Ocean Resort Villas from 12/28/08 – 01/04/09. Room service, transportation, phone charges, parking, meals, gratuity, etc. are the sole responsibility of the winner. Travel provider regulations and conditions may apply. All winners are responsible for all applicable taxes.

Additional Rules and Regulations

Submission of your completed entry for in the 2008 PFAC constitutes your express consent and permission for ICON health & Fitness, Inc. and any of its affiliated companies, to use your name, image and written responses (in whole or in part) for promotional and advertising purpose in any medial and manner whatsoever, without limitation or restriction. Submission of your completed entry form in the 2008 PFAC shall be deemed your acceptance of these rules and regulations (as may be amended) and your voluntary transfer to ICON Health & Fitness, Inc. of all right, title and interest, including copyright of your image and written responses. ICON Health & Fitness, Inc. reserves the right to interpret these rules and regulations and if necessary, to amend the rules and regulations at its sole discretion and without notice to individual participants. All federal, state, and local taxes are the sole responsibility of winner. Any amendments to these rules or changes in prizes will be published at www.proform.com and www.proformactivator.com. Rule interpretations and all judging decisions are final. PFAC participants must notify ICON Health & Fitness, Inc. of any change of address or phone number. ICON Health & Fitness, Inc. reserves the right to substitute prize of equal or greater value or to substitute the cash equivalent of the prize at its sole discretion. Limit one prize per person. No substitution or transfer of prize permitted.

Arbitration and Choice of Law

Except where prohibited by law, as a condition of participating in this contest, participant agrees that (1) any and all disputes and causes of action arising out of or connected with this contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by a sole arbitrator in a binding, non-reviewable and nonappealable proceeding conducted in accordance with the Non-Administered Arbitration Rules of the International Institute for Conflict Prevention & Resolution, 575 Lexington Ave., 21st Floor, New York, NY 10022, (2) any such proceeding shall be held in Chicago, IL and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than participant’s actual out-of-pocket expenses (i.e., costs associated with entering this contest), and participant further waives all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participants and ProForm, Int. in connection with this contest, shall be governed by, and construed in accordance with, the substantive laws of the State of Illinois, USA without regard to Illinois choice of law rules.