2016 GOJI MADNESS TOURNAMENT OFFICIAL RULES

 

1. Overview. The 2016 Goji Madness Tournament (“Goji Madness”, “Tournament” or “Contest”) offers familiar and fun mechanics to encourage our users to stay active and competitive. The Tournament is a skills- based contest. The Goji Madness Tournament is broken into two major phases, a Qualifying Round and six Elimination Rounds, with the top four contestants competing live in New York City for the semi-final and final rounds.

 

2. Basic eligibility. The Tournament is open only to legal residents of the fifty United States or the District of Columbia, who are eighteen (18) or older at the time of entry. The following are not eligible for the Tournament: (i) employees, officers, directors, stockholders and legal affiliates of Blue Goji LLC.; and (ii) the immediate family (spouse, parents, siblings and children) and household members of any person described in (i). The Tournament is subject to all federal, state and local laws and regulations and is void where prohibited by law.

 

3. Sponsor. Blue Goji LLC. ("Blue Goji"), 4201 S. Congress Ave, Suite 323, Austin, TX 78745.

Co-Sponsor. Onlife Health, Inc., 9020 Overlook Blvd, Suite 300, Brentwood, TN 37027. Sponsor reserves the right to add additional Co-Sponsors to this Tournament, at which point, these Official Rules will be updated.

 

4. Agreement to Official Rules. Participation in the Tournament constitutes your full and unconditional agreement to these Official Rules and the decisions of Sponsor, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein in a timely manner.

 

5. Tournament Period. The Tournament begins on February 1, 2016 at 12:01 AM CENTRAL TIME and ends on or about June 19, 2016 at 5:00 PM CENTRAL TIME (or until completion of the Tournament, subject to change by the Sponsor) (the “Tournament Period”), and is broken into two major phases: (a) the “Qualifying Round” and the (b) the “Elimination Rounds”. For purposes of these Official Rules, all times are Central Time ("CT").

  1. Qualifying Round. The Qualifying Round begins on February 1, 2016 at 12:01 AM CT and ends on April 30, 2016 at 11:59 PM CT..

  2. Elimination Rounds. The Elimination Rounds are scheduled to begin on May 9, 2016 at 12:01 AM CT (subject to change by the Sponsor) and ends on or about June 19, 2016 at 5:00 PM CT (or until completion of the Tournament, subject to change by the Sponsor).

Entries must be received prior to the end of the Qualifying Round of the Tournament (i.e., April 30, 2016); later entries will be disqualified.

 

6. Entry/RegistrationTo enter, you must register by joining one of the four Goji Madness Tournament communities – Active Central, BMI Camp, Seniors Rock, and Veteran Honors (defined below) within our GojiVerse platform. Registration is free.

  1. Not yet a GojiVerse User. First, download our free GojiVerse app (available in the Apple iTunes Store and the Google Play Store) and proceed with registration as a GojiVerse user. Once you have registered as a GojiVerse user, please follow the directions in the next section “Already a GojiVerse User.”

  2. Already a GojiVerse User. If you are a GojiVerse User, then click onto the Goji Madness star on the main GojiVerse page, and you will be taken to a new page containing four Community stars, one representing each of the Tournament groups: Active Central, BMI Camp, Seniors Rock, and Veteran Honors. Select the Community you wish to join (see “Goji Madness Community Groups” below for eligibility requirements.) You may only join one Community, even if you qualify for more than one. You will compete within that Community throughout the Tournament (until the Final Four). Once you are in a Community, you may not switch to another Community.

  3. Goji Madness Community Groups. When you enter, you must select and join one of the four Goji Madness Communities – Active Central, BMI Camp, Seniors Rock, and Veteran Honors – within which you will compete throughout the Tournament. You may only join a category for which you are eligible. Eligibility requirements for each Community are as follows:

    1. BMI Camp – You must have a Body Mass Index (“BMI”) of 28 or higher at some point during the Qualifying Round. BMI is defined as the ratio of a person's weight in kilograms divided by the square of height in meters. To verify your BMI, you will be required to provide satisfactory proof of your height (e.g., driver’s license) and your weight (e.g., picture of you on a scale with the scale weight with proof of current date) at some point in time between the start of the Qualifying Round (or your registration date if earlier) and the end of the Qualifying Round before you advance to the Elimination Rounds.

    2. Seniors Rock – You must be age 60 years or older as of your registration date. You will be required to provide a photocopy of a valid driver’s license, passport, valid state ID card or other satisfactory proof of age before you advance to the Elimination Rounds.

    3. Veteran Honors – You must provide satisfactory proof that you are a veteran of the U.S. armed services before you advance to the Elimination Rounds.

    4. Active Central – All eligible contestants may join this Community.

    You may only join one Community, even if you qualify for more than one. You will compete within that Community throughout the Tournament (until the Final Four). Once you are in a Community, you may not switch to another Community. All contestants will be required to provide satisfactory proof of age (18 or older as of your registration date) and U.S. residency before advancing to the Elimination Rounds. The Sponsor will be the final determinant of whether any form of proof is satisfactory.

  4. User Names and Password. You are responsible for the secrecy of your User Names and Password. Sponsor, Co-Sponsors and other third parties are not responsible or liable for any actions taken using your User Name or Password.

 

7. How to Play.

  1. Overview. The Goji Madness Tournament offers familiar and fun mechanics to encourage our users to stay active and competitive. As mentioned above, the Tournament is broken into two major phases: a three month Qualifying Round during which the top 16 qualifiers in the four Communities will advance to the second phase of six Elimination Rounds where these qualifiers compete in head-to-head elimination battles. Contestants will compete within their respective Community throughout the Tournament until the final four remaining contestants meet in the semi-final and final rounds.

  2. Scoring with Goji Coins (or “GoCoins”). The primary measure of contestants’ score will be the number of Goji Coins (or “GoCoins”) earned by contestants by doing certain Blue Goji incentivized activities. One (1) GoCoin is earned for:

    • One (1) minute of exercise using Goji Play controllers to play on the Goji Play app,

    • One (1) minute of meditation using GojiTate (when it becomes available

      later in February 2016), or

    • Two (2) minutes of the incentivized activities listed below using GojiGo. GojiGo activities not listed will not qualify for the Tournament. Your activity level must exceed minimum thresholds to be counted (e.g., speed, step count, etc.).

      • Walking (only valid for BMI Camp and Seniors Rock Communities)

      • Running

      • Cycling

      • Elliptical

      • Stationary Bike/Bike Trainer

      • Treadmill
      • Stepper

    Contestants can earn up to a maximum of 60 GoCoins per day. During the Elimination Rounds, in addition to GoCoin earnings as described in this section, other scoring measures will be added (as described below). Contestants must have at least 10 GoCoin earnings in order to advance past the Qualifying Round.

  3. Qualifying Round. The top 16 GoCoin earners with at least 10 GoCoins in each of the four Community groups will advance to the Round-of-64. A contestant’s Qualifying Round score will equal the total GoCoins earned during her/his top 30 days of GoCoin earnings. Contestants can earn up to a maximum of 60 GoCoins per day.

    1. Tiebreakers. In the event of ties at the end of the Qualifying Round, the following tie-breakers will be applied in this order: 1) the total GoCoins earned using Goji Play during the entire Qualifying Round; 2) the total Goji Play time recorded during the Qualifying Round; and 3) the total Goji Play activity and GojiTate session time recorded during the Qualifying Round.

    2. Qualifying Round Winners: The 64 potential winners of the Qualifying Round and 400 potential consolation prize winners will be notified via their registration email on or about May 2, 2016.

      1. Proof and Affidavit of Eligibility/Liability Release: All 64 Qualifying Round qualifiers and consolation prize candidates must complete, sign and return an Affidavit of Eligibility, a Liability Release, and, except where prohibited, a Publicity Release and provide proof of eligibility before advancing into the Elimination Rounds or receiving any prize. In addition to proof of residency and age of 18 or older, the top 16 qualifiers from the BMI Camp, Seniors Rock, and Veteran Honor Communities must provide satisfactory proof of eligibility for their respective Community. Anyone failing to provide the applicable proof of eligibility and required forms by 5 PM CT on May 6, 2016 (or other date specified in the notification email) will be disqualified from the Tournament and will not be awarded any prize. Instead, an alternate contestant meeting the eligibility requirements will be awarded the relevant prize and, if applicable, be chosen to proceed into the Elimination Rounds in place of the disqualified contestant.

      2. Elimination Round Ranking. Each of the 16 Qualifying Round winners within each of the four Communities will be seeded 1 to 16 based upon her/his performance during the Qualifying Round (using the same GoCoin and Tiebreaker rules described above).

      3. Consolation Prize Winners: The top 100 contestants who have earned at least 100 GoCoins in each Community who do not advance to the Elimination Rounds (i.e., those contestants that place 17 to 116 of each Community) will be eligible to receive the Consolation Prize indicated below.

  4. Elimination Rounds.

    1. Round-of-64 through Round-of-8 Seeding. During each Elimination Round, each contestant will compete head-to-head against another contestant in the same Community, with the top seed of the Community playing against the lowest seed of that same Community, the next highest seed playing against the next lowest seed, and so on. For example, in the Round-of-64, the #1 seed of Seniors Rock will play against the #16 seed of Seniors Rock, #2 of Seniors Rock will play #15 of Seniors Rock, #3 will play #14, #4 will play #13, #5 will play #12, #6 will play #11, #7 will play #10 and #8 will play #9. The 32 winners of the Round-of-64 will then advance to compete in the Round-of-32, again with the highest and the lowest seed within the same Community competing, the 2nd highest seed playing against the 2nd lowest seed, and so on.

    2. Elimination Round Scoring: Each head-to-head competition will consist of three (3) Goji Play session battles. Each contestant will be given the same Goji Play game Moment session, and will compete head-to-head. The scoring rules for each of these sessions will be provided to the contestants prior to each battle. Each session win will be counted as one battle win. The contestant with two (2) or more battle wins will win the Round and advance to the next Round.

    3. Semi-Finals and Finals. The top 4 contestants will be invited to New York City in mid-June, where they will compete head-to-head against one another at the live semi-final and final rounds at a venue to be selected.

      1. Scoring. As with the earlier Elimination Rounds, the final four contestants will compete in battles of Blue Goji game and/or app sessions with the games/apps and scoring to be provided to these contestants prior to the commencement of the round .

      2. Seeding. Seeding for the semi-final round will be based upon each contestant’s  performance during the prior Elimination Rounds. In the event of ties, we will look at the tied contestants’ Qualifying Round performance, using the Qualifying Round tiebreaker rules in the event of further ties.

      3. Travel Condition. Each of the top 4 contestants must be able to travel to New York City for the live semi-final and final rounds to be held in mid- June. If any contestant is unable to attend and compete at the live events, then that contestant will be disqualified from the sem-finals and finals (and not be eligible for any of the semi-final or final round prizes) and the next highest qualifier will be chosen from the same Community.

  5. No Assistance; Your Tournament Images; Camera. All Tournament activities must be performed by you and only you, without aid or assistance by any other person, device or mechanism. You agree that we may and will use the built-in camera of your mobile device to verify your proper participation and compliance with Tournament rules. You agree that Sponsor and Co-Sponsors may and will take videos, photos or other images (collectively “Tournament Images”) of you while you are participating in the Tournament, that your Tournament Images are the property of Sponsor and Co-Sponsors, and that we may use your Tournament Images to verify your compliance with Tournament rules, and we may use and publicize your Tournament Images for publicity and promotional purposes. You agree that Sponsor, through its apps, may use the camera of your mobile device to capture your Tournament Images and other Tournament related activities. You understand and agree that should you disable camera access, then we will not be able to verify your compliance with Tournament rules and as a result, you may be disqualified and eliminated from the Tournament. (See also “Publicity” below.)

 

8. Prizes. Prizes will be awarded to each of the eligible winners of the Qualifying Round and each of the Elimination Rounds, as well as the top 100 contestants in each Community during the Qualifying Round who do not advance to the Elimination Rounds, as follows (all currency in U.S. Dollars):

  • 1 Grand Prize Winner – a brand new car. Each contestant will be able to vote on one of three car choices, and the car receiving the most votes will be the Grand Prize. Approximate retail value (“ARV”) of $30,000.

  • 2 Semi-final Round Winners (i.e., the Finalists) – a new Bowflex Max Trainer M5 (ARV of $1599)

  • 4 Round-of-8 Winners (i.e., the Semi-Final contestants) – Expense paid trip to New York City for attendance at the semi-final live rounds. Prize consists of round-trip economy class air transportation for the winner from a major airport closest to the Final Four contestant’s place of residence to a New York City metro area airport, four nights hotel accommodation in New York City and $500 gift card. (ARV of $3,500)

    • Each of the semi-final contestants must be able to travel to New York City for the live semi-final and final Rounds to be held in mid-June. If any contestant is unable to travel and compete at the live events, then that contestant will be disqualified from the semi-final and final rounds (and will not be eligible for any of the semi-final and final prizes, including the trip to New York City) and the next highest qualifier will be chosen to advance in the Tournament.
  • 8 Round-of-16 Winners – a new Sony A6000 Camera w/ lens (ARV of $698)

  • 16 Round-of-32 Winners – a new AppleWatch (ARV of $349)

  • 32 Round-of-64 Winners – a new GoPro HERO+ (ARV of $299)

  • 64 Qualifying Round Winners – a new Goji Play Generation 2 Limited Edition unit (ARV $139)

  • 400 Consolation Prize Winners – a new Goji Play Generation 2 unit (ARV $119), to be awarded to the top 100 eligible contestants in each Community who do not advance into the Elimination Rounds.

Sponsor reserves the right to substitute a prize with one of comparable or greater value. No cash or other prize substitution, assignment or transfer of prizes permitted, except at Sponsor's sole discretion. Gift Cards and other prizes are not redeemable or exchangeable for cash. Other restrictions may apply. Each winner agrees that all prizes are provided “as-is” without any warranty, representation, or guarantee, express or implied, in fact or in law, whether now known or hereinafter enacted, relative to the use or enjoyment of the prize, including, without limitation, its quality, merchantability, or fitness for a particular purpose. ALL FEDERAL, STATE AND LOCAL TAXES AND ALL OTHER EXPENSES NOT SPECIFICALLY MENTIONED HEREIN ARE THE RESPONSIBILITY SOLELY OF EACH WINNER.

The makers of the above listed prizes (other than Goji Play) are not sponsors of the Tournament and are not, in any way, affiliated with the Tournament.

Each potential winner will be required to complete, sign and return, on a timely basis, an Affidavit of Eligibility, a Liability Release, and, except where prohibited, a Publicity Release and must provide proof of eligibility before receiving any prizes. If a potential winner fails to provide the applicable documents within the required time period, or if Sponsor determines in its sole discretion that the potential winner is ineligible, then that contestant will be disqualified from the Tournament and will not be awarded any prize and an alternate contestant will be selected in his/her place. Winners may be required to provide social security number for tax reporting purposes. (See “Proof and Affidavit of Eligibility/Liability Release” above.)

 

9. General Conditions. In the event that the operation, security or administration of the Tournament is impaired in any way for any reason, Sponsor may, in its sole discretion, suspend, modify and/or cancel the Tournament. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the operation of the Tournament or to be acting in violation of these Official Rules or in a disruptive manner. Any attempt by any person to undermine the operation of the Tournament may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. If any provision of these Official Rules is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.

 

10. Health Disclaimer.. Please consult your physician and obtain his/her approval before beginning any exercise program, including participation in the Tournament. The Sponsor and Co-Sponsors assume no responsibility for personal injury or property damage sustained as a result of participation in the Tournament. The advice given on www.bluegoji.com, Blue Goji’s published games, and the Goji Play, GojiTate, GojiGo or other Blue Goji app are in no way intended to be a substitute for professional medical advice. Discontinue any exercise (including participation in the Tournament or use of Goji Play) that causes you pain, severe discomfort, nausea, dizziness, or shortness of breath and consult a medical expert..

Don’t overexert yourself.. Gameplay with Goji Play or participation in the Tournament may require varying amounts of physical activity. Consult a doctor before using Goji Play or participating in the Tournament if you have any medical condition or issue that affects your ability to safely perform physical activities, or if:

  • You are or may be pregnant.

  • You have heart, respiratory, back, joint, or other orthopedic conditions.

  • You have high blood pressure.

  • You have difficulty with physical exercise.

  • You have been instructed to restrict physical activity.

 

Do not play under the influence of drugs or alcohol, and make sure your balance and physical abilities are sufficient for any movements while Goji Playing.

 

11. Release and Limitation of Liability. By entering in the Tournament, you agree to release and hold harmless Sponsor and Co-Sponsors, and their respective parent and related companies, and each such company’s respective officers, directors, employees, and agents (collectively, the “Released Parties”) from and against any claim or cause of action arising out of participation in the Tournament or receipt or use of any prize, including, but not limited to: (a) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from your participation in the Tournament or receipt or use of any prize; (b) unauthorized human intervention in the Tournament; (c) technical or printing errors; (d) lost, late, postage-due, misdirected or undeliverable mail or email; or (e) errors in the administration of the Tournament or the processing of entries. The Released Parties do not make any representation, warranty or guarantee, express or implied, relating to the Tournament or prizes. You further agree that in any cause of action, the Released Parties’ liability will be limited to the actual out-of-pocket costs incurred in participating in the Tournament, and in no event shall the Released Parties be liable for attorneys’ fees.

 

12. Publicity. By entering this Tournament, except where prohibited by law, each entrant grants the Sponsor and each Co-Sponsor the irrevocable, sublicensable, absolute right and permission to use, publish, post or display his or her name, photograph, likeness, voice, video, prize information, biographical information, GojiVerse identities, Tournament Images, Tournament performance and other Tournament related information, any quotes attributable to him or her and any other indicia of persona and other (regardless of whether altered, changed, modified, edited, used alone, or used with other material in the Sponsor’s or Co-Sponsors’ sole discretion) (collectively, “Personal Tournament Information”) for advertising, trade, promotional and publicity purposes without further obligation or compensation of any kind to him or her, anywhere, in any medium now known or hereafter discovered or devised (including, without limitation, on the Internet), world-wide, without any limitation of time and without notice, review or approval and each entrant releases all Releasees from any and all liability related thereto. Without limiting the foregoing, the Personal Tournament Information of each winner of the each Round (whether Qualifying, Elimination, Final Four or Final Rounds), will be announced, and will be disclosed and made public for publicity and promotional purposes. Nothing contained in these Official Rules obligate Sponsor or any Co-Sponsor to make use of any of the rights granted herein and each entrant waives any right to inspect or approve any such use.

 

12. GojiVerse Terms of Service and Privacy Policy. As a GojiVerse User, each entrant will be subject to our general Terms of Services and Privacy Policy. To the extent any of those terms conflict with these Official Rules (such as the sections entitled “No Assistance; Your Tournament Images; Camera” and “Publicity” above), then these Official Rules will prevail.

 

13. Disputes/Choice of Law. Except where prohibited, each contestant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with the Tournament or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in Travis County, Texas; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys' fees; and (3) no punitive, incidental, special, consequential or other damages, including without limitation lost profits may be awarded (collectively, "Special Damages"), and (4) contestant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. All issues and questions concerning these Official Rules, your rights and obligations, or Sponsor’ rights and obligations shall be governed by the laws of the State of Texas, without giving effect to any choice of law or conflict of law rules.

 

14. Winners List. We will post the winners of each Round at www.bluegoji.com/gojimadness. This list will remain available until July 31, 2016.

 

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