The Ten Percent Challenge Official Summary & Rules
These TEN PERCENT CHALLENGE SUMMARY & OFFICIAL RULES, last updated on January 2, 2013, are made a part of the HEALTHYWAGE SERVICES AGREEMENT by and between HealthyWage and Participant.
Ten Percent Challenge Summary
- Get paid to lose weight
- You must get two weight verifications:
- Get your Verified Weigh-in after you register (your six month challenge period starts on the day you get verified), and
- Get your Verified Weigh-out within two weeks before, or on, your Victory Date (which is six months after your Verified Weigh-in).
I. Your Agreement with HealthyWage
These TEN PERCENT CHALLENGE RULES, last updated on January 2, 2013, are made a part of the HEALTHYWAGE SERVICES AGREEMENT by and between HealtlhyWage LLC (“HealthyWage”) and you, the participant. By participating in a HealthyWage Ten Percent Challenge, you agree to these Ten Percent Challenge Rules and to the HealthyWage Services Agreement. Your participation in the HealthyWage Ten Percent Challenge (as defined herein) and related programs is governed by this agreement (the “Ten Percent Challenge Rules”), together with the HealthyWage Services Agreement and any other agreements into which you've entered with HealthyWage. "We," "us," and "our" mean HealthyWage and its affiliates (including subsidiaries, etc.). "You," "Your," Participant and User mean you the participant, i.e., the party signing up for the Ten Percent Challenge and agreeing (as a prerequisite for signing up for the Ten Percent Challenge) to these Ten Percent Challenge Rules. The "Ten Percent Challenge," the “Challenge,” and variations on these words all refer to the Ten Percent Challenge described herein. You covenant and agree to abide by additional posted guidelines or rules applicable to certain content, services, or other items and information available through HealthyWage (which are hereby incorporated by reference), and to abide by any changes to the rules that HealthyWage may make from time to time.
II. Email Communication
HealthyWage uses email to communicate instructions and information about the Ten Percent Challenge. By choosing to participate, you give your permission for HealthyWage to send occasional emails to your account during the Ten Percent Challenge. We will never share your email address with any third party.
III. Liability Waiver
User understands that there are certain dangers inherent to any wellness program, including a weight loss plan, and User agrees to assume all risks and promises to hold harmless and not to sue HealthyWage or any of its affiliates, owners, directors, employees or partners for any claim, loss or liability that User may have arising out of the User’s use of or association with HealthyWage or the Ten Percent Challenge. By participating, User acknowledges that he/she has permission from his/her doctor to participate and has determined, along with his/her doctor, that he/she is capable of participating in and completing the Ten Percent Challenge without compromising User’s health.
IV. Refunds
There are absolutely no refunds.
V. Sour Grapes Clause
Note to participants: We wanted to explain the Sour Grapes Clause. We rarely disqualify participants, and it has happened for only two reasons: (1) fraud/cheating/unfair conduct and (2) very rarely, for not submitting weigh-ins. We sometimes find ourselves threatened by folks who have cheated. They sometimes say things like, "pay me or I will cause a social media raucous." The Sour Grapes Clause is designed to prevent that. We do not and will not use the Sour Grapes Clause for any other purpose. Please do not take offense to it---it does not and will not apply to 99% of our participants. We view you as an important customer; we take our relationship with you very seriously; and we value your patronage.
You covenant and agree that HealthyWage acts as a fair referee for the Ten Percent Challenge. Nonetheless, participants that lose a HealthyWage challenge or get disqualified (for violating the rules) sometimes feel very upset (i.e., they have "sour grapes"), especially when a participant disagrees with a ruling made by HealthyWage. Occasionally, such participants cause problems by attempting to intimidate HealthyWage staff and/or by making disparaging remarks about HealthyWage in social media, email and elsewhere. You covenant and agree that this clause specifically prohibits such conduct and that you will not engage in such conduct. Participant hereby covenants and agrees to keep sour grapes to himself/herself, and to be financially responsible for any damages caused to HealthyWage by the airing of participant’s sour grapes or any of the conduct described in this Sour Grapes Clause. This Sour Grapes Clause applies regardless of the reason for the sour grapes, and applies even when the Participant was disqualified by HealthyWage for a rules violation, whether the violation was caused by the Participant or by someone else, and whether the Participant agrees with HealthyWage's ruling or not. Participant covenants and agrees that he/she will not say anything disparaging about HealthyWage via any means, including electronic media (including but not limited to email, Twitter and Facebook), written media (including but not limited to letters, press and advertisements), and spoken word, for two years following the end of the challenge. This includes all disparaging remarks whether true or false. Participant understands that sour grapes can cause serious damage to HealthyWage and Participant hereby agrees to be financially responsible for such damages and to pay any and all legal costs and fees, including attorneys fees, that HealthyWage incurs in any successful action against the Participant for violating this clause, even if HealthyWage's damages are small. Participant agrees that the word “disparagement,” as used in this section, shall be construed very broadly.
VI. Grounds for Disqualification
You covenant and agree that HealthyWage acts as a fair referee for the Ten Percent Challenge, and that HealthyWage is the Challenge's final arbiter and that HealthyWage has sole and exclusive discretion in applying the rules, making any necessary disqualifications and determining whether you are a winner. You covenant and agree that if you are disqualified, you will not be eligible to win any of the cash prizes, and you will not receive a refund.
All of the following are grounds for disqualification:
A. Fraudulent conduct (i.e., cheating), including but not limited to dishonest weight recording, falsification of weight verifications (yours or anyone else’s), any other action or omission on your part or on your behalf that causes your HealthyWage record or anyone else’s HealthyWage record to reflect something other than actual weight loss, or any conduct that gives you or anyone else an unfair advantage in the Challenge. The concepts of fraud, dishonesty, falsification and unfairness shall be construed broadly to include any conduct or omission that, in HealthyWage’s sole and exclusive discretion, would be considered unfair by an ordinary person.
B. Suspicious conduct (i.e., conduct that causes the appearance of impropriety), unless HealthyWage is able to rule out fraud. In other words, suspicious conduct gives rise to a rebuttable presumption that you must be disqualified, unless HealthyWage is able to determine that no fraudulent conduct transpired. Suspicious conduct includes, but is not limited to, the following: (a) getting caught in a lie with respect to weight verifications; (b) any dishonesty in communicating with HealthyWage or a verifier or another HealthyWage member or a member of the public; (c) inability on the part of HealthyWage to get a hold of any of the people that a participant claims conducted participant’s verified weigh-in/-out; (d) rapid weight gain or loss between HealthyWage challenges; (e) unusual self-reported weight data; (f) suspicious comments on social media and/or email and/or elsewhere; (g) failure to cooperate when/if HealthyWage arranges for you or your teammates to get a follow-up verified weigh-in; (h) a difference of more than three pounds between a participant's verified weight as reported by a verifier selected by the participant, on the one hand, and the same participant's verified weight as reported by a verifier selected by HealthyWage, on the other hand, as part of a follow-up verification; (i) gaming the challenge; (j) suspicion of unhealthy practices as described below; (k) in the case of a video verification, any failure to adhere perfectly the video verification rules; or (l) any other conduct that, in HealthyWage’s sole and exclusive judgment, would cause an ordinary onlooker to question the authenticity of a participant’s success.
C. Failure to cooperate with HealthyWage during the winner confirmation process, including but not limited to cooperating with an HW-ordered confirmational verified weigh-in (when one is arranged for you by HealthyWage). (HealthyWage sometimes arranges follow-up verified weigh-ins/-outs for prospective winners as confirmation of success.)
D. Unhealthy practices, including, but not limited to, deliberate weight gain (before, during, or after a HealthyWage challenge), starvation, water deprivation, unusual water consumption, self-induced vomiting, diuretics, laxatives, or any weigh loss or weight gain plan not approved by your doctor or that, in HealthyWage’s sole and exclusive discretion, would be considered unhealthy or unfair by an ordinary person.
E. Harassment of any kind. You are encouraged to support your fellow dieters and other HealthyWage members, but you covenant and agree that unwelcome emotion, physical, sexual or other abuse is absolutely forbidden. Harassment shall also include any words or actions that, in HealthyWage’s sole and exclusive discretion, would be likely to cause anyone to feel pressured to do any of the unhealthy things defined above.
F. Illegal practices of any kind.
G. Surgery during the Challenge.
H. Violation of any of the additional rules listed elsewhere in the Ten Percent Challenge Rules or in the HealthyWage Services Agreement.
I. Violation of the Inter-Challenge Weight Change rules listed below.
VII. Verified Weigh-in and Verified Weigh-out
You covenant and agree that your Verified Weigh-in and Verified Weigh-out (your "verification(s)") will not count unless you comply strictly with the rules. You have two options for completing your verifications:
(A) Option One: Video Verification. This option allows you to get verified at home by making a private weight verification video on our website. Your verification will not be valid if you fail to follow the rules---the rules are designed to prevent fraud, so even slight deviations are grounds for disqualification. The rules are set forth on several pages rooted on your dashboard page.
(B) Option Two: Verification by Health Club, Health Professional or Weight Watchers. This option allows you to get your weight verified at your health club, doctor or participating Weight Watchers meeting. Your verification will not be valid if HealthyWage does not receive the verified measurements within one week after they are taken, or if HealthyWage is not able to locate your Verifier or confirm with your verification with your Verifier, or if your verifier indicates that he/she did not personally take your weight and height measurements, or if your Verifier refuses, upon HealthyWage's request, to provide a sworn statement about the verifications, or other request made by HeatlhyWage. Note: if you are a corporate participant, please stand by---we will automatically send you a list of weigh-in centers the week of the contest start date.
VIII. Self-Reported Weekly Weigh-in
You covenant and agree that:
A. You will self-report your weight on the HealthyWage website at least once every seven days, by visiting the website and weighing in on the dashboard page, and not allow more than seven days to pass without a weigh-in. B. If you have not checked-in by the end of the seventh (7th) calendar day since the your last weigh-in (with the day after the User’s last check-in being counted as the first day), then you will get a strike. When you have three strikes, you're out; you are disqualified and you are not eligible for any prize. IX. Challenge Dates. Your 10% Challenge begins on the date of your Verified Weigh-in (your “Start Date”) and ends six months after that date (your “Victory Date”). X. Other Conditions. You hereby agree to the following conditions, and you understand that a failure to satisfy any one or more of these conditions will mean that you are not eligible for any prize or payment: A. Comply with all of the Ten Percent Challenge Rules described in this document; and B. Make your best effort to ensure that your verified weigh-in and weigh-out have been measured and reported truthfully and accurately; and C. Covenant and agree that HealthyWage has sole and exclusive discretion to determine whether you have won the Ten Percent Challenge; and D. You must take and keep a starting photo (taken within two weeks of your Start Date), which you keep in your records (you do not need to sumbit it unless and until you win) and which you must submit to HealthyWage along with a victory photo if you win. The purpose of the photo is to confirm your weight loss, so it is important that the photo show your entire body, and that your body not be obscured by more than a little clothing; and E. Complete the self-reported (non-verified) Weekly Weigh-in every week (at least once every seven days), throughout the duration of the Challenge; and F. Complete your Verified Weigh-in on or within 120 days after the date you register, and complete a Verified Weigh-out within two weeks before or on your Victory Date; and G. If you get verified by a health club, medical professional or Weight Watchers (as opposed to video verification), then ensure that you know the identity and are confident about the reachability of your Verifier(s), and ensure that he/she/they are willing and able to provide, upon request, a sworn statement attesting to the truth and accuracy of your weigh-in. You may not be eligible for a cash prize if HealthyWage is unable to reach your Verifier(s), or if your Verifier(s) refuse to cooperate or if your Verifier(s) refuse to provide a sworn statement if one is requested; and H. Complete a confirmational follow-up verification(s) if one or more such confirmational follow-up verifications are requested and/or arranged by HealthyWage. HealthyWage shall choose the Verifier and make all the arrangements for confirmational follow-ups, in most cases; and I. Agree that only Users who win the Challenge will receive a cash payment, and no other User will receive any payment as part of The Ten Percent Challenge; and J. You must have permission from your doctor to participate, and you must be free of any health condition that would make participation unhealthy or otherwise unwise, and you and your doctor must be reasonably certain that you are capable of participating in and completing the Ten Percent Challenge without compromising your health in any way; and K. Not have lost weight during the Challenge by under-eating (defined as eating fewer calories each day than your doctor recommends) or by excessive exercise (defined as exercise that exceeds your doctor’s recommended amount of exercise, in terms of type, frequency or duration) or by dehydration, or by any diet, weight loss regimen or program not recommended by your doctor; and L. Not have lost weight during the Challenge by having any kind of surgery or by having a baby (/-ies); and M. You must pay the entry fee posted on the landing page and payment page at the time you sign up. If your credit card payment ultimately fails to process or is charged back or if HealthyWage otherwise does not receive your payment, then you are not eligible to win. XI. Participating in more than one Ten Percent Challenge. You may participate in subsequent Ten Percent Challenges (after your current Ten Percent Challenge), but only after your current Ten Percent Challenge ends. You may not participate in more than one Ten Percent Challenge at a time. Your subsequent participation is subject to the below Inter-Challenge Weight Change Rules. XII. Inter-Challenge Weight Change Rules. XIV. Eligibility. The Ten Percent Challenge is available only to healthy adults (age 18 or older) in the United States, Canada, Australia and the UK. Void where prohibited. XV. Referrals. You are eligible for a referral bonus of $20 for each person who registers for HealthyWage and pays for a HealthyWage challenge (or signs up for the free BMI Challenge if he/she gets a timely verified weigh-in) based on (and after) your referral and who properly enters your registration number during his/her registration. The bonus will be added to your total prize. You will not receive the bonus if you do not win the prize (i.e., you will not receive the bonus if you do not win the Ten Percent Challenge). You will not receive a referral bonus if the person you referred does not enter your registration number during his/her registration. Click here to view the HealthyWage Services Agreement.
These Inter-Challenge Weight Change Rules apply only if you have previously or are currently participating in another HealthyWage challenge.
A. Your 10% Challenge starting verified weight will be adjusted as follows:
1. Your verified starting weight must be no higher than the amount reported in any HealthyWage weight verification taken in the last three months. This prevents unhealthy weight gain between verifications.
2. Your verified starting weight must be no higher than the amount reported in any HealthyWage weight verification taken between 3 months and 12 months ago plus 1% for each full thirty days since the verification (no compounding). For example, if Bob wins the BMI Challenge on August 15 with a final verified weight of 200, and he starts a 10% Challenge the following January 1 with a verified starting weight of 212, then his verified starting weight for the 10% Challenge on January 1 would be adjusted down to 208 pounds. In other words, August 15 to January 1 is 4.5 months. Rounding down to 4 months, Bob, may count no more than 4% weight gain between August 15 and January 1. Since 4% of 200 pounds is 8 pounds, Bob's maximum starting weight for the 10% Challenge on January 1 would be 208.
B. Your 10% Challenge verified ending weight will be adjusted such that it is no lower than the amount reported in any HealthyWage weight verification taken in the previous 12 months minus 4% for each full thirty days since the last verification (no compounding). For example, if Bob wins the 10% Challenge on August 15 with a verified ending weight of 200, and he ends a BMI Challenge the following October 1 with a verified ending weight of 180, then his verified ending weight for the BMI Challenge on October 1 will be adjusted upward to 192 pounds. In other words, August 15 to October 1 is 1.5 months. Rounding down to 1 month, Bob may count no more than 4% weight loss between August 15 and October 1. Since 4% of 200 pounds is 8 pounds, Bob's minimum ending weight for the 10% Challenge on October 1 would be 192.
XIII. Winning. In order to win the 10% Challenge, and in order to win any payment:
A. Your verified ending weight (measured two weeks before, or on, your Victory Date) must be at least 10% lower than your verified starting weight (measured on your Start Date), and
B. You must not be disqualified, and you must comply strictly with all of the rules described herein and in the HealthyWage Services Agreement, and comply with all of the HealthyWage Terms and Conditions.
