Total Gym
OFFICIAL PROMOTION RULES:

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY IF YOU’VE BEEN SELECTED FOR THE FREE “TOTAL GYM XLS”.  Subject to all federal, state, and local laws, regulations, and ordinances.   “Montel’s Living Well GiveAway:  The Total Gym!” (the “Promotion”) begins at 12:00 a.m. Eastern Time ("ET") on May 2, 2008 and expires at 11:59:59 p.m. ET on September 5, 2008 (“Promotion Period.”).  Void where prohibited by law.

Eligibility: The Promotion is open to legal residents of the 50 United States, including the District of Columbia, and who are at least either 21 years old or the age of majority in their respective state, as of the date of the Promotion.  Employees of Total Gym Fitness, LLC (“Sponsor”) or CBS Studios, Inc., Mountain Movers Productions, Inc., or any of their respective parent companies, subsidiaries, affiliates, representatives, consultants, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, and members of their immediate families and those living in the same household are not eligible to participate.  By participating, each participant agrees to abide by and be bound by these Official Rules and the decisions of the Sponsor, which shall be final and binding in all matters relating to this Promotion.  Winning a prize is contingent upon fulfilling all requirements set forth herein. Any attempt by an entrant to deliberately undermine the legitimate operations of this Promotion is a violation of criminal and/or civil laws.

To Enter:  Visit www.montelshow.com and follow the link to www.totalgymdirect.com.  Follow the instructions to complete and submit Official Entry Form.  Online entries only will be accepted and a valid email address must be provided to be eligible.  All entries must be completed and submitted by September 5, 2008, 11:59:59 p.m. ET.  Limit one (1) entry per person, per household.  No purchase or payment of any kind is necessary if you’ve been selected for the free “Total Gym XLS”. 

Winner Selection:  One (1) FREE Total Gym XLS will be awarded during Promotion Period.  Odds are dependent upon the number of entries received.  Potential Winners must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements in these Official Rules.  The potential Winner will be immediately notified that they have been awarded a Prize, with confirmation and affirmation of eligibility to follow.  Any potential winner is subject to verification by Sponsor, whose decisions are final and binding in all matters related to the promotion.  An entrant is not a winner of any prize unless and until entrant’s eligibility has been verified and entrant has been notified that verification is complete.  In the event that a potential Winner is disqualified for any reason, any remaining prizes will remain un-awarded.  Winning a prize is contingent upon fulfilling all requirements set forth herein.  All potential winners are subject to verification before any prize will be awarded.   

Prizes:  One (1) winner will receive one (1) FREE Total Gym XLS.  Approximate retail value (“ARV”) of the Total Gym XLS is $1,750.00.  Limit one (1) prize per person and per household.  Any and all applicable federal, state, and local taxes and all fees and expenses related to acceptance and use of the FREE Total Gym XLS not specifically stated herein is the sole responsibility of the individual receiving the FREE Total Gym XLS.  Winner of the FREE Total Gym XLS will receive an IRS Form 1099 for approximate retail value of the prize. Award cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsor reserves the right to make equivalent award substitutions at its sole discretion.  Sponsor will not replace any lost or stolen awards.  Award cannot be used in conjunction with any other promotion or offer.  No more than the advertised number of awards will be awarded.

General Conditions:  This Promotion is governed by the laws of the Commonwealth of Pennsylvania.  Sponsor reserves the right, without notice, to suspend, modify, or cancel this Promotion at any time, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor in its sole discretion.  Warning: any attempt by a participant or any other individual to deliberately undermine the legitimate operation of the promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to prosecute and 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 provision.  Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, and/or the legitimate operation of the Promotion; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to threaten, or harass any other person.  If, for any reason, the Promotion is not capable of running as planned, including tampering, fraud, technical failures, or any other causes beyond the control of Sponsor, which corrupt or affect the operation, administration, security, fairness, integrity, or proper conduct of this Promotion, Sponsor may, in its sole discretion, (a) cancel or terminate the Promotion (or any portion thereof); or (b) modify the Promotion or suspend the Promotion to address the impairment and then resume the Promotion in a manner that best conforms to the spirit of these Official Rules.

Release and Limitation of Liability: By participating in this Promotion, you agree that Sponsor, CBS Studios, Inc., Mountain Movers Productions, Inc. and any of their respective parent companies, subsidiaries, affiliates, representatives, consultants, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies (the “Released Parties), will have no liability whatsoever for, and shall be held harmless by you against: any liability for any injuries, losses or damages of any kind to persons, including personal injury or death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse, or use of the award or participation in this Promotion or in any Promotion related activity or any claims based on publicity rights, defamation or invasion of privacy, or merchandise delivery.  Sponsor shall not be liable for (1) technical, pictorial, typographical or editorial errors or omissions contained herein, or for any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotion; or (4) technical or human error which may occur in the administration of the Promotion or the processing of entries.

Except where prohibited by law, winner grants to Sponsor, its parents, subsidiaries, affiliates, advertising and promotion agencies, and those acting pursuant to its authority, the right and permission to print, publish, broadcast, and use, worldwide in any media now known or hereafter developed, including but not limited to the world wide web, in perpetuity, the winner’s name, voice, likeness, and biographical information for advertising and promotional purposes (including the announcement of his or her name on television or radio broadcast) without additional consideration, compensation, permission, or notification. 

Without limiting the foregoing, everything regarding this promotion, including all prizes, are provided “as is” without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.  Some jurisdictions may not allow the limitations or exclusions of liability for incidental or consequential damages or exclusion of implied warranties, so some of the above limitations or exclusions may not apply.  Check local laws for any restrictions or limitations regarding these limitations or exclusions.

Official Rules/Removal from Mailing List/Winner’s List:  You may request a copy of the Official Rules or winner after September 30, 2008 (include a self-addressed stamped envelope; Vermont residents may exclude postage) or elect to remove your name and address from lists we use to direct mail recipients and to prohibit the mailing of further promotional materials, by submitting your request, in writing, to:  Total Gym Fitness, LLC, Attention: “Montel’s Living Well GiveAway:  The Total Gym!”, 1230 American Boulevard, West Chester, PA  19380.

Sponsor:  Total Gym Fitness, LLC, 1230 American Boulevard, West Chester, PA  19380.

Copyright ©2008 Total Gym Fitness, LLC.  Total Gym® is a registered trademark of Total Gym Fitness, LLC.  All rights reserved.