Terms and Conditions will be updated as needed. For any questions, contact firstname.lastname@example.org.
Last Updated on Dec 30th 2014
Last Updated on Aug 10th 2015
Hi! We’re happy you’re using MeltDownChallenge.com, a website that promotes health and allows people to enter a variety of health related challenges in a social context and bet on their ability to fulfill these challenges. This page outlines our Terms and Conditions, meaning the contract between you and MeltDownChallenge.com when you use MeltDownChallenge.com's site, services, and products. We hope it’s straightforward and clear, but if you have any questions please contact: email@example.com
Accepting the Terms & Conditions
Modifications to This Agreement
MeltDownChallenge.com reserves the right to alter, modify, add, and/or delete segments of these Terms and Conditions at any time without further notice and at our discretion, provided that we update these modifications on this page and indicate the last revision date at the top. Your continued use of the Site after any such modifications constitutes your acceptance of the revised Terms and Conditions. If you do not agree to adhere to these or any future Terms and Conditions, then do not (continue to) use or access the Site. Checking the Site to see if there have been alterations to these Terms and Conditions and reviewing them are your responsibility.
This Agreement is in effect while you use the Site and/or are a registered member. MeltDownChallenge.com reserves the right to terminate your membership, delete your profile, prohibit you from using or accessing the Site and/or removing any content you have uploaded on the Site and/or at any time at our sole discretion, with or without notice. You may also terminate your membership at any time for any reason, however if you are in an ongoing challenge you will be bound by the terms of that challenge until it finishes.
Registration Data & Account Security
You agree to: (a) provide accurate, current, and complete information about yourself when asked for such information by the Site ("Registration Data"); (b) take responsibility for keeping your password and identification secure; (c) update the Registration Data and other information you enter on the Site in a timely matter to retain accuracy and completeness; and (d) take responsibility for any use of your account and actions related to using your account.
Proper Usage of Site
The User may use the Site solely for personal, non-commercial purposes, unless specified otherwise in an exclusive contract with MeltDownChallenge.com.
Prohibited Content Posting & Sharing
Challenger will not post to or share to the Site any Content that is:
Untrue, misleading, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive to another person's privacy or protected data, hateful, or racially or otherwise objectionable;
Infringing upon a third party's intellectual property rights, including any patent, trademark, trade secret, copyright, or right of publicity, or content that is the subject of any claim of infringement;
Of a type that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as proprietary and confidential information;
Unsolicited, undisclosed or unauthorized advertising;
Software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
Data or information obtained through access that was not authorized by the owner, or that you are not authorized to post; or
In violation of any applicable local, state, national or international law (including export laws).
User will not do, or attempt to do, any of the following:
Access or use the Site in any way that is not in compliance with any applicable local, state, national or international law (including export laws), contracts, intellectual property rights or constitutes the commission of a tort, or for any purpose that is harmful or unintended (by us), or other than in full compliance with these Terms;
Access, tamper with, or use services or areas of the Site that you are not authorized to access;
Alter information on or obtained from the Site;
Tamper with postings, registration information, profiles, challenges or content belonging to MeltDownChallenge.com or other users of MeltDownChallenge.com ;
Use any robot, spider, scraper or other automated means or interface not provided by us to access the Site or extract data or gather or use information, such as email addresses, available from the Site or transmit any unsolicited advertising, "junk mail," "spam," or "chain letters";
Frame any part of the Site, or link to the Site, or otherwise make it look like you have a relationship to us or that we have endorsed you or your content for any purpose except as expressly permitted in writing by MeltDownChallenge.com ;
Impersonate or misrepresent your affiliation with any person or entity;
Reverse engineer any licensed software, application, tools or any other aspect of the Site or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Site;
Send to or otherwise impact us or the Site (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, "spyware," "adware" or other code that could adversely impact the Site or any recipient; or
Take any action which might impose a significant burden (as determined by us) on the Site's infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Site;
Manipulate weight or other test scores in short-term ways that violate our Rules & Definitions, including engaging in rapid hydration or dehydration, binging, purging, and/or weight-loss surgery;
misrepresent official test scores;
Participate in challenges repeatedly for the purpose of being a "professional" participant;
Manipulate challenges including plotting among players, anteing on a challenge that you are not participating in, anteing on someone other than yourself, anteing against a participant, or otherwise manipulating the natural course of a challenge.
Protection of Site Content
Reservation of Rights
The User acknowledges and agrees that all content on the Site including but not limited to designs, tools, applications, software, text, audio, video, pictures, graphics, music, sound clips, images, likenesses and other works of authorship the (“Site Content”) is the intellectual property of MeltDownChallenge.com and its content providers and that we and our content providers retain all right, title, and interest in the Site Content. Site Content in its entirety or in part may not be reproduced, distributed, modified, publicly performed or displayed, and or prepared without prior written consent from MeltDownChallenge.com. This excludes only the User Content (as defined below) that the User legally posts on the Site.
If User is eligible to use the Site, the User attains a limited license to use the Site and the Site Content, and to download and/or print a copy of sections of the Site Content to which the User had lawfully obtained access to for non-commercial, personal purposes, provided that User keeps all copyright, trademark, service mark, or other proprietary rights intact. Aside from User Content, republishing Site Content on the Internet or any other medium, or using sections of Site Content in other databases or compilations is strictly prohibited. The limited license in the context of this Agreement does not allow the use of any data mining, robots, spiders, or similar data gathering and/or extraction methods. Violation of these terms will terminate the license granted herein immediately and may also violate copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement must be interpreted as granting any license to intellectual property rights, whether by estoppel, implication, or otherwise. The limited license is revocable at any time without notice and with or without reason.
Ownership of Your Content
You retain ownership of your rights in any Content you post to the Service, subject to the non-exclusive rights that you grant to us as described in these Terms.
Your License to MeltDownChallenge.com
You hereby grant MeltDownChallenge.com an irrevocable, perpetual, worldwide, royalty-free, freely transferable, freely sub-licensable (through unlimited levels of sublicense), non-exclusive license to use, reproduce, modify, transmit, distribute, publicly perform and display (including in each case by means of a digital audio and video transmission), advertise in, on, and around, and create derivative works of the Content you submit or make available for inclusion on or through the Site, and to incorporate such Content into other works in any form, media, or technology now known or later developed.
You also hereby waive any moral rights you may have under the laws of any jurisdiction in Content you submit or make available on or through the Site. We may (but are not obligated to) display your Content, including your username and your actual name (according to the preferences you select).
Walls, Blogs, Chats & Forums
Users should be aware that the information shared on walls, blogs, chatrooms and/or forums on MeltDownChallenge.com can be read, collected and/ or used by other users of the aforesaid outlets, which can sometimes lead to information sharing with third parties, and consequent unsolicited messages. MeltDownChallenge.com is not responsible for information that users choose to submit in these outlets. This also applied for third-party services like Facebook, Twitter and Google + that MeltDownChallenge.com connects to.
Your Right to Terminate the License
At any time you may modify or remove from the service any content consisting of photos, graphics, audio or video that you have submitted or made available for inclusion on or through the Site (but not, for clarity, any Content solely in the form of text that you have posted to the public areas of the site). Your removal of such Content from the Service will terminate our license to such Content. But if prior to such removal or modification, MeltDownChallenge.com has distributed, or developed specific plans to distribute, any electronic, printed, or other materials containing such Content (e.g., in advertising, promotion or otherwise), then MeltDownChallenge.com and its licensees have a limited right to continue to distribute those materials.
Reporting Copyright Infringement
MeltDownChallenge.com respects the intellectual property rights of others and requests that users of the Site do the same. If you believe that your work is being used on the Site in a way that constitutes copyright infringement, you may notify us at firstname.lastname@example.org.
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, if a User is believed to engage in one-time or repeated infringement of intellectual property rights, including copyrights, MeltDownChallenge.com reserves the right to: (a) terminate in appropriate circumstances the membership or User; (b) access, preserve and disclose to third parties any of User’s information or data (including personally identifiable information and private communications) if we believe in our sole discretion that such access, preservation, or disclosure is necessary or useful to respond or address copyright infringement complaints.
Third Party Content & Links
Advertisements and Links
Advertisements, offers, or other links to websites of third parties on the Site are not under MeltDownChallenge.com’s control. Advertisements and other information provided by third parties may not be accurate. MeltDownChallenge.com does not endorse or recommend any of the products or services advertised on the Site and is not responsible nor liable for: (a) the availability or accuracy of such sites or advertisements; (b) the content, products or services available from such sites. Even if we recommend certain products or sites, the inclusion of any link or mention on the Site does not imply MeltDownChallenge.com’s endorsement nor are we offering any warranties about the quality or safety of such products and sites, either explicit or implied. You should do your own independent research, particularly when it comes to health-related products, and you use the links and products at your own risk.
Third Party Transactions
Your transactions and other dealings with third party merchants or advertisers that are found on or through the Site, including "click to purchase," "co-registration," and other similar programs, including payment and delivery of related goods or services, are solely between you and such merchant or advertiser.
You are solely responsible for your interactions with other Challengers of the Site. MeltDownChallenge.com reserves the right, but has no obligation to monitor disputes between challengers. In the event that we do mediate or resolve a conflict between two challengers, our decision shall be final.
MeltDownChallenge.com does not provide medical advice, the tips and other content on the Site is for general informational purposes only and does not address individual circumstances. Nothing available on the Site is or should be considered, or used as a substitute for medical advice, diagnosis or treatment. Challengers are advised to always seek the advice of a qualified health care provider with any questions regarding personal health or medical conditions. Never disregard, avoid or delay in obtaining medical advice from your doctor or another qualified health care provider because of something you have read on the Site. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately.
MeltDownChallenge.com does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by MeltDownChallenge.com, its employees, others appearing on the site at the invitation of MeltDownChallenge.com, or other users of the Site is solely at your own risk.
Data & Damages
MeltDownChallenge.com and its content providers cannot and do not guarantee or warrant against errors, damages, omissions, delays, interruptions or losses, including loss of data. Users of the Site are responsible for maintaining a means external to MeltDownChallenge.com for the reconstruction of any lost data. Under no circumstances is MeltDownChallenge.com responsible for any kind of loss or damage, including any loss or damage to any User Content or personal injury or death or losses of wagers on challenges, resulting from anyone's use of the Site, any User Content or Third Party Applications, Software or Content posted on or through the Site or transmitted to Users, or any interactions between users of the Site, whether online or offline.
You Accept the Service "As is"
THE SITE, ITS CONTENT, AND SERVICES ARE PROVIDED "AS IS." MELTDOWNCHALLENGE.COM MAKES NO REPRESENTATIONS, CONDITIONS OR WARRANTIES OF ANY KIND THAT THE SITE, THE OPERATION OF THE SITE OR THE INFORMATION, TOOLS, SOFTWARE, OR CONTENT INCLUDED IN THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. MELTDOWNCHALLENGE.COM EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. ANY ACCESS TO THIS SITE IS VOLUNTARY AND YOU UNDERSTAND AND AFFIRM THAT ANY DATA, CONTENT, MATERIAL OR SOFTWARE YOU DOWNLOAD OR OTHERWISE OBTAIN FROM OR THROUGH THE SITE IS AT YOUR OWN RISK AND DISCRETION, AND YOU’LL BE SOLELY RESPONSIBLE FOR ANY KIND OF DAMAGES, LOSS OR OTHER HARM THAT MAY RESULT.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NONE OF THE INDEMNIFIED PERSONS ARE LIABLE TO YOU OR ANY OTHER PERSON FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, STATUTORY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF THE INDEMNIFIED PERSONS EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO US.
It is our belief that our competitive wellness challenges, when done properly, will help most people to achieve their health goals as stated in the challenge. MeltDownChallenge.com offers a money-back guarantee if certain results are not obtained in certain cases, where challengers may be entitled to receive a refund of their initial ante amount. MeltDownChallenge.com cannot and does not warrant any specific results from use of the Site and/or any Third Party Applications, Software, or Content though. In no case shall we be held responsible to you for losing money that you pledge on a Challenge.
Not a Chance Game
MeltDownChallenge.com does not offer games of chance, luck or fortune. The purpose of the challenges is to reward participants only for actions over which they have impact or control. MeltDownChallenge.com prohibits the use of challenges contained on this Site to reward participants for actions over which they have no impact or control.
Total Pool - Individual Challenges
MeltDownChallenge.com will be appointed to hold the total amount of money in challenges. MeltDownChallenge.com is responsible for paying out challengers properly. Every challenger who has hit the challenge's goal splits part of the total pool. The total pool consists of the total antes collected on each specific challenge. MeltDownChallenge.com distributes the total amount of money in the total pool once the challenge is over and the winners have been verified. The Total Pool is distributed according to the Challenge Rules which are determined by the challenge host and MDC. The Challenge Rules can be found on each individual’s particular Challenge Wall. MeltDownChallenge.com pays winning challengers via PayPal.
Please check your Challenge Rules, some challenges might offer different percentages.
As long as a side contest has not started, MeltDown Challenge reserves the right to cancel/modify the contest without previous notice. As long as the amount allotted for the cancelled/modified contest is still part of the incentive pool and distributed through different incentives within the same Challenge.
Challengers & Judges
You acknowledge that Challengers and judges in challenges are subject to human error. Whether in good faith or not, Challengers and judges may not carry out their responsibilities properly and/or make mistakes. You acknowledge and affirm that this is a risk inherent to challenges offered on the Site and agree to accept their rulings as final nonetheless. This includes but is not limited to making what you may believe are incorrect judgments, decisions to remove participants, inaccurate recordkeeping and/or other actions that may directly or indirectly affect the outcome of a challenge as well as your bet. Disputes of any kind with Challengers, including the ones appoint to the role by MeltDownChallenge.com, must be resolved directly with the Challenger. MeltDownChallenge.com will not mediate such disputes or take any be held responsible nor liable for the actions or inactions of Challengers and judges.
Conflicts of Interest
Hosts may compete as participants in their own challenges only if they pay their ante and if they are not being rewarded by MDC in any way . If this presents a conflict of interest, which may in some cases lead to issues, the host of such challenge acknowledge and accept responsibility for aforementioned issues.
Disqualifications & Removals
You may be disqualified for a variety of reasons by your challenge’s Host. Reasons for disqualifications include but are not limited to violating MeltDownChallenge.com's rules, Terms & Conditions, and/or engaging in bad sportsmanship (a judgment at the Host’s discretion). If you are disqualified or removed from a challenge for any reason, you will not receive a refund. You further acknowledge and affirm that your challenge’s Host has the full and unappealable right to remove anyone from the challenge. If you are not comfortable giving the Host this power, we advise you not to play.
Excessive Weight Loss
Participants losing more than three times the amount that the challenge dictates as the weight goal are automatically disqualified. If final official scores indicate such a weight loss, MeltDownChallenge.com automatically disqualifies the participant. This is to encourage and enforce healthy behavior in participants and to prevent participants from winning with the help of medical procedures such as bariatric surgeries and liposuction. Participants that are disqualified due to Excessive Weight Loss are not entitled to a refund.
In an effort to keep it fair for all the challengers, if the photos required for the weigh-in and or weigh-out processes do not follow the MDC rules, the challenger may be disqualified.
The challenge rules regarding the photos required for the weigh-in and weigh-out processes are:
For Official scores in weight challenges two photos are required. A full body shot of the participant in form fitting clothes holding the computer generated number assigned and one of the scale reading showing next to it the computer generated number assigned. MeltDownChallenge.com will inform participants about this computer generated number right before they need to upload their images.
Hosts are responsible for any problems, disputes, and other special circumstances. MeltDownChallenge.com has no responsibility or obligation to resolve disputes or complications that arise, including special circumstances.
If your Host dies or is otherwise unable to perform his or her Host duties, the challenge will be considered a draw and money will be returned to all participants that have not been previously disqualified or removed from the challenge, minus standard fees that MeltDownChallenge.com collects for managing the Winner’s Pool. If the challengers decide to continue with the challenge, MDC will take upon the responsibility to assume the Host's role and complete the challenge.
You agree to hold MeltDownChallenge.com, its subsidiaries, affiliate and each of its officers, directors, employees, agents, attorneys, independent contractors, licensors, experts, content providers, advisors, vendors, and suppliers, and each of their respective successors and assigns (collectively, the "Indemnified Persons"), harmless from, and indemnify them for, all damages, costs, expenses and other liabilities, including reasonable attorneys' fees and expenses, relating to any claim arising out of or related to: (a) your access to and use of the tools, software, and other aspects of the Service and the Content; (b) your violation of these Terms, and any applicable law or the rights of another person or party; (c) any dispute you have with any User of the Site and any dispute you have related to any merchant or advertising found on or through the Site; (d) MeltDownChallenge.com's resolution (if any) of any dispute you have with any user of the Site; (e) your improper authorization for MeltDownChallenge.com to collect, use or disclose any Content provided by you; and (f) any disclosures made with your permission.
This Site is controlled by us from our office in the state of California in the United States of America and is directed to U.S. users. If you access the Site from locations outside of the U.S., you do so at your own risk and you are responsible for compliance with applicable local laws. You may not use or export anything from the Site in violation of U.S. export laws and regulations or this Agreement. This Agreement and all performances and claims of every nature between us are governed by the laws of the State of California, U.S.A. With respect to any disputes or claims not subject to arbitration (as set forth below) you and MeltDownChallenge.com submit to the exclusive personal jurisdiction and venue of the state and federal courts located within Los Angeles County, California.
By accessing and using the Site you agree that all disputes, controversies or differences which may arise between you and MeltDownChallenge.com in relation to this Agreement shall be finally settled by binding arbitration in California in accordance with the Consumer Procedures and Rules of the American Arbitration Association.
Definitions and Constructions
The paragraph headings in these Terms are included to help make these Terms easier to read and have no binding effect. As used in these Terms, the words "include" and "including" are meant to be illustrative and not exhaustive.
These Terms do not create any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship. Except for the Indemnified Persons, there are no third party beneficiaries of these Terms.
The failure of any party to exercise or enforce any right or provision of this Agreement, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or that party's right to act with respect to subsequent or similar breaches. We suggest that you print out a copy of these Terms for your records.
Once the ante has been paid and therefore becomes part of the Total Pool, challengers can no longer receive a refund. The only exception is by submitting a doctor's note via email to email@example.com.
Cancellation of Participation
Since your ante is part of the total pool from the moment that you pay, in order for us to cancel your participation from the challenge and fully remove you from our database, we need to wait until the challenge is officially over and all incentives and the winners pool have been distributed.