incentaHEALTH LLC, and its affiliates are collectively referred to as ‘incentaHEALTH'.
2. Program Overview
Welcome to the incentaHEALTH program. This program is offered to help you achieve and maintain a healthy weight. You will begin the program by performing an initial weigh in at the incentaHEALTH Smart Scale. Based on your health program election, you will receive regular emails covering tips and information for proper nutrition and exercise. The program requires that you return to the incentaHEALTH Smart Scale on a quarterly basis to complete weigh ins. If you have lost weight, you may be eligible to receive an incentive check based on the amount of weight lost. If you continue to keep the weight off, you may receive quarterly checks for up to nine consecutive months after your second weigh in. If you regain some or all of the weight from one weigh in to the next, your check will be reduced or eliminated, depending on how much weight you regain. At the end of 12 months, your baseline weight will be recalculated based on your new weight. If you are still overweight (as determined in accordance with Section 2 below), you may be eligible to earn new incentive checks by losing more weight.
3. Qualified Participants
The incentaHEALTH program is open to all adults in the United States age of 18 and older. Only those with a BMI of 25 or greater at the initial weigh in are eligible to earn the reward checks for losing weight per the established incentive scale. Those with a BMI of less than 25 may be eligible for prizes by accruing HEALTHpoints through program participation. You can only have one active account in the system. Duplicate accounts will be deleted and all earned incentives will revoked.
All of the personal information you provide to incentaHEALTH is securely stored. The information is used to calculate your incentive check amounts. incentaHEALTH does not have access to your individual weight measurement data.
incentaHEALTH and Facebook
If you chose to brag to Facebook through your incentaHEALTH Progress Report, enroll, log in, and/or connect your incentaHEALTH account with Facebook, you are subject to Facebook’s current terms and conditions and privacy policies available at www.facebook.com.
If you chose to join any of the incentaHEALTH Team Challenges, your email address will be shared ONLY with your teammates in order to allow you to easily communicate with each other.
5. Program Modification
incentaHEALTH may modify the terms of this Agreement and the predetermined weight loss program at any time by providing you with an updated version. Your continued usage of the program will mean you accept those changes.
6. Improper Manipulation of Weight Readings
You are not allowed to artificially influence your weight to create an inaccurate weight reading. This includes, but is not limited to, making your weight higher or lower than your actual weight or having others weigh in for you. If it is determined that you are attempting to manipulate the system in any manner you shall be immediately terminated from the program. You will not be entitled to any additional incentive checks if it is determined that you have manipulated the program. All weigh ins on the incentaHEALTH Smart Scale must be performed with the scale on a firm surface such as a wood, laminate or tile floor to record an accurate reading. Weigh ins performed on carpet or other soft surfaces will not count toward incentives.
7. Weigh Ins
If you do not complete a weigh in as required under the program, any incentive fees to which you are entitled under the program will be suspended until such time as you weigh in at the next weigh in period.
8. Payment of Incentives
Incentives will be paid to you by incentaHEALTH. Participants must maintain an active paid Premium Coaching subscription for the 3 months preceding each quarterly incentive window.
You are not eligible for weight loss incentives if you are pregnant at any time while participating in this program. Pregnancy interferes with accurate weight measurements. In addition, if you have had bariatric surgery at any time after beginning the incentaHEALTH program, you are also ineligible to receive incentive checks due to weight loss unassociated with the incentaHEALTH program.
incentaHEALTH has the right to change the incentive amounts and time of pay outs at any time.
All participants receiving incentive payments from this program are required to include this income in their tax return for the year in which the incentives were paid. A 1099 will not be issued.
The total value of all cash incentives and prizes that a particular participant can receive in one calendar year cannot exceed $600.
Participants may be eligible to win prizes on a monthly basis. In order to be eligible for a prize, participants will accrue points by participating in program functions (i.e. opening daily email, completing weekly quiz, completing quarterly weigh ins, referring a friend, etc.). A threshold level will be determined and a participant will be selected at random to receive a prize among all participants that are above the threshold. Points will re-accrue from zero starting from the first day of each month.
All participants receiving prizes from this program are required to include this income in their tax return for the year in which the prizes were received.
10. Premium Coaching Subscription and Cancellation
11. No Guaranty of Weight Loss
incentaHEALTH does not guarantee any weight loss or maintenance by participating in the program.
12. Consultation With Physician
incentaHEALTH recommends that you consult with your physician prior to beginning the program in order to determine the suitability of the program to your own needs.
13. Waiver, Release and Limitation of Liability
In consideration of your participation in the incentaHEALTH program, you hereby accept all risk to your health and any injury or death that may result from such participation and you hereby release incentaHEALTH, and its respective officers, directors, employees, agents, successors and assigns from any and all liability to you, your personal representatives, estate, heirs, next of kin and assigns, from any and all claims and causes of actions for all illness or injury to your person resulting from your participation in the incentaHEALTH program, including, without limitation, your death, any medical problems or any health issues, whether caused by the negligence of you or incentaHEALTH, or any of their respective officers, directors, employees, agents, successors and assigns. In no event shall incentaHEALTH be responsible for any damages (including, without limitation, incidental and consequential damages) resulting from your participation in the incentaHEALTH program, whether based on warranty, contract, tort, or any other legal theory, and whether or not incentaHEALTH is advised of the possibility of such damages. Remedies under this Agreement are exclusive and are limited to those expressly provided for in this Agreement.
You agree to defend, indemnify and hold incentaHEALTH, and their respective officers, directors, employees, agents, successors and assigns harmless from and against any claims, actions or demands, liabilities and settlements, including, without limitation, reasonable attorneys fees, resulting from your violation of this Agreement.
15. Term of Agreement
Unless sooner terminated by you, this Agreement remains in effect for as long as incentaHEALTH is funded by incentaHEALTH and its partners. Upon termination of the program, you are entitled to receive incentive payments only through the date of termination.
This Agreement shall be governed by and construed according to the laws of the State of Colorado, without giving effect to conflict of laws principles which might otherwise require the application of the laws of another jurisdiction. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term or condition of this Agreement shall be deemed a further or continuing waiver of such term or condition or any other term or condition.