Terms & Conditions

1. General Terms & Conditions- Introduction

1.1. These are the general terms and conditions governing your access and use of the content and services offered to you on this website and constitute an agreement between you and Proscale Marketing. By using this website, placing any order(s) and/or using any service that we provide, you agree to be legally bound by these terms and conditions, as well as our privacy policy which can be found on https://www.bethechallenge.eu/privacy-policy/. Should you not agree to each and every term and condition set out herein and in our privacy policy, you are asked not to use this website, or the services offered over the website, withdraw yourself from the competition and leave immediately.

1.2. Proscale Marketing is the owner and the operator of the website https://www.bethechallenge.eu/. Proscale Marketing is a partnership set up under the laws of Malta (hereinafter referred to as “Proscale”). Our registered address and place of business is Jackaroo, Tumas Galea Street, Luqa, Malta and our VAT registration number is 2624-1215

1.3. Proscale reserves the right to change these terms and conditions and the privacy policy at any time with or without notice. Any such changes will be listed in this section of the website and your continued use of the website constitutes your agreement to be bound by the prevailing terms and conditions. You are advised to read these terms and conditions carefully. It is your responsibility to check this page regularly to ensure you are conversant with any changes.

2. User Account

2.1. To participate in the competition and/or in the discount scheme with us you must be over the age of 18 years. By using the information, services and products available through this website, you warrant that you are of age and have legal capacity to enter into agreement with us.

2.2. In order to participate in the competition and/or the discount scheme with us through our website you will need to register with Proscale and create a user account on our website.

2.3. By registering with us, you are warranting that you have read, understood, and accepted the terms and conditions and duly agree to abide by them entirely, throughout your use of the website.

2.4. You shall make sure that any information and details with which you provide to us through the website or via any other communication (including email) is accurate and complete.

2.5. You may access any information relating to your user account or any orders that you make with Proscale by logging into your user account.

2.6. In case of any changes to any information which you provide us with, you must notify us of such changes immediately by updating the details on your user account or by sending an email on [email protected].

2.7. All personal and payment details are governed by the Privacy Policy, which can be found here: – https://www.bethechallenge.eu/privacy-policy/.

2.8. Upon registering an account with Proscale, you are the sole authorised user of your account. User accounts are non-transferable; thus, you are prohibited from assigning, transferring, trading or selling your user account with Proscale to any other party.

2.9. When you register with us on our website, you will be required to create a password which is connected to your user account. It is highly advisable that you choose a secure password and it is your responsibility to keep it confidential.

2.10. In the case that you suspect or know that anyone has obtained unauthorised access to your Proscale account, you shall contact us without further delay.

3. Participation in the Competition

3.1. Before being able to enter into the competition, you will be required to answer a few questions in order to see whether you are fit to enter into the competition. In order to enter the competition your body mass index (“BMI”) must be at least twenty-five (25). For such purpose it is hereby being noted that one’s BMI is to be calculated as follows: weight (kg) / [height (m)]2. Should you be fit to enter into the competition, you will be requested to pay the entry fee. Following this there will be a waiting period for a maximum of  twenty-five (25) days, following which you will be requested by Proscale through email to submit you weigh in. The weigh in will need to be submitted within seventy-two (72) hours of such request and should such time-frame not be adhered to you will be disqualified from the competition and will not be entitled to a refund of the entry fee paid. Moreover, should you enter into the competition even though you are not fit to (as per above conditions) you will be disqualified and will not be entitled to a refund of the entry fee paid. In such cases, you will still be able to participate in the discount scheme.

3.2. Your initial weigh-in will establish your official starting weight. For such weigh in, players must submit a video of themselves following the following steps:

The first step – you must hold up against your chest a newspaper with the date visible, which newspaper cannot be more than two days old. This in order for the date to be verified.

The second step – you must place a six pack of water on your scales, which scales must show circa 700grams. This is in order for the scale calibration to be verified. The scales used should be digital or doctor’s scales and placed on a hard, flat surface. Analytical scales will be permitted, but it would increase likelihood of you being audited.

The final step – you must take ahead-to-toe shot of yourself standing on the scale. You must be wearing lightweight clothing with ant pockets pulled out. You cannot be wearing shoes, hats, belts, watches, coats or any other outerwear. At all times your face must be visible. One must include a close up of the persons weight in the video.

3.3. All three steps are to be captured in one interrupted video clip, and then you are also to provide information regarding your height. It is only once all information requested has been sent, processed and accepted by Proscale, and confirmation of commencement of the competition is sent to you by email will you be accepted by Proscale to participate in the competition. Proscale reserves the right to cancel the competition up until such point, in which case you will be refunded.

3.4. You will be required to update your weight between the initial weigh-in and final weigh- in, for such updates no video will be required. You are required to update Proscale with such information once a week and should such updates not be given you will be disqualified from the competition, and in such case entry fees will not be refunded. In such case you will still be entitled to participate in the discount scheme.

3.5. A final weigh-in must then be submitted within forty-eight (48) hours from the end of the sixty (60) day competition. The steps indicated above are to be repeated at this point. You are required to wear clothing which is similar to that worn in the initial weigh-in. The scale should be used also.

3.6. All videos are to be reviewed by Proscale and should any parts of the video not be clear – you will be asked to re-submit the video again. You will be given twelve (12) hours to do so, and if such request is not adhered to you will be disqualified from the competition and entry fees will not be refunded. In such case you will still be entitled to participate in the discount scheme. Moreover, should any foul play be noted Proscale shall also have the right to disqualify you from the competition and discount scheme, and in such case entry fees will not be refunded.

3.7. Weigh in will only be accessed by Proscale and its employees and representatives, it will not be shared with anyone else unless with explicit consent from you.

3.8. Following receipt of the final weigh-ins for the competitors, Proscale will require time to review the same, and such process will take a maximum of five (5) working days. Following which the winner, being the person who loses the most body weight percentage, will be announced, and winnings distributed to the winner. Should multiple challengers lose the same percentage of body weight the winnings will be split equally between them. It is hereby being noted that the amount of winnings depends on the number of participants which subscribe to take part in the competition in the time period allowed for this (which would be a maximum of 25 days). Winnings would range as per below:

Number of Participants Winnings
Up to 50-99 €500
Between 100-149 €1,000
Between 150-199 €1,500
Between 200 €2,000

3.9. Proscale may create various forums over social media platforms for competitors to communicate to each other, as well as for competitors to get in touch with the nutritionist  and physical trainer engaged by Proscale to give high level advice over such platforms.  Such advice provided, including any diet plans or work out plans, shall be high level and indicative and should not be relied on by the competitors. You must always consult your own health care professional for further advice, and Proscale shall in no way be held liable  for any and all damages which may arise due to any advice given by the nutritionist or physical trainer over such platforms.

4. Auditing

4.1. Proscale apply a strict zero-tolerance policy to cheating.

4.2. Proscale shall use random checks and algorithms to detect unusual activity within the competition and employs an auditing system where some players may be required to submit extra proof of their weight loss using a video weigh-in (as per steps indicated herein). If you are flagged by our audit, you will be required to submit a video weigh-in for all future verified weigh-ins until the flag is removed by one of our referees. Moreover, Proscale may also request you to carry out such weigh-ins over live stream. Failure to comply with our audit requirements will result in disqualification from the competition and discount scheme, moreover any entry fees will not be refunded. Proscale may also prohibit you from participating again.

5. Sportsmanship

5.1. All competitors shall adhere to the following guidelines of good sportsmanship and decorum:

a) One shall not intentionally misrepresent one’s weight;
b) One shall not participate in bad faith;
c) One shall not in any way manipulate Proscale or any parts of the process of the
competition;
d) One shall not interfere in the fair and natural course of the competition;
e) One shall not harass other competitors;
f) One shall not embarrass other competitors;
g) One shall not post/share any photo without permission of the
subject/photographer;
h) One shall not create multiple accounts;
i) One shall not use the competition, or any forum created for the use of competitors
for business or self-promotion; and
j) No nudity is permitted.

6. Prohibited Actions

6.1. The following actions are prohibited:

a) Starvation and other unhealthy ways of losing excessive and abnormal amounts of weight;
b) Dropping below 18.5 in BMI;
c) Engaging in weight-loss medical procedures during the course of the competition;
d) Any and all behaviour that is not in line with good sportsmanship; and
e) Tampering with measurements reported on the scale.

6.2. Any competitors caught or which are believed by Proscale, at their sole discretion, to have engaged/be engaging in prohibited actions shall be disqualified from the competition and discount scheme. Persons disqualified will not be refunded their entry fees.

7. Discount Scheme

7.1. As soon as we receive notification from our online system that you have paid to form part of our discount scheme, we shall send you a personal email acknowledging participation as well as login details for access to the discount scheme dashboard on our website. Until this point in time we can decide not to allow you to participate in such scheme, and if so, will refund you accordingly. In the case that you have been accepted to participate in the competition, you will also have access to the discount scheme and will be provided with login details by email at the point which you are accepted to participate in the
competition.

7.2. In order to avail yourself of the discounts, you would need to access the discount scheme dashboard on our website and redeem the specific discount. The relevant merchant/service provider will be notified accordingly and will duly accept/reject such redemption. Each discount can only be utilized once.

7.3. Coupons are valid for one (1) year from being provided with the relevant login details.

7.4. Proscale only provides the service of a discount card and not any other service. Thus, any problems or bad experiences arising from any of our participating merchants/service providers are to be tackled with the merchants/service providers themselves. Proscale will not be held liable or responsible for any and all rights and obligations in relation to any agreement/arrangements entered between the merchants/service providers and the yourselves. Accordingly, Proscale shall not be held responsible for any disputes or disagreements between the parties either.

7.5. Proscale shall not be held responsible for cancellation of services, offers and discounts no longer being available by the merchants/service providers.

7.6. Proscale shall not be responsible should any person not be accepted as a client of any merchant/service providers, and the specific terms and conditions of each privilege partner apply accordingly

7.7. The discount scheme is strictly not transferable, it will be withdrawn if transferred and no refunds will be given.

7.8. The fee to participate in the discount scheme is non-refundable. Once you agree to participate in the scheme, Proscale is not bound to give back any refunds.

8. Payments

8.1. All purchases shall only be accepted against payment by credit/debit card over Paypal or
similar escrow systems. Cash payments will also be accepted, upon arrangement for the same between yourself and Proscale.

8.2. Once any orders are received, we will process payment by Paypal or other similar escrow systems with the details you have provided to us.

8.3. You undertake to ensure that there are sufficient funds to cover the costs of entry into the competition or the discount scheme.

8.4. It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law.

8.5. Ten (10%) of our profits will be noted to Djar Bjorn.

9. Our Responsibility

9.1. This section applies only to the extent permitted by law.

9.2. You agree that you shall maintain the entire risk arising out of your use of the Proscale website to the maximum extent possible under the applicable law.

9.3. If we are in breach of any of these terms and conditions we will be responsible for any losses that you suffer as a result to the extent that they are a reasonable, foreseeable consequence to both of us at the time you make the relevant order. Our liability shall not in any event include any indirect loss, consequential loss, loss of data, lost profits or business interruption and/or loss from claims of third parties, even if the company is provided with prior notice of the possibility of such damages and even if such damages are foreseeable.

9.4. Whilst we endeavour to ensure that all the information, we provide on this website is correct, we do not accept liability (except as set out below) for any errors and omissions and reserve the right to change information, prices, specifications and descriptions. Proscale will do its best to correct errors and omissions as quickly as practicable after being notified of them. We shall not be responsible to you or to any third party for any amendment, suspension or cessation of the competition or any variation in the price for entry into the competition or discount scheme.

9.5. TO THE FULLEST EXTENT PERMITTED BY LAW, PROSCALE IS  PROVIDING THIS WEBSITE AND ITS CONTENTS ON AN ‘AS IS’ BASIS AND MAKES NO (AND EXPRESSLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS WEBSITE IS ACCURATE, COMPLETE OR CURRENT OR THAT THIS WEBSITE IS COMPATIBLE WITH ALL COMPUTER OR MOBILE SOFTWARE AND EQUIPMENT.

9.6. We reserve the right to make changes to the material, detail or to the competition, discount scheme and prices described in it at any time and without any notice. We reserve the right to modify (temporarily or permanently) the competition and discount scheme from time to time, for any reason, and without notice. In any such case we shall not be held liable for any such modification.

9.7. We will not be liable if for any reason all or any part of the website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the site, or the entire site, to users, including registered users.

9.8. We provide no further warranties other than the ones specifically agreed to in these terms and conditions. All express, implied and statutory warranties on the part ofProscale are hereby expressly disclaimed and limited to the fullest extent permitted by law.

9.9. While every effort is made to meet our customers’ demands, we shall have no liability to you for any delay in the start of the competition or any other matters to the extent that the delay is due to any event outside our reasonable control (including but not limited to the following: acts of God, acts of war and riots, commercial strikes, public holidays and disruption to business, accidents affecting the transit of goods and ancillary problems encountered by third parties forming an integral part of the supply chain and other cases of force majeure). It is hereby acknowledged that delivery may also be delayed when such delay is caused by yourselves.

9.10. We shall have no liability (including liability for negligence) for the acts or omissions of telecommunications service providers or for failures of, or fault in, their networks and equipment.

9.11. This website may contain links to external websites (outside the [-] domain). Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites, and we shall not be liable for any content, material or information which are featured in such websites. Any appearance of any hyperlink and reference to any third-party website are not tantamount to our endorsement of the websites or the related companies, their products or services. Your use of a third-party website may be regulated by the terms and conditions of that third party website.

9.12. While we consider internet security to be a serious matter, worthy of due consideration, and while we will also do our utmost to ensure that the website is accurate, up-to-date and free from bugs, we cannot guarantee that the website and its server is free of errors, viruses, worms, Trojan Horses or any other malicious software. We shall not be responsible for any damage you may suffer as a consequence of such harmful and unintended features.

9.13. You should consult with your own qualified health practitioner before engaging in the competition. The loss of weight can be risky in certain circumstances and you must take any necessary precautions to avoid any risks. You assume any and all risks for your participation in the competition.

9.14. Proscale shall not in any way be held liable for any illness, injury or death in any way linked to the competition.

10. Communication

10.1. When you visit bethechallenge.eu or send e-mails [email protected] us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by email or through notices on this site or via written communication sent to your address as listed in your user account. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You also agree that e-mail and or the telephone numbers as provided by yourself can be used as a long distance means of communication. By providing us with your email address (by voluntarily creating a user account with us and/or buying products from our website) you consent to receiving electronic communication directly from us.

11. Intellectual Property

11.1. Content found on this website is the exclusive property of Proscale and is governed accordingly by intellectual property laws and no part of the site may be copied, reproduced or used in anyways.

11.2. “Intellectual Property” includes our rights in regard to patents, database rights, copyright, design rights (whether registered or unregistered), trade marks (whether registered or unregistered) and other similar rights, together with the right to apply for the protection of any such rights. All Intellectual Property rights in the website shall be owned by us absolutely.

11.3. Subject to the right granted to you to use the website, Proscale reserves all rights, title and interest in its Intellectual Property rights in the website. Any goodwill accruing from use of Proscale and its affiliates’ trademarks, trade and business names and service marks under these terms and conditions will vest in Proscale and its affiliates, as appropriate.

12. Information Provided by You

12.1. Any personally identifiable information you may provide to Proscale via this website and the features/facilities within as to be regulated by our Privacy Policy (which may be found on this link: https://www.bethechallenge.eu/privacy-policy/ and which you hereby confirm that you have read and understood and with which you are in full agreement.

13. Applicable Law and Jurisdiction

13.1. This is a Maltese website and is subject to the laws of the Republic of Malta. Every purchase you make shall be deemed to be performed in Malta and the laws of Malta shall govern every aspect of the electronic contractual agreement between you and Proscale concerning purchases made from this website.

13.2. All disputes arising from the use of this website and/or electronic contractual agreements between you and Proscale shall be subject to the exclusive jurisdiction of the Maltese courts.

14. Customer Services

If you have any queries, please feel free to contact us.
Proscale Marketing
Address: Jackaroo, Tumas Galea Street, Luqa, Malta
Contact: +35699999572
Email: [email protected]

15. Miscellaneous

15.1. No waiver by us of any breach of these terms and conditions shall be considered as a waiver of any subsequent breach of the same or any other provision.

15.2. We reserve the right to terminate this agreement immediately and without notice to you if (any without refunding you for any payments made):

15.2.1. you fail to make any payment to us when due;

15.2.2. you breach the terms and conditions listed here;

15.2.3. when requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity;

15.2.4. we suspect you have engaged, or about to engage, or have in any way been involved, in fraudulent or illegal activity on the website.

15.3. These terms and conditions supersede any and all other conditions, understandings, commitments, agreements or representations (except fraudulent misrepresentations) relating to the competition or your purchase of the discount card, whether oral or in writing, and contain the entire agreement between Proscale. Proscale advises that you print off and keep safe a copy of these terms and conditions once the contract has been concluded in terms of these terms and conditions. We will store a copy of the contract entered into by you. You are advised to read (and are responsible for reading) fully all information on this website.

15.4. If any provision of these terms and conditions shall be held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the remaining parts of these terms and the remainder of the affected provision shall be unaffected.