Advertising: Planet Fitness Sheds Aspirational Approach





COMMERCIALS for gyms tend to feature actors who look like Calvin Klein underwear models, with physiques that most will not achieve no matter how long they spend on an elliptical machine.




Planet Fitness, a national chain of about 600 fitness clubs, is introducing a campaign that mocks fitness fanatics, especially those whose devotion infringes on others.


A new commercial opens with a slight woman who is curling small dumbbells in a drab gym as a brawny man berates her like a drill sergeant.


“If you can’t handle a big girl’s workout, the little girl’s gym is right across the street!” shouts the man, a whistle hanging around his neck and his hands balled into fists, as the woman appears to be on the brink of tears. “If you were committed to this workout the way you committed to that morning doughnut, you’d be puking out your ears right now!”


The spot cuts to a flashing light and siren and the words “Lunk Alarm,” and then to the same woman in street clothes being given a tour of a Planet Fitness facility.


“And that’s why I don’t like gyms,” she says.


“Well,” begins the employee showing her around, “we’re not a gym — we’re Planet Fitness.”


The ad closes with a voice-over, which says: “No gymtimidation. No lunks. Just $10 a month.”


The ad, by Red Tettemer & Partners in Philadelphia, will be introduced widely on Jan. 10. Three other spots in the campaign follow the same structure, opening with overbearing gym rats and closing with assurances that Planet Fitness is more laid back.


Planet Fitness will spend an estimated $10 million to $12 million on the campaign. It spent $15.8 million on advertising in the first nine months of 2012, more than the $14.9 million it spent in all of 2011, according to Kantar Media, a unit of WPP.


Rather than being just a narrative device in the spots, lunk alarms have actually been fixtures at Planet Fitness gyms. Members who exhibit lunk behavior, which the company defines on posters in its facilities as grunting, dropping weights loudly and being judgmental, are subject to a public shaming when a manager at the facility sounds the alarm.


In some cases, Planet Fitness even revokes memberships, as it did at a location in Wappingers Falls, N.Y., in 2006. Albert Argibay, a bodybuilder whose exertions were considered grunting by Planet Fitness, but which Mr. Argibay countered in news accounts as merely heavy breathing, kept lifting after he was told to leave, and was eventually escorted from the premises by police officers.


While the slogan “No Gymtimidation” is being introduced with the new campaign, the company has for years promised what it calls a “judgment-free zone.” That, in the words of the Planet Fitness Web site, “means members can relax, get in shape, and have fun without being subjected to the hard-core, look-at-me attitude that exists in too many gyms.”


Jamie Medeiros, director of marketing at Planet Fitness, said that only about 15 percent of Americans belonged to gyms, and that the company was focused not on trying to lure consumers from other facilities but on enticing those who had avoided gyms altogether.


“We go after the 85 percent who don’t belong to a gym now or who have never belonged to a gym,” Ms. Medeiros said.


While many chains sell protein powders and a wide range of supplements, Planet Fitness takes the counterintuitive approach of serving the type of food that dieters typically avoid.


Every month members are treated to pizza on the first Monday night and bagels on the second Tuesday morning, while Tootsie Rolls are handed out daily.


“The common person doesn’t have time to work out every day, and they may not aspire to the type of person who has six-pack abs and eats egg whites,” Ms. Medeiros said. “But we want to be the type of facility that people want to go to as opposed to, ‘Oh my god, I have to go to the gym today!’ ”


The company has thrived even during the economic downturn, growing to four million members today from about 3.2 million a year ago, according to Ms. Medeiros. About 60 percent of its members are women, much higher than what Ms. Medeiros said is the national average of 20 percent.


Health clubs, like cellphone carriers, tend to sell one- or two-year contracts, but Planet Fitness instead has a month-to-month plan, at $10 monthly, which the company believes knocks down a barrier to joining.


Among consumers who exercise, 71 percent agreed with the statement that fitness clubs were too expensive, according to a survey by Mintel, a market research firm. As for the atmosphere, only 27 percent said that they enjoyed the social aspects of gyms.


When brands hire celebrity endorsers and attractive models, marketers typically refer to the advertisements as aspirational, meaning that consumers do not see themselves reflected in the ad as much as an ideal to which they aspire. But Steve Red, the chief creative officer of Red Tettemer & Partners, said the aspirational approach can backfire when it comes to promoting health clubs.


“I’m never going to get to be that washboard-stomach, super-cut guy that I see in the Equinox ads,” said Mr. Red, referring to the chain of upscale gyms. “There are a ton of gym brands that are all about being cut and sinewy and having a six-pack, but I would argue that approach is not aspirational — it’s inaccessible.”


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In Victory for Google, U.S. Ends Antitrust Investigation





WASHINGTON — The Federal Trade Commission on Thursday found that Google had not violated antitrust or anticompetition statutes in the way it structures its Web search application — handing a big victory to the search giant in its ongoing dispute with regulators.




But the commission found that Google had misused its broad patents on cellphone technology, and ordered Google to make that technology available to rivals.


Google’s competitors, including Microsoft, have pressed vigorously for federal officials to bring an antitrust case involving its search business. Last year, an F.T.C. staff report recommended that the commission bring such a case.


The F.T.C. found that although Google sometimes favors its own products when producing search results with its ubiquitous search engine, its actions were “not undertaken without legitimate justification,” said Jon Leibowitz, the F.T.C. chairman.


Google agreed, however, to take certain actions to address what Mr. Leibowitz called “the most problematic business practices,” those that “relate to search in search advertising.”


The trade commission’s inquiry has been going on for at least a year and a half. Google disclosed in June 2011 that it had received formal notification from the commission that it was looking into Google’s business practices.


Google has long defended its search business, saying that it offers results that are most relevant to consumers and that the “competition is just a click away.” It contends that users who believe a Google search is not meeting their needs can easily move to another search engine, like Microsoft’s Bing.


Google has also said that the barriers to entry into the search business are so low that it cannot abuse its market power, even though it has more than a 70 percent share of the search business in the United States.


Companies that rely on Google to drive traffic to their sites have complained that Google adjusts its search algorithm to favor its own growing number of commerce sites — including shopping, local listings and travel.


But the trade commission faced an uphill battle in proving malicious intent — that Google changes its search algorithm to purposely harm competitors and favor itself. Antitrust lawyers say anticompetitive behavior cannot be proved simply by showing that a change in the algorithm affects other Web sites and causes sites to show up lower in results, even though studies have shown that users rarely look beyond the first page of search results.


The commission was pressing to wrap up its case before Monday, when a new commissioner will be sworn in, a development that could have affected the result of the Google investigation. Joshua D. Wright, a professor at George Mason University, was confirmed by the Senate this week to take one of the two Republican spots on the five-member commission. Mr. Wright had previously said he would recuse himself from any Google matters for two years, because he has done work for or about the company including co-authoring a paper arguing that Google has not violated any antitrust statutes.


Mr. Wright will replace J. Thomas Rosch, a commissioner since 2006. If the Google case were not settled by Monday, the commission faced the prospect that a vote on whether to charge Google would deadlock at 2-2.


The commission voted 4-1 to settle the patent charges, and voted 5-0 to close its antitrust and competition investigation.


“The F.T.C.’s credibility is eroded when confidential details of internal discussions are revealed to the media, as has continually been the case in the investigation of Google,” Senator Ron Wyden, Democrat of Oregon, said in a Nov. 26 letter to Mr. Leibowitz, the commission chairman. Mr. Wyden also said there was plenty of evidence that adequate competition exists in the search business. He cited the recent introduction of competitors like DuckDuckGo, which has a no-tracking privacy policy inspired by some consumers’ complaints about the tracking of consumer behavior that Google and other search engines perform.


“Compared to almost any other market in the history of antitrust regulation, online search has effectively zero barriers to entry,” Mr. Wyden said.


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More Than 60,000 Have Died in Syrian Conflict, U.N. Says


Muhammad Najdet Qadour/Shaam News Network, via Reuters


Buildings said to have been damaged by a Syrian Air Force fighter jet in Binsh, Syria, near Idlib, on Wednesday.







GENEVA — More than 60,000 people have died in Syria’s 22-month-old civil war, the United Nations’ human rights chief, Navi Pillay, said on Wednesday, expressing dismay at the findings of an analysis that far exceeds previous estimates of casualties.




“The number of casualties is much higher than we expected, and is truly shocking,” Ms. Pillay, the United Nations high commissioner for human rights, said in a statement that condemned the government of President Bashar al-Assad for the scale of the carnage and sharply admonished the United Nations Security Council for failing to act.


"The failure of the international community, in particular the Security Council, to take concrete actions to stop the bloodletting, shames us all,” she said.


An “exhaustive analysis” of casualties in Syria documented 59,648 killings between mid-March 2011 and the end of November, Ms. Pillay reported. “Given there has been no letup in the conflict since the end of November, we can assume that more than 60,000 people have been killed by the beginning of 2013,” she added.


Ms. Pillay’s comments coincided with reports that an airstrike on a gas station in Damascus, the Syrian capital, on Wednesday may have killed dozens and injured many more, while heavy fighting around the northern city of Aleppo had forced closure of its international airport.


The analysis of deaths in Syria, described by Ms. Pillay as the most detailed and wide ranging to date, was based on a study of seven data sets, including one from the Syrian government, conducted on behalf of the United Nations human rights office by Benetech, a nonprofit technology company whose three earlier analyses of Syrian casualties used fewer data sets.


The analysis, which took five months to complete, drew from a combined list of 147,349 reported killings. Duplicate listings were excluded, as was any report that did not include at least the first and last name of the victim and the date and location of the death. In the end, the analysts came up with a unique record of 59,648 conflict-related deaths as of Nov. 30, 2012. Given that the total excluded reports with insufficient detail, the true toll could easily be higher.


The Syrian Observatory for Human Rights, a rebel group that tracks the war and is based in Britain, reported two days earlier that more than 45,000 people, mostly civilians, had been killed. The United Nations said its data could not distinguish between civilians and combatants, but, like the observatory, it concluded that the rate of killings had accelerated. The death toll had climbed from around 1,000 a month in the summer of 2011 to more than 5,000 a month since July, the report for the United Nations said.


“This massive loss of life could have been avoided if the Syrian government had chosen to take a different path than one of ruthless suppression of what were initially peaceful and legitimate protests by unarmed civilians,” Ms. Pillay said.


Most of the killings occurred in Homs (12,560), Damascus and its environs (10,862) and Idlib (7,686), with those three areas accounting for about half the total, followed by Aleppo, Dara’a and Hama. Around three-quarters of those killed were male, the analysis found.


“Unless there is a quick resolution to the conflict, I fear thousands more will die or suffer terrible injuries as a result of those who harbor the obstinate belief that something can be achieved by more bloodshed, more torture and more mindless destruction,” Ms. Pillay said.


Her comments echoed warnings in the past week by Lakhdar Brahimi, the United Nations and Arab League mediator for Syria, that Syria must achieve a political solution or face “hell,” with the danger that 100,000 people could die in 2013 if the conflict was not halted.


Mr. Brahimi spoke after visits to Moscow and Damascus at the end of last month in his latest push to kick-start stalled negotiations on a transitional government based on the formula agreed to in Geneva in June 2012, but his efforts have attracted scant support from Syrian opposition groups.


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How to Sync All Your Calendars Onto One Smartphone






It’s a simple request: I just want my online calendars to sync with my smartphone… is that too much to ask? It took some initial research and finesse, but I’ve discovered the best ways to get your Yahoo and Google calendars to appear on either an Android or Apple IOS mobile device.


Google Calendar on Android Phone
When you first set up your Android phone, you had to create or enter your Google account info, so the phone already has the login info for your Google Calendar. Now you can go to your phone’s Settings, choose Accounts, click the Google account and then make sure “Sync Calendar” is checked. Then go to the Calendar App on your Android phone and it should be there.






For multiple calendars, hit the Settings button and then Calendars to customize which Google calendars you see.


Yahoo Calendar on Android Phone
Although it seems like it should be easy to add the Yahoo Calendar to your Android, I never got mine to sync. Theoretically, you would open the Android calendar on your phone, hit the Settings option, and Add Account. But depending on the flavor of Android I tried, I either couldn’t add a Yahoo account or when I did, it didn’t sync. It could just be me, but I found a lot of people online with the same issue. So I tried one of the most recommended apps to solve the problem – Smoothsync for Yahoo. It costs just under three dollars, and once you install it, you can sync all your Yahoo calendars into the native Android calendar. Ah, sweet relief.fbc19  uyl ep96 large How to Sync All Your Calendars Onto One Smartphone


[Related: New Tricks for New (and Old) Androids]


Yahoo Calendar on iPhone
On your IOS device, hit Settings. If you haven’t added your Yahoo Account yet, do so by going to Mail, Contacts, Calendars. Choose “Add Account.” Once you’ve input your Yahoo login info, the next screen gives you the option to Sync Mail, Contacts, and Calendars. Make sure calendars is on. Hit the Home button, open the IOS calendar. Hit the Calendars button on the top corner and you will see all your calendars listed under Yahoo. If you only have one Yahoo calendar, make sure you check to have it show in your IOS Cal. Also, many people have multiple Yahoo calendars: a family calendar, a work calendar, a soccer team calendar for the kids, and a personal calendar. You can customize which of these Yahoo Calendars show up by checking or unchecking them in this screen.


Google Calendar on iPhone
It’s a little more complicated, but you can also put a Google or Gmail calendar on the iPhone. Here’s how:


If you only have your one personal Google calendar to sync, you do things the same way as with Yahoo: Go to Settings on your IOS device, add your Google account (if you haven’t done so yet) by going to Mail, Contacts, Calendars. Choose “Add Account.”


Once you’ve input your Google login info, the next screen gives you the option to Sync Mail, Contacts, and Calendars. Make sure Calendars is on. Hit the Home button, then open the IOS calendar. Hit the Calendars button on the top corner and you will see your calendar listed under Google. You can track those Google dates in the IOS calendar and multiple Yahoo calendars at the same time.


But if you want multiple Google calendars, you need an app for that. Google does let you do this through their mobile site, but that’s basically just a website without the power of notifications and all the extras you like from your calendars. So I suggest getting the CalenMob app. It’s free with ads or $ 5 ad-free. It syncs all your Google calendars to the app (not the native IOS calendar) and adds in notification options, SMS functions and email alert options. It also syncs simultaneously to your Yahoo calendars.


[Related: True/False: Never Sell Your Old Phone]


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Paparazzo killed after taking shots of Bieber car


LOS ANGELES (AP) — A paparazzo was struck and killed by a car while darting across a street after taking pictures of Justin Bieber's Ferrari when it was pulled over along a freeway in Los Angeles, police said Wednesday.


Bieber was not in the car at the time. The singer later said his prayers were with the family of the 29-year-old photographer who was pronounced dead at a hospital shortly after the accident late Tuesday afternoon.


His name was withheld by police pending notification of relatives.


"Hopefully this tragedy will finally inspire meaningful legislation and whatever other necessary steps to protect the lives and safety of celebrities, police officers, innocent public bystanders, and the photographers themselves," Bieber said in the statement released by Island Def Jam Music Group.


The death came about six months after another photographer was charged with reckless driving and with violating a 2010 California law that toughened punishment for those who drive dangerously in pursuit of photos for commercial gain.


However, a judge later dismissed the paparazzi law charges, saying the law was overly broad and violated First Amendment free-speech protections.


On Tuesday, a friend of Bieber's was behind the wheel of the Ferrari registered to the singer when a California Highway Patrol officer pulled it over for speeding along Interstate 405, authorities said.


"This photographer evidently had been following the white Ferrari" and when it was pulled over he stopped, parked and crossed the street to snap photos, Walton said.


The photographer stood on a low freeway railing to shoot photographs of the traffic stop over a chain-link fence, authorities said.


"The CHP officer told him numerous times that it wasn't safe for him to be there and to return to his vehicle," Walton said.


After the officer issued the traffic ticket and the Ferrari left, the photographer began to run back across the street to his car when he was struck by a Toyota Highlander, Walton said.


The driver, a 69-year-old Los Angeles woman, had two small grandchildren in the back seat.


It was not immediately clear how fast she was going. The photographer was carried about 30 feet on the hood of her car, Walton said.


"The windshield was smashed in her car and there was glass all over the front seat" but no blood, Walton said.


The motorist was distraught after the crash. She and the children were taken away by her husband.


She was not believed to be at fault for the accident and was unlikely to be cited, police said.


"There were no sidewalks on the street there, there was no crossing place for a pedestrian, there was no reason to expect a pedestrian," Walton said.


The street also was dark and winding, he added.


"It would have been very difficult for her to see him," Walton said.


It was not immediately clear whether the photographer was a freelancer or full-time professional, although he was carrying expensive camera gear and had connections to a photo agency, Walton said.


In the previous incident, photographer Paul Raef was charged in July with reckless driving and also with violating the paparazzi law that set a maximum penalty of six months in jail and a $2,500 fine.


Authorities said Raef was arrested after Bieber was chased in another car on Interstate 101 at speeds up to 80 mph.


However, Los Angeles Superior Court Judge Thomas Rubinson dismissed the paparazzi law charges.


The law was prompted by the experiences of Jennifer Aniston, who provided details to a lawmaker on being unable to drive away after she was surrounded by paparazzi on Pacific Coast Highway.


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Well: Good and Bad, the Little Things Add Up in Fitness

Phys Ed

Gretchen Reynolds on the science of fitness.

The past year in fitness has been alternately inspiring, vexing and diverting, as my revisiting of all of the Phys Ed columns published in 2012 makes clear. Taken as a whole, the latest exercise-related science tells us that the right types and amounts of exercise will almost certainly lengthen your life, strengthen your brain, affect your waistline and even clear debris from inside your body’s cells. But too much exercise, other 2012 science intimates, might have undesirable effects on your heart, while popping painkillers, donning stilettos and sitting and reading this column likewise have their costs.

With New Year’s exercise resolutions still fresh and hopefully unbroken on this, day two of 2013, it now seems like the perfect time to review these and other lessons of the past year in fitness science.

First, since I am habitually both overscheduled and indolent, I was delighted to report, as I did in June, that the “sweet sport” for health benefits seems to come from jogging or moderately working out for only a brief period a few times a week.

Specifically, an encouraging 2012 study of 52,656 American adults found that those who ran 1 to 20 miles per week at an average pace of about 10 or 11 minutes per mile — my leisurely jogging speed, in fact — lived longer, on average, than sedentary adults. They also lived longer than the group (admittedly small) who ran more than 20 miles per week.

“These data certainly support the idea that more running is not needed to produce extra health and mortality benefits,” Dr. Carl J. Lavie, a cardiologist in New Orleans and co-author of the study told me. “If anything,” he said, “it appears that less running is associated with the best protection from mortality risk.”

Similarly, in a study from Denmark that I wrote about in September, a group of pudgy young men lost more weight after 13 weeks of exercising moderately for about 30 minutes several times a week than a separate group who worked out twice as much.

The men who exercised the most, the study authors discovered, also subsequently ate more than the moderate exercisers.

Even more striking, however, the vigorous exercisers subsequently sat around more each day than did the men who had exercised less, motion sensors worn by all of the volunteers showed.

“They were fatigued,” said Mads Rosenkilde, a Ph.D. candidate at the University of Copenhagen and the study’s co-author.

Meanwhile, the men who had worked out for only about 30 minutes seemed to be energized by their new routines. They stood up, walked, stretched and even bounced in place more than they once had. “It looks like they were taking the stairs now, not the elevators, and just moving around more,” Mr. Rosenkilde said. “It was little things, but they add up.”

And that idea was, in fact, perhaps the most dominant exercise-science theme of 2012: that little things add up, with both positive and pernicious effects. Another of my favorite studies of 2012 found that a mere 10 minutes of daily physical activity increased life spans in adults by almost two years, even if the adults remained significantly overweight.

But the inverse of that finding proved to be equally true: not fitting periods of activity into a person’s daily life also affected life span. Perhaps the most chilling sentence that I wrote all year reported that, according to a large study of Western adults, “Every single hour of television watched after the age of 25 reduces the viewer’s life expectancy by 21.8 minutes.”

I am watching much less television these days.

But not all of the new fitness science I covered this year was quite so sobering or, to be honest, consequential. Some of the more practical studies simply validated common sense, including reports that to succeed in ball sports, keep your eye on the ball; during hot-weather exercise, pour cold water over your head; and, finally, on the day before a marathon, eat a lot.

But when I think about the science that has most affected how I plan my life, I return again and again to those studies showing that physical activity alters how long and how well we live. My days of heedless youth are behind me. So I won’t soon forget the study I wrote about in September detailing how moderate, frequent physical activity in midlife can delay the onset of illness and frailty in old age. Exercise won’t prevent you from aging, of course. Only death does that. But this study and others from this year underscore that staying active, even in moderate doses, dramatically improves how your aging body feels and responds.

Aging also inspired my favorite reader comment of 2012, which was posted in response to a research scientist’s name. “‘Dr. Head,’” the reader wrote. “That shall be the name of my all-senior-citizen metal band,” which, if its members gyrate and vigorously bound about like Mick Jagger on his recent tour, should ensure themselves decades in which to robustly perform.

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Case Study: A Start-Up’s Dilemma: A Lack of Capital, or Lack of Control





Eatwhatever is a two-step, breath-freshening product created four years ago by a then-26-year-old Australian expatriate named Jacqui Rosshandler. Starting with $60,000 in capital, contracting out production and working solo from her New York apartment, Ms. Rosshandler and her company, Jacquii L.L.C., managed to grab a promising but tenuous toehold in the billion-dollar breath-freshening industry.




THE CHALLENGE Running low on inventory early in 2011 and lacking the money for another production run to fulfill orders to her Web site and restock her Manhattan retail accounts, Ms. Rosshandler feared she would have to shut down her start-up. She had been rejected by bank after bank (some citing her lack of American citizenship). She had decided against asking friends for money — or her parents, who had already helped at the outset — and she had come up dry with venture capitalists. As her prospects dimmed, she started interviewing for jobs.


THE BACKGROUND Ms. Rosshandler was working at a Manhattan events and interior design company when, on New Year’s Day in 2007, she decided that like her father, a successful plastics industry entrepreneur in Australia, she would prefer to work for herself. Her idea: to improve upon a South African product called Odor-Go that she had seen in her native country but nowhere in the United States. Her product would have gel caps to be swallowed, similar to Odor-Go, but it would package them with follow-up mints to be sucked. Plus, her breath-freshening duo would be gluten-free and vegan. “I wanted to be able to take my own product,” she said, explaining that most gel caps are made using meat byproducts. She filed to trademark the name Eatwhatever.


It was her understanding that the way to vanquish bad breath caused by oniony, garlicky foods was to go to the source of the problem, the stomach. Having studied acting and law, not chemistry, Ms. Rosshandler left the product formulation to a contract manufacturer. “Parsley has been used for generations to freshen breath,” she said. “People know, just from everyday life, that freshening the mouth only — especially after consuming pungent foods — doesn’t get rid of the smell that comes from within the stomach. We found that the combination of concentrated organic peppermint and parsley oils, when dissolved in the stomach, provides this fresh feeling from within. Your breath actually smells good, from deep inside, not just superficially from the mouth.”


She hired a package designer and prominently displayed the tagline: 2 Steps to Kissable Breath. Also on the packaging was a cheeky instructional mash-up of the two operative steps (swallow and suck). She was, after all, seeking a young demographic. “I had no idea what I was doing,” said Ms. Rosshandler, laughing.


She began her sales efforts in 2008 by walking into the C.O. Bigelow flagship apothecary store in Manhattan and asking, “Who does the buying here?” She left with a sale. A month or so after Eatwhatever’s debut, a friend in public relations helped her get a mention on DailyCandy’s main page. That brought $20,000 worth of orders to her Web site in 12 hours and generated plenty of buzz. With the help of a distributor, Eatwhatever soon cracked New York retail outlets like Ricky’s, Joe Coffee and Zitomer, a specialty department store; Ms. Rosshandler even opened retail beachheads in Paris and Sydney.


But lacking contracts with mass merchants, sales volume remained low. The company’s annual revenue failed to top $40,000 in 2008, 2009 and 2010. Squeezed for cash, Ms. Rosshandler could not pay for marketing or, eventually, even for her next production run. That is when she interviewed for a job selling high-fashion hair accessories.


THE OPTIONS And then in rode her white knight. Or was he? She had networked her way to Arthur T. Shorin, an investor and former chief executive of the Topps Company, a confectionary company known for its baseball trading cards, who promised candy industry expertise and contacts and an immediate infusion of $250,000, with more to come if justified. But Mr. Shorin’s nonnegotiable terms were stark. In return, he wanted 75 percent of the enterprise. Ms. Rosshandler would retain 25 percent with the opportunity to earn back another 15 percent should certain benchmarks be met. The offer included a salaried job in Mr. Shorin’s New York company, Artuitive, an incubator for start-ups.


Friends advised Ms. Rosshandler against the deal, citing the tough terms, even if she were to rebuild her stake to 40 percent. But Mr. Shorin had impressed her in their exploratory meetings, and she asked herself this question: Isn’t 25 percent of something better than 100 percent of nothing?


WHAT OTHERS SAY Steve Schuster, founder of Schuster Products in Milwaukee, maker of Blitz mints: “Ms. Rosshandler finds herself in a precarious cash-flow position and — typical of many start-up entrepreneurs — may not completely grasp how much money she actually will need to grow her brand to a reasonable level of distribution. Arthur Shorin presents a very shrewd and unique proposition. Basically, he is her lifeline. Shorin, who made a staggering amount of money selling Topps to Michael Eisner’s private equity company, has great knowledge of the candy industry. It is imperative for Ms. Rosshandler to move forward with this proposition.” 


Josh Kopelman, a partner at First Round Capital, Philadelphia: “I believe that entrepreneurs, not investors, create great companies. In my experience, if a founder doesn’t retain meaningful equity at the seed stage, it greatly reduces their motivation and creates a real misalignment between investor and entrepreneur. I’d encourage Ms. Rosshandler to keep looking for alternatives, including the possibility of raising money from her friends. If she believes the company is going to create value and be successful, then she is actually doing her friends a favor by letting them invest — assuming she is candid about the extreme level of risk and that they don’t invest money they aren’t prepared to lose. I’d encourage her to consider tweaking the branding to make it more PG-13 than R-rated, as it might reduce some investor’s unease. I know it’s hard to turn down money — especially when a company really needs it.”


Adeo Ressi, founding member of TheFunded and head of The Founder Institute, an early stage business accelerator based in Silicon Valley: “Ms. Rosshandler should definitely not take this deal. First, she loses complete control of the company, and she can be removed or wiped out of her equity at any moment without notice. Second, the deal is very unusual, so she will never be able to attract other investors again. Third, the round values the operating business under $75,000, around two times revenue. As the terms indicate, she will be an employee of Artuitive, so this deal resembles a generous employment offer rather than a viable investment. This is an angel investment opportunity, and there are the largest number of angel investors in history. The volume of investors is both good and bad. On the positive side, if Ms. Rosshandler dedicates four months and meets with a lot of angels, she will raise $500,000 with a seven-figure valuation. On the negative side, she will need to meet with over 150 angels and waste a lot of time pitching to people that will try to take advantage of her, like Arthur Shorin.”


THE RESULTS Offer your thoughts on the You’re the Boss blog at nytimes.com/boss. Next week, on the blog and on this page, we will give an update on what Jacqui Rosshandler decided to do.


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House Takes On Fiscal Cliff


Joshua Roberts/Reuters


Representative Nancy Pelosi, the minority leader, arrived on Capitol Hill to meet with House Democrats and Vice President Joseph R. Biden Jr. on Tuesday.







WASHINGTON — As the new year began on Tuesday, Congressional efforts to head off tax increases on most working Americans shifted to the House, where members began to pore over details of a plan passed by the Senate in the early morning hours as Republican leaders began the delicate task of assessing the measure’s fate in their chamber.











Molly Riley/Agence France-Presse — Getty Images

Representative Eric Cantor arrived at the Capitol on Tuesday.






J. Scott Applewhite/Associated Press

House Speaker John Boehner of Ohio arrived on Capitol Hill in Washington, on Tuesday.






Alex Brandon/Associated Press

Vice President Joseph R. Biden Jr. on Monday after a meeting with Senate Democrats on the fiscal negotiations.






House Republicans were planning to meet at 1 p.m. to discuss the Senate legislation, cobbled together after furious negotiations between Vice President Joseph R. Biden Jr. and the Republican Senate leader, Mitch McConnell, to avert automatic tax increases for all but the wealthiest Americans and put off, for two months, large cuts to the Pentagon and other areas of government.


Representative Nancy Pelosi of California, the House Democratic leader, said she would also present the plan to House Democrats and Mr. Biden, who helped sell the deal to Senate Democrats on Monday night, was set to meet with members of his party in the House just after noon.


With just two days to go before a new Congress convenes, the House has essentially three choices: reject the bill, pass it as written by the Senate after what is certain to be a robust, even rancorous debate, or amend the bill and quickly return it across the rotunda to the Senate. Should the House choose to amend the measure, it would almost certainly imperil its chances of becoming law before the new Congress convenes. The Senate compromise, which enjoyed wide bipartisan support, was so hard fought and senators do not anticipate taking another vote on it.


Any failure to pass the measure before the 112th Congress ends as of noon Thursday would require the process to start over in the new 113th Congress, meaning the Senate would have to vote again with a changed membership due the departure of several veteran lawmakers and the arrival of newcomers from both parties as a result of victories in the November elections.


But the strong, bipartisan 89-to-8 vote in the Senate about 2 a.m. on Tuesday will put strong pressure on the House to approve the legislation since a defeat would essentially leave the House responsible for a steep series of tax increases and spending cuts that some economists warn could send the nation back into a recession.


Yet it was clear Tuesday morning that many House Republicans were disenchanted with the plan, which, while containing many concessions that angered Democrats, still favors the latter party’s priorities and imposes a tax increase on the wealthiest Americans.


“I am halfway through reading it and haven’t found the cuts yet,” said Representative Trey Gowdy of South Carolina, who generally votes against budget bills. “It’s part medicinal, part panacea, and part treating the symptoms but not the underlying pathology.”


Democrats have their own issues with the measure due to what they see as too many concessions on taxes, making it apparent some combination of Democrats and Republicans will have to come together behind the measure if it is to clear the House and be sent to President Obama for his signature.


Speaker John A. Boehner and Representative Eric Cantor of Virginia, the House majority leader, arrived at the Capitol early Tuesday to begin working, but a spokesman for Mr. Cantor, Doug Heye, said no decision had been made on how to proceed.


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No surprise: YouTube, Angry Birds, Instagram and Facebook among 2012′s top apps









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Playboy Hugh Hefner marries his 'runaway bride'


LOS ANGELES (AP) — Hugh Hefner is celebrating the new year as a married man once again.


The 86-year-old Playboy magazine founder exchanged vows with his "runaway bride," Crystal Harris, at a private Playboy Mansion ceremony on New Year's Eve. Harris, a 26-year-old "Playmate of the Month" in 2009, broke off a previous engagement to Hefner just before they were to be married in 2011.


Playboy said on Tuesday that the couple celebrated at a New Year's Eve party at the mansion with guests that included comic Jon Lovitz, Gene Simmons of KISS and baseball star Evan Longoria.


The bride wore a strapless gown in soft pink, Hefner a black tux. Hefner's been married twice before but lived the single life between 1959 and 1989.


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