« Back to Get Fit Challenge Page
RULES AND REGULATIONS Your Competitor Guide (“Guide”) in the 2012 XSport Get Fit Challenge (“Challenge”) submitted to XSport Personal Training, LLC. (“Sponsor” or “XSport PT”) and all information and materials submitted with the Guide become the sole and exclusive property of XSport Fitness (defined below). You must be a member in good standing of an XSport Fitness facility continuously throughout the duration of the Challenge (90 days) and at the time of award, fill out and submit a Guide and meet all other Challenge requirements to participate and be eligible to win including without limitation training individually with an XSport PT personal trainer a minimum of 12 times pursuant to an XSport PT individual personal training contract, and purchasing (by March 21, 2012) and using nutritional supplements identified on page 11(“Get Fit Supplements”), during the 90 days as provided in these Rules and Regulations.
EACH CHALLENGE COMPETITOR (“COMPETITOR” OR “PARTICIPANT”) ACKNOWLEDGES THAT PARTICIPATION IN EXERCISE, NUTRITION AND/OR SUPPLEMENT ACTIVITIES AND PROGRAMS (SUCH AS WILL BE INVOLVED IN THE XSPORT GET FIT CHALLENGE) INVOLVES RISK OF LOSS, INJURY AND MEDICAL DISORDERS AND BY ENTERING AGREES TO ASSUME ALL SUCH RISK OF INJURY, DISORDER OR LOSS OF ANY KIND ARISING FROM PARTICIPATION IN OR OTHERWISE RELATING TO THE XSPORT GET FIT CHALLENGE. Consult with your physician or health care provider before starting any new exercise or supplementation or other nutrition program such as the XSport Get Fit Challenge, particularly, but without limitation, if you suffer from any medical condition or use prescription or over-the-counter medications. If you are not experienced with strength training, or if you are changing your exercise or supplement program, consult with a physician. BY ENTRY AND/OR PARTICIPATION IN THE XSPORT GET FIT CHALLENGE, EACH CHALLENGE PARTICIPANT IN THE XSPORT GET FIT CHALLENGE, ON BEHALF OF PARTICIPANT AND OF PARTICIPANT’S HEIRS, EXECUTORS, REPRESENTATIVES, ASSIGNS, ADMINISTRATORS AND NEXT OF KIN, RELEASES SPONSOR, CAPITAL FITNESS, INC., XSPORT NUTRITION, INC. AND THEIR AFFILIATED COMPANIES (ALL SUCH ENTITIES REFERRED TO AS ”XSPORT FITNESS”), AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, MANAGERS AND EMPLOYEES (XSPORT FITNESS TOGETHER WITH SUCH OTHER DESCRIBED PARTIES REFERRED TO AS “RELEASED PARTIES”) FROM ALL RISK, LOSS, INJURY, DAMAGE, CLAIMS, LIABILITIES OR HARM, WHETHER TO PERSON, PROPERTY, REPUTATION, OR OTHER THING, TANGIBLE OR OTHERWISE, (INCLUDING WITHOUT LIMITATION PERSONAL INJURY AND DEATH) THAT MAY ARISE FROM PARTICIPATION IN OR OTHERWISE RELATE TO THE XSPORT GET FIT CHALLENGE INCLUDING, WITHOUT LIMITATION, THE NEGLIGENT OR OTHER ACTS OR OMISSIONS OF ANY OF THE RELEASED PARTIES OR THE DELIVERY, MISDELIVERY, ACCEPTANCE, POSSESSION, USE OR MISUSE OF A PRIZE. By your entry and/or participation in the XSPORT GET FIT CHALLENGE, you represent that you signed a currently existing XSport Fitness/Capital Fitness, Inc. membership agreement effective throughout your participation (“Membership Agreement”) and that you are a member throughout your participation. Notwithstanding anything in these Rules and Regulations (“Rules’) or the Guide, you reaffirm the provisions of, your agreements in and your understanding of the warnings in the Membership Agreement.
Challenge Participants must notify Sponsor in writing of any change of address or phone number. Participants who cannot be reached within 10 (ten) days at the address or phone number in their submitted Competitor Guide may be disqualified in Sponsor’s sole discretion. Participant understands and acknowledges that, as individuals differ, physical results of participation in the Challenge will differ from individual to individual even when using the same program.
Submission of your official Competitor Guide in the XSport Get Fit Challenge (which contains the Official Entry Form) constitutes your irrevocable and unrestricted consent and permission for XSport Fitness, and any of its affiliated companies, to use your name, photographs and written essays and responses (in whole or in part) for promotional and/ or advertising purposes to promote Sponsor, Capital Fitness, Inc., XSport Fitness Inc., XSport Nutrition Inc., their respective business, any XSport Get Fit Challenge or for any other purpose, in any media and any manner whatsoever, without limitation or restriction, and such consent is deemed given by your entry and/or participation in the XSport Get Fit Challenge. Submission of your Competitor’s Guide shall be deemed your acceptance of these Rules (as may be amended from time to time by Sponsor in its discretion) and your voluntary transfer to XSport Fitness of all right, title and interest in, including without limitation copyright of, your photographs and written essays and responses.
The Sponsor has the right to interpret these Rules and resolve any disputes, conflicting claims or ambiguities concerning the Rules or any other aspect of the Challenge. The Sponsor may waive any of these Rules, and may authorize the substitution of supplement products, in its sole discretion. By participating in the Challenge or accepting a prize, each Participant, finalist and award recipient agrees (i) to be bound by the decisions of Sponsor, (ii) that the Sponsor has the right, in its sole discretion to disqualify any participant, finalist or award recipient and may refuse to award any prize to a person who is ineligible or has violated any Rule, gained unfair advantage in participating in the Challenge, or obtained winner status using fraudulent means and (iii) that all decisions concerning the Challenge made by Sponsor are final and binding on participants, finalists and award recipients.
Duration, Timeliness, Deadlines and XSport PT Personal Training and Supplement Purchase and Use
• The XSport Get Fit Challenge is a 90 day program.
• The XSport Get Fit Challenge will begin on February 1, 2012. Prior to that date, Participant must weigh-in at one of the select locations on January 30th or January 31st from 4 PM to 8 PM or January 28th or January 29th from 9 AM to 12 PM.
• Participants need to complete, and submit to Sponsor, by January 31 the entry form consisting of pages 2 and 3 (including having their beforepicture taken) to begin the XSport Get Fit Challenge .
• Participant must train individually with an XSport PT personal trainer a minimum of 12 individual sessions over the duration of the Challenge (90 days) pursuant to a personal training contract executed by Participant and use Get Fit Supplements during the 90 days. Supplement sales receipts corresponding to at least an 90-day supply of two different Get Fit Supplement products identified on page 1 and dated between January 1, 2012 and March 21, 2012 must be submitted at weigh-out to XSport with your after picture.
• The XSport Get Fit Challenge will end on April 30, 2012.
• Upon completing the 90 day program, Participant must complete the weigh-out process at the club Participant weighed in at on April 27th from 4 PM – 8 PM or April 30th from 4 PM – 8PM or April 28th from 9 AM – 12 PM or April 29th from 9 AM – 12 PM, have after-picture taken and submit the essay and supplement sales receipts on the day they weigh out.
How You Will Be Judged
Participants will be judged by % of weight loss as compared to starting weight. In the event that there is a fraction of a number, the number will be rounded up or down to the nearest whole number. Please see below for detailed explanations on the judging criteria. To be eligible and in consideration for finalist and grand final and award selection, all participants must: participate in the registration process on January 28th –January 31st, and the “Weigh Out” process April 27th – April 30th, have their starting and final weight taken, and have their before and after pictures taken, and write an essay.
• Physical Results (% of weight loss as compared to starting weight)
• In the event that there is a fraction of a whole number on % of weight loss compared to starting weight, the number will be rounded up or down to the nearest whole number with measurements .5 or over being rounded up and under .5 being rounded down.
• Example (Beginning Statistics):
• Contestant Weight: 150 Pounds
• Example (Ending Statistics):
• Contestant Weight: 135 Pounds
• Example Points Calculation:
• 15 pounds of weight loss
• 15 pounds of weight loss / 150 pounds starting weight
• 10% weight loss
• In the event of a tie after the Physical Results, participants will be judged by a panel of Sponsor Representatives on the essay written by the Participant. The total # of points possible for the judging of the essay is 20 points. The criteria for this judging are as follows:
o Goals of, and the get-fit program designed by, Competitor must be clearly stated
• 5 Points
o Impact the XSport trainer had on accomplishing said goals
• 5 points
o Impact the XSport Nutritional supplements and accessories (e.g., goods and equipment from the XSport retail store) had on said goals
• 5 points
o Creativity, clarity and originality in composition of essay
• 5 points.
• Each participant shall enter one, and only one, essay. The essay must be typed or computer-printed, double-spaced, and in English. Essays must be original, not in the public domain, factually accurate, and must not infringe or violate any law or the legal or equitable right of any person or entity, nor contain material that infringes or violates any personal property rights of others or that constitutes defamation, invasion of privacy, or is otherwise unlawful. Sponsor has the right to disqualify any essay entry deemed inappropriate for publication, at its discretion. Essays will be judged on the criteria set forth above and become the sole property of XSport Fitness.
• In the event of a tie after the Physical Results and essay results, the corresponding monetary awards will be combined and shared equally.
• No more than $15,000 total will be awarded nationwide and no more than one membership extension per category will be awarded. Additional Details on Eligibility and Otherwise
• Each Participant must complete a full 90 day program, must be a member in good standing at an XSport Fitness facility continuously from the start of the challenge through the dates of selection in to order participate and to be eligible to win at any level and must be at least 18 years of age before starting the challenge.
• Participant must train individually with an XSport PT personal trainer a minimum of 12 times pursuant to an XSport PT individual personal training contract, and purchase (between January 1, 2012 and January 31, 2012) and use Get Fit supplements, during the 90 days (see further details above under Duration, Timeliness, Deadlines and XSport PT Personal Training and Supplement Purchase and Use).
• Participant must timely return completed Guide booklet, submit essay and supplement receipts.
• Where category is applicable, each category (i.e., male and female) must have a minimum of 5 eligible finishing participants at each XSport Fitness facility. If a category at a facility has less than 5 finishers, finishers in that category will be entered into a category at another facility in order to produce a category with at least 5 eligible finishers.
• In order to receive a prize, Participant must be a member in good standing of an XSport Fitness Facility at the time such prize is presented.
• Employees of any XSport Fitness entity, along with their spouses and immediate family members and their spouses, persons living in the same household (whether or not related) of any such employees and previous XSport Get Fit Challenge monetary prize recipients may participate but are not eligible to win and will not be counted for purposes of determining categories. The term “immediate family member” means spouses, grandparents, parents, siblings, children, and grandchildren.
Miscellaneous
• All winners will be responsible for all applicable taxes; prizes are not transferable; there will be no substitutions for the prizes. Participants will be coming from numerous or all XSport Fitness facilities throughout the country. The likelihood of winning a prize will depend upon the number of participants and improvement of other participants (and, in case of ties, quality of all other essays) as judged by the criteria stated above. Competition is subject to all applicable laws and regulations and is void where prohibited or restricted by law. If requested by Sponsor, within 10 days of the date specified in the notification from Sponsor, finalists will be required to execute and deliver an affidavit of originality, eligibility and compliance with Rules, the failure of which will result in disqualification and the prize being awarded to an alternate. Finalists must provide a street address where Sponsor can mail the finalists an affidavit of eligibility, and if applicable, a tax form. All issues and questions concerning the constitution, validity, interpretation and enforceability of these Rules, or the rights and obligations of the Participant and the Sponsor in connection with this Challenge, shall be governed by, and construed in accordance with, the laws of the State of Illinois without giving effect to any choice of law or conflict of law rules (whether of the State of Illinois, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Illinois.
Note 1: If, for purposes of the 2012 XSport Get Fit Challenge, you attempt to purchase a Get Fit Supplement that is listed on page 1 and that is out of stock at the time of attempt at that particular XSport Fitness facility, see an XSport PT personal trainer or other XSport Fitness sales representative about authorizing a substitute supplement purchase at that gym.
