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30-DAY SUMMER SHAPE UP CHALLENGE - OFFICIAL RULES


Rules & Regulations

Your digital registration form in the 2019 XSport Fitness 30-Day Summer Shape Up Challenge (“Challenge”) submitted to XSport Personal Training, LLC. (“Sponsor” or “XSport Personal Training”) and all information, photographs and materials submitted for the purpose of this challenge 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 and at the time of award, fill out and submit digital registration form, provide before and after photographs and meet all other Challenge requirements within the challenge 30-day period to participate and be eligible to win including without limitation training individually with an XSport personal trainer a minimum of 4 times pursuant to an XSport individual personal training contract, check-in to an XSport Fitness location a minimum of 16 times and purchasing (by you at XSport Fitness, between your start date and end date (Start date must be between July 1, 2019 and July 31, 2019 and end date must be between July 31, 2019 and August 30, 2019) and using any 2 nutritional supplements (minimum 30-day supply) sold at XSport Fitness (“30-Day Challenge Supplements”), during the Challenge period as provided in these Rules and Regulations. Competitors who choose the Weight Loss category of the competition must also provide their weigh in and weigh out weights with photographs including their digital scale clearly displaying the weigh in and weigh out weights at the same time as the before and after photographs. The same scale must be used for both weigh in and weigh out. The scale must be digital and located on the same hard, level flooring type. 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 30-DAY SUMMER SHAPE UPCHALLENGE) 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 30-DAY SUMMER SHAPE UPCHALLENGE. Consult with your physician or health care provider before starting any new exercise or supplementation or other nutrition program such as the XSport 30-Day Summer Shape Up 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 or cardio training, or if you are changing your exercise or supplement program, consult with a physician. BY ENTRY AND/OR PARTICIPATION IN THE XSPORT 30-DAY SUMMER SHAPE UP CHALLENGE, EACH CHALLENGE PARTICIPANT IN THE XSPORT 30-DAY SUMMER SHAPE UP 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., XSPORT TAN, INC., XSPORT TAN IL, LLC., XSPORT TAN - MERRIFIELD, LLC AND XSPORT TAN - ROOSEVELT, LLC AND THEIR AFFILIATED AND OTHER RELATED 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 30-DAY SUMMER SHAPE UP 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 30-DAY SUMMER SHAPE UP 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 digital registration form, you reaffirm the provisions of, your agreements in and your understanding of the warnings in the Membership Agreement. Challenge Participants must notify Sponsor of any change of address or phone number at www.xsportfitness.com/myxsport. Participants who cannot be reached within 10 (ten) days at the address or phone number in their submitted registration 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 registration in the XSport Fitness 30-Day Summer Shape Up Challenge constitutes your irrevocable and unrestricted consent and permission for XSport Fitness, and any of its affiliated companies, to use your name, photographs of you and your typed statement (in whole or in part and which may be paraphrased by XSport Fitness) for promotional and/or advertising purposes to promote Sponsor, Capital Fitness, Inc., XSport Fitness Inc., XSport Nutrition Inc., XSport Tan, Inc., XSport Tan IL, LLC., XSport Tan - Merrifield, LLC and XSport Tan - Roosevelt, LLC, their respective business, any XSport 30-Day Summer Shape Up Challenge or other contest 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, submission of registration and/or participation in the XSport 30-Day Summer Shape Up Challenge. Submission of your registration 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, photographs of you and your typed statement. 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 submitting a digital registration form, participating in the Challenge or accepting a prize, each Participant, 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 interpret these rules, resolve any disputes, conflicting claims or ambiguities concerning the rules or the Challenge, 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 PERSONAL TRAINING AND SUPPLEMENT PURCHASE AND USE

• The XSport Fitness 30-Day Summer Shape Up Challenge will begin on date of registration as determined by member, July 1, 2019 through July 31, 2019 and continue for the following 30 days, ending between July 31, 2019 and August 30, 2019 as determined by start date (“Challenge period”).
• Participants need to complete, and submit to Sponsor, between July 1, 2019 and July 31, 2019 their digital entry registration form at www.xsportfitness.com/myxsport to begin the XSport 30-Day Summer Shape Up Challenge. As part of registration, the participant must upload a before photograph that clearly shows the date of a newspaper dated with the same date as the date of registration OR the date of the digital registration screen (via phone, tablet, computer monitor or print out with the same date as the date of registration. Photograph must clearly show competitor’s hand holding or touching the newspaper or computer, phone, tablet or print out featuring the registration page. Your before and after photographs must clearly show your body, including your face; and knee to above head is the minimum required. Photograph size must be a minimum of 100KB and a maximum of 2MB in size. Photographs must contain you and only you. To best feature your transformation, it is recommended that "before" and "after" photographs should be similarly posed and that you wear form-fitting clothing, and that style and fit of clothing worn in “before” and “after” photographs is similar so that the nature and extent of your physical transformation is evident. Neither before nor after photos may contain any wording (other than XSport Fitness), any forms of communications or any graphics. Bathing suits are acceptable. Judges must have the ability to assess, from the photos, changes in body composition. You are required to own the rights to the photographs provided and to have full authority to grant and to dispose of such rights at all times, including at the time of submission and at the time any prize may be awarded. Photographs must be original and not altered in any way. Modifications, nudity or any photographs deemed inappropriate for publication to the general public, including family audiences of all ages, at Sponsor's sole discretion, will lead to disqualification. All photographs become the sole property of XSport Fitness immediately upon submission and may be used for any purpose, including without limitation public display.
• Competitors who choose the Weight Loss category of the competition must also provide their weigh in and weigh out weights with photographs including their digital scale clearly displaying the weigh in and weigh out weights at the same time as the before and after photographs. The scale must be digital and located on the same hard, level flooring type. The same clothing must be worn for the weigh in weight photograph and the “before” photograph and the same clothing must be worn for the weigh out weight photograph and the “after” photograph. The newspaper or computer, phone, tablet or print out of the digital screen showing date must also be clearly displayed in the weigh in weight and weigh out weight photographs.
Participant must (i) train individually with an XSport personal trainer a minimum of 4 individual sessions during the Challenge period pursuant to an individual personal training contract executed by Participant (“personal training contract“), (ii) check in to an XSport Fitness location a minimum of 16 times and (iii) purchase and use 30-Day Challenge Supplements during the Challenge period. 30-Day Challenge Supplement sales receipts from XSport Fitness corresponding to at least a 30-day supply of two different 30-Day Challenge Supplement products, defined as supplements available for purchase at XSport Fitness, purchased by you at XSport Fitness and dated within the participant’s 30-Day Challenge period. The receipt for the purchase must be uploaded during their 30-Day Challenge period to their 30-Day Challenge Registration page.
• Upon completing the Challenge the participant must complete and submit the digital exit form at www.XSportFitness.com/MyXSport by the final day of their challenge period including without limitation (1) uploading after photographs that clearly shows the date of a newspaper or computer, phone, tablet or print out of the digital screen dated the same date as the date as the upload, (2) type a short statement (50-word max.) explaining how XSport helped them achieve their Summer Shape Up goals and (3), if participating in the Weight Loss category, uploading a weigh out photograph clearly showing the weigh out weight on a digital scale, the face of the competitor and the date of the newspaper or computer, phone, tablet or print out of the digital screen with the same date as the upload. The same scale must be used for both weigh in and weigh out. The scale must be digital and located on the same hard, level flooring type.


HOW YOU WILL BE JUDGED

Free Month of XSport Spa Recovery Services membership, $99 retail value.

Participant must train individually with an XSport personal trainer a minimum of 4 individual sessions during the Challenge period pursuant to an individual personal training contract executed by Participant (“personal training contract“).

Participant must check in to an XSport Fitness location a minimum of 16 times during the challenge period

Participant must use 30-Day Challenge Supplements during the Challenge period. 30-Day Challenge Supplement sales receipts from XSport Fitness corresponding to at least a 30-day supply of two different 30-Day Challenge Supplement products, defined as supplements available for purchase at XSport Fitness, purchased by you at XSport Fitness and dated within the participant’s 30-Day Challenge period. The receipt for the purchase must be uploaded during their 30-Day Challenge period to their 30-Day Challenge Registration page at www.xsportfitness.com/myxsport.

XSport Fitness will have one male and one female grand prizewinner for each of the weight loss and muscle building in each male and female category

Four (4) Grand prizewinners will each win a $10,000 value prize pack. Prize pack consists of $5,000 and $50 in supplements and 2 years of Super Power Pass membership, 32 Personal Training sessions, 2 years of Recovery Services and 2 years of X-IT group training each subject to the terms and conditions of the corresponding membership or service agreement and to entering such agreement.

ADDITIONAL DETAILS ON ELIGIBILITY, TERMS AND CONDITIONS AND OTHERWISE

• Each Participant must be a gym 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 (i) train individually with an XSport personal trainer a minimum of 4 individual sessions during the Challenge period pursuant to an individual personal training contract executed by Participant (“personal training contract“), (ii) check in to an XSport Fitness location a minimum of 16 times and (iii) purchase and use 30-Day Challenge Supplements during the Challenge period. 30-Day Challenge Supplement sales receipts from XSport Fitness corresponding to at least a 30-day supply of two different 30-Day Challenge Supplement products, defined as supplements available for purchase at XSport Fitness, purchased by you at XSport Fitness and dated within the participant’s 30-Day Challenge period. The receipt for the purchase must be uploaded during their 30-Day Challenge period to their 30-Day Challenge Registration page.
• Upon completing the Challenge the participant must complete the digital exit form at www.XSportFitness.com/MyXSport by the final day of their challenge period including (i) uploading an after photograph that clearly shows a newspaper dated the same date as the date of exit form completion and (ii) providing the short statement (50-word max.) about how XSport helped them achieve their Summer Shape Up goals and as otherwise required in these Rules.
• In order to receive a prize, Participant must be a gym member in good standing of an XSport Fitness Facility at the time such prize is presented.
• No more than one XSport Spa Recovery Service membership will be awarded per successful challenge competitor. No more four (4) $10,000 value grand prize packs will be issued.
• Current and former 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, previous XSport 30-Day Challenge Grand prize recipients, and persons who have undergone weight loss surgery within the period beginning 1 year prior to registration and ending the day after challenge completion 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. The Sponsor may substitute prizes. The Sponsor disclaims any responsibility to notify participants of any aspect related to the conduct of the Challenge. 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, and grand prize, quality of other statement and/or transformations shown in the photos) 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 must submit proof of eligibility and sign and deliver to Sponsor an affidavit of originality, eligibility and compliance with Rules and Sponsor’s release form, 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. All entries, submissions and registrations (including without limitation photos, and statements) upon submission become (and, in the case of photos, are) the property of the Sponsor, will not be returned and may be altered and used in any way and for any purpose by Sponsor and its affiliates in their sole discretion.

BACK TO 30-DAY CHALLENGE INFO

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potential workout buddies
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we're always open
4,000+
devoted team members

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30 day guarantee

*Some restrictions apply. Offer valid for first time members only. Member must complete a membership Money Back Addendum. Requirements include without limitation: Member must complete a new member orientation within fourteen days of becoming a member, check in to an XSport gym for at least four workouts within thirty days of becoming a member and submit a notice of cancellation via certified letter within 33 days of becoming a member to receive refund. See membership addendum in club for complete details.

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*†Some restrictions apply. Valid for XSport Fitness members only. See your fitness manager and digital registration for details of registration, completing the challenge, competition criteria for winning, XSport Personal Training & 30-Day Challenge Supplement purchase requirements, prize description and other requirements. The 30-Day Summer Shape Up Challenge requirements include without limitation: Member must complete registration between 7.1.19 & 7.31.19, then check into an XSport gym for at least 16 workouts, complete 4 one-on-one Personal Training sessions, and purchase 2 30-day supplies of supplements at XSport Fitness, all within 30 days of member’s registration, and then finish first in one of the four categories. †Grand Prize Packs are awarded based on a companywide competition and is composed of $5,000 cash and non-monetary prizes valued at $5,000. A total of 4, $10,000 prize packs will be issued. Non-monetary value of each prize is based on regular, single service pricing.
†Restrictions apply, including but not limited to: this offer does not include basic, paid-in-full or money down memberships; the offered discount applies to enrollment and processing fees & card fee applicable at the time of joining only; and to be eligible for the discount, you must pay $1 at the time of joining with a valid credit or debit card and designate the same credit or debit card for monthly dues and last payment period membership fee payments,(beginning with first and last monthly payments seven days from date of joining), annual maintenance and other payments due. Must pay annual maintenance fee. Offer must be requested at time of purchase. Excludes Bronx, NY club. Offer not valid at pre-sale locations. Limit 1 Personal Training session per person & week of tanning per person.
††Restrictions apply. Offer valid on all month-to-month memberships only. Customer does not receive additional membership time with purchase; rather, with month-to-month membership purchase and enrolling in the XSport Rewards Program, member is credited with XSport Rewards Points which, at member's election, are redeemable into additional membership time, subject to Rewards Program Terms and Conditions. Go to www.xsportfitness.com for Rewards Program Terms and Conditions, enrollment and redemption and further information. Subject to change. Amenities vary by location. Expires 6.30.19.
**Some restrictions apply. Price is for basic membership only. Valid email required. $9.95 Basic membership excludes group exercise and other amenities. Must pay enrollment, processing, service and annual fees. Subject to change. Cannot be combined with other offers. Amenities vary by location. Limit 1 Personal Training session per person.