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60-DAY SUMMER CHALLENGE - OFFICIAL RULES


Rules & Regulations

Your digital registration form in the 2021 XSport Fitness 60-Day Summer 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 presentation, fill out and submit digital registration form, provide before and after photographs and meet all other Challenge requirements within the challenge 60-day period to participate and be eligible to win. Other Challenge requirements include but are not limited to completing the following between the Challenge start date (start date must be between July 5, 2021 and July 31, 2021) and the end date (end date must be between September 3, 2021 and September 29, 2021): training individually with an XSport personal trainer a minimum of eight times pursuant to an XSport individual personal training contract, checking-in to an XSport Fitness location a minimum of 32 times and purchasing at an XSport location and using any two nutritional supplements (minimum 60-day supply) sold at XSport Fitness (“60-Day Challenge Supplements”), 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 60-Summer 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 60-DAY SUMMER CHALLENGE. Consult with your physician or health care provider before starting any new exercise or supplementation or other nutrition program such as the XSport 60-Day Summer 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 60-DAY SUMMER CHALLENGE, EACH CHALLENGE PARTICIPANT IN THE XSPORT 60-DAY SUMMER 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 60-DAY SUMMER CHALLENGE INCLUDING, WITHOUT LIMITATION, ANY CANCELATION OF THE 60-DAY SUMMER CHALLENGE BY THE SPONSOR PRIOR TO THE SCHEDULED END DATE OF THE 60-DAY SUMMER CHALLENGE, 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 60-DAY SUMMER 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 of date of winner announcement 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 60-Day Summer 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 60-Day Summer 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 60-Day Summer 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, 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 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 60-Day Summer Challenge will begin on date of registration as determined by member, July 5, 2021 through July 31, 2021 and continue for the following 60 days, ending between September 3, 2021 and September 29, 2021 as determined by start date (“Challenge period”).
Participants need to complete and submit to Sponsor, between July 5, 2021 and July 31, 2021 their digital entry registration form at www.xsportfitness.com/myxsport to begin the XSport 60-Day Summer Challenge. Participants may choose either the weight loss category or the muscle building competition. Participants cannot compete in both categories. 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 8 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 32 times and (iii) purchase at XSport Fitness and use 60-Day Challenge Supplements during the Challenge period. 60-Day Challenge Supplement sales receipts from XSport Fitness corresponding to at least a 60-day supply of two different 60-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 60-Day Challenge period are required. The receipt for the purchase must be uploaded during their 60-Day Challenge period to their 60-Day Challenge Registration page.

• Digital Registration to complete the XSport Fitness 60-Day Summer Challenge. 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 results 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. Each participant shall enter one, and only one, statement. The statement must be in English and not exceed 50 words. Statements 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 statement entry deemed inappropriate for publication, at its discretion. Statements will be judged on the criteria set forth above and, upon submission, become the sole property of XSport Fitness.
• Meet all other applicable requirements set forth in these rules.


HOW YOU WILL BE JUDGED

Judging of the Weight Loss Category

Participants will be judged by percentage of weight loss as compared to starting weight. In the event that there is a fraction of a number on percentage 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 less than .5 being rounded down. The number will be rounded up or down to the nearest whole number.

Physical Results (% of weight loss as compared to starting weight)
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 of visible physical changes ascertained by the “Before” and “After” photos and off of the typed statement. The physical changes will be judged by a panel of Sponsor representatives utilizing the Challenge photos that have been taken and submitted in accordance with these rules and regulations. The total number of points possible for the judging of the visible physical changes is 18 points.
The criteria for the photo judging are as follows: (18 points/90%)

                The criteria for the statement judging are as follows: (2 points/10%)

One weight loss category female and one weight loss category male grand prizewinner will be chosen from the participants.

Judging of the Muscle Building Category
Judging of the Muscle-Building category participants will be based off of visible physical changes ascertained by the “Before” and “After” photos and off of the typed statement. The physical changes will be judged by a panel of Sponsor representatives utilizing the Challenge photos that have been taken and submitted in accordance with these rules and regulations. The total number of points possible for the judging of the visible physical changes is 18 points.
The criteria for the photo judging are as follows: (18 points/90%)

One Muscle-Building category female and one Muscle-Building category male grand prizewinner will be chosen from the participants.

 

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 presentation of prizes 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 eight 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 32 times and (iii) purchase and use 60-Day Challenge Supplements during the Challenge period. 60-Day Challenge Supplement sales receipts from XSport Fitness corresponding to at least a 60-day supply of two different 60-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 60-Day Challenge period. The receipt for the purchase must be uploaded during their 60-Day Challenge period to their 60-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 results 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 four (4) $5,000 grand prizes will be awarded total to the Grand Prize winners nationwide.
• 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 60-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.

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