GET FIT CHALLENGE II 2017 - Official Rules

Rules & Regulations

Your Competitor Guide (“Guide”) in the 2017 XSport Get Fit Challenge (“Challenge”) submitted to XSport Personal Training, LLC. (“Sponsor” or “XSport Personal Training” 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 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 personal trainer a minimum of 14 times pursuant to an XSport individual personal training contract, and purchasing (by you at XSport Fitness between July 25, 2017 and September  19th, 2017) and using nutritional supplements identified on page 1 (“Get Fit Supplements”), during the Challenge period 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 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 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., XSPORT TAN, INC. 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 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 of you and your written essays and responses (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., their respective business, any XSport Get Fit 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 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, photographs of you and your 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 submitting a guide, 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 Get Fit Challenge will begin on August 1st, 2017 and will end on November 10th, 2017 (“Challenge period”).
• Prior to August 1st, 2017, Participant must weigh in at one of the select locations on July 25th, 2017 – July 28th, 2017 from 4pm – 8pm, July 29th, 2017 – July 30th, 2017 from 9am – 12pm and July 31st, 2017 from 4pm – 8pm.
• Participants need to complete, and submit to Sponsor, by July 31st, the entry form consisting of pages 2 and 3 (including having their before-picture taken) to begin the XSport Get Fit Challenge.
• Participant must (i) train individually with an XSport personal trainer a minimum of 14 individual sessions during the Challenge period pursuant to an individual personal training contract executed by Participant (“personal training contract“) and (ii) use Get Fit Supplements during the Challenge period. Get Fit Supplement sales receipts from XSport Fitness corresponding to at least a 100-day supply of two different Get Fit Supplement products identified on page 1 purchased by you at XSport Fitness and dated between July 25th, 2017 and September 19th, 2017 must be submitted at weigh-out to XSport with your after picture.
• Upon completing the Challenge, Participant must complete the weigh-out process at the club Participant weighed in at on November 9th, 2017 or November 10th, 2017 from 4pm – 8pm, have after-picture taken and submit the essay and supplement sales receipts on the day they weigh out.

HOW YOU WILL BE JUDGED

Club level finalists.
• Each XSport facility will have one club level finalist in each male and female category subject to club combination depending on the number of eligible finishing participants. There will be a maximum of 78 club level finalists (maximum 39 male and maximum 39 female finalists dependent on participation). 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 any category at a facility has less than 5 eligible finishers, all eligible finishers in that facility category will be entered into their respective category at another facility so that all club level categories will have at least 5 eligible finishers.
• 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 award selection, all participants must: participate in the registration process on July 25th – July 31st, and the “Weigh-Out” process November 9th – November 10th, have their starting and final weight taken, and have their before and after pictures taken, write an essay and meet all other criteria provided in these Rules.
• 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 less than .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:
• Goals of, and the Get Fit program designed by, Competitor must be clearly stated
• 4 Points
• Impact the XSport trainer had on accomplishing said goals
• 4 points
• Impact the Get Fit supplements and accessories (e.g., goods and equipment from the XSport retail store) had on said goals
• 4 points
• How you changed as a person because of your participation in the Challenge
• 4 points
• Creativity, clarity, length (500 words or less) and originality in composition of essay
• 4 points
• In the event of a tie after the Physical Results and essay results, participants will be judged by a panel of Sponsor Representatives on the before and after photos. The criterion for this judging is the greatest outer physique transformation showing overall weight loss from, and muscle development of, the individual in the opinion of the judges based on the before and after photos.

One grand prize winner will be chosen from the club level finalists.
• Judging of the Grand Final Winner will be based off of visible physical changes ascertained by the “Before” and “After” photos and off of the written essay.
• 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 20 points. These visible physical changes will count towards 45% of the participants total points.
The criteria for the photo judging are as follows:
• Adipose tissue loss from the person from all regions of the body, face and extremities as perceived in the photos.
• 7 points
• Muscle growth of the individual’s body and extremities as perceived in the photos
• 3 points
• Muscle definition of the individual’s body and extremities as perceived in the photos
• 4 points
• Balanced physique development for both upper and lower body and left and right sides of the body
• 6 points
• The essay written by the Participant will also be taken into consideration as a factor in determining the Grand Final Winner. The total # of points possible for the judging of the essay is 20 points. The written essay will count towards 55% of the participants total points.
The criteria for the essay judging are as follows:
• Goals of, and the Get Fit program designed by, Competitor must be clearly stated
• 4 Points
• Impact the XSport trainer had on accomplishing said goals
• 4 points
• Impact the Get Fit supplements and accessories purchased at XSport Fitness, and used, by you (e.g., goods and equipment from the XSport
retail store) had on said goals
• 4 points
• How you changed as a person because of your participation in the Challenge
• 4 points
• Creativity, clarity, length (500 words or less) and originality in composition of essay
• 4 points
• In the event of a first place tie after the combined physical results and essay results, those participants will be judged by the panel of Sponsor representatives on the before and after photos, the criterion for which judging is greatest visible generalized, overall weight loss from, and muscle development of, the individual in the opinion of the judges based on the before and after photos.
• Each participant shall enter one, and only one, essay. The essay must be typed or computer-printed, double-spaced, and in English and not exceed 500 words. 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, upon submission, become the sole property of XSport Fitness.

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 train individually with an XSport personal trainer a minimum of 14 times pursuant to an XSport individual personal training contract, and purchase (between July 25th, 2017 and September 19th, 2017) and use Get Fit Supplements, during the Challenge period. Get Fit Supplement sales receipts corresponding to at least a 100-day supply of two different Get Fit Supplement products identified on page 1 purchased by you at XSport Fitness and dated between July 25th, 2017 and September 19th, 2017 must be submitted at weigh-out to XSport with your after picture. (See further details above under Duration, Timeliness, Deadlines and XSport Personal Training and Supplement Purchase and Use.)
• Participant must timely return completed Guide booklet, submit essay and supplement receipts.
• 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 $49,500 total in cash will be awarded nationwide. No more than one gym membership extension, one XXT PowerClub membership, one X-IT membership and two personal training sessions addition per category will be awarded per final club level category. No more one Super Power Pass Membership, one Self Spa membership, one X-IT membership, 50 Personal Training sessions, one XSport Spa gift card and one XSport Fitness gift card will be awarded nationwide (allocated exclusively to the one grand prize winner).
• Each gym membership prize is awarded as additional months added to winner’s individual gym membership (subject to the terms and conditions of membership) without charge or choice. Each acceptance of tanning membership prize and of use of tanning services constitutes Participant’s agreement with the covenants, and other terms and conditions, contained in then standard tanning paperwork of XSport Tan IL, LLC., XSport Tan - Merrifield, LLC and XSport Tan - Roosevelt, LLC, as the case may be, and Participant agrees to sign and deliver such paperwork before tanning. Each acceptance of Self Spa membership prize and of use of Self Spa services constitutes Participant’s agreement with the covenants, and other terms and conditions, contained in then standard Tanning, Sunless & Self Spa membership paperwork of XSport Tan IL, XSport Tan - Merrifield, LLC and XSport Tan - Roosevelt, LLC, as the case may be, and Participant agrees to sign and deliver such paperwork before using the first of such services. The prize of personal training sessions shall be awarded by addition to Participant’s personal training contract and be subject to the terms and conditions of that contract including without limitation the term during which the personal training sessions so awarded are available and must be used (such personal training sessions term shall commence no later than the day after Sponsor’s first attempt to notify winner of award).
• 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 Get Fit Challenge Grand prize recipients, and persons who have undergone weight loss surgery within the period beginning 1 year prior to weigh in and ending the day after weigh out 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.