KICKHOUSE BACK 2 U CHALLENGE 2021- OFFICIAL RULES
Terms & Conditions
THESE OFFICIAL RULES CONTAIN AN ARBITRATION AGREEMENT, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST SPONSORS TO BINDING AND FINAL ARBITRATION. UNDER THE ARBITRATION AGREEMENT, (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST SPONSORS ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
Entrant Eligibility. Each Local Challenge is open to (a) individuals who have an active membership at a KickHouse Studio owned by the applicable Local Challenge Sponsor (a “KickHouse Studio”) from the Challenge Start Date through the Challenge End Date (each, as deﬁned below), (b) who are legal residents of the United States and the District of Columbia, and (c) who are at least 18 years of age on August 16, 2021. You are only permitted to enter one Local Challenge (i.e. you cannot enter a Local Challenge at more than one KickHouse Studio). To enter a Local Challenge, you must register at a KickHouse Studio and pay the $175 early bird fee or $225 fee which covers the cost of services provided to you. Entries are limited to individuals only; commercial enterprises and business entities are not eligible. Employees, independent contractors, oﬃcers and directors of any of the Sponsors or their subsidiaries, aﬃliates, advertising, promotion and fulﬁllment agencies, and legal advisors, and their immediate family members (including spouses) and persons living in the same household may participate but are not eligible to win any monetary prizes in the Challenge. Additionally, if you were an employee of a Sponsor within the 60 days prior to the Challenge Start Date, you are not eligible for any Challenge prize money. Any KickHouse member who has won prize money within the last 12 months may participate but is not eligible to win prize money. Entrants understand and agree to abide by a safe rate of ﬁtness activity and a safe rate of weight loss per week as determined by the participant’s health care provider. Surgical procedures and weight loss prescriptions are prohibited. Failure to abide by such policies may result in disqualiﬁcation at the sole discretion of the applicable Sponsor. Entrants should seek the advice of a certiﬁed medical professional if they have health related questions or concerns during a Challenge. If you are pregnant before, or become pregnant during, a Challenge, you are not eligible to enter or win, as applicable. Any bodily change due to pregnancy, having a baby, or surgery will be disqualifying (in the applicable Sponsor’s sole discretion), and you will not be eligible to win or be entitled to a refund of any fees, unless authorized by the applicable Sponsor in its sole discretion.
b) Entry in the National Challenge is limited to the Local Category Winners (deﬁned below) in each Local Challenge, each of whom will be entered and eligible to participate in the National Challenge.
c) BY ENTERING, ENTRANT ACKNOWLEDGES THAT HIS/HER SUBMISSION (INCLUDING THE PHOTOS) MAY BE POSTED ON SPONSOR’S CHANNELS AND EDITED, IN SPONSOR’S DISCRETION.
Judging and Winners.
: There will be one round of judging in each Local Challenge. All local entrants will be judged by a panel of at least three judges selected by the Local Challenge Sponsor.Local Challenge Judging
Round 1 (Local Challenges): The panel of judges evaluates entrants based on their “before” and “after” photos and measurements (total pounds lost, overall percentage of body weight lost, and inches lost) and the Testimonial as follows: overall percentage of body weight lost (20%), overall inches lost (20%), visual ﬁtness as evidenced by “before” and “after” pictures (30%), and Testimonial (30%). The Testimonial will be judged based on the following criteria: the positive impact that entrant’s participation in such Challenge had on the entrant’s life (50%) and the ability to inspire others with their story (50%). The male and female entrants will be ranked from high to low score based on aggregate score in such judging criteria. The top female and male entrants based on aggregate score will be declared a “Local Overall Winner’ and automatically entered into the National Challenge. The second place contestants will become “Local Second Place Winners.” The third place contestants will become “Local Third Place Winners. b) National Judging: There will be one round of judging in National Judging. All entrants will be judged by a panel of at least five judges selected by the National Sponsor. Round 1 (National Challenge): The panel of judges evaluates entrants based on their “before” and “after” photos and measurements (total pounds lost, overall percentage of body weight lost, and inches lost) and the Testimonial as follows: overall percentage of body weight lost (20%), overall inches lost (20%), visual ﬁtness as evidenced by “before” and “after” pictures (30%), and Testimonial (30%). The Testimonial will be judged based on the following criteria: the positive impact that entrant’s participation in the applicable local Challenge had on the entrant’s life (50%) and the ability to inspire others with their story (50%). The male and female entrants will be ranked from high to low score based on aggregate score in such judging criteria. The top scoring female and male contestant will become “National First Place Winners;’ the second place contestants will become “National Second Place Winners” and the third place contestants will become “National Third Place Winners.
In the event of a tie between two or more entrants in any round of a Challenge, the entrant who received the highest score for percentage of body weight lost will be deemed the potential winner for such round among the tied entrants. If such process does not break the tie, an additional judge, who will be an employee, oﬃcer or director of the applicable Sponsor, will evaluate the tied entries according to the above criteria and determine the potential winner for such round. The choice of the potential winner for each round of a Challenge is ﬁnal and binding and not subject to review or appeal.
The odds of winning a Local Challenge depend on the number of eligible entries received for such Challenge. Each Local Category Winner in each Local Challenge receives $1,000 (for a total of $2,000). Local studios may choose to add prizes for Second and Third Place entries. Total local prize values in the aggregate: $2,000 per Local Challenge. Prizes in each Local Challenge are to be paid by the applicable Local Challenge Sponsor.Local Challenge Prizes.
For each Local Challenge Winner, the odds of winning the National Challenge are 1 in 35. Each National First Place Winner receives $5,000 (for a total of $10,000). Each National Second Place Winner (1 female and 1 male) receives $3,000 (for a total of $6,000). Each National Third Place (1 female and 1 male) receives $2,000 (for a total of $4,000). Total national prize values in the aggregate: $20,000. Prizes in the National Challenge are paid by the National Challenge Sponsor. Additionally, every Challenge participant who fully completes the Challenge, including “Before” pictures and measurements as well as “After” pictures, measurements and a testimonial video will receive a $50 e-gift card to the KickHouse online store. The total value of the e-gift card prizes will be determined by the number of completionNational Challenge Prizes.
The Sponsor of each Challenge will fulﬁll the prizes. Prizes are non-transferable and non-substitutable by any winner. The applicable Sponsor reserves the right to substitute prizes of equal or greater value. Winners shall be responsible for all other fees, expenses, taxes, surcharges, or any other incidental costs. The potential winners will also be required to execute an Aﬃdavit and Publicity Release and a W-9 (if applicable) within fourteen (14) days of notiﬁcation or the prize will be forfeited, and an alternate winner may be chosen. The winner of any prize with a value of $600 or greater (in the aggregate) will be issued a 1099 U.S. Tax Form for the value of the prize. In order to receive a prize, the potential winner may be required to provide proof of identification, including name, physical address and date of birth. Unclaimed prizes may not be awarded in the event: (a) potential winner cannot be reached for whatever reason after a reasonable eﬀort has been exerted based on the information stated in the entry form, (b) of noncompliance with the above or within any of the aforesaid time periods, (c) potential winner is found to be ineligible to enter the applicable Challenge or to receive the prize, (d) potential winner cannot or does not comply with the Oﬃcial Rules, or (e) potential winner fails to fulﬁll the aﬃdavit-related obligations or provide information reasonably requested in order to fulﬁll the prize, the potential winner shall be disqualiﬁed from the Challenge and an alternate potential winner may be selected from other eligible entries received. All entrants agree that information provided by the Sponsors is not advice, including but not limited to, tax advice or legal advice, and every entrant is advised to consult a professional, including a tax professional.Prize Terms
All potential winners of a Local Challenge will be determined on or about October 19, 2021 and will be notiﬁed by phone, email or mail before October 21, 2021. All potential winners of the National Challenge will be determined on or about November 3, 2021 and will be notiﬁed by phone, email or mail before November 15, 2021.
By submitting a Submission in connection with a Challenge, you automatically represent and warrant that you have the right to grant, and do hereby grant, to the applicable Local Challenge Sponsor and National Challenge Sponsor and each of their affiliates the paid-up, royalty-free, perpetual, irrevocable, sublicensable, non-exclusive right and license to (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any such Submission (in whole or in part), including without limitation the “before” and “after” photos, worldwide and/or to incorporate all or any portion of it in other works in any form, media or technology now known or later developed for the full term of any patent, trademark, trade secret, copyright or other proprietary rights of any party that may exist in such Submission; and (b) use the Submission, including without limitation, the right and license to make, use, sell, offer for sale, and import any products and/or services which practice or embody, or are configured for use in practicing, all or any portion of the Submission and the right to practice. You warrant that the content in the Submission has not been copied from any third party and its use by the applicable Local Challenge Sponsor and/or National Challenge Sponsor (or either of their affiliates) will not infringe or involve the misappropriation of any third party rights and agree to indemnify and hold harmless such Sponsors and all other third parties licensed above from and against any breach of this warranty. Under no circumstances will the applicable Local Challenge Sponsor or National Challenge Sponsor be required to treat any Submission as confidential. The applicable Local Challenge Sponsor and/or National Challenge Sponsor will be entitled to use the Submission for any purpose whatsoever without compensation to you or any other person. For the avoidance of doubt, the applicable Local Challenge Sponsor and/or National Challenge Sponsor will not be liable to you or any other person for any ideas for such Sponsor’s business (including, without limitation, product designs or ideas) derived from the Submission and will not incur any liability as a result of any similarities to the Submission that may appear in any future products or services of Sponsor. applicable Local Challenge Sponsor and/or National Challenge Sponsor and each of their affiliatesUse of Submission
The applicable Sponsors each of their respective agents, directors, officers, shareholders, employees, insurers, servants, parents, subsidiaries, divisions, affiliates, predecessors, successors, representatives, advertising, promotion, and fulfillment agencies, and legal advisors (the “Released Entities”), are not responsible for, shall not be liable for, and hereby disclaim all liability arising from or relating to: (a) late, lost, delayed, damaged, misdirected, misaddressed, incomplete, or unintelligible entries; (b) telephone, electronic, hardware or software program, network, Internet, computer or other malfunctions, failures, or difficulties of any kind, whether human or technical; (c) failed, incomplete, garbled, or delayed computer or e-mail transmissions; (d) any condition caused by events beyond the control of the Sponsor; (e) any injuries, losses, or damages of any kind arising in connection with or as a result of any prize, or any portion thereof that may have been awarded, or acceptance, possession, or use of any prize, or any portion thereof that may have been awarded, or from participation in any Challenge; or (f) any printing or typographical errors in any materials associated with any Challenge. Each Sponsor reserve the right, in its sole discretion, to suspend, modify or cancel any Challenge it is administering should any unauthorized human intervention or other causes beyond the Sponsor’s control corrupt or affect the administration, security, fairness or proper conduct of such Challenge, including for example a requirement by a federal, state or local government to close non-essential businesses or for other public health related reasons. In the event that proper administration of any Challenge is prevented by such causes as contemplated above, the applicable Sponsor will, at its sole discretion, either (a) cancel the applicable Challenge and with respect to a local Challenge refund the [entry] fee[GP11] , (b) postpone the selection date for the winners or (c) pick the winners based on “after” photos and measurements submitted by the entrants at a newly designated date. [GP12] By participating in a Challenge, entrants and the winners agree to release, discharge and hold harmless the Released Entities, and all others associated with the development and execution of such Challenge, from any and all losses, damages, rights, claims and actions of any kind (including without limitation ) arising out of or relating to such Challenge, participation in such Challenge, any prize, or any portion thereof that may have been awarded, and/or acceptance, possession, use or misuse of any prize, or any portion thereof that may have been awarded, including but not limited to statutory and common law claims for misappropriation or entrant’s right of publicity.Conditions
To receive a notiﬁcation of the winners of a Challenge winner, please send a self-addressed stamped envelope to KickHouse Fitness, LLC, 931 Lexington Dr, Rockwall, TX 75087, Attn: KickHouse Challenge Winners and identify which Local Challenge(s) and/or the National Challenge you are requesting the winners for. Requests must be received by December 15, 2021.Sponsor and Winner List
Arbitration Agreement; Dispute Resolution by Binding Arbitration
Agreement to Arbitrate
Prohibition of Class and Representative Actions and Non-Individualized Relief
Pre-Arbitration Dispute Resolution
Costs of Arbitration