KICKHOUSE BACK 2 U CHALLENGE 2021- OFFICIAL RULES

Terms & Conditions

KickHouse Local Challenges and National Challenge Official Rules (“Official Rules”)

 

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.

 

1.       Sponsors:  These Official Rules pertain to (a) local challenges sponsored by an individual franchise entity that owns a KickHouse Studio (the “Local Challenge Sponsor”, and each challenge sponsored by a Local Challenge Sponsor, a “Local Challenge”) and (b) the national challenge (the “National Challenge”, and together with the Local Challenges, each a “Challenge”)  sponsored by KickHouse Fitness LLC (“National Challenge Sponsor”, and together with the Local Challenge Sponsors, the “Sponsors”), located at  931 Lexington Dr. Rockwall, TX 75087.  Each Challenge is governed by the terms and conditions set forth in these Official Rules. All federal, state and local laws apply. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

 

2.       Participating Studios: Not all KickHouse Studios participate in a Local Challenge. Check with your local KickHouse Studio to see if it is a participating location.

 

3.       Entrant EligibilityEntrant 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.

 

4.       How to Enter: To enter a Challenge, complete all steps set forth the below within the time periods specified in Section 5:

a) To enter a Local Challenge, (i) visit your participating KickHouse Studio to complete an official entry form during the Entry Period (as defined below); (ii) [register for the weight loss program and pay the $175 Early Bird or $225 Regular fee for such program (if applicable and unless prohibited by law)]; (iii) schedule and take your “before” and “after” photos and measurements by the dates specified in Section 5 below, which must include photos of your full-body front view, rear view and a summary of your percentage of overall body weight, and body measurements in inches of your waist, hips and thighs as of the date of your ”before” photo; and (iii) record a 2min testimonial (“Essay”) describing your journey through the Local Challenge (e.g., what inspired you to participate in the Challenge, any obstacles you faced during the Challenge, hurdles you overcame, how you are feeling at the end of the Local Challenge, etc.) (collectively (i)-(iii), the “Submission”). The Testimonial must be submitted to the applicable Local Challenge Sponsor via email to the applicable Local Challenge Sponsor’s general email address by 11:59 pm ET on the Challenge End Date. Such Testimonial submission email must include the subject line, “KickHouse Challenge – Testimonial Submission”. For example, if the Lowry-Denver, CO KickHouse Studio is participating in a Local Challenge then you will submit your essay to [email protected] (mailto:[email protected]).

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.

5.       Promotion Period: Each Local Challenge runs from August 16, 2021 (the “Challenge Start Date”) through October 10, 2021 (the “Challenge End Date”). To be eligible, members must sign up for a Local Challenge and complete the steps in Section 3(a)(i) and (ii) from the Challenge Start Date through the final day of the sign up window, August 16, 2021 (the “Entry End Date”, and such period, the “Entry Period”). If you complete the steps in Section 3(a)(i) and (ii) prior to August 16, your “before” pictures and weigh ins take place on the weekend of August 13-15, 2021. The “After” pictures and measurements take place the weekend of October 8-10, 2021 for all entrants.

 

6.       Categories of Competition: Entrants for each Local Challenge will compete in one of the following categories: male or female with overall winners chosen in each category. Gender is determined by participant self-identification.  

 

7.       Requirements of Submissions. By submitting a Submission, you warrant and represent that you consent to the submission and use of the Submission in the applicable Challenge and to its use for the purposes set forth herein, including being automatically entered into the National Challenge if you’re selected as one of the Local Category Winners. In addition, by submitting a Submission in a Challenge, you consent to being notified through your provided information in order to fulfill your prize (if selected as a winner) and otherwise communicate with you in connection with your participation as otherwise described and permitted in these Official Rules. Any information provided under these Official Rules, including, without limitation, any information provided in connection with a Submission or participating in a Challenge, shall be subject to the KickHouse terms of use/service and privacy policy/notice posted on the applicable Sponsor’s website. ANY VIOLATION OF THESE OFFICIAL RULES OR THE APPLICABLE SPONSOR’S TERMS OF USE/SERVICE  BY ANY ENTRANT MAY RESULT IN DISQUALIFICATION, AND ALL PRIVILEGES (INCLUDING THOSE AS WINNER, IF APPLICABLE) WILL BE IMMEDIATELY TERMINATED.

 

8.       Judging and Winners.

a)     Local Challenge JudgingThere 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.

  1. 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.

 

c)     Tie BreakersIn 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.

 

 

9.        Local Challenge Prizes. 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.

 

10.        National 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 completion

 

11.     Prize TermsThe 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.

 

11.     Winner Notification. 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.

 

12.     Use of Submission. 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. In addition, you hereby  grant the applicable Local Challenge Sponsor and/or National Challenge Sponsor and each of their affiliates  the right to publish your name, city/state, photograph(s), voice, testimonial, approved biographical information, or other likeness and/or prize information or personal exposition or Essay (and/or any edited portion thereof) for promotional, advertising and/or publicity purposes in any media, now or hereafter known throughout the world in perpetuity, without compensation or notice to, or further consent of, the winner to the extent permitted by law.

 

13.     Assumption of Risk, Waiver of Liability, and Indemnification. You acknowledge that there are risks associated with your participation in a Challenge and you agree that the terms of your General Terms Agreement and Member Usage Agreement with your KickHouse Studio apply to your participation, including but not limited to the Assumption of Risk, Release of Liability, and Indemnification provisions therein.

 

14.     Conditions. 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 property loss, damage, personal injury, or death, in connection with the prize(s) and/or any person’s participation in a Challenge) 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.

 

15.     No Guaranty of Weight Loss or Body Transformation. Individual weight loss results vary and participation in any Challenge does not guarantee weight loss. Factors such as diet and genetic makeup, overall health, or physiological differences may influence weight loss. Please consult with your physician before beginning any new nutrition or exercise program.

 

16.     Sponsor and Winner ListTo 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.

 

17.     Arbitration Agreement; Dispute Resolution by Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

a)    Agreement to Arbitrate. This Section is referred to in these Official Rules as the “Arbitration Agreement”.  You agree that any and all disputes or claims that have arisen or may arise between you and the applicable Sponsor, whether arising out of or relating to these Official Rules, any Challenge, your participation in any Challenge, the prize, acceptance, possession, use or misuse of the prize, any advertising, or any aspect of the relationship between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify.  Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf.  You agree that, by participating in any Challenge, you and the applicable Sponsor are each waiving the right to a trial by jury or to participate in a class action.  Your rights will be determined by a neutral arbitrator, not a judge or jury.  The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

b)    Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND THE APPLICABLE SPONSOR AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.  UNLESS BOTH YOU AND THE APPLICABLE SPONSOR AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING.  ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). 

c)     Pre-Arbitration Dispute Resolution. The Sponsors are always interested in resolving disputes amicably and efficiently, and most entrant concerns can be resolved quickly and to the entrant’s satisfaction by emailing the applicable Sponsor’s support team at [email protected] If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”).  The Notice to the applicable Sponsor should be sent to KickHouse Fitness, LLC, 931 Lexington Dr, Rockwall, TX 75087 (“Notice Address”).  The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought.  If the applicable Sponsor and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or the applicable Sponsor may commence an arbitration proceeding.  During the arbitration, the amount of any settlement offer made by the applicable Sponsor or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or the applicable Sponsor is entitled.

d)    Arbitration Procedures: Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement.  For information on the AAA, please visit its website, http://www.adr.org.  Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration.  If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration.  The arbitrator must also follow the provisions of these Official Rules as a court would.  All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement.  Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Official Rules and applicable law.  Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Unless the applicable Sponsor and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances.  If the parties are unable to agree on a location, the determination shall be made by AAA.  If your claim is for $10,000 or less, the applicable Sponsor agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing or by an in-person hearing as established by the AAA Rules.  If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules.  Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

e)    Costs of Arbitration: Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement.  Any payment of attorneys’ fees will be governed by the AAA Rules.

f)     Confidentiality: All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

g)    Severability: If a court or the arbitrator decides that any term or provision of this Arbitration Agreement other than clause (b) above is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified.  If a court or the arbitrator decides that any of the provisions of clause (b) is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void.  The remainder of these Official Rules will continue to apply.

Notice. The Sponsors reserves the right to prosecute and seek damages against any individual who attempts to deliberately undermine the proper operation of the applicable Challenge in violation of these Official Rules and/or criminal and/or civil law.