SWORKIT 2020: ENVISION A FIT FUTURE CHALLENGE OFFICIAL RULES

OPEN ONLY TO ELIGIBLE LEGAL RESIDENTS OF THE 50 UNITED STATES (EXCEPT U.S. STATES WHERE PROHIBITED OR RESTRICTED BY LAW) AND DISTRICT OF COLUMBIA WHO, AS OF THE TIME OF ENTRY, ARE AT LEAST 18 YEARS OLD.

NO PURCHASE NECESSARY TO ENTER OR TO WIN.  A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.  ALL FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS AND REGULATIONS APPLY.  VOID WHERE PROHIBITED.

1. Eligibility.  Subject to the additional restrictions below, the Sworkit 202: Envision a Fit Future Challenge (the “Challenge”) is open to individuals who (i) are legal residents of the 50 United States (except U.S. states where prohibited or restricted by law) andx the District of Columbia; (ii) are eighteen (18) years of age or older at the time of entry; and (iii) maintain an active Sworkit subscription on the Sworkit mobile application or on sworkit.com.  The following individuals are not eligible to enter or win a prize: employees, contractors, representatives, agents, directors, and officers of [Nexercise, Inc.] (“Sponsor”) and its parent, subsidiary, or affiliated companies, marketing agencies, and any other parties involved in the administration of the Challenge (Sponsor, collectively with the foregoing, the “Challenge Parties”) and each of the immediate family members of such excluded individuals (i.e., spouses, parents, children, siblings and the “steps” of each) and all persons living in the same household of each. By participating in this Challenge, entrants agree to be bound by these official rules (“Official Rules”) and by the decisions of the Sponsor and any Judges appointed by Sponsor in all matters relating to the Challenge. To be eligible for the Challenge, you must be healthy enough to participate in a rigorous exercise program, and must be free of any physical limitations, medical ailments, physical or mental conditions that would limit or prevent you from participating in the Challenge.  Any entrant that undergoes any of the following surgical or medical procedures or weight reducing procedures like them after submitting an application will be disqualified: Gastric bypass (must have been done one year prior to application), liposuction, breast reduction or any other weight reducing surgical procedure.  You may not be pregnant during any part of the Challenge. You may not enter the Challenge if you have used any weight loss/gain supplements, laxatives, diuretics, metabolic enhancers, steroids, or anything else that will or could have the possibility of affecting the rate of weight loss or any strength-enhancing prescription drugs or medications, unless prescribed by a physician to treat a pre-existing medical condition.  Any entrant that participates in any commercial weight loss program or pre-packed food service after submitting an application will be disqualified.  
2. Challenge Period. The Challenge begins at [12:00:00 am ET] on January 14, 2020 and continues until [11:59:59 pm ET] on March 10, 2020 (“Challenge Period”). Sponsor’s computer is the official time keeping device for the Challenge.
3. How to Enter.  To enter the Challenge, you will be required to take each of the following actions:
4. Sign into your Sworkit account at sworkit.com or on the Sworkit mobile application and complete an entry form available at [https://sworkit020798.typeform.com/to/I2PXsd?email=xxxxx] (“Entry”) on the first day of the Challenge Period (January 14, 2020 between 12:00:00 ET and 11:59:59 ET), which will include the following information: full name, age, birthdate, current height, current weight, current requested measurements, complete mailing address, and e-mail address (collectively, “Measurement Information”), and the Sworkit challenge in which you will be participating (weight loss or muscle gain). If you do not have a Sworkit account, you can register for one and subscribe to Sworkit’s subscription program at sworkit.com or on Sworkit’s mobile application available on iOS or Android. 
5. Submit a written statement of three hundred (300) words or less describing your motivation and goals as they relate to your fitness journey, in accordance with the instructions set forth on the Entry page (“Personal Statement”). Such Personal Statement must be original (written by you) and submitted in the English language. 
6. Submit three (3) photographs: front body and head view, back body view, and side profile view (“Before Photographs”) on the first day of the Challenge Period (January 14, 2020, between 12:00:00 ET and 11:59:59 ET). 
7. During the Challenge Period, follow the instructions and guidance set forth in the [Sworkit Challenge Guide], available at [https://sworkit.com/fit-future] (“Challenge Guide”) and comply with Sponsor’s terms and conditions for the Sworkit mobile application, available at [https://sworkit.com/fit-future] (collectively, “Challenge Requirements”).  
8. Submit updated Measurement Information and the following three (3) photographs current as of the day of submission, at any time commencing 12:00:00 ET on March 1, 2020 through the final day of the Challenge Period (March 10, 2020 at 11:59:59 ET): front body and head view, back body view, and side profile view, in the same or similar poses as the Before Photographs (“After Photographs”, and together with the Before Photographs, the “Submission Photographs”).  

Limit one (1) Entry per person.  Sponsor will not be responsible for incomplete, lost, late or illegible Entries or for failure to receive Entries due to transmission failures, or technical failures of any kind, including, without limitation, malfunctioning of any network, hardware or software, whether originating with sender or Sponsor.  All Entries become the property of the Sponsor and none will be returned.  Sponsor reserves the right to disqualify any entries by persons determined to be tampering with or abusing any aspect of the Challenge.

The Submission Photographs should be three-fourths body or full body and you should be wearing lightweight clothing that is not loose (no shoes, full-length pants or long shorts, hats, belts, watches, coats, t-shirts, or outerwear).

Entries must not: contain content that violates or infringes another’s rights, including, but not limited to, privacy, publicity or intellectual property rights; disparage Sponsor, or any other person or party affiliated with the promotion and administration of this Challenge; contain material that is inappropriate, indecent, lewd, pornographic, obscene, hateful, tortious, defamatory, slanderous or libelous, as determined by Sponsor in its sole discretion; or contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where entry is created. By submitting an Entry, you represent and warrant that all Measurement Information and Submission Photographs are yours and are accurate and true.

Sponsor reserves the right, in its sole discretion, to disqualify any entrant who fails to comply with the Challenge Requirements or any other requirements set forth in these Official Rules, or with any other instructions or requirements communicated to the entrant by Sponsor.  In addition, Sponsor may terminate any entrant’s participation in the Challenge for editorial, legal, business or other reasons, including, but not limited to, Sponsor’s reasonable determination that an entrant is not committed to the Challenge.  

1. Winner Selection and Notification. A panel of three (3) qualified judges selected by Sponsor (“Judges”) will review the eligible Entries received during the Challenge Period and select two (2) potential winners (“Winners”) – one in the “weight loss” category and the other in the “muscle gain” category – on or about March 15, 2020, based on the following judging criteria (“Judging Criteria”): Overall Weight Loss or Muscle Gain as Shown in Submission Photographs (50%) and Originality and Creativity of Personal Statement (50%). In the event of a tie, a Sponsor representative not previously involved in the judging will judge and rate the tied submissions according to the same criteria as stated above to break the tie. Decisions of Sponsors and Judges are final and binding with respect to all matters related to the Contest. Winning is subject to verification of eligibility. Sponsor reserves the right to pick fewer than two (2) Winners, or to extend the Challenge Period if in its sole discretion, Sponsor does not receive a sufficient number of eligible and qualified Entries. Potential Winners will be notified by e-mail at the e-mail address provided in the Entry. Potential Winners may be required to execute and return affidavits of eligibility, releases of liability, and, except where prohibited, publicity releases (collectively, “Challenge Documents”) within two (2) days of such notification. Noncompliance within this time period, with these Official Rules or the return of or inability to deliver any prize/prize notification may result in disqualification and, at Sponsor’s discretion, and time permitting, an alternate potential Winner may be selected from among all eligible remaining Entries based on the Judging Criteria.  
2. Prizes and Prize Claim.  There will be two (2) prizes awarded (“Prizes”), one (1) Prize to each Winner. Each Prize is a cash prize of five hundred U.S. dollars (ARV $500). The approximate retail value (“ARV”) of all Prizes awarded in this Challenge is one thousand U.S. dollars ($1,000).  Winners are subject to verification, including verification of age and residency.  The Prizes are non-transferable and no prize substitution is permitted, except at the sole discretion of the Sponsor. If a prize cannot be awarded for any reason, Sponsor reserves the right in its sole discretion to substitute a prize with one of comparable or greater value. Each Winner is solely responsible for all federal, state, local, or other applicable taxes associated with the acceptance and use of a prize.  All costs and expenses associated with prize acceptance and use not specifically provided herein are the responsibility of each winner.  If a Winner (i) is determined to be ineligible or (ii) fails to timely complete the Challenge Documents as described in Section 4, the Winner forfeits the prize in its entirety and an alternate winner will be announced based upon the eligible entry that received the next highest score.  Sponsor will pay for the cost of mailing the prizes to the winners. Each winner’s prize will be mailed to the address provided by the Winner at part of the Entry.  The method of shipping and the carrier will be determined in the sole discretion of Sponsor.
3. Confidentiality Obligations. You acknowledge that, during the Challenge, you may have access to or otherwise obtain confidential information relating to Sponsor and Sponsor’s business that is not generally known to the public, including the Guide, and other trade secrets, know-how, and business and technical information (collectively, “Confidential Information”).  You agree not to disclose any such Confidential Information to any third party. The foregoing confidentiality obligations shall not apply to the extent that any such Confidential Information includes information that:  (i) is already known to the disclosing party at the time of disclosure; (ii) is, or, through no act or failure to act of the disclosing party, becomes publicly known; (iii) is legally received by the disclosing party from a third party without restriction on disclosure; (iv) is independently developed by the disclosing party without reference to the Confidential Information of the other party; or (v) is approved for release by written authorization of the party who owns such Confidential Information. Further, you shall have the right to disclose Confidential Information solely as and to the extent required to be disclosed pursuant to a court order or otherwise pursuant to law, provided that you notify Sponsor as far in advance as reasonably practicable so as to permit Sponsor to seek a protective order or other appropriate limitation on the further disclosure of such information. Sponsor shall have the right to disqualify from the Challenge any entrant in the event Sponsor believes in good faith that such entrant has violated the terms of this Section 6. 
4. Disclaimers. 
   1. EACH ENTRANT ACKNOWLEDGES AND AGREES THAT THE INFORMATION PROVIDED DURING THE CHALLENGE, INCLUDING AS PART OF THE GUIDE, IS INTENDED TO BE USEFUL INFORMATION ON WEIGHT LOSS, HEALTHY EATING AND EXERCISE, AND IS NOT INTENDED TO BE A SUBSTITUTE FOR ADVICE FROM A LICENSED MEDICAL PRACTITIONER OR HEALTH CARE PROVIDER. BEFORE STARTING ANY WEIGHT LOSS PROGRAM OR EXERCISE YOU SHOULD SPEAK WITH A PHYSICIAN ABOUT ANY HEALTH CONDITIONS OR ILLNESSES. NEXERCISE IS NOT A HEALTHCARE PROVIDER AND THE CHALLENGE, THE GUIDE, OR ANY INFORMATION OR CONTENT ACCESSED OR USED AS PART OF THE CHALLENGE IS NOT MEDICAL ADVICE.
   2. INDIVIDUAL WEIGHT LOSS RESULTS VARY AND PARTICIPATION IN THE CHALLENGE DOES NOT GUARANTEE WEIGHT LOSS. FACTORS SUCH AS DIET AND GENETIC MAKEUP, OVERALL HEALTH, OR PHYSIOLOGICAL DIFFERENCES MAY INFLUENCE WEIGHT LOSS. 

1. Limitation of Liability.  By participating in the Challenge or accepting a Prize, entrants assume all liability for an injury or damage caused, or claimed to be caused, by participation in the Challenge, or the acceptance, receipt, or use of the Prize. Entrants agree that the Challenge Parties are not responsible for any actions, claims, damages, losses, or injuries of any kind arising in connection with the Challenge, including entrant’s participation in the Sweepstakes or compliance with any Challenge Requirements; or lost, late, misdirected, damaged, stolen, altered, garbled, incorrect, incomplete or delayed entries; all of which will be void. Challenge Parties are also not responsible for problems related to unauthorized human intervention or for technical malfunctions of electronic equipment, computer online systems, servers, or providers, computer hardware or software failures, phone lines, traffic congestion on the internet or any website, or for any other technical problems including telecommunication, miscommunication or failure, and failed, lost, delayed, incomplete, garbled, or misdirected communications, which may prevent the receipt of an entry or otherwise limit an entrant’s ability to participate in this Challenge. Challenge Parties are not responsible for any other errors or malfunctions of any kind, whether network, printing, typographical, human or otherwise relating to or in connection with the Challenge, including, without limitation, errors or malfunctions which may occur in connection with the administration of the Challenge, the processing of entries, the announcement of the prize or in any Challenge-related materials. As a condition of entering, entrants agree (and agree to confirm in writing if requested by a Sponsor) that to the fullest extent permitted by applicable law: (a) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, indirect, special, exemplary, or consequential damages and (b) that any and all claims, judgments, and award shall be limited to the value of the Prize, and in no event shall Challenge Parties be liable for attorneys’ fees. 
2. LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT A PARTICIPANT, TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THIS CHALLENGE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
3. Sponsor’s Reservation of Rights. If the Challenge is not capable of running as planned for any reason, including without limitation, due to a force majeure event or infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Challenge, Sponsor reserves the right, at its sole discretion, to disqualify any individual who is responsible or who tampers with the entry process or otherwise acts in violation of these Official Rules, and to cancel, modify, or terminate the Challenge. In the event of cancellation, Sponsor reserves the right to select an alternate winner from all eligible, non-suspect entries received prior to cancellation. In the event that an entry is confirmed to have been erroneously deleted, lost or destroyed, entrant’s sole remedy shall be another entry into the Challenge.
4. Governing Law and Jurisdiction. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of the Sponsor in connection with the Challenge, shall be governed by, and construed in accordance with, the laws of State of Maryland, without giving effect to any choice of law or conflict of law rules. By entering, you consent to the jurisdiction and venue of the state and local courts located in Montgomery County, Maryland and the federal courts located in Prince George’s County, Maryland for the resolution of all disputes, and agree that any and all disputes shall be resolved exclusively in those courts.  Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. If any provision of these Official Rules is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.
5. Publicity. 
   1. By entering the Challenge, entrants grant Sponsor and its agents the worldwide, irrevocable, royalty-free, non-exclusive and sub-licensable right to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit the Entries, including Personal Statements and Submission Photographs, and to incorporate the Submission Photographs and Personal Statements in other works in any and all markets and media worldwide in perpetuity. Entrants warrant that they have the sole and exclusive right to grant such rights to Sponsor and that the Sponsor’s reproduction, publishing, displaying, and/or other use of the Submission Photographs or Personal Statement will not infringe on any rights of third parties, including, without limitation, copyright, trademark, privacy, or publicity, or create claims for defamation, false light, idea misappropriation, intentional or negligent infliction of emotional distress, or breach of contract. If any Submission Photograph or Personal Statement contains material that is violent, pornographic, obscene, illegal, inappropriate, or racially or morally offensive or if any Submission Photograph or Personal Statement does not comply with these Official Rules or meet Sponsor’s standards for any reason, as determined by Sponsor in its sole discretion, such Submission Photograph and/or Personal Statement (and the related Entry) may be rejected as ineligible for consideration. Entries must comply with all applicable laws, rules, and regulations. Sponsor shall have no obligation to copy, publish, display, or otherwise exploit the Submission Photographs or Personal Statements.
   2. Further, except where prohibited by law, by accepting a Prize, each Winner hereby grants Sponsor and its agents a worldwide, irrevocable, royalty-free, non-exclusive and sub-licensable right and license to use, distribute, and publicly display each Winner’s name, likeness, and Entry (including Submission Photographs and Personal Statements) in any way, at any time, in any and all media, including for use in advertising and marketing, without limitation, without any additional approval or consideration.
6. Privacy.  Any personally identifiable information collected during an entrant’s participation in the Challenge will be collected and used by Sponsor and its designees for the proper administration and fulfillment of the Challenge and as otherwise described in accordance with Sponsor’s privacy policy available at [https://store.sworkit.com/pages/privacy-policy].  Entrants’ e-mail addresses will be used to send entrants newsletters regarding Sponsor’s products and other information which may be of interest to entrant.  
7. Winners List. For the names of the winners, send an e-mail to support@sworkit.com or call (800) 219-0713. Requests must be received no later than sixty (60) days after the end of the Challenge Period.
8. Sponsor.  Nexercise, Inc., 7315 Wisconsin Avenue, Suite 400W, Bethesda, MD 20814.