You hereby agree that your entry into the XPASS Daily Game Giveaways (the “Contest”) is subject to these Contest Official Rules (these “Official Rules”). Contest void where prohibited by law. The Contest and your participation therein is subject to all federal, state and local laws, regulations, and ordinances.
1. ELIGIBILITY: The Contest is open to legal U.S. residents who are (i) currently residing in the fifty (50) United States (including the District of Columbia), but excluding residents of Colorado, Maryland, Nebraska and North Dakota, and (ii) the age of majority or older as of the date of entry. Employees, officers, and directors of Xponential Fitness (as defined below) or any of their respective parents, affiliates, subsidiaries, representatives, legal counsel and agencies, and members of their immediate families (spouses, parents, siblings and children, regardless of where they live) and those living in the same household are not eligible to enter or win. Participation constitutes the entrant’s full and unconditional agreement to these Official Rules and to Xponential Fitness’s decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein, including having the necessary skills to win the Contest. Xponential Fitness reserves the right to verify the eligibility of potential winners.
2. SPONSORS: (i) Xponential Fitness LLC (“Xponential Fitness”), with its principal place of business at 17877 Von Karman Avenue, Suite 100, Irvine, California 92614.
3. CONTEST PERIOD: Contest entry period begins on September 18, 2023 at 12:00 a.m. Eastern Time (“ET”) and ends on December 31, 2023 at 11:59 p.m. ET (the “Contest Entry Period”). The Contest consists of daily opportunities to participate in the Contest with the opportunity to win prizes daily.
4. HOW TO ENTER: Participants are eligible to participate in the daily giveaway which shall occur daily every Monday through Saturday of the Contest Entry Period (the “Daily Giveaway”) and the weekly giveaway which shall occur every Sunday of the Contest Entry Period (the “Weekly Giveaway”). In order to qualify for and enter the Contest, during the Contest Entry Period, you must either: (i) to enter the Daily Giveaway (a) walk a minimum of five thousand (5,000) steps in one day and log such steps the same day via the XPASS mobile application (the “XPASS App”), or (b) attend a boutique exercise class (made available on the XPASS App) and book each such class via the XPASS App; and/or (ii) to enter the Weekly Giveaway (a) walk a minimum of five thousand (5,000) steps per day for seven (7) consecutive days beginning Monday and ending Sunday during the Contest Entry Period and log such steps each such day via the XPASS mobile application (the “XPASS App”), or (b) attend a boutique exercise class (made available on the XPASS App) per day for seven (7) consecutive days beginning Monday and ending Sunday throughout the Contest Entry Period and book each such class via the XPASS App. Upon completion of entry as provided in the foregoing sentence, you automatically will be entered with one (1) entry into the Contest and with such entry, you will receive one (1) invitation via email to play the Game (as defined below) on the day you qualified for the Contest. As further described in Section 4 below, the Game shall take place on the XPASS App and the Game shall determine the winners of the Daily Giveaway and the Weekly Giveaway (the “Winners”).
You acknowledge and agree that any use of XPASS or the XPASS App (including, without limitation, in connection with the Contest) will be subject to the XPASS standard terms and conditions (which can be found at https://www.xpass.fit/terms-of-use); additional terms and conditions may apply. You further acknowledge and agree that (I) the XPASS App may occasionally be down for service, upgrades or for other reasons, without prior notice to you; (II) access to the XPASS App may become degraded or unavailable during times of significant volatility or volume; (III) Xponential Fitness does not guarantee availability of the XPASS App nor does Xponential Fitness represent that the XPASS App will be available without interruption, and neither Xponential Fitness (nor any of the other Released Parties (as defined below)) will be liable if, for any reason, all or part of the XPASS App is ever unavailable (including, without limitation, during the Game). Normal Internet access, phone, and usage charges imposed by your online or phone service may apply. You shall be solely responsible for (including, without limitation, with respect to the acquisition, cost and maintenance of) any and all devices, equipment, connections and/or necessary wireless data plans necessary to participate in the Contest.
LIMIT ONE (1) ENTRY PER PERSON PER DAY. ADDITIONAL ENTRIES WILL BE DISQUALIFIED. Automated or bulk entries or entries submitted by third parties will be disqualified. Entries must be submitted by the contestant. No copies, facsimiles, or mechanical reproductions of any online registration form(s) will be accepted. Any attempt by any entrant to obtain more than the stated number of plays and/or entries by using multiple and/or different identities, forms, registrations, email addresses, logins, or any other methods will void that entrant’s plays and/or entries, and that entrant may be disqualified at Xponential Fitness’s discretion. Multiple entrants are not permitted to share the same email address. In the event of a dispute as to any registration or play, the authorized account holder of the email address used to register will be deemed to be the entrant or player. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. All potential winners are subject to verification before any prize will be awarded. Potential winners may be required to show proof of being the authorized account holder to the Xponential Fitness or forfeit the prize. Entries specifying an invalid, non-working, or inactive email address will be disqualified and ineligible to win. You must complete and provide all required information to be eligible to enter. Incomplete, illegible, corrupted, or untimely entries are void and will be disqualified.
5. SELECTION OF THE WINNER: Following completion of each day of the Contest Entry Period, if you have qualified for an entry into the Contest and have received an invitation to play the Game as set forth in Section 3 above, and have otherwise complied in all respects to the terms and conditions of these Official Rules, you will be eligible to play “Yearly Steptest” (the “Game”), which Game shall take place on the XPASS App on the date you are entered into the Daily Giveaway and/or Weekly Giveaway. Winners of the Daily Giveaway shall be selected on a daily basis Monday through Saturday during the Contest Entry Period. Winners of the Weekly Giveaway shall be selected weekly every Sunday of the Contest Entry Period. The winners of the Game shall, subject to the terms and conditions of these Official Rules, be deemed the Winner and shall be eligible to receive the prizes. IF, FOR ANY REASON (INCLUDING, WITHOUT LIMITATION, POWER OUTAGES OR FAILURES, INTERNET OUTAGES OR FAILURES, OR ANY PERFORMANCE ISSUES WITH OR INABILITY TO USE THE XPASS APP), YOU ARE UNABLE TO PLAY AND COMPLETE THE GAME AS SET FORTH HEREIN, YOU WILL NOT BE ELIGIBLE TO WIN THE CONTEST. The rules of the Game shall be as follows:
There shall be five (5) rounds in the Game.
Before each round, you will be introduced to three (3) symbols: Symbol A (e.g., rock), Symbol B (e.g., paper), and Symbol C (e.g., scissors).
Each symbol wins against one (1) of the other symbols and before each round you will be provided with a set of rules outlining which symbol wins against one (1) of the other symbols. For example, you may be instructed that Symbol A (e.g., rock) beats Symbol C (e.g., scissors), Symbol B (e.g., paper) beats Symbol A (e.g., rock), and Symbol C (e.g., scissors) beats Symbol B (e.g., paper).
During each round, you will be presented one (1) of such three (3) symbols, and once you are presented such symbol, you must correctly select the one (1) symbol that wins against such symbol in the quickest amount of time (as more fully set forth below) in order to complete the round. If you incorrectly select a symbol that does not win against such symbol, you will automatically be eliminated from the Game. This will be repeated nine (9) more times for the remainder of such round, with the possibility that the symbol being presented to you may change each such time. For the avoidance of doubt, you must correctly select all ten (10) winning symbols in sequence in order to be eligible for the next round.
Between each round, the set of rules outlining which symbol wins against one (1) of the other symbols may change and/or the image representing a symbol may change (e.g., Symbol B may be paper during the first round, but may change to thunder during the second round). For each round, you must choose the winning symbols according to the applicable set of rules presented for each such round.
(i) The first three hundred (300) contestants to successfully complete the first round the fastest will be eligible for the second round; (ii) the first sixty (60) contestants to successfully complete the second round the fastest will be eligible for the third round; (iii) the first ten (10) contestants to successfully complete the third round the fastest will be eligible for the fourth round; (iv) the first four (4) contestants to successfully complete the fourth round the fastest will be eligible for the fifth and final round; and (v) the first contestant to successfully complete the fifth and final round the fastest shall be deemed the Winner.
If less than the requisite contestants successfully complete a round, the remaining successful contestants shall be eligible for the next round (e.g., if only five hundred (500) contestants successfully complete the first round, such five hundred (500) contestants shall be eligible for the second round).
If there is only one (1) remaining successful contestant prior to the completion of the Game, such contest shall be deemed the Winner (e.g., if there is only one (1) remaining successful contestant after the third round, such contestant shall be deemed the Winner).
If two (2) contestants tie during the final round or no contestants successfully complete the final round, such round shall be repeated until there is one (1) remaining successful contestant.
Each Winner will be notified by email within seven (7) days following completion of the Game. If the Winner (a) cannot be contacted via email, (b) does not claim his/her prize via email response to the notification email within seven (7) days of being notified, or (c) is disqualified for any reason (including, without limitation, violation of these Official Rules), then in each case Xponential Fitness will have the right (but not obligation) to deem the next runner-up of the Game the Winner and award the applicable prize to such person (and, if necessary, Xponential Fitness shall repeat the procedure set forth in this sentence until an eligible runner-up is determined).
ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY XPONENTIAL FITNESS, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. ONLY ONE (1) WINNER WILL RECEIVE THE PRIZE.
DAILY GIVEAWAY PRIZE:
Monday, Wednesday and Friday, contestants will be eligible to win an Ice Shaker signed by former professional football player, Rob Gronkowski. Approximate retail value: $39.99
Tuesday, Thursday and Saturday, contestants will be eligible to win 100 XPASS points to be used towards classes on the XPASS app. Approximate retail value $78.75
WEEKLY GIVEAWAY PRIZE: $1000.00 American Express gift card
PRIZE RESTRICTIONS AND OTHER CONDITIONS: No more than one (1) entry per person per day. Any and all applicable federal, state, and local taxes and all fees and expenses related to acceptance and use of prize not specifically stated herein are the responsibility solely of the Winner. Prize cannot be substituted, assigned, transferred, or redeemed for cash; however, Xponential Fitness reserves the right to make equivalent prize substitutions at its sole discretion. Xponential Fitness will not replace any lost or stolen prize(s) or components of a prize(s). Only the number of prize(s) stated in these Official Rules is available to be won in the Contest.
7. GENERAL CONDITIONS: Participation constitutes entrant’s full and unconditional agreement to these Official Rules and to Xponential Fitness’s decisions, which are final and binding in all matters related to the Contest. Xponential Fitness and its agencies are not responsible for lost, late, or incomplete entries; lost, interrupted, or unavailable network, server, or other connections, garbled transmissions or miscommunications; computer or software malfunctions or damage to a user’s computer equipment (software or hardware); Internet failures; technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. Proof of sending or submission of entry will not be deemed proof of receipt by Xponential Fitness. Xponential Fitness’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Xponential Fitness reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process and/or the legitimate operation of the Contest; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. If, for any reason, the Contest is not capable of running as planned, to the extent permitted by applicable law, Xponential Fitness may, in its sole discretion, (i) cancel or terminate the Contest (or any portion thereof); and/or (ii) modify the Contest or suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules.
8. PUBLICITY; LIMITATIONS OF LIABILITY AND RELEASES: BY PARTICIPATING IN THIS CONTEST, ENTRANT AGREES THAT XPONENTIAL FITNESS AND ITS PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, AND ITS REPRESENTATIVES, CONSULTANTS, CONTRACTORS, LEGAL COUNSEL, ADVERTISING, PUBLIC RELATIONS, PROMOTIONAL, FULFILLMENT AND MARKETING, WEBSITE PROVIDERS, WEB MASTERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE CONTEST (INCLUDING, WITHOUT LIMITATION, PARTICIPATION OR ENTRY THEREIN OR IN CONNECTION WITH ANY CONTEST-RELATED ACTIVITY, SUCH AS THE GAME), ANY ACCEPTANCE, POSSESSION, MISUSE, USE OF OR INABILITY TO USE THE PRIZE, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM. BY PARTICIPATING IN THIS CONTEST, ENTRANT AGREES THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF THIS CONTEST.
BY ACCEPTING A PRIZE, THE WINNER HEREBY GRANTS XPONENTIAL FITNESS A ROYALTY-FREE, FULLY PAID-UP, IRREVOCABLE, TRANSFERABLE, SUBLICENSABLE (THROUGH MULTIPLE TIERS), PERPETUAL AND WORLDWIDE LICENSE TO USE THE WINNER’S PUBLICITY RIGHTS IN CONNECTION WITH (I) THE CONTEST AND THE MARKETING THEREOF, AND (II) THE CONTEST AND MARKETING OF XPONENTIAL FITNESS’ PRODUCTS AND/OR SERVICES IN CONNECTION WITH THE WINNER’S ACCEPTANCE OF THE PRIZE, IN EACH CASE IN ANY FORM OR FORMAT NOW KNOWN OR HEREAFTER DEVISED IN PERPETUITY.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS CONTEST, INCLUDING ANY CORRESPONDING WEBSITE(S), MOBILE APPLICATION(S) AND ALL PRIZES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
10. DISPUTES: Except where prohibited, entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the federal courts of the United States or state courts of the State of California in each case located in Orange County, California; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (iii) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Xponential Fitness in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules.
12. OFFICIAL RULES AND WINNERS LIST: For a copy of these Official Rules, please visit https://www.xpass.fit/blog/xpass-daily-game-contest-rules. To see the Winner (which shall be available within thirty (30) days after completion of the Contest Entry Period), please visit https://www.xpass.fit/blog/xpass-daily-game-contest-rules.