Fitness Exchange, Inc
Official Contest Rules and Legal Disclaimer
By entering or being nominated into any Fitness Exchange, Inc (Fitness Exchange) contest, you agree to abide by these Official Rules and the decisions of Fitness Exchange, which are final and binding in all respects.
Fitness Exchange’s Contests are open to legal residents of New Jersey, Delaware and Pennsylvania who are at least eighteen (18) years of age at the time of entry. No purchase is necessary to enter. Making a purchase will not increase your chances of winning. Fitness Exchange’s contests are void in Canada, Puerto Rico, and where prohibited by law. Employees, officers, and directors of Fitness Exchange, their respective partners, agencies, related companies, and agents, as well as the immediate family (defined as parents, spouse, children, siblings, and grandparents), and same household members of such employee, officer, and director, are not eligible to enter. All applicable federal state, and local laws and regulations apply.
Contest entries The specific contest entry requirements will vary with each contest. All entries must be made in conformance with the relevant contest’s requirements. Non-conforming entries will be rejected and ineligible for contest prizes. Any entrant using fraudulent means to participate and/or win the contest will be disqualified. Any attempt by an entrant to undermine the legitimate operation of the context may be a violation of criminal and civil laws.
Fitness Exchange reserves the right, in its sole discretion, to cancel, modify, terminate, or suspend a contest for any reason and without prior notice. In such case, Fitness Exchange may, as appropriate under the circumstances, select a contest winner via reasonable means consistent with the specific contest.
Promotion Period: The contest begins on November 25, 2020 at 12:01am EST and ends on December 25, 2020 at 11:59pm EST, but Fitness Exchange reserves the right to extend the contest for an unspecified amount of time with no notice. The Promotion Period is divided into three (3) separate phases, the entry/nomination period (the "Entry/Nomination Period"), the first judging period (the "First Judging Period"), the open voting period (the "Voting Period").
Contest entries will be accepted between November 25, 2020 at 12:01am EST and December 15, 2020 at 11:59pm EST. Entries that are submitted before or after the contest period are disqualified. Submissions must be entered through our contest form: https://fitnessexchange.com/pages/contest-entry. Votes for finalists will be tallied between December 25, 2020 at 12:01am EST and December 31 , 2020 at 11:59pm EST
The Entry/Nomination Period begins at 12:01am EST on November 25, 2020 and ends at 11:59pm EST on December 15, 2020. The First Judging Period begins on November 16, 2020 at 12:01am EST and ends on 11:59pm EST on December 17, 2020 in which the judges will narrow the Entries/Nominations to the top three (3). The Voting Period begins at 10:00am EST on or around December 17 and ends at 11:59:59 a.m. PT on December 25, 2020 in which the public at large will determine the winner. Fitness Exchange reserves the right to extend or change these dates and times with no notice.
Winner Selection and Notification
The odds of winning vary from contest to contest. The winning entry or entries for a contest will be selected in compliance with the terms of the specific contest. Fitness Exchange will contact contest winners by email to confirm a winning entry.
The potential contest winner will forfeit the prize if he/she (1) does not respond to the initial notification email or return any required information within 10 business days, (2) cannot be contacted at his/her listed email address, (3) rejects the prize or the prize is returned as undeliverable, or (4) is disqualified for any reason. In the event of prize forfeiture, an alternate winner will be selected.
Winners are solely responsible for all federal, state, and local taxes and all unspecified expenses or fees associated with prize acceptance, receipt, and use. Prizes may not be substituted or transferred by any contest winner and a winner may not receive cash redemption equal to the value of the prize in lieu of the prize. Fitness Exchange reserves the right to substitute alternate prizes of equal or comparable value. Prizes are offered “as is” with no written, express, or implied warranty, including but not limited to, quality, condition, merchantability, or fitness for a particular purpose. Fitness Exchange is not responsible for replacing prizes as a result of damage prior to, during, or after shipping or events beyond Fitness Exchange’s control. Winners must look to the manufacturer or service provider for any potential warranties or guarantees.
Except where prohibited by law, entry in a contest or acceptance of a prize constitutes the entrant’s, nominee’s or winner’s consent to Fitness Exchange’s use of his/her name, likeness, voice, opinions, hometown, and state of residence and other indicia of persona for a contest, trade, or advertising purposes in any media without geographic or time limitation, and without additional payment or consideration.
By entering a contest and, if applicable, receipt of any prize, each entrant, nominee and, as applicable, winner agrees to release and hold harmless Fitness Exchange and its officers, directors, employees, and agents from and against any claim or cause of action arising out of participation in a contest or any contest-related activity.
Disputes, Choice of Law, and Venue
Except where prohibited by law, entrants, nominees and winners agree: (1) any and all disputes, claims, and causes of action arising out of or connected with a contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in Montgomery county, Pennsylvania; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, but in no event will attorneys’ fees be awarded; (3) no punitive, incidental, special, consequential, or other damages, including without limitation lost profits, may be awarded (collectively, “Special Damages”); and (4) entrants and nominees hereby waive all rights to claim Special Damages and all rights to have such damages multiplied or increased. Pennsylvania law governs all of Fitness Exchange’s contests and all aspects related thereto, including the construction, validity, interpretation, and enforceability of these Official Rules. By entering or winning a contest, entrants, nominees and winners agree to submit to the personal and exclusive jurisdiction of the courts located in Montgomery County, Pennsylvania.
Use of Collected Data
Fitness Exchange will collect personal data about entrants and nominees for purposes of administering contests. By entering into, or winning a contest, entrants and nominees agree to Fitness Exchange’s collection and usage of their personal information. Fitness Exchange does not, and will not, disclose entrants’ and winner’s personal information to non-affiliated third-parties.