Terms & Conditions
đ Table of Contents
- Special Note
- Consumer Disclosure
- Operator
- Applicability
- Personal Information
- Disclaimer of Warranties
- Limitations of Liability
- Offensive Content
- Copyrights / Trademarks
- Governing Law, Waiver, and Dispute Resolution
- Communication
- SMS / Texting
- Agreement
- Changes to this Agreement
- Severability
- Contact Information
IMPORTANT NOTICE
BY CONTINUING TO USE THE RESOURCES (AS DEFINED HEREIN) IN ANY WAY, YOU ARE CONFIRMING YOUR ACCEPTANCE AND AGREEMENT TO THE TERMS OF USE AS CURRENTLY STATED. THIS AGREEMENT IS LEGALLY BINDING, SO PLEASE REVIEW IT CAREFULLY BEFORE PROCEEDING.
DISCLOSURE TO PARTICIPANTS
These Terms of Use, together with the Competition Rules and Privacy Policy, set forth the rights and limitations regarding any claims you may bring, the damages you may seek, and the manner in which disputes between you and the Competition Entities (as defined in the Rules) related to your role as an Entrant, Competitor, Voter, or Winner (collectively referred to as a âParticipantâ) will be handled. The sections within the Rules entitled âWaiver and Limitations of Liabilityâ and âDispute Resolutionâ describe the claims you waive, the damages you may recover, and include an arbitration agreement as well as a waiver of class action rights. This means that you and the Competition Entities (each a âPartyâ and together the âPartiesâ) agree to resolve disputes through binding arbitration rather than through court litigation, and any arbitration claims must be made solely on an individual basisânot as a plaintiff or representative in any class, collective, or representative lawsuit.
Please be aware that the Disclaimer of Warranties, Limitations of Liability, and Governing Law, Waiver, and Dispute Resolution sections include critical provisions limiting our liability and stipulating that arbitration will be conducted exclusively under Arizona law.
OPERATOR
Fitness Champion, LLC (the âOperatorâ), a limited liability company registered in Delaware, is responsible for managing and running the Fitness Champion Competition (the âCompetitionâ). You can contact the Operator here.
APPLICABILITY
These Terms of Use set forth the overall rules governing your use of the Website, the Competition platform, the Operator, and any social media pages related to the Competition. This applies to all content, data, or materials you access, download, or receive via the Website, registration forms, social media updates, press announcements, and communications including emails and text messages (collectively called the âResourcesâ).
PERSONAL INFORMATION
We highly value your privacy, so we have established a dedicated Privacy Policy that thoroughly describes how we collect, handle, process, protect, and store your personal data. We encourage you to review the Privacy Policy carefully.
DISCLAIMER OF WARRANTIES
Unless explicitly stated otherwise, Fitness Champion and its Operator disclaim all warranties and conditions of any kind, whether expressed or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
The Resources provided to you through this platform are available âas isâ and are accessed or used entirely at your own risk. You assume full responsibility for any damage to your devices or loss of data resulting from your use, access, or download of any Resources.
No information, advice, or guidance provided by Fitness Champion, whether verbal, written, or through the Resources, creates any warranties or guarantees beyond those explicitly stated in these Terms of Use.
Your use of the Resources is solely at your own discretion and risk. To the maximum extent allowed by law, you agree to comply with these Terms of Use and all applicable laws in connection with your use of the Resources. Except as expressly outlined here, all Resources, including all content and information accessible through the Website, are provided without any warranties or representations of any kind. Fitness Champion expressly disclaims all warranties, both express and implied, including but not limited to warranties of merchantability and fitness for a specific purpose, relating to the Resources, their content, any registrations, and any items available through the Resources.
Fitness Champion does not guarantee that the Resources or any content provided will be uninterrupted, error-free, or free from viruses or other harmful elements. We do not warrant that any defects will be fixed or that the Website, its servers, or Resources are free of technical issues.
To the fullest extent permitted by law, Fitness Champion shall not be liable for any use of the Resources, including any errors or omissions contained therein. This disclaimer is a fundamental part of these Terms of Use.
LIMITATIONS OF LIABILITY
In no situation shall Fitness Champion or its Operator be held responsible for any direct or indirect damages related to the availability, accuracy, or completeness of the Resources or the information they contain, the accessibility or operation of the Competition or Website, the responsiveness of the Resources, or your use of any Resources or information provided.
Fitness Champion shall not be liable to you or any third party for any indirect, incidental, consequential, special, exemplary, or punitive damages. This includes but is not limited to lost profits, loss of goodwill, damage to reputation, costs of substitute services, or any intangible losses arising from your use or inability to use the Website, Resources, or any registration, voting, products, or services offered via the Website or Resourcesâeven if Fitness Champion has been informed of the possibility of such damages.
Additionally, to the maximum extent allowed by law, Fitness Championâs liability for any direct damages shall be limited solely to actual out-of-pocket expenses, reasonable attorneysâ fees, or arbitration costs incurred by you.
OFFENSIVE CONTENT
By using the Website or any of the Resources, you acknowledge that you might come across images or external links that some users could find offensive, inappropriate, or objectionable. Such content may or may not be clearly marked as explicit, and accessing certain images or links could unintentionally expose you to material that you find disagreeable.
You agree to use the Website entirely at your own risk and recognize that the Operator provides these images and external links solely for your convenience. The Operator is not responsible for and disclaims any liability related to content that might be considered offensive, indecent, or objectionable.
COPYRIGHTS AND TRADEMARKS
All materials and content on this Websiteâincluding, but not limited to, text, graphics, site name, code, images, and logosâare the intellectual property (âIPâ) of the Operator or used by the Operator with proper legal authorization, and are protected under applicable copyright and trademark laws. Any unauthorized use, including reproduction, distribution, public display, or transmission of any of the Operatorâs IP or Website content, is strictly forbidden unless expressly permitted by the Operator.
The information made available by the Operator is copyrighted and intended for your personal use only under these Terms of Use and the Rules. It may not be copied, shared, sold, or otherwise distributed to others in any form except as specifically allowed in this section.
Members of the news media and subscribers may quote brief excerpts of the material provided that the excerpts are accurate, the Operator is credited appropriately, and the Operator is acknowledged as the copyright holder.
As outlined in the Rules, Entrants and Competitors grant Operator a license to use the intellectual property rights of any Submitted or Additional Photographs and waive any claims related to copyright infringement or violation of publicity rights.
GOVERNING LAW, WAIVER, AND DISPUTE RESOLUTION
The Competition is managed by the Operator from its offices in the United States and is accessible worldwide. Since legal systems vary by country, by using the Website or participating in the Competition in any way, you consent that the laws of the State of Arizona shall govern all matters related to the Competition, including your role as an Entrant, Competitor, Voter, or Winner (as defined in the Rules), your use of the Website, and your participation in the Competition. This choice of law applies regardless of any conflict of laws principles or the United Nations Convention on Contracts for the International Sale of Goods.
Additionally, any legal proceedings to enforce these Terms of Use will be governed by the Rules, particularly the sections entitled âWaiver and Limitations of Liabilityâ and âDispute Resolution,â which are hereby incorporated by reference into this agreement. By participating, you agree to comply fully with the Competition Rules and all related provisions.
COMMUNICATION
Any information gathered will remain confidential and will not be disclosed to third parties. Its use will strictly adhere to the terms outlined in the Privacy Policy.
SMS/TEXT MESSAGING
By providing your mobile phone number, you consent to receive text messages from Operator at the number youâve given. Note that consenting to receive texts is not a condition for participating in the Competition.
Upon submission of your phone number, Operator may send you two-factor authentication codes for verification purposes. You may also receive notifications regarding changes to your account status if you have registered through the Website. Additionally, you will get the following opt-in message:
âYou are successfully subscribed to receive messages from Operator for account and Competition updates. Message and data rates may apply. Reply âHELPâ for assistance. Reply âSTOPâ to unsubscribe.â
You can opt out of receiving SMS messages anytime by replying âSTOPâ to the messages. After you send âSTOP,â you will receive a confirmation message from Operator notifying you that you have been unsubscribed. Following this, you will no longer get SMS communications. To resubscribe, simply sign up again with your mobile number.
If you need help or have issues with messaging, reply âHELPâ or contact us directly here for support.
Please be aware that message delivery may be delayed or not received due to carrier issues, for which carriers are not responsible.
Standard message and data rates may apply for texts sent to and from Operator. Message frequency may vary. For questions about your messaging plan, please consult your wireless carrier.
For more information about privacy practices, please review our Privacy Policy.
EMAIL COMMUNICATION
When you share your email address with us, you consent to receive emails from Operator, which may include newsletters, updates, and promotional content related to the Competition.
AGREEMENT
These Terms of Use, together with the Competition Rules and Privacy Policy, fully govern your access to and participation in the Website and the Competition as an Entrant, Competitor, Voter, or Winner. No other statements or publications shall be considered a change or amendment to these Terms of Use, the Rules, or the Privacy Policy.
MODIFICATIONS TO THIS AGREEMENT
Operator may update these Terms of Use, the Rules, and/or the Privacy Policy from time to time. When changes are made, the âlast updatedâ date at the top of this Agreement on the Website will be revised accordingly. All updates take effect immediately upon being posted by Operator. It is your responsibility to review these Terms of Use, the Rules, and the Privacy Policy regularly to stay informed about the current terms. Continuing to use the Resources or participate in the Competition after any changes have been posted means you accept and agree to the updated Agreement. If you do not agree to the revised terms, your sole option is to stop using the services. Please note that no full or partial refunds will be provided in such cases.
SEVERABILITY
If any clause or provision within these Terms of Use, the Rules, or the Privacy Policy is found to be invalid or unenforceable by a court or other competent authority, the remaining provisions shall remain fully effective and enforceable.
CONTACT DETAILS
For any inquiries or feedback regarding these Terms of Use, please feel free to reach out to us here.