Sweat To Reset Terms and Conditions

OFFICIAL RULES
Sweat to Reset Challenge

 

The Sweat to Reset Challenge (the “Contest”) is void in the States of Arizona, Florida, New York, and Rhode Island and where prohibited or restricted by applicable federal, state and local laws, rules and regulations, which include but are not limited to FTC Guidelines[1] (“Applicable Laws”).  Winners are responsible for any taxes, customs, duties and like amounts resulting from or in any way connected with the Prizes. This Contest is sponsored by Sports Research Corporation; 784 W. Channel Street, #200, San Pedro, CA 90731 (“Sports Research” or “Sponsor”).

  1. HOW TO ENTER. Any eligible individual who meets the criteria in Section 2 (each, a “Participant”) may enter the Contest by signing up via Sponsor’s website https://sportsresearch.com/products/sweat-to-reset (the “Site”) and paying a fee ninety-nine dollars ($99) (the “Entry Fee”) during the Entry Period (defined in Section 4). Each purchase during the Entry Period shall count as one (1) entry (each, an “Entry”). Limit one (1) Entry per Participant. After purchasing an Entry, each Participant will be provided access to TJ and Caroline Hoban’s 8-week fitness program via the “Trainerize” app (hobanfitness.trainerize.com) (the “App”).  In addition, and in consideration of the Entry Fee, each Participant will receive a welcome box containing products offered and sold by Sponsor to consumers which are subject to change in Sponsor’s discretion and may include a Sweet Sweat® Waist Trimmer, Sweet Sweat® Mini Loop Resistance Bands, Sweet Sweat® topical gel stick and/ or Sweet Sweat® Core AB Sliders (“SR Products”).
  2. ELIGIBILITY. To be eligible to participate in the Contest, a Participant must: (i) be at least eighteen (18) years of age at the beginning of the Entry Period, (ii) be a legal resident of the United States or its territories and possessions, (iii) not reside in the States of Arizona, Florida, New York, or Rhode Island, (iv) purchase one Entry as defined herein, (v) have read, understand and agree to be bound by these Official Rules and all rules governing Participant’s use of the Site, the App and all social media platforms used by Participant, (vi) be free from any medical conditions and otherwise cleared by Participant’s doctor to participate in the Contest, including, without limitation, use the App and use any SR Products, and (vii) comply with Applicable Laws. The Sponsor's determination of any Participant’s eligibility, in its sole discretion, will be final.
  3. EXCLUSIONS. Any effort by a Participant to misrepresent himself or herself through the use of aliases or multiple e-mail addresses or multiple accounts on the Site or the App will disqualify that Participant. Entries generated by a script, macro, or other automated means are void. Participants who disregard these Official Rules are not eligible to participate or win. Directors, officers, employees, contractors, and agents (and their immediate families and household members) of the Sponsor and persons who were awarded a prize or received any other promotional consideration from the Sponsor within six (6) months prior to the beginning of the Entry Period are also not eligible. 
  4. HOW TO PLAY.
    • In order to participate in the Contest, Participants are required to complete the following actions:
      • Upload to the App a “Day One” photo of Participant, showing (a) front view of Participant and (b) back view of Participant, wearing form fitting attire such as workout clothes or a bathing suit intended for public wear, and hold a sign indicating your start date (April 18, 2022 or later). Participant’s attire in all photos must be appropriate and tasteful (e.g., avoid underwear, thongs, G-strings, lingerie, anything see-through).  All photos must also comply with the terms and conditions of the Site(s) and all social media platforms utilized by Participant.  Any inappropriate or non-compliant photos may result in disqualification of Participant.
      • Once per week during each of the eight weeks of the Contest, take and upload to the App a weekly check-in photo (“Weekly Photo”), showing both the front and back of Participant.  
      • Complete at least 80% of the workouts in the App measured by App check-ins (always following your doctor’s recommendations regarding the appropriate level of exercise recommended for you), and mark your workouts “completed” when done.
      • Post at least two (2) times per week on one or both of the social media platforms Instagram and TikTok. In either case, use the following tags in your photos and in your captions—On Instagram: @SportsResearch, @SweetSweat, on TikTok @officialsweetsweat @sportsresearch, and on both the hashtag #SweatToReset.  All posts must remain visible on Participant’s main public social media profile page and not archived or deleted.  Social media posts may be anything original and creative that reflects Participant’s journey through the Contest.  Feel free to post Weekly Photo(s), favorite workout equipment, and workouts.
      • Film and post a final testimonial video on IGTV (Instagram TV) at the end of the Contest, including your overall 8-week transformation. The video must be 2-3 minutes, maximum. Use the same tags and hashtags as listed above for your social media posts. Alternatively, you may write a final testimonial to document your 8-week transformation, which may be sent to Sponsor at the following email address: SweatToReset@sportsresearch.com.  Recommended content to include in the testimonial:
    • What motivated you to participate in the Sweat to Reset Challenge?
    • What were your goals when you started?
    • What were some of your biggest achievements?
    • What were some of your biggest struggles?
    • What was your biggest learning experience?
    • How will you continue this lifestyle?
    • What are your goals now?
      • Optional: Journal weekly on how you are feeling and doing in connection with the Contest. Check in with yourself mentally and physically. Journaling can look different for everyone, whether it is photographs, videos, vlogging, pen and paper.  Listen to your body and mind, and your need for rest and recovery.  Feel free to attend the helpful weekly question and answer sessions with the Contest coaches which may include TJ & Caroline accessible via the App.
    • Within one week after the conclusion of the entry period running from April 18, 2022 through June 12, 2022 (“Entry Period”), Sponsor and TJ & Caroline, acting together in their sole discretion, will select ten (10) finalists (each a “Finalist”) based on their assessment of which Participants have completed all of the actions listed in 4(a) and demonstrated the best physical and/ or mental transformation during the Contest. The odds of being selected as a Finalist depend on the number of Entries received.    
  5. SELECTION OF WINNERS. Sponsor, together with TJ & Caroline, will post the ten Finalists on Facebook (on Sponsor’s Facebook page(s) and/ or TJ & Caroline’s Facebook page(s)), and a poll will be conducted as part of the Contest, in which Facebook users will vote for their favorite Finalist(s) during a period of one (1) week after the Finalists are announced.  Based on the poll results, the five (5) individual Finalists who receive the most votes will be announced by Sponsor as the Contest winners (each, a “Winner”). The selection of each Winner, in its sole discretion in accordance with these Official Rules, shall be final.
  6. PRIZES. The Contest prizes are as follows (each, a "Prize"):
    • The first place Winner will receive five thousand Dollars ($5,000) and a one-night trip to Sponsor’s headquarters, including certain travel expenses at Sponsor’s discretion, consisting of roundtrip airfare to Los Angeles, California from anywhere in the continental U.S., overnight accommodations, transportation between the airport and hotel and Sponsor’s headquarters, two meals on the day of travel, and three meals on the day of the visit to Sponsor (up to $25 per meal). Dates of travel to be determined by Sponsor. Winner will have the opportunity participate in a photoshoot, provided all resulting images, audio and video will constitute property of Sponsor and Participant hereby consents to their posting by Sponsor in any medium.
    • The second place Winner will receive three thousand Dollars ($3,000).
    • The third place Winner will receive one thousand Dollars ($1,000).
    • The fourth place Winner will receive $500 Dollars ($500).
    • The fifth place Winner will receive a Sports Research® Therapy Gun.

All monetary Prizes will be payable via check, subject to Participant’s execution and delivery of an Affidavit, defined below.  Sponsor makes no warranties regarding the Prizes. The Prizes are not transferable.

  1. CONDITIONS OF PARTICIPATION. Each Participant agrees to be bound by these Official Rules and the decisions of the Sponsor, and to accept delivery of any Prize won. In addition, each Participant represents and warrants that all information provided to Sponsor is true and accurate. The Sponsor is not responsible for any printing errors in these Official Rules or otherwise in any materials available on the Site or the App. Unless a Participant otherwise opts out, Sponsor and its designees may use the Participant's physical and/or e-mail address to contact the Participant regarding other offers and/or contests. All Entries become the property of Sponsor. Sponsor shall not be responsible for lost, late, misidentified, or misdirected entries, or telecommunication or computer hardware or software performance, errors, delays, or failures.  If, for any reason, the fairness or integrity of the Contest becomes compromised, or the Sponsor's administration or fulfillment of the Contest becomes impracticable, Sponsor reserves the right to terminate or modify the Contest, and to disqualify any individual who tampers with the administration of the Contest.
  2. USE OF PARTICIPANT CONTENT.

By entering the Contest, Participant hereby grants to Sponsor, TJ & Caroline, and each of their respective agents, and others working on their behalf, the right to use the Participant's name, likeness, voice, signature, photograph, image, distinctive appearance, gestures or mannerisms, and/or Entry content (collectively, “Participant Content”) for advertising and marketing purposes, including on the Site(s) and the App, without additional compensation, unless otherwise prohibited by law, and such use will not constitute an infringement of any of Participant’s rights.  Participant agrees that Sponsor and TJ & Caroline may post, re-post, upload and/ or use any and all Participant Content in any form, for any purpose and through any medium, such as, but not limited to, reposting on their own social media outlets, using Participant Content in its advertising for online or retail channels, on the Sites, the App, on Amazon.com or in email or print mailing, in their discretion, in perpetuity, with or without notice or compensation.

  1. INTELLECTUAL PROPERTY.
    • All of Sponsor’s trade names, trademarks, logos, slogans, domain names, trade dress, coupons, hypertext links, promotional codes, designs, works of authorship, and other advertising and marketing material (collectively, the “Sponsor Intellectual Property”) constitute the sole and exclusive property of Sponsor, and Participant agrees not to use such Sponsor Intellectual Property except in the form provided to Participant through the Contest, and solely for the purpose and in the manner specifically authorized by Sponsor, if any. 
    • Participant agrees that Participant will not take any of the following actions:
      1. Modify any Sponsor Intellectual Property or use any modified or derivative version of any Sponsor Intellectual Property.
      2. Purchase, use or register any domain name, or any social media profile name, handle, or moniker, that comprises or incorporates any Sponsor Intellectual Property or any variations, derivatives or misspellings thereof.
  • Publish, host, or promote any Sponsor Intellectual Property or other material that misrepresents Participant’s relationship with Sponsor or implies that Participant is employed by or otherwise specially connected with or sponsored by Sponsor.
  1. Participant will at all times defend, indemnify and hold harmless Sponsor (including, without limitation, all related and affiliated entities and their respective directors, officers, shareholders, agents and representatives) from and against any and all claims of whatever nature arising from or related to: (i) any violation of Applicable Laws committed by Participant or its agents; (ii) Participant’s participation in the Contest; and/ or (iii) Participant’s breach of any obligation, representation or warranty set forth in the Official Rules.  Participant’s obligation to indemnify and defend Sponsor as set forth in this Section shall include reimbursement of any and all legal fees and related costs and expenses incurred by Sponsor in connection with any such claim. 
  2. LIMITATION OF LIABILITY. SPONSOR WILL NOT BE LIABLE TO PARTICIPANT UNDER ANY LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT SHALL SPONSOR’S CUMULATIVE LIABILITY TO PARTICIPANT ARISING OUT OF OR RELATED TO PARTICIPANT’S PARTICIPATION IN THE CONTEST, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL AMOUNT OF THE PRIZE(S), IF ANY, PAID OR PAYABLE TO PARTICIPANT BY SPONSOR.
  3. SPONSOR MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES OF ANY KIND TO PARTICIPANT WITH RESPECT TO THE SR PRODUCTS OR OTHERWISE, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED.
  4. GOVERNING LAW; DISPUTE RESOLUTION. This Contest shall be governed by, and construed in accordance with, the laws of the State of California, regardless of conflicts of laws principles. Any dispute concerning this Contest and/ or these Official Rules shall be resolved using binding arbitration before a single arbitrator through Judicial Arbitration Mediation Services (“JAMS”), in the County of Los Angeles, State of California (“Venue”). All fees charged by JAMS shall be split equally, but each party shall be responsible for its own attorneys’ fees. The decision of the arbitrator shall be final and binding on the parties.  Each Participant expressly consents to the foregoing jurisdiction and Venue and waives all defenses of lack of personal jurisdiction and inconvenient forum. Each Participant hereby waives the right to personal service and hereby consents to service of process by email, U.S. mail, or other method acceptable under the laws of the State of California.

 

  1. WINNER NOTIFICATION. Sponsor will notify each Finalist, and the Winner of each Prize, via Winner’s email address provided in connection with the Entry. Sponsor may require each Winner to execute an affidavit of eligibility, publicity release (except where prohibited), liability waiver and/or IRS Form W-9 (if required by IRS regulations) prior to the delivery of any Prize (collectively, "Affidavit"). If a Winner does not respond to the notification within ten (10) days, is found to be ineligible, fails to execute the Affidavit or other documentation required by Sponsor and/or the Prize is returned as undeliverable, the Sponsor may consider such Winner to have forfeited the Prize, and another Winner may be selected as time allows.  Prizes will be awarded within approximately ten (10) days of each Winner's complete response to notification. Delivery of cash Prizes will be paid by check, subject to Participant’s execution and delivery of an Affidavit, and will be arranged with each Winner by the Sponsor upon each Winner’s complete response to notification.  The fifth place Winner must provide a valid mailing address to which the Therapy Gun may be sent.
  2. ANNOUNCEMENT OF WINNERS. The names of the Winners will be posted for sixty (60) days after the date of their selection at: https://sportsresearch.com/, and each Winner is deemed to consent to such posting.
  3. OFFICIAL RULES. Copies of these Official Rules are available by visiting: https://sportsresearch.com/. In the event any provision of these Rules is determined to be invalid, illegal, or otherwise unenforceable by the FTC, any court of law, or other governmental agency, that provision will be severed from the Rules, but the remaining provisions will remain in full effect.

 

[1] “FTC Guidelines” means all rules and guidelines promulgated by the Federal Trade Commission which include, without limitation, the Guides Governing Endorsements located at: https://www.ftc.gov/sites/default/files/attachments/press-releases/ftc-publishes-final-guides-governing-endorsements-testimonials/091005revisedendorsementguides.pdf.