Xendurance LLC (Xendurance) reserves the right to interpret these rules and, if necessary, to amend the rules at its sole discretion and without notice to individual participants (Participants). Any amendments to the rules or changes in prizes will be published online here. Rule interpretations and all judging decisions are final. Each Participant assumes all risk of injury, harm or loss of any kind arising from participation in XND In Motion. (Motion) Consult with your physician or health care provider before starting any new exercise, nutrition or supplementation program, particularly if you suffer from any medical condition or regularly use prescription or over-the-counter medications. If you are not experienced with strength training, or if you are changing your exercise program, consult with a qualified trainer or coach. Participants in XND In Motion expressly release Xendurance, affiliated companies, and the directors, officers and employees of any of them from all risk, loss, injury, damage or harm that may arise from participating in XND In Motion. Submission of your completed submission form constitutes your express consent and permission for Xendurance to use your name, photographs, videos and written responses (in whole or in part) for promotional and advertising purposes to promote Xendurance, its business, and XND In Motion, in any media and in any manner whatsoever, as well as it’s vendors and affiliates without limitation or restriction, and such consent is deemed given by your entry and participation in XND In Motion. Submission of your completed entry shall be deemed your acceptance of these Rules and Regulations (as may be amended) and your voluntary transfer to Xendurance of all right, title, and interest, including copyright, of your photographs, videos and written responses in all forms. All information and materials submitted become the sole and exclusive property of Xendurance. Once pictures and/or videos are submitted as part of the competition they become the sole property of Xendurance and may not be used in another weight loss, Wellness or healthy-living competition. Release: Winners and Participants release, discharge, and agree to indemnify and hold harmless, Xendurance, Participant Entities, and their respective managers, members, directors, officers, employees, parents, subsidiaries, affiliates, agents and representatives from and against any liability for any damages, injury or losses, to any person (including death), or property, of any kind resulting in whole or in part, directly or indirectly from acceptance, possession, misuse or use of the prize, any portion thereof or participation in any promotion-related activity or participation in this Movement.
Limitations of Liability: The Movement Entities are not responsible for late, lost, damaged, misdirected, incomplete, illegible, undeliverable, destroyed, and/or lost, late, misdirected, undeliverable or incomplete entries due to system errors or failures, or faulty transmissions and/or entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete or garbled computer or telephone transmissions, or for any problems or technical malfunction(s) of any telephone network or lines, computer online systems, servers or providers, computer equipment, or entries not received by Xendurance on account of technical problems or traffic congestion on computer networks, or any combination thereof, including any injury or damage to Participant’s or any other person’s computer related to or resulting from participating in the promotion or downloading any material for the Movement, or other telecommunications malfunctions which may limit a Participant’s ability to participate. Xendurance may prohibit an Participant from participating in the Movement or winning the Prize if, in its sole discretion, it determines that said Participant is attempting to undermine the legitimate operation of the Movement by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other Participants or Xendurance representatives. Any attempt by any person to deliberately damage any application or website or undermine the legitimate operation of the Movement is a violation of criminal and civil law, and, should such an attempt be made, Xendurance reserves the right to seek damages from any such person to the fullest extent permitted by law. If for any reason this Movement is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, or any other causes beyond the reasonable control of Xendurance which corrupt or affect the administration, security, fairness, integrity or proper conduct of the promotion, then Xendurance reserves its right at its sole discretion to cancel, terminate, modify or suspend the Movement.
To the maximum extent permitted by law, in no event will Xendurance be responsible or otherwise liable for any damages or losses of any kind, including direct, indirect, incidental, consequential or punitive damages related to the promotion, including any access to or use of the application, website, or any downloading from or printing material from the website or application. Everything on the website and application is provided “as is” without warranty of any kind, either expressed or implied, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions may not allow 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. Winners agree that all prizes are provided “as is” without any warranty, representation, or guarantee, express or implied, in fact or in law, whether now known or hereinafter enacted, relative to the use or enjoyment of the prize, including, without limitation, its quality, merchantability, or fitness for a particular purpose. Further, no responsibilities are accepted for any additional expenses, omissions, delays, or re-routing resulting from any acts of any government or authority.
Disputes: Except where prohibited, Participant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Movement or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate state or federal court located in Phoenix, Arizona (ii) any and all claims, judgments and awards on behalf of Participant shall be limited to actual out-of-pocket costs incurred, if any, including costs associated with entering this Movement, but in no event attorneys’ fees, and in no event to exceed two hundred fifty dollars ($250); and (iii) under no circumstances will Participant be permitted to obtain awards for, and Participant 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; and (iv) this challenge and any dispute arising under or related thereto (whether for breach of contract, tortious conduct or otherwise) will be governed by the internal laws of the State of Arizona without giving effect to its conflicts of law or choice of law principles or rules that would cause the application of any other state’s laws.
Odds of Winning: Odds of winning depend on the number of eligible submission forms received during the Movement submission dates.
