AGOGIE Weight Loss Challenge Official Rules

What's in it for me?

The AGOGIE Weight Loss Challenge will take place April 4th thru May 30th 2022.

• At the conclusion of the 8-week AGOGIE Weight Loss Challenge, there will be 1 male and 1 female winner. The winning Contestant will receive a "prize" of $250 (USD).
• Additionally, $2 for every pound lost will be refunded on a prior AGOGIE purchase to every participant that completes the challenge.
• Contestants who post their progress photos at the 4-week mark (5/1/22-5/7/22) will be contacted to receive an AGOGIE T-Shirt.
• Contestants have access to the Xist Fitness App at no cost .

Eligibility and criteria for each of the prizes above is further described below.

WHO CAN ENTER?

Eligibility: AGOGIE Weight loss Challenge is open to individuals who are eighteen (18) years of age or older. An AGOGIE resistance pants prior purchase is necessary. Contestants must be a national or legal permanent resident of The United State or Canada. Employees, and agents of AGOGIE and members of their immediate family (including spouses, parents, siblings, children and their respective spouses) and persons living in the same household with any such individuals are ineligible. Only one (1) entry per person will be accepted. This Contest is void where prohibited or restricted by law.

SPONSOR

This Contest is sponsored by AGOGIE Inc, Saint Louis, MO (“Sponsor”).

TO ENTER

Limit one (1) entry per person. Any attempt by an Entrant to obtain more than the allowable entries by using multiple/different e-mail address, identities or any other methods will void all of such Entrant’s entries. Sponsor reserves the right to verify eligibility of all Entrants. Illegible and/or incomplete entries and entries submitted by Entrants who do not meet the eligibility requirements are void.

Sponsor is not responsible for any incorrect or inaccurate entry information, human error, technical malfunction, failures, omission, interruption, deletion, or defect of any telephone network, computer online systems, computer equipment, servers, access providers, or software, including any injury or damage to Contestant’s or any other persons’, computer relating to or resulting from participation in this Contest; inability to access the entry application or website or any pages thereof; theft, tampering, destruction, or unauthorized access to, or alteration of entries; entry submissions that are processed late or incorrectly or are incomplete, garbled, or lost due to computer or electronic malfunction or traffic congestion on the Internet or any website. Contestant agrees proof of entering information via the AGOGIE interest page is not considered proof of delivery or receipt. All dates set forth in these Rules are approximate.

Winner Selection and Notification: Winner(s) will be selected by total weight loss for both males and females from contestants who have submitted before and after photos and posts according to the requirements.

Winners will be announced on AGOGIE’s social media pages at the conclusion of each contest. All winners will be notified by email.

The potential winner will be required to sign and return within ten (10) days of notification attempt by Sponsor, an Affidavit of Eligibility, Liability and Publicity Release, including the potential winner’s full name and street address (no P.O. Boxes) within the Contest Area, or the prize will be forfeited and an alternate potential winner may be selected by Sponsor (and in such case this process will be repeated).

Use of any illegal or banned substances to achieve results is prohibited. Contestants may be required to test and/or sign an affidavit verifying that their transformation was achieved without the use of illegal substances.

IMPORTANT NOTICE TO CONTESTANTS: CONTESTANTS ARE RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN THEIR RESPECTIVE JURISDICTION.

PHOTO SUBMISSION:

To enter, Contestants must also submit one (1) “before” photograph on their social media page and tag AGOGIE (#AGOGIECHALLENGE) or submit them to marketing@agogie.com using the instructions provided and depicting: front body view including face; and body side view. Though not required, ¾ body or full-body pictures are best for showing Contestant’s full transformation. Sponsor reserves the right to contact any Contestant who has entered the Contest to request resubmission of one or more of the “before” or “after” photographs (collectively the “Images”) or to request that Contestant submit additional Images. Any entries submitted by anyone other than the person appearing in the Images, entries submitted by modeling agencies or similar professionally-produced photographs, or those that have been enhanced or altered will be rejected. An additional image showing the contestant standing on a scale with a legible weight viewable in AGOGIE pants must also be emailed to (marketing@agogie.com) verifying starting and ending weight. If you can not email your photos, you may also mail your entry (before and after photos) along with your name, email, phone number, and address to AGOGIE HQ ATTN: AGOGIE Weight Loss Team 1317Horan Drive, Fenton, MO 63026.

To complete, Contestants must also submit one (1) “after” photograph on their social media page and tag AGOGIE (#AGOGIECHALLENGE) or submit them to marketing@agogie.com using the instructions provided and depicting: front body view including face; and body side view. Though not required, ¾ body or full-body pictures are best for showing Contestant’s full transformation. Sponsor reserves the right to contact any Contestant who has entered the Contest to request resubmission of one or more of the “before” or “after” photographs (collectively the “Images”) or to request that Contestant submit additional Images. Any entries submitted by anyone other than the person appearing in the Images, entries submitted by modeling agencies or similar professionally-produced photographs, or those that have been enhanced or altered will be rejected. An additional image showing the contestant standing on a scale with a legible weight viewable in AGOGIE pants must also be emailed to (marketing@agogie.com) verifying starting and ending weight. If you can not email your photos, you may also mail your entry (before and after photos) along with your name, email, phone number, and address to AGOGIE HQ ATTN: AGOGIE Weight Loss Team 1317 Horan Drive, Fenton, MO 63026. Postage will not be reimbursed.

Submission of Images and entry in the Contest constitutes Contestant’s consent to use the Images on Sponsor’s websites, applications, and associated or affiliated websites, marketing, and promotion in perpetuity without compensation. Contestant represents and warrants that he or she has all rights to the Images and all materials submitted in connection with the Contest. Contestant grants Sponsor a perpetual, royalty-free, non-exclusive license to the Images and any materials submitted in connection with the Contest. Sponsor will decide, in its sole discretion, whether to accept Contestant’s photographs or other materials. Sponsor will not be responsible for any financial reimbursement to the original copyright holder for the right to publish the Images as provided herein. Sponsor will not be held under any obligation to publish a photo credit to the original copyright holder for the publication of an Image. Contestant agrees to hold Sponsor harmless, defend, and indemnify Sponsor from any and all liabilities, loss, claims, or causes of action, including reasonable attorneys’ fees and expenses, which may be incurred by Sponsor, arising out of or relating to Contestant’s Images or any violation of the Rules.

Contest Requirements and Timeline:

• Before photo posting to social media and weight verification photo should be completed by 4/8/22.  
• The four-week check-in photo should be posted and tagged on social media by 5/7/22.
• Submission of after photos, both emailed weight verification and tagged social media posts must be completed by 6/3/22.
• The winners will be determined no later than 6/10/22, with notification occurring 6/15/22.

PRIZES:

The prize winner will be eligible to receive the applicable prize (the “Prize”) specified in the Rules Supplement. No portion of the Prize may be transferred, or substituted, except by Sponsor (in its sole discretion), which reserves the right to substitute any portion of the Prize with a prize of equal or greater value for any reason, including, without limitation, Prize unavailability. All expenses not specifically identified as included in the Prize are the sole responsibility of the Prize winner. The Prize, and all elements thereof, is subject to availability. The Prize is awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied (including, without limitation any implied warranty of merchantability or fitness for a particular purpose). Acceptance, participation in and/or use of the Prize is at winner’s sole risk and the sponsor is not responsible for any damages whatsoever including special, indirect, or consequential damages, arising out of or in connection with the use and/or misuse of the Prize.

Prize winner will be solely responsible for all federal, state and local taxes and fees and other expenses associated with his/her Prize receipt and/or use that are not expressly included in the Prize description. The Prize winner may be issued a 1099 tax form for the approximate retail value of the Prize. Failure to take or complete any portion of the Prize does not relieve the Prize winner of his/her tax obligations associated with winning the Prize.

PRIZE CONDITIONS:

Except where prohibited by law, the Prize winner’s entry and acceptance of the Prize constitutes the winner’s irrevocable, sub-licensable, absolute right and permission for the Contest Entities, to use, publish, post or display said Prize winner’s name, photograph, likeness, statements, biographical information, voice, city and state address, Prize information, any quotes attributable to him or her and any other indicia of persona (regardless of whether altered, changed, modified, edited, used alone, or used with other material in the Contest Entities’ sole discretion) for any purpose, including but not limited to advertising, trade, promotional and publicity purposes, on a worldwide basis, and in all forms of media now known or hereafter devised, in perpetuity, without further authorization, notification, opportunity to review, approval or compensation of any kind, and each Entrant releases all Contest Entities from any and all liability related thereto. Nothing contained in these Official Rules obligates the Contest Entities to make use of any of the rights granted herein and Prize winner waives any right to inspect or approve any such use.

GENERAL CONDITIONS:

This contest is subject to all applicable federal, state and local laws. By participating, entrants agree to be bound by these Official Rules and the decisions of Sponsor. Entrants waive any right to claim ambiguity in the Contest or these Official Rules. All Entrants agree to follow the Official Rules and release, discharge, hold harmless and indemnify the Contest Entities and each of them (collectively, the “Released Parties”) against any and all liability, damages or causes of action (however named or described), with respect to or arising out of any injuries, damages 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 any prize or participation in any promotional-related activity or participation in this Contest. In consideration for being awarded the Prize, or any portion thereof, Prize winner hereby agrees and consents, without further authorization, compensation or remuneration of any kind, to the use of Prize winner’s name and/or likeness in any and all advertising, promotions and other publicity conducted by Contest Entities, except where prohibited by law. Sponsor reserves the right to modify the scheduling of the Contest without prior notification, and the right to make changes or additions to these Official Rules for any reason at any time. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. By entering, Contestants agree that Sponsor, its affiliates and licensees may use Contestant’s names, likeness, the Images, video, personal information, and statements made by Contestant to Sponsor or by Contestant on social media, information on the entry form for advertising and promotional purposes in all media worldwide (including the internet) without additional compensation Contestant irrevocably grants the right to edit or modify and to publish and copyright the foregoing. Any Submitted Photographs or photographs or video posted on the internet exhibiting Entrant’s, Contestant’s or any other person’s nipples or genitals may be rejected and will result in disqualification from contest. The determination of whether any image exhibits nipples or genitals is in the sole discretion of Sponsor. Images submitted should minimize the appearance of logos and/or name brands of competitor athletic brands.

USE OF PERSONAL INFORMATION:

In order to participate in the Contest, Entrants will be required to supply certain information about themselves on the Contest entry pages. Sponsor has specified which information is mandatory in order to participate in the Contest. This information will be used by Sponsor for the purposes of administering the Contest, and may be shared with other Contest Entities.

RELEASE:

Winners and entrants release, discharge, and agree to indemnify and hold harmless, the Sponsor, Contestant 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 contest.

LIMITATIONS OF LIABILITY:

The Contest 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 Sponsor 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 Contest, or other telecommunications malfunctions which may limit an entrant’s ability to participate. Sponsor may prohibit an Entrant from participating in the Contest or winning the Prize if, in its sole discretion, it determines that said Entrant is attempting to undermine the legitimate operation of the Contest 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 Entrants or Sponsor representatives. Any attempt by any person to deliberately damage any application or website or undermine the legitimate operation of the Contest is a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. If for any reason this Contest 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 Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the promotion, then Sponsor reserves its right at its sole discretion to cancel, terminate, modify or suspend the Contest.

FURTHER LIABILITY LIMITATIONS:

To the maximum extent permitted by law, in no event will SPONSOR 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, 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 appropriate state or federal court located in St. Louis, Missouri (ii) any and all claims, judgments and awards on behalf of Entrant shall be limited to actual out-of-pocket costs incurred, if any, including costs associated with entering this Contest, but in no event attorneys’ fees, and in no event to exceed two hundred fifty dollars ($250); 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; and (iv) this Contest 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 Missouri 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 entries received in a Contest Period, max 50 participants, and physical results and actions of each contestant.

Xist Fitness APP USAGE

The Xist Fitness App has been developed based on basic health parameters. It is important to note that the Xist App nor AGOGIE are healthcare entities. Neither are they intended to treat medical conditions.

Each individual’s health is unique to them and you should consult with your personal healthcare provider/professional before beginning use of the Xist Fitness App or wearing AGOGIE pants.

In consideration of using the Xist fitness app and/or participating in AGOGIE Weight Loss Challenge offered by AGOGIE, use of the programs, interactions with Advisors, in addition to the payment of any fee or charge for the app, I do hereby waive, release, and forever discharge and hold harmless AGOGIE, LLC and it's consultants, officers, agents, advisors, athletes, legionnaires, and employees from any and all responsibility, liability, cost and expenses, including injuries or damages, resulting from my participation in any activity, or my use of any programs designed by AGOGIE, LLC. I do also hereby release AGOGIE, LLC it's it's consultants, officers, agents, advisors, athletes, legionnaires, and employees from any responsibility or liability for any injury, damage or disorder (physical, metabolic, or otherwise) to myself, or in any way coming about out of or connected with my participation in any activities with AGOGIE, the Xist Fitness App, and the My AGOGIE Weight Loss Challenge.

The Xist Fitness App will be made available to all registered contestants for the full duration of the AGOGIE Weight Loss Challenge without charge. Individual’s who express interest in continuing usage of the Xist Fitness App and all its benefits will be required to pay an ongoing monthly usage fee.

I also understand that participating in physical activity and doing movements that require strength, flexibility, mobility, and cardiovascular capacity/aerobic exercise, with or without equipment are a potentially hazardous activity.

I also understand that fitness activities involve a risk of injury and even death, and that I am voluntarily participating in these activities whether I am using equipment, machines, or not, and am aware and acknowledge of the dangers involved.

I hereby agree to expressly assume and accept any and all risks of injury or death related to said fitness activities and usage of the AGOGIE App. In addition, I state and certify that I am 18 years of age or older and cleared by my healthcare provider to be healthy for physical activity and use the AGOGIE App in it's entirety and participation in the My AGOGIE Weight Loss Challenge.