Challenge Rules & Release of Liability Waiver

THE BOMBSHELL FITNESS SEXY SANTA CHALLENGE ® 2024 – OFFICIAL RULES

1. Contest Period. The Bombshell Goal Digger CHALLENGE (“Contest”) begins on November 11th, 2024 at 12:01:00 AM Eastern Standard Time (“EST”) and ends on January 5th, 2025 at 11:59 PM EST, unless earlier terminated or extended by Sponsor in its sole discretion (“Contest Period”). Within the Contest Period are a Preliminary Round Entry Period, a Final Round Submission Period, and a First Round Public Voting Period, and Final Round Public Voting Period, which are explained in detail below in Sections 4, 5, and 6.

1. Eligibility. The Contest is open to anyone that is a legal resident of the fifty (50) United States (including the District of Columbia), Puerto Rico, Canada, and the United Kingdom, and where not prohibited by law who are at least eighteen (18) years of age or the legal age of majority in the place of domicile at the time of entry. Contestants pay $149 challenge registration fees for entries. Entries submitted after November 10th, 2024 at midnight EST will not be accepted. Employees, officers, directors, ambassadors, and agents of Sponsor or its parents, subsidiaries, and affiliates, and members of their immediate families (spouses, parents, siblings and children, regardless of where they live) and those living in the same household are not eligible to enter or win. Individuals who have participated in a test group or study of Sponsor and whose results are due at least in part to such test group or study are not eligible to enter. Winners of any prior transformation or similar contest sponsored in whole or in part by the Sponsor, including prior Bombshell Fitness Challenge contests or any other transformation-based contests, are eligible to enter the Contest by submitting all new materials in compliance with these Official Rules along with new “before” pictures and measurements that verifiably post-date the “after” picture and measurements submitted as part of the winning entries in such prior contests. Sponsor reserves the right to verify the eligibility of winners. Participation in the Contest constitutes your full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Contest.
2. Contest Description. Subject to the terms and conditions herein, during the Preliminary Round Entry Period, you (“you”) will have the opportunity to submit:

1. How To Enter. In order to enter the Contest and be eligible to win a prize, you must meet all eligibility requirements herein and have provided all information required on your Bombshell account information page (not your public profile), including your current full name, age, gender, email, home address and telephone number. You must then submit a complete and valid Preliminary Round Entry, which must adhere to the following guidelines:

1. Required Materials.

1. How To Enter. In order to be eligible to participate in the Final Submission Rounds, you must have completed all the steps required in the Preliminary Entry Round as determined by the Sponsor in accordance with these Official Rules and meet all other requirements herein. To enter the Final Submission Round and be eligible for judging, you must submit a complete and valid Final Submission Round Entry during the Final Submission Round Entry Period, which must adhere to the following guidelines:

1. Required Materials

1. How Will Entries Be Judged?

1. Winner Announcement; Notification; Requirements. Winners of each round may be announced by Sponsor via Sponsor’s official websites and social media pages, including at BombshellFitness.com, at Sponsor’s sole discretion. Winners of the First Submission Round will be notified and announced around January 15th, 2025. Final Submission Round will be notified and announced on or around January 22nd, 2025. Winners do not have to be present to win. Sponsor reserves the right to announce the winners at earlier or later dates. Each potential prize winner will be notified by Sponsor via email or by telephone. You acknowledge and grant Sponsor the ability in its sole discretion to announce your name and reproduce the contents of any entry you submit on its websites, social media pages, or in any other form of public communication, subject to Sponsor’s Privacy Policy. Each Preliminary Round winner and winner of a Personally Sponsoring Coach Prize will, to the extent permissible by applicable law, be required to sign and return, within seven (7) days of notification or attempted notification, an affidavit of eligibility, a liability waiver, and where allowable, a Publicity Release (collectively, the “Releases”). Each prize winner will also be required to complete and return a W-9 Form or other appropriate tax form based on the prize winner’s place of residence, which will require the prize winner to furnish his/her Social Security Number or other similar identification number (to the extent applicable) for the sole purpose of tax reporting, as required by law. If a contestant fails to sign and return the Releases or tax form (as applicable) within the required time period, then, to the extent permissible by applicable law, the winner’s prize will be forfeited and, at Sponsor’s sole discretion, retained by Sponsor or awarded to an alternate potential winner receiving the next highest score pursuant to the applicable judging criteria. It is solely the responsibility of each contestant to make sure his/her Team Bombshell account information is accurate and current.

1. Prizes. Subject to these Official Rules and Sponsor’s application of the applicable judging criteria, the prizes are as follows:

1. Release YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT THE CONTEST AND YOUR PARTICIPATION IN ANY ACTIVITIES IN CONNECTION WITH THE CONTEST (COLLECTIVELY, “ACTIVITIES”) MAY HAVE POTENTIALLY SIGNIFICANT AND INHERENT RISKS AND DANGERS THAT NO AMOUNT OF CARE, CAUTION, INSTRUCTION, OR EXPERTISE CAN ELIMINATE. YOU HEREBY ACKNOWLEDGE AND WILLINGLY, EXPRESSLY AND VOLUNTARILY ASSUME ALL THESE RISKS WHICH MAY RANGE FROM MINOR INJURIES TO SEVERE PERSONAL AND/OR BODILY INJURY, DEATH OR DAMAGE TO OR LOSS OF PROPERTY OR PRIVACY, AND ANY RESULTING DAMAGES OR EXPENSES. YOU AGREE THAT YOU WILL NOT PARTICIPATE OR BE INVOLVED IN THE ACTIVITIES UNLESS YOU ARE IN THE PROPER PHYSICAL CONDITION (INCLUDING BY OBTAINING PROPER ADVICE FROM YOUR MEDICAL PROVIDER IF APPLICABLE) AND WILL IMMEDIATELY STOP ANY ACTIVITY IF YOU FEEL PAIN, DIZZINESS OR OTHER DISCOMFORT. By participating in the Contest in any way, uploading or making any Entry for consideration (for purposes of applicable Sections, the term “Entry” is used to refer to a Preliminary Round Entry and a Final Round Entry, both individually and collectively) or taking receipt of or using any prize that may be awarded, you agree to release and hold harmless Sponsor, Team Bombshell, and their respective parent companies, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees, and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property or privacy arising out of your participation in the Contest, the Activities, any posting online or otherwise of any part of your Entry for voting or otherwise, and/or receipt or use or misuse of any prize that may be awarded. NOTHING IN THESE OFFICIAL RULES SHALL DISCLAIM, LIMIT OR EXCLUDE LIABILITY FOR ANY LIABILITY WHICH MAY NOT BE DISCLAIMED, LIMITED OR EXCLUDED PURSUANT TO APPLICABLE LAW.
2. Your Content; License: By uploading or submitting an Entry in the Contest, including any information, text, images, audio, video and any other content (collectively, “Your Content”) and otherwise entering the Contest, you represent that (a) the Entry and Your Content is truthful, original to you and does not contain any material that would defame or otherwise violate or infringe upon the rights of any third party, including any patent, trademark, publicity, privacy, moral, trade secret, copyright and/or other proprietary rights, and does not violate any applicable federal, state, local or other laws or ordinances, (b) you own or have the necessary licenses, rights, consents and permissions to use and allow the use of the Entry and Your Content, including any and all patent, trademark, publicity, privacy, moral, trade secret, copyright, and/or other proprietary rights therein, and (c) you have the written consent, release, and/or permission of each and every identifiable person in the Entry and Your Content to use such person’s name or likeness in the Entry and Your Content for the uses contemplated herein. You represent that you have not copied or in any way taken any of the Entry or Your Content from any third party.

1. Publicity; Marketing: Except where prohibited by law, your participation in the Contest constitutes your express and irrevocable consent to Sponsor’s and its agents’ worldwide use of Your Content, including without limitation your name, likeness, photographs, essay question answers, voice, opinions, biographical details and any other information you may submit or Sponsor may obtain in connection with your Entry for promotional, marketing and trade purposes in any and all media now known or hereafter discovered, without further payment or consideration; including, without limitation, placement on the Bombshell Fitness website and creation of promotional videos featuring the winners or contestants. In addition, except where prohibited, participation in any part of the Contest constitutes your consent to Sponsor contacting you at a later date to inquire further and potentially gain more information about your transformation story. Further, as outlined above, participation in any part of the Contest constitutes your consent to have your Entry and Your Content, including all photos, video, statistics, or other materials, submitted to the Bombshell Fitness and Team Bombshell community for review and voting to determine the Grand Prize winners. You expressly acknowledge and agree that your Entry and Your Content will be accessible by others and that there is no confidentiality or privacy with respect to your Entry or Your Content. In addition, the information provided by you in your Entry may be used by Sponsor for the purpose of delivering its products and services, to inform you of other products or services available, or to contact you about your opinion of current and new products and services that may be offered. Sponsor may use your contact information in order to send you promotional e-mails, postal mail or other communications regarding products or services Sponsor may offer. Please see our Privacy Policy found at the bottom of our websites for more information about how we may use your information.
2. General Conditions: Void in any country outside of the United States of America, Canada, the United Kingdom, and where prohibited by law. Winning or accepting any prize that may be awarded in the Contest is contingent upon fulfilling all tax, regulatory, and legal obligations (including completion of any forms required in connection therewith) and any other requirements set forth in these Official Rules, which shall all be solely at each contestant’s obligation. The judging panel’s decisions shall be final and no correspondence shall be entered into. The submitting of an Entry confirms your full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Contest. Sponsor reserves the right to cancel, suspend, and/or modify the Contest and/or extend or delay the submission periods, judging periods, winner announcements, prize awards, or any part of thereof for any reason, due to force majeure (e.g. an act of war or terror), or if any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest in any manner, or for any reason related to the administration of the Contest, as determined by Sponsor in its sole discretion. In the event the Contest is not capable of running as planned, including due to infection by computer virus or bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor, which corrupt or affect the operation, administration, security, fairness, integrity or proper conduct of the Contest, Sponsor may, in its sole and absolute discretion and without any fault or liability, void any suspect entries and (a) cancel the Contest; (b) modify the Contest or suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules; and/or (c) award the prize from among the eligible, non-suspect Entries received up to the time of the impairment in accordance with the criteria in these Official Rules. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be involved with tampering with the entry process or the operation of the Contest, or to be acting in violation of these Official Rules, or in an unsportsmanlike or disruptive manner. Sponsor’s failure to enforce any provision or term of these Official Rules shall not constitute a waiver of that provision or any other provision herein.
3. Limitation of Liability: You recognize and agree that the Released Parties are not responsible for: (1) any injury to you or any other party, and any other personal or property damage that may be caused or that may occur as a result of your attempting to create the Submission Materials or Entry; (2) any incorrect or inaccurate information, whether caused by you or another contestant, printing errors, or by any of the equipment or programming associated with or utilized in the Contest; (3) technical failures of any kind, including, but not limited to, malfunctions, interruptions, or disconnections in phone lines, cable connections, or network hardware or software; (4) technical or human error which may occur in the administration of the Contest or the processing of entries, prize notification, and/or winner confirmation; (5) any lost, late, delayed, corrupted, undelivered, or undeliverable Entry or prize notification; (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from your participation in the Contest, or receipt or use or misuse of any prize that may be awarded; or (7) any cancellations, delays, diversions or substitutions, or any acts or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, third party prize providers or any other persons involved in providing any prize/rewards-related goods, services or accommodations. If for any reason your Entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, your sole remedy is another Entry in the Contest, provided that if it is not possible to award another Entry due to discontinuance of the Contest, none shall be awarded.

1. Disputes The specific dispute resolution terms in Section 9 of the Bombshell Terms and Conditions apply to this Contest. These dispute resolution terms outline specific terms relating to the governing law and jurisdiction applicable to this Contest based on your place of residence. For U.S. and Canada residents, these terms additionally include binding individual arbitration and waiver of class actions and class arbitration terms. For U.S. residents, those terms may be found here; for residents of Canada, those terms may be found here; for UK residents, those terms may be found here.
2. Privacy Policy: All Entries in the Contest are subject to Sponsor’s Privacy Policy, which may be accessed through the bottom of www.Bombshellfitness.com for U.S. residents, or as otherwise posted and updated on Sponsor’s websites. Without limiting the provisions of Sponsor’s Privacy Policy, you consent to the collection, use and disclosure of your personal information by Sponsor and its authorized agents for the purposes of administering the Contest and, if you are a winner, fulfilling the Contest prizes. Bombshell Fitness, LLC is the data controller of any personal data you provide in connection with your participation in the Contest.
3. Official Rules Request; Winner Confirmation Request. For a copy of the winners list or these Official Rules, send a hand-printed, self-addressed, stamped envelope to Bombshell Challenge at 545 N Park Avenue, Winter Park, FL 32789.

BOMBSHELL FITNESS RELEASE OF LIABILITY, TERMS, CONDITIONS AND DISCLAIMERS

1. As a condition of membership in and/OR participation in any activities, programs and camps presented by Bombshell Fitness™, I acknowledge that I am participating in a fitness and nutrition program (the “Program”) utilizing the Bombshell Fitness Training System™. During my membership and participation in the Program, I will receive information and instruction about the Bombshell Fitness Training System™ which is a unique and specialized combination of clean nutrition, weight training, plyometric workouts and cardiovascular training. Such information and instruction includes online training programs supported by the Bombshell Fitness™ coaching staff of International Federation of BodyBuilding and Fitness (IFBB) professionals, as well as personal and group training programs offered year-round at Bombshell Fitness™ camps and academies hosted either at the Bombshell Fitness™ complex in Orlando, Florida, or at any other venue or location whereby Bombshell Fitness hosts a training camp, seminar or promotion of any kind.
2. I recognize that the Program requires physical exertion that may be strenuous and may cause physical injury, and I am fully aware of the risks and hazards involved in participating in such activities. I also recognize and am fully aware that the use of exercise equipment, whether or not at Bombshell Fitness™ club facilities or otherwise provided by Bombshell Fitness™, may cause physical injury, and I am fully aware of the risks and hazards associated with using such equipment.
3. I hereby acknowledge that my Bombshell Fitness™ membership, participation in the Program and any activities related to or presented by Bombshell Fitness, and/OR participation as a non-member in any individual camp or academy presented by Bombshell Fitness, which includes physical training and nutritional instruction, is voluntary. I understand that Bombshell Fitness™ has no control regarding whether or not, and how, I use the Program, how I perform the training exercises, or whether or not I follow the nutritional instructions and recommendations of BombshellFitness™.
4. I understand that it is my responsibility to consult with a physician prior to and regarding my participation in the Program and/OR participation in any individual camp or academy presented by Bombshell Fitness. I represent and warrant that I am physically fit, and I have no medical condition (including, without limitation, disability, impairment, drug use, or ailment) that would prevent my full participation in the Program. Bombshell Fitness™ will make no evaluation or recommendation as to whether or not I am medically fit for any nutritional program or exercise activity.
5. In consideration of my membership in Bombshell Fitness™ and being permitted to participate in the Program and/OR participation as a non-member in any individual camp or academy presented by Bombshell Fitness, I hereby fully and completely indemnify and hold harmless, release, insure, defend, acquit, and forever discharge Bombshell Fitness, LLC, and its respective parent companies, subsidiaries, and affiliates, as well as any officers, directors, members, managers, contractors, coaches, and employees thereof (collectively, the “Releasees”), of and from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of actions, suits, rights, demands, costs, losses, debts, expenses and attorney’s fees, known or unknown, which I have, own, hold, claim to have, or will have, will own, will hold or may claim to have for any injury, loss, accident, damages or death which may occur to me while I am participating in the Program including my exercise training (whether or not directed by any coach of Bombshell Fitness™), my use of any nutrition instructions or recommendations provided by Bombshell Fitness™, and my use of any fitness equipment (whether or not provided by Bombshell Fitness™). The foregoing includes my waiver and release of Bombshell Fitness, LLC and the other Releasees from any liability which is attributable to the negligence of Bombshell Fitness, LLC or any of the other Releasees.
6. I, my heirs and legal representatives, forever release, waive, discharge and covenant not to sue Bombshell Fitness, LLC or any of the other Releasees for any injury, death, or other damages caused by the negligence of Bombshell Fitness™ or other acts or acts of any third party arising out of or related to the Program including any nutrition instructions or recommendations provided by Bombshell Fitness™ and the fitness equipment (whether or not provided by Bombshell Fitness™).

1. I acknowledge and understand that my participation in Bombshell Training could result in my exposure to bodily injury, illness, loss, or death, as well as property losses and/or damage to property. For and in consideration of Bombshell Fitness, LLC (“Bombshell”) permitting me to locate and enroll in virtual Bombshell Training through the Bombshell/B-Connected websites, and the Coach teaching such Bombshell Training permitting me to enroll and participate in the Bombshell Training, and in recognition of the possible dangers to which I voluntarily subject myself by participating in the Bombshell Training and related activities, I HEREBY AGREE AS FOLLOWS:
2. I hereby voluntarily for myself, my spouse, assignees, heirs, guardians or personal representatives, from the date of entry into this Waiver and Release, hold Bombshell and the Coach teaching the Bombshell Training which I enroll and participate in, as well as their agents, employees, officers, directors, spouses, assignees, heirs, guardians or personal representatives blameless and waive any and all rights and causes of action and associated costs for any accident, injury, illness or death, occasioned by my participation in the Bombshell Training, unless caused by the negligence of Bombshell or the Coach, their agents, employees, officers, directors, spouses, assignees, heirs, guardians or personal representatives.
3. In the event I am injured, I voluntarily agree to assume any financial obligation, either through personal health insurance, or through some other means, for any medical costs which I incur and Bombshell and the Coach teaching the Bombshell Training assumes no responsibility for any medical expenses, injury, or personal damage suffered by me in connection with the use of any facilities or services in connection with the Bombshell Training, unless caused by the negligence of Bombshell or the Coach, their agents, employees, officers, directors, spouses, assignees, heirs, guardians or personal representatives.
4. I hereby voluntarily assume all risk of damage or loss to my property while participating in the Bombshell Training and relieve Bombshell and the Coach teaching the Bombshell Training from liability for any and all property damage or loss, unless caused by the negligence of Bombshell or the Coach, their agents, employees, officers, directors, spouses, assignees, heirs, guardians, or personal representatives.

GENERAL PROVISIONS

DISCLAIMER/MODIFICATIONS