T E AM B E ACHBODY ® E LITE C HALLE NGE 2018
OFFICIAL RULES
S PONS ORE D BY : B E ACHBODY , LLC IN T HE U NITED S T ATES AND
T E AM B E ACHBODY C AN ADA LP IN C ANADA
1.
Challenge Description: Team Beachbody invites all Qualified Coaches to earn Elite
Points to be eligible to receive Elite Rewards (as defined below). These official rules (“Elite
Challenge Official Rules” or “Official Rules”) govern this Elite Challenge.
As explained below, “Elite Rewards” (referring to all the items you can earn as listed in Section 6
below (including the title of “2018 Elite Coach”, the Elite Bonus, and VIP treatment at select Team
Beachbody events) are based on “Elite Ranking Leadership Points” and “Elite Points” (as
defined in Sections 4 and 5 ). For information on how to earn Elite Points, please see Section 4
below. For information on how to earn Success Club Points and achieve Success Club 5 and 10
Qualifications, please see the Team Beachbody Success Club Points Challenge Official Rules
(“Success Club Rules”) available through the Coach Online Office.
2.
Challenge Period: The Team Beachbody Elite Challenge 2018 (“Elite Challenge”) begins
on January 1, 2017, at 12:00 AM Eastern Time (“ET”), and ends on December 31, 2017, at 11:59
PM ET (“Challenge Period”). Beachbody, LLC and Team Beachbody Canada LP’s (as applicable)
(collectively, “Team Beachbody”) computer is the official time-keeping device for the Challenge
Period.
3.
Coach Qualifications: To participate in the Elite Challenge and be eligible to win Elite
Rewards, you must be a Team Beachbody Coach, current with all Coach Business Service Fees,
in good standing, and in compliance with the Independent Team Beachbody Coach Policy and
Procedures at all times during the Challenge Period, at the time any Elite Reward is awarded, and
at the time of each of the Events (as defined below) (“Qualified Coach”).
How to Earn Elite Points
4.
Elite Points: Subject to the terms, conditions and limitations herein, and verification by
Team Beachbody, you can earn Elite Points as follows:
(a)
Earning Advancement Team Volume Points: You can earn one (1) Elite Point
for every Ten Thousand (10,000) Advancement Team Volume points you earn in 2017 which are
in excess of (over and above) the Advancement Team Volume points you earned in 2016.
Advancement Team Volume is defined as the total of all Personal Volume (“PV”) produced by your
first three (3) direct lines of sponsorship (“ATV”). By way of example only, if you received Twenty
Thousand (20,000) ATV points in 2016, and Fifty Thousand (50,000) ATV points in 2017, then you
will receive Three (3) Elite Points under this Section 4(a) ((50,000-20,000 = 30,000)/10,000 = 3
Elite Points).
(i)
ATV Increase: Subject to the maximum Elite Point limitation in Section
4(a)(ii), you have the opportunity to increase your 2017 ATV points as follows:
(1) Ten Percent Increase. If you advance four (4) or five (5) people who
you have enrolled as a new Team Beachbody Coach (“Personally Sponsored Coaches”) to
lifetime rank of Diamond or higher (as defined in the then current Team Beachbody Compensation
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Plan) during the Challenge Period who each hold a current paid as rank of Diamond or higher as
of the close of any bonus week which closes in the month of December 2017 (“Any December
2017 Bonus Week”), then your 2017 ATV will be increased by Ten Percent (10%).
a. Example: By way of example only, if you (A) earned Thirty
Thousand (30,000) ATV points in 2016, (B) earned One Hundred Thousand (100,000) ATV points
in 2017, and (C) advanced four (4) Personally Sponsored Coaches to lifetime rank of Diamond or
higher in 2017 (who each held a current paid as rank of Diamond or higher as of the close of Any
December 2017 Bonus Week), then (D) you will have earned One Hundred Ten Thousand
(110,000) 2017 ATV points for purposes of calculating Elite Points (100,000 + (100,000 x 10%) =
110,000 ATV points) and 8 Elite Points ((110,000-30,000=80,000)/10,000 = 8 Elite Points).
(2) Twenty Percent Increase. If you advance six (6) or more Personally
Sponsored Coaches to lifetime rank of Diamond or higher during the Challenge Period who each
hold a current paid as rank of Diamond or higher as of the close of Any December 2017 Bonus
Week, then your 2017 ATV will be increased by Twenty Percent (20%). For clarity, the increases
in Sections 4(a)(i)(1) and 4(a)(i)(2) may not be combined (i.e., Qualified Coaches will only get one
or the other increase depending on the number of Personally Sponsored Coaches advanced).
a. Example: By way of example only, if you (A) earned One
Hundred Thousand (100,000) ATV points in 2016, (B) earned Two Hundred Fifty Thousand
(250,000) ATV points in 2017, and (C) advanced six (6) Personally Sponsored Coaches to lifetime
rank of Diamond or higher in 2017 (who each held a current paid as rank of Diamond or higher as
of the close of Any December 2017 Bonus Week), then (D) you will have earned Three Hundred
Thousand (300,000) ATV points for purposes of calculating Elite Points (250,000 + (250,000 x 20%)
= 300,000 ATV points) and 20 Elite Points ((300,000-100,000=200,000)/10,000 = 20 Elite Points).
(ii)
Maximum Elite Points Allowed: You may not earn more than thirty (30)
Elite Points under this Section 4(a) towards Elite Qualifications.
(b)
Personal Volume From New Personally Sponsored Coaches: You can earn
one (1) Elite Point for every Five Hundred (500) PV points produced by your Personally Sponsored
Coaches during the Challenge Period who enroll as a new Coach during the Challenge Period.
(i)
Maximum Elite Points Allowed: You may not earn more than fifty (50) Elite
Points under this Section 4(b) towards Elite Qualifications.
(ii)
Special Notes: Only PV produced by your new Personally Sponsored
Coaches will count towards Elite Points in this Section 4(b); PV that you produce from your own
Coach Business Centers do not count towards Elite Points in this Section 4(b). For your new
Personally Sponsored Coaches who have multiple Coach Business Centers, PV produced from
those multiple Coach Business Centers will only count towards your Elite Points if the primary
Coach Business Center was enrolled during the Challenge Period.
(c)
Personal Volume from New Customers: You can earn one (1) Elite Point for
every Five Hundred (500) PV points generated from purchases of Team Beachbody products by
your New Customers during the Challenge Period. A “New Customer” is defined as a customer
who creates a Team Beachbody account online at TeamBeachbody.com for the first time during
the Challenge Period. A customer who creates an account before the Challenge Period will not
count, even if that same customer placed their first order in the Challenge Period.
(i)
Maximum Elite Points Allowed: You may not earn more than twenty-five
(25) Elite Points under this Section 4(c) towards Elite Qualifications.
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(d)
Success Club 5 or 10 Qualifications by Personally Sponsored Coaches: You
can earn one (1) Elite Point each time a Personally Sponsored Coach who you enrolled as a new
Coach in 2016 or 2017 achieves Success Club 5 or 10 Qualification in any calendar month during
the Challenge Period.
(i)
Potential Bonus Opportunity: You can earn two (2) times the number of
Elite Points you receive in any calendar month during the Challenge Period under this Section 4(d)
if you also achieve Success Club 5 or 10 Qualification during that same month.
(1) Example: if: (A) you earned ten (10) Elite Points in January 2017 from
Personally Sponsored Coaches who signed up as a Coach in 2016 or 2017 and who achieved
Success Club 5 or 10 Qualification in January 2017, and (B) you also achieved Success Club 5 or
10 Qualification in January 2017, then (C) you will earn twenty (20) total Elite Points for January
2017 (10 x 2 = 20 Elite Points).
(ii)
Maximum Elite Points Allowed: You may not earn more than fifty (50) Elite
Points under this Section 4(d) towards Elite Qualifications (including Elite Points earned through
the Potential Bonus Opportunity above).
How to Earn Elite Ranking Leadership Points
5.
Elite Ranking Leadership Points: Subject to the terms, conditions and limitations herein,
and verification by Team Beachbody, you can earn Elite Ranking Leadership Points as follows:
(a)
Lifetime Rank Advancement: You can earn twenty-five (25) Elite Ranking
Leadership Points each time a Personally Sponsored Coach rank advances to a new lifetime rank,
from lifetime Diamond rank up to lifetime 5 Star Diamond, during the Challenge Period. You may
not earn more than one hundred twenty-five (125) Elite Ranking Leadership Points per Personally
Sponsored Coach under this Section 5(a).
(i)
Example 1. If your Personally Sponsored Coach advances from lifetime
Diamond rank to lifetime 1 Star Diamond during the Challenge Period, you will receive twenty-five
(25) Elite Ranking Leadership Points.
(ii)
Example 2. If your Personally Sponsored Coach advances from lifetime
Diamond rank to lifetime 3 Star Diamond during the Challenge Period, you will receive seventy-five
(75) Elite Ranking Leadership Points (25 Elite Ranking Leadership Points x 3 lifetime rank
advancements). For clarity, you will receive seventy-five (75) Elite Ranking Leadership Points
whether your Personally Sponsored Coach rank advanced three (3) times (from lifetime Diamond
rank to lifetime 1 Star Diamond, to lifetime 2 Star Diamond, and to lifetime 3 Star Diamond), or if
your Personally Sponsored Coach rank advanced only once, from lifetime Diamond rank directly
to lifetime 3 Star Diamond.
(b)
Team Leader: You can earn twenty-five (25) Elite Ranking Leadership Points each
time a Personally Sponsored Coach qualifies for the Team Leader rung on the Leadership Ladder
for the first time during the Challenge Period. For information on how to achieve Leadership Ladder
Rungs, please see the Leadership Ladder Benchmarks Guide available through the Coach Online
Office. No additional Elite Ranking Leadership Points will be awarded if a Personally Sponsored
Coach advances again to Organization or Executive Leader during the Challenge Period. You may
not earn more than twenty-five (25) Elite Ranking Leadership Points per Personally Sponsored
Coach under this Section 5(b).
(i)
Example 1. If your Personally Sponsored Coach advances to Team
Leader for the first time during the Challenge Period, you will earn twenty-five (25) Elite Ranking
Leadership Points.
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(ii)
Example 2: if your Personally Sponsored Coach qualifies for the Team
Leader rung for the first time during the Challenge Period and rank advances from lifetime Diamond
to lifetime 5 Star Diamond during the Challenge Period, you will earn one hundred fifty (150) Elite
Ranking Leadership Points (25 Elite Ranking Leadership Points for the Team Leader qualification
plus 25 Elite Ranking Leadership Points for each lifetime rank advancement from lifetime Diamond
to lifetime 5 Star Diamond (25 + (25 x 5 = 125) = 150).
(iii)
Example 3: if your Personally Sponsored Coach qualifies for the Team
Leader rung for the first time during the Challenge Period and rank advances from lifetime 3 Star
Diamond to lifetime 7 Star Diamond during the Challenge Period, you will earn seventy-five (75)
Elite Ranking Leadership Points (25 Elite Ranking Leadership Points for the Team Leader
qualification plus 25 Elite Ranking Leadership Points for each lifetime rank advancement from
lifetime 3 Star Diamond to lifetime 5 Star Diamond 25 + (25 x 2 = 50) = 75)
(c)
Additional Terms and Restrictions. You may not earn more than one hundred fifty
(150) total Elite Ranking Leadership Points for each Personally Sponsored Coach during the
Challenge Period under this Section 5(c). For clarity, Elite Ranking Leadership Points only count
towards ranking and not towards qualifying for Elite. Elite Qualifications are set forth in Section 6,
below. Please see the current Team Beachbody Compensation Plan for definitions of all lifetime
ranks (including Diamond, 1 Star Diamond, 2 Star Diamond up to 5 Star Diamond), and see the
Leadership Ladder Benchmarks Guide available through the Coach Online Office Team for
information on the Leadership Ladder, Team Leader, Organization and Executive Leader.
Additional Limitations/Exclusions: Elite Points that you earn from PV points and Coach signups produced from the Customer Lead Program, the Shakeology Lead Program, or Coach
Connection Program do not count toward Elite Qualifications. Elite Points associated with any
products that are returned or refunded will not be counted toward Elite Qualifications and will be
deducted from your Elite Points. There are additional exclusions detailed in the Success Club Rules
which may apply.
Elite Qualifications
6.
Elite Qualifications: Subject to the terms, conditions and limitations herein, and
verification by Team Beachbody, Team Beachbody is offering you the opportunity to be eligible to
earn Elite Rewards by meeting all of the following qualifications (“Elite Qualifications”):
(a)
Being a current paid as five (5) Star Diamond rank or higher (as defined in the then
current Team Beachbody Coach Compensation Plan) as of the close of Any December 2017 Bonus
Week; and
(b)
Earning at least One Hundred Thirty-Five (135) Elite Points as of the end of the
Challenge Period; and
(c)
Advancing at least two (2) Personally Sponsored Coaches to a lifetime rank of
Diamond or higher during the Challenge Period who each hold a current paid as rank of Diamond
or higher as of the close of Any December 2017 Bonus Week.
Elite Rewards
7.
Elite Rewards: Subject to the terms, conditions and limitations herein, and verification by
Team Beachbody, if you meet the Elite Qualifications in Section 6 above, you will be eligible to
receive:
(a)
The title of “2018 Elite Coach.”
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(b) The “Elite Bonus” of One Hundred Dollars ($100) in any calendar month in 2018
where you both:
(i) Achieve Success Club 5 or 10 Qualification (in accordance with the
qualification requirements in effect at that time) in that same month in 2018; and
(ii) Are a current paid as five (5) Star Diamond rank or higher (as defined in the
then current Team Beachbody Coach Compensation Plan) as of the close of at least one (1) bonus
week during that same calendar month in 2018.
- Close of Bonus Week: The date on which a bonus week closes determines the
month during which you are eligible for the Elite Bonus. For example, if the close
of a bonus week ends in July, your rank qualification will apply towards the month
of July (even if the week started in the month of June).
- Bonus Payment: The Elite Bonus will be paid by Team Beachbody through your
commission check in the month following your qualification and verification by
Team Beachbody.
(c) The “Top 200 Elite Bonus” of Four Hundred Dollars ($400) in any calendar month in
2018 where you both:
(i)
Earn the “Elite Bonus” in Section 7(b); and
(ii)
Are one (1) of the top two hundred (200) overall 2017 Elite Point earners
from New Personally Sponsored Coach PV in Section 4(b), New Customer PV in Section 4(c),
Success Club 5 or 10 Qualifications from Personally Sponsored Coaches in Section 4(d), and Elite
Ranking Leadership Points in Section 5 among all Qualified 2018 Elite Coaches.
- NOTE: Elite Ranking Leadership Points can contribute towards ranking but have
no effect on qualifications.
- Limitations/Exclusions: Except to break a tie as detailed below, Elite Points that
you earn through ATV Points in Section 4(a) do not count towards Top 200 Elite
Bonus qualifications.
- Ties: In the event of a tie in the Top 200 Elite Bonus, the potential winners will be
selected based on the highest overall Elite Points earned through ATV Points
during the Challenge Period, as set forth in Section 4(a). For the purpose of
breaking ties, the ATV Increase will not be applied. If ties remain, the potential
winners will be selected based on the highest overall ATV Points earned during
the Challenge Period.
(d) Two (2) VIP floor passes to certain general session events during the Team
Beachbody 2018 Coach Summit (“2018 Coach Summit”).
- Details: Team Beachbody will announce the dates, location and other information
for the 2018 Coach Summit once they become available. In order to receive the
two (2) VIP floor passes, you are required to register for, purchase a ticket to, and
attend, the 2018 Coach Summit.
(e)
Onstage recognition at the 2018 Coach Summit.
- Details: Team Beachbody will announce the dates, location and other information
for the 2018 Coach Summit once they become available. In order to receive the
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onstage recognition, you are required to register for, purchase a ticket to, and
attend, the 2018 Coach Summit.
(f)
Custom 2018 Elite jacket.
(g) An invitation to attend the “Elite Evening” at the 2018 Coach Summit Event which
includes a Two Hundred Dollar ($200) award.
- Details: The “Elite Evening” is tentatively scheduled to take place one (1) day prior
to the 2018 Coach Summit. Team Beachbody will announce the dates, location
and other information for the Elite Evening once they become available. The $200
award will be paid through each winner’s commission check in or around June,
2018. In order to receive the $200 award, you must register and fully pay for, and
attend the Elite Evening and 2018 Coach Summit.
(h) Two (2) VIP seats to certain events during the 2018 Leadership Retreat (“2018
Leadership Retreat”).
- Details: Team Beachbody will announce the dates, location and other information
for the 2018 Leadership Retreat once they become available. In order to receive
the two (2) VIP seats, you are required to qualify for, register, purchase a ticket to,
and attend, the 2018 Leadership Retreat.
(i)
An invitation to attend the “Elite Reception” at the 2018 Leadership Retreat.
- Details: Team Beachbody will announce the dates, location and other information
for the Elite Reception once they become available. In order to receive the
invitation, you must register, purchase a ticket to, and attend the 2018 Leadership
Retreat.
(j)
If you have registered for the 2018 Success Club Trip, you will be eligible to receive
an invitation to the “Elite Reception” at the 2018 Success Club Trip.
- Details: The 2018 Success Club Trip is tentatively scheduled to take place on or
around April 23, 2018, through May 1, 2018. In order to receive your invitation to
the Elite Reception, you must register and fully pay for, and attend the 2018
Success Club Trip. For details, please see the Success Club Trip Challenge 2018
Official Rules available through the Coach Online Office.
(k) Eligibility to participate in the 2018 Elite 10 Challenge and, if you meet additional
qualifications, you may qualify to attend the 2018 Elite 10 Adventure (“2018 Elite 10 Adventure”).
- Details: Team Beachbody will announce the dates, location and other information
for the 2018 Elite 10 Adventure once they become available. For details, please
see the Team Beachbody 2018 Elite 10 & 2018 Top Coach of the Year Challenge
Official Rules available through the Coach Online Office.
(l)
Eligibility to participate in the 2018 Top Coach of the Year Challenge and, if you meet
additional qualifications, you may qualify to earn the title of “2018 Top Coach of the Year.” For
details, please see the Team Beachbody 2018 Elite 10 & 2018 Top Coach of the Year Challenge
Official Rules available through the Coach Online Office.
(m) Priority registration for certain 2018 Coach Summit activities selected by Team
Beachbody and front of the line access to pre-selected workouts.
(n)
Express line checkout in the Core at the 2018 Coach Summit.
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Approximate Retail Value for non-Top 200 Elite: $2,700.
Approximate Retail Value for Top 200 Elite: Ranges from $3,100 up to $7,500 for the Challenge
Period, depending upon how often you qualify in each month’s Top 200 Elite.
Events: The 2018 Coach Summit, Elite Evening, 2018 Leadership Retreat, Elite Receptions, 2018
Success Club Trip and 2018 Elite 10 Adventure are each referred to in these Official Rules as an
“Event,” and collectively, “Events.”
Preconditions/Requirements to Receive Elite Rewards: Before you receive any Elite Rewards
which include attendance, invitation and/or lodging at an Event, you must (as applicable) register,
fully pay for and attend the Event, and comply at all times with any terms and conditions of Team
Beachbody and relating to the particular Event. For example, in order to receive the two (2) VIP
floor passes to the 2018 Coach Summit, you must properly register, pay for and attend the 2018
Coach Summit, and comply at all times with any terms and conditions of Team Beachbody and the
2018 Coach Summit.
8.
Elite Challenge Calculations and Timeframe: Preliminary evaluation of Success Club
Points and Success Club 5 and 10 Qualifications will be calculated on a daily basis and displayed
in the Coach Online Office on www.TeamBeachbody.com for U.S. Coaches and
www.TeamBeachbody.ca for Canadian Coaches. Preliminary evaluation of Elite Points will be
calculated on a monthly basis and communicated by e-mail. Potential winners of Elite Rewards
will be notified in or around January 2018 through e-mail and on www.TeamBeachbody.com and
www.TeamBeachbody.ca. However, final winners will not be determined until Team Beachbody
has verified all winners, including to ensure that each potential winner’s Elite Qualifications do not
change for any reason, including due to any deduction of Elite Points, Success Club Points, PV or
ATV, whether due to returned product or as otherwise set forth herein or in the Success Club Rules.
In Team Beachbody’s discretion, each potential winner and his/her companion will be required to
sign and return to Team Beachbody, within seven (7) days of notice or attempted notice, an affidavit
of eligibility and liability/publicity release and waiver, in order to claim any Elite Reward. If a
potential winner or his/her companion fails to sign and return an affidavit of eligibility and
liability/publicity release and waiver within the stated time period, the Elite Rewards may be forfeited
or awarded to an alternate, in Team Beachbody’s discretion.
Note: When calculating Elite Qualifications for Qualified Coaches with more than one (1)
Beachbody Coach Business Center, all activity that occurs from various Business Centers will be
aggregated and reflected in the Qualified Coach’s primary Business Center. Only primary
Beachbody Coach Business Centers are eligible to fulfill the Elite Qualifications and receive the
Elite Rewards set forth herein; Beachbody Coach Business Centers outside of the primary are not
eligible to receive any Elite Rewards.
9.
Additional Elite Rewards Conditions. Elite Rewards will be awarded to potential winning
Qualified Coaches following verification by Team Beachbody in its sole discretion of all
requirements and qualifications in these Official Rules (including verification of Elite Points,
Success Club Points and Success Club 5 and 10 Qualifications), and provided that such potential
winners meet the definition of “Qualified Coach” and all other terms and conditions herein. Failure
to meet any such requirements or qualifications will result in forfeiture of all Elite Rewards in Team
Beachbody’s sole and absolute discretion. Team Beachbody reserves the right in its sole and
absolute discretion to deduct Success Club Points, Elite Points and/or Elite Qualifications for any
Qualified Coach deemed by Team Beachbody to have exceeded the Elite Point limitations above,
the Success Club Point limitations in the Success Club Rules or committed any violation of the
Team Beachbody Coach Policy and Procedures (such as bonus buying, etc.). Once verified by
Team Beachbody, Qualified Coaches who earn Elite Rewards listed herein may receive or redeem
(as applicable) such Elite Rewards as instructed by Team Beachbody. Expenses, costs or fees
that are not otherwise expressly stated above, including any and all applicable travel costs,
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incidental costs, lodging and room costs (if applicable, such as room service, mini bar charges, dry
cleaning, internet fees, parking, etc.), planning and/or other expenses, taxes, fees, insurance
premiums or other costs arising from or related to the Elite Rewards or any alternative or extended
travel plans are not included and are the sole responsibility of each winner. Each winner will be
solely responsible for booking and financing his/her and his/her travel companion’s travel
arrangements including air, ground, and any other transportation to and from the destination of any
Event for which such winner received an Elite Reward. Elite Rewards (including VIP passes and
invitations) are not transferable and, except for the Elite Bonus and Top 200 Elite Bonus, have no
cash or other monetary value. No Elite Reward substitutions are allowed except at the sole
discretion of Team Beachbody, who reserves the right to substitute a reward of equal or similar
value. Any and all local, state, or federal taxes are the sole responsibility of Qualified Coach. Unless
expressly stated otherwise by Team Beachbody in writing, Elite Rewards may not be combined
with any other challenge, promotion reward, incentive, contest or other offer.
10.
Who Can Enter: The Elite Challenge is open to Qualified Coaches who are legal residents
of the United States (including its territories) and Canada, who are at least 18 years old. Employees
of Team Beachbody and their parent and affiliate companies, as well as their immediate household
family members (including spouse, parents, siblings, and children, if applicable) are not eligible to
participate in the Elite Challenge.
11.
Important Tax Information: Tax regulations require Team Beachbody to include the value
of all cash rewards made to you or on your behalf on the 1099 or T-4a reporting form that you
receive each year. Please note that a 1099-MISC tax reporting form is issued if a US Coach’s total
earnings equal or exceed USD $600 (including cash rewards) and a form T-4a is issued if a
Canadian Coach’s total earnings equal or exceed CAD $500.
12.
Publicity: Except where prohibited, participation in the Elite Challenge constitutes each
Qualified Coach’s consent to Team Beachbody’s and its agents’ use of any information, video, or
testimonial of or provided by you before, during and/or after your receipt of any Elite Reward,
including without limitation such Qualified Coach’s name, image, likeness, photograph, voice,
opinions, and/or hometown, state, and any biographical information for promotional purposes in
any media, worldwide, without further payment, consideration or attribution to you. As an express
condition to acceptance of any Elite Reward, at Team Beachbody’s sole discretion, you may be
required to provide an on-camera interview to take place before, during or after any of the Events.
If you are unwilling or unable to provide this interview, you may not be allowed to receive your Elite
Rewards, in Team Beachbody’s sole and absolute discretion.
13.
Release: BY PARTICIPATING IN THE ELITE CHALLENGE AND ATTENDING ANY OF
THE EVENTS, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT ANY OF THE
EVENTS AND YOUR PARTICIPATION IN ANY ACTIVITIES BEFORE, DURING AND AFTER THE
EVENTS (INCLUDING WITHOUT LIMITATION PARTICIPATION IN ANY EXERCISE,
WORKOUTS OR OTHER PHYSICAL ACTIVITY, TRIPS, SPORTS, DANCING, AND
CONSUMPTION OF MEALS AND ALCOHOL) (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 (SUCH AS NAUSEA, CUTS AND
BRUISES) TO SEVERE PERSONAL AND/OR BODILY INJURY (SUCH AS SPRAINS, BROKEN
BONES, CRIMES, ALCOHOL POISONING AND HEART ATTACK), 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 ELITE CHALLENGE OR ANY RELATED EVENT IN ANY WAY, TAKING
PART IN ANY ACTIVITIES, OR ACCEPTING ANY ELITE REWARD THAT MAY BE AWARDED,
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YOU AGREE TO RELEASE AND HOLD HARMLESS BEACHBODY, LLC, TEAM BEACHBODY
CANADA, LP, TEAM BEACHBODY AND ITS RESPECTIVE PARENT COMPANIES,
SUBSIDIARIES, AFFILIATES, SUPPLIERS, DISTRIBUTORS, ADVERTISING/PROMOTION
AGENCIES, AND REWARD SUPPLIERS, AND EACH OF ITS RESPECTIVE 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 PARTICIPATION IN THE ELITE CHALLENGE, THE EVENTS, ACTIVITIES,
RECEIPT OR USE OR MISUSE OF ANY ELITE REWARD THAT MAY BE AWARDED, OR ANY
PUBLICITY ARISING OUT OF THE ELITE CHALLENGE OR ANY OF THE EVENTS DEFINED
HEREIN.
14.
General Conditions: Subject to all applicable federal, state, provincial, territorial, and
local laws and regulations. Void where prohibited by law. By participating in the Elite Challenge,
attending any Event, and/or accepting any Elite Reward that may be awarded, you confirm your
full and unconditional agreement to these Official Rules and Team Beachbody’s decisions, which
are final and binding in all matters related to the Elite Challenge. Achieving or accepting any Elite
Reward that may be awarded in the Elite Challenge is contingent upon fulfilling all requirements
herein, 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 at your sole obligation. Team Beachbody reserves the right to cancel, suspend, and/or modify
the Elite Challenge, any of the Events or any part thereof for any reason, including due to force
majeure (including act of terror or war), or if any fraud, technical failure, or any other factor beyond
Team Beachbody’s reasonable control impairs the integrity or proper functioning of the Elite
Challenge in any manner, or for any reason related to the administration of the Elite Challenge, as
determined by Team Beachbody in its sole discretion. Team Beachbody reserves the right in its
sole discretion to disqualify any individual it finds to be tampering with the entry process or the
operation of the Elite Challenge or to be acting in violation of these Official Rules, Team Beachbody
Coach Policy and Procedures, or any other Team Beachbody promotion or in an unsportsmanlike
or disruptive manner. Team Beachbody’s failure to enforce any term of these Official Rules shall
not constitute a waiver of that provision or any other provision herein. If any part of these Official
Rules is declared invalid or unenforceable by a court of competent jurisdiction, it shall not affect the
validity of the balance of these Official Rules.
15.
Limitation of Liability: The Released Parties are not responsible for: (1) any incorrect or
inaccurate information, whether caused by you, another Team Beachbody Coach, printing errors,
or by any of the equipment or programming associated with or utilized in the Elite Challenge; (2)
technical failures of any kind, including, but not limited to, malfunctions, interruptions, or
disconnections in phone lines, cable connections, or network hardware or software; (3) technical
or human error which may occur in the administration of the Elite Challenge or the processing of
Elite Points, Success Club Points, ATV, PV, Elite Reward notification, and/or winner confirmation;
(4) any lost, late, delayed, corrupted, undelivered, or undeliverable Elite Challenge communications
or Elite Reward notification; (5) any cancellation, suspension or modification of the Elite Challenge
or any of the Events; or (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 Elite Challenge, attendance
at any of the Events, or receipt or use or misuse of any Elite Reward that may be awarded. If for
any reason your Elite Points and/or Success Club Points are confirmed to have been erroneously
deleted, lost, or otherwise destroyed or corrupted, your sole remedy is to earn additional Elite Points
and/or Success Club Points during the Challenge Period, provided that if it is not possible to earn
additional Elite Points and/or Success Club Points for any reason, including due to discontinuance
of the Elite Challenge, none shall be awarded. BY PARTICIPATING IN THE ELITE CHALLENGE
AND ANY OF THE EVENTS, YOU AGREE THAT THE RELEASED PARTIES WILL NOT BE
RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, AND
IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR SPECIAL, INDIRECT,
INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ENHANCED DAMAGES
ARISING OUT OF OR IN CONNECTION WITH THE ELITE CHALLENGE OR YOUR
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PARTICIPATION IN THE ELITE CHALLENGE OR ANY OF THE EVENTS, REGARDLESS OF (A)
WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT TEAM
BEACHBODY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL
OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS
BASED. YOU AGREE THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY
REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. BECAUSE SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. WITHOUT LIMITING
THE FOREGOING, TEAM BEACHBODY’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY
CLAIMS, JUDGMENTS AND/OR AWARDS ARISING OUT OF THIS CHALLENGE OR THE
EVENTS, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM
IS BASED, WILL BE LIMITED TO AND WILL NOT EXCEED USD $100.
16.
Disputes: The dispute resolution, binding individual arbitration and waiver of class
actions and class arbitration terms in Section 8.3 of the Team Beachbody Coach Policy and
Procedures apply to this Challenge. For U.S. Coaches, those terms may be found here. For
Canadian Coaches, those terms may be found here.
17.
Privacy Policy: All participants are subject to Team Beachbody’s Privacy Policy which
may be accessed through the bottom of www.TeamBeachbody.com for U.S. Coaches and
www.TeamBeachbody.ca for Canadian Coaches or otherwise posted and updated on Team
Beachbody’s website.
Elite Challenge Winners List and Rules: For a list of winners and/or a copy of these Official
Rules, send a hand-printed, self-addressed, stamped envelope to “Team Beachbody Elite
Challenge 2017” at 3301 Exposition Blvd., Santa Monica, California 90404. Winner’s list requests
must be received by July 1, 2018.
© 2017 Beachbody, LLC. ALL RIGHTS RESERVED.
Issued: February, 2017.
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