OFFICIAL RULES FOR CONTEST (NexGym New Year, Active You)

Last revised: January, 2025

NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

1. CONTEST PERIOD:  Each contest (“Contest”) begins and ends on the dates and times specified in the individual contest description page (the “Contest Period”).

2.  ELIGIBILITY:  The Contest is open to all NexGym users residing in the United States who are either (a) at least 13 years old who have been authorized to enter the Contest by their parents or legal guardians, or (b) at least 18 years old (the “Entrant”). NEX Team Inc. (“Sponsor”), and their respective parents and subsidiaries (the “Contest Entities”) and each of their respective officers, directors, employees, affiliates and agents are ineligible to enter the Contest or win a prize. Immediate Family Members of such individuals are also not eligible to enter or win. “Immediate Family Members” shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses. This Contest is subject to all applicable federal, state and local laws and regulations and is void where prohibited or restricted by law.

3.  AGREEMENT TO RULES AND RIGHT OF PUBLICITY RELEASE:  By participating in the Contest, each Entrant (if a minor, together with the Entrant’s parent or legal guardian) unconditionally accepts and agrees (a) to comply with and abide by these Official Rules, (b) to comply with and abide by the decisions of Sponsor, which shall be final and binding in all respects, and (c) that Sponsor and its assigns, licensees, successors and designees may use the Entrant’s name and entry (including information therein) for all their advertising, trade, promotional, marketing and/or any other purpose in any media or format throughout the world now or hereafter known without further compensation (financial or otherwise), permission or notification.

4.  PRIZES:  Number of winners, prize(s) and their respective approximate retail value (“ARV”) (if they are of more than nominal value) are as outlined in the individual contest description page.    

Gift cards and gift certificates are subject to the terms and conditions of the issuer.  Prizes cannot be transferred, redeemed for cash or substituted by winner. Sponsor reserves the right in its sole and absolute discretion to award a substitute prize of equal or greater value if a prize described in these Official Rules is unavailable or cannot be awarded, in whole or in part, for any reason. The ARV of the prize represents Sponsor's good faith determination. That determination is final and binding and cannot be appealed. If the actual value of the prize turns out to be less than the stated ARV, the difference will not be awarded in cash. Sponsor makes no representation or warranty concerning the appearance, safety or performance of any prize awarded and expressly disclaim any and all representations, warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. Additional restrictions, conditions, and limitations may apply. Gift cards and gift certificates are subject to the terms and conditions of the issuer. Sponsor will not replace any lost or stolen prize items.

This Challenge is open to only legal residents of the United States and the prize(s) will only be awarded and/or delivered to addresses within said locations. All federal, state and/or local taxes, fees, and surcharges are the sole responsibility of the prize winner. Failure to comply with the Official Rules will result in forfeiture of the prize.

5.  HOW TO ENTER:  The Contest must be entered during the Contest Period by following the instructions stated in the individual contest description page. The maximum number of entries each Entrant may submit is as stated in the individual contest description page.

Entries that (a) are not complete, (b) do not adhere to the rules, instructions or specifications (as stated in these Official Rules or in the individual contest description page) or (c) are submitted by individuals who do not meet the eligibility requirements stated in these Official Rules may be disqualified at the sole discretion of Sponsor. Automated or robotic Entries submitted by individuals or organizations will be disqualified. Any contest attempt must be made by the Entrant himself. Any attempt by Entrant to obtain more than the permissible number of entries by using multiple/different email addresses, identities, registrations, logins or any other methods will void Entrant's Entries and that Entrant may be disqualified. Sponsor's database clock will be the official timekeeper for this Contest.

6.  WINNER SELECTION:  Winner(s) will be selected in the manner described in the individual contest description page. Decision by the Sponsor or its designated representatives is final. If random drawing is involved, odds of winning will vary depending on the number of eligible Entries received.

7.  WINNER NOTIFICATION:  Winner(s) will be notified as described in the individual tournament description page within 5 business days after the winner determination. Winner(s) may be required to provide mailing address which will be used to fulfill the prize. Sponsor is not responsible for any delay or failure to receive notification for any reason. Any winner notification not responded to within the stipulated time frame as directed by Sponsor or returned as undeliverable may result in prize forfeiture and an alternate winner may be selected.

Award of prize may be conditional upon a potential winner’s accepting, signing and returning of a form of declaration of eligibility, liability release and publicity release as provided by the Sponsor. Failure to timely return these declaration and releases as required may result in prize forfeiture and an alternate winner may be selected.

The receipt by winner of the prize offered in this Contest is conditioned upon compliance with any and all federal, state and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (DETERMINED AT SPONSOR'S SOLE DISCRETION) WILL RESULT IN SUCH WINNER'S DISQUALIFICATION AS WINNER OF THE CONTEST AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.

8.  PRIVACY:  Any personal information supplied by the Entrant will be subject to the privacy policy of Sponsor posted at https://nex.fun/privacy-policy .

9.  LIMITATION OF LIABILITY:  Sponsor assumes no responsibility or liability for (a) any incorrect or inaccurate entry information, or for any faulty or failed electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of entries at any point in the operation of this Contest; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, camera, computers or providers utilized in any aspect of the operation of the Contest; (d) inaccessibility or unavailability of any network or wireless service, the Internet or website or any combination thereof; (e) suspended or discontinued Internet, wireless or landline phone service; or (f) any injury or damage to participant's or to any other person’s computer or mobile device which may be related to or resulting from any attempt to participate in the Contest or download of any materials in the Contest.

If, for any reason, the Contest is not capable of running as planned for reasons which may include without limitation, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, the Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest in whole or in part. In such event, Sponsor shall immediately suspend all winner determination and prize awards, and Sponsor reserves the right to award any remaining prizes (up to the total ARV as set forth in these Official Rules) in a manner deemed fair and equitable by Sponsor. Sponsor and Contest Entities shall not have any further liability to any participant in connection with the Contest.

10. WINNER LIST/OFFICIAL RULES: These Official Rules are available at https://www.nex.inc/legal/contest-rules-2025-01-02 To obtain a physical copy of the Winner List or these Official Rules, send your request along with a stamped, self-addressed envelope to NEX Team Inc. at 333 W San Carlos St, Suite 600, San Jose, CA 95110. Requests for the names of the winners must be received no later than one (1) year after the Contest Period has ended.

11. SPONSOR: The Sponsor of the Contest is NEX Team Inc. at 333 W San Carlos St, Suite 600, San Jose, CA 95110. Sponsor is responsible for the collection, submission or processing of entries and the overall administration of the Contest. For any questions relating to the Contest, please contact Sponsor at playground@nex.inc