Summer Challenge Terms
OFFICIAL SWEEPSTAKES RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER THE
SWEEPSTAKES. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
BY PARTICIPATING IN THIS PROMOTION, YOU AGREE TO BE BOUND BY THESE
OFFICIAL RULES AND REPRESENT THAT YOU SATISFY ALL OF THE ELIGIBILITY
REQUIREMENTS SET FORTH HEREIN. ALL US FEDERAL, STATE, AND LOCAL LAWS
AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
1. SWEEPSTAKES. Summer In The Gym + Win Check In Contest 2024 (“Sweepstakes”).
2. SPONSOR. New TSI Holdings Inc. is the sole sponsor of the Sweepstakes.
3. ACKNOWLEDGEMENT. As a condition of participating in the Sweepstakes, you agree to
be fully and unconditionally bound by the Rules, the decisions of the Sponsor, whose
decisions shall be final and binding in all respects, and to waive any right to claim ambiguity
in the Sweepstakes or the Rules.
4. SWEEPSTAKES PERIOD. The Sweepstakes begins on August 1, 2024 at 12:01 am
Eastern Time and ends on August 31, 2024 at 11:59 pm Eastern Time (known as the
“Sweepstakes Period”). Winners for each market will be drawn from the Sweepstakes Period
and will receive the prize described below. Eastern Time shall control for all purposes of the
Sweepstakes. Sponsor’s computer shall be the official clock for all purposes of the
Sweepstakes.
5. ELIGIBILITY. The Sweepstakes is open only to individual legal residents of the United
States of America (excluding Rhode Island) and the District of Colombia who are 18 years of
age or older at the time of entry and are members of any of Sponsor’s clubs located in Boston,
Philadelphia, District of Columbia location excluding Florida (“Entrant”). Employees of
Sponsor and its affiliated companies, its advertising and promotion agencies, and the
directors, officers, employees and agents of each of them and their immediate families and/or
household residents are not eligible to enter. By participating, Entrant agrees to abide by these
Official Rules and the decisions of Sponsor, which are final and binding in all respects. The
Sweepstakes is void outside of the United States and where prohibited. All entries must be
received by 11:59 PM EDT on the last day of the Sweepstakes Period. Incomplete entries are
void. By entering, Entrants acknowledge compliance with these Official Rules, including all
eligibility requirements. All entries become the property of Sponsor and will not be returned
or acknowledged. Entrants waive all rights and remedies at law or in equity for any claim they
may have relating to this promotion. Sponsor will determine eligibility.
6. HOW TO ENTER. A. ONLINE: To enter, Entrants must register with Sponsor by providing
their name and email address which matches their membership account with Sponsor. To
qualify for any prize, Entrants must check-in to a Club at least twelve (12) times. Winners
will be selected based upon the following criteria: (a) 1 “most check-ins” winner in each
market noted; and (b) 1 random winner. Each winner will win a Grand Prize of a credit of
$250 towards merchandise offered on Sponsor’s online merchandise store. Sponsor is not
responsible for any problems or technical malfunction of any telephone network or lines,computer on-line systems, servers, access providers, computer equipment, software, failure
of any email or entry to be received by Sponsor on account of technical problems or traffic
congestion on the Internet or at any web site, or any combination thereof including any injury
or damage to an Entrant’s or any other person’s computer related to or resulting from playing
or downloading any materials in this promotion. Sponsor reserves the right, in its sole
discretion, to cancel or suspend the Sweepstakes should a virus, bug or other cause beyond
the reasonable control of Sponsor corrupt the security or proper administration of the
Sweepstakes. Any attempt to deliberately damage any website or undermine the legitimate
operation of this promotion is a violation of criminal and civil laws, and should such an
attempt be made, Sponsor reserves the right to seek remedies and damages to the fullest
extent permitted by law, including criminal prosecution.
7. CONDITIONS OF ENTRY. Entrants may only enter once during the Sweepstakes
Period. Any attempt by any Entrant to obtain more than one (1) entry above and beyond
those already permitted via adhering to rules regulations of this Sweepstakes – i.e., by
registering for the Sweepstakes using multiple/different accounts, identities or other methods
except as permitted herein will void the entrant’s entries and that entrant may be disqualified
and any prize(s) he/she might have been entitled to will not be awarded to him/her. Use of
any automated system to participate is prohibited and will result in disqualification.
8. SELECTION OF WINNERS.
Challenge Winners. Sponsor will select the winners based upon the category criteria. A winner
for each criteria will be chosen for each of the following markets: Boston, Philadelphia and
District of Columbia. Grand Prize Winners will be selected based upon the following criteria:
a. Most check-ins – The member who checks in most to any of Sponsor’s locations
during the challenge period (August 1-August 31). In the event of a tie, the winner
will be chosen at random from the members who are tied for first place.
b. Random winner – One (1) random winner will be selected from all Entrants who
check-in to a Club twelve (12) times during the Sweepstakes Period.
c. A member may only be selected a winner of one category.
Winners will be selected on or before September 8, 2024. Winners will be notified via email
within 1 business day of the selection. If a winner does not respond within 1 business day of
this notification to claim their prize, or if any winner does not meet the eligibility criteria,
such winner will be disqualified and a new winner will be chosen. If, in Sponsor’s opinion,
there is any suspected or actual evidence that the integrity of the Sweepstakes has been
compromised, Sponsor reserves the right to terminate the Sweepstakes and to award the
prizes using all eligible entries received as of the termination date. Should the Sweepstakes be
terminated prior to the stated expiration date, notice will be posted on Sponsor’s website.
Sponsor’s decisions concerning selection of winners, as well as all other matters relating to
any Sweepstakes, are final and binding.
9. PRIZES AND ODDS OF WINNING. Subject to verification of eligibility and compliance
with these Official Rules, 6 Grand Prize winners will be selected. The total approximate value
of the Grand Prize awarded during the Sweepstakes Period is approximately $250. Dollar
amounts are expressed in U.S. currency. The winner is responsible for the reporting andpayment of all applicable federal, state and local taxes (including income taxes) associated
with his/her prize and will and hereby does hold Sponsor harmless from all liability for failure
to timely report and/or pay such taxes. An IRS Form 1099 will be issued. Sponsor shall have
no responsibility or obligation to the winner or potential winner who is unable to accept or
utilize the prizes as described herein. In the case of winner’s forfeiture of prizes, Sponsor may
elect another winner according to these Rules. Odds of winning a sweepstakes will depend
on the number of eligible entries received for the applicable sweepstakes. Prizes are non-
transferable, and no prize substitutions or cash redemptions are allowed. All prizes will be
awarded according to these rules and distributed no later than three weeks from the end of the
Sweepstakes Period.
Each Grand Prize Winner will receive the following prize: $250 credit towards
merchandise on Sponsor’s online merchandise store.
THE PRIZES ARE AWARDED AS IS AND WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. SOME JURISDICTIONS MAY NOT ALLOW (OR MAY LIMIT)
DISCLAIMERS OF CERTAIN WARRANTIES, IN WHICH CASE THE FOREGOING
DISCLAIMERS WILL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED
BY LAW.
10. PERSONAL DATA: The Winners will be required to submit personal data such as your
email address (“Personal Data”) to Sponsor. All Personal Data will be held, used and
processed by Sponsor in accordance with Sponsor’s Privacy Policy as it is amended from
time to time.
11. WARRANTIES AND CONSENTS: By completing and submitting an entry you: (a)
represent and warrant that (i) you have read, and agree to be bound by these Rules, (ii) based
on the Rules, you are eligible to participate in the Sweepstakes, and (iii) all of the
information provided as part of your entry is accurate, does not violate any third
party’s legal rights (including without limitation rights of privacy and publicity), and
otherwise does not violate applicable law; (b) consent to the use of your name and/or likeness
by Sponsor for promotional purposes (whether online, in print or through any other
media now known or hereafter developed), without additional compensation or
authorization unless prohibited by law; and (c) agree to be bound by the interpretations of
these Rules by Sponsor, which are final in all matters relating to the Sweepstakes.
12. INDEMNIFICATION; RELEASE: By entering the Sweepstakes, you agree to indemnify,
defend, and hold harmless Sponsor, and its respective PARENTS, SUBSIDIARIES AND
AFFILIATES AND RELATED PARTIES, AND THE RESPECTIVE OFFICERS,
DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF EACH
(collectively, the “Sponsor Entities”) from and against any and all liability, damages, claimor cause of action (however named or described), including, but not limited to, personal
injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes
and/or receipt or use or misuse of the prize awarded in the Sweepstakes. You release all
rights to bring any claim, action or proceeding against Sponsor or any of the Sponsor
Entities, further covenant not to sue Sponsor or any of the Sponsor Entities and hereby
acknowledge that neither Sponsor nor any Sponsor Entity has made or is in any manner
responsible or liable for any warranty, representation or guarantee, express or implied, in fact
or in law, relative to the Sweepstakes or the prize. Neither Sponsor nor the Sponsor Entities
are responsible for: (1) any incorrect or inaccurate information, whether caused by you as an
entrant, printing errors or by any of the equipment or programming associated with or
utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to
malfunctions, Interruptions, or disconnections in phone lines or network hardware or
software; (3) unauthorized human intervention in any part of the entry process or the
Sweepstakes; (4) technical or human error which may occur in the administration of the
Sweepstakes or the processing of entries; or (5) 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 Sweepstakes or receipt or use or misuse of any prize. 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 Sweepstakes at the discretion of Sponsor. If it is not
possible to award another entry due to discontinuance of the Sweepstakes, or any part of it,
for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all
eligible entries received up to the date of discontinuance for any or all of the prizes offered
herein. Except where prohibited you agree that: (1) any and all disputes, claims and causes of
action arising out of or connected with this Sweepstakes or any prize awarded shall be
resolved individually, without resort to any form of class action, and exclusively by the
United States District Court for the Eastern District of New York or the Supreme Court of the
State of New York, Suffolk County; (2) any and all claims, judgments and awards shall be
limited to actual out of pocket costs incurred, including costs associated with entering this
Sweepstakes, but in no event attorneys’ fees; and (3) under no circumstances will you be
permitted to obtain awards for, and you hereby waive 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.
All issues and questions concerning the construction validity, interpretation and
enforceability of these Rules, or your rights and obligations or Sponsor’s rights and
obligations in connection with the Sweepstakes, shall be governed by, and construed in
accordance with, the laws of the State of New York, U.S.A. without giving effect to any
choice of law or conflict of law rules (whether of the State of New York or any other
jurisdiction), which would cause the application of the laws of any jurisdiction other than the
State of New York.
13. GENERAL CONDITIONS: Sponsor reserves the right to cancel, suspend and/or modify
the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond
Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes,as determined by Sponsor in its sole discretion. Sponsor 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 Sweepstakes or to be acting in violation of these Rules or in an
unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine
the legitimate operation of the Sweepstakes may be 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. Sponsor’s failure to enforce any term of these
Rules shall not constitute a waiver of that provision. All federal, state and local laws and
regulations apply. All federal, state and local taxes, insurance, licensing, registration, and title
fees are the sole responsibility of winner. Sponsor reserves the right to substitute a
prize of equal or greater value. No substitution or transfer of prize by the winner is
permitted. Sponsor is not responsible for any damage to your computer system/software
related to or resulting from participation or downloading any materials in this Sweepstakes.
A potential winner may be required to provide Sponsor with proof that he/she is the
authorized account holder of the e mail address associated with the winning entry. If, for any
reason, the Sweepstakes cannot be conducted as planned by reason of infection by computer
virus, unauthorized intervention, technical failures, or any other causes beyond the control of
Sponsor which, in the sole opinion of Sponsor, corrupt or affect the administration, security,
fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right in its sole
discretion to cancel, terminate, modify or suspend the Sweepstakes. Sponsor reserves the
right to modify the Sweepstakes or disqualify you if fraud, misconduct or technical failures
destroy the integrity of the Sweepstakes as determined by Sponsor, in its sole discretion.
Proof of submitting entries will not be deemed to be proof of receipt by Sponsor. Any use of
robotic, automatic, programmed or the like methods of participation will void all such
submissions by such methods. In the event Sponsor is prevented from continuing with
the Sweepstakes or the integrity and/or feasibility of the Sweepstakes is severely
undermined by any event beyond Sponsor’s control, including but not limited to fire, flood,
epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite
or equipment failure, riot or civil disturbance, war (declared or undeclared),
terrorist threat or activity, or any federal, state or local government law, order, or regulation,
order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control
(each a “Force Majeure” event or occurrence), Sponsor shall have the right, in its sole
discretion, to abbreviate, modify, suspend, cancel or terminate the Sweepstakes without any
further obligation. If Sponsor, in its discretion, elects to abbreviate the Sweepstakes as a
result of a Force Majeure event, Sponsor reserves the right, but not the obligation, to award
the prize from among all valid and eligible entries received up to the time of such Force
Majeure event, in a random drawing. In no event will more prizes be awarded than stated in
these Rules.
14. CONSENT TO RECEIVE TEXT MESSAGES: You consent to receive text messages
regarding offers, discounts and/or any marketing, products, services and/or promotions from
or on behalf of Sponsor and its affiliates at the telephone number provided to Sponsor, if any,
including text messages and/or telephone calls transmitted via an automatic telephone dialingsystem or predictive dial, artificial or prerecorded voice or other automated technology even
if you are on a national or state “Do Not Call” list. You understand and agree that your
consent is not a condition of purchasing any good or service from Sponsor or its affiliate
companies.
15. WINNER’S NAME: For the winner names and/or a copy of these Rules, send a hand
printed, self-addressed, stamped envelope to (except where prohibited by law): Summer In
The Gym + Win Check-In Sweepstakes 2024, 100 Duffy Avenue, Suite 510, Hicksville, New
York 11801-3636. Vermont residents may omit postage. Requests received after September 20, 2024 will not be honored.