Waiver, Consent and Assumption of Risk for the Skool Games Golden Ticket Giveaway

The following conditions on this Agreement and its associated parts, herein referred to as “Agreement” will apply to Josh Dech Fitness Inc., their operating names and to their owners, officers, directors, agents, employees, volunteers, business operators, independent contractors and site property owners or lessees, and other affiliations herein known as the “Parties” and pertains to any exercise program(s) coaching, guidance, advice, recommendations, consultations, exercise programs, health, fitness, wellness consulting services, and any other correspondence or services (both free and paid) rendered, herein known as the “Program” given by the Parties now or at any time in the future.

The individual(s) participating in the Program as provided by the Parties will herein be covered under one title and be known as the "Participant”, and upon signing, all Parties will be bound to this agreement to the fullest extent as it is enforceable by law. Enforcement of this Agreement will fall under the jurisdiction of the Province of Alberta, Canada.

Eligibility for the Giveaway

1. The Giveaway is open to legal residents of Canada and the United States of America who register for the the Party’s ‘Reversing Crohn’s and Colitis Naturally’ community (the “Community”) on Skool during the time the giveaway is open.

2. Participants of other countries may apply to the Program, as permitted by their local state, provincial and/or federal laws, but for the purposes of their participation, must abide by the Provincial and Federal Laws of the Province of Alberta, Canada.

3. Participants must be 18 (eighteen) years of age or older as of their date of entry in the Giveaway in order to qualify.

4. This Giveaway is subject to federal, state, and local laws and regulations and void where prohibited by law.

5. Josh Dech Fitness Inc.'s employees, subsidiaries, suppliers, partners, advertising and promotion agencies, and directors (collectively the “Employees”), as well as members of an Employee’s immediate family and/or those living in the same household of Employees are ineligible to participate in the Giveaway.

6. The Participant must become and remain an active and paying member of the Community during the entry period and must remain active until the time the Giveaway concludes.

Sponsorship
7. The sponsor is Josh Dech Fitness Inc. of Calgary, Alberta, Canada. The Parties will

conduct the Giveaway as described in this Agreement

Agreement To Rules
8. By entering this Giveaway, the Participant agrees to abide by the Parties official rules

and decisions (the “Rules”), which are fully and unconditionally binding in all respects;

a. The Parties reserve the right to refuse, withdraw, or disqualify any entry at any time at the Parties' sole discretion. By entering this Giveaway the Participant represents and warrants that they are eligible to participate based on eligibility requirements explained in Section 1-5 of this Agreement;

b. The Participant also agrees to accept the decisions of the Parties as final and binding as it relates to the content of this Giveaway.

Giveaway Entry Period

9. This Giveaway begins on Tuesday, March 19th, 2024 at 12:01 AM Mountain Standard Time and ends on date the 500th (five hundredth) member joins the Community (“Entry Period”). To be eligible for the Giveaway, entries must be received within the specified Entry Period and will be open to all active members who have joined prior to this time.

How to Enter

10. Eligible Participants can enter The Giveaway by joining the Community within the Entry Period. As a participant, your entry must fully meet all Giveaway requirements, as specified in the Official Rules, in order to be eligible to win a prize. Incomplete entries or those that do not adhere to the Official Rules or specifications will be disqualified.

Official Rules and Eligibility Requirements

11. This Giveaway is not a lottery. Participants are offered a chance to win a prize based on participation alone and will be required to meet the specific criteria as oiutlined in this Agreement to be eligible for chance to win. If the Participant meets all of the Eligibility Requirements and adheres to the Official Rules and is eligible, they will be placed into a random draw to determine the winner(s).

12. In order to be eligible, the Participant will:
a. Become and remain active member of the Community during the Giveaway period and

remain an active member until the Giveaway concludes;

b. Have the option share a pre-written promotional post (the “Post”) about the Community on their personal Facebook profile.

Gaining Entries
13. Entries into the Giveaway draw can be accumulated based on the efforts and

participation of the Participant and the Participant will: a. Gain 10 (ten) entries for eligibly joining the Giveaway;

b. Gain 1 (one) entry for each time they share the Post on their personal social media page(s) (maximum one entry per social media platform per week), and there is no limit to the amount of social media platforms the Participant can share the Post on;

c. If the Participant refers another participant through the affiliate program who meets the Giveaway requirements and eligibly enters the Giveaway within the Entry Period (“Referral”), the referring Participant will be given an additional 30 (thirty) entries in the prize draw for each Referral;

Prizes

14. The value of each Grand Prize is approximately $3000 USD (three thousand United States Dollars) and up to 5 (five) Grand Prizes will be given based on the number of participants in the Giveaway; one Grand Prize will be given per 100 eligible participants. As the draw is solely participation based, there is no guarantee that a winner will be chosen.

15. The Grand Prize will be a full scholarship into The Gut Health Solution’s 16 (sixteen) week inflammatory bowel disease group Program and the Parties will pay for 1 (one) lab test of their choosing, plus shipping, only if needed and deemed necessary by the Parties for the Participant’s success, during the Participant’s participation in the Program. The Participant will be responsible to pay for any and all other expenses that may be incurred during that time including but not limited to: food, supplements, medications, blood work or medical testing, or necessary medical attention. Limit 1 (one) per participant.

16. The Parties will also supply 1 (one) additional runner up prize per 100 (one-hundred) eligible participants, up to a maximum of 5 (five) runner up prizes. The runner up prize(s) will be a pre-paid lab tests, paid for by the Parties, which may be awarded to the winner(s) of a random draw based on the number of entries. Limit 1 (one) per participant.

a. The specifics of the runner up prize may be chosen by the winning Participant who can choose between an Organic Acids test, a GI Map, a Mycotoxin test, or a Heavy Metals test.

b. It is the responsibility of the Parties to order, pay for and provide a copy of the test results to the winning Participant(s).

c. The Participant agrees that their test results may be made public to the Community for educational purposes.

17. If the Participant loses eligibility for the Giveaway during the Entry Period, they may no longer be eligible for any prizes.

18. There shall be no other prize or substitution permitted except at the Parties' sole discretion. The prize is non-transferable and there is no cash value. The winner of the Giveaway (the "Winner"), upon acceptance of their prize, is solely responsible for all expenses related to the prize, including without limitation any and all local, state, provincial and federal taxes.

19. The Winner shall not transfer assignment of the prize to others nor shall the Winner request a prize substitution. By accepting the prize, the selected Winner(s) grant(s) permission for the Parties to use the Winner’s likeness, entry, and name for purposes of advertising and trade without further compensation unless prohibited by law.

20. The Winner also agrees that the Parties have full discretion to make the contents and results of their respective prizes publicly available to the Community and it’s members, and may use any and all related materials pertaining to their prize for purposes including but not limited to: their lab test results, custom programs, steps and outcomes for educational and training purposes within the Community; which may include but not be limited to: the Participant’s recorded group coaching calls for the purposes of publishing them as training modules, posting their test results or otherwise.

21. It is the Parties responsibility to ensure that any test results or materials used within the Community, containing personal information, are also HIPPA compliant, with the exception of recorded video coaching calls.

Odds
11. The total number of eligible entries received determines the odds of winning. Selection and Notification of Winner

12. The Winner will be selected by a random drawing under the supervision of the Parties'. The Sponsor will notify the Winner(s) by email within 10 (ten) days following the Winner selection;

a. The Parties are not responsible for and shall have no liability for Winner’s failure to receive notices due to email security settings that may cause notifications to be marked as spam or junk email. Nor shall the Sponsor be liable for the Winner’s provision of incorrect or otherwise non-functioning contact information;

b. If the Winner fails to claim the prize within 7 days from the time the award notification was sent, is found ineligible, or does not complete and return an executed declaration and release within the specified timeframe, the prize may be forfeited and an alternate Winner may be selected at the sole discretion of the Parties;

c. Receipt of the prize offered in the Giveaway by the Winner is upon the condition of compliance with any and all federal, state, provincial and local laws and regulations. IF THE WINNER VIOLATES ANY OF THESE OFFICIAL RULES, THE WINNER (AT THE PARTIES' SOLE DISCRETION) WILL BE DISQUALIFIED, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.

Rights Granted by the Participant

13. By submitting an entry or meeting the requirements to gain entries (including but not limited to text, video, photo, etc.) into this Giveaway, you, the Participant understand and agree that the Parties, where permitted by law, have the right to print, publish, broadcast, distribute and use in any media known now or hereafter developed, in perpetuity, worldwide, and without limitation, your submission, name, photo, portrait, voice, likeness, image, statements about the Giveaway, and your biographical information for news, publicity, advertising, promotional purposes, trade, information, and public relations without any further notice, review, consent, compensation, or remuneration.

Terms & Conditions

14. In its sole discretion, the Parties reserves the right to modify, suspend, cancel, or terminate the Giveaway should non-authorized human intervention, a bug or virus, fraud, or other causes beyond the Sponsor’s control, impact or corrupt the security, fairness, proper conduct, or administration of the Giveaway.

15. The Parties, in the event of any of the above issues, may determine the Winner based on all eligible entries received prior to the action taken by the Parties. Individuals who tamper with or attempt to tamper with the operation or entry process of the Giveaway or violates these terms and conditions in this Agreement will be disqualified by the Parties in their sole discretion;

a. In their sole discretion, the Sponsor has the right to maintain the integrity of the Giveaway to void entries for any reason, including, but not limited to: fraudulent entries, miscalculation of entries, multiple entries from the same user or multiple entries from the same computer beyond the number allowed by the rules within Agreement; or the use of bots, macros, scripts, or other technical means for entering;

b. Attempts by any Participant to deliberately damage any website or undermine the legitimate operation of the Giveaway may be a violation of criminal and civil laws. If any such attempt is made, the Parties reserves the right to seek damages to the fullest extent permitted by law.

Limitation of Liability
16. This Agreement is bound to any and all other agreements signed between the

Participant and the Parties;

a. Your entry into this Giveaway constitutes Your agreement to release and hold harmless the Parties and its subsidiaries, representatives, affiliates, partners, advertising and promotion agencies, successors, agents, assigns, directors, employees, and officers against and from any and all claims, liability, illness, injury, death, litigation, loss, or damages that may occur, directly or indirectly from participation in the Giveaway and/or the Winner accepting, possessing, using, or misusing of any awarded prize or any portion thereof, any type of technical failure, the unavailability or inaccessibility of any transmissions, phone, or internet service, unauthorized intervention in any part of the entry process or the Giveaway, electronic error or human error in the Giveaway administration or the processing of entries.

Disputes

17. THIS Giveaway IS GOVERNED BY THE LAWS OF CANADA AND THE PROVINCE OF ALBERTA, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. The Participant agrees, as a condition of participating in this promotion, that if any disputes cannot be resolved between the Participant and the Sponsor, and if causes of action arise out of or are connected with this Giveaway, they shall be individually resolved exclusively before a court located in Alberta having jurisdiction, without resorting to any form of class action.

a. Under no circumstances in any such dispute shall the Participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, actual out-of-pocket expenses such as costs associated with entering this Giveaway. The Participant waives all rights to have damages multiplied or increased.

b. The Participant agrees to and understands that this Giveaway is put on by the Parties as a promotional offer and as such, the cost of the Program is reduced and entry to the Giveaway is being granted with no additional charges to the Participant.

Winners List

18. You may obtain a copy of the Winner’s name(s) or a copy of these Official Rules, by sending your request via mail with a stamped, self-addressed envelope to: Josh Dech Fitness Inc. located at 918 McPherson Square NE, Unit 601, Calgary, Alberta, T2E 8S9, Canada. Requests must be postmarked no later than the officially announce time of the Giveaway closing, which is the second the 500th (five hundredth) participant joins the Giveaway.

Affiliation

19. The Giveaway hosted by Josh Dech Fitness Inc. is in no way sponsored, endorsed, administered by, or associated with Facebook.