USER AGREEMENT

Weigh and Win User Agreement

1

Program Overview


Welcome to the Weigh and Win program ("Weigh and Win" or "Program"). This Program is offered to you by incentaHEALTH LLC (referred to herein as "incentaHEALTH" or "Provider") and its affiliates and/or service providers to help you achieve and maintain a healthy weight. The Program is provided subject to the terms and conditions set forth in this User Agreement. This User Agreement was last revised on January 3, 2019 ("Agreement Effective Date").

By checking the "accept" box, you: (i) represent that you are of legal age to enter into a binding agreement; and (ii) agree to abide and be bound by this User Agreement, including our Website Terms of Use https://weighandwin.com/termsofuse and our Privacy Policy https://weighandwin.com/privacy (herein collectively "Agreement"). If you do not agree to all of the foregoing, do not check the "accept" box and you will have no access to, and must not use the Weigh and Win Program.

Following acceptance of the Agreement, you begin the Program by performing an initial weigh in at a Weigh and Win HEALTHspot® Kiosk. Based on your health program election, you will receive regular emails covering tips and information for proper nutrition and exercise. The Program requires that you return to the Weigh and Win HEALTHspot® Kiosk on a quarterly basis to complete weigh ins. If you have lost weight, you may be eligible to receive an incentive reward, distributed via a Visa Prepaid Debit Card, based on the amount of weight lost. If you continue to keep the weight off, you may receive quarterly rewards for up to nine consecutive months after your second weigh in. If you regain some or all of the weight from one weigh in to the next, your reward will be reduced or eliminated, depending on how much weight you regain. At the end of 12 months, your baseline weight will be recalculated based on your new weight. If you are still overweight (as determined in accordance with Section 2 below), you may be eligible to earn new incentive rewards by losing more weight.

2

Qualified Participants


The Weigh and Win Program is open to all adult residents of the United States 18 years of age and older in those areas where we maintain and make available Weigh and Win HEALTHspot® Kiosks. Only those with a BMI of 25 or greater at the initial weigh in are eligible to earn the rewards for losing weight per the established incentive scale. Those with a BMI of less than 25 are eligible for prizes by accruing HEALTHpoints through Program participation. You can only have one active account in the system. Duplicate accounts will be deleted and all earned incentives will be revoked.

3

Privacy and Rights in Data


All of the personal information you provide to the Program is securely stored. The information is used to calculate your incentive reward amounts, as specified herein, and in the manner described in our Privacy Policy. https://weighandwin.com/privacy

  1. Weigh and Win and Social Networking: The Program may permit you to use a third party social networking platform such as Facebook®, Twitter®, LinkedIn®, Snapchat®, and Pinterest®. This includes use of social media plugins such as Facebook “Like”, Tweet, Pinterest “Pin”, and “bragging” to Facebook. When you use these social networking platforms and plugins, your username and password for each platform may be shared with us. In addition, they may be able to collect information about you, including your activity or may notify your connections on the social networking platform about your use of the Sites. Such services may allow your activity to be monitored across multiple websites for purposes of delivering more targeted advertising. Please note that their own privacy polices apply and we encourage you to read them. We may add new social networking plugins and buttons to our websites from time to time.

  2. Team Challenge: If you choose to join any of the Weigh and Win Team Challenges, your email address will be shared with your teammates in order to allow you to easily communicate with each other.

  3. Participation in Program Prior to Agreement Effective Date: If you were a participant in the Program prior to the Agreement Effective Date, your continued participation in the Program thereafter constitutes your consent to the revised terms set forth in this Agreement, and your consent to carry over the personal information and data collected and/or provided prior to the Agreement Effective Date to the extent reasonably necessary or convenient to continue with the uninterrupted operation of the Program.

  4. Use of Data: The use of personally identifiable information you provide in connection with your participation in the Program will be limited to that set forth herein and in our Privacy Policy: https://weighandwin.com/privacy. Except as permitted in the Privacy Policy, we will never sell your personally identifiable information. For information or data that does not identify you or any individual ("De-identified Information"), we reserve the right to use and disclose such De-identified Information for our business purposes, and the right to permit others to do so.

4

Program Modification


incentaHEALTH may modify the terms of this Agreement and the predetermined weight loss Program at any time by posting and/or providing you with an updated version of this Agreement. Your continued usage of the Program will mean you accept those changes.

5

Improper Manipulation of Weight Readings


You are not allowed to artificially influence your weight to create an inaccurate weight reading. This includes, but is not limited to, making your weight higher or lower than your actual weight or having others weigh in for you. If it is determined that you are attempting to manipulate the system in any manner, you shall be immediately terminated from the program. You will not be entitled to any additional incentive checks if it is determined that you have manipulated the program. All weigh ins on the incentaHEALTH Smart Scale must be performed with the scale on a firm surface such as a wood, laminate or tile floor to record an accurate reading. Weigh ins performed on carpet or other soft surfaces will not count toward incentives.

6

Weigh Ins


If you do not complete a weigh in as required under the Program, your participation in the Program and any incentive rewards to which you are entitled under the Program will be suspended until such time as you weigh in at the next weigh in period.

7

Payment of Incentives


Incentives will be paid to you by incentaHEALTH or one or more of our Program sponsors.

You are not eligible for weight loss incentives if you are pregnant at any time while participating in this Program. Pregnancy interferes with accurate weight measurements. In addition, if you have had bariatric surgery at any time after beginning the Weigh and Win Program, you are also ineligible to receive incentive rewards due to weight loss unassociated with the Weigh and Win Program.

Weigh and Win has the right to change the incentive reward amounts and time of pay outs at any time.

All participants receiving incentive reward payments from this Program are required to include this income in their tax return for the year in which the rewards were paid. A 1099 will not be issued.

The total value of all cash rewards and prizes that a particular participant can receive in one calendar year cannot exceed $600. Cash rewards are funded by incentaHEALTH or one or more of our Program sponsors.

Rewards are currently distributed via a third party organization on a Visa Prepaid Debit Card. Such third party organization is required to maintain all participant information related to the payment of rewards secure and confidential.

8

Monthly Prizes


All eligible participants may be entered into a monthly drawing for various prizes. In order to be eligible for a prize, participants may accrue points by participating in Program functions (i.e., opening daily email, completing weekly quiz, completing quarterly weigh ins, referring a friend, etc.). A threshold level for eligibility will be determined by Provider, and an eligible participant will be selected at random from among all participants that are above the threshold to receive the prize. Points for the following month will re-accrue from zero starting from the first day of each month.

All participants receiving prizes from this Program are required to include this income in their tax return for the year in which the prizes were received.

9

Communications From the Program



  1. Daily Coaching: We send all new members a welcoming email to verify password and username. Established members will receive daily coaching emails, SMS messages, and in-app notifications emphasizing exercise, nutrition, and motivation. Out of respect for our users' privacy, we provide a way to opt-out of these communications. Please see the Choice and Opt-out sections.

  2. Special Offers and Updates: Established members will occasionally receive information on products, services, special deals, and coaching. Out of respect for the privacy of our users, we offer the option to not receive these types of communications. Please see the Choice and Opt-out sections.

  3. Service Announcements: On rare occasions, it is necessary to send out a strictly service related announcement. For instance, if our service is temporarily suspended for maintenance, we might send users an email. Generally, users may not opt-out of these communications, though they can deactivate their account. However, these communications are not promotional in nature.

  4. Customer Service: We communicate with users on a regular basis to provide requested services and in regards to issues relating to their account. We reply via email or phone, in accordance with the user's wishes.

10

Cancellation


You may cancel your participation in the Program at any time. Upon cancellation of your participation in the Program, you are entitled to receive incentive payments, if any, only through the date of cancellation.

11

No Guaranty of Weight Loss


Provider does not guarantee any weight loss or maintenance by participating in the Program.

12

Consultation With Physician


Provider recommends that you consult with your physician prior to beginning the Program in order to determine the suitability of the Program to your own needs.

13

ADA Compliance


The HEALTHspot® kiosks used for the Weigh and Win Program are manufactured by Olea Kiosks, Inc., and have been patented by incentaHEALTH LLC. These kiosks are in compliance with ADA/Section 508 guidelines related to wheelchair accessibility.

14

Waiver, Release, Limitation of Liability and Incorporation of Terms


In consideration of your participation in the Weigh and Win Program, you hereby accept all risk to your health and any injury or death that may result from such participation and you hereby release incentaHEALTH, and its officers, directors, employees, agents, sponsors, successors and assigns from any and all liability to you, your personal representatives, estate, heirs, next of kin and assigns, from any and all claims and causes of actions for all illness or injury to your person resulting from your participation in the Weigh and Win Program, including, without limitation, your death, any medical problems or any health issues, whether caused by the negligence of you or Provider, or any of its officers, directors, employees, agents, sponsors, successors and assigns. In no event shall Provider be responsible for any damages (including, without limitation, incidental and consequential damages) resulting from your participation in the Weigh and Win Program, whether based on warranty, contract, tort, or any other legal theory, and whether or not Provider has been advised of the possibility of such damages. Remedies under this Agreement are exclusive and are limited to those expressly provided for in this Agreement.
In addition to the foregoing and for further clarity, the Disclaimer of Warranties and Limitation of Liability set forth in the Website Terms of Use are expressly incorporated herein and intended to apply to this User Agreement as if here fully set forth.

15

Indemnification


You agree to defend, indemnify and hold incentaHEALTH, and its officers, directors, employees, agents, sponsors, successors and assigns harmless from and against any claims, actions or demands, liabilities and settlements, including, without limitation, reasonable attorneys' fees, resulting from your violation of this Agreement.

16

Term of Agreement


Unless sooner terminated by you, this Agreement remains in effect for as long as the Program is funded by incentaHEALTH and/or its Program sponsors or community partners. Upon termination of the Program, you are entitled to receive incentive reward payments, if any, only through the date of termination.

17

General


This Agreement shall be governed by and construed according to the laws of the State of Colorado, without giving effect to conflict of laws principles which might otherwise require the application of the laws of another jurisdiction. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term or condition of this Agreement shall be deemed a further or continuing waiver of such term or condition or any other term or condition.