MuscleTech $50,000 Transformation Contest

MuscleTech $50,000 Transformation Contest

Official Contest Rules

1. Eligibility:

The MuscleTech® $50,000 Transformation Contest (the “Contest”) is open only to individuals who are legal residents of the 50 United States (except residents of Arizona and Vermont) and the District of Columbia and are eighteen (18) years of age or older at the time of entry. Notwithstanding the forgoing, the following individuals are not eligible to participate:

(a) professional bodybuilders (b) individuals that endorse any supplements; and (c) employees of Iovate Health Sciences, Inc., Bodybuilding.com, employees, representatives or affiliates of any other supplement company, or of any other company involved in the Contest, as well as the immediate family (spouse, parents, siblings, and children) and household members of each of the above. The Contest is subject to federal, state, and local laws and regulations and is void in Arizona and Vermont, and where prohibited by law.

2. Sponsor And Administrator:

The Contest is sponsored by Iovate Health Sciences, Inc., 3880 Jeffrey Blvd., Blasdell, New York, 14219, U.S.A (the “Sponsor”). The Contest is administered by Bodybuilding.com, 2026 Silverstone Way, Meridian, Idaho, 83642, U.S.A. (the “Administrator”).

3. Agreement To Official Rules:

Participation in the Contest constitutes your full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding.

4. Entry Period:

The Contest begins at 12:00:01 a.m. Eastern Daylight Saving Time (“EDST”) on March 24, 2008 and ends at 11:59:59 p.m. EDST on June 16, 2008 (the “Entry Period”). The Sponsor’s computer is the official clock for the Contest.

5. How To Enter:

You must complete each of the following steps in order to enter.

a. Purchase A MuscleTech® Supplement: Purchase any MuscleTech® supplement from Bodybuilding.com between March 24, 2008 and May 16, 2008 (the “MuscleTech® Supplement”). Purchases before March 24, after May 16 or from any other retailer do not qualify.

b. Before Pictures: Have someone take pictures of you before you start a transformation campaign (the “Before Pictures”). The Before Pictures must comply with the requirements set forth in the Requirements for Pictures Section below.

c. Transformation Campaign: Follow a diet and exercise plan and use the MuscleTech® Supplement as directed. The transformation campaign must last at least four (4) weeks. The Sponsor recommends that you consult your doctor before beginning any diet and exercise program.

d. After Pictures: Have someone take pictures of you at the end of your transformation campaign (the “After Pictures”). The After Pictures must comply with the requirements set forth in the Requirements for Pictures Section below.

e. Essay: Write an essay describing what impact the transformation campaign had on your life (the “Essay”). The essay must be truthful, be entirely your own work, and must not have been previously published. Essays may not exceed two-hundred and fifty (250) words.

f. Submit Your Entry: Visit http://www.bodybuilding.com/08muscletech_50000_contest.htm, complete the online Entry Form, including all required fields of information. Read these Official Rules carefully and click on the button indicated that you have read and agree to these Official Rules. After entering all requested information, submit your Essay and Before and After Pictures. Entries become the property of the Sponsor and will not be acknowledged or returned. There is a limit of one (1) entry per person.

Any attempted participation in any manner other than as expressly stated in these Official Rules is void and photos/essay submitted via such improper means will NOT be accepted.

6. Requirements For Pictures:

The Before and After Pictures must comply with each of the following requirements:

(a) all Pictures must be taken with the same lighting and background; (b) Pictures must be taken in multiple poses, including front relaxed, back relaxed, most muscular, abs and thigh, and side chest; (c) all Pictures must be taken with you wearing the same color and style of clothing; (d) you must have substantially the same hair-style and (if applicable) makeup in each Picture; (e) one (1) of the Before Pictures and one (1) of the After Pictures must show you holding a national newspaper or magazine with the date clearly visible; and (f) only you and no one else may appear in the Picture. Additional technical requirements for the Pictures are set forth on the entry page.

If Sponsor and/or Administrator, in the sole discretion of either party, has reason to believe that a Picture contains any material that may infringe or violate the rights of a third party, Sponsor may disqualify such Picture (and the entrant submitting the same) without notification to entrant and take all other measures as Sponsor deems necessary and appropriate, in its sole discretion, so as to protect its rights. Pictures may not be submitted jointly by more than on entrant or be a group of entrants; each Picture may only list a single individual as the entrant.

Pictures that in the sole discretion of Sponsor are indecent, inappropriate, offensive or otherwise unfit for publication will be disqualified without notification to entrant; Pictures that, in Sponsor’s sole discretion, contain acts of violence or that advocate reckless behavior will also be disqualified. All Pictures that are not in full compliance with these Official Rules will be disqualified without notification to entrant.

7. Submission Of Entries:

By submitting an entry, you represent the following:

(a) your Essay is your original work; (b) your Essay is true and accurately reflects your honest opinion of, and experience with, the transformation campaign and the MuscleTech® Supplements; (c) your Before and After Pictures are accurate depictions of yourself; (d) neither the Before nor After Pictures have been retouched, altered, and/or distorted in any way whatsoever; (e) no mock-up or other device, special camera, or other techniques were used to distort or otherwise misrepresent your appearance in the Before or After Pictures; (f) the differences seen in the Before and After Pictures are attributable solely to diet and exercise; and (g) the Pictures do not violate the trademark, copyright, intellectual property or other rights of any third party.

8. Sponsor’s Rights To Submissions:

By submitting an entry, you grant to the Sponsor and its agents the right in perpetuity to reproduce, publish, and use your Pictures, Essay, name, biographical information, and opinions in any way, in any and all media, without limitation and without further compensation. By submitting an entry, you warrant that you have the ability to grant the aforementioned rights to the Sponsor and its agents.

You further agree not to instigate, support, maintain or authorize any action, claim or lawsuit against the Sponsor, or its agents, on the grounds that any use of the Pictures or Essay, or any of derivative works, infringes your rights. You further agree to release and hold the Sponsor harmless in the event that any third party instigates such an action against the Sponsor. Nothing herein shall constitute an employment, joint venture, or partnership relationship between you and the Sponsor.

9. Judging:

On or about July 16, 2008, a panel of judges appointed by the Sponsor will evaluate all entries. Entries will be judged according to the following criteria (the “Judging Criteria”): (a) extent of an entrant’s transformation (75%); and (b) how inspirational the essay is (25%). In the event of a tie, the essays of each tied entry will be judged an additional time until a potential winner is determined.

The decisions of the judges with respect to the selection of the potential winners and all other matters related to the Contest shall be final and binding in all respects. Potential winners will be notified by phone or mail on or about July 17, 2008. In the event a potential winner notification is returned as undeliverable, an alternate entrant will be selected based on the Judging Criteria.

10. Requirements Of Potential Winners:

Except where prohibited, a potential winner will be required to complete and return an affidavit of eligibility and liability/publicity release (the “Affidavit/Release”) within seven (7) days of being notified. If a potential winner fails to sign and return the Affidavit/Release within the required time period, an alternate entrant will be selected in his/her place according to the Judging Criteria. If a potential winner is a minor, his/her parent or legal guardian must sign the Affidavit/Release on the potential winner’s behalf.

11. Prizes:

a. First Prize: One (1) First Prize winner will receive the following elements. The approximate retail value of the entire prize is $47,000.
o A check for $25,000 within three (3) months of being verified as a winner.
o A one-year supply of assorted MuscleTech® supplements from Bodybuilding.com worth approximately $12,000.
o An assortment of MuscleTech® clothing worth approximately $1,000.
o A trip to watch the Mr. Olympia Finals in Las Vegas Nevada. The trip includes: (a) round-trip coach-class airfare for two (2) from the airport closest to the winner’s residence to the destination city; (b) hotel accommodations selected by Sponsor in one (1) room for four nights; (c) $500 in spending money; and (d) VIP-access for two (2) to the event. Travel will occur between September 25, 2008 and September 29, 2008. Neither the Sponsor nor Administrator assume or undertake any liability to winner or winner’s travel companion in the contingency that the Mr. Olympia Finals does not take place as scheduled.
o A trip to meet Jay Cutler. The trip includes: (a) round-trip coach-class airfare for two (2) from the airport closest to the winners’ residence to the destination city; (b) hotel accommodations selected by Sponsor in one (1) room for two nights; and (c) $500 in spending money. Travel will occur between July and December 2008, but the exact details depend on availability and Mr. Cutler’s schedule.
o The opportunity to be featured in Muscle Mag International magazine.

b. Second Prizes: Three (3) Second Prize winners will each receive $1,000.

c. For All Prizes: Any details not specified above will be determined by the Sponsor, in its sole discretion. All meals, gratuities and all other expenses not specified above are the responsibility of the winner. Prizes are not transferable or refundable and must be accepted as awarded. No cash or other substitution may be made, except by the Sponsor, who reserves the right to substitute a cash or non cash prize (or component thereof) of equal or greater value if the First Prize (or component thereof) is not available for any reason as determined by the Sponsor in its sole discretion.

Travel arrangements are subject to availability and blackout dates and other restrictions may apply. Winner and travel companion must travel on same itinerary. If a travel companion is a minor, he/she must be accompanied by his/her parent or legal guardian. Travel companions may be required to sign a liability/publicity release prior to issuance of travel certificates. Prizes will be reported as income to each winner and each winner will be responsible for all taxes associated with the receipt of a prize.

12. General Conditions:

In the event that the operation, security, or administration of the Contest is impaired in any way for any reason, the Sponsor may, in its sole discretion, either (a) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules; or (b) select winners according to the Judging Criteria from among the entries received at the time of impairment.

IN NO EVENT WILL SPONSOR, ADMINISTRATOR, THEIR RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEB SITE OR UPLOADING TO OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE CONTEST SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the operation of the Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. The Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

13. Release And Limitations Of Liability:

By participating in the Contest, participants agree to release and hold harmless the Sponsor, its related companies, and their respective officers, directors, employees, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Contest or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Contest; (b) printing errors; (c) lost, late, postage-due, misdirected, or undeliverable mail; (d) errors in the administration of the Contest or the processing of entries; or (e) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participant’s use of any MuscleTech® supplement, participation in the Contest, or use of any prize.

Participant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Contest, and in no event shall the Released Parties be liable for attorney’s fees. Participant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.

14. Disputes:

Except where prohibited, participant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate state or federal court for Blasdell, NY. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of New York, 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.

15. Winners List:

To obtain a list of winners, send a hand-printed, self-addressed, stamped envelope c/o MuscleTech® $50,000 Transformation Contest, Iovate Health Sciences, Inc., 381 North Service Road West, Oakville, Ontario, L6M 0H4, Canada. Requests must be received by September 16, 2008.

16. Privacy:

Information participants provide to Sponsor/Administrator will be used to communicate with entrants regarding this Contest and otherwise as set forth in the Sponsor’s Privacy Policy (available at http://www.muscletech.com/global/privacy.shtml) and the Administrator’s Privacy Policy (available at http://www.bodybuilding.com/store/help/privacypolicy.htm). By entering this Contest, you understand and agree that you may receive future promotional or advertising materials for the Sponsor and Administrator.

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