FUELYOURSIXPACK.COM
Release and Official Rules for “Bare Your Abs” Contest
By submitting my picture, or pictures, to FuelYourSixPack.com, and in consideration for the opportunity to be featured or displayed on the FuelYourSixPack.com website and/or included in marketing and promotional materials relating to Twinlab Corporation and/or its parent, subsidiary, affiliated and related companies, and each of their licensees, subsidiaries, successors and assigns (collectively “Company”) and/or their respective products and/or services, and for other good and valuable consideration, the receipt and sufficiency of which I hereby acknowledge, I hereby irrevocably grant to the Company the perpetual worldwide right in all languages, formats and media (whether now or hereafter known or created) to (a) use the photographs submitted to FuelYourSixpack.com and to use my name, photograph, likeness, appearance, biographical information, personal statements and/or depictions (including without limitation actual or simulated likeness, photograph, quotations, personal characteristics, audio-visual recordings or other personal identification) (collectively my “Name and/or Likeness”) on the FuelYourSixPack.com website and in, and in connection with, the advertising, marketing, promotion, endorsement and/or other exploitation of the Company and/or any of its products or services. Company has the right but is not obliged to make use of my pictures or Name and/or Likeness or exercise any of the rights granted to the Company by this agreement. I understand that the Company will not post or utilize any photograph or other items submitted by me that the Company finds objectionable for any reason at its sole and absolute discretion.
I expressly understand and agree that any such photograph, film, tape or other recording of my Name and/or Likeness, all rights therein, and all results and proceeds derived there from, shall be the absolute property of the Company, and the Company shall have the unlimited worldwide right to copyright, publish, exhibit and otherwise exploit such works, in whole or in part, in any manner or medium the Company desires.
I hereby expressly represent and warrant that I am 18 years old and eligible to participate in the FuelYourSixPack.com “Bare Your Abs” Contest,,that I have read and agree to the Official Rules for the FuelYourSixPack.com “Bare Your Abs” Contest, which Official Rules are repeated below, and that the pictures submitted by me are actually pictures of me and such pictures have not been altered in any way. I hereby release the Company, any of its associated or affiliated companies, their directors, officers, agents, employees, customers and the Company's appointed advertising agencies, officers, directors, agents and employees, from all claims of any kind on account of such use of my pictures or Name and/or Likeness. This agreement, its validity, construction and effect shall be governed by the laws of the State of Utah. The parties hereto agree to submit to jurisdiction in the State of Utah.
FuelYourSixPack.com Bare Your Abs Contest
Official Rules
No Purchase Necessary
1. To Enter. To submit an entry, visit FuelYourSixPack.com (“Website”) between 9:00:01 a.m. EST on March 8, 2008 and 11:59:59 p.m. EST on July 31, 2008, follow the on-screen instructions and enter all of the requested information. In case of dispute, entries and votes will be declared made by the authorized account holder of the email address submitted at the time of entry. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet Access Provider, online service provider or other organization (e.g., business, educational institute, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. For information regarding privacy policy for the Website, please visit:
http://www.twinlab.com/privacy.htm.
2. Entries. Your entry must be a recognizable and unaltered photograph of you and only you. Entries must be submitted as jpg files. For best fit, jpg photographs should be 72dpi and sized to a max height of 300 and max width of 425. Entries will be posted at FuelYourSixPack.com and by entering this Contest you consent to the posting of your entry on that website. By submitting an entry, you represent and warrant that your entry is an unaltered photograph of you and only you, is your original creation and does not infringe any other person’s or entity’s rights including, but not limited to, copyright, trademark and rights of publicity or privacy. Any entry that includes content the Sponsors deem inappropriate, indecent or obscene, as determined by the Sponsors in their sole discretion, will not be eligible. Sponsors are not responsible for lost, stolen or misdirected entries. Entries become the property of the Sponsors and will not be returned.
3. Public Rating. Individuals may rate the entries on a scale of 1 to 5 (5 being the highest rating) based on the quality of the applicable entrant’s six-pack abs. Voting period beings at 9:00:01 a.m. EST on March 8, 2008 and ends 11:59:59 p.m. EST on July 31, 2008. Individuals may rate more than one entry, but may rate each entry only once. On or about August 14, 2008, the Sponsors will tally the ratings and determine the winner. In the event of a tie for the highest rated entry, Sponsors will choose the winning entry in a random drawing from among the tied entries receiving that rating (odds of being chosen will depend on the number of tied entries).
4. Prize. The entry receiving the highest overall rating will win the Grand Prize of a trip for two to Miami, Florida! Prize includes a three-day/two-night trip for two with round-trip coach air transportation between the major metropolitan airport nearest winner's home (determined by Sponsors in their sole discretion) and Miami International Airport, hotel accommodations for two nights (one room, double occupancy) and $500 spending money. ARV $4,500 - Actual value dependent upon the location of winner’s home, as well as costs of airfare and accommodations at the time of reservation. Trip must be taken by December 31, 2009 or prize will be forfeited in its entirety. Wenner Media LLC will make all travel arrangements. Prize package does not include travel to or from airports, meals, taxes, insurance, telephone charges, personal expenses, gratuities, passenger facility charges (PFCs), security charges, departure taxes, incidental charges, or any other item not specifically described in these Official Rules. All expenses for any of the foregoing are the sole responsibility of the winner. Some travel restrictions may apply. Winner and travel guest are responsible for any required travel documentation. Prize is not redeemable for cash or transferable and no substitutions allowed; except, at Sponsors’ sole discretion, a prize of equal or greater value may be substituted.
5. General Conditions. Sponsors will have all rights to copy, edit, broadcast, publish and use, in whole or in part, any entry in any manner without further compensation (except where prohibited by law). Winner will be notified by mail and/or phone within 30 days of determination of winner at the address or phone number or e-mail on the entry. If winner cannot be located or does not respond to claim the prize within 14 days after notification, the prize will be awarded to an alternate winner. All federal, state and local taxes are the sole responsibility of the winner. Winner will be required to sign a Winner’s Affidavit of Eligibility and Release Form within 14 days of receipt. In the event of noncompliance, an alternate winner will be selected. Winner’s travel guest must sign and return a release of liability/publicity 10 days prior to travel or will not be permitted to accompany winner on trip. By acceptance of prize, winner (and winner’s travel guest) agrees without limitation to the use of his/her name, photograph and/or likeness for publicity purposes without any additional compensation, except where prohibited by law. Prizes are transferable at the sole discretion of the Sponsors. Entrants agree to be bound by these Official Rules and the decisions of the Sponsors, which are final and binding in all matters related to this Contest. By participating in this Contest, entrants and winner’s travel guest agree that Sponsors and their respective representatives, agencies, affiliates, subsidiaries, directors, officers and employees have no liability whatsoever for any injuries, losses or damages of any kind resulting from the acceptance, possession, use or misuse of any prize or technical, hardware, software or telephone failures of any kind, cost or unavailable network connections, fraud, incomplete, garbled or delayed computer transmissions, whether caused by Sponsors, users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the processing of submissions which may damage a user’s system or limit an entrant’s ability to participate in the Contest. Sponsors may prohibit an entrant from participating in Contest or winning a prize if, in their sole discretion, they determine that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsors’ representatives. Sponsors reserve the right to terminate or amend this Contest, in whole or in part, at any time without notice, if any factor including without limitation virus, bugs, or non-authorized human intervention, interferes with its conduct as contemplated by these Official Rules. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
6. Eligibility. Must be a legal resident of the 50 United States, including the District of Columbia, 18 years or older at the time of entry and have had Internet access prior to the first date of the Contest to win. Employees of Twinlab Corporation, Wenner Media LLC and their licensed dealers, agents and affiliates, and employees’ immediate families are not eligible to win. Immediate family members include relatives living at the same address as an employee. Void where prohibited, taxed, licensed, or restricted by law. All federal, state and local laws and regulations apply.
7. Winner’s List. Name of winner is available upon request by sending a self-addressed, stamped envelope by September 30, 2008, to Twinlab Corporation, Attn: ‘FuelYourSixPack.com Bare Your Abs Contest,’ 632 Broadway 11th floor New York, NY 10012.
8. Sponsors. Sponsored by Twinlab Corporation, 632 Broadway 11th floor New York, NY 10012 and Wenner Media LLC, 1290 Avenue of the Americas, New York, NY 10104-0298.