The Promax Challenge

Promax Challenge Official Contest Rules (“Official Rules”)

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST.

2. The Promax Challenge Contest (the “Contest”) is sponsored by Promax Nutrition Corporation (”Promax”), 100 Bayview Circle, Ste 505, Newport Beach, CA 92660.

3. The Contest is open to legal residents of the United States who are 18 years of age or older at time of entry. Entry is contingent on submitting an entry form from Promax’s website: www.promaxnutrition.net, along with photographs as described herein (the “Submission”). The Contest is not open to: (a) employees of Promax, agents, consultants, officers or members of the board of directors; (b) employees or agents of any organization directly involved with the Contest; or (c) their immediate family members of or persons residing in the same household as those persons identified in (a) and (b) above. Each winner is subject to proof of eligibility. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

4. The Contest commences on 5/1/08. Submissions must be received by Promax as follows:

Contest	Submissions Begin	Last Date to Receive Submission
Max Biceps	May 1, 2008	June 15, 2008
Max Chest	June 15, 2008	July 15, 2008
Max Legs	July15, 2008	August 15, 2008

With the Entry Form, you must submit a photograph showing participant’s face and applicable muscle in the same shot for verification purposes. All submitted photographs must be an original photograph of the participant and not enhanced or altered in any manner.

Submissions may not contain any intellectual property of any third party such as logos, trademarks, service marks or copyrighted material.

Promax reserves the right to reject any Submission that it deems in its sole discretion to be vulgar, profane, offensive, or inappropriate.

All submitted photos become the property of Promax, and as such may not be published elsewhere (including but not limited to other Internet websites and print publications) without the express written consent of Promax. Use of winning photos without the express written consent of Promax will result in immediate forfeiture of prizes and disqualification from the Grand Prize Contest. If a photo does not win, the participant may assume full rights to their photo by contacting Promax via email at sitemoderator@promaxbar.com and requesting to have their photo removed from the Promax archives.

Entries must be scanned and sent in JPEG format only and must not exceed 2 MB in size.

Only one image per contestant will be considered; however, you can submit a photo of your applicable muscle group for the subsequent Contests as long as it is a different image than what was previously entered.

Submitted photos are eligible to be chosen for the following awards (as applicable):

Max Bicep
Max Chest
Max Legs

The voting will commence for each Contest as follows:

Contest	Voting Begins	Voting Closes (Midnight Pacific Time)
Max Biceps	June 15, 2008	June 30, 2008
Max Chest	July 15, 2008	July 30, 2008
Max Legs	August 15, 2008	August 30, 2008

Upon notification, all winners must respond by email or telephone to confirm identity and eligibility. If there is no response from the potential winner within 7 days or the potential winner fails to properly confirm their identity, an alternate winner will be selected by the next highest number of votes received from the remaining eligible entries.

The winners may or may not be featured on Promax’s home page for the duration of the Contest. It may further be used at any time by Promax as set forth in the Terms of Submission below.

Winning photos are determined solely by voting results. Voters will score each photo with a range of 1 to 5 points. Scores will be calculated as an average. The highest scoring photo will win. If there is a tie in the highest score, then the photograph with the highest number of votes will win. Any tie between both the score and the number of votes will be decided by Promax in its sole discretion.

The five (5) Submissions in each Contest category receiving the most votes will each receive $250 worth of free Promax Bars (to be delivered to each winner in no more than two shipments and within 6 months of the close of the Contest) and will be automatically be entered in the Grand Prize Contest. We will notify winners by email.

The Grand Prize winner will be the single Submission receiving the highest number of votes in the Contest and will win a Trip for Two to the 2009 Arnold Classic and Sports Festival, including hotel, airfare, registration, and entrance to the Bodybuilding Competition Finals (cash value not to exceed $2,000).

All prizes are non-transferable. Cash may be awarded in lieu of the Grand Prize. Arrangements for the fulfillment of prizes will be made by Promax. Where permitted by law, Promax reserves the right at its sole discretion to substitute any and all prizes with prizes of comparable value. Prize winners may be required to sign (i) an affidavit of eligibility and release of Promax, its employees and agents from any and all liability, claims, demands, and causes of action for personal injury and/or damage, theft, or loss suffered in connection with this promotion or the use or acceptance of the prize or any portion thereof to be eligible for the prizes; and (ii) where permitted, a promotional release granting the right to use his or her name and likeness for advertising and publicity purposes without additional compensation. Entry into the Contest constitutes the winner’s agreement to sign such release. Prize winners must also complete all legal documents and return them to Promax within five (5) working days after receipt of any such documents. Noncompliance will result in disqualification and an alternate winner will be selected from among remaining eligible entries.

The value of the prizes may be taxable as income. Upon receipt of any prize, the winner is required to comply with any and all applicable federal, state and local tax laws and pay all such taxes as becomes due with respect to the prize. Winner agrees to indemnify and hold harmless Promax, its employees and agents from and against any liability for such taxes.

By participating in the Contest, entrants agree to be bound by these rules and by the decisions of Promax which are final in all matters relating to this Contest.

By entering, participants acknowledge compliance with these Official Rules, including all eligibility requirements. Entry into this Contest as well as submission of a vote authorizes Promax to add contact information into the Promax mail list database. Promax will use this mail list database to send tailored communications including news or special offers relating to Promax. Participants may request removal from this mail list upon receiving the first mailing from Promax (instructions for removal will be included with each mailing). Promax respects your privacy. We do not give or sell your information to other companies or individuals without your permission. We take reasonable security precautions to protect your information from unauthorized access.

ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (IN PROMAX’S SOLE DETERMINATION) WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS WINNER OF THE CONTEST AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED. The receipt by the winners of the prize components of this Contest is conditioned upon compliance with these rules and with any and all federal, state and local rules and regulations.

Terms of Submission

Last Revised May 1, 2008

By selecting the “I Accept” button, you are agreeing to the following terms, which serve as a binding agreement (hereinafter “the Agreement”) between you and Promax Nutrition Corporation. (“PNC”).

The Promax Challenge Contest (hereinafter “the Contest”) is the competition as described in the Promax Contest Official Rules.
You are at least 18 years of age and have full authority to enter into this Agreement.
By submitting any photographic image (hereinafter referred to as “the Submission”) for consideration in the Contest, you represent and warrant to PNC that you have the right and authority to convey the rights granted hereunder; that the Submission is original and free and clear of any encumbrances or liens and is not subject to any third-party agreements or arrangements that would interfere with their use; that the Submission is not libelous, slanderous, obscene, and does not plagiarize; and that the exercise of rights herein granted will not infringe upon any copyright, right of privacy or any other rights whatsoever of any third party. You shall hold PNC harmless and shall indemnify PNC for all costs and expenses (including reasonable attorney fee’s) in the event of a breach of any of the foregoing warranties or representations. These warranties and representations do not extend to any material not furnished by you.
If your Submission is selected as the winner of a PNC Award—which includes, but is not limited to, the “Max Bicep”, the “Max Chest”, the “Max Legs” or the “Grand Prize Award” as these awards are defined in the Promax Contest Official Rules, or any other promotional award(s) that may from time to time be offered by PNC, and that result in the publishing and/or dissemination of your Submission by PNC, in consideration for the prizes offered in connection with the various PNC Awards, which prizes are set forth in the Promax Contest Official Rules, you hereby grant to PNC, its licensees and assignees, an exclusive right to: (1) reproduce the Submission or any parts, alterations or derivatives thereof, in any media or embodiment now known or hereafter to become known (the “Photograph”); and (2) publicly display, perform or exhibit, or distribute the Photograph in connection with Promax products, in any way now known or hereafter to become known including without limitation by transmission, broadcast, or electronic communication.
If your Submission is not selected as a winner, you are free to use your Submission for any commercial purpose. In order to do this, contact Promax after the close of the Contest and request the removal of your Submission from the archives section of the website.
Without limiting other remedies, PNC may at its sole discretion remove any Submission from publication and/or dissemination if it thinks that the Submission is creating problems, possible legal liabilities, or is inconsistent with the letter or spirit of PNC’s policies. PNC reserves the right at its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest; to be acting in violation of the Official Rules; or to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.
The Submission may be modified in any way whatsoever, used as a basis for additional illustrations or images (whether or not by you), and the Submission and any modifications or derivatives thereof may be digitized without any additional approval being required of you, with the exception that you shall be shown such modifications and derivatives and shall have a right to withdraw use of your name as a credit. You hereby waive any and all attribution and integrity rights with regard to the Submission whether arising under the law of any state of the United States, United States federal law, or the law of any other country.
PNC shall use reasonable efforts to ensure that the use of the Submission/Photograph is accompanied by a reasonable credit to you (subject to your right to withdraw such credit as discussed above).
This Agreement, in whole or in part, may be freely assigned by PNC. You may not assign this Agreement in whole or in part without the prior written approval of PNC.
If any part, term or provision of this Agreement shall be held illegal, unenforceable, or in conflict with any law of a federal, state or local government having jurisdiction over this Agreement, the validity of the remaining portions or provisions shall not be affected thereby.
This Agreement contains the entire understanding of you and PNC with respect to the subject matter hereof and with respect to the matter contained herein and supersedes all prior agreements or understandings. This Agreement shall not be modified except in writing.
This Agreement shall be governed by and construed under the laws of the State of California, without regard to its principles of conflicts of laws and notwithstanding the fact that you may be domiciled in a different state or country. You stipulate and agree that any and all claims, disputes, controversies, suits or actions arising out of or relating to the provisions of this Agreement or the subject matter hereof and initiated by you, or any successor in interest, shall be adjudicated exclusively in the Circuit or District Courts of California, or the United States District Court, sitting in Orange County, California, which courts shall have the exclusive jurisdiction and venue for any and all such claims, disputes, controversies, suits or actions, and you hereby stipulate and submit to the personal and subject matter jurisdiction of such courts with respect to such claims.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
A failure of either party to exercise any right provided for herein shall not be deemed to be a waiver of any right hereunder.
Nothing herein shall be construed as an obligation of PNC to manufacture and/or disseminate any specific quantity of the Photograph or material containing the Submission. All dissemination and marketing decisions regarding each Submission are left to the sole discretion of PNC.

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