Twinlab’s RateYourAbs.com Contest
Release & Officials Rules
No Purchase Necessary


Release

By submitting any picture of myself to RateYourAbs.com, and in consideration for the opportunity to be featured or displayed on the RateYourAbs.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 any photograph submitted to RateYourAbs.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 RateYourAbs.com website or any other Company 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 obligated 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 at least 18 years old and eligible to participate in Twinlab’s RateYourAbs.com Contest, that I have read and agree to the Official Rules for Twinlab’s RateYourAbs.com Contest, which Official Rules are set forth below, and that any picture submitted by me is an actual picture of me that was taken within ninety (90) days of my submission of the same to RateYourAbs.com and that any such picture has 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 picture or Name and/or Likeness. This agreement, its validity, construction and effect shall be governed by the laws of the State of Michigan. The parties hereto agree to submit to jurisdiction in the State of Michigan.

Official Rules

  1. To Enter. To submit an entry to Twinlab’s RateYourAbs.com contest (“Contest”) sponsored by Twinlab Corporation (“Sponsor”), visit RateYourAbs.com (“Website”) between 9:00:01 a.m. EST on July 4, 2009 and 11:59:59 p.m. EST on September 13, 2009, 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 taken within ninety (90) days of submission and must include your face in the image. 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 the Website and by entering this Contest you consent to the posting of your entry on any of Sponsor’s websites. By submitting an entry, you represent and warrant that your entry is an unaltered photograph of you and only you taken within ninety (90) days of submission, 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 Sponsor deems inappropriate, indecent or obscene, as determined by the Sponsor in its sole discretion, will not be eligible for the Contest or placement on Sponsor’s websites, including the Website. Sponsor is not responsible for lost, stolen or misdirected entries. Entries become the property of the Sponsor 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 July 4, 2009 and ends 11:59:59 p.m. EST on September 13, 2009. Individuals may rate more than one entry, but may rate each entry only once. On or about September 14, 2009, the Sponsor will tally the ratings and determine a single winner based on the entry with the highest average rating. Only those entries receiving a minimum of one hundred (100) votes will be eligible to win. In the event of a tie for the highest rated entry, Sponsor shall appoint a Judge to determine the winner based on the quality of the abs of the entries tied after the voting.

  4. Prize. The winner will have the choice of one of two prizes (1) the actual Twinlab 2009 Mobil Beach Bash Jeep (“Jeep”) as driven through and seen at locations around the country during the Contest period. ARV (approximate retail value) of the Jeep is $26,780 (approximation based on the Kelly Blue Book value of a used 2008 Jeep Wrangler Unlimited with 4,400 miles, an up charge for current year model, and sold by a car dealer); or (2) $12,000 (United States Dollars). If the winner chooses the Jeep, the winner will accept the Jeep in the condition received from the Sponsor. The winner acknowledges and accepts that the Jeep is a used vehicle driven by employees or agents of the sponsor in promotion of the Contest and accepts the Jeep as is. The Jeep will be transferred to winner with only those warranties established by the manufacturer of the Jeep. The Jeep shall be transferred to the winner at a site within the continental United States mutually agreed upon by the Sponsor and the winner. All expenses for the transportation of the Jeep to the site of transfer shall be the sole responsibility of Sponsor. The winner is responsible for all taxes, fees, registration, insurance, and legal compliance related to the ownership and operation of the vehicle.

  5. General Conditions. Sponsor 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 email, 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. By acceptance of prize, winner agrees without limitation to the use of his/her name, a photograph with the Jeep if chosen as prize, 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 Sponsor. Entrants agree to be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters related to this Contest. By participating in this Contest, entrants agree that Sponsor and its 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 Sponsor, 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. Sponsor 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 Sponsor’s representatives. Sponsor reserves 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, SPONSOR 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 one of the 48 continental 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 and their immediate family members are prohibited from entry. 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, 2009, to Twinlab Corporation, Attn: ‘Twinlab’s RateYourAbs.com Contest,’ 3133 Orchard Vista Drive SE, Grand Rapids, MI 49546. Sponsor. Sponsored by Twinlab Corporation, 3133 Orchard Vista Drive SE, Grand Rapids, MI 49546.