Rules & Regulations

1. Competition:

NxLabs^® presents the "Hardcore Bodybuilding Challenge". The Hardcore Bodybuilding Challenge is one of three competitions that make up the entire NxLabs Body Challenge Contest. The Hardcore Bodybuilding Challenge is an online contest open to both male and female residents of the USA and Canada (excluding residents of Quebec) who think they have what it takes to be the future NxLabs® athlete. The winner will be entitled to represent NxLabs^® and its products under an endorsement contract following the Hardcore Bodybuilding Challenge end date.
Visitors to the NxLabs.com website may vote for their favorite Entrant in the preliminary and semi-final rounds. The final round of the Hardcore Bodybuilding Challenge will feature the top five (5) finalists and will be held on or about August 29th, 2009 through an online video posedown. The Hardcore Bodybuilding Challenge winner and the final video will be posted on NxLabs.com.

2. Sponsor:

NxLabs, 1201 N. Orange St., Suite 741, Wilmington, Delaware, 19801 (the "Sponsor").

3. Eligibility:

The Hardcore Bodybuilding Challenge is open to both male and female residents of the USA and Canada (excluding residents of Quebec) 18 years of age or older as of the date of their entry, without limitation as to the total number of Entrants.  All Entrants must complete and submit the form (“Entry Form”) on the NxLabs.com website (the "Website"), and post their Mandatory Poses on NxLabs.com.
 Entrants wishing to compete in more than one (1) category of the NxLabs Body Challenge Contest, must submit an Entry Form for each challenge.  Employees, representatives and agents of the Sponsor, their parent companies, subsidiaries, affiliates, their advertising and production companies and the immediate family (spouse, parents, siblings, and children) and household members of the foregoing, are not eligible to participate in the NxLabs Body Challenge Contest.  Eligibility is also prohibited to professional bodybuilders and athletes as well as individuals that currently endorse and/or represent any competitive supplements; and employees or representatives or affiliates of any other supplement company, as well as the immediate family (spouse, parents, siblings, and children) and household members of previously mentioned. All federal, state and local laws and regulations apply. Void where prohibited or restricted by law. By entering the NxLabs Body Challenge Contest, Entrant agrees to be bound by these Rules and Regulations. 

No purchase of NxLabs product necessary to participate.

4. Judging Criteria:

Visitors to the NxLabs® website are encouraged to vote for Entrants who, in their opinion, display the most aesthetic physiques, making them worthy of the NxLabs® endorsement. There will be exactly twenty (20) Entrants chosen who received the most votes from the preliminary round of the Hardcore Bodybuilding Challenge to compete in the semi-final round. The five (5) Entrants who received the most votes from the semi-final round will be selected to compete in the final round.

Final Round Judging: During the final round, a panel of judges comprised of representatives of the Sponsor ("the Judges") will determine the winner who, in their opinion, displays the most aesthetic physique. The decision of the Judges shall be final and binding in all respects relating to the Hardcore Bodybuilding Challenge. All five (5) finalists will compete against each other within the Hardcore Bodybuilding Challenge via a video Posedown and the winner will receive the Grand Prize.

5. Prizes:

Each Entrant and registered voting fan receives a 20% preferred discount on any NxLabs product purchased from Bodybuilding.com for a limited time.

Within the Hardcore Bodybuilding Challenge, one (1) Grand Prize winner will be selected from the five (5) finalists and may (a) appear on the NxLabs® website, (b) appear in a feature article about the NxLabs Body Challenge Contest, (c) appear in a North American advertising campaign for NxLabs, (d) attend the 2010 Arnolds as the NxLabs athlete, and (e) other benefits and conditions pursuant to NxLabs® endorsement contract.

The Entrant receiving the most online votes from the preliminary round through to the final judging will be selected as the People’s Choice winner and will (a) appear on the NxLabs® website and (b) receive an NxLabs® prize package valued at $2,500.

6. How To Enter:

To enter, follow the links at NxLabs.com to the official entry form, after agreeing to abide by the Rules and Regulations posted. Once an applicant's entry has been received and processed, he/she will be required to upload a current (after November 1st, 2008) photograph of themselves as well as the Mandatory Poses specified on the Website. Photographs need to be uploaded to the "Progress Photos" section of his/her Competition profile. He/she must also participate in the video Posedown on or about August 29th, 2009 via NxLabs.com.
 Except as otherwise permitted herein, only one entry per person, per category within the NxLabs Body Challenge will be accepted; all subsequent entries will be disregarded and only the first submission will be eligible. No altered photographs, photographs taken prior to November 1st, 2008, or photographs containing more than one person will be eligible. Any photographs which, in the sole and absolute discretion of the Sponsor, are considered to be pornographic, offensive, inappropriate, vulgar, obscene, or appear to have been digitally altered, will be rejected. False, deceptive or incomplete entries provided by Entrant throughout the Hardcore Bodybuilding Challenge (including but not limited to responses to questionnaires) shall render the entry ineligible. The Entrant may submit their Entry Form and Mandatory Poses anytime during the period of January 15th, 2009 to June 15th, 2009, midnight West Coast time (the "Entry Period"). Late and/or incomplete entries shall be ineligible.

7. How To Submit Photos:

All photos must be in ".JPG" (JPEG) format, approximately 800×600 pixels and up to 250 KB file size. Please be sure to retain the original photographs, as finalists will be required to submit their Mandatory Poses in greater resolution. The Sponsor reserves the right to contact an Entrant to request resubmission of one or more of the Mandatory Poses, and/or to request that the Entrant submit additional related photographs.
While Entrant may have assistance in entering data and uploading the photographs, each Entrant must submit the Entry Form on their own behalf.  Entries submitted by anyone other than the person appearing in the Mandatory Poses (including but not limited to entries submitted by modeling agencies) will be ineligible and rejected.  As set forth in greater clarity below, submission of any photograph and Entry Form in the Hardcore Bodybuilding Challenge constitutes Entrant’s consent for Sponsor to use the Mandatory Poses and Video on the NxLabs^® Website, and/or associated or affiliated websites.

8. Selection:

Hardcore Bodybuilding Challenge Preliminary Voting Round (Round 1): On or about January 15th, 2009 and concluding on or about June 15th, 2009 at times to be specified by the Sponsor (the "Preliminary Voting Round"), visitors to the Website will have an opportunity to vote for their favorites among the posted Entrants in the Hardcore Bodybuilding Challenge. Voters may vote each day during the Preliminary Voting Round for any five (5) Entrants. At the conclusion of the Preliminary Voting Round, the Sponsor shall tally all online votes cast for all Entrants and determine the Entrants qualifying to be semi-finalists in the Hardcore Bodybuilding Challenge (there will be 20 semi-finalists). Voting for an Entrant is accomplished by visiting their Competition profile. 

Semi-final Voting Round (Round 2): On or about June 16th, 2009 and concluding on or about August 15th, 2009 at times to be specified by the Sponsor (the "Semi-final Voting Round"), visitors to the Website will have an opportunity to vote for their favorites among the posted Entrants who have qualified for the semi-final round. At this point votes will be reset to zero (0) for the semi-final round. However, total votes from all rounds will still be considered for the People’s Choice Award. Voters may vote each day during the Semi-final Voting Round for any five (5) of the posted semi-final Entrants.  At the conclusion of the Semi-final Voting Round, the Sponsor shall tally all online votes cast for all semi-final Entrants and determine the finalists (there will be 5 Finalists from the Hardcore Bodybuilding Challenge). Voting for an Entrant is accomplished by visiting their Competition profile. Only unique profile visits will be considered during the duration of the contest.

Final Round (Round 3): At this point, total votes from all rounds will still be considered for the People’s Choice Award only. During the final round, the Judges will determine the winner based on the aforementioned Judging Criteria. The decision of the Judges shall be final and binding in all respects relating to the Hardcore Bodybuilding Challenge. All five (5) Finalists from the Hardcore Bodybuilding Challenge will compete against each other via their submitted video Posedown and the winner will receive the Grand Prize.

Only the Finalists should appear in the final video Posedown. Finalists may also be required to:

(i) respond to additional questionnaires;

(ii) submit to an interview via telephone or otherwise; and/or

(iii) submit other additional materials or information, at the discretion of the Sponsor. 

The return of the above referenced materials and other cooperation with the Sponsor within the time frame allotted by the Sponsor shall be the sole responsibility of the Finalists; the Sponsor is not responsible for delays in delivery of requested materials.

9. General Conditions:

Sponsor reserves the right to adjust, delay or extend any deadline dates.

The winner of the Grand Prize and the winner of the People's Choice Award will be contacted by phone and/or email (using the contact information provided at time of entering the Hardcore Bodybuilding Challenge) at least two (2) times within seven (7) days after the Judges’ decision on or about August 29th, 2009.  If the winner cannot be reached during that time, an alternate winner will be selected using the same Judging Criteria. The initial selected winner will be disqualified and will have no recourse towards Sponsor or anyone involved in the Hardcore Bodybuilding Challenge.

Before being confirmed the winner, the selected Entrant will be required to sign a Declaration and Release of Liability confirming compliance with the Hardcore Bodybuilding Challenge’s Rules and Regulations and accept the Grand Prize as offered thus (i) releasing Sponsor, clever ideation inc. and their affiliates, directors, officers, employees, volunteers, representatives, agents, licensees, sponsors, successors, and assigns ("Released Parties") from any and all liability for any loss, harm, damages, cost or expense arising out of participation in the Hardcore Bodybuilding Challenge or participating in any prize-related activity or the acceptance, use or misuse of any prize, including without limitation costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light, or from any and all claims of third parties arising therein and (ii) granting Sponsor the unrestricted rights, in their collective or individual discretion, to publish without any further compensation the name, image, likeness, voice and biographical data ("Image") and ideas; of the winner for advertising and promotional purposes. 

Winner irrevocably grants the Sponsor the right to edit or modify and to publish and copyright the foregoing. The Declaration and Release must be returned within five (5) business days of the notification date indicated on the documents. 

Entry Forms and photos submitted become the property of Sponsor and will not be returned to Entrants. 

All prizes must be accepted as awarded.  No transfer, substitution or cash equivalent for any prize will be permitted due to the unavailability of prizes for any reason, including but not limited to cancellation, scheduling conflicts or force majeure. Any remaining components of the prize(s) will be awarded and the Sponsor’s obligation will be fulfilled, and no other additional compensation will be provided. Sponsor reserves the right to substitute prizes of equal or greater value at its sole and absolute discretion.

By accepting prizes, the winner agrees to hold Released Parties harmless from and against any and all claims and liability arising out of any and all prizes. Winner assumes all liability for any injury or damage caused, or claimed to be caused, by participating in the Hardcore Bodybuilding Challenge.

Participation in the Hardcore Bodybuilding Challenge represents Entrant’s complete agreement to and acceptance of these Rules and Regulations and the decisions of the Judges being final and binding on all Entrants.  Failure to comply with these Rules and Regulations shall result in ineligibility of Entrant. 

By entering the Hardcore Bodybuilding Challenge, Entrant hereby grants to Sponsor (i) a nonexclusive, worldwide, irrevocable, royalty-free license to reproduce, distribute and publicly display the photographs submitted to Sponsor, and (ii) the right to use Entrant's name, city, state/province and country of residence in promotions and other publications and biographical information and statements relating to the Hardcore Bodybuilding Challenge without limitation and without further compensation. By entering the Hardcore Bodybuilding Challenge, Entrants warrant that they have the authority to grant the aforementioned rights to the Sponsor and/or its agents.

If, for any reason, the Hardcore Bodybuilding Challenge is not capable of completion as planned, including but not limited to, any reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of Sponsor that corrupt or affect the administration, security, fairness, integrity or proper conduct of the Hardcore Bodybuilding Challenge, Sponsor reserves the right at their sole and absolute discretion to cancel, terminate, modify or suspend the Hardcore Bodybuilding Challenge.

The Sponsor is not responsible for incomplete, illegible, damaged, lost, delayed or misdirected entries, or entries that are irregular, have been submitted through illicit means or do not conform with or satisfy any or all conditions of these Rules and Regulations.

The Hardcore Bodybuilding Challenge is governed by the laws of the Province of Ontario. By entering the Hardcore Bodybuilding Challenge, Entrants agree:

All applicable federal, state/provincial and local laws and regulations apply. Winner is responsible for all federal, state/provincial and local taxes.  Sponsor accepts no responsibilities for any additional expenses, omissions, delays, re-routing or acts of any government or authority. 

Entrant is responsible for all online charges incurred by Entrant's Internet service provider ("ISP"). Promoters and Sponsor do not make any warranty, representation or guarantee, express or implied, in fact or in law, relative to the use of any prize, including, without limitation, quality, merchantability and fitness for a particular purpose. 

10. Personal Information:

Personal information that all Entrants and voters submit in connection with the Hardcore Bodybuilding Challenge will be collected and used by the Sponsor and their agents to administer the Hardcore Bodybuilding Challenge and to award prizes to winners. Personal information of Entrants and voters may also be used to send additional information about Sponsor, their affiliates and licensees, and each of their respective products and programs via electronic and ordinary mail. Except as set forth herein, an Entrant's or voter's personal information will not be used for any other purpose and will not be shared with anyone else unless required by law. 

11. Dispute

Entrants agree that any and all disputes that cannot be resolved with Sponsor, and causes of action arising out of or connected with the Hardcore Bodybuilding Challenge, shall be resolved individually, without resort to any form of class action, before a court of competent jurisdiction located in Ontario. IN ANY SUCH DISPUTE, ENTRANT SHALL NOT BE ENTITLED TO ANY PUNITIVE, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LAWYERS' FEES, OR ANY DAMAGES. YOU HEREBY WAIVE ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR INCREASED. The Hardcore Bodybuilding Challenge is provided "as is" without warranty of any kind, either express or implied.

12. Limitation of Liability

Sponsor is not responsible for any incorrect or inaccurate information, whether caused by Website users or by any equipment or programming associated with or utilized in the Hardcore Bodybuilding Challenge, or by any technical or human error that may occur in the processing of submissions to the Hardcore Bodybuilding Challenge, including but not limited to any misprints or typographical errors. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines, computer equipment, servers, providers, computer on-line systems, software, or failure of email on account of technical problems or traffic congestion on the Internet or at any website, including injury or damage to Entrant's or to any other person's computer related to or resulting from participating or uploading images or information in the Hardcore Bodybuilding Challenge.

13. Release of Liability & Accident Waiver

In consideration of the acceptance of submission of entry and participation in the Hardcore Bodybuilding Challenge and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Entrant agrees as follows:

Entrant is voluntarily participating in the Hardcore Bodybuilding Challenge.

Entrant is 18 years of age or older (or age of majority).

Entrant is of sound mind and body and has sought the advice of a qualified medical professional prior to participation in the Hardcore Bodybuilding Challenge.

Entrant possesses all rights necessary to execute, deliver and participate in the Hardcore Bodybuilding Challenge.

Entrant certifies that all photographs and video submitted for the Hardcore Bodybuilding Challenge will depict only Entrant, will not be altered in any manner whatsoever, will be owned by Entrant and not require the consent of any third party rights holder.

Entrant assumes the risk of illness, accidents, injury, death, personal injury, bodily harm, emotional stress, psychological harm, property damage and all dangers potentially arising from or in connection with their involvement or participation in the Hardcore Bodybuilding Challenge ("Hazards").

Entrant hereby consents to receive any medical treatment, which may be deemed advisable in the event of injury, accident, and/or illness during the Hardcore Bodybuilding Challenge.

Entrant hereby irrevocably grants Sponsor the perpetual, worldwide, royalty-free, sub-licensable, transferable right, license and privilege to: (i) photograph, film and otherwise make audio and visual records of Entrant and Entrant's voice, image and appearance in the Hardcore Bodybuilding Challenge ("Recordings"), (ii) quote all of or a portion of any statements that Entrant may make before, during or after the Hardcore Bodybuilding Challenge ("Statements"), (iii) publish, display and otherwise use Entrant's Image and ideas; and (iv) publish, exhibit, distribute, transmit, advertise, promote, commercially exploit and otherwise use any of the Recordings, Statements and/or Image in any and all media, now known or hereafter devised.

Entrant hereby irrevocably waives, releases, discharges and holds Released Parties harmless from and against any and all losses, liabilities, claims, costs, damages, demands and expenses (including but not limited to legal fees) arising from or in connection with any and all Hazards, whether occurring on or off the premises where the Hardcore Bodybuilding Challenge takes place and whether caused by the active or passive negligence of the Released Parties or otherwise, and all uses of the Recordings, Statements, Image, and/or ideas, including but not limited to any claims based on the right of privacy, the right of publicity, copyright, trademark, or any other right or privilege.

By submitting entry to the Hardcore Bodybuilding Challenge, Entrant acknowledges that this Release of Liability and Accident Waiver shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.

By submitting entry to the Hardcore Bodybuilding Challenge, Entrant acknowledges that nothing contained herein shall be deemed to obligate the Released Parties to photograph or otherwise reproduce Entrant's Image and ideas, or to make use of any of the rights granted herein.

By submitting entry to the Hardcore Bodybuilding Challenge, Entrant acknowledges and warrants that they have carefully read the Rules and Regulations, understand its contents including an assumption of the risk of the negligence of the Released Parties and a waiver and release of the liability of the Released Parties.

Entrant represents and warrants that neither the Entrant or their executors, administrators, agents, representatives, spouse, children, heirs, next of kin, successors, and assigns shall make or institute any lawsuit or claim any liability, in law or in equity, against any of the Released Parties with respect to any of the Hazards or Entrant's participation in the Hardcore Bodybuilding Challenge.

By entering the Hardcore Bodybuilding Challenge, Entrant acknowledges acceptance of these Rules and Regulations in their entirety.