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$25,000 Train with Team Gaspari Contest

Mar. 29, 2012

2012 TRAIN WITH TEAM GASPARI CONTEST
OFFICIAL RULES
NO PURCHASE NECESSARY
OPEN TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE 18 YEARS OF AGE AND OLDER AND WHO ARE PHYSICALLY LOCATED AND RESIDE IN THE UNITED STATES OR DISTRICT OF COLUMBIA.
VOID IN PUERTO RICO AND WHERE PROHIBITED
1. ELIGIBILITY: The 2012 Train with Team Gaspari Contest (the "Contest") is open to legal residents of the fifty (50) United States and the District of Columbia, who are 18 years of age and older and who are physically located and reside in the United States or District of Columbia at time of entry ("Eligible Participant"). Void in Puerto Rico and where prohibited. Employees, directors and officers, and their immediate families (spouse, parents, children, siblings, and their respective spouses), and their respective household members (whether related or not), of Gaspari Nutrition ("Sponsor"), its affiliates, subsidiaries, and divisions advertising and promotion agencies and Tenthwave Digital LLC, are not eligible to enter. Contest is subject to all applicable federal, state, and local laws. US law governs this Contest.
2. CONTEST TIMING: The Contest begins at 12:00:00 AM Eastern Time (ET) on March 26, 2012 and ends 11:59:59 PM ET on November 30, 2012 (the "Contest Period").
3. CONTEST DESCRIPTION: The Contest will be broken up into 3 segments: Segment 1, "Train with Ava Cowan or Ronda Rousey (Women)" will run from 12:00:00 AM ET on 3/26/12 through 11:59:59 PM ET on 5/31/12 ("Segment 1 Entry Period"); Segment 2, "Train with Flex Lewis or Rich Gaspari (Bodybuilding)" will run from 12:00:00 AM ET on 3/26/12 through 11:59:59 PM ET on 7/31/12 ("Segment 2 Entry Period"); and Segment 3, "Train with Brian Stann or Frankie Edgar (MMA)" will run from 12:00:00 AM ET on 3/26/12 through 11:59:59 PM ET on 9/30/12 ("Segment 3 Entry Period"). The Contest will ask Eligible Participants to submit an essay of 250 words or less explaining why they want to train with the trainer listed in each segment (the "Essay") during the respective Entry Period. The Contest will consist of three (3) Phases: During Phase 1, which will run during each Segment's Entry Period, Eligible Participants will have the opportunity to submit their Essay for consideration in the Contest. During Phase 2, which will run for fifteen (15) days after each respective Segment Entry Period ("Judging Period"), each Entry will be scored by a panel of judges and the top-scoring entry in each Segment will be declared a First Prize winner and will move on to Phase 3. Up to a maximum of three (3) (as determined by Sponsor) top-scoring entries (one (1) per Segment) will be declared First Prize winners (each such person a "First Prize winner"). The remaining five (5) top-scoring entries in each Segment will be declared Second Prize winners. During Phase 3, which will occur on or about (November 1, 2012), the three (3) First Prize winners t will be asked to describe in 250 words or less "what they took away from their training session and what would they do with the Grand Prize of $25,000 if they were to win?" The judges will score each essay based on the judging criteria stated below to determine one (1) Grand Prize winner. The Grand Prize winner will be announced on , November 30, 2012.
4. PHASE 1 - HOW TO ENTER: To enter the Contest, Eligible Participants must go to (www.facebook.com/gasparinutrition) (the "Website") and do all of the following during a Segment's Entry Period: (1) Complete and submit the Contest entry form by providing the information requested. Eligible Participants must acknowledge that they have read and agree to the Official Rules by checking the box that appears on the entry form. (2) In the space provided on the entry form, describe in 250 words or less why you want to train with the trainer listed in each Segment (the "Essay") (Contest entry form and Essay, collectively "the Entry") during the respective Entry Period. Eligible Participant's Entry must be in the English language. All components of an Entry must be submitted online in accordance with these Official Rules. Entry submitted for Segment 1 must be received by 11:59:59 PM ET on 5/31/12 in order to be eligible for the Segment 1 portion of the Contest. Entry submitted for Segment 2 must be received by 11:59:59 PM ET on 7/31/12 in order to be eligible for the Segment 2 portion of the Contest. Entry submitted for Segment 3 must be received by 11:59:59 PM ET on 9/30/12 in order to be eligible for the Segment 3 portion of the Contest. The Website's database clock will be the official timekeeper for the Contest. There is a limit of one Entry per person during the Contest Period. Subsequent entries submitted by an entrant during the Contest Period are void.

The Entry must be in keeping with the Sponsor's image, and may not be offensive, nor can it defame, or invade upon the publicity rights or privacy of any person or otherwise infringe upon any person or entity's intellectual property, personal or proprietary rights, as determined by Sponsor and the Contest judges in their sole discretion. Each Contest entrant must either (i) be the sole and exclusive owner of all rights (including, without limitation, all intellectual property rights) in and to all content and elements incorporated into or used in the Entry; or (ii) have the express written permission to use such content and elements from the owner(s) of the rights to such content and elements. Any entrant whose Entry includes likenesses of third parties or contains content or elements not owned by the entrant (such as, but not limited to, use of songs, proprietary names, trademarks, or logos) must be able to provide written legal releases (in a form that is satisfactory to Sponsor and the judges) that permit the entrant to use and exploit such content and elements in the manner used and exploited and that permit Sponsor's right to use and exploit the content and materials in accordance with these Official Rules ("IP Releases") before eligible to be declared a Finalist.

Contest entrants may use the Sponsor's name in their Entry in a descriptive manner. Use of Sponsor's logo or any intellectual property owned by Sponsor in Entry is prohibited

SPONSOR RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO DISQUALIFY ANY ENTRY THAT THE SPONSOR FEELS IS INAPPROPRIATE, OBJECTIONABLE AND/OR INCONSISTENT WITH THE POSITIVE IMAGE AND/OR GOOD WILL IT WISHES TO PROMOTE IN THIS CONTEST.

ALL ELIGIBLE PARTICIPANTS ACKNOWLEDGE AND AGREE THAT ALL ENTRY MATERIALS SUBMITTED IN CONNECTION WITH THIS CONTEST ARE SUBMITTED ON A NON-CONFIDENTIAL AND NON-PROPRIETARY BASIS AND MAY BE USED BY SPONSOR, ITS AGENTS AND SUBSIDIARIES, FOR ADVERTISING AND PROMOTIONAL PURPOSES.

Incomplete Entries or Entries not complying with these Official Rules are subject to disqualification. Entries that have been generated by a script, macro, bot or any other automated means will be deemed void. Sponsor is not responsible for late, lost, incomplete, illegible, damaged, or misdirected Entries. Sponsor's decisions are final on all matters relating to this Contest. If a dispute results as to the identity of an online entrant, it will be determined that the Entry was submitted by the authorized account holder of the email address from which the Entry is made. For these purposes, the authorized account holder is the natural person assigned to an e-mail address by an Internet access provider, on-line service provider or other organization responsible for assigning email addresses or the domain associated with the submitted email address.
5. PHASE 2 – JUDGING PERIOD: During the Judging Period for each Segment, all eligible entries will be judged by a panel of expert judges based on the following criteria: (i) Originality and Creativity – 50%; (ii) Clarity of Expression – 25%; (iii) Appropriateness to Contest Theme described in Section 4 Above – 25%. Judging will be performed by a panel of judges selected by the Sponsor in its sole discretion. The entrant with the top-scoring Entry in each Segment will be declared a First Prize winner and will move on to Phase 3. Up to a maximum of three (3) (one (1) First Prize winner per Segment), as determined by Sponsor, top-scoring entries will be declared First Prize winners (each such person a "First Prize" winner), subject to verification and compliance with these Official Rules. The remaining entrants with the five (5) top-scoring Entries in each Segment will be declared Second Prize winners, subject to verification and compliance with these Official Rules. Becoming a prize winner is subject to validation and verification of eligibility and compliance with all terms and conditions set forth in these Official Rules. In the event of a tie, the Entries involved in the tie will be reviewed by an additional judge who will serve as a tiebreaker and who will evaluate Entries according to the criteria listed above. Decision of judges is final and binding on all matters relating to this Contest. First and Second Prize Winners will be determined on or about 10/15/12.
6. FINALIST NOTIFICATION: Potential prize winners in each Segment will be notified within fifteen (15) days after the Entry Period of each Segment by U.S. mail and/or overnight mail and/or email and/or telephone using the contact information provided at the time of entry. Potential winners may be required to provide copies of Intellectual Property (IP) Releases (if applicable) and will be required to sign an affidavit of eligibility and liability release and, where legal, a publicity release and a federal and state tax release and return same, properly executed, within 48 hours via fax and within five (5) days of issuance of notification via regular U.S. Mail. Failure to return any or all documents fully-executed within the specified time period, or if any notification is returned as undeliverable, will result in disqualification and a runner-up may be selected. If an entrant changes his/her telephone number, email address and/or street address after he/she enters the Contest, it is his/her sole responsibility to notify the Sponsor by postal mailing to Sponsor's address (listed below) to be received by the end of the respective Entry Period.
7. PHASE 3 – DETERMINATION OF GRAND PRIZE WINNER: During this Phase which will occur after 11/17/12, the three (3) First Prize winners will be asked to describe in 250 words or less "what they took away from their training session and what they would do with the Grand Prize of $25,000 if they were to win?" Essays will be due on 11/24/12 and should be sent to; dragonslayer@gasparinutrition.com. The judges will judge each essay submitted by a First Prize winner based on the following criteria: (i) Originality – 50%; (ii) Clarity of Expression – 25%; (iii) Appropriateness to Contest Theme described in this Section 7 – 25%. The First Prize winner whose Entry receives the highest score will be deemed the Grand Prize winner, subject to verification and compliance with these Official Rules. Winning a prize is subject to validation and verification of eligibility and compliance with all terms and conditions set forth in the Official Rules. Winner will be notified via U.S. mail and/or overnight mail and/or email and/or telephone. In the event of a tie, the entries involved in a tie will be reviewed by an additional judge appointed by the Sponsor, in its sole discretion, who will serve as a tie-breaker and who will evaluate the tied entries according to the judging criteria listed above. The Grand Prize winner will be announced on or about December 15, 2012.
8. PRIZES: One (1) Grand Prize: $25,000 to be awarded in the form of a check. Approximate Retail Value (ARV): $25,000. Three (3) First Prizes (one (1) First Prize per Segment): Segment 1: Train with Brian Stann or Frankie Edgar (MMA); Segment 2: Train with Flex Lewis or Rich Gaspari (Bodybuilding); Segment 3: Train with Ava Cowan or Ronda Rousey (Women). Each First Prize includes A 3-day, 2-night trip for the winner to train with one of the trainers referenced in one of the above Segments plus an autograph and photo session, round-trip, coach class air transportation for a First Prize winner from a major airport nearest to winner's home, hotel accommodations (double occupancy), $500 spending money to be awarded in the form of a check, plus a one-year supply of Peak Performance Stack (SuperPumpMax, Anavite, MyoFusion Probiotic Series). One year supply of Peak Performance Stack is equivalent to [12 –Anavite, 12-SuperPumpMax, 12-MyoFusion Probiotic Series 2lbs.]. ARV: $1,913/each. Training dates to be determined solely by the Sponsor. Fifteen (15) Second Prizes (Five (5) Second Prizes per Segment): Segment 1: Autographed MMA gloves from either Brian Stann or Frankie Edgar (MMA). ARV: $200/each. Segment 2: Autographed weight training belt from Train with Flex Lewis or Rich Gaspari (Bodybuilding). ARV: $200/each. Segment 3: Autographed weight training belt from Ava Cowan or autographed MMA gloves from Ronda Rousey (Women). ARV: $200/each. Total ARV of all prizes: $31,763.

All taxes and any other costs not specifically stated within these Official Rules are the sole responsibility of a winner. Prizes may not be transferred, substituted or redeemed for cash, except at the Sponsor's sole discretion. Sponsor reserves the right to substitute a prize of comparable or greater value if advertised prize is unavailable at the time the prize is awarded. Any and all guarantees and warranties on merchandise prizes are subject to the manufacturers' terms and conditions, and winners agree to look solely to such manufacturers for any such warranty or guarantee claim. All prizes claimed will be awarded. If winner is 18 years of age and deemed a minor in his/her state or place of residence, prize will be awarded in the name of a parent or legal guardian. Allow 6-8 weeks for delivery of prize. Limit one prize per person/email address.

Travel Restrictions A First Prize Winner must be able to travel on dates specified by Sponsor or prize will be forfeited and an alternate winner may be selected. A winner must sign a travel release prior to traveling. Trip is subject to air/hotel availability and confirmation of reservations; certain travel restrictions and blackout dates may apply. The trip may not be combined with any other offer. Airline and flight times to be selected by Sponsor at its sole discretion. One or more stopovers may be required on air transportation. A winner must travel together at the same time on the same itinerary. Air transportation, if applicable, and hotel accommodations must be taken together and cannot be taken separately. All travel arrangements must be made through Sponsor's agent on a carrier of Sponsor's choice. Once trip dates have been booked, no change, extension or substitution of trip dates is permitted, except at Sponsor's sole discretion. A First Prize Winner must confirm available travel dates and flight times selected by the Sponsor at least two (2) weeks prior to travel dates. No extension or change of trip dates permitted. Sponsor will not replace any lost or stolen tickets, travel vouchers, certificates or similar items once they are in a winner's possession. If a First Prize winner lives within 100 miles of prize destination city, the air transportation portion of the prize will not be awarded and ground transportation will be substituted and no additional compensation will be provided. A First Prize winner must possess valid ID and is solely responsible for obtaining all necessary and required travel documents (passport, etc.) in order to travel. Sponsor, its affiliates, subsidiaries, divisions, advertising and promotion agencies, and Tenthwave Digital LLC ("Contest Entities") shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels or other transportation companies or any other persons providing any of these services and accommodations to passengers including any results thereof such as changes in services or accommodations necessitated by same. Contest Entities shall not be liable for any loss or damage to baggage. All airline tickets issued in conjunction with prize are not eligible for frequent flyer miles. Prize components cannot be used in conjunction with any other promotion or offer, and no portion may be separated except at Sponsor's sole discretion. Prize conditions may be added or modified by companies providing those portions of the prize. Prize restrictions/conditions stated herein are not all-inclusive and may be subject to additional restrictions/conditions, which may be stated in the affidavit and release and/or prize travel documents. Costs for room and tax only based on one room with double occupancy; meals, telephone calls and other incidentals are not included.
9. GRANT OF LICENSE: By entering the Contest, entrants grant Sponsor, its agents, subsidiaries and affiliates (the "Licensees") a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, database rights and any other rights entrant has in the Entry, in any media now known or hereafter devised (including without limitation, the internet), without any compensation. Further, by entering the Contest, entrant grants Licensees the additional license to modify, adapt, translate, create derivative works from, and distribute the Entry (with the understanding that Licensees are under no obligation to do so), or incorporate the Entry into any form, medium or technology, including the right, at each Licensee's sole discretion, to publish the Entry and to use the Entry for advertising and promotional purposes. Licensees shall not be required to designate entrant as the creator or author of Entry that is distributed or otherwise exploited by Licensees, or include any references to entrant on, or in connection with, any Entry that is distributed or otherwise exploited by Licensees.
10. By submitting a Contest Entry, Contest entrant acknowledges and agrees that Sponsor may obtain many Contest Entries in connection with this Contest and/or other contests staged and/or promoted by the Sponsor, and that such Contest Entries may be similar or identical in theme, idea, format or other respects to other Contest Entries submitted in connection with this Contest and/or other contests sponsored by the Sponsor or submitted for other reasons or other materials developed by the Sponsor. Entrant waives any and all claims entrant may have had, may have, and/or may have in the future, that any Contest Entry and/or other works accepted, reviewed and/or used by the entrant may be similar to his/her Contest Entry, or that any compensation is due to entrant in connection with such Contest Entry or other works used by Sponsor. By submitting a Contest Entry, entrant hereby grants permission for the Contest Entry to be posted on the Sponsor's website or other websites. Contest Entrant agrees that Releasees are not responsible for any unauthorized use of Contest Entries by third parties. Released Parties do not guarantee the posting of any Contest Entry.
11. REPRESENTATIONS AND WARRANTIES: Each entrant represents and warrants that: 1) he/she is the original author and creator of the Entry and that the Entry complies with these Official Rules; 2) the Entry is original, has not been previously published and has not previously won any award or Contest; 3) the Entry does not and will not infringe any third party's copyright, patent, trademark, trade secret or other intellectual property or proprietary rights or rights of publicity or privacy; 4) that the Entry is not the subject of any actual or threatened litigation or claim; 5) the Entry is not obscene, offensive, libelous, pornographic, threatening, abusive, contain illegal content, or otherwise objectionable; 6) the Entry does not encourage a criminal offense or otherwise give rise to liability or violate any law; 7) the Entry does not display any logos or trademarks not owned by the Entrant; 8) the Entry does not include any disparaging remarks relating to the Sponsor or any 3rd Party. Entrant acknowledges that nothing herein shall constitute an employment, joint venture, or partnership relationship between entrant and Sponsor. In no way is entrant to be construed as the agent or to be acting as the agent of Sponsor in any respect.
12. ADDITIONAL CONDITIONS OF PARTICIPATION: By entering, entrants (their parents/legal guardians if applicable) agree to be bound by these Official Rules including all eligibility requirements. Sponsor will collect information from the entrant solely for the purpose of administering the Contest and to notify the winners. Sponsor will not share this information with any third parties, except as necessary for the administration of the Contest, unless participant agrees or has agreed to receive future information from the Sponsor. Sponsor's use of information submitted by entrants in connection with this Contest will be subject to the terms and conditions stated in these Official Rules as well as to the Sponsor's Privacy Policy available at - http://www.gasparinutrition.com/about/privacy.aspx. Entries that have been generated by a script, macro, bot or any other automated means will be deemed void. By accepting a prize, Winners (their parents/legal guardians if applicable) consent to the use of their names, images, likenesses, photos, voices, entry submissions and biographical materials for advertising, publicity, and promotional purposes by Sponsor, or a party designated by the Sponsor, including but not limited to, any online announcements, without additional notice or compensation, except where prohibited by Sponsor's Privacy Policy or by law. All materials submitted in connection with the Contest will not be returned. Entrants agree to abide by the terms of these Official Rules and the decisions of the judges and Sponsor, which are final, and waive any right to claim ambiguity in these Official Rules. Entrants agree that any and all disputes shall be governed by the laws of the State of New Jersey.
13. LIMITATION OF LIABILITY: ENTRANTS HEREBY AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS SPONSOR, TENTHWAVE DIGITAL LLC AND EACH OF THEIR AFFILIATES, SUBSIDIARIES, DIVISIONS, ADVERTISING AND PROMOTION AGENCIES, EMPLOYEES, OFFICERS, DIRECTORS AND SHAREHOLDERS (COLLECTIVELY, THE "RELEASEES") FROM ANY CLAIMS, ACTIONS, INJURY, LOSS OR DAMAGE OF ANY KIND, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY OR DEATH, RESULTING FROM PARTICIPATING IN THIS CONTEST, OR FROM THE ACCEPTANCE, POSSESSION, OR USE OR MISUSE OF ANY PRIZE AWARDED OR PARTICIPATION IN ANY PRIZE-RELATED ACTIVITY. THIS LIMITATION OF LIABILITY IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; LOSS OF DAMAGE TO PROPERTY; AND CLAIMS OF THIRD PARTIES. PARTICIPANTS AGREE THAT SPONSOR HAS NOT MADE NOR IS IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION, OR GUARANTEE, STATUTORY, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE), IN FACT OR IN LAW, RELATIVE TO THE CONTEST OR ANY PRIZES AWARDED HEREIN. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SPONSOR DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO SPONSOR'S WEBSITE AND SPONSOR SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATED THERETO. Releasees are not responsible for lost, late, illegible, damaged or stolen entries or submissions, or problems of any kind, whether mechanical, human or electronic. Releasees are not responsible for technical, hardware or software malfunctions, telephone failures of any kind, lost or unavailable network connections, inability to access a website or submit an Entry, fraud, incomplete, garbled, or delayed computer transmissions or inaccurate transcription of entry information, whether caused by the Sponsor, users or by any of the equipment or programming associated with or utilized in this 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 a participant's ability to participate in the Contest. Entry materials or votes that have been tampered with or altered are void. Sponsor reserves the right, in its sole discretion, to cancel or suspend part or all of this Contest at any time without notice, if in the judges' opinion there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Contest, or if virus, bugs, non-authorized human intervention or other causes corrupt or impair the administration, security, fairness or integrity and proper play of the Contest. In such event, Sponsor may void any entries they suspect are at issue and award prizes from among all eligible entries received up to the date of cancellation. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY ONLINE SERVICE RELATED TO THIS CONTEST OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEY'S FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. Sponsor reserves the right to disqualify entrants who violate the rules or interfere with this Contest in any manner. If an entrant is disqualified, Sponsor reserves the right to terminate that entrant's eligibility to participate in the Contest. Any attempts by an individual to access any website associated with this competition via a bot script or other brute force attack or any other unauthorized means will result in the IP address becoming ineligible. Use of automated entry devices or programs is prohibited.
14. DISPUTES: Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the participant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of New Jersey, without giving effect to any choice of law or conflict of law rules (whether of the State of New Jersey, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New Jersey.
15. WINNERS' LIST: For the names of the winners, available after 12/31/12 go to (gasparinutrition.com/winners).
16. SPONSOR & ADMINISTRATOR: The Sponsor of this Contest is Gaspari Nutrition, 575 Prospect St. Suite 230, Lakewood, NJ 08701. Administrator: Tenthwave Digital LLC, 35 Pinelawn Road, Suite 207W, Melville, NY 11747.

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