Rules - Men's Health: Ultimate Guy Search 2022

THE INFORMATION YOU PROVIDE TO MEN’S HEALTH MAGAZINE, AND ITS AGENCIES MAY BE USED FOR ADVERTISING AND PROMOTIONAL PURPOSES WITHOUT ADDITIONAL COMPENSATION OR CONSENT, UNLESS PROHIBITED BY LAW.

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING

1. HOW TO ENTER: Men’s Health Ultimate Guy Search (the “Contest”): Beginning March 21, 2023 at 12:00:01 AM (ET) through June 30, 2023 at 11:59:59 PM (ET) (the “Entry Period”), go to www.menshealthguysearch.com on a computer or wireless device and visit the Website (www.menshealthguysearch.com), follow the instructions, and perform all of the following: (you can nominate yourself or nominate a person you know) (i) fill out all the required fields on the entry form, including, but not limited to, first and last name of the applicant (who is either entering himself or being nominated by someone), complete home address, daytime telephone number (including area code), email address, and any other information requested (the “Entry Form”); (ii) completely answer (in essay format), within in the fields provided on the Entry Form, the following four (4) questions in 100 words or less for each question: (A) How does the applicant continuously strive for physical and mental fitness (25%); (B) How does the applicant maintain a healthy lifestyle (25%); (C) How does the applicant give back to his community, family, friends, and/or society (25%); and (D) How does the applicant demonstrate dedication to a specific activity, cause, profession, or other pursuit (25%)? (collectively the “Essay”); and (iii) photograph or have photographed up to three (3) digital photographs of the applicant’s face and full body, and upload the photos of the applicant’s face and body to the Website by following the instructions (“Photos”). The Entry Form, Essay and Photos are collectively referred to as the “Entry” or “Entries.” After completing all of the above, submit your Entry into the Contest by following the instructions on the Website. Eligible Participants submitting an Entry are referred to individually as the “Entrant” and collectively as the “Entrants.” ALL ENTRIES MUST BE RECEIVED BY 11:59:59 P.M. ET, ON June 30, 2023.

- ENTRY Requirements: Entries that are forged, altered, mechanically reproduced, or generated by any devices, macros, bots, and/or other programs and/or software and/or any automated means or mechanisms will not be accepted and will be void. Use of any automated system, software, techniques, or practices to participate is prohibited and will result in disqualification and all such Entries will be deemed void. If you enter using a mobile device, standard data charges may apply from your carrier. Entries will not be acknowledged or returned. Limit of one (1) Entry per person/Eligible Participant and per email address throughout the Entry Period. Entries by the same person in excess of the limits stated herein will be disqualified. Entries submitted to the Website will be deemed to have been submitted by the authorized account holder of the email address submitted at the time of entry into the Contest. “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 organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.

All Entries must be consistent with Sponsor’s and any Advertising Sponsors’ image and reputation. Entries cannot, as determined by Sponsor within its sole and absolute discretion: (i) be offensive, obscene, or inappropriate; (ii) be sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group, or pornographic, contain nudity or any dangerous activity; (iii) include any trademarks, service marks, logos, or copyrights or other materials not owned by the Eligible Participant or used without the owner’s permission (such permission in a form acceptable to Sponsor, if requested); (iv) use another person’s name, image, likeness, or other identifiable feature without such person’s permission in a form acceptable to Sponsor, if requested; (v) include any celebrities or public figures; (vi) contain profanity, sexual content; content promoting alcohol, illegal drugs, tobacco, firearms, or weapons, hateful content of any kind (including racism, sexism, etc.), or that promotes violence, hate, or harm to another or any animal, or any other offensive, obscene, or inappropriate content; (vii) defame, slander, misrepresent, or contain disparaging remarks about other people, companies, or businesses including, but not limited to Sponsor or Advertising Sponsors; (viii) make threats of any kind, harass, bully or intimidate another; (ix) contain materials personifying the names, likenesses, photographs, or other identifying elements of any person, living, or dead without permission in a form satisfactory to Sponsor, if requested; or (x) violate any applicable federal, state or local laws. Important Notice: You may be charged for visiting the mobile website in accordance with the terms of your service agreement with your carrier. Please consult your wireless service provider regarding your pricing plan. You must use a Smartphone device to participate via your mobile phone. Not all mobile phone providers carry the necessary service to participate. Check your phone capabilities for specific Internet instructions. If your data usage exceeds what is allotted by your data plan, you could be subject to additional fees by your carrier. Please contact your mobile service provider with any questions regarding your bill.

Winner Selection: All entries will be judged by a panel of Men’s Health magazine editors, and at Sponsor’s discretion, additional panelists whose decisions are final. All finalists will be judged by a panel of Men’s Health magazine editors, and at Sponsor’s discretion, additional panelists to be determined by Sponsor (collectively “Judges”) in its sole discretion. All phases will be judged on the following criteria: the Entry and Entrant that best exhibits the qualities of “The Men’s Health Ultimate Guy” (the “Judging Criteria”). “The Men’s Health Ultimate Guy” is defined as a male who: (i) continuously strives for physical and mental fitness (25%); (ii) maintains a healthy lifestyle (25%); (iii) gives back to his community, family, friends, and/or society (25%); and (iv) demonstrates dedication to a specific activity, cause, profession, or other pursuit (25%). In the event of a tie, the person who scores higher for the criteria “maintains a healthy lifestyle,” will be named the Winner.

1.2 JUDGING PHASES: The selection process for the Semifinalists, Finalists, and Winner of the Contest during the applicable Contest Phase will involve the following:

Phase One: During Phase One (July 5, 2023 to July 26, 2023, or such other dates as determined by Sponsor within its sole and absolute discretion), the Judges will, from among the Entries received, select 10 Semifinalists of the Contest based on the Entries that best satisfy the Judging Criteria, as determined by the Judges within their sole and absolute discretion (the “Semifinalists”). Entries will be judged and selected based on the Judging Criteria.

Relevant portions of the Semifinalists’ Entries may be, but are not required to be, profiled on the Website, and may be featured on MensHealth.com in addition to the Website (www.menshealthguysearch.com), as determined by Sponsor within its sole and absolute discretion. Entrants selected as Semifinalists will be notified by Sponsor via a posting of the Semifinalists on the Website and/or an email based on the email address of the Entry.

Optional Video: During Phase One, Sponsor may, within its sole and absolute discretion, contact certain Semifinalists via email, using the email address included on his Entry Form, requesting such Entrant to do the following within forty-eight (48) hours after receiving a request from Sponsor: (A) film, videotape, or record or have filmed, videotaped, or recorded in video format Semifinalist answering, in up to one (1) minute in duration, one (1) or more questions asked by Sponsor within its sole and absolute discretion (the “Video”); (B) upload the Video to YouTube.com as a private video, as instructed on www.youtube.com (and subject to YouTube’s terms and conditions at www.youtube.com); and (C) send to Sponsor by email at UltimateGuySearch@menshealth.com, along with such Semifinalist’s name and a link to the Video on YouTube. Semifinalist will not necessarily advance to the next Contest Phase by submitting a Video. Any Videos submitted may appear on the Website and/or MensHealth.com, and/or on any Advertising Sponsors’ websites or publications and/or be used as provided for in the Official Rules.

Phase Two: During Phase Two (July 31, 2023 to August 18, 2023 or such other dates as determined by Sponsor within its sole and absolute discretion), the Judges, in consultation with a panel consisting of Men’s Health editors and/or, if applicable, a representative from Advertising Sponsors and/or such other individuals as determined by Sponsor within its sole and absolute discretion (“Panel”), will review all Semifinalist Entries, and the Judges will conduct telephone interview(s) of the Semifinalists. The Judges may also request that Semifinalists participate in any additional Screenings or provide any additional information or documentation, and Semifinalists who do not participate in any such additional Screenings and/or provide any such additional information or documentation requested by Sponsor are subject to disqualification. The Judges and the Panel will debate and discuss the Semifinalist Entries. However, the Judges – the editors of Men’s Health – shall have the final and binding authority within their sole and absolute discretion to select from among the Semifinalists Entries, three (3) finalists of the Contest based on the Semifinalists Entries that best satisfy the Judging Criteria with consideration of the results of the telephone interviews of the Semifinalists and the Screenings (the “Finalists”). On or about August 18, 2023, or such other dates as determined by Sponsor within its sole and absolute discretion, Sponsor will notify those Semifinalists who were selected as potential Finalists by Zoom, Facetime or similar communication from an Editor of Men’s Health. All Finalists and Semifinalists will continue to be bound by all the legal duties and obligations under the Affidavit and Release (defined below), including the Confidentiality Agreement, and all Semifinalists shall be required, if requested by Sponsor, to sign a further confidentiality agreement, Affidavit and Release, or any further agreements, all containing terms and conditions required by Sponsor, and shall be prohibited from making any disclosures concerning the Contest and any Finalists selection or Semifinalists not selected as a Finalist. A failure by any Finalist to comply with the foregoing shall disqualify such Finalist from the Contest. To move to Phase Three, the Finalists must sign and return to Sponsor any additional Confidentiality Agreement and any additional Affidavit and Release, and shall participate in any further interviews or additional Screenings and/or provide any information or documentation, as requested by Sponsor within its sole and absolute discretion. After complying with all of the foregoing and successful Screenings, as determined by Sponsor within its sole and absolute discretion, a potential Finalist will become an official Finalist and can proceed to participate in Phase Three. In the event: (i) a potential Finalist cannot be reached for whatever reason after attempting to contact the potential Finalist two (2) times; (ii) of noncompliance with the above or within any of the aforesaid time periods; (iii) a potential Finalist is found to be ineligible to enter the Contest or receive the Winner Prize; (iv) a potential Finalist cannot or does not comply with the Official Rules; or (v) any notifications or agreements are returned as undeliverable for whatever reason, the potential Finalist may be disqualified from the Contest and an alternate potential Finalist may be selected, at Judges’ sole discretion, from among the other Semifinalists. Finalist selection is under the supervision of the Judges whose decisions are final and binding in all respects.

Phase Three: During Phase Three (August 21, 2023 and ending on or about August 24, 2023 or such other dates as determined by Sponsor within its sole and absolute discretion), the Finalists shall have the opportunity to: participate in photo and/or video shoot(s); perform, participate in and complete fitness workout(s) requested by Sponsor, with Sponsor and/or Advertising Sponsor’s representatives, which activities will be photographed, videotaped or otherwise recorded, including use on social media, streaming services, or otherwise at Sponsor’s sole discretion, and may, in Sponsor’s sole discretion, appear on the cover of Men’s Health magazine; participate in other activities, including on social media, streaming services, or otherwise at Sponsor’s sole discretion; and participate in-person interview(s) with the Judges, Sponsor and/or, if applicable, Advertising Sponsors (collectively, the “Finalist Event”) in New York, New York or such other location(s) as determined by Sponsor within its sole and absolute discretion (“Finalist Event Location”). Failure to participate in any activity when requested may result in disqualification. All Finalists will be solely responsible for complying with any COVID guidelines or requirements imposed on Sponsor or otherwise as it related to the Sweepstakes, including that all Finalists must be fully vaccinated per then-current CDC Guidelines in order to participate in any Finalist Event. In connection with the Finalist Event, each Finalist may, in Sponsor’s sole discretion, as a requirement of Sponsor (and not part of the Contest prize) receive one (1) trip to the Finalist Event Location during Phase Three to participate in the Finalist Event, comprising the following: (i) economy class round-trip airfare for the Finalist from a major commercial airport closest to the Finalist’s residence to/from a major commercial airport in or near the Finalist Event Location, the cost of which will be at Sponsor’s sole discretion; (ii) up to three (3) nights stay with standard hotel accommodations for Finalist at a hotel selected by Sponsor in or near the Finalist Event Location, the selection and cost of which shall be determined by Sponsor within its sole and absolute discretion; and (iii) up to a $500.00 check, which the Finalist may use for meals or other incidental expenses, however, if Sponsor arranges for those expenses to be paid during the trip, Finalist will receive the difference between what Sponsor already paid and Finalist’s out-of-pocket expenses, up to a total of $500 (for the avoidance of doubt, if Sponsor incurs expenses of $400 on behalf of a Finalist and the Finalist incurs additional expenses of $150, Sponsor will reimburse Finalist ($100). In the event a Finalist lives within 250 miles of the Finalist Event Location, Sponsor may, as decided within its sole and absolute discretion, provide alternative travel arrangement in lieu of air transportation. Travel must be booked by the dates identified by Sponsor to Finalist and travel must occur during Phase Three. In the event a Finalist is not available to travel to the Finalist Event Location for the entire Finalist Event during Phase Three, such Finalist will forfeit his title as Finalist and right to participation in Phase Four and the Contest, and the Judges reserve the right, within their sole and absolute discretion, to select an alternate Finalist. Only electronic airline tickets will be issued, if available. Prior to travel, Finalists may be responsible for obtaining the proper travel documentation (e.g., passports). Finalists hereby releases Sponsor from any duty to provide, check or verify any and all necessary passports, visas and tourist cards, birth certificates, vaccination certificates and any other travel or entry requirements (“Personal Documents”). Sponsor shall not have any responsibility for the replacement of lost or stolen Personal Documents or tickets, coupons, vouchers, receipts, or other documents pertaining to the Contest (“Travel Documents”) once the Travel Documents have been provided to the Finalist. Dates of travel are subject to change at Sponsor’s sole discretion. All other expenses not specifically listed herein are solely the Finalist’s responsibility including, but not limited to, costs above the stated values, sales taxes, gratuities, meals, ground transportation to/from Finalist’s residence to/from airport, and all incidental expenses. Any federal, state, and local taxes are the sole responsibility of the Finalist. No transfer, refund, substitution, or replacement permitted.

Phase Four: During Phase Four (September 11, 2023 to September 29, 2023, or such other dates as determined by Sponsor within its sole and absolute discretion), the Judges and the Panel will debate and discuss the Finalist Entries and interviews. However, the Judges – the editors of Men’s Health – shall have the final and binding authority, within their sole and absolute discretion, from among the Finalists, to select the one (1) winner of the Contest based on the Finalist’s satisfaction of the Judging Criteria, all as reflected in the Finalist Entry and results of the in-person interviews of the Finalists by the Judges (the “Winner”). In the event of a tie, the person who scores higher for the criteria “maintains a healthy lifestyle,” will be named the Winner. Sponsor will determine the Winner during Phase Four (September 11, 2023 to September 29, 2023), or such other dates as determined by Sponsor within its sole and absolute discretion). The Judges shall have the sole and absolute discretion in selecting the Winner of the Contest. Sponsor may, in Sponsor’s sole discretion, announce the Winner of the Contest on a national and/or live television program and/or other means of notification/announcement as determined by Sponsor within its sole and absolute discretion (“Winner Event”). Simultaneously with the announcement, Sponsor will notify the Winner in-person (including via on-air broadcast at the Sponsor’s discretion) or by email or telephone, using the information most recently bv the Finalist, that he was selected as the potential Winner (“Winner Notification”), subject to any further Screenings, interviews, and/or additional information or documentation Sponsor may require. To participate as the Winner and receive the Winner Prize, the Winner shall be required to sign and return to Sponsor an exclusive Publicity Release, Participation, Talent and/or Video Agreement, as well as other forms, documents, and agreements required by Sponsor and/or any Advertising Sponsors, including, but not limited to, a talent management contract, content agreement, and/or merchandising/endorsement contract, all in the forms satisfactory to Sponsor within its sole and absolute discretion, including a non-competition provision, non-solicitation provision, exclusivity provision, and exclusive right of first negotiation and/or right of first refusal, and revenue or profit sharing from any endorsements or sponsorships, all under terms and conditions required by Sponsor (collectively, the “Winner Agreements”), within fourteen (14) business days from Winner’s receipt of the Winner Notification. HOWEVER, SPONSOR SHALL DECIDE, IN ITS SOLE DISCRETION, WHAT WINNER AGREEMENTS, IF ANY, IT NEEDS AND/OR WISHES TO ENTER INTO WITH WINNER. Any selected Winner who does not sign the Winner Agreements, provide other documents or information and/or participate in any Screenings will be disqualified and Sponsor reserves the right to select an alternate Winner from among the remaining Finalists. In the event: (i) the potential Winner cannot be reached for whatever reason after attempting to contact the potential Winner; (ii) potential Winner is found to be ineligible to enter the Contest or receive the Winner Prize; (iii) potential Winner cannot or does not comply with the Official Rules; (iv) the potential Winner Notification or Winner Agreements are returned as undeliverable for whatever reason; or (v) potential Winner fails to fulfill the Winner Agreements-related obligations, the potential Winner may be disqualified from the Contest and an alternate potential Winner may be selected, at the Judges’ sole discretion, from among the other Finalists. Winner selection is under the supervision of Judge, whose decisions are final and binding in all respects.

By participating in the Contest, each Entrant certifies that his Entry is original, has not been previously published or won any award, and does not contain any material that would violate or infringe upon the rights of any third party, including copyrights, trademarks or rights or privacy or publicity. Sponsor reserves the right in its sole and unfettered discretion to disqualify any entry that it believes contains obscene, offensive, or inappropriate content, that does not comply with these official rules or that is not consistent with the spirit or theme of the contest. Prize & Approximate Retail Value: One (1) Winner(s) will receive a $1,000.00 check and the opportunity for an appearance of Winner’s Likenesses as depicted in photos selected by Sponsor from the photo and/or video shoot(s) during Phase Four for the Finalist Event, at Sponsor’s sole discretion, in or on the cover of an issue of Men’s Health magazine, tentatively scheduled for December 2023, but subject to change, at Sponsor’s sole discretion, and/or the Website, and/or www.menshealth.com, such determination (including the type or nature of the cover, if applicable) to be made in Sponsor’s sole and absolute discretion (the “Winner Prize”). No guaranty is made that any photo will appear on any cover, or that any public announcement of a Winner will occur if the quality of the Entries received does not merit such publicity, as determined by Sponsor in its sole discretion. Total ARV: $1,000. Any federal, state, and local taxes on the Winner Prize are the sole responsibility of the Winner. Winner, if a US taxpayer, may be sent an IRS Federal 1099-MISC tax form for the retail value of any Winner Prize at or above $600; any foreign Winner’s prize is subject to applicable U.S. withholding taxes.

Winner Name: For the name of the Winner, send a separate self-addressed, stamped envelope to Men’s Health, Ultimate Men’s Health Guy Search Winner List, Hearst Magazines, Inc., 300 West 57th Street NY, NY 10019 by December 31, 2023.

ENTRIES: Entries become the property of the Sponsor and will not be returned. Proof of submission does not constitute proof of receipt. If applicable, lost, late, misdirected, or incomplete or entry forms that have been tampered with will be disqualified.

ELIGIBILITY: To be eligible to submit an Entry, participate in the Contest and win the Winner Prize (as stated in Official Rules), you must: (i) be male; (ii) be physically fit; (iii) be a legal resident of one of the 50 United States or District of Columbia, or Canada, EXCLUDING RESIDENTS OF GUAM, PUERTO RICO, U.S. VIRGIN ISLANDS, AND ALL OTHER U.S. TERRITORIES AND POSSESSIONS, PROVINCE OF QUEBEC, AND ALL OTHER COUNTRIES, TERRITORIES OR POSSESSIONS (“Geographical Area”); (iv) be at least eighteen (18) years of age or older; (v) be able, if selected as a Finalist, to travel to New York, New York, or such other city in Sponsor’s sole discretion to participate in the Finalist Event during Phase Three (on or about August 21, 2023 to on or about August 24, 2023 or such other dates as determined by Sponsor within its sole and absolute discretion) and be able, if selected as the Winner, to travel to New York, New York to participate in the Winner Event during Phase Four (on or about September 11, 2023 to on or about September 29, 2023 or such other dates as determined by Sponsor within its sole and absolute discretion); (vi) not have been charged or convicted of any state or federal crime nor engaged in any conduct of moral turpitude; (vii) submit an Entry that complies with all Entry Requirements, is complete and contains truthful and accurate information, statements, or materials, and does not contain any false or misleading information, statements or materials; (ix) not be an employee of Sponsor or any Advertising Sponsors, and/or have, within one year prior to the start date of the Contest Period, performed services for Sponsor or any Advertising Sponsors or any of their respective subsidiaries, affiliates and successor companies or any organizations responsible for fulfilling, administering, advertising or promoting the Contest or supplying any prize, and the immediate family and Household Members of such individual; (x) agree to and fully comply with the Official Rules; and (xi) agree to fill out, sign/execute and agree to all of the terms and conditions of Sponsor’s required forms and agreements, including, but not limited to, Affidavit and Release, Affidavit Materials,, confidentiality agreements, and the Agreements (collectively, the “Eligible Participant” or “Eligible Participants”). “Household Members” shall mean people who share the same residence at least three months a year, whether related or not. The Contest is only open to Eligible Participants, as determined by Sponsor within its sole and absolute discretion. By entering into the Contest, you agree to be bound by the decisions of Judges, whose decisions shall be binding and final in all respects. Winning the Winner Prize is contingent upon fulfilling all requirements in these Official Rules.

CONTEST Requirements: The requirements of all Entrants, including the Semifinalists, Finalists, and the Winner, to advance in the Contest and be named as a Semifinalist, Finalist, or the Winner, are as follows (the “Contest Requirements”):

4.1 Interviews and Screenings: By entering and participating in the Contest, all Entrants, including Semifinalists, Finalists, and Winner agree to participate in interviews with the Judges. In addition, all Entrants, including Semifinalists, Finalists, and the Winner, agree to provide any additional information or documentation and/or undergo any screenings requested by Sponsor within its sole and absolute discretion, including, but not limited to, a criminal background check, background check and/or personal records check (“Screenings”). Sponsor reserves the right to disqualify, such determination made in Sponsor’s sole and absolute discretion, any Entrant, Semifinalist, Finalist, or Winner based on the results of the Screenings, including in the event of any criminal complaints, charges, and/or convictions or sentencings, or other activity that could be harmful to Sponsor’s business or reputation. DO NOT ENTER THE CONTEST IF YOU DO NOT AGREE TO PARTICIPATE IN INTERVIEWS WITH THE JUDGES AND/OR SCREENINGS.

4.2 Morals: By entering and participating in the Contest, each Entrant, Semifinalist, Finalist or Winner agrees that should they, prior to or during or after the Contest Period, fail, refuse or neglect to govern or conduct himself with due regard to social conventions and public morals and decency, or commit or be accused of committing any act which would tend to bring any Entrant, Semifinalist, Finalist or Winner, or Sponsor, into public disrepute, scandal, contempt or ridicule or which shocks, insults or offends a substantial portion or group of the community or reflects unfavorably on Sponsor or any Advertising Sponsors, then Sponsor, within its sole and absolute discretion, may, in addition to and without prejudice to any other remedy of any kind or nature set forth in the Official Rules, disqualify such Entrant, Semifinalist, Finalist or Winner from the Contest including by revoking any Entrant’s title as a Semifinalist, Finalist, or Winner.

4.3 Endorsements: By entering and participating in the Contest, each Entrant, Semifinalist, Finalist, or Winner agrees that if they make any statements that promote Men’s Health and/or its publisher, Sponsor, Hearst Magazines Inc., or any advertiser, including any Advertising Sponsors, and/or each of their respective products or services, each Entrant, Semifinalist, Finalist, or Winner, as applicable, shall: (i) only make statements that reflect his honest beliefs, opinions, or experiences; (ii) not make any deceptive or misleading claims about the products or services of Men’s Health, Sponsor or either of their respective advertisers, including Advertising Sponsors; (iii) not make any claims about the products or services of Men’s Health, Sponsor, Advertising Sponsors or either of their respective advertisers that are not substantiated (i.e., adequate proof exists to back-up the claim); (iv) not engage in any communication that is defamatory, libelous, slanderous, or infringes upon the intellectual property or privacy and publicity rights of others; (v) not make offensive comments that have the purpose or effect of creating an intimidating or hostile environment, including telling lies or spreading rumors about Men’s Health, Sponsor, Advertising Sponsors or their respective advertisers or any of their respective officers, directors, shareholders or competitors; (vi) not use ethnic slurs, personal insults, obscenity or other offensive language; and (vii) not make any comments or post any content that in any way promotes unsafe activities that could lead to an unsafe situation involving Men’s Health, Sponsor, Advertising Sponsors or their customers or other individuals. Entrants, Semifinalists, Finalists, or the Winner must comply with all Federal Trade Commission rules and regulations, including without limitation the United States Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising, 16 CFR Part 255, as amended. Any Entrant, Semifinalist, Finalist, or Winner, must disclose the material connections between such Entrant, Semifinalist, Finalist, or Winner, as applicable, and Sponsor and/or any Advertising Sponsor(s), in all statements—including in social media– concerning Sponsor and/or Advertising Sponsor(s) and their respective products, services, programs, activities or events (“Statement(s)”); specifically, the Entrants, Semifinalists, Finalists, or Winner must include in each Statement(s) the following disclosure in a way that is clear, visible and next to the Statement(s): #mhguycontest.

4.4 Restrictions: By entering and participating in the Contest, each Entrant, Semifinalist, Finalist, and Winner agrees that during the Contest Period they shall not make or participate in any appearances, publicity or public relations events, events, endorsements, advertisements, promotions or other activities or otherwise support or endorse any person or business engaged or otherwise involved in any of the following industries, businesses or activities: (i) tobacco including cigarettes, cigars, chewing tobacco, pipe tobacco, smokeless tobacco, electronic cigarettes, and any items related to the use of tobacco; (ii) any alcohol or liquor, including beer and wine; (iii) obscenity, including any pornographic products, movies and other associated items, including X-rated telephone chat lines and direct-mail dating services; (iv) weapons and firearms, including guns, knives and other militaristic items; (v) questionable health and fitness products, including, but not limited to hair-loss cures, miracle weight-loss pills, cellulite creams and ads for unproven products; or (vi) competitive to Men’s Health or its publisher, Hearst Magazines Inc. or any Advertising Sponsors, as determined within Sponsor’s sole and absolute discretion. Failure to comply with this provision may disqualify Entrant, Semifinalists, Finalists, and Winner from the Contest.

4.5 Exclusive Relationship: By entering and participating in the Contest, each Entrant, Semifinalist, Finalist, and Winner acknowledge and agree that during the Contest Period, defined as the period from the first date of entry in the Contest to the December 31st at least two years from the public announcement of the Winner, but subject to change, at Sponsor’s sole discretion, Sponsor and Advertising Sponsors shall have the sole and exclusive, transferable, assignable, sublicensable, and royalty-free right and license, worldwide, throughout the universe, to use, produce, publish, sell, license, syndicate, distribute, market and promote Entrants, Semifinalists, Finalists, and Winner in connection with the Contest, Men’s Health, Sponsor, participation in the Contest or selection as a Semifinalist, Finalist or Winner of the Contest, his title as the Ultimate Guy for any and all purposes, including editorial, advertising, licensing, sponsorship, and/or promotional purposes, in any form of media existing or hereafter invented, including, but not limited to, print, TV, radio, mobile, cable, electronic, digital, online, Internet, social media, or World Wide Web, including, but not limited to, Men’s Health magazine, MensHealth.com, any Sponsor or Advertising Sponsors’ publication, websites or platforms, and any third party websites or platforms, as selected by Sponsor. Thereafter, Sponsor and Advertising Sponsor’s rights will be non-exclusive in perpetuity. Notwithstanding anything to the contrary contained herein, an additional condition of being a Finalist is signing a separate agreement with Hearst Magazines, Inc. agreeing to the rights as stated in this sub-paragraph 4.5 prior to coming to the Finalist Event Location. In the event the separate agreement is not signed prior to the Finalist Event, another Finalist may be substituted, without any liability whatsoever.

4.6 GRANT OF LICENSE: By entering and participating in the Contest, each Entrant, Semifinalist, Finalist, and Winner agrees that, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, hereby grants to Sponsor and its parent corporations, subsidiaries, affiliates, successors, assigns, transferees, suppliers, distributors, advertisers, advertising/promotion agencies, vendors, production companies, Advertising Sponsors, and programming and content distributors, and the parents, affiliates, subsidiaries, licensees, sublicensees, successors and assigns of all of the foregoing and each such company’s officers, directors, employees and agents (collectively, the “Sponsor Parties”) all rights in an exclusive, irrevocable, perpetual, worldwide, royalty-free, fully paid up, unrestricted and fully transferable, assignable, and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, transmit, stream, broadcast, and incorporate in other works any or all portions of the Entry, including the Essay and Photos, and any Video, and any Statements, in any form, media, or technology now known or later developed, including, but not limited to, print, TV, radio, mobile, cable, electronic, digital, online, Internet, social media, or World Wide Web, including, but not limited to, Menshealth.com, Men’s Health magazine, and any Sponsor or Advertising Sponsors publications, including any Sponsor or Advertising Sponsor brand websites, and any third party websites and for any and all purposes, including, but not limited to, advertising, trade, publicity, promotion, syndication, marketing, merchandising, promotional and commercial tie-in purposes.

4.7 PUBLICITY RELEASE, USE OF PERSONAL INFORMATION: Except where prohibited or restricted by law, by entering and participating in the Contest each Entrant, Semifinalist, Finalist, and Winner agrees and consents to irrevocably granting to Sponsor Parties the perpetual, royalty-free right and permission, worldwide, throughout the universe, to all rights to use, record, photograph, perform, translate, license, publish, exhibit, make available, digitize, display, produce, reproduce, syndicate, videotape, telecast (by any means), distribute, sell and otherwise exploit, in whole or in part, respectively, all Entrants’, Semifinalists’, Finalists’, and Winner’s name, sobriquet, biographical information, testimonials and endorsements, Statements, picture, portraits, voice, activities, performances, likeness, photographs, and images (the “Likenesses”) in any and all forms or medium whatsoever, fixed or embodied, now known or hereafter devised including, without limitation, to audio-visual works, films, videos and/or audio tapes, television broadcasts and rebroadcasts, newspapers, magazines, books (both paper, digital and electronic), Internet, radio (both terrestrial and Internet based), CDs, DVDs, electronic databases, photographs, recordings and/or any other form or medium whatsoever (“Recordings”) and that Sponsor Parties can use the Likenesses, and Recordings for any and all purposes, including, but not limited to, advertising, trade, publicity, promotion, syndication, marketing, merchandising, promotional and commercial tie-in purposes, without further limitation, restriction, compensation, notice, review, or approval to the extent permitted by law, including, but not limited to, in connection with the Finalist Event, Winner Event, Contest, Entry, Essay, Photo, any Video, any Statements, photo and/or video shoot(s), in or on the cover of an issue of Men’s Health magazine, tentatively scheduled for December 2023, but subject to change, at Sponsor’s sole discretion, and/or the Website, and/or in MensHealth.com and/or any other Sponsor or Advertising Sponsors publications, websites or platforms in Sponsor’s sole discretion. By entering the Contest, each Entrant, Semifinalist, Finalist, and Winner acknowledges and agrees that Sponsor can freely transfer, assign, license, and/or sublicense the foregoing rights without any obligation of approval, notice, consent or compensation. In addition, by entering the Contest, each Entrant, Semifinalist, Finalist and Winner agrees to hereby transfer to Sponsor any rights, title, interests, and copyrights, and to waive any and all moral rights, in the Entry and any Video or Statements, and will execute any such documents as may be necessary to effectuate such a transfer or rights and waiver of moral rights, without further compensation. Also, by entering the Contest, each Entrant, Semifinalist, Finalist, and Winner will be sharing their personal information with Sponsor. Personal information collected by Sponsor will be used for administration of the Contest. Furthermore, by submitting an Entry and/or participating in the Contest, each Entrant, Semifinalist, Finalist, and Winner agrees to Sponsor’s use of their personal information as described in Sponsor’s privacy policy at http://subscribe.hearstmags.com/circulation/shared/privacy.html , as may be amended from time to time. Furthermore, by entering the Contest, each Entrant, Semifinalist, Finalist, and Winner agrees that Sponsor shall be permitted to share their personal information with any Advertising Sponsor(s), whose privacy policies will be posted on the Website.

4.8 WAIVER OF APPROVALS: By entering and participating in the Contest, each Entrant, Semifinalist, Finalist, and Winner hereby waives any right to inspect and approve Sponsor Parties use or exercise of their rights hereunder, including the right to use the Likenesses or any Entry, including the Essay and Photos, any Video, and/or any Statements for any purpose, including any advertising or promotional purpose. Each Entrant, Semifinalist, Finalist, and Winner agrees he shall have no claim, including, without limitation, claims based upon invasion of privacy, defamation, or right of publicity, arising out of any use of the Likenesses, Statements, or any Entry, including the Essay and Photos, and any Video and/or the use, blurring, alteration, distortion, illusionary effect, faulty reproduction, or use in any composite form of the likenesses. Each Entrant, Semifinalist, Finalist, and Winner agrees to waive the benefits of any provision of law known as “droit moral,” or any similar laws, and agrees not to institute, support, maintain or authorize any lawsuit on the ground that Sponsor Parties exploitation of their rights hereunder in any way, including with respect to their aforesaid rights to use the Likenesses or Entry and any Video constitutes an infringement of the “droit moral” or a defamation or mutilation of any part thereof of each Entrant, Semifinalist, Finalist, and Winner, or contains unauthorized variations, alterations, modifications, changes or foreign versions or translations. If under any law the above waiver of “droit moral” or “moral rights” is not effective, then each Entrant, Semifinalist, Finalist, and Winner agrees to exercise such rights in a manner which recognizes the contributions of, and will not have a material adverse impact on Sponsor Parties rights under the Official Rules.

4.9 SUPPORT AND AGREEMENTS: In order to participate as the Contest, advance in the Contest as a Semifinalist, Finalist, or Winner and/or receive the Winner’s Prize, each Entrant, Semifinalist, Finalist, and Winner agrees that he shall, if selected as the Finalist and/or Winner, participate in photo and video shoot(s) and other activities, provide promotional and sponsorship/endorsements support, participate in press and public relations activities, support the Men’s Health Ultimate Guy in 2024 and 2025 if requested by Sponsor, and provide advertising services or other services to Sponsor and its advertisers, including any Advertising Sponsors, and shall be required to sign and return to Sponsor any documents or information, forms, releases, and agreements required by Sponsor or any Advertising Sponsors (“Agreements”). Any Entrant, Semifinalist, Finalists, or Winner who does not sign such Agreements, provide other documents or information and/or participate in such support may be disqualified and Sponsor reserves the right to select an alternate Semifinalist, Finalist, or Winner, all as determined within Sponsor’s sole and absolute discretion.

5. CONDITIONS OF PARTICIPATION: Expenses not specifically covered in these Official Rules are the sole responsibility of the Winner. Each prize is awarded “as is” with no warranty or guarantee, either express or implied outside of manufacturer’s limited warranty. No transfer, assignment or substitution of a prize permitted, except Sponsor reserves the right to substitute prize for an item of equal or greater value in the event an advertised prize is unavailable. The Winner is required to comply with any and all applicable federal, state, provincial, if Canadians are eligible to enter, and local laws, rules, and regulations. Any US resident deemed the Winner must complete a W9 form and supply Sponsor with his social security number for tax purposes, and will be issued an IRS Form 1099 for the actual value of the Winner Prize. Winner (and parent or legal guardian if Winner is a minor) may be required to sign and return an Affidavit of Eligibility, a Liability Release and where legally permissible a Publicity Release, as stated in these Official Rules or within seven (7) days following the date of first attempted notification, whichever is sooner. Failure to comply with this deadline may result in forfeiture of the prize and selection of an alternate Winner. Return of any prize/prize notification as undeliverable may result in disqualification and selection of an alternate Winner. Winner hereby further agrees that it will sign any documents necessary to transfer copyright of the entry to Sponsor within seven (7) days following the date of first attempted notification, or otherwise as stated in these Official Rules, whichever is sooner. By entering, Entrant grants permission for Sponsor, and any of its affiliates and subsidiaries, participating advertising and promotion agencies, the independent judging organization and prize suppliers to use the entrant’s submission and all other materials required to be submitted by Entrant initially or during any Phases as per these Official Rules (including an altered form of the entry or other materials) for editorial, advertising and promotional purposes without additional compensation, unless prohibited by law. If images, essays, photos, videos, interviews and any other materials are being submitted to Sponsor as a requirement for entry, Entrants agree that they have all rights to use the images, essays, photos, videos, interviews and any other materials submitted and to allow Sponsor, any of its affiliates and subsidiaries, participating advertising and promotion agencies, the independent judging organization and prize suppliers to reuse any of the images, essays, photos, videos, interviews and any other materials, without any liability, for editorial, advertising and promotional purposes. Additionally, acceptance of the prize by Winner constitutes permission for Sponsor and any affiliates and subsidiaries, participating advertising and promotion agencies, the independent judging organization and prize suppliers to use Winner’s name and/or likeness and biographical material for editorial, advertising, and promotional purposes without additional compensation, unless prohibited by law. By accepting prize, Winner agrees to hold Sponsor, its advertising and promotion agencies and their respective parent companies, subsidiaries, affiliates, partners, representative agents, successors, assigns, officers, directors, and employees harmless for any injury or damage caused or claimed to be caused by participation in the Contest or acceptance or use of the prize. Sponsor is not responsible for any printing, typographical, mechanical, or other error in the printing of the offer, administration of the Contest or in the announcement of the prize.

6. INTERNET/MOBILE: Sponsor is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive entry information by Sponsor or presenter on account of technical problems or traffic congestion on the Internet, at any Web site, or via the mobile phone or any combination thereof. If for any reason the Internet or mobile phone portion of the program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt of affect the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor reserves the right at its sole discretion to cancel, terminate, modify, or suspend the Contest. Sponsor reserves the right to select winners from eligible Entries received as of the termination date. Sponsor further reserves the right to disqualify any individual who tampers with the entry process. Sponsor may prohibit an Entrant from participating in the Contest if it determines that said Entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception or other unfair playing practices or intending to abuse, threaten or harass other Entrants. Caution: Any attempt by a participant to deliberately damage any Web site or undermine the legitimate operation of the Contest is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages from any such participant to the fullest extent of the law.

7. DISPUTES/CHOICE OF LAW: Except where prohibited, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in New York, NY, (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees; and (3) no punitive, incidental, special, consequential or other damages, including without limitation lost profits may be awarded (collectively, “Special Damages”), and (4) entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. New York State law, without reference to New York’s choice of law rules, governs the Contest and all aspects related thereto.

8. SPONSOR: The Sponsor of this Contest is Hearst Magazines, Inc., 300 W. 57th Street, New York, NY 10019.