Any Apple-branded over-ear headphones that are clearly a successor to the original AirPods Max will resolve YES. They needn't be called "AirPods Max" specifically for a positive resolution.
The headphones must be in consumer hands and generally available in at least one country.
Clarification: It has to be a somewhat substantial update. For example, just adding a new color or USB-C port wouldn’t count.
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@Predict My Yes bet was predicated on updating to USB counts as a successor to the AirPods Max. I don’t think they’ll update it beyond USB-C port or some new colours like Niko said.
Thanks for the clarification @Predict! @esusatyo , that is what I was reading with the rumours as well. Which is too bad, the AirPods Max look really nice, but dropping >$500 on >2yr old headphones doesn't seem like a great idea when other headphone manufactures have been pushing updates this whole time.