Caregiver Stories (“the Contest”)
Sponsored and administered by VITAS Hospice Services, LLC of 201 South Biscayne Blvd., Suite 400, Miami, Florida 33131 (“the Sponsor”)
NO PURCHASE NECESSARY. This contest is open to legal residents of the United States, including its territories and possessions, who are at least 18 years old. Employees of VITAS Hospice Services, LLC and/or its parent, affiliates, subsidiaries and advertising and promotion agencies involved in the Contest, and their immediate family members and/or those living in the same household of each are not eligible to enter. This Contest is VOID WHERE PROHIBITED.
Submission Process and Deadline
Participants must submit a written essay of no more than five hundred (500) words expressing the participant's greatest challenges and rewards while caring for a loved one. Each submission must be the participant's own, original work.
Each submission must include the participant's full name and contact information including mailing address and telephone number.
The Contest begins on November 1, 2015 at 12:00 am EST and each submission must be received by Sponsor no later than 12:00 am EST, December 1, 2015. Only one submission is permitted per participant. Submissions must be received by Sponsor either (i) via the Internet form, which can be found at www.vitas.com/caregiver, or (ii) via hard copy mailed to VITAS Healthcare, Attn: Caregiver Stories, 255 E. Fifth Street, Suite 1200, Cincinnati, Ohio 45202 and sent via regular mail. Each submission must be typewritten. If submission is made using the Internet form, participants may type their submission directly into a text box or cut and paste their submission into the text box. If sent by regular mail, participant is responsible for affixing proper postage. No other means of submission are acceptable.
The Sponsor disclaims all liability for any delays, misdelivery, loss, or failure in the delivery of any submission. The Sponsor is not responsible for mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including: failed, incomplete, delayed transmission of online submissions, the Internet or of any website or lost or unavailable network connections which may limit an online participant's ability to participate in the Contest, and any injury or damage to participant’s or any other person’s computer related to or resulting from participating in the Contest.
The Sponsor is not responsible for submissions not received due to difficulty accessing the Internet, service outages or delays, computer difficulties and/or other problems, technological or otherwise. Proof of submitting a submission shall not be deemed proof of receipt by Sponsor. When applicable, the website administrator’s computer will be deemed the official time keeping device for the Contest promotion. Contest submissions must contain all information requested and must be received on or before the deadline for the submission to be deemed valid.
If the participant is unable to verify any information as required by Sponsor the participant will automatically be disqualified and their prize will be forfeited. The Sponsor, in its sole discretion, reserves the right to select an alternate submission at that time. The Sponsor is not responsible for any change of email address, mailing address and/or telephone number of participants. Any notification or other communication by Sponsor to participant shall be deemed to have occurred immediately upon the Sponsor's placing of a phone call or sending of an e-mail to such participant. The Sponsor is not responsible for and shall not be liable for late, misdirected or unsuccessful efforts to notify the winner.
In the event a participant wishes to have participant's name and contact information removed from any contest mailing list administered by Sponsor, such request should be sent to firstname.lastname@example.org.
Contest submission will be judged using the following criteria: (i) creativity and originality, (ii) expressiveness, (iii) relevancy of response to topic, (iv) clarity of message, and (v) style. The panel of judges will be selected by the Sponsor and will include Heather Veeder MD, VITAS Medical Director; Candice Richard, VITAS Copywriting Manager; Marnie Casko, VITAS General Manager. One (1) Grand Prize Winner and two (2) runners-up will be selected on December 15, 2015. The winners will be notified by Sponsor.
The winning submissions will be published on the VITAS Stories website. The Grand Prize Winner will receive a Five Hundred Dollar ($500.00) Spafinder.com gift card. The two (2) runners-up will each receive a Two Hundred Fifty Dollar ($250.00) Spafinder.com gift card.
Conditions and restrictions may apply to gift cards. See gift card for any applicable terms and conditions. The prize(s) that may be awarded to the winner(s) are not transferable, redeemable for cash or exchangeable for any other prize, except in the Sponsor’s sole discretion. Any valuation of the prize(s) stated above is based on the current value of such prize(s). The value of any prize awarded to a winner may be reported by Sponsor for tax purposes as required by law. Each winner is solely responsible for reporting and paying any and all applicable taxes related to the prize(s). All costs and expenses related to prize acceptance and use not specified herein as being provided are the sole responsibility of the winners.
If a prize, or any portion thereof, cannot be awarded for any reason, the Sponsor reserves the right to substitute such prize with another prize of equal or greater value, as determined by the Sponsor in its sole discretion. Winner(s) must present government issued identification prior to being awarded a prize. If a winner cannot be contacted or is disqualified for any reason, the Sponsor reserves the right to select an alternate winner or not to award that prize, in its sole discretion.
ALL PRIZES ARE AWARDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. No more than the advertised number of prizes will be awarded.
Any person attempting to defraud or in any way tamper with the Contest will be ineligible for prizes and may be prosecuted to the full extent of the law. Odds of winning depend upon the number of eligible submissions received by Sponsor.
The awarding of prizes is subject to the terms and conditions as specified in these official rules. The winners must comply with all rules, regulations, terms and conditions. Failure to comply may result in forfeiture of a prize in its entirety. The prizes will be awarded as described herein, subject to legal restrictions. The Sponsor will have no further obligation to winners.
By participating in the Contest, each participant and winner waives and releases any and all claims of liability against the Sponsor, its parent, affiliates, officers, directors, members, employees, agents and representatives (collectively the "Contest Entities") for any injury or loss whatsoever which may occur from the conduct of, or participation in, the Contest, or from the award, receipt and/or use or misuse of any prize, including any travel related thereto.
By accepting a prize, winners must agree to the prize conditions on participation and must agree that: (i) all decisions of the Contest judges are final and binding; and (ii) to release the Contest Entities from any and all claims in connection with the Contest and the award or use of the prizes. The Contest Entities, individually or collectively, are not responsible or liable to any participant or winner or any person claiming through such participant or winner for failure to supply the prize or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, volcanic eruption, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond the Contest Entities’ sole control.
This contest is in no way sponsored, endorsed or administered by, or associated with, Facebook.
By participating in the Contest, each participant and winner waives and releases any and all claims of liability against Facebook for any injury or loss whatsoever which may occur from the conduct of, or participation in, the Contest, or from the award, receipt and/or use or misuse of any prize, including any travel related thereto.
Use of Personal Information/Intellectual Property
By participating, where allowed by law, the winners grant the Sponsor the irrevocable permission, in perpetuity, to use their respective names, likenesses, photographs and cities and states of residence in connection with (i) announcement of winner(s), (ii) online and offline marketing purposes, and (iii) in conjunction with the publication of any submissions. Further, participants waive any claims to royalties or remuneration of any kind for such use.
Participants agree that the Sponsor has the right to exercise, and to permit others to exercise, all intellectual property rights, in perpetuity, including, but not limited to, copyright, relating to the submission, including the worldwide rights to reproduce, make, use, publish, promote, and publicly display the submission individually and as part of a compilation or collective work, in all forms and media (print, electronic and other) now known or hereafter developed. The Sponsor has the right to publish and present the submission in such manner and for such purposes as it deems appropriate, including the right to manipulate, crop, rearrange, recompose, edit and/or otherwise alter the submission, and to publish and present the submission in combination with the Sponsor’s name and with other works, names and materials. In granting the Sponsor these rights, the participant knowingly, voluntarily and irrevocably waives all rights in his or her submission arising under Section 106A of the U.S. Copyright Act (17 U.S.C. § 106A) and all “moral rights” in the submission arising under any applicable law of any jurisdiction. The participant acknowledges and agrees that no royalties or payments of any kind are payable or will be payable on the part of Sponsor for the rights granted herein.
Representations and Warranties/Protected Health Information/Indemnification
Each participant represents and warrants that the submission (i) is an original work written by participant, (ii) does not infringe upon the intellectual property rights of any other individual or entity, (iii) does not violate any individual's right of privacy and/or publicity, and (iv) does not violate any law, whether statutory or otherwise, whether local, state, federal or international.
To the extent the protected health information of an individual may be discernible in a submission, the participant represents and warrants that such participant has obtained the proper, written consent of such individual for participant's use of such information and participant is able to, and shall, provide Sponsor with such written consent upon Sponsor's demand.
Participant agrees to release and hold Contest Entities harmless from any and all liability, claims or actions of any kind whatsoever, which may result from the participant's breach of any of the aforementioned representations and warranties (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, or any claims, costs, injuries, losses, or damages related to or based on the participant's rights of publicity or privacy, or the participant's claim that he/she has somehow been defamed or portrayed in a false light). Participant agrees to fully indemnify Contest Entities for any claims, damages, losses, settlements, costs and expenses, including attorney's fees, incurred by Contest Entities as a result of any actions or claims brought by a third party against Contest Entities as a result of any breach or alleged breach of the aforementioned representations and warranties by participant.
By participating, participants agree to be bound by these official rules and waive any right to claim ambiguity in the Contest or these official rules. Winners and participants also agree to release, discharge, indemnify and hold harmless the Contest Entities from and against any claims, damages or liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in this Contest.
Governing Law/Jurisdiction, Limitation of Liability
ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF PARTICIPANTS OR CONTEST ENTITIES IN CONNECTION WITH THIS CONTEST SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE UNITED STATES AND THE STATE OF FLORIDA WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER JURISDICTION'S LAWS. THE INVALIDITY OR UNENFORCEABILITY OF ANY PROVISION OF THESE RULES SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF ANY OTHER PROVISION. IN THE EVENT THAT ANY PROVISION IS DETERMINED TO BE INVALID OR OTHERWISE UNENFORCEABLE OR ILLEGAL, THESE RULES SHALL OTHERWISE REMAIN IN EFFECT AND SHALL BE CONSTRUED IN ACCORDANCE WITH THEIR TERMS AS IF THE INVALID OR ILLEGAL PROVISION WERE NOT CONTAINED HEREIN. EACH PERSON WHO PARTICIPATES IN THIS CONTEST AGREES THAT THE UNITED STATES AND THE COURTS LOCATED IN BROWARD COUNTY, FLORIDA SHALL HAVE SOLE AND EXCLUSIVE JURISDICTION OVER ANY SUIT OR OTHER PROCEEDING ARISING OUT OF OR BASED UPON THESE OFFICIAL CONTEST RULES OR THE RIGHTS AND OBLIGATIONS OF PARTICIPANTS OR CONTEST ENTITIES IN CONNECTION WITH THIS CONTEST AND EACH HEREBY WAIVES ANY CLAIM THAT IS NOT SUBJECT PERSONALLY TO THE JURISDICTION OF SAID COURTS OR THAT ANY SUCH SUIT OR OTHER PROCEEDING IS BROUGHT IN AN INCONVENIENT FORUM OR IMPROPER VENUE.
AS A CONDITION OF PARTICIPATING IN THE CONTEST, PARTICIPANTS AGREE: (A) UNDER NO CIRCUMSTANCES WILL PARTICIPANT BE PERMITTED TO OBTAIN AWARDS FOR, AND PARTICIPANT HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES OTHER THAN FOR ACTUAL OUT OF POCKET EXPENSES, EXCLUDING ATTORNEYS' FEES AND COURT COSTS; AND (B) ALL CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS CONTEST, OR ANY PRIZE AWARDED, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. PARTICIPATION IN THE CONTEST CONSTITUTES PARTICIPANT'S FULL AND UNCONDITIONAL AGREEMENT TO, AND ACCEPTANCE OF, THESE OFFICIAL RULES.
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