Why I Love Being a Therapist Video Contest Terms and Conditions
THIS CONTEST IS OPEN TO ALL INDIVIDUALS WHO AT THE TIME OF ENTRY ARE LEGAL RESIDENTS OF THE 50 UNITED STATES OR THE DISTRICT OF COLUMBIA (THE “TERRITORY”) AND WHO ARE 18 YEARS OF AGE OR OLDER. THIS CONTEST IS VOID OUTSIDE OF THE TERRITORY AND WHERE OTHERWISE PROHIBITED BY LAW. NO PURCHASE OF ANY GOODS OR SERVICES IS NECESSARY OR REQUIRED. THIS IS A LEGALLY BINDING AGREEMENT BETWEEN CONTESTANT AND GENESIS ELDERCARE REHABILITATION SERVICES, INC. (“SPONSOR”) ESTABLISHING THE TERMS AND CONDITIONS (“RULES”) UNDER WHICH CONTESTANT IS ENTITLED TO PARTICIPATE IN THE CONTEST. BY ENTERING THIS CONTEST, CONTESTANT CONFIRMS THAT HE/SHE HAS READ, UNDERSTOOD, AND AGREES TO BE BOUND BY THESE RULES.
The Rehab.com “Why I Love Being A Therapist” Video Contest (“Contest”) is open only to individuals who at the time of entry are legal residents of the Territory and who are at least 18 years of age (each such entrant, a “Contestant”). The following individuals are not eligible: members of Sponsor’s Executive Leadership Team, Information Services Department, and Judges (defined below) and other individuals involved in the administration, development, fulfillment and execution of this Contest (collectively “Contest Parties”) and the immediate family members (spouse, parent, child, sibling and spouse or stepchild of each) and those living in the same households of each such individual.
2. Contest Description
All Contestants are required to submit by the Deadline (defined below) a video between two (2) and three (3) minutes long on the topic “Why I Love Being A Therapist”. “Therapist” refers to any of the following: Physical Therapists, Physical Therapist Assistants, Occupational Therapists, Occupational Therapy Assistants, Speech-Language Pathologists, Respiratory Therapists, and students in these respective degree programs. The first fifty (50) Contestants who have submitted a video that complies with these Rules (each, a “Submission”) will have their Submission judged, and the winner will be chosen from that group and prizes awarded according to these Rules. No Submission will be eligible for consideration if submitted after the Deadline. There will be two (2) categories of winners – the “Peoples Choice” winners – in which Submissions will be voted upon by Rehab.com registered users on the www.rehab.com website, and the “Sponsor’s Choice” winners, in which winning Submissions will be selected by a committee appointed by Sponsor.
3. To Enter
To enter the Contest, Contestants must:
a. Read and agree to these Rules;
b. Make a video;
c. Contestant must create or use a previously-created account on YouTube.com and upload the Submission to YouTube®, ensuring that external sites are able to embed and play the Submission and that the privacy settings (under broadcasting and sharing options) are set to “share your video with the world”;
d. Register as a user or log in as an existing user on www.rehab.com;
e. Complete our online entry form;
f. The entry deadline is 11:59:59 pm on Thursday, June 10, 2010 (the “Deadline”). Entries that do not include all required information, and do not adhere to the Rules will be considered void and will not be considered in the judging of this Contest.
After Contestant has uploaded his/her Submission to YouTube®, Contestant must register his/her Submission to be eligible to be judged in the Contest. To register a Submission, Contestant must register as a user or log in as an existing user on the Rehab.com website, click on the online entry form on this website, and enter the requested information. Contestant will be asked to provide contact information, unique YouTube® embed URL to Contestant’s Submission, and to reconfirm that Contestant has read and accepted the Rules. If Contestant does not complete this registration step, Contestant’s Submission will not be entered into the contest or eligible for a prize even though Contestant’s Submission may be posted on YouTube®.
The Sponsor is not responsible for Contestant’s failure to timely complete each step of the registration process. Each Contestant may enter only one (1) Submission in the Contest. If Contestant removes, deletes, restricts access to, or changes the path to their Submission once the entry form has been submitted, the entry will be considered void and their Submission may be removed from the Sponsor’s voting page.
Submissions may not directly or indirectly contain personal health information about any individual, nor any uses (actual or referential) of the Persona (defined below) of patients or, video or audio recordings of patients.
Submissions may not name or otherwise promote any entity or organization that provides therapy services.
Only the first fifty (50) Submissions that comply with these Rules are eligible to be judged.
4. Conditions of Entry
Contestant represents and warrants that except for material that is fully cleared by Contestant (for all uses by Sponsor and its designees in accordance with the Rules), the Submission and all elements thereof are or will be original works of authorship created solely by Contestant, and that neither the Submission nor Sponsor’s use of the Submission as contemplated by these Rules will infringe or violate any rights of any person or entity, nor shall Sponsor be required to pay or incur any sums to any person or entity as a result of its acquisition, ownership, use, transmission, or distribution of the Submission. Sponsor, its assignees and licensees, shall have the right, but not the obligation, to use the Submission and Contestant’s name, image, photograph, voice, performance, likeness or biography (“Persona”) in connection with the Submission, in all media now or hereafter known, throughout the world in perpetuity. Contestant further represents and warrants that the Submission will be in English, will not be entered in any other contests, has not been published or distributed previously in any media, will be G-rated in nature and tastefully produced, and free from derogatory themes associated with race, color, gender, religion, national origin, ancestry, marital status, sexual orientation, disability, age or citizenship. Contestant represents and warrants that except as expressly provided in this paragraph, he/she owns and will own all rights to his/her Submission, with full power and authority to assign Contestant’s rights therein to Sponsor. Contestant understands and agrees that any third party content, including without limitation, sound recordings and musical compositions, used in the Submission must be owned by Contestant or fully cleared for unrestricted use by Sponsor and its designees in all manner, media and means now or hereafter known without limitation and without any obligation to pay any fees, royalties or any other payments of any kind. Contestant further represents and warrants that he/she has obtained permission from each person whose Persona is included in the Submission, and that each such person has granted Contestant all necessary rights to use the person’s Persona as described in these Rules, and upon Sponsor's request shall provide documentation evidencing same. Sponsor’s determination as to whether the Submission potentially violates the rights of any third party is final, and may be made in Sponsor’s sole discretion. Sponsor reserves the right to require any Contestant to mail an original copy of Contestant’s Submission to Sponsor
5. Additional Submission Requirements
No Submissions will be returned. All Submissions will be viewed before being judged. Publication of a Submission does not mean the Submission has been deemed to be in compliance with these Rules. Submissions that do not comply with these Rules or that otherwise contain prohibited inappropriate or irrelevant content, as determined solely by the Sponsor, will be disqualified and will not be considered for a prize.
6. Assignment of Rights
In consideration of the opportunity to participate in the Contest, winning Contestants agree that Sponsor shall be the owner of the Submission. In the event Contestant wins any prize, Contestant hereby assigns and agrees to assign to Sponsor, all right, title and interest in and to the Submission, including copyright in the Submission, including the worldwide perpetual right to use the Submission in any manner that Sponsor may determine (or to refrain therefrom). In the event Contestant wins any prize, Contestant agrees to mail an original copy of Contestant’s Submission on DVD, data CD, or USB drive in the same format in which it was uploaded to YouTube® to: Rehab.com “Why I Love Being A Therapist Video Contest”, Genesis Rehab Services, Attn: Christina Lawless, 515 Fairmount Avenue, Towson, MD 21286, including Contestant’s name and YouTube® username on the original copy. The original copy of a winning Contestant’s Submission must be received by Sponsor in order to claim a prize and no later than ten (10) days after Contestant has been notified that he/she has won a prize, or July 23, 2010, whichever is earlier.. Contestant further agrees that in order to claim any prize, Sponsor may require Contestant to execute a separate short-form copyright assignment for recordation in the U.S. Copyright Office and/or require documentation evidencing clearance of third-party content embodied in the Submission.
With regard to all Submissions, without limitation, Sponsor shall have the right to duplicate, distribute, broadcast, transmit, and/or publicly perform the Submission in any and all media, now or hereafter known, throughout the world in perpetuity, including the right to upload, display, perform, transmit and stream the Submission in connection with Sponsor’s Website and to distribute and make publicly available and publicly perform the Submission in any and all media and formats, including, without limitation, via YouTube®. If the Submission contains any third party content and Contestant has obtained the right to use such content, Contestant hereby assigns, or to the extent assignment is not possible, solely and exclusively sublicenses, all right, title and interest in the third party content to Sponsor. Contestant irrevocably grants Sponsor and its affiliates, legal representatives, assigns, agents and licensees, the unconditional and perpetual worldwide right (but not the obligation) to use Contestant’s Persona and/or statements regarding his/her participation in this Contest (with or without using the Contestant’s name) in any and all media without limitation as to time or territory, and without additional compensation to, or approval from, the Contestant or any other party, and whether or not Contestant’s Submission is judged a winner of any prize under the Contest. CONTESTANT WAIVES ALL INTELLECTUAL PROPERTY RIGHTS, PRIVACY/PUBLICITY RIGHTS OR OTHER LEGAL OR MORAL RIGHTS THAT MIGHT PRECLUDE THE SPONSOR'S USE OF THE SUBMISSION, AND AGREES NOT TO SUE OR ASSERT ANY CLAIM AGAINST THE SPONSOR FOR THE USE OF THE SUBMISSION OR CONTESTANT'S PERSONA OR STATEMENTS. SPONSOR IS PERMITTED, BUT NOT OBLIGATED, TO USE CONTESTANT'S PERSONA AS A CREDIT IN CONNECTION WITH THE SUBMISSION.
Contestant agrees to indemnify and hold Sponsor, its agencies and Contest Parties and their respective affiliates, officers, directors, agent, co-branders or other partners, and any of their employees (collectively, the “Indemnities”), harmless from any and all claims, damages, expenses, costs (including reasonable attorneys’ fees) and liabilities (including settlements of claims), brought or asserted by any third party against any of the Indemnities due to or arising out of the Contestant’s Submission, or the Contestant’s conduct in creating a Submission or submitting it and authorizing its use by Sponsor in connection with this Contest, including but not limited to, claims for trademark infringement, copyright infringement, violation of an individual’s right of publicity or right of privacy, or defamation, or personal injury during the development and production of the Submission. Contestant further agrees to release Sponsor from any and all claims that any advertising subsequently produced, presented, and/or prepared by or on behalf of Sponsor infringes Contestant’s rights with regard to any elements, characters, works of authorship, or ideas contained in any Submission.
Each of the two categories in this Contest will contain the following prizes.
TWO (2) GRAND PRIZES: ONE (1) IN THE PEOPLE’S CHOICE CATEGORY AND ONE (1) IN THE SPONSOR’S CHOICE CATEGORY: $5,000 each and an engraved trophy.
FOUR (4) RUNNER-UP PRIZES: TWO (2) IN THE PEOPLE’S CHOICE CATEGORY AND TWO (2) IN THE SPONSOR’S CHOICE CATEGORY: $2,500 each and an engraved trophy.
Prizes will be awarded as checks payable to the winner and will be mailed to the address provided by Contestant in the entry form.
Ties in the People’s Choice category will be handled as follows:
If there is 1 People’s Choice grand prize winner and 3 or more Contestants tie for People’s Choice runner-up prizes, $5,000 will be split equally among the runners-up.
If 2 Contestants tie for People’s Choice grand prize, they will split $7,500 equally, with $2,500 remaining for 1 runner-up prize. If there is also a tie for the runner-up, the remaining $2,500 will be split equally among the runners-up.
If 3 or more Contestants tie for People’s Choice grand prize, they will split $10,000 equally and there will be no runner-up prizes awarded.
9. Selection of Winners
After the Deadline, Sponsor will review and post Submissions on Rehab.com for voting by registered Rehab.com users for the People’s Choice prizes. Registered Rehab.com users may vote for more than one Submission, but no more than once per Submission. Voting for People’s Choice winners will occur between Monday, June 14, 2010 and Monday June 28, 2010.
After the People’s Choice prizes winners are selected, Submissions will be judged for the Sponsor’s Choice prizes by a qualified panel of judges assigned at the discretion of Sponsor (“Judges”).
Judging will be completed on or about Monday, June 28, 2010.
The Grand Prize and Runner-Up winners from each category will be contacted on or about Wednesday, June 30, 2010. Sponsor has the sole right to decide all matters and disputes arising from this Contest and all decisions of Sponsor are final and binding for the Contestants. Sponsor may also designate certain Submissions as winners of “Honorable Mention” status, though no prizes will be awarded for such Submissions. If the Sponsor has not received an original copy of a winning Submission by the due date, that Submission will be deemed void and the prize will be given to the next runner-up in the applicable category. Sponsor reserves the right to postpone judging and the announcement of prizes if it has not received at least fifty (50) entries by the Deadline.
10. General Conditions
Contestants will be required to complete, sign and return such documents as Sponsor may require in order to fully transfer and assign certain rights in the Submissions to Sponsor. If Sponsor requires such documents, including, without limitation, the short-form copyright assignment, notice will be sent via email to the email address provided by Contestant in the entry form. All completed documents must be returned to Sponsor within 5 days of the date notice was sent or Contestant’s Submission will be deemed invalid and ineligible for any prizes. Winners are solely responsible for any taxes on their prizes, and will receive an IRS Form 1099 for the value of their prize. No substitution of prize is offered, except at the sole discretion of the Sponsor. Prizes are non-transferable. If for any reason the Contest is incapable of running as planned, including without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Sponsor reserves the right, at its sole discretion to cancel, modify or terminate the Contest. Further, Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be: (a) tampering or attempting to tamper with the entry process or the operation of the Contest or any Sponsor, (b) violating the Rules; or (c) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Sponsor reserves the right to require winners to submit to a confidential background check as a condition of awarding the prize to help ensure that the use of any such person in advertising or publicity for the Contest will not bring Contest Parties into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Contest as determined by Sponsor in its sole discretion.
11. Limitations of Liability and Release
No liability or responsibility is assumed by Sponsor or Contest Parties resulting from any user’s participation in or attempt to participate in the Contest. No responsibility or liability is assumed by the Sponsor or Contest Parties for technical problems or technical malfunctions arising in connection with the production of any Submissions; unauthorized human or non-human intervention in the operation of the Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms, or destruction of any aspect of the Contest or Contestant computer(s), or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with the Contest. Sponsor and Contest Parties are not responsible for any typographical errors in the announcement of prizes or these Contest Rules, or any inaccurate or incorrect data contained on any collateral relating to the Contest. By participating in the Contest, the Contestant releases Sponsor and Contest Parties from any and all claims, damages or liabilities arising from or relating to such Contestant’s participation in the Contest. By accepting a prize in the Contest, winners agree that the Sponsor and Contest Parties shall not be liable for any loss or injury resulting from participation in the Contest acceptance or use of any prize.
12. Winner List
For a list of the winners, visit Rehab.com or send a self addressed stamped, envelope to:
Rehab.com “Why I Love Being A Therapist” Video Contest
Genesis Rehab Services
Attention: Christina Lawless
515 Fairmount Ave., 6th Floor
Towson, MD 21286
Requests must be received by Friday, December 31, 2010.
By entering into this Contest, and intending to be legally bound, Contestant agrees to be bound by these Rules. However, Sponsor reserves the right to withdraw or terminate the Contest at any stage without liability to Contestants or anyone else.
YouTube® is not sponsoring or otherwise affiliated with the Contest. YouTube®, and the YouTube® logos are the registered trademarks of Google, Inc. There is no purchase necessary to enter the Contest. This Contest is void where prohibited by law. The total retail value of prizes is $20,000.
15. Governing Law and Jurisdiction
This Contest and agreement shall be governed by the laws of the State of Maryland, without regard to its conflict of laws provisions. Any claim or dispute between Contestant and Sponsor arising out of this agreement or Contest shall be decided by the Federal or State Courts in Baltimore, Maryland and Contestant agrees to submit to the jurisdiction of such courts in the event of a dispute.