Remarkable Outcomes Video Challenge 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 "ELIGIBILITY AREA") AND WHO ARE 18 YEARS OF AGE OR OLDER. THIS CONTEST IS VOID OUTSIDE OF THE ELIGIBILITY AREA AND WHERE OTHERWISE PROHIBITED BY LAW. NO PURCHASE OF ANY GOODS OR SERVICES IS NECESSARY OR REQUIRED.
The Genesis Rehab Services Remarkable Outcome Contest ("Contest") is open only to individuals who at the time of entry are legal residents of the 50 United States and the District of Columbia and who are 18 years of age or older (“Contestants”). Other conditions apply as set forth below. The following individuals are not eligible: officers, shareholders, directors, investors, contractors, and agents of Genesis Eldercare Rehabilitation Services, Inc. ("Sponsor" or “GRS”), and its parent, subsidiaries and affiliated companies, distributors, web design, advertising, fulfillment, judging and Contest agencies 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 "step" of each) and those living in the same households of each such individual.
2. Contest Description
This Contest involves two distinct phases. In the first phase, called the “Qualifying Phase,” all Contestants are required to submit by the deadline a proposal which describes how the Contestant will produce a presentation, in any acceptable and recognized media, that recounts a true-to-life rehabilitative Remarkable Outcome of a real GRS patient (the “Proposal”), and which must be based upon one of twenty five (25) approved stories that have been posted to the contest website. GRS may provide additional direction as to what the scope of the Proposal and ultimate entry should entail. The Proposal may be for a written presentation, an audio presentation, or a visual presentation, or any combination thereof. Once the Qualifying Phase closes, the top fifty (50) Proposals will be approved for the second phase of the Contest – the “Production Phase.” In the Production Phase, the remaining Contestants (also referred to as “Semi-Finalists”) will be given access to GRS facilities, employees, agents and patients, in order to produce the Remarkable Outcome that they selected to document in their approved Proposal. At the close of the Production Phase, all Semi-Finalists who have submitted a Remarkable Outcome that complies with these Rules (a “Submission”) will have their Submission judged, and the winners will be chosen from that group, and prizes awarded according to these Rules. No Submission will be eligible for consideration if submitted after the close of the Production Phase. No more than 50 Submissions will be considered. There will be two (2) categories of winners – the “People’s Choice,” in which Semi-Finalists’ submissions will be voted upon through the www.rehab.com website, and the “GRS Choice,” which will be selected by GRS officers.
3. To Enter
To enter the Qualifying Phase of the Contest, Contestants must submit by the deadline a completed Entry Form, which includes their Proposal, through the www.rehab.com website. The Entries during the Qualifying Phase must be submitted between 12:00:01 am ET on August 17, 2009 and 11:59:59 pm ET on October 14, 2009. Entries that do not include all required information and do not adhere to the foregoing and following rules and requirements will be considered void and will not be considered inthe judging of this Contest.
Upon acceptance of the fifty (50) Proposals, the approved Semi-Finalists will be contacted via email and will be provided with access to facilities, employees, agents and patients of GRS, in a region of GRS’ choosing for each such Contestant but with reasonable efforts made by GRS to allow for the convenience of access by the Contestant, so that the Contestant can produce the Submission that is the subject of the Proposal. During this Production Phase, all Submissions, together with any permission letters authorizing the Contestant’s use of other people’s music, art, literature, or other creative works in order to complete the registration for this Contest, must be made by 11:59:59 pm ET on December 4, 2009. No Submissions will be accepted after the close of the Production Phase for the appropriate category. It is up to the Contestant to determine whether any permissions are necessary and to timely obtain them.
4. Conditions of Entry
As conditions of entry into this Contest, and by entering a Proposal and if chosen, a Submission, Contestant warrants and represents that the Proposal or Submission: is original and has been legally created; will be in English; does not and will not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party; 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, regardless of media selected, and free from slander associated with race, color, gender, religion, national origin, ancestry, marital status, sexual orientation, disability, age or citizenship; Contestant represents that he/she owns and will own all rights to his/her Submission, including, without limitation, the copyrights in any recording and the performance contained therein, with full power and authority to assign Contestant’s rights therein to Sponsor. Contestant further represents and warrants that the he/she has or will by the close of the Production Phase obtain permission from each person whose name, image, likeness and/or voice ("Likeness") is included in the Submission, and that such person(s) have granted Contestant all necessary rights to use the person's Likeness as described in these rules, and that Contestant will upload written copies of such permissions to the contest site on www.rehab.com. If the Likeness of a minor is included, such grant of rights must include written permission from the minor's parent or legal guardian authorizing the use of the minor's likeness on behalf of the minor. Sponsor's determination as to whether the Submission potentially violates the rights of any third party is final.
5. Additional Proposal and Submission Requirements
In addition to the foregoing, the Contestant should save his/her Submission in the original format, and if a Contestant is a winner, Contestant will need to provide Sponsor with the Submission in its original format in order for the Submission to be aired on TV or in such other media as the Sponsor so chooses. No Submissions will be returned. All Submissions will be reviewed before being published or judged; however, 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 Contest Rules or that otherwise contain prohibited, inappropriate, or irrelevant content as determined by the Sponsor, in its sole discretion, will be disqualified and will not be considered for a prize.
Final audio or video submissions should be no larger than 250MB in size and a maximum length of 10 minutes long. Audio or video files must be in one of the following acceptable formats:
- Adobe Flash (.FLV)
- Windows Media Video (.WMV)
- Audio Video Interleave (.AVI)
- QuickTime (.MOV)
- Video Resolution: 1280 x 720 (16x9 HD) or 640 x 480 (4:3 SD)
- Video Codec: H.264, MPEG-2 or MPEG-4
- Audio Codec: MP3 or AAC
- Sample Rate: 44.1kHz
- Channels: Stereo (2 Channel)
6. Assignment of Rights
By submitting a Submission, Contestant irrevocably grants Sponsor and its affiliates, legal representatives, assigns, agents and licensees, the unconditional and perpetual worldwide right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit and/or otherwise use or reuse (without limitation as to where and when or to the number of times used), the Contestant’s Submission, including, but not limited to, any recordings and performances contained therein (in each case, as submitted or as edited/modified in any way by the Sponsor, which it may do in its sole discretion), as well as to use Contestant’s name, likeness, photograph, image, voice, (collectively, "Likeness"), 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 or approval from the Contestant or any other party, and whether or not Contestant’s Submission is adjudged 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 LIKENESS OR STATEMENTS. SPONSOR IS PERMITTED, BUT NOT OBLIGATED, TO USE CONTESTANT’S LIKENESS AS A CREDIT IN CONNECTION WITH THE LIKENESS.
Contestant agrees to indemnify and hold Sponsor, its agencies and Contest Parties and their respective affiliates, officers, directors, agents, co-branders or other partners, and any of their employees (collectively, the "Indemnitees"), harmless from any and all claims, damages, expenses, costs (including reasonable attorneys' fees) and liabilities (including settlements), brought or asserted by any third party against any of the Indemnitees due to or arising out of the Contestant’s Submission, or the Contestant's conduct in creating a Submission or otherwise in connection with this Contest, including but not limited to claims for trademark infringement, copyright infringement; violation of an individuals 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 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 GRS CHOICE CATEGORY: $5,000 cash and an engraved Trophy.
TWO (2) RUNNER-UP PRIZES: ONE (1) IN THE PEOPLE’S CHOICE CATEGORY AND ONE (1) IN THE GRS CHOICE CATEGORY: $2,500 cash and an engraved Trophy.
Prizes will be awarded as checks payable to the winner. In addition, the Grand Prize winners’ productions may be submitted by GRS for broadcasting on the radio, distribution to the world wide web, such as through YouTube, or airing on national television, subject to Sponsor's right to edit the production in Sponsor's sole discretion, to comply with any network or other media outlet guidelines or for any other reason. Limit one prize per person and/or work team.
9. Selection of Winners
Qualifying Phase: Entries will be judged by a qualified panel of judges assigned at the discretion of Sponsor (and may include employees of Sponsor) and who have experience in the rehabilitation services industry and/or the communications and advertising industry ("Judges"), who will evaluate each eligible Proposal based on the judging criteria established in these Rules, and the top fifty (50) Proposals will be designated as the semi-finalists. Limit one (1) semi-finalist entry per person. Qualifying Phase judging will be completed on or about October 23, 2009.
Production Phase: The fifty (50) Semi-Finalists’ Submissions will be judged by the Judges for GRS Choice and by the general public for the People’s Choice, and the Grand Prize and Runner-Up winners from each category will be contacted on or about December 21, 2009. Contestants agree that the Sponsor has the sole right to decide all matters and disputes arising from this Contest and that all decisions of Sponsor are final and binding.
10. General Conditions
Contestants will be required to irrevocably assign and transfer to Sponsor any and all rights, title and interest in his/her Submission, including, without limitation, all copyrights, and agree to waive all moral rights in that entry. Semi-finalists will be required to complete, sign and return such documents as Sponsor may require in order to fully transfer and assign all rights to the works to Sponsor. Semi-Finalists will also be required to obtain signed publicity releases from all identifiable individuals featured in Semi-Finalists’ chosen Submission. All completed documents must be returned to Sponsor within 5 days of the date notice was sent or Semi-Finalist status will be forfeited and an alternate Semi-Finalist may be selected. The Grand Prize and Runner-Up winners may also be required to sign additional documents, as deemed necessary by Sponsor in its sole discretion, prior to their Submission airing on any public medium. Grand Prize and Runner-Up winners are solely responsible for any taxes on their respective 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 not capable 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 Contest 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 grand prize and/or runner-up winners to submit to a confidential background check to confirm eligibility 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 of the operation of the Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Contest, 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 Grand Prize and Runner-Up Winners, visit www.rehab.com or send a self addressed, stamped, envelope to:
Genesis Eldercare Rehabilitation Services, Inc.
Attention: GRS Remarkable Outcomes Contest
101 East State Street
Kennett Square, PA 19348
Requests must be received by June 4, 2010.
By entering into this Contest, and intending to be legally bound, Contestant agrees to be bound by the terms and conditions of these Rules.