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OFFICIAL RULES FOR THE ‘Get With the Beat - Know the Rhythm off Your Family competition’ VIDEO CONTEST
Contest is Void Where Prohibited. By Entering, Entrants Accept and Agree To Be Bound By These Official Rules. No Purchase Necessary to Enter or Win.
- Contest Description: Novartis CVM Franchise, Novartis Pharma AG, Fabrikstrasse 6.3.03.6, Postfach,CH-4002 Basel, Switzerland (the "Sponsor"), is sponsoring the ‘Get With the Beat – Know your loved ones’ heart health rhythm’ Video Contest (the "Contest") to bring attention to the impact that high blood pressure may have on you, a family member or indeed a loved one. Sponsor seeks videos that demonstrate creativity, enthusiasm, and uniqueness.
- Contest Period: The Contest begins at 12:01 AM CET on Sunday September 28, 2008, and ends at 11:59 PM CET on February, 2009 (the "Contest Period").
- Eligibility:The Contest is open to legal residents in the Philippines, and Spain. Employees of Sponsor and of the Competition Website designated in Section 5 hereof, and their respective parents, subsidiaries, affiliates, advertising, promotion agencies and immediate family members and/or those living in the same household with any of the foregoing are not eligible to enter the Contest. The Contest is subject to applicable local laws and regulations of all the countries mentioned in this Section 3, and is void where prohibited by law.
- General Rules Governing Participation in the Contest:
(a) No purchase is required or accepted as a condition of participating in the Contest. Participation in the Contest is free.
(b) An Entrant may submit as many entries in the Contest as he or she wishes, provided that the Entrant and each of his or her Entries complies with these official rules (the "Official Rules") and does not violate the rights of any third party, as determined by Sponsor in its sole discretion.
(c) By uploading an entry to the Competition Website designated in Section 5 hereof, Entrants agree to be bound by the official rules, including the eligibility requirements set forth in Section 3 above.
(d) Failure to comply with these Official Rules will result in disqualification from the Contest.
(e) Entries that do not comply with the video specifications or any other requirements set forth in these Official Rules will not be accepted and/or will result in disqualification, in Sponsor\'s sole discretion. - How To Enter
(a) An Entry consists of one (1) video with subject matter that relates to high blood pressure.
(b) Entries may not be larger than 100 MB (the maximum file size for any video uploaded). Entries must be provided in AVI, MOY, MPG or WMV file format.
(c) To submit an Entry, Entrants must complete the following steps:
o Log onto http://www.getwiththebeat.com (the Competition Website) during the Contest period and click on the "Submit a Video" link .
(d) Once an Entry is uploaded to the Competition Website, it is final and may not be modified or edited. No entries will be returned and no acknowledgment of receipt will be provided. Entries that do not adhere to these official rules will be considered void and disqualified from the Contest. Entries must be received by 11:59 PM CET on February, 2009 .
(e) Entries that contain inappropriate content, as determined by Sponsor in its sole discretion, will be disqualified, including, without limitation, Entries that contain vulgarity, obscenity, lewd, pornographic or violent material, material that promotes violence or disparages Sponsor or any other person or entity or material that contains trademarked or copyrighted material of a third party. Any Entry that uses any elements, including, without limitation, speech/voice-overs, video, stills, visuals or other materials that are not an Entrant\'s original work or are not in the public domain may result in disqualification of the Entry, in Sponsor\'s sole discretion. Entries that contain any footage from the example video posted by Sponsor on the Competition Website will be disqualified. - Designation of the Contest Entrants: The person named as the registered owner of the Competition user account associated with the Entry will be deemed the Entrant (the "Entrant"). In the event of a dispute regarding the identity of an Entrant, the individual who is the "authorized e-mail account holder" of the e-mail address provided when the Competition Website user account was created will be deemed the Entrant and the person who uploaded the Entry. "Authorized e-mail account holder" means the natural person assigned an e-mail address by an Internet access provider, online service provider or other organization (i.e., business or education institution) responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
- Joint Entries: If any group of individuals elects to collaborate on an Entry (a "Joint Entry"), the group is required to designate one (1) representative as the Entrant. In the event that a Joint Entry is selected as a winning entry in any of the three categories, all persons who contribute content, material, ideas, or work product in the creation of the Joint Entry (the "Joint Contributors") shall be required to execute the required documents described in Section 15 below as a condition of the Joint Entry being deemed a Winning Entry. The designated Entrant for a winning Joint Entry will be awarded the prize. Neither Sponsor nor the Competition Website is liable for any disputes between or among collaborators related to a Joint Entry and/or any prize awarded for a Joint Entry.
- How Prizes Are Awarded: Sponsor will designate, in its sole discretion, a judging panel to select one Winning Entry out of the three categories described in Section 5(a) .The judging panel\'s selection of the Winning Entry is final, binding and non-appealable, and will be made based on the following criteria:
o Creativity and originality: 40%
o Content: 30%
o Persuasiveness of message: 30% - Prizes:A prize of £500 worth of computer equipment will be awarded to one winner from each age category – 10-13, 14-18, 18+. The Winning Entries should consult his/her tax advisor for tax treatment with respect to any prize awarded. The Sponsor shall have no tax liability or obligation with respect to any prizes awarded. Nothing in these Official Rules shall constitute tax advice. The Winning Entrant may not exchange the prize for any other consideration or transfer, assign, or substitute a prize. The Sponsor reserves the right to substitute a prize, in its sole discretion, in which case a prize of equal or greater value will be awarded.
- Odds of Winning: The odds of winning depend on the number of eligible Entries received.
- Entrant\'s Representations and Warranties: By uploading and submitting an entry, each Entrant and each Joint Contributor, if any, warrants and represents that each of his or her entries: (a) is his or her own original work product and has been created lawfully; (b) does not infringe the intellectual property rights, privacy or publicity rights or any other legal or moral rights of any third party, or violate any applicable laws or regulations; (c) has not been submitted to or won any other contests or promotions; (d) has not been submitted to any media entities or programs; and (e) has not been publicly exhibited, broadcast, published or distributed previously in any media or in any fashion. Each Entrant and each Joint Contributor, if any, further warrants and represents that he or she owns all rights to each of his or her entries, including, without limitation, all intellectual property rights to the Entries and all components thereof. Each Entrant and each Joint Contributor, if any further warrants and represents that he or she has obtained permission from each Person or Entity whose name, image, likeness, or voice (collectively, "Likeness") is included in any of the Entrant\'s entries, and that each such Person or Entity has granted the Entrant all necessary rights to use his, her or its likeness and that the Entrant can make written copies of such grant of rights available to Sponsor upon request. Since the likeness of a minor can be included in any Entry, 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.
- Effect of Uploading an Entry: By uploading an Entry, each Entrant irrevocably: (a) accepts these Official Rules and all other terms and conditions prescribed by the Sponsor and binds himself or herself to these Official Rules and terms and conditions as the valid agreement between her or him and Sponsor with regard to the Contest and other subject matter of these Official Rules and terms and conditions, and undertakes to sign, execute and deliver any and all documents or instruments that Sponsor or any government regulatory agency may require in connection with the Contest; (b) grants Sponsor and its parents, subsidiaries, affiliates, legal representatives, assigns, agents, contractors and licensees (collectively, the "Promotion Parties") the unconditional, perpetual and irrevocable right and license to reproduce, encode, edit, store, record, distribute, make derivative works of, merchandise, license, sublicense, adapt and/or modify, copy, transmit, publish, post, broadcast, display, publicly perform, exhibit, and/or otherwise use or reuse (without limitation as to when or to the number of times used), the entry and any part thereof, including, without limitation, the recording and the performances contained therein (in each case, as submitted or as edited/modified in any way by sponsor, in its sole discretion), as well as to use the Entrant\'s name, likeness, and/or statements regarding his or her participation in the Contest (with or without using the Entrant\'s name) in any and all media without limitation as to time or territory, and without compensation or approval from the Entrant or any other party, (c) undertakes to sign, execute and deliver to Sponsor any and all documents, including but not limited to the required documents described in Section 15 hereof, that the Sponsor or any government regulatory agency may require in connection with the grant/assignment of rights described in Subsection (b) hereof; and (d) agrees not to grant any license to use any of his or her Entries (in whole or in part) or any component thereof for the benefit of any of Sponsor\'s competitors, as determined by Sponsor in its sole discretion. Each Entrant waives and renounces all intellectual property rights, privacy/publicity rights or other legal or moral rights that might preclude Sponsor\'s use of the Entry, and agrees not to sue or assert any claim against Sponsor for the use of the Entrant\'s entry or likeness or statements.
- User Input : By uploading an Entry, each Entrant and each Joint Contributor, if any, consents to the posting of the Entry on the Competition Website for the purpose of permitting Competition Users to provide input on the Entries, including, without limitation, through use of "thumbs-up"/"thumbs-down" rating symbols or any other method of commenting on or ranking the Entries. Each Entrant and each Joint Contributor, if any, understands and agrees that such user input on the Competition Website will have no impact on the determination of the Contest Winners, and that the selection of Winners by the Official Judging Panel is final, binding and non-appealable.
- Winner Notification: Each Entrant who submits a winning Entry will be notified via e-mail (the "Notification") sent to the e-mail address associated with the Entrant\'s competition user account. In the event that any notification is returned as undeliverable or the Entrant who submitted a Winning Entry is determined by Sponsor not to be eligible for the contest, including, without limitation, due to his or her failure to comply with Section 15 below, the judging panel may select an alternate Winning Entry for the applicable category and notify the Entrant who submitted the alternate Winning Entry in accordance with the notification procedures set forth in this Section 14. Sponsor reserves the right to modify these notification procedures as may be necessary or advisable in its sole discretion.
- Qualification of Contest Winner: To qualify as a Winning Entrant, each of the Entrants owning the winning entries selected by the judging panel of the Contest shall execute the following documents within fourteen (14) days of the date of the Notification: (aa) an affidavit of eligibility and compliance with these Official Rules; (bb) a statement of originality and grant of rights; (cc) a confidentiality and non-disclosure agreement; (dd) a release of liability; (ee) a publicity release/agreement; (ff) written permissions to use the likeness of each Person or Entity included in the Entrant\'s Winning Entry; (gg) written permission to the use of his/her likeness by the Sponsor in connection with the Contest and the winning entry; and (viii) written grant/assignment of the copyright and other intellectual property rights to the winning entry, mentioned in Section 12 hereof (collectively, the "Required Documents"). If an Entrant owning a winning entry is otherwise eligible under these Official Rules, but is nevertheless deemed a minor in his or her country of primary residence, the Required Documents must be signed by the parent or legal guardian on such minor Entrant’s behalf. The publicity release/agreement shall: (i) require the Entrant to participate in interviews with Sponsor; (ii) permit Sponsor to use the Entrant\'s winning entry, name, likeness, hometown, voice, biographical information and excerpts from the interviews conducted with the Entrant as set forth in Section 10 above, including, but not limited to, the Competition Website and/or all other media (except where prohibited by law); and (iii) specify that such permitted uses by Sponsor may be for any lawful purpose(s), for purposes of advertising, promotion and publicity of Sponsor and its products. If the required documents are not executed and returned within fourteen (14) calendar days of the date of the Notification, or if the Required Documents mailed to the winning Entrant are returned as undeliverable, the Entrant will be disqualified, and another winning entry for the Contest may be selected by Sponsor, in its sole discretion. [transposed to place defined term “Required Documents”above)
Any Joint Entry that is selected by Sponsor as a winning entry shall be subject to all of the requirements of this Section 15, and all Joint Contributors shall be required to execute the Required Documents as a condition of an entry being selected as a winning entry. Sponsor shall provide the Notification, as set forth in Section 14 above, to the designated Entrant (as described in Section 7 above), and the Entrant must provide Sponsor with the names and addresses of all Joint Contributors. Sponsor shall mail the Required Documents to the Entrant and each of the Joint Contributors. The Entrant and each Joint Contributor must execute and return the Required Documents to Sponsor within fourteen (14) days of the date that Sponsor mails the Required Documents, or the Joint Entry will be disqualified and another winning entry for the Contest may be selected by Sponsor, in its sole discretion. - Releases: BY PARTICIPATING IN THE CONTEST, EACH ENTRANT AND EACH JOINT CONTRIBUTOR, IF ANY, ACCEPTS ALL RISKS AND CONSEQUENCES OF ENTRY AND PARTICIPATION IN THE CONTEST AND AGREES TO FOREVER DISCHARGE, RELEASE AND HOLD HARMLESS SPONSOR AND ALL PROMOTION PARTIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, AGENTS, CO-BRANDERS, PARTNERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE "RELEASED PARTIES") FROM ANY AND ALL CONSEQUENCES, LIABILITIES, LOSSES, DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, PUNITIVE, INCIDENTAL, SPECIAL OR ENHANCED DAMAGES AND THOSE RELATED TO PERSONAL INJURY, DEATH, OR DAMAGE TO PROPERTY) AND COSTS AND EXPENSES, OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING FROM OR RELATED TO THE CONTEST, INCLUDING, WITHOUT LIMITATION, THE ENTRANT\'S PARTICIPATION IN THE CONTEST, HIS OR HER ENTRY OR ENTRIES, AND ANY CLAIMS BASED UPON
U.S. OR FOREIGN INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, AND/OR INVASION OF PRIVACY, EVEN IF ONE OR MORE OF THE RELEASED PARTIES WERE AWARE OF THE POSSIBILITY OF ANY SUCH CONSEQUENCES, LOSSES, OR DAMAGES. EACH ENTRANT FURTHER AGREES TO FOREVER DISCHARGE, RELEASE AND HOLD HARMLESS ALL RELEASED PARTIES FROM ANY AND ALL CLAIMS THAT ANY USE OF AN ENTRY BY OR ON BEHALF OF THE RELEASED PARTIES INFRINGES THE ENTRANT\'S RIGHTS WITH REGARD TO ANY ELEMENTS, CHARACTERS, OR IDEAS CONTAINED IN ANY ENTRY. - Limitations of Liability: EACH ENTRANT AND EACH JOINT CONTRIBUTOR, IF ANY, FURTHER AGREES THAT THE RELEASED PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, COSTS OR EXPENSES, OF ANY KIND, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, PUNITIVE, INCIDENTAL, SPECIAL, OR ENHANCED DAMAGES AND THOSE RELATED TO PERSONAL INJURY, DEATH, OR DAMAGE TO PROPERTY AND COSTS AND EXPENSES, OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING FROM OR RELATED TO: (A) THE WEBSITE COMPETITION, THE ENTRANT\'S ENTRY AND PARTICIPATION IN THE WEBSITE COMPETITION, AND/OR ANY DECISION BY SPONSOR CONCERNING HIS OR HER ENTRY OR ENTRIES; OR (B) CIRCUMSTANCES BEYOND THE REASONABLE CONTROL OF THE RELEASED PARTIES, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, ACTS OF GOVERNMENT, ACTS OF TERROR, ACTS OF WAR, CIVIL UNREST, LABOR SHORTAGES AND/OR STRIKES, EVEN IF ANY ONE OR MORE OF THE RELEASED PARTIES WERE AWARE OF THE POSSIBILITY OF ANY SUCH EVENTS OCCURRING.
- Indemnification: Each Entrant and each Joint Contributor, if any, agrees to indemnify and hold harmless Sponsor and all promotion parties and their respective parents, subsidiaries, affiliates, legal representatives, assigns, agents, contractors, licensees, officers, directors, agents, co-branders or other partners, and any of their employees (collectively, the "Indemnitees") 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 Indemnities due to or arising out of the Entrant\'s entry or entries, the Entrant\'s and/or Joint Contributor’s (if any) conduct in creating an Entry or Entries, or otherwise in connection with the Contest, including, without limitation, claims for: (a) alleged infringement of a third party\'s rights under the trademark, copyright, patent, trade secret, or other intellectual property laws of the United States or any other nation/country or any other law; (b) violation of an individual\'s right of publicity or right of privacy; (c) misappropriation or unauthorized commercial use of any other party\'s Likeness; or (d) commercial disparagement or defamation.
- Other Disclaimers and Prerogatives of Sponsor
(a) Sponsor is not responsible for: (i) lost, late, misdirected, damaged, or illegible Entries; (ii) any error, 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 of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet, the Competition Website, or any other website or any combination thereof; or (iii) any injury or damage to any Entrant\'s or any other person\'s computer related to or resulting from participation in the contest.
(b) Sponsor reserves the right, in its sole discretion, to: (i) permanently disqualify from the Contest any person it believes has violated these Official Rules in any way or tampered with or abused the Contest Entry Process; and (ii) suspend, cancel, terminate or otherwise modify the Contest in any way for any reason. - LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THE COMPETITION WEBSITE OR INTERFERE WITH THE OPERATION OF THE CONTEST MAY BE PUNISHABLE BY THE CRIMINAL LAWS OF THE APPLICABLE JURISDICTION AND MAY CONSTITUTE A TORT GIVING RISE TO CIVIL LIABILITY. SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
- Winning Entry: The winning entry will be available on www.getwiththebeat.com on March 2009
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Are you an educator interested in your students entering this competition? Download the Get with the beat of High Blood Pressure Lesson Plans here


