
OFFICIAL CONTEST RULES ("Official Rules") FOR U.S. CONTEST ENTRANTS
NO PURCHASE NECESSARY TO ENTER OR WIN.
PRIZE ACCEPTANCE AGREEMENT REQUIRED.
ONE SUBMISSION/ENTRY PER PARTICIPANT.
CONTEST IS LIMITED TO INDIVIDUAL OR GROUP PARTICIPANTS. THIS CONTEST IS NOT OPEN TO CORPORATE ENTITIES OR ORGANIZATIONS OF ANY KIND.
ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED AND THE SKILL OF EACH PARTICIPANT.
VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
CONTEST DESCRIPTION:
AllHealth Insurance Services, Inc. ("Sponsor") present the "HIF 'Know Your Options' Video Contest" videographers and filmmakers to produce a :30 second audiovisual work on the topic of "knowing your options for health insurance."
All contest entrants must submit a :30 second maximum audiovisual work ("Submission") and must agree to the "HIF 'Know Your Options' Video Contest" submission terms and guidelines ("Submissions Terms") as outlined at www.healthinsurancefinders.com/video/terms.html.
Each Participant must strictly comply with the Submission Terms and these Official Rules (collectively, "Contest Rules"). All contest entrants are referred to herein as "Participants." AllHealth Insurance Services, Inc. is the sponsor of the "HIF 'Know Your Options' Video Contest." All materials, ideas, concepts and communications submitted by Participant(s) will be included in the definition of Submission.
THE GRAND PRIZE AND FINALIST PRIZES
AllHealth Insurance Services, Inc. shall evaluate and determine the top ten (10) Submissions ("Finalists"). AllHealth Insurance Services, Inc. shall post each Finalist submission on Sponsors website at http://www.healthinsurancefinders.com. Visitors to Sponsors website may vote for their favorite Finalist Submission. Subject to the Contest Rules and each Finalists? compliance therewith, the Finalist Submission with the highest number of votes (as calculated by Sponsor as of 11:59 P.M. Pacific Standard Time ("PST") on November 15, 2007) shall be deemed the grand prize winner ("Grand Prize Winner") and, if a resident of the United States, shall be awarded a grand prize of $3,000. There will be only one Grand Prize Winner, and that Grand Prize Winner will be a resident of the United States.
The "HIF 'Know Your Options' Video Contest" contest begins on September 3, 2007 and Sponsor must be notified of Submissions no later than at 11:59 P.M. PST on October 15, ("Entry Deadline"). Notwithstanding the foregoing, Sponsor reserves the right to extend the Entry Deadline in its sole discretion. The Finalists will be announced on or about October 29, 2007. The Grand Prize Winner will be certified on or about November 16, 2007.
ODDS:
Odds of winning will depend on the number of entries received, the skill of each Participant, the subjective creative preferences of Judges and the number of votes cast by way of Sponsors online website. Many people may enter but only one Grand Prize will be awarded.
ELIGIBILITY:
Only legal residents of the United States who are eighteen (18) years of age or older, at the time of entry, are eligible to enter.
To be eligible to participate in the "HIF 'Know Your Options' Video Contest", all entrants must register online at Sponsor's website and must submit a valid Submission and agree and comply with the Submission Terms and these Official Rules. Officers, directors and employees of the Sponsor and/or any vendor of goods or services thereto, their corporate parents, subsidiaries and affiliates, and each of their immediate family members (including, without limitation, those persons living in the same household of each) are ineligible to enter the "HIF 'Know Your Options' Video Contest.
BY PARTICIPATING IN THE "HIF 'Know Your Options' Video Contest," EACH PARTICIPANT REPRESENTS AND WARRANTS THAT HE OR SHE MEETS THESE ELIGIBILITY REQUIREMENTS AND HAS READ, ACCEPTS AND WILL COMPLY WITH THESE OFFICIAL RULES AND THE SUBMISSION TERMS & GUIDELINES, AND THAT ANY VIOLATION THEREOF MAY DISQUALIFY PARTICIPANT FROM THE CONTEST.
HOW TO ENTER:
THERE IS NO PURCHASE NECESSARY TO ENTER. NO ESTIMATED OR SUGGESTED COST OR RESOURCES SHOULD BE PUT INTO CREATING A SUBMISSION.
To enter the "HIF 'Know Your Options' Video Contest," it is necessary to register online and upload a valid Submission and notify Sponsor of the location (URL) of the Submission. Delivery of each Submission is the sole responsibility of each Participant; Sponsor shall have no liability for any failure (mechanical or otherwise) in connection with the process of uploading or otherwise delivering a Submission to Sponsor. Sponsor will confirm receipt of all submissions, via email, within 72 hours of receipt. To enter the contest, Participants must agree to the Submission Terms, Contest Rules and must complete and retain all associated documents required thereby (together the Submission Terms and all materials required thereby, including the release and clearance report, constitute "Entry Documents", which Entry Documents are incorporated herein by reference). Participants must retain all Entry Documents and shall submit such materials to Sponsor if chosen as a Finalist or if Sponsor chooses to acquire their Submission(s) for broadcast or if Sponsor requests such materials in order to determine the eligibility of a Submission. All Participants must complete and retain the release and clearance report as part of producing their video. Groups (excluding corporations or organizations, which are ineligible) must designate a single contact person and Sponsor may deal exclusively with that contact person. Finalists will be required to provide Sponsor with the Entry Documents completed and signed by all Participant(s) (i.e., each group member) and Sponsor may disqualify any Finalist(s) Submission that does not include all of the Entry Documents completed in all respects. Mechanically reproduced, illegible, incomplete or forged entries may be rejected by Sponsor. To be eligible, Participants must submit their Submission and agree to the Submission Terms and Official Rules by the Entry Deadline or be subject to disqualification.
A Participant may submit only one (1) Submission to the "HIF 'Know Your Options' Video Contest." There will be no notification of receipt of entries or Entry Documents or any other contest-related materials. Assurance of delivery of the Submission and Entry Documents will be the sole responsibility of the Participant(s).
OWNERSHIP / NAME AND LIKENESS / PUBLICITY:
By submitting the Submissions, Participants grant all right, title and interest in all such physical materials to Sponsor but Participants will continue to own the underlying intellectual property rights subject to Sponsor's license and rights set forth in the Submission Terms. At Sponsor's sole discretion, Submissions may or may not be published on Sponsor's website(s), telecast, broadcast or otherwise exploited by any means or manners (now or hereafter known) without any obligation to Participants except for such obligations explicitly set forth herein and in the Submission Terms. Entry in the "HIF 'Know Your Options' Video Contest" constitutes irrevocable permission for Sponsor and its licensees, and its and their successors, assigns and sub-licensees (collectively, "Licensee") to use any or all contents of the Submissions and all other materials submitted to Sponsor by Participant(s) and each Participant's name (except that the name of Tennessee residents who do not so consent will not be used for purely publicity purposes), likeness and biography for use in connection therewith, including for advertising and/or publicity purposes, worldwide and in all media and by all manners (now or hereafter known) and on and in connection with related products, services, advertising and promotional materials, in perpetuity, without further compensation or other consideration.
SELECTION OF FINALISTS AND PRIZE WINNERS:
Sponsor may, in its sole discretion, post Submissions, selected in Sponsor's sole discretion, on Sponsor's website in accordance with the Submission Terms and such posting will not be part of the judging. On or before October 29, 2007, a team of judges ("Judges"), selected by Sponsor in its sole and absolute discretion, will review and judge all eligible entries based on the following ranking criteria: 33.33% Creativity/Originality; 33.33% relevancy to the theme of the Contest; and, 33.33% Persuasiveness of the Submission. Judges will select and notify the ten (10) Finalists on or about October 30, 2007. Each Finalist or Participant must submit all Entry Documents and an affidavit of eligibility/release of liability (furnished to each Finalist with notification) to AllHealth Insurance Services, Inc. within five (5) business days of notification or within a time period to be determined by Sponsore. The failure of any Finalist(s) to comply with this requirement may result in disqualification. In the event that a Finalist(s) is disqualified for this or any other reason, Sponsor may substitute additional Participant(s) for such disqualified Finalist(s). Sponsor shall post each Finalist Submission on Sponsor?s website located at http://www.healthinsurancefinders.com. Visitors to Sponsor?s website may vote for their favorite Finalist Submission. The Finalist Submission with the highest number of votes (as calculated by Sponsor as of 11:59 P.M. (PST) on November 15, 2007) shall be deemed the grand prize winner ("Grand Prize Winner"). All decisions by Judges, including interpretation of these Official Rules and related documents, are final.
Sponsor will certify the Grand Prize Winner of the "HIF 'Know Your Options' Video Contest" on or about November 16, 2007.
PRIZE AND OPTION EXERCISE FEE:
Any Participants whose Submissions are distributed by Sponsor (but specifically excluding the Finalist), at Sponsor's sole and absolute discretion, to the general public (other than by way of Sponsors web site) will be entitled to receive a one-time Option Exercise Fee computed pursuant to subparagraph 3(a) of the Submission Terms. In the event that The Grand Prize Winner is a U.S. resident, the Grand Prize Winner shall be awarded the prize of $3,000 (the "Grand Prize"). There will be only one Grand Prize Winner, and that Grand Prize Winner will be a resident of the United States.
GRAND PRIZE WINNER NOTIFICATION AND GENERAL CONDITIONS:
The Grand Prize Winner will be notified by e-mail and/or telephone and/or mail. Sponsor will have no liability for any notification that is lost, intercepted or not received for any reason. The winning video will also be disclosed on Sponsor?s website, http://www.healthinsurancefinders.com immediately following the end date of contest. With respect to groups, Sponsor need only contact the designated contact person, who will be responsible for all communication with group members and for obtaining all necessary information, signatures and actions by group members. If the Grand Prize Winner notifications are returned as unclaimed or undeliverable to such potential Grand Prize Winner or if a prize winner fails to acknowledge receipt of the prize concerned, then the potential Grand Prize Winner may be disqualified and an alternate Grand Prize Winner will (in Sponsor's sole discretion) be selected. If any Grand Prize Winner is found to be ineligible, or if he, she or they have not complied with these Official Rules, the Submission Terms or the Entry Documents, he, she or they may be disqualified and an alternate Submission will be selected by Sponsor in its sole discretion. The Grand Prize Winner will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the Grand Prize they receive. Grand Prize Winner will be required to submit to Sponsor a completed W-9 Tax Form prior to release of award money. Sponsor will provide Grand Prize Winner with required tax forms within 24 hours of announcement of winner.
The Sponsor will not be responsible for awarding any unawarded portion of the Grand to the Grand Prize if the Grand Prize Winner, as applicable, undertake(s) activities or communicate(s) messages or images or engage(s) in speech publicly or made known publicly that: (a) are sexually explicit, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; (b) are obscene or offensive, or may create public disrepute, contempt, scandal or ridicule; (c) defame or invade publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any third party's or Sponsor's personal or intellectual property rights or contain disparaging remarks about other people or companies; (d) are inconsistent with the positive images and/or goodwill to which the Sponsor or any third party providing any portion of any prize wishes to associate (which may be determined by the Sponsor, at its sole and absolute discretion); and/or (e) otherwise violate the terms of any of the agreements that the Grand Prize Winner have agreed to comply with as an entrant of this "HIF 'Know Your Options' Video Contest."
DISCLAIMER OF WARRANTIES / RELEASE / LIMITATION ON LIABILITY:
Participant agrees that Sponsor and their respective Licensees, and each of their respective parents, subsidiaries, affiliates, distributors, licensors, licensees, representatives, attorneys and advertising and promotion agencies, and each of their respective directors, officers, employees, agents, representatives, successors and assigns ("Released Parties") (a) will not be responsible or liable for any losses, damages or injuries of any kind arising out of or related to Participant's participation in the "HIF 'Know Your Options' Video Contest" (including, without limitation, losses, damages or injuries to Participant(s)' or any other person's equipment or other property, or to their persons, related to participation in the "HIF 'Know Your Options' Video Contest"; or arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property or other rights arising out of the exercise of the license granted under in the Submission Terms; or from any typographical, human or other error in the printing, offering, selection, operation or announcement of any "HIF 'Know Your Options' Video Contest" activity and/or Grand Prize), and (b) have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the "HIF 'Know Your Options' Video Contest" and/or any Grand. Although Sponsor attempts to ensure the integrity of the "HIF 'Know Your Options' Video Contest", the Released Parties are not responsible for the actions of Participants in connection with the "HIF 'Know Your Options' Video Contest", including Participants' attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the "HIF 'Know Your Options' Video Contest". The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of California Civil Code Section 1542 and other laws requiring the intent to release future unknown claims.
The Released Parties maintain no control over the personnel, equipment, or operation of any air, water or surface carrier, ship line, bus or limousine company, transportation company, hotel, restaurant, or other person or entity furnishing service, products or accommodations as a part of the Grand Prize provided under this "HIF 'Know Your Options' Video Contest". The Released Parties shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience, or other irregularity that maybe caused or contributed to (1) by wrongful, negligent or unauthorized act or omission on the part of any of those suppliers or any of their agents, servants, employees, or independent contractors, (2) by any defect in or failure of any vehicle, equipment, instrumentality, service, product or accommodation that is owned, operated, furnished or otherwise used by any of those suppliers, (3) by the wrongful negligent, or unauthorized act or omission on the part of any other person or entity not an employee of the respective Released Parties or (4) by any cause, condition, or event whatsoever beyond the control of the Released Parties.
All Entry Documents are provided for the benefit of Sponsor and Sponsor makes no representations or warranties regarding the effectiveness and completeness of the forms or procedures required. Sponsor and Sponsor's legal counsel undertake no duties towards Participants and do not represent them in any manner. Participants are encouraged to use their own legal counsel to represent them in obtaining clearance for materials included in their Submission.
By entering the "HIF 'Know Your Options' Video Contest", Participant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with the "HIF 'Know Your Options' Video Contest," or any prizes awarded, will be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards will be limited to actual third-party, out-of-pocket costs incurred, including costs associated with entering the "HIF 'Know Your Options' Video Contest", not to exceed the amount of the Option Exercise Fee, but in no event will attorneys' fees be awarded or recoverable; (3) under no circumstances will any Participant be permitted to obtain any award for, and Participant hereby knowingly and expressly waives all rights to seek, punitive, incidental, consequential or special damages, lost profits and/or any other damages, other than actual out-of-pocket expenses not to exceed the amount of the Option Exercise Fee, and/or all rights to have damages multiplied or otherwise increased; and (4) Participant's remedies are limited to a claim for money damages (if any) and Participant irrevocably waives any right to seek injunctive or equitable relief.
SUSPENSION / MODIFICATION / TERMINATION:
Sponsor reserves the right, in its sole discretion, to modify, change, add to, delete, suspend or terminate these Official Rules, the "HIF 'Know Your Options' Video Contest", the Submission Terms, and the Grand Prize for any reason whatsoever without giving notice to Participants. Sponsor additionally reserves the right, in its sole discretion: (1) to modify, suspend or terminate the "HIF 'Know Your Options' Video Contest" should causes beyond Sponsor's control corrupt or interfere with the administration, integrity, operation, security or proper play of the "HIF 'Know Your Options' Video Contest"; or (2) to disqualify any Participant found to be, or suspected of (a) tampering with the entry process or the operation of the "HIF 'Know Your Options' Video Contest" (including without limitation the voting process); (b) acting in violation of these Official Rules; (c) in breach of the Submission Terms; or (d) acting in an unsportsmanlike manner. All Participants must check Sponsor's website regularly to determine if there have been any changes made to the Official Rules, "HIF 'Know Your Options' Video Contest", the Submission Terms or the Grand Prize.
GOVERNING LAW / JURISDICTION:
The construction, validity, interpretation and enforceability of these Official Rules, the Entry Documents or the rights and obligations of Participant(s) or Sponsor in connection with the "HIF 'Know Your Options' Video Contest" will be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other states' laws. Each party who participates in the "HIF 'Know Your Options' Video Contest" irrevocably agrees that, if a dispute arises out of or relates to these Official Rules or any Submission materials, such dispute(s) will be resolved solely by binding arbitration before a sole arbitrator, with experience in advertising or promotion and entertainment law, under the rules and regulations of the American Arbitration Association ("AAA"); provided, however, that notwithstanding the parties' decision to resolve any and all disputes arising under this contest through arbitration, Sponsor may nonetheless (1) seek to obtain injunctive relief or other equitable relief from a court to enforce the provisions of these Official Rules or the Entry Documents; (2) bring an action in court to protect or interpret any Licensee's purported intellectual property rights; and/or (3) bring an action to enforce the decision of the arbitrator before any court with jurisdiction. The arbitration will be held in San Bernardino, California. The parties expressly incorporate into these Official Rules the terms of California Code of Civil Procedure Sections 1283 and 1283.05 pertaining to pre-hearing discovery. The arbitrator will issue a written decision, and will have the power to award any legal remedies except as limited by these Official Rules, the Entry Documents or the Prize Acceptance Document.
MISCELLANEOUS:
The invalidity or unenforceability of any provision of these Official Rules, the Entry Documents or the Prize Acceptance Document will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules, the Entry Documents or the Prize Acceptance Document is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. All prizes awarded to recipients hereunder are nontransferable, non-assignable and may not be exchanged or substituted. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
GRAND PRIZE ANNOUNCEMENT:
A Grand Prize Winner announcement, as well as the total number of Submissions received, will be posted on http://www.healthinsurancefinders.com for sixty (60) days after the Grand Prize Winner are selected. The Grand Prize Winner will also be available by contacting Sponsor at the address below.
IDENTIFICATION OF SPONSOR:
This Contest is sponsored by AllHealth Insurance Services, Inc., P.O. Box 10909 San Bernardino, CA 92423.
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