NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
In addition to the U.S. execution of this contest, entries will be accepted from other non-U.S. countries, and winners will be judged based on all entries received worldwide.
1. THE CONTEST. The contest is open to legal U.S. (including the District of Columbia) residents who have been diagnosed with hemophilia A. Individuals who have not reached the age of majority in their state of residence (i.e. who are under the age of 18 or 19 in Alabama and Nebraska) must have signed approval from a parent or legal guardian to enter this contest, and all minor entrants’ parents/legal guardians will be required to sign all contest-related documentation. Void outside of the United States (and the District of Columbia) and where prohibited by law. All federal, state, and local laws and regulations apply. Employees of Baxter Healthcare Corporation (the “Sponsor”), Porter Novelli, Inc. and their dealers, affiliates and subsidiaries; their advertising, promotion, and fulfillment agencies; and members of the immediate family or household of each of the above are not eligible to participate. Contest starts at 12:00:01 a.m. United States of America Eastern Standard Time (EST) on January 14, 2008 and ends at 11:59:59 p.m. Eastern Daylight Time (EDT) on April 15, 2008 (“Promotion Period”).
2. HOW TO ENTER. If you are 18 or older, you may enter the contest one of two ways: via mail or online. If you are under 18, you need signed approval from a parent or legal guardian to enter this contest and can only enter the contest via mail. Mail Entry: During the Promotion Period, fill out an Official Entry Form, complete the information requested in the information fields (first name; middle initial; last name; address; country; month/year of birth; telephone number, including area code; e-mail address) and follow the printed directions to submit your photograph and a 25-50 word explanation as to how the photograph fits the theme, “Picture Your Tomorrow, Today” (all photographs [whether in digital or non-digital format] and all explanations shall be collectively referred to in these rules as “Submissions” or each as a “Submission”). When your entry is complete, mail the entry form along with the Submission to: Baxter’s “Picture Your Tomorrow, Today” Global Photo Contest, c/o Porter Novelli, 75 Varick Street, 6th Floor, New York, NY 10013. Online Entry: Visit www.pictureyourtomorrow.com and click on the Official Entry Form button. Fill out all of the required contact information fields and include the 25-50 word explanation of how the photo fits the theme. Then, upload the photograph, which is limited to JPEG or GIF format, in a file size no less than 1MB and no greater than 2MB per photograph. Individuals under the age of 18 cannot enter the contest online. Once submitted, a Submission cannot be deleted, canceled or modified. Online and mail entries that have not been completely filled out will be disqualified. Limit one entry per person. If you attempt to submit more than one entry, you will be disqualified. You may enter the Contest under one name and one e-mail address only. All entries must be received by 11:59:59 p.m. EDT on April 15, 2008.
3. ELIGIBLE PHOTOGRAPHS: Limit one Submission per person. All costs incurred through any entries being sent via mail are solely the “Entrant’s” (refers to the person who submits the photograph) responsibility and must be paid at the time they are sent. Proof of postage shall not be proof of entry and the Sponsor accepts no responsibility for missing entries. Photographs should reflect the theme, “Picture Your Tomorrow, Today” by capturing images that demonstrate how a person with hemophilia A envisions his future. Photographs can be paper format or in digital format. By entering, each entrant warrants and represents the following with respect to their Photographs: (a) entrant is the sole and exclusive owner of the Photograph (or if the Photograph was taken by someone other than entrant, entrant has acquired all rights necessary to use and submit the Photograph in connection herewith); (b) the Photograph is entrant’s own creation and is 100% original; (c) the Photograph will not infringe on any rights of any third parties; and (d) any third parties appearing in the Photograph (other than entrant) have given entrant appropriate consent to be filmed and used as permitted herein. No copyrighted material (including TV clips, commercials, music, shared videos, etc.) will be considered in this contest without permission from the copyright owner. Any violation of the copyright laws will result in the removal of the entry and forfeit of entry. The Sponsor assumes no responsibility for any claims of infringements of rights to privacy or personality, and all such liability shall remain with the entrant. If in paper format, the Photographs must be 4-by-6 inches and of exhibition quality print. All contestants entering via mail are asked to retain the original image or negatives of the submitted image until at least June 30, 2008. All submitted Photographs, negatives, disks and explanations will become property of Baxter Healthcare Corporation. Entries will not be acknowledged or returned.
Photographs will be judged by an international panel of independent “Judges” and one (1) winner will be selected in each age category for a total of two (2) winners. Age category 1: entrants are 14 years of age and under (at time of submission); Age category 2: entrants are 15 years of age and older (at time of submission). All Judges will be appointed by the organizers and will have the requisite skill and experience to be able to properly apply the judging criteria set forth below. The names of the Judges will be available on request.
Photographs will be judged by an international panel of independent "Judges" and one (1) winner will be selected in each age category, for a total of two (2) winners. Age category 1: 14 years of age and under (at time of submission); Age category 2: 15 years of age and older (at time of submission). All Judges will be appointed by the organizers and will have the requisite skill and experience to be able to properly apply the judging criteria set forth below. The names of the Judges will be available on request.
4. JUDGING CRITERIA: Two winning Submissions (one from each age category, as specified above) will be selected by the Judges based on the following judging criteria: the photograph’s and explanation’s relevance to the contest theme, “Picture Your Tomorrow, Today;” level of creativity and original thought conveyed through the photograph; and technical elements of the photograph, including focus, composition, sharpness and clarity.
5. PRIZES AND ODDS OF WINNING: Two (2) grand prize winners will be selected from the pool of all eligible entries (one from each age category) by the Judges and notified by May 1, 2008. Names of the two winners will be posted on www.pictureyourtomorrow.com at latest, on May 26, 2008. Prize package: Each winner will receive a trip for two to the World Federation of Hemophilia’s (WFH) 2008 Congress, scheduled to take place in Istanbul, Turkey June 1-5, 2008. Winning Submissions will be displayed in Sponsor’s booth at WFH 2008. Prize trip to WFH 2008 includes roundtrip coach-class air transportation for two people, ground transportation, hotel accommodations (single room, double occupancy) and WFH 2008 registration fees for two people at a value not to exceed $5,000 (USD) per winner. Winners are responsible for all expenses not listed herein, including without limitation, meals, taxes, upgrades, gratuities and incidental expenses for themselves and their guests. Any winner that is considered a minor in his/her jurisdiction of residence must be accompanied by his/her parent/legal guardian on the trip. If any winner cannot travel on the dates specified above, the prize will be forfeited and will be awarded to the entrant with the next highest score. All travel and accommodations subject to availability. Restrictions/black out dates may apply. Travel/hotel accommodations and transportation arrangements are at the sole discretion of the Sponsor. Actual value of the trip prize depends upon the city/date/time of departure. No refund or compensation will be made in the event of the cancellation or delay of any flight. Sponsor shall not be responsible for any acts or omissions whatsoever by the air carriers, hotels or other transportation companies or any other persons providing any of the foregoing services and accommodations to passengers including any results thereof such as changes in services or accommodations necessitated by same. Sponsor shall not be liable for any loss or damage to baggage.
There shall be no cash or prize substitutions for U.S. residents. In addition to two grand prizes, up to ten (10) honorable-mentions may be awarded. Submissions receiving honorable-mention will not receive a prize, but their Submissions may be displayed in the Sponsor’s booth at the WFH 2008. The selection of winners and awarding of all prizes will be conducted under the supervision of the Judges, whose decisions are final and binding in all respects. By submitting an entry, each entrant agrees to be bound by these Official Rules and all decisions of the Sponsor and Judges.
6. GENERAL CONDITIONS. No purchase is necessary to enter the competition. Winners will be notified via phone, e-mail or mail (at Sponsor’s sole discretion), and will be required to sign and return an Affidavit of Eligibility and Release of Publicity and Liability within seven (7) days of notification. In the event that a winner has not reached the age of majority in his/her state of residence (i.e. is under the age of 18 or 19 in Alabama and Nebraska), the Affidavit of Eligibility and Release of Publicity shall be signed on the winner’s behalf by his/her parent or legal guardian, and that parent or legal guardian shall be solely responsible to the Sponsor for all legal obligations and liability, including with respect to privacy and copyright, on behalf of the Winner, as provided for in these Contest Rules and under applicable law. Prize tickets and vouchers (if applicable) will be shipped to the address on the winner’s registration form. The prize will be forfeited and an alternate winner may be selected, in the event of any of the following: noncompliance of a winner with these Official Rules, as determined in the sole discretion of the Sponsor; if a winner cannot be reached at the mailing address on the winner’s Submission; if a prize or prize notification is returned as unclaimed or is undeliverable for whatever reason beyond the control of Sponsor, that prize will be forfeited and an alternate winner will not be selected. Unclaimed prizes will not be awarded. No prize transfer is permitted. All taxes, fees, and surcharges on prizes are the sole responsibility of each winner.
7. RELEASE, PRIVACY, AND RIGHTS CLEARANCE.By participating in this Contest, each Entrant agrees that if selected as a winner, he/she (through his/her parent/legal guardian if applicable) grants to Sponsor (and agrees to confirm that grant in writing) and those acting pursuant to the authority of Sponsor, the right now and at any time in the future, to print, publish, broadcast, and use worldwide in any media now known or hereafter developed, including, but not limited to, the World Wide Web, at any time, the winning Submission (including photograph and explanation), the winner’s name, portrait, picture, voice, likeness, statements, and biographical information, including the fact that he/she has hemophilia A, as news or information and for advertising and promotional purposes without additional compensation or notice.
Upon mailing or sending online the application form, entrants will have provided their personal information to the Sponsor. All personal information collected will be used in accordance with Sponsor’s privacy policy available at www.pictureyourtomorrow.com. The Sponsor and its agents are responsible for collecting, storing, processing and transferring the Entrants’ personal information, and by entering this Contest, each Entrant consents to this collection, use and disclosure of their personal information. By marking the relevant box in the entry registration form, entrants also consent to the Sponsor and/or its agents processing their information for the purposes of advising entrants of other promotions, and new products and services; and for future market and quality control analysis. Entrants shall have the right to consult, and request rectification of, their personal information as held by the Sponsor. Requests for same should be made to the Sponsor at the address below, and directed to the attention of the Privacy Officer. By providing the Submission to the Sponsor, all entrants hereby assign and transfer any and all intellectual property rights in and to their respective Submissions (including, but not limited to copyrights) to the Sponsor, and waives any moral rights in the Submission, to the full extent permitted by law. Without limiting the generality of the foregoing, this assignment shall provide the Sponsor with all rights to publish, reproduce and exhibit the Submission and to transmit the Submission to the public, on a worldwide basis, in any format now known or hereafter devised. In addition, each entrant warrants and represents to the Sponsor that their respective Submission does not infringe any copyright interest of any third party and that the Submission is not defamatory or obscene and does not violate any laws relating to hate speech. The Sponsor reserves the right to exclude any Submission that it or the judges deems inappropriate for any reason, including but not limited to for concerns relating to the rights of third parties that may relate to privacy, copyright, defamation, rights of personality, obscenity, hate speech or any other third-party interest, as determined by the Sponsor in its sole discretion.
8. RELEASE OF LIABILITY. All entrants agree to hold harmless and release Baxter Healthcare Corporation; Porter Novelli, Inc.; participating retailers; and their parent companies, related affiliates, and subsidiary companies; and the officers, directors, agents, and employees of each, and all others associated with the development and execution of www.pictureyourtomorrow.com and contest from any and all liability with respect to or in any way arising from this contest; participation in any contest-related activity; and/or delivery/misdelivery, acceptance, possession, use or misuse of a prize, including, but not limited to, liability for personal injury, bodily injury including and without limitation wrongful death or disability, damage to property, and damage or loss of any other kind, and from any and all liability based on copyright infringement, trademark infringement, rights of privacy, rights of publicity, moral rights and/or any other intellectual property rights. In the event that any entrants have not reached the age of majority in his/her state of residence (i.e. under the age of 18 or 19 in Alabama and Nebraska), such entries will be deemed to have been submitted by such entrants’ parents or legal guardians, and such parents or legal guardians shall be responsible for compliance with these rules and executing any further releases and any required consents to the collection, use and disclosure of the minor’s personal information that may be required in connection with this contest. Sponsor is not responsible for any incorrect or inaccurate information, whether caused by Web site users, by any of the equipment or programming associated with or used in the contest or by any technical or human error that may occur in the processing of entries to the contest. Sponsor assumes no responsibility for any error; omission; interruption; deletion; defect; delay in operation or transmission; communications-line failure; or theft of, destruction of, unauthorized access to or alteration of entries. Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines; computer online systems, servers or providers; computer equipment; or computer software or for failure of e-mail or entry on account of technical problems or traffic congestion on the Internet or at any Web site or combination thereof, including injury or damage to entrants’ or any person’s computer related to or resulting from participating or downloading materials from this Web site or contest. Sponsor is not responsible for user cheating or fraud by any entrants. Any activities intended to disrupt or interfere with the proper conduct of the contest or defraud Sponsor in any way will be prosecuted to the fullest extent of the law. Entrants who engage in any of the foregoing activities will be disqualified and will forfeit any prizes won. If, for any reason, the contest is not capable of running as planned due to, but without limitation, infection by computer virus, worm or bug; tampering; unauthorized intervention; fraud; technical failures; cancellation of WFH 2008, terrorism, war, political unrest or any other causes beyond the control of the Sponsor that, in the sole opinion of the Sponsor, could corrupt or affect the administration, security, fairness, integrity or proper conduct of the contest, the Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the contest.
9. DISPUTES. THIS CONTEST IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF ILLINOIS, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in the contest, each entrant agrees that without resort to any form of class action shall be submitted to the International Institute for Conflict Prevention & Resolution (CPR) for mediation, and if the matter is not resolved through mediation, then it shall be submitted to CPR for final and binding arbitration pursuant to the arbitration clause set forth below.
Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability for this agreement to arbitrate, shall be determined by arbitration in Cook County, Illinois, before three arbitrators and in the English language. The arbitration shall be administered by the International Institute for Conflict Prevention & Resolution (CPR) pursuant to its Arbitration Rules and Procedures. Discovery shall be limited to that expressly authorized by the arbitrators upon a showing of substantial need, and the party requesting discovery shall bear the costs and/or fees relating to the discovery. The parties shall not utilize any other discovery mechanisms, including international processes and U.S. federal statutes, to obtain additional evidence for use in the arbitration. The award, reached as a result of the arbitration, shall not include punitive damages nor damages in excess of compensatory damages and shall be final and binding. Either party may seek to confirm and enforce any final award entered in arbitration in any court of competent jurisdiction. This arbitration provision, and the arbitration itself, shall be governed by the laws of the State of Illinois, USA and the Federal Arbitration Act, 9 U.S.C. §§ 1-16.
10. WINNERS LIST. For the names of the two winners, send a self-addressed, stamped envelope to Baxter’s “Picture Your Tomorrow, Today” Global Photo Contest, c/o Porter Novelli, 75 Varick Street, 6th Floor, New York, NY 10013, for receipt by May 26, 2008.
11. SPONSOR. Baxter Healthcare Corporation, 1 Baxter Parkway, Deerfield, IL 60015.
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