THE VIRGIN PULSE “SHOW US YOUR WELLBEING” PHOTO CONTEST (“Contest”)
NO PURCHASE NECESSARY TO ENTER OR WIN.
1.1 This Contest is available only to those persons, 18 years of age or older (at the time of entry), who are legal residents of the fifty U.S. States and its territories (“Entrant(s)”, “you”, “your(s)”). VOID WHERE PROHIBITED. INTERNET ACCESS, NAME, HOMETOWN, LOCATION, AND EMAIL ADDRESS, AS PROVIDED BY YOUR FACEBOOK® ACCOUNT ARE REQUIRED TO ENTER. FREE INTERNET ACCESS IS AVAILABLE AT MANY PUBLIC LIBRARIES.
1.2 Employees of Virgin Pulse, Inc., (the "Sponsor"), any affiliate or subsidiary of Sponsor, any of its advertising or promotional agencies, any provider of any prize offered in this Contest or any business or entity involved in the development, production, implementation, administration or fulfillment of this Contest (collectively, the “Contest Parties”), and the immediate family members of any of the above (meaning spouses, parents, siblings and children living in the same household) and/or those living in the same household (whether related or not) are not eligible to enter or win.
2.1 The Contest begins June 1, 2023 at 12:00:01 AM Eastern Standard Time and ends on June 30, 2023 at 11:59:59 PM Eastern Standard Time (“Contest Period”).
- HOW TO ENTER:
3.1 Post a photo of what self-care means to you along with the hashtags #showusyourwellbeing and #employeewellbeingmonth on your Twitter or Linkedin feed (“Submission”).
3.4 Submissions will be deemed to have been submitted by the authorized account holder of the email address submitted at the time of entry. “Authorized Account Holder” is defined as the natural person who is assigned to the Linkedin or Twitter account.
3.6 By uploading a Submission, you agree that your Submission conforms to the following guidelines and restrictions (all as determined by the Sponsor in its sole and absolute discretion):
- The Submission must be family appropriate for all ages;
- The Submission must not contain material that violates or infringes another’s rights, including, but not limited to, privacy, publicity or intellectual property rights, or that constitutes copyright infringement or trade-mark infringement
- The Submission must not disparage Sponsor or any other person or party;
- The Submission must not be inappropriate, indecent, obscene, racist, hateful, discriminatory, tortuous, defamatory, slanderous or libelous.
- The Submission must not contain brand names or trade-marks other than Sponsor marks, which Entrant has a limited license to use for the sole purpose of creating and uploading a Submission in this Contest (g. any clothing worn and/or products appearing in your Photo must not contain any visible logos, trade-marks or other third party materials --- note: all identifiable third party products, trade-marks, brands and/or logos must be blurred out so as to be unrecognizable);
- The Submission must not contain material that Sponsor deems to promote bigotry, racism, hatred or harm against any group or individual or to promote discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; or
- The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where submission is created.
3.7 THE DECISION REGARDING THE APPROPRIATENESS OF THE CONTENT OF ALL SUBMISSIONS SHALL BE AT THE SOLE DISCRETION OF THE SPONSOR.
3.8 Sponsor, its SERVICE PROVIDERS AND AGENCIES AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (COLLECTIVELY, THE “RELEASEES”) WILL BEAR NO LEGAL LIABILITY REGARDING THE USE OF YOUR SUBMISSION(S) BY, OR ON BEHALF OF, THE SPONSOR. THE RELEASEES (DEFINED BELOW) SHALL BE HELD HARMLESS BY YOU IN THE EVENT IT IS SUBSEQUENTLY DISCOVERED THAT YOU HAVE DEPARTED FROM OR NOT FULLY COMPLIED WITH ANY OF THESE RULES.
3.9 The Sponsor and/or its promotional agency or designated content moderator (the “Reviewer”) will screen every Submission. The Reviewer reserves the right, in its sole discretion, to edit or modify any Submission (or a component thereof) in order to ensure that the Submission complies with these Rules or for any other reason and at any time during the Contest. If such an action is necessary, then the Sponsor reserves the right, in its sole discretion, to reset the vote count associated with the Submission to zero (or, to whatever number the Sponsor deems appropriate in its sole discretion).
3.11 By entering the Contest and submitting a Submission, you: (a) grant to Sponsor, in perpetuity, a non-exclusive license to publish, display, reproduce, modify, edit or otherwise use your Submission, in whole or in part, for advertising or to promote the Contest or for any other reason; (b) waive all moral rights in and to your Submission in favor of the Sponsor to the fullest extent permitted by law; and (c) agree to release and hold harmless the Releasees from and against any and all claims based on or related in any way to your Submission.
- WINNER SELECTION PROCESS:
4.1 Sponsor will convene a panel of 3 judges that shall review all Submissions for quality, entertainment, creativity, and relevance to the theme and shall assign a score based on each criteria. The five (5) submissions with the highest composite score shall be selected identified as eligible winners.
4.5 The Sponsor, or its designated representative(s), will make a maximum of three (3) attempts to contact the eligible winners within ten (10) business days of the end of the Contest. If the eligible winners cannot be contacted within three (3) attempts or ten (10) business days as outlined above (whichever occurs first), or if there is a return of any notification as undeliverable; then he/she will be disqualified (and will forfeit all rights to the applicable prize) and Sponsor reserves the right, in its sole and absolute discretion, to select an alternate winner based on the next highest score.
4.6 Before being awarded a prize, the eligible winner must sign and return within five (5) business days of notification a declaration and release prepared by the Sponsor, which, among other things: (a) confirms compliance with these Rules; (b) acknowledges acceptance of the prize as awarded; and (c) agrees to release the Releasees from any and all claims, damages, liabilities, costs, and expenses arising from any liability in connection with this Contest, his/her participation therein and/or the awarding and use/misuse of the prize or any portion thereof. If an eligible winner fails to do any of the foregoing, for any reason, then he/she will be disqualified (and will forfeit all rights to the Prize) and Sponsor reserves the right, in its sole and absolute discretion, to select an alternate winner based on the next highest vote score.
- PRIZES AND APPROXIMATE RETAIL VALUES (ARV):
5.1 The confirmed winners of the Contest will receive an entry to Virgin Pulse’s Thrive Summit 2023.
5.2 The approximate retail value of each prize is $1495. The total ARV of all Prizes in the Contest is $7,475.
5.3 Prizes may not be substituted, assigned and/or transferred, except Sponsor reserves the right to substitute any prize (or a component thereof) with a prize of equal or greater value for any reason. Taxes and any other expenses not listed above are responsibility of winners. Limit one (1) Prize per household. Allow 4-6 weeks after prize notification for receipt of the applicable prize. You are not a Contest winner of any prize until you receive official notification from Sponsor.
5.5 Acceptance of a prize will constitute permission to use winner's name, photo(s), hometown, likeness, statements or prize information for advertising and publicity purposes worldwide in connection with the Contest without limitation and without additional compensation, except where prohibited.
5.6 The Releasees will not be responsible for any and all Claims of any kind to or of any person or property (including, without limitation, death of any person), arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of a prize, participation in any Contest related activity, or participation in this Contest. This Contest is void where prohibited or restricted.
5.7 All Submissions become property of Sponsor.
5.8 No correspondence about Submissions will be answered. By entering, you grant permission to Sponsor, Sponsor’s parent company, subsidiaries, affiliates, partners and designees, and their respective agents and agencies, to publish, use, adapt, edit and/or modify your Submission (or any component thereof) in any way, in any and all media worldwide, in connection with the Contest without limitation.
- GENERAL CONDITIONS:
6.1 The Releasees are not responsible for and shall not be liable for: (a) electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind, including without limitation, Internet Service Provider (ISP) or other connection availability, server malfunction, failed computer, network, telephone, satellite or cable hardware or software or lines, or technical failure, or jumbled, scrambled, delayed or misdirected transmissions, computer hardware or software malfunctions or any human, mechanical or technical or electronic error which may occur in the collection and processing of Submissions and/or votes; (b) failed, incomplete, garbled or delayed computer transmissions; (c) lost, late, misdirected or incomplete Submissions, votes or personal information or mail; or (d) any condition caused by events that may cause the Contest to be disrupted or corrupted, regardless of the reason. Sponsor is not responsible for injury or damage to participants' or any other person's computer or property related to or resulting from participating in this Contest.
6.2 Sponsor reserves the right, at its sole discretion, to cancel, amend or suspend the Contest or any portion thereof (including, without limitation, amending these Rules) should viruses, bugs, technical difficulties, suspected or actual electronic tampering, or other causes corrupt the administration, security, integrity or proper play of the Contest. In the event of cancellation or suspension, notification thereof will be posted on the Page and prizes will be awarded based all eligible Submissions legitimately received immediately prior to the event(s) causing the termination or suspension. Persons who tamper with or abuse any aspect of the Contest, Page or Application, or act in violation of the Rules, or act in any manner to threaten or abuse or harass any person, or violate Page's terms of service, as solely determined by the Sponsor, will be disqualified. Sponsor is not responsible for any incorrect or inaccurate information whether caused by Page users, tampering, hacking, or by any of the programming or equipment associated with or used in this Contest. Any use of robotic, macro, automatic, programmed or like entry methods will void all such entries, and may subject that Entrant to disqualification.
6.3 The Contest, including construction, validity, interpretation and enforceability of these Rules shall be: (a) governed by the laws of the State of Rhode Island without regard to choice of law or conflict of law principles that would cause the application of the laws of any jurisdiction other than the State of Rhode Island; (b) any and all claims or judgments awarded to any parties other than Sponsors shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (c) under no circumstances will any you be permitted to obtain awards for, and you hereby waive all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
6.4 Sponsor reserves the right, in its sole and absolute discretion, and without prior notice, to adjust any of the dates and/or timeframes stipulated in these Rules, to the extent necessary, for purposes of verifying compliance by any Entrant or Submission(s) with these Rules, or as a result of technical problems, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Contest as contemplated in these Rules. All changes to these Rules will be posted in revised official rules on the Page.
- PRIZE WINNERS LIST:
7.1 For names and towns of Winners, please email email@example.com thirty (30) Days after Contest end.
8.1 Virgin Pulse, Inc., 75 Fountain Street, Providence RI, 02906
© 2023, Virgin Pulse, Inc.