THE BIOGEN FOUNDATION SPARK VIDEO CONTEST OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE.
BY PARTICIPATING IN THIS CONTEST YOU DECLARE THAT YOU HAVE READ THE OFFICIAL RULES BELOW AND THAT YOU FULLY AGREE TO ALL OF THESE TERMS AND CONDITIONS.
1. DATES OF PROMOTION: The Biogen Foundation Spark Video Contest (the "Contest") starts at 12:00 AM Eastern Time ("ET") on September 14, 2018, and ends at 11:59 PM ET on April 6, 2019 (the "Contest Period"). The Contest Period is divided into an entry period, a judging period and a voting period. The entry period starts at 12:00 AM ET on September 14, 2018, and ends at 11:59 PM ET on January 10, 2018 (the "Entry Period"). The judging period starts at 12:00 AM ET on January 10, 2018, and ends at 11:59PM ET on February 28, 2019 (the "Judging Period"). The voting period starts at 12:00 AM ET on March 1, 2019, and ends at 11:59 PM ET on March 31, 2019 (the "Voting Period").
2. ELIGIBILITY: The Prizes (as defined below) will only be awarded to a state-accredited educational institution (grades 6th through 12th, public, private or parochial) in Massachusetts or North Carolina (a "School"). Entry is made on behalf of the School named on the entry form. The Contest is open to all legal US residents physically residing in the 50 United States and District of Columbia who are at least 21 years of age or older at the time of entry (the "Nominators"). Nominators are providing an entry on behalf of their School, and the School selected will receive the Prize; no Nominator will receive a Prize. Employees and their immediate family members (parents, children, siblings or spouse, regardless of where they live; or persons living in same household, whether related or not) of Biogen Foundation Inc. (the "Sponsor"), its parent, subsidiaries and affiliated companies, advertising and promotion agencies, and any other entities directly associated with this Contest are not eligible to be a Nominator but may participate in the public voting during the Voting Period. Void where prohibited or restricted by law. All federal, state and local laws and regulations apply.
3. HOW TO ENTER: To nominate your School, go to spark.biogenfoundation.com (the "Website") during the Entry Period to access the entry form; complete the entry form with all required information including selecting the correct category for your school (Massachusetts Middle School, Massachusetts High School, North Carolina Middle School or North Carolina High School) (the "Categories") and original video between 30 seconds and 3 minutes long (in English) on the topic of biotechnology in your life (the "Entry"), and submit as instructed on-screen to receive one (1) entry into the Contest. If your entry includes someone other than yourself, you must have the permission of the individuals (or their parent's or legal guardian's permission if individuals are minors) to use their name or image in the video. Sponsor may request proof of permission at any time.
Submission of an Entry constitutes Nominator's full and unconditional agreement to these Official Rules. Incomplete Entries and Entries not complying with these Official Rules are subject to disqualification.
LIMIT ON ENTRIES: Nominators shall respect the following limit otherwise they may be disqualified: two (2) Entries per School during the Entry Period. This limit shall apply even if an Entry is rejected for non-compliance. Nominators may nominate the same School, or a different School, in each Entry.
Sponsor reserves the right to void all Entries made through any robotic, automatic, mechanical, programmed or similar Entry duplication method and to disqualify any individual using such method. Nominators may not enter with multiple email addresses nor may Nominators use any other device or artifice to enter more than two (2) times or as multiple Nominators. Any Nominator who attempts to enter with multiple email addresses under multiple identities or uses any device or artifice to enter more than two (2) times may be disqualified and his/her School may also be disqualified and forfeit any Prize, in Sponsor's sole discretion.
ENTRY REQUIREMENTS: The Entry you submit must comply in all respects with the following or your Entry may be disqualified.
· If your Entry includes someone other than yourself, you must have the permission of the individuals (or their parent’s or legal guardian’s permission if individuals are minors) to use their name or image in the submission.
· The Entry must be in English.
· The Entry must be between 30 seconds and 3 minutes in length and in one of the following formats: AVI, MOV, WMV, MP4, MPEG, FLV, 3GP, and 3G2; must be under 100 MB.
· The Entry must be original work. Modifying, enhancing or altering a third party’s preexisting work does not qualify as Nominator's own work.
· The Entry must not contain material that violates or infringes another person or entity's rights, including but not limited to, privacy rights, rights of publicity, copyright or other intellectual property rights.
· The Entry must not refer to the trademarks, brand names or product names of anyone other than Sponsor.
· The Entry must not reveal any personal information about another individual, including another person's address, phone number, e-mail address, or any other information that may be used to contact or impersonate that individual.
· The Entry must not: (a) be sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group; (b) promote violence, bigotry, racism, hatred or harm against any group or individual; or discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; (c) promote gambling, alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message; (d) be indecent, obscene, profane or pornographic; or (f) suggest or be in violation of any law.
By submitting an Entry, Nominator hereby warrants and represents that the Entry (i) complies with the Entry requirements set forth in these Official Rules, (ii) has not been previously published, and (iii) has not previously won any prizes or awards. Entries that do not comply with these Official Rules or that otherwise contain prohibited or inappropriate content, as determined by the Sponsor in its sole discretion, may be disqualified and will not be considered for the Contest. Sponsor reserves the right, but no obligation, to monitor/screen Entries prior to posting them to the Website. Sponsor has no obligation to post any Entry submitted.
BY SUBMITTING AN ENTRY, NOMINATOR ACKNOWLEDGES THAT THE ENTRY MAY BE POSTED ON SPONSOR’S WEBSITE OR IN OTHER MEDIA AT SPONSOR'S DISCRETION. Nominator agrees that his/her Entry is freely made, without restriction, and that Sponsor is free to post, disclose or otherwise use the ideas without any compensation to the Nominator or Nominator’s School. Submission of an Entry grants Sponsor and Released Parties (defined below) an irrevocable, unlimited, worldwide, perpetual license and right to reproduce, publish, use, modify, edit, excerpt, and publicly display and perform the Entry in any way, in any and all media, now known or created in the future, without any right to review or approve any use or changes, and without consideration to the Nominator or the School.
ENTRYS POSTED TO THE WEBSITE ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL NOMINATOR AND DO NOT REFLECT THE VIEWS OF SPONSOR OR THE SCHOOLS IN ANY MANNER. Once an Entry is entered into the Contest, any such posting will be deemed made at the direction of the Nominator within the meaning of the Digital Millennium Copyright Act and the Communications Decency Act. If you think that any Entry infringes on your intellectual property rights, click here if you wish to report it.
MOBILE DEVICES: If you participate via a smart phone or other mobile device, message and data rates may apply. Not all cellular service providers offer the service necessary to participate in this Contest through a mobile device. Please check with your provider for specific capabilities, charges and pricing plans.
4. PRIZES: Grand Prize (8): Eight (8) Grand Prize Winners will each receive ten thousand dollars ($10,000 USD), awarded in the form of a check payable to the School and three (3) GoPro HERO5 Session video cameras. The Approximate Retail Value (“ARV”) of the Grand Prize is $10,300. First Prize (12): Twelve (12) First Prize Winners will each receive one thousand dollars ($1,000 USD), awarded in the form of a check payable to the School. ARV: $1,000. Second Prize (200): Two hundred (200) Second Prize winners will receive five hundred dollars ($500 USD), awarded in the form of a check payable to the School.
PRIZE CONDITIONS: Limit one (1) Grand Prize, OR one (1) First Prize OR (1) Second Prize per School. By accepting a Prize, each School consents to the use of its name, city and state where located and photograph for advertising/publicity purposes in commerce and in any and all media worldwide, without limitation, and without right to approve or additional compensation, except where prohibited by law. Prizes are non-transferable. Prizes are subject to state, local, municipal, and federal laws and limitations that may apply. Any taxes on Prizes are the responsibility of the School.
5. WINNER SELECTION:
Judging and Finalist / First Prize Winner Selection: At the end of the Entry Period, all Entries will be judged by an independent panel of judges selected by Sponsor based on the following judging criteria: (1) Quality (25%); (2) Relevance to Contest Theme (25%); and Creativity / Originality (50%) (the "Judging Criteria"). The five (5) Entries in each Category with the highest total scores based on the Judging Criteria will be deemed the potential "Finalist Entries," subject to confirmation of eligibility (the "Finalist Entry"). In the event of a tie, a tie breaker will be based on the highest score in the Creativity / Originality category. If still tied, the Entries with the tied score will be reviewed head-to-head by the judges until a finalist is selected. All Finalist Entries will be considered First Prize winners.
Public Voting and Grand Prize Winner Selection: During the Voting Period, all legal US residents physically residing in the 50 United States and District of Columbia who are at least 13 years of age or older at the time of voting will have the opportunity to vote for their favorite Finalist Entry by visiting the Website and following the on-screen instructions to register and vote for an Entry. Limit one (1) vote per person, per category, per day. Sponsor reserves the right to nullify any votes made through use of robotic, macro, automatic, programmed, proxy votes or like voting methods and to disqualify from voting the responsible individual, in Sponsor's sole discretion. Any attempt by any voter to vote more than the number of times authorized herein using multiple/different names, email addresses, identities, and/or any other fraudulent mechanism or method, as determined by Sponsor in its sole discretion, shall give Sponsor the right to void those votes and disqualify that voter. Nominators and/or Nominators' family/friends and officials from Schools are prohibited from obtaining votes by any inappropriate means, including, but not limited to, offering prizes or other inducements to members of public, paying a third-party service to vote for or obtain votes for a particular Entry, collaborating with other individuals or groups to trade votes, utilizing paid media amplification, or otherwise acting in contravention of these Official Rules, as determined by Sponsor, in its sole discretion, and Sponsor reserves the right to nullify any such votes, and to disqualify the responsible Nominator and his/her Entry from the Contest. Votes sent from foreign IP addresses may be disqualified, in Sponsor's sole discretion. At the end of the Voting Period, the Entry with the most eligible votes in each Category will be the potential winner of a Grand Prize, subject to verification. In the event of a tie, the tied Finalist Entry that received the highest score from the independent judges during the selection of the Finalist Entries will be declared the winner. Two additional Grand Prize Winners will be selected by a Sponsor selected panel of judges in a separate voting round from among all eligible entries.
Second Prize Winner Selection: The first two hundred (200) valid Entries submitted into the Contest will receive a Second Prize.
6. NOTIFICATION: The potential winning Schools will be notified by telephone and/or email around April 9, 2019. Subject to Sponsor's sole discretion, should a potential winning School be unwilling or unable to accept the Prize under the conditions stated in these Official Rules, or if a potential winning School cannot be contacted within three (3) days of initial attempt and/or fails to respond to any notification attempt within three (3) days, or if any attempted notification or prize delivery is returned as undeliverable, the prize will be forfeited. Such potential winning School will be disqualified and the Finalist Entry with the next highest number of votes will be deemed the potential winning School.
TO CLAIM PRIZE: Prior to accepting a Prize on the School's behalf, the principal or other authorized representative of the School must sign and return within fourteen (14) days of issuance any required documentation, including, but not limited to, an unmodified Affidavit of Eligibility and Liability Release and a Publicity Release (where permitted by law). Each Nominator must also sign and return within fourteen (14) days of issuance any required documentation, including but not limited to, an unmodified Publicity Release (where permitted by law).
Sponsor will attempt to notify the potential winners as set forth above, but Sponsor is not responsible for any change of contact information of Nominators or Schools or for any undelivered emails, including without limitation e-mails that are not received because of a winner's privacy or spam filter settings which may divert any Contest e-mail, including any winner notification e-mail, to a spam or junk folder. Each Prize will only be awarded to a verified winner. In no event will more than the stated number of Prizes be awarded. If for any reason, more Prize notices are sent, or more Prizes are claimed, than are intended to be awarded, Sponsor reserves the right to award the actual number of Prizes through a random drawing from among all verified and validated Prize claims received.
Prizes not claimed by eligible Schools in accordance with the Official Rules will not be awarded and will remain the property of Sponsor.
7. GENERAL RULES OF PARTICIPATION: No purchase necessary to enter Contest or win a Prize. This Contest is subject to all applicable federal, state, local and municipal laws. By participating, you agree to be bound by these Official Rules and the decisions of the Sponsor, and waive any right to claim ambiguity in these Official Rules. Sponsor is not responsible for lost, late, misdirected, undeliverable or incomplete Entries.
Sponsor reserves the right to disqualify any Nominator and/or Entry that Sponsor determines, in its sole discretion, violates these Official Rules. Sponsor reserves the right, in its sole discretion, to cancel, terminate, suspend and/or modify the Contest, or any part of it, at any time, without notice. If for any reason this Contest is not able to be conducted as planned, including, but not limited to, by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud or any other causes beyond the reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, then Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest, or any part of it, and award the Prizes from valid Entries received up to the termination or suspension date.
In the event of a dispute regarding the identity of an individual who actually submitted an online Entry, the Entry will be deemed submitted by the Authorized Account Holder (defined below) of the e-mail account provided in the Entry Form. "Authorized Account Holder" is defined as the natural person who is assigned to an e-mail account by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Potential winner may be required to show proof of being the Authorized Account Holder.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
8. INTERNET LIMITATIONS OF LIABILITY: Sponsor is not responsible for: failures or malfunctions of phones, tablets, computers or other hardware or devices (each a "Device"); phone lines, cellular systems or telephone or data transmission systems; interrupted or unavailable networks, server or other connections; any error, omission, interruption, defect or delay in any transmission or communication; traffic congestion on the Internet; or any technical problem, including but not limited to any injury or damage to any person's Device related to or resulting from Contest participation.
9. NO LIABILITY; RELEASE AND INDEMNIFICATION: By entering, entrants and winners agree to release, discharge, indemnify and hold harmless the Sponsor and its parent, subsidiaries and affiliated companies, contractors, distributors, sales representatives, vendors, advertising and promotion agencies, prize providers and any other entities directly associated with this Contest, and each of their respective officers, directors, employees, representatives and agents (collectively, the "Released Parties") from and against any claims made by entrants, or by any third parties, related in any way to the operation of this Contest, as well as any other claims, damages, charges, fines or liability due to any injuries, damages or losses to any person (including death) or property of any kind, or any claims of violation of rights of publicity or privacy, defamation or portrayal in a false light, resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of a Prize or participation in this Contest or in any Contest-related activity. The Released Parties shall have no liability for any problems or errors of any kind whether computer, network, mechanical, human, electronic, typographical, printing or otherwise relating to or in connection with the Contest.
10. DISPUTES: THIS CONTEST IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE COMMONWEALTH OF MASSACHUSETTS, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN MIDDLESEX COUNTY, MASSACHUSETTS. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEYS' FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. PARTICIPANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY PARTICIPANT AND/OR RELEASED PARTIES AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DEMAND MUST BE FILED WITHIN ONE (1) YEAR FROM THE END OF THE CONTEST PERIOD, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
11. PUBLICITY RELEASE: Each Nominator whose Entry wins a prize for Nominator's School consents to the use of his/her name, photograph, likeness, biographical information, and voice for promotional purposes and in advertising worldwide without approval rights or additional compensation, except where prohibited by law.
12. WINNERS LIST REQUEST: To request the name of the prize winners, please email email@example.com by May 31, 2019.
13. SPONSOR: Contest is sponsored by Biogen Foundation Inc., 225 Binney St., Cambridge, MA 02142. Sponsor is solely responsible for all aspects of this Contest.