NO PURCHASE NECESSARY
PROMOTION DESCRIPTION: The Go Red Challenge (the “Challenge” begins on or about 12:01 AM Eastern Time (“ET”) on January 23, 2014 and ends at 6 P.M. EST on March 7, 2014 (the “Challenge Period”). The Challenge provides participants with the opportunity to submit a photo (the “Submission”) showing their most spirited “Go Red” action in one of fiver (5) categories as described below for consideration. Eligible Submissions will be posted online for members of the general public to view and “like” on Facebook and the Challenge page. The Challenge will conclude Mar. 7, 2014. The Challenge is conducted by the American Heart Association, Inc., 7272 Greenville, Ave., Dallas, TX 75231 (“AHA”). By participating in the Challenge, each participant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of AHA, which shall be final and binding in all respects.
ELIGIBILITY: Challenge is open only to legal residents of the fifty (50) United States and the District of Columbia who are eighteen (18) years of age or older at time of entry. Employees, officers and directors of AHA , its advertising, promotion, or production agencies, and web masters/suppliers (collectively, the “Challenge Entities”), and each of their immediate family members (spouse, parents, children, siblings) and/or individuals residing in the same household of each (whether or not related), are not eligible to participate. Void where prohibited by law.
Each Submission must be entered into one (1) of the following categories (each, a “Category” and collectively, the “Categories”
- I Go Red
- We Go Red
- Offices Go Red
- Buildings Go Red
- Cities Go Red
Each Submission that is entered into the Challenge must meet the following “Submission
Requirements” (any Submission that, in AHA’s sole and absolute discretion, violates the following criteria will be disqualified):
- Photos must be submitted in one of the following formats: jpeg, .gif and .png.; and
Size of Upload:
- Each upload has a maximum size of 20 MB. The upload can be of one image or multiple images. A user can upload unlimited times 20 MB at a time.
- Submissions must NOT contain material which is (or promoting activities which are) sexually explicit, obscene, pornographic, violent, self-mutilating (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g. underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, or harassing; or material that contains any derogatory references to any Challenge Entities;
- Submissions must not contain or transmit any materials that contain software viruses or other computer code, files or programs designed to impair, limit, interfere with or cause harm to any communications network operated by any of the Challenge Entities or the computers of any individual or entity participating in or otherwise associated with the Challenge;
- Submissions must not contain or otherwise make available any unsolicited or unauthorized advertising, “commercial pitch,” promotional materials, junk mail, spam, pyramid schemes, or any other form of solicitation;
- Submissions must NOT have been previously submitted to another Challenge or submitted to any entertainment entity that would conflict with this Challenge, as determined in the Challenge Entities’ sole discretion;
- Submissions must NOT include third party trademarks, logos, insignia, location signage, photographs, artwork, or sculpture, except for those belonging to AHA, nor the names and likenesses of other individuals without their written consent that is provided to AHA as required below;
- Submissions must be entirely original to the entrant and must NOT include mention or performance of any copyrighted media production including but not limited to music, films, books, television programming, etc., or identifying descriptions of any media property;
- Submissions must NOT include third parties/people, who have not expressly authorized (or, if minors, whose parents have not expressly authorized) entrant to display their image in the Submission or otherwise use such image in accordance with these Official Rules. Third Parties include but are not limited to celebrities and friends. Entrants should be able to provide on request all appropriate clearances, permissions and releases for the Submission, including releases from all persons appearing in the Submission and location releases as required by law. In the event an entrant cannot provide all required releases, AHA reserves the right, in AHA’s sole discretion, to disqualify the applicable Submission, or seek to secure the releases and clearances for AHA’s benefit; and
- Submissions must comply with AHA’s Terms and Conditions found on this page and with Facebook’s Terms located at http://www. facebook.com/legal/terms.
The Challenge Page is the official timekeeping device for this Challenge. No automated entry devices and/or programs permitted. Entries generated by a script, macro or other automated means will be disqualified. Each participant must be the rightful owner of the Facebook account used to access the Challenge. Participants must provide all information requested to be eligible to win. Incomplete, unreadable, or unintelligible entries will be disqualified. Entries will not be returned or acknowledged by the AHA.
REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION: Each person who enters this Challenge represents and warrants as follows: (i) the Submission is the participant’s own original, previously unpublished, and previously unproduced work; (ii) the Entrant has the written permission of all persons appearing in the Submission to enter the Submission into the Challenge; (iii) as of the date of submission, the Submission is not the subject of any actual or threatened litigation or claim; (iv) the Submission does not and will not violate or infringe upon the intellectual property rights or other rights of any other person or entity; and (v) the Submission does not and will not violate any applicable laws, and is not and will not be defamatory or libelous. Each participant hereby agrees to indemnify and hold the Challenge Entities harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all claims, damages, injuries, death, liabilities, losses, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of participant hereunder.
GRANT OF RIGHTS: Each entrant into the Challenge hereby irrevocably grants to AHA, its designees, affiliates, successors and assigns, the non-exclusive, irrevocable, fully paid, universal license to use, copy, sublicense, transmit, distribute, publicly perform, publish, delete or display the Submission in any media now known or hereafter devised including, but not limited to all forms of electronic media, print media and all forms of internet and wireless protocol in perpetuity and throughout the universe for advertising, marketing, publicity and promotional purposes in connection with the Challenge and other promotions. AHA shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Submission for any purpose which AHA deems necessary or desirable, and each entrant irrevocably waives any and all so-called moral rights they may have therein.
PUBLICITY RELEASE: By participating in the Challenge, in addition to any other grants which may be granted in any other agreement entered into between AHA and any participant in or winner of the Challenge, each participant irrevocably grants the AHA and its designees and their respective successors, assigns and licensees, the right to use such participant’s name, likeness, and biographical information in any and all media for any purpose, including without limitation, advertising and/or promotional purposes as well as in, on or in connection with the Challenge Page or the Challenge or other promotions, and hereby release the AHA from any liability with respect thereto.
PUBLIC VOTING AND WINNER SELECTION/NOTIFICATION: During the Challenge Period, Submissions that are approved by AHA will be made available for viewing on the Challenge Application. To vote on a Submission, go to the Facebook Page or GoRedforWomen.org/WearRedDay. For Facebook, “Like” the page, if you have not already done so, and locate the Challenge Application. Once at the Challenge Application, you can view all eligible Submissions and vote on submissions which are your favorite. The user is not limited to one vote per category or submission. Entrants will be disqualified if automatic voting software is used in their favor. Submission favorites as determined by AHA may be featured on the Go Red for Woman Facebook page or other AHA properties. There is no prize associated with being selected as a Category winner. Category winners’ Submissions will be featured throughout AHA online properties, AHA brand outlets as well as AHA branded materials.
GENERAL: Participants agree that the Challenge Entities (a) shall not be responsible or liable for any losses, damages or injuries of any kind resulting from participation in the Challenge or any Challenge-related activity, and (b) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to the prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. Challenge Entities assume no responsibility for any damage to a participant’s computer system which is occasioned by accessing the Challenge Page or participating in the Challenge, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, AHA is not responsible for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. AHA reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Challenge or the Challenge Page, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Challenge, or to annoy, abuse, threaten or harass any other person, and AHA reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. In the event AHA is prevented from continuing with the Challenge as contemplated herein by any event beyond its control, AHA shall have the right to modify, suspend, or terminate the Challenge. If the Challenge is terminated for any reason before the designated end date, AHA will (if possible) select the winners from all eligible, non-suspect submissions received as of the date of the event giving rise to the termination. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
NO OBLIGATION TO USE: AHA shall have no obligation (express or implied) to use any Submission, or to otherwise exploit any Submission or, if commenced, to continue the distribution or exploitation thereof, and AHA may at any time abandon the use of any Submission for any reason, with or without legal justification or excuse, and Challenge entrants shall not be entitled to any damages or other relief by reason thereof.
FURTHER DOCUMENTATION: If AHA shall desire to secure additional assignments, certificates of engagement for the Submission or other documents as AHA may reasonably require in order to effectuate the purposes and intents of these Official Rules, then each participant agrees to sign the same upon AHA’s request therefore.
GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF PARTICIPANTS OR AHA IN CONNECTION WITH THE CHALLENGE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF NEW YORK WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
THE CHALLENGE IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK. FACEBOOK IS COMPLETELY RELEASED OF ALL LIABILITY BY EACH ENTRANT IN THIS CHALLENGE. Direct any questions/ comments/complaints regarding the Challenge to AHA, not Facebook.