MERCY HEALTH CENTER OF YOUR UNIVERSE CONTEST OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. ENTRY MUST NOT CONTAIN ANY THIRD-PARTY TRADEMARKS, LOGOS, TRADE DRESS OR PROMOTION OF ANY BRAND, PRODUCT, OR SERVICE.
ELIGIBILITY: The Mercy Health Center of Your Universe Contest (the “Contest”) begins on August 1, 2018 at 12:00 a.m. Eastern Time (“ET”) and ends on September 30, 2018 at 11:59 p.m. ET (“Contest Period”). The time shall be determined by Sponsor’s timekeeping systems. Sponsor shall have the sole discretion in determining the timeliness of any action or inaction related to this Contest.
The Contest is open to legal residents of the contiguous United States (including the District of Columbia but excluding Hawaii and Alaska) who are eighteen (18) years old and the age of majority in their jurisdictions of residence as of the date of entry. Void where prohibited. Healthcare providers, employees of Mercy Health (“Sponsor”) and their respective parent companies, subsidiaries, affiliates, advertising agencies, public relations agencies, prize suppliers, including any vendors providing services in connection with this Contest (collectively, the “Sponsor Affiliates”), and employees, agents, directors, officers of Sponsor or any Sponsor Affiliates are not eligible to participate in the Contest. Contest is subject to all applicable federal, state, and local laws.
TO ENTER: Complete the following steps during the Contest Period:
1. Post an entry to www.universe.mercy.com (the “Microsite”) and nominate the individual who is the “Center of your Universe” (each, a “Submission”);
2. Your Submission and any posting or reposting of your Submission on social media must include the tag @mercy_health and the hashtag #MercyContest;
3. Enter all required information (including your name, date of birth, email address, and phone number) and follow all posted instructions to enter; and
4. Visitors to the Microsite will be allowed to vote on each Submission once per day during the Contest Period.
In the planning, creation, and distribution of your Submission, you warrant and represent that you will abide by all laws, regulations, and ordinances and that you will not harm, attempt to harm, or threaten to harm any person (including yourself) or property. You further warrant and represent that you will take the highest level of care in planning, creating, and distributing your Submission.
REQUIRED REPRESENTATIONS AND WARRANTIES: You must meet all of the following as applicable to your Submission. Failure to do so may result in your disqualification.
By entering, you represent and warrant with regard to your Submission:
(i) It is your own original work or you must have all the rights necessary to post or re-post the content. Each entry must not contain any material that would violate or infringe upon the rights of any person or entity, including without limitation copyrights, trademarks or rights of privacy or publicity, or that is defamatory, threatening, indecent, obscene or offensive, or that is unlawful, in violation of or contrary to any applicable laws or regulations, or which requires a license from any third party.
(ii) You have the express written consent of any identifiable persons appearing or referenced in your Submission to their Persona (as defined below) being used in the ways set out in these Official Rules including Sponsor’s right to use your Submission for any future commercial purpose without restrictions. Upon request, you will obtain written consent of any such persons for Sponsor in the form identified by Sponsor. If any person appearing in any Submission is under the age of majority in their jurisdiction of residence, the written consent and signature of a parent or legal guardian is required.
(iii) The Submission does not reference any person other than entrant or the entrant’s “Center of Your Universe”, or any names, products or services of any company or entity or any third-party trademarks, logos, copyrights, trade dress or promotion of any brand, product, or service.
(iv) Your Submission is appropriate for public viewing. Without limiting the foregoing, your entry is not lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, or otherwise contain content which Sponsor in its sole discretion decides is inappropriate or objectionable. Your entry must also not disparage or cast a negative light on any person, entity, or brand, product, or service.
(v) Your Submission complies with all of Sponsor’s requirements and terms regarding the use of the Microsite.
(vi) You consent to Sponsor using you Submission for marketing and promotional purposes for perpetuity.
Sponsor reserves the right in its sole discretion to not consider any entry for the Contest if it believes the entry violates or potentially violates any of the foregoing requirements or otherwise fails to comply with any provision of these Official Rules. You agree to reimburse Sponsor and Sponsor Affiliates in full in respect of any losses, damages, and expenses, including reasonable legal fees (including, where permitted, reasonable attorney fees) that they may sustain from the breach of a representation or warranty made by you or the use of any rights granted by you to Sponsor hereunder. By entering, you warrant that your entry or entries comply with the requirements set out above including those at (i)-(vi) above. By entering your Submission, you will and hereby do assign to Sponsor your full right, title and interest over your Submission, including any and all trademark, copyright, publicity and other intellectual property rights related thereto. Whenever requested by Sponsor, you will provide the necessary documents regarding the assignment to Sponsor and you will execute any documents that Sponsor might reasonably request for such assignment. In the event, and to the extent, that you cannot assign your Submission entry as a matter of law, you hereby grant to Sponsor a perpetual, irrevocable, exclusive, worldwide, royalty-free, sub-licensable, freely assignable license, but not the obligation, to reproduce your Submission and to otherwise use, exploit, copy, modify, adapt, edit, publish and display the entry in any form, manner, venue, media or technology now known or later developed for any and all purposes, including, without limitation, for purposes of commercial or trade purposes, advertising, and promotion as Sponsor and its licensees or assignees determine, without further compensation, notification, or permission. Further, by entering, you hereby waive any moral rights you may have in any entry in favor of the Sponsor.
By submitting your entry you also grant to Sponsor the worldwide, perpetual, irrevocable, fully sub-licensable, and freely transferable right, but not the obligation, to use any and all names, identities, titles, likenesses, distinctive appearances, physical likenesses, images, portraits, pictures, photographs (whether still or moving), screen personas, voices, vocal styles, statements, gestures, mannerisms, personalities, performance characteristics, biographical data, signatures, and any other indicia or imitations of identity or likeness listed, provided, referenced, or otherwise contained in the entry and/or Video (all attributes, collectively, per person, a “Persona”) for purposes of advertising and trade, in any format, medium, or technology now known or later developed without further notice, approval, or compensation, unless prohibited by law.
BY ENTERING, POTENTIAL WINNER EXPRESSLY AGREES TO COMPLETE ALL PAPERWORK REQUIRED TO COMPLETE THIS TRANSFER BEFORE YOU WILL BE DECLARED THE WINNER.
WINNER SELECTION: On or about October 1, 2018 and after the close of the Contest Period, the Submission with the most votes will be deemed the potential winner.
The potential winner is subject to verification of eligibility and compliance with these Official Rules. When the potential winner has been determined, an employee of Sponsor will contact the potential winner, requesting an unedited version of the original Submission, and a quote that explains the Submission. Winners may be required to sign a document confirming Sponsor’s rights in the Submission.
PRIZES: Upon verification of eligibility and compliance with these Official Rules, one (1) winner will receive the following spa getaway package, which shall include:
• Spa finder gift card and travel voucher.
The approximate retail value of the Grand Prize is $2,500.
All prizes are awarded “AS IS.” Neither Sponsor nor Sponsor Affiliates make or offer any warranty or guarantee, either express or implied (including, without limitation, quality, merchantability and fitness for a particular purpose) in connection with this Contest or any prize. No issuer of any offered prize is sponsoring this Contest. Prize details and availability are subject to change, in which case a prize of equal value may be substituted at Sponsor’s sole discretion. Prizes consist only of the items listed, are non-transferable, with no cash redemption or substitution except at Sponsor’s sole discretion. Sponsor will determine all prize details (brand, model, size, etc.) in its sole discretion. Federal, state, or local taxes on prizes, if any, and any other costs, fees or expenses not listed above are the sole responsibility of each winner. All gift cards awarded are subject to separate (standard) gift card terms and conditions.
Travel-Related Prize: Any other costs and expenses associated with prize acceptance and use not specifically provided herein (such as security fees, gratuities, luggage fees, transportation, and incidental charges) are the responsibility of the winner. Each Winner must possess and show valid travel documents, prior to departure (e.g. passport, visa, valid driver’s license, or other acceptable government-issued identification), and must sign a Release of Liability/Publicity and any other documents. Travel and accommodation restrictions, conditions, and limitations may apply. Prize recipient is responsible for obtaining any insurance (including but not limited to, any travel or health insurance). Sponsor will not replace any lost, mutilated, or stolen gift card or travel vouchers.
No refund or compensation will be paid in the event of the cancellation or delay of any portion of prize package, or any portion thereof. Sponsor will not be liable if the prize package, or any portion of it, is cancelled or delayed. The prize package is subject to certain terms and conditions as specified by issuer. The terms and conditions of the prize package tickets may govern if the prize package is cancelled due to weather, an act of God, an act of terrorism, civil disturbance or any other reason.
NOTIFICATION: Potential winner(s) will be notified on or about October 5, 2018 by phone or email using the phone number and/or email account included with the Submission. Sponsor may require the potential winner to verify that he or she is the owner of the account. Potential winner must respond within twenty-four (24) hours of the first contact or attempted contact from Sponsor. Sponsor may require winner(s) to complete, sign, and return an Affidavit of Eligibility/Liability Release/Publicity Release forms and other applicable documents. All required documents must be completed and returned to Sponsor within two (2) days of the date and time listed on the documents. If a potential winner cannot be contacted, is disqualified, fails to timely execute and return any required forms, an alternate winner may be selected from among the remaining eligible entries.
NO LIABILITY & INDEMNIFICATION: By entering this Sweepstakes, you agree to release, discharge and hold harmless Sponsor, Sponsor Affiliates, Facebook Inc., Twitter, Inc., Instagram, Inc., and their respective directors, officers, employees, agents and assigns (the “Released Parties”) from any claims, losses, and damages arising out of, or relating to, your participation in this Contest or any Contest-related activities and the acceptance and use, misuse, or possession of any prize awarded hereunder (including, without limitation, any misrepresentation made by you in connection with the Contest; any non-compliance by you with these Official Rules; claims brought by persons or entities other than the parties to these Official Rules arising from or related to your involvement with the Contest; acceptance, possession, misuse or use of any prize or participation in any Contest-related activity or participation in this Contest; any malfunction, error or other problem arising in connection with the collection, processing, or retention of entry information; or any typographical or other error in the printing, offering or announcement of any winner). The foregoing includes, without limitation, any claim for personal injury, property loss or damage, or death arising in any way in connection with the Contest.
If Sponsor’s use of a Submission causes Sponsor to be subject to a claim by any third party (including, but not limited to, a claim of infringement), such entrant agrees to indemnify and hold harmless the Released Parties, and all persons acting by, through, under or in concert with them, against any and all damages, costs, judgments and expenses (including reasonable attorney’s fees) which the Released Parties (or any one of them) may incur as a result of the use of your entry.
OTHER TERMS: Decisions of Sponsor on all matters related to the Contest are final and binding. Sponsor reserves the right to cancel or modify the Contest for any reason, including but not limited to, if fraud, misconduct or technical failures destroy the integrity of the Contest, or if a computer virus, bug, or other technical problem corrupts the administration, security, or proper administration of the Contest as determined by Sponsor, in its sole discretion. Sponsor reserves the right to disqualify or prohibit the participation of an individual if fraud or tampering is suspected, or if the individual fails to comply with any requirement of participation or with any provision in these Official Rules. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL & CIVIL LAWS. SPONSOR RESERVES THE RIGHT TO DISQUALIFY AND/OR SEEK DAMAGES FROM ANY INDIVIDUAL MAKING ANY SUCH ATTEMPTS TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW.
GOVERNING LAW: Except where prohibited, entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the state of Ohio. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Ohio without giving effect to any choice of law or conflict of law rules (whether of the State of Ohio or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Ohio. 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, including attorney’s fees or other such related costs of bringing a claim, or to rescind this agreement or seek injunctive or any other equitable relief.
RIGHT TO DISQUALIFY: Sponsor reserves the right to disqualify or prohibit the participation of an individual if fraud or tampering is suspected; if the individual fails to comply with any requirement of participation or with any provision in these Official Rules; if the individual’s behavior or communication at any point is disruptive, may or does cause damage or to any person, property, or reputation of Sponsor, or is otherwise not in accordance with all applicable laws and generally accepted social practices as determined in Sponsor’s sole discretion.
SEVERABILITY: If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
NO AFFILIATION WITH FACEBOOK, TWITTER, OR INSTAGRAM: This Contest is in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter, or Instagram, or any other named or depicted people or entities other than Sponsor. Any questions, comments or complaints regarding the Contest should be directed to Sponsor.
WINNER ANNOUNCEMENT: To obtain a list of winners, please visit the Microsite after October 5, 2018.
SPONSOR: Sponsor: Mercy Health, an Ohio non-profit corporation, 1701 Mercy Health Place, Cincinnati, Ohio 45237.