Friday, April 4, 2008

Rules/Restrictions

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE WILL NOT AFFECT OR IMPROVE THE CHANCES OF WINNING. The Contest is subject to all applicable laws and regulations. Void where prohibited or restricted by law.

2. Sponsor: SouthWest Affiliate, American Heart Association (the “Sponsor”).

3. Eligibility: To be eligible for Walk It, Pin It, Win It (the “Contest”), you must be a legal resident of the United States (excluding Puerto Rico, Guam and all other U.S. and foreign territories and possessions), at least 18 years of age as of the date of entry.  No purchase or fee is necessary to become a member of Pinterest. To join Pinterest, you may request an invitation here, www.Pinterest.com, or request a referral from a friend.  The Sponsor will not be responsible for inability to enter due to Pinterest waiting lists, technical issues or inability of user to participate.  

4. Contest Entry Period: The Contest Entry Period begins on April 4, 2012 at 9:00 a.m. Eastern Time (“EST”) and ends April 25, 2012 at 11:59 p.m. EST. All Contest Entries must be submitted as described in Paragraph 5 below before the end of the Contest Entry Period. Sponsor is not responsible for late, lost or misdirected entries, including without limitation entries not timely received for any reason including due to Pinterest waiting lists, Internet failures or disruptions, ISP problems or other technical problems with the submission of the Contest Entry.

5. Entry Method: To enter, upload your own photo of a place where you walk to your Pinterest pinboard and add the hastag #walkit to be a valid entry. Next, the SouthWest Affiliate will re-pin your entry to our “Walk It” board and five pins will be randomly selected as winners. Entrants must be members of the Pinterest online community (which is available free of charge) to enter the Contest. Please note: Pinterest membership availability may be limited and the Sponsor is not responsible for entrants who cannot access that system.  Your Contest Entry must also comply with all Content Restrictions listed in Paragraph 6 below.

All Contest Entries must be received by the end of the Contest Entry Period. Sponsor is not responsible for late, lost, incomplete, misdirected, delayed, or undelivered entries, including without limitation, entries not timely received due to telephone failures, Internet failures and disruptions, inability to register with Pinterest, and ISP problems. Incomplete information may result in disqualification of Contest Entry. Proof of submission of Contest Entry is not proof of receipt by Sponsor. Failure of your Contest Entry to comply with these requirements, as determined by Sponsor in its sole discretion, will result in disqualification.

6. Content Restrictions: You may not submit or post anything that is offensive or violates any third party’s rights. For example, your Contest Entry must not contain or reference any of the following:
• Names, identifying information or photos of any persons other than yourself (no friends or other family members)
• Nudity or lewd, vulgar, indecent or obscene images (as determined by Sponsor’s sole discretion);
• Material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights;
• Material that is copyrighted, trademarked, protected by trade secrets or otherwise subject to a third party’s proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material;
• Depiction of defamatory statements (including but not limited to words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation or socioeconomic group);
• Third-party trademarks, names or logos; or
• Material that is unlawful, in violation of or contrary to the laws or regulations in any country, state or province where the Contest Entry is created.

Sponsor may, in its sole discretion, disqualify any Contest Entry that does not comply with these Content Restrictions or that Sponsor otherwise deems to be inappropriate in its sole discretion. In the event of disqualification, the Contest Entry will not be judged or considered for a prize. Employees or family members of employees of the American Heart Association are not eligible to win.

7. As a condition of entering this Contest, you agree to:

•  grant to Sponsor the unconditional and perpetual right to (as appropriate), encode, store, copy, transmit, publish, post, display, adapt, exhibit and/or otherwise use or reuse (without limitation as to when or to the number of times used), your name, city and state of residence, and Contest Entry (the link and content on your Pinterest board) in any media throughout the world, including but not limited to, on Sponsor’s Facebook Pages (at www.heart.org/swaonline) and on Sponsor’s website (at www.heart.org)  for any purpose, and without additional review, compensation, or approval from you or any other party;

• acknowledge and agree that, if your Contest Entry is chosen as a winner, you will execute an Affidavit of Eligibility and Liability/Publicity Release;

• release and agree to indemnify and hold the Contest Entities harmless from any and all claims, damages, expenses, costs (including reasonable legal fees) and liabilities (including settlements), due to or arising out of your participation in this Contest, or your conduct during and in connection with this Contest, including but not limited to trademark, copyright, or other intellectual property rights, right of publicity, right of privacy or defamation; and

• agree to release and indemnify and hold harmless the Contest Entities from any and all claims that any commercial, advertising, presentation, Web content or any other material subsequently produced, presented, and/or prepared by or on behalf of the Contest Entities infringes on the rights of your work as contained in any Contest Entry.


8. Winner Selection: Winners will be selected as follows:

Sponsor will select a winner by choosing five pins in a random, blind selection from our “Walk It” Pinboard. Sponsor reserves the right to take any actions relating to the voting in Sponsor’s sole discretion to ensure the fair administration and proper conduct of this Contest. The selected winner will be notified by Sponsor by email on or about April 27 2012 and the winner will be announced on Sponsor’s blog after the winner has been confirmed.

The odds of winning a prize depend on the number of eligible entries received. Sponsor reserves the right to make changes to the selection process and schedule as Sponsor determines (in its sole discretion) to be in the best interest of the fair administration or proper conduct of this Contest.

9. Prizes: There are five (5) prizes available to be won by 5 different entrants. The prize has an estimated value of $71, as an Apple iPod shuffle 2 GB (4th Generation) (color may vary) and a $25 iTunes gift card. 

All prizes are non-refundable and non-transferable, cannot be combined with any other special offer or promotion, and must be accepted as awarded. Prizes may not be exchanged for cash value or substituted, except that Sponsor reserves the right in its sole discretion to substitute any prize with either the cash value of the prize, or a prize or prizes of equal or greater value. Applicable federal, state, provincial or local taxes and any other costs or expenses associated with the prizes are the sole responsibility of the winners. There will be no other prizes. All prizes will be awarded. Total approximate value of all prizes is $355. Prizes will be delivered to confirmed winners to a valid U.S. address.

10. To receive a prize, selected entrants must first complete, sign and return an affidavit of eligibility and liability/publicity release within five (5) days of prize notification by Sponsor. A selected entrant’s prize will be forfeited and awarded to an alternate entrant at Sponsor’s sole discretion upon the occurrence of any of the following: (i) the failure of a selected entrant to confirm acceptance of the prize and return any required documents within five (5) days of prize notification by Sponsor; (ii) the failure of a selected entrant to correctly answer the skill-testing question (if applicable); (iii) the return of a prize or prize notification to Sponsor as non-deliverable; or (iv) the determination by Sponsor that the selected entrant is ineligible or otherwise not in compliance with these official rules.

BY ACCEPTING A PRIZE, THE WINNER AGREES TO INDEMNIFY, RELEASE AND HOLD HARMLESS SPONSOR AND ALL SWEEPSTAKES ENTITIES FROM ANY AND ALL LIABILITY FOR ANY INJURY, LOSS OR DAMAGE OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY, ARISING FROM OR IN CONNECTION WITH ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE, PARTICIPATION IN THIS CONTEST OR ANY CONTEST-RELATED ACTIVITY.

11. By participating in the Contest, you agree to comply with these official rules and that Sponsor is not responsible for any incorrect or inaccurate information, whether caused by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error that may occur in the processing of submissions in the Contest. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or tampering with or hacking of, the web site or any technical failure or malfunction.

IN NO EVENT WILL ANY CONTEST ENTITY BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR PARTICIPATION IN THE CONTEST, ANY PRIZES WON, YOUR ACCESS TO OR USE OF ANY OF SPONSOR’S WEBSITE OR THE FACEBOOK WEBSITE (INCLUDING SPONSOR’S FACEBOOK PAGE) OR THE THIRD-PARTY APPLICATION, OR THE ACCESSING, UPLOADING, DOWNLOADING AND/OR PRINTING OF ANY MATERIAL AVAILABLE ON SAID SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THESE WEB SITES IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSIONS OF IMPLIED WARRANTIES OR CONDITIONS SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

12. If the Contest is not capable of running as planned for any reason including, but not limited to, unauthorized intervention, fraud, technical failures, Internet failures and disruptions, and ISP problems, or any other causes, which, in Sponsor’s sole judgment, corrupts or affects the administration, security, fairness, integrity or proper conduct of this Contest, Sponsor reserves the right, in its sole discretion and determination of fairness, to cancel, terminate, modify or suspend the Contest and to select winners from eligible entries received prior to such action, in accordance with these official rules. Sponsor may disqualify any entrant who tampers with the entry process, operation of the Contest, or violates these official rules.

13. By entering the Contest, you acknowledge that you have read, understand and will abide by these official rules. All issues and questions concerning the construction, validity, interpretation and enforceability of these official rules, or the rights and obligations of you or Sponsor in connection with the Contest, shall be governed by and construed in accordance with, the laws of the State of North Carolina, without regard to the conflict of laws principles. All dollar amounts referred to in these official rules are in U.S. dollars.

14. The personal information collected from you in the course of the Contest will be used by Sponsor for the purposes of administering the Contest, including contacting selected entrants, and in accordance with Sponsor’s privacy policy.