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"THANKS TO AN LVAD" VIDEO CONTEST RULES

OFFICIAL RULES. NO PURCHASE NECESSARY TO ENTER.

OPEN TO LEGAL RESIDENTS OF THE 50 U.S., & D.C., WHO, AS OF 2/18/16 WERE THE RECIPIENT OF AN LVAD OR THE FRIEND OR FAMILY MEMBER OF AN LVAD RECIPIENT AND ARE 18 YEARS OF AGE OR OLDER.

1. Contest Period. The Thanks to an LVAD Video Contest (“Contest”) begins on February 18, 2016 at 12:00 AM Pacific Time (“PT”) and ends on April 20, 2016 at 11:59 PM PT (the "Contest Period"). All entries must be received during the Contest Period to be eligible for selection as a contest winner.

2. Eligibility. The Contest is open only to legal residents of the 50 United States and the District of Columbia, who, as of 2/18/2016, were the recipient of a left ventricular assist device ("LVAD") or the friend or family member of an LVAD recipient and are 18 years of age or older. Directors, officers and employees of Mended Hearts, Inc. ("Sponsor"), St. Jude Medical, Inc. ("Corporate Sponsor"), and any of their respective affiliate companies, subsidiaries, agents, professional advisors, advertising and promotional agencies, and immediate families (spouses, parents, children, and siblings and their spouses) and household members of each are not eligible to participate or win any prizes. All applicable laws and regulations apply. Contest void where prohibited or restricted by law. To be eligible for selection as a winner, submissions must be completed and received by Sponsor in the manner and format designated below.

3. How to Enter. During the Contest Period, you can enter the Contest at http://www.thankslvad.com ("Website") by completing all required fields on the registration form and uploading an original video (“Video”) discussing the best thing, in your opinion, about the recipient having received an LVAD (all components combined constitute the “Submission”). Sponsor and its affiliates may display any and all Submissions on the Website. By uploading your Submission, you agree that your Submission conforms to the Submission Guidelines and Content Restrictions listed below (collectively, the “Guidelines and Restrictions”) and that the Sponsor, in their sole discretion, may remove your Submission and disqualify you from the Contest if they believe, in their sole discretion, that your Submission fails to conform to the Guidelines and Restrictions. By uploading your Submission, in addition to rights granted below, you: (a) grant to Sponsor all rights necessary to display your Submission on the Website or in any publicity initiative, and their affiliates to display any and all Submissions on any Sponsor website or Facebook, Pinterest, Instagram, Twitter, or any other social media pages; (b) hereby waive any so-called moral rights (e.g., creative rights) in your Submission; (c) represent and warrant that you have the right to grant or waive the rights granted or waived in these Official Rules; (d) represent and warrant that your Submission and its use as contemplated in these Official Rules does not and will not violate, misappropriate, or infringe upon any law or regulation or the rights of any third party, including any copyright, trademark, or any rights of publicity or privacy, or any other intellectual property or proprietary rights; and (e) attest that all participants featured in the video have given their permission to be included or if participant is a minor, their parent or legal guardian has provided consent.

Submission Guidelines:

  • Video should be approximately 30 seconds in length.(Note: Videos that are 60 seconds or less will be accepted.)
  • Each video will include someone who currently has or--at some point-- has had an LVAD implant, and may also include friends and loved ones, which is actually encouraged. Video participants will articulate what they believe is the best thing about themselves or their friend/loved one receiving an LVAD.
  • Videos should not contain mention of any LVAD product or brand names, or of any company that makes or sells LVAD devices.
  • Videos must be in one of the following formats: AVI, MOV, WMV, MP4, MPEG, 3GP, and 3G2; must be under 200MB and must be approximately 30 seconds. [Note that most smartphones, tablets and home video cameras typically film in one of these formats.]
  • Videos may include animals or inanimate objects. If a video contains an animal, animal must be depicted in a safe manner where the animal appears unharmed.
  • Entry must not have been submitted previously in a contest of any kind or previously exhibited or displayed publicly (i.e., disclosed beyond your immediate circle of friends and family) through any means.
  • Entry must not include any representation of celebrities, athletes, musicians, or any other public or private figure, include any anti-social, political or religious groups or charitable organizations, any commercial solicitation or promotional materials or name, address, phone number, or URL address. Entry must not contain advertisements, personal solicitations or commercial solicitations.
  • Entry must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Any Entry or portion thereof that is, in Sponsor's sole discretion, indecent, inappropriate, hateful, tortuous, slanderous, libelous, obscene, profane, lewd, defamatory, contains any third-party materials, or otherwise violates or infringes (or may infringe) any copyright, trademark, logo, or mark that identifies a brand or other proprietary right of any person living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light) or entity or make reference to any commercial/corporate advertising (including but not limited to corporate logos, brand names, slogans, political, or religious statements), or is otherwise objectionable, will not be considered and will disqualify the Entrant.
  • Entries must be in keeping with Sponsor's image as determined by Sponsor, in its sole discretion, or Entry will be disqualified from the Contest. The Entry must not disparage persons or organizations associated with, or competitors of, Sponsor or Corporate Sponsor.

For All Submissions: Submissions received from any person or email address in excess of the stated limit, whether through multiple or different email accounts or other applicable accounts or means, will be void. By uploading a Submission, entrant grants to Sponsor (and Sponsor's affiliates, licensees and assigns) a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Submissions in whole or in part, and otherwise exploit the Submission in all media now known or hereafter devised, throughout the universe, in any way Sponsor sees fit including, but not limited to, entertainment, instruction/education, promotional, advertising and/or marketing purposes. In connection with all rights granted herein, Sponsor (and Sponsor's affiliates, licensees and assigns) shall also have the irrevocable right to incorporate Submissions, in whole or in part, into other works, in any form, media or technology now known or hereafter developed. If necessary, entrant will sign any necessary documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Submission. Proof of submission will not be deemed proof of receipt by Sponsor.

4. Judging to Determine the Winners: At the end of the Contest Period all eligible Submissions will be judged by the Sponsor-selected panel of Judges, based on the following judging criteria to determine the Winners:

  • Relationship – 20%: Video demonstrates true engagement/caring relationship between participants
  • Ability to Inspire – 20%: Video is/will be inspiring to viewers, particularly those with advanced heart disease and/or their caregivers
  • Best Thing – 20%: The “best thing” stated is – in and of itself - compelling, interesting and/or unique
  • LVAD Education – 20%: Video effectively communicates the value an LVAD can provide for appropriate recipients
  • Overall Engagement and Enthusiasm – 20%: Video overall is engaging; participants are enthusiastic

Judges will individually rate each video on a scale of 1 to 5 for the extent to which it demonstrates or expresses each criterion, where 1 is "not at all" and 5 is "fully." The complete score of each video will be based on a combination of the ratings of each of the five criteria as scored by all participating judges, in which each criterion has equal weight.

Winners are subject to verification. In the event of a tie, tied entrants will be re-judged by the Judges based on the same criteria. Judges' decisions are final with respect to all matters relating to the Contest.

5. Identity of Entrant. If a dispute arises about the identity of the entrant, Submission will be declared made by the authorized account holder of the email address submitted at time of Submission. An authorized account holder is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational institution) that is responsible for assigning email addresses for the domain associated with the submitted email address. The potential winner may be required to provide Sponsor with proof that the potential winner is the authorized account holder of the email address associated with the winning Submission.

6. Prizes and Approximate Retail Value ("ARV"): First Place Winner (1): The First Place Winner will be highlighted through a national, local and social media campaign and will have $1,000 donated to Mended Hearts on their behalf. This prize has no retail value. Runner Up Winners (4): The Runner Up Winners (4 total) will be highlighted through local and social media campaign and will each have $1,000 donated to Mended Hearts on their behalf. This prize has no retail value. If a winner's notification is returned as undeliverable or otherwise not claimed within ten (10) days after delivery of notification, the prize will be forfeited and awarded to an alternate winner determined by the Judging Panel from all of the remaining eligible Finalists that meet the judging Criteria. The prizes are not transferable. No substitutions or exchanges of the prize will be permitted, except that Sponsor reserves the right to substitute a prize of comparable or greater value for the prize.

7. Donation to Charity: In addition to the donations listed under section 6, during the Contest Period, for each eligible Entry submitted, St. Jude Medical will donate $100 to Mended Hearts, up to a maximum donation of $10,000. St. Jude Medical will make a combined maximum grant and donation of up to $25,000 to Mended Hearts for all components of this contest, including planning and preparation, and donations received from contest entries as specified in sections 6 and 7.

8. Disclaimer. Sponsor, Corporate Sponsor, any participating partners, and any of their respective parent companies, subsidiaries, affiliates, directors, officers, professional advisors, employees and agencies (collectively, the "Released Parties" or individually, each a "Released Party") will not be responsible for: (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or entries; (b) telephone, electronic, hardware, software, network, Internet, or other computer- or communications-related malfunctions or failures; (c) any Contest disruptions, injuries, losses or damages caused by events beyond the control of Sponsor, Corporate Sponsor, or by non-authorized human intervention; or (d) any printing or typographical errors in any materials associated with the Contest.

9. General Release. By entering the Contest, you release Sponsor, Corporate Sponsor and all Released Parties from any liability whatsoever, and waive any and all causes of action, for any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Contest or delivery, mis-delivery, acceptance, possession, or use of or inability to use any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.

10. Use of Winner's Name, Likeness, etc. Except where prohibited by law, Submission into the Contest constitutes permission to use winner's name, likeness, persona, hometown, Submission and/or prize information in all media now known or later devised throughout the universe in perpetuity for all purposes Sponsor deems appropriate - including, without limitation, for promotional and publicity purposes - without further permission or compensation. As a condition of being named a winner, except where prohibited by law, winner may (in Sponsor's sole discretion) be required to execute a written consent, confirming Sponsor's right to use such winner's name, likeness, persona, hometown, Submission and/or prize information without further permission or compensation.

11. Affidavit and Release. The potential winners will be notified initially by email and/or phone. If a winner is not reachable at the telephone number, and/or e-mail address provided and a forwarding e-mail address is not made available or if winner notification is returned as undeliverable, then the winner's position will be forfeited and the entrant with the next highest score will be contacted. As a condition of being awarded any prize, winners may (in Sponsor's sole discretion) be required to execute and return within 5 days (via email/mail), an Affidavit of Eligibility or Eligibility Confirmation or Declaration of Compliance, depending on potential winner's residence, eligibility/publicity release (except where prohibited by law), Release of Liability and an assignment of rights within ten (10) days of notification attempt or the prize will be forfeited and alternate winner may be determined. Return of any prize or prize notification as undeliverable may result in disqualification and alternate determination.

12. Entrant's Personal Information: Information collected from entrant is subject to Privacy Policies of Sponsor and Corporate Sponsor (http://sjm.com/corporate/policies/privacy-policy and http://mendedhearts.org/Web-policies). By entering the Contest, entrant grants Sponsor permission to share entrant's personal data including name, address, email address and any other personal data with the corresponding Released Party solely for the purpose of Contest administration, judging and prize fulfillment. At entrant's discretion, entrant may have the opportunity to opt-in to receive correspondence from some of the Released Parties. Should entrant choose to do so, entrant's information will be shared with the corresponding Released Party and will be subject to that Released Party's privacy policy. Sponsor will not sell, rent, transfer or otherwise disclose entrants' personal information to any third party other than the corresponding Released Party as described above herein. Entrants agree that personal data may be processed, stored and otherwise used for the purposes and within the context of the Contest and any other purposes outlined in these Official Rules. The data may also be used by the Sponsor in order to confirm entrants' identity, their postal address and telephone number, or to otherwise verify their eligibility to participate in the Contest. If entrant's personal information is not provided, the Submission will be ineligible.

13. Miscellaneous. The Contest and these Official Rules will be governed, construed, and interpreted under the laws of the state of Minnesota, U.S.A. Except where prohibited, by participating in this Contest, entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Contest shall be resolved individually, without resort to any form of class action; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Contest but in no event attorneys' fees; and (c) under no circumstances will any participant be permitted to obtain awards for and hereby waives all rights to claim 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. Some jurisdictions do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above may not apply to you. Entrants agree to be bound by these Official Rules and by the decisions of Sponsor, which are final and binding in all respects. Sponsor reserves the right to change these Official Rules at any time, in its sole discretion, and to suspend or cancel the Contest or any entrant's participation in the Contest should viruses, bugs, unauthorized human intervention, or other causes beyond Sponsor's control affect the administration, security or proper play of the Contest, or Sponsor otherwise becomes (as determined in its sole discretion) incapable of running the Contest as planned, in which event all prizes will be awarded via the judging process outlined in these Official Rules, from among all eligible Submissions received prior to cancellation.

Entrants who violate these Official Rules; violate any law, rule, or regulation in connection with participation in the Contest; tamper with the operation of the Contest or engage in any conduct that is detrimental or unfair to Sponsor, Corporate Sponsor, the Contest, or any other entrant (in each case as determined in Sponsor's sole discretion) are subject to disqualification from Submission into the Contest. Sponsor reserves the right to lock out persons whose eligibility is in question or who have been disqualified or are otherwise ineligible to enter the Contest. Any provision of these Official Rules deemed unenforceable will be enforced to the extent permissible, and the remainder of these Official Rules will remain in effect.

14. Winners List: For a list of winners, available for at least 30 days from June 14, 2016, email ThanksLVAD@MendedHearts.org.

15. Contest Sponsor: Mended Hearts, Inc., 8150 N. Central Expressway, M2248, Dallas, TX 75206

Privacy Policy

We respect your privacy and are committed to protecting it through our compliance with this policy. This policy describes the types of information we may collect from you or that you may provide when you visit ThanksLVAD.com and our practices for collecting, using, maintaining, protecting, and disclosing that information.

 

This policy applies to information we collect:

  • On this site;

  • When you submit any forms or information on this site;

  • When you contact our customer service department for any reason; and

  • In email, text, fax, mail, and other messages between you and this site.

 

Information we collect about you and how we collect it

We collect several types of information from and about users of our Site, including information:

  • By which you may be personally identified (“personal information”) such as your name, address, email address, affiliated organization or company name, birth date, phone number, diagnosis, treatment or condition, or other specific personal information;

  • Regarding user preferences, internet connection, operating system, browser, equipment you use to access the Site, etc.

 

We collect this information:

  • Directly form you when you provide it to us through your submissions on our Site, through correspondence with our organization or representatives, when you sign up for newsletters and/or alerts, or otherwise.

  • Automatically as you navigate through the site Information collected automatically may include usage details, IP addresses and information collected though cookies and other tracking technologies.

  • From third parties, such as our business partners.

 

Information you provide to us

The information we collect on or through our Site may include:

  • Records and copies of your correspondence

  • Details of your submissions and views on the Site.

  • Your search queries on the Site

 

Why we collect your information and how we use it

We use information that we collect about you or that you provide to us, including any personal information:

  • To respond to your inquiries and submissions

  • To notify you about changes to our Site or any products or services we offer

  • To provide you with information regarding the services that might interest you.

  • To allow you to participate in interactive features on our site

  • To fulfil any other purpose for which you provide it.

  • In any other way we may describe when you provide the information.

  • For any other purpose with your consent.

 

How do we use and disclose your information

We are responsible for personal information in our possession or custody, including personal information that we may transfer to third parties for processing, including storage.

 

In the event we disclose personal information to our service providers and third parties, we require our service providers and third parties to agree to contractual requirements that are consistent with our privacy and security policies. We prohibit our service providers and third parties form using personal information except for the specific purpose for which we supply it to them.

 

We may also use and disclose personal information as authorized by you when you provide that information to us.

 

We may also disclose information as required by law, regulation, or legitimate required legal disclosures; or if we believe disclosure is necessary to protect the rights, property, or safety of this Site or others.

 

Accessing and correcting your information

You may contact us at ThanksLVAD@MendedHearts.org to request access to, correct or delete any personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

 

Children’s privacy

This site is not targeted to children under the age of 18 and we do not intentionally collect personal information from such children. If we discover that a child has provided us with personal information online through this Site, we will take reasonable steps to delete this information.

 

Cookie policy

Cookies are small text files which a website may put on your computer or mobile device when you first visit a site or page. Through the use of cookies, we are able to capture standard Web traffic information such as time, date, IP address, and browser, but in most circumstances the information captured cannot identify you as an individual. The cookies will help our Site, or another website, to recognize your device the next time you visit. You can set your browser to accept or decline cookies. If you would like further information about managing and disabling cookies, you can refer to your browser’s help section or user guide.

 

Data Security

We take reasonable step to utilize no less than industry standard security safeguards, including maintaining physical, electronic, and procedural safeguards in compliance with industry standards and applicable laws to protect personal information from loss, unauthorized access, modification, disclosure, inappropriate alteration, or misuse.

 

Changes to our privacy

This policy may be amended from time to time, consistent with the requirements of applicable privacy laws. You are responsible for periodically visiting our Site and this privacy policy to check for any changes.

 

Contact information

If you have any complaints, questions, or comments on this policy please send your inquiries to:

 

Mended Hearts

ThanksLVAD@MendedHearts.org

Authorization to Use, Release, and Publish Videos

By submitting a video to the Thanks To An LVAD video contest I grant Mended Hearts, Inc. (“Mended Hearts”), permission to use, directly or indirectly for any purpose, images (photographed or recorded), videos, or testimonials, including any personal or health information that has been voluntarily disclosed or authorized others to disclose. The purpose of this authorization may include the creation, duplication, transcription, and use of images, videos, testimonials, and information for publication and contest purposes.

By agreeing to this Authorization form, I verify that anyone who was pictured, mentioned, or whose personal or health information was disclosed in my video submission has knowledge of my video and the information and images that it contains, my intent to submit the video in the Thanks To An LVAD contest, and the possibility of publication of my video. I further verify that anyone who was pictured, mentioned, or whose personal or health information was disclosed in my video has given me their permission to include their information and images in my video.

I understand that St. Jude Medical, Inc. (“St. Jude Medical”) is a financial supporter of the Thanks To An LVAD contest and will be assisting Mended Hearts in the storage and management of the video submissions. I understand that, as a result, all videos will be released to St. Jude Medical upon submission.

I understand that this authorization will not have an impact on any treatment, payment, or eligibility for benefits; nor will any consideration, compensation, or remuneration of any kind be due to me by Mended Hearts or any other parties unless my video submission is one of the contest winners, as determined by the contest rules.

I understand that the information disclosed pursuant to this authorization may be subject to re-disclosure by the recipients and would no longer be protected under the HIPAA use and disclosure provisions.

This authorization provides Mended Hearts with the right to disclose images, videos, testimonials, and personal and/or health information that I voluntarily disclosed or authorized others to disclose about me. This authorization remains effective until such time that I withdraw my consent as described herein. I have the right to withdraw my consent at any time before publication by notifying Mended Hearts in writing of my desire to withdraw my consent. If I withdraw my consent, Mended Hearts will not further share or disclose my images, videos, or testimonials and will remove my submission from the contest. However, if my information has already been publicly posted, I understand that Mended Hearts will be unable to remove it from the public internet forum. If I wish to withdraw my consent, I should send my written revocation to:

The Mended Hearts, Inc.

8150 N. Central Expressway, M2248

Dallas, Texas 75206

1-888-HEART99 (1-888-432-7899)

ThanksLVAD@MendedHearts.org

If I have any questions or complaints regarding the distribution of the images, videos, testimonials, or information, I understand that I will need to contact Mended Hearts at ThanksLVAD@MendedHearts.org.

I have read the above authorization prior to its execution, and I am fully familiar with the contents thereof. I agree to the use, disclosure, and publication of my information as described above. This release shall be binding upon me and my heirs, legal representatives, and assigns.