Gilead Sciences, Inc. ("Gilead") is launching its Hepatitis B Awareness Public Service Announcement Program 2009 ("PSA Program"). The PSA Program consists of a video contest ("Hepatitis PSA Contest") on Hepatitis B awareness. The Hepatitis PSA Contest will be coordinated, managed and implemented by Visual Communications ("VC"). The rules, terms and conditions governing the Hepatitis PSA Contest ("Official Contest Rules") are listed in herein.
The participants to the Hepatitis PSA Contest ("Participants") are required to read, review and understand and agree to the Official Contest Rules stated herein. Use of the words "you" or "your" may be referred to herein as individual Participant and collectively as the group of Participants or company on whose behalf the Participant has entered the Hepatitis PSA Contest.
1. Eligibility.
Anyone can enter the Hepatitis PSA Contest so long as the Participant meets the qualifications, agrees and follows the Official Contest Rules. If two or more Participants enter jointly, or a company enters, the group of Participants or entity (as the case may be) must designate one individual as its or their contact. Only legal permanent residents of the United States who are physically located in the United States and companies that are incorporated in the United States are eligible to enter the Hepatitis PSA Contest. All Participants must be at least 18 years of age or have consent of legal guardian.
Employees of Gilead and VC are excluded from participation in the Hepatitis PSA Contest.
2. Entries.
(a) To enter the Contest, you must submit a thirty-second (:30) video PSA about the subject of Hepatitis B awareness (as explained at http://www.vconline.org/hepatitis-contest.cfm). Your film or video must be thirty (:30) seconds in length, or it will be disqualified. Submissions can be in any style or genre of film or video, including, but not limited to, animation, drama, still art, imagery, comedy, or documentary. Film and video submissions may not contain credits. Submissions are requested to be in English. If any portion of the film or video is in a language other than English, subtitles must be included.
The Hepatitis PSA Contest begins on March 6, 2009, and the entry deadline is 11:59 p.m. PDT on April 17, 2009. Once you have completed your film or video, you must submit your entry via post or hand delivery to Visual Communications, 120 Judge John Aiso Street, Los Angeles, CA 90012. All entries must be received by April 17, 2009, for consideration.
You may enter as many films or videos as you like. Each Participant must designate one contact person who must have at least one (1) valid email account in order to qualify. By entering, you agree to be bound by the decisions of the judges, to be bound by these Official Contest Rules, and to comply with all federal, state, and local laws and regulations. Gilead and VC will not be responsible for lost, late, misdirected, damaged, or postage due mail or e-mail, or for Internet, computer hardware and software, phone, and/or any other technical errors, malfunctions, or delays. Entries which are incomplete, illegible, inaccurate, forged, irregular in any way, or otherwise not in compliance with these Official Contest Rules will be disqualified.
(b) Each submission must be original and created entirely by Participant. Submissions may include materials which are in the public domain or for which you have obtained the prior written permission or clearance of the owner. Submissions and all elements contained therein, including, but not limited to, names, voices, signatures, photographs, images, likenesses, identities, persons, or materials (including music) animation, still art, imagery, statements, any programs, processes, methods or means and such designs, discoveries, inventions, products, computer programs/files, procedures, improvements, developments, drawings, sketches, design data, designs, specifications, equipment/drawing lists, layouts, presentations, technical and scientific information, bid packages, calculations, flow sheets/charts, notebooks, modeling, renderings, diagrams, layouts, submissions, recommendations, findings, test/commissioning plans, transmittals data, memoranda, notes, minutes, documents, manuals, reports, information; artwork, photographs, negatives, all preliminary or other copies thereof; all versions of all negatives, plates, dyes, molds, prints, paintings, sketches, etchings, drawings, videos and elements therein in any media now known or hereafter devised, in perpetuity, wherever produced or located; and any other materials, made, authored, conceived, or developed by Participants ("Content") must not incorporate or include anything that violates or infringes any law or the copyright, trademark, patent, intellectual property rights, publicity right, privacy right, or any other right of any third party. The Content shall not list, mention, incorporate, imply or suggest Gilead, Gilead products or Gilead competing products in any form.
If you become a Finalist or Prize Winner (as defined below in Section 4), Gilead and VC will require sufficient written documentation to establish that you have properly obtained lawful consent, authorization, permission or release required to incorporate Content used in your submission or that the same are in the public domain. Gilead and VC may, at their sole and exclusive discretion, disqualify any submission they believe incorporates any Content without obtaining required lawful consent, authorization, permission or release or are not otherwise in the public domain.
(c) ANY ENTRY THAT DOES NOT SATISFY ALL REQUIREMENTS OF THESE OFFICIAL CONTEST RULES WILL BE DISQUALIIFIED.
3. Use of Participant Submission and Personal Information.
(a) By submitting an entry to the Hepatitis PSA Contest, Participant hereby represents and warrants that:
(i) If you are the designated person for a group of Participants or company that has entered this Hepatitis PSA Contest, you are authorized to make representations and warranties on behalf of the group or the company, and the company or you or the group of Participants (as the case may be), will be jointly and severally liable for any breach of these representations and warranties or failure to comply with the Official Contest Rules.
(ii) Your entry to the Hepatitis PSA Contest and Content is original and, to the extent the Content incorporates or includes anything that is owned or controlled by any third party, you have obtained in writing all rights, consents, approvals, authorizations, permissions, releases and licenses necessary to comply with the Official Rules of this Contest; and, that the Content or any element thereof does not violate any copyright, trademark, publicity right, or any other right of any third party.
(iii) You agree that the your entry and Content if chosen as the Grand Prize Winner or the Audience Choice Prize Winner (such terms as defined in Section 4 herein) shall be, and shall remain at all times during and after expiration or early termination of this Agreement, the sole property of Gilead, whether considered "works made for hire" under the United States Copyright Revision Act of 1976, as amended or otherwise. Otherwise, if your entry, Content or any element thereof is considered not to be a "work made for hire," you hereby unconditionally and irrevocably assign, grant and convey to Gilead all rights, title and interest in and to the Content (including all intellectual property rights related thereto and the right to use, copy, reproduce, modify, use, disseminate, distribute, perform and display the Content in any and all media whether now known or hereafter devised, in perpetuity, wherever produced or located, for advertising, trade or other commercial purpose or otherwise), whether such Content is now or hereafter existing without any restriction by notice to or consent of VC, Participant or any third party. Gilead shall have the sole right to obtain and to hold in its own name copyrights, patents, mask work rights, trademark registration, or other legal protection as may be appropriate to such Content and any deviations thereof.
(iv) You meet the requirements and qualifications for this Hepatitis PSA Contest, and that you have read these Official Contest Rules and are fully familiar with them.
(b) You agree (and if you are the designated contact person for a group of Participant or a company, agree as an authorized agent on behalf of that group of Participants or company) to indemnify, and hold VC, their officers, directors, employees, contractors, agents and representatives ("Indemnitees") harmless from and against any third party claim (including reasonably attorneys' fees and costs) arising from any use of the Content. You waive (i) any right to publicity, privacy or moral rights relating to the Content or your participation in this Hepatitis PSA Contest, and (ii) any right to inspect or approve uses of the Content or to be compensated for any such uses. To the extent these rights may not be waived legally, you agree not to assert them.
(c) By submitting an entry, you grant to Gilead and their affiliated companies the right, except where prohibited by law, to use your name, submission/entry and written or oral statements, for advertising and promotional purposes in promoting or publicizing the Hepatitis PSA Contest, Gilead and VC and their mission and services, without compensation unless required by law. You shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, rights of integrity or attribution, or right of publicity) arising out of any use of your entry, submission, Content, name, written or oral statements. The rights granted under this Section 3 shall extend to Gilead and their affiliated companies and agents with respect to all Participants in the Hepatitis PSA Contest, including the Participant who is selected as the grand prize winner, "audience winner", and those Participants who are not selected. Gilead and VC are under no obligation to use the winning entries or any other entry for any purpose.
4. Selection of Winners and Prizes.
(a) "Grand Prize" Winner. Each entry will be pre-screened to ensure that it qualifies and otherwise complies with the Official Contest Rules. Judges will evaluate each entry that passes the pre-screening and score it based on five criteria: originality, creativity, concept, information, and overall presentation. The entries will be judged by an expert panel which will determine the Grand Prize winner.
The Grand Prize winner will be notified by telephone or email of their selection. Their selection will be used as the thirty-second (:30) Gilead ad prior to the opening and closing night screenings of the 2009 Los Angeles Asian Pacific Film Festival ("Festival") as well as all screening programs throughout the Festival.
(b) "Community Response Award" Winner. The top entries (such entries as mutually determined and agreed upon by Gilead and VC) will become "Finalists" for the Community Response Award. All Finalists will be placed online at VC website via YouTube.com for audience viewing and online voting. The public will be allowed to view each Finalist's submissions. On-line voting by viewers will take place from April 18 – May 5, 2009 at www.vconline.org/ff09/. Online votes will be tallied along with on-site voting at the 2009 Los Angeles Asian Pacific Film Festival from April 30 – May 5, 2009; the actual timing, duration, and conclusion of the audience on-site voting will be at the discretion of Gilead and VC, and may conclude prior to, but no later than, May 5, 2009. The Community Response Award will be determined by the entry with the most on-line and on-site votes.
The initial decision of the judges regarding which Participants become "Finalists" shall be final and binding in all regards.
The "Community Response Award" winner will be announced at closing night of the Festival on May 7, 2009.
(c) Each "Prize Winner" will be required to sign and return within five (5) calendar days of notification of selection as a "Prize Winner" (i) an "Affidavit of Eligibility," (ii) "Publicity/Liability Release," (iii) a copy of his/her passport, drivers license, or birth certificate as proof of age and residency, and (iv) any other documents (such as rights clearances) required by Gilead and VC. If a "Prize Winner" cannot be contacted within five (5) calendar days of the first notification attempt, or a prize winning notification is returned as undeliverable, or a "Prize Winner" rejects a prize awarded, or Gilead and VC determines, in its sole discretion, that a "Prize Winner" has not fully complied with the Official Contest Rules, then the Participant's status as a "Prize Winner" and the prize awarded will be forfeited, and an alternative "Prize Winner" will be selected from the group of "Finalists". If a prize awarded is forfeited, no other compensation will be given to that "Prize Winner". The Affidavit of Eligibility must be completed and must include the entity or company's Employer Identification Number (EIN) or the Participants's social security or resident alien identification number. The information in any Affidavit of Eligibility must be correct and must be identical to the information provided in the original entry or the person, group of persons, or company will be disqualified.
(d) Prize Money.
The Grand Prize winner will receive Two Thousand Five Hundred Dollars (USD $2,500)
The Community Response Award winner will receive One Thousand Dollars (USD $1,000)
Other conditions and restrictions apply. Prizes are non-transferable. No substitutions or redemptions allowed.
(e) At the sole discretion of Gilead and VC, the winner's film or video (or any other film or video submitted in the Hepatitis PSA Contest by any Participant) may be used as part of any informational, public relations, or media campaign by Gilead and VC (in performance of its Services under the Agreement), whether broadcast on television, online, or otherwise. No compensation will be provided to winner or any other Participant in the event an entry is selected for broadcast.
(f) By accepting the prizes, each "Prize Winner" releases and discharges Gilead and VC, their affiliated companies and their respective parents, subsidiaries, affiliates, advertising and promotion agencies, and all their respective employees, officers, directors, representatives, and agents from any liability or damage due, in whole or in part, to the award, acceptance, possession, use or misuse of any prize, or from participation in this Hepatitis PSA Contest.
(g) If, for reasons beyond Gilead's and VC's control (including, but not limited to, tampering or computer virus infection), the Hepatitis PSA Contest cannot be conducted as originally planned, Gilead and VC at its sole discretion, reserve the right to cancel or modify the Hepatitis PSA Contest, without liability to the Participant (VC's liability to Gilead for such cancellation shall be governed by the terms of the Agreement).
(h) Any Participant (including groups of Participants or company) attempting to defraud or in any way tamper with this Hepatitis PSA Contest (whether electronically or otherwise) and any Participant (including groups of Participants or company) who does not comply with these Official Contest Rules, will be ineligible for any prize and may be prosecuted to the full extent of the law. 5. Issues of Law.
(a) Taxes. ALL FEDERAL, STATE, AND LOCAL TAXES RELATING TO PARTICIPATION IN THIS CONTEST OR THE AWARDING OF THE PRIZES ARE THE RESPONSIBILITY OF THE FINALISTS AND/OR PRIZE WINNERS.
(b) Governing Law. All federal, state, and local laws and regulations are applicable. The laws of the State of California shall govern the Hepatitis PSA Contest, and its construction, including, all issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Contest Rules, Participant's rights and obligations, or the rights and obligations of Gilead and VC in connection with the Hepatitis PSA Contest, notwithstanding California's or any other jurisdiction's choice of law principles. All disputes shall be resolved exclusively by the Courts of the State of California or by Federal District Courts sitting in the Northern District of the State of California; and each Participant, Gilead and VC irrevocably submits to the jurisdiction of any such court in any such action, suit or proceeding.
Any claim or cause of action arising out of or related to this Hepatitis PSA Contest or these Official Contest Rules must be filed by the Participant within one (1) year after such claim or cause of action arose regardless of any law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action shall be forever barred.
(c) Severability. If any provision of these Official Contest Rules shall be held invalid, illegal, or unenforceable, such provision shall be enforced to the maximum extent permitted by law and the parties' fundamental intentions hereunder, and the remaining provisions shall not be affected or impaired; provided, however, that in such cases the parties oblige themselves to use their best efforts to achieve the purpose of the invalid provision by a new legally valid stipulation.
(d) Important Disclaimers and Limitations.
The information and services included in or available through Gilead and VC website may include inaccuracies or typographical errors. Changes are periodically made to the site and to the information therein. Gilead and VC or its agents, representatives or contractors may change the site at any time.
6. Participant's Release of Gilead and VC from any and all Liability.
Participants agree that Gilead and VC, their directors, officers, employees, agents, contractors, and representatives shall not be liable for, and you hereby discharge and release them from all losses or injuries of any kind resulting from: (i) acceptance/possession and/or use/misuse of prize(s); (ii) participation in the Hepatitis PSA Contest; (iii) individual, joint, or collective technical malfunctions of the telephone network and/or transmission line, computer online system, computer dating mechanism, computer equipment, hardware, and/or software; (iv) any delay or distortion of an entry resulting from data transmissions that are garbled, incomplete, misdirected, lost, mutilated, delayed, corrupted, mechanically duplicated, illegible, or otherwise not in compliance with these Official Contest Rules; or (v) any use or exploitation of any Content. Participants also agree that Gilead and VC are not responsible or liable for any injury or damage to any Participant or third party's computer related to or resulting from the Hepatitis PSA Contest and/or its prizes. Gilead and VC are not liable for damage to a user's computer system (including, without limitation, any server failure or lost, delayed or corrupted data or other malfunction) due, either directly or indirectly, to any Participant's participation in the Hepatitis Contest or downloading of information in connection with the Hepatitis PSA Contest. Gilead and VC reserve the right to modify or cancel the Hepatitis PSA Contest in the event that any portion of any website used to administer any aspect of the Hepatitis PSA Contest becomes technically corrupted.
7. How to Get More Information.
The sponsor of this Hepatitis PSA Contest is Gilead. You can receive more information through VC's website at www.vconline.org. All times and dates in these Official Contest Rules are according to Pacific Time.