Official Rules of the
2017 Stupid Cancer® Get Busy Living Caregiver Award Contest (the “Contest”)
1. Void Where Prohibited. The Contest is only open to legal residents of the 50 United States and the District of Columbia who (i) are at least 18 years of age, (ii) will attend, in person, the CancerCon 2017 (the “Conference”), (iii) is a caregiver to a specific individual young adult cancer survivor/patient (medical professionals are excluded from this definition of caregiver), who is currently over the age of 18 and was diagnosed before the age of 40 (Nominees can include a bereaved caregiver to a young adult cancer survivor who met the criteria outlined above), and are medically capable of taking advantage of the Grand Prize (as defined below) (each a “Potential Nominee”). Actual attendance at the Conference is necessary to win. Employees, officers, and directors and/or paid contractors of Stupid Cancer, Inc. (“Sponsor”), its agents and representatives and their immediate relatives (collectively, “Sponsor Parties”) are not eligible to participate in or win the Contest. Internet access is required to participate. Normal Internet access and usage charges imposed by service providers apply.
2. Contest Period: Contest begins at 12:00am Eastern Time (“ET”) on February 7, 2017, and ends at 11:59pm ET on April 4, 2017 (the “Contest Period”). Sponsor’s time clock shall be the official time clock of the Contest.
3. Nomination Submissions: Beginning at 12:00am ET on February 7, 2017 and ending at 11:59pm ET on March 5, 2017 (the “Submission Period”) members of the general public (each a “Nominator”) are able to nominate Potential Nominees, other than himself or herself, to win a Prize (as defined below). Potential Nominees who are actually nominated are referred to as “Nominees”. Nominations must be completed and MAY ONLY BE SUMBITTED ONLINE through the nominating process at http://www.getbusylivi.ng/ (the “Contest Website”). Once a Nominator submits a nomination, such Nominator agrees to be bound by the terms and conditions of these Official Rules. No purchase is necessary to submit or accept a nomination.
4. Content of Nominations: Nominations that do not contain all of the information requested throughout the online nomination process, or that otherwise deviate from the format specified here, are void and will not be considered. Nominators will be directed to input their name, email address, cell phone number as well as the Nominee’s name, email address, cell phone number, birthdate, type of cancer the caregiver’s survivor was diagnosed with and the survivor’s age at diagnosis, and a short response to a series of questions asking why the Nominee is otherwise deserving of the award. Nominators should complete each field accurately. Each nomination must be written in English. All of the materials submitted as part of a nomination are the “Nomination Materials”.
5. Nomination Material Guidelines: The Nomination Materials must be completely original to the Nominator and must not have been taken or composed, in whole or in part, from any other source other than from the Nominator. The Nomination Materials must not include, depict or make reference to any of the following: obscenity, explicit or inappropriate language or content, nudity, explicit sexual activity or adult oriented content, drug or alcohol use, violence, commercial products, or unauthorized copyrighted or trademarked properties, including brand names and logos, private property (unless the Nominator has obtained a written property release from the owner thereof specific for uses specified herein); material that is hateful, tortious, defamatory, false or misleading, disparaging, slanderous, libelous, or otherwise unlawful; material that violates or infringes another’s rights, including but not limited to, rights of privacy or publicity or any other intellectual property or proprietary rights; material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, ethnicity, sex, religion, nationality, disability, sexual orientation or age; personally identifiable information (other than such information pertaining to the Nominator and the Nominee as necessary to complete the Nomination Materials), including, but not limited to, full names, social security numbers, phone numbers, license plates, and personal addresses; and any other content, including but not limited to text, images, graphics, captions and descriptions that could be considered inappropriate or offensive, as determined by Sponsor in its sole discretion. Sponsor is not obligated to use, publish display or broadcast any Nomination Materials. Any Nomination Materials deemed unacceptable by Sponsor for any reason whatsoever may be disqualified in Sponsor’s sole and absolute discretion. Sponsor reserves the right (but disclaims the obligation) to review and edit Nomination Materials before they are published to the Contest Website (as defined below). By submitting a nomination, each Nominator represents and warrants that: (a) he or she owns all rights in and to the Nomination Materials and all contents and components thereof; (b) the Nomination Materials have not been released, in whole or in part, commercially; (c) the Nomination Materials do not and will not violate any law, statute, ordinance, rule, regulation, or order; (d) the Nomination Materials are free and clear of any and all liens or claims with respect to the use thereof in the manner authorized herein, and will not give rise to any claims of infringement, invasion of privacy or publicity, or infringe on any rights or interests of any third party, or give rise to any claims for any payment whatsoever; and (e) the Nomination Materials are not and will not be defamatory, disparaging, libelous, pornographic or obscene. All Nomination Materials become the sole and exclusive property of Sponsor, including any electronic copies submitted to Sponsor and any printouts made therefrom, subject to the “Rights to Content” set forth below. Nomination Materials will not be returned, and receipt of Nomination Materials will not be acknowledged. Proof of Nomination Material submission will not be deemed to be proof of receipt of nomination by Sponsor.
6. Approval by Nominee: A nomination will only be eligible if it meets the criteria in Sections (i) 3 – “Nomination Submissions”, (ii) 4 – “Content of Nominations” and (iii) 5 – “Nomination Material Guidelines”. The Nominee that is the subject of a nomination made by a Nominator will receive an e-mail notification of such nomination requesting acceptance or denial of such nomination. The Nominee, with respect to such nomination, shall proceed in the Contest only if such Nominee accepts such nomination during the Submission Period. The Nominee may request a copy of the Nomination Materials to review and edit the information input by the Nominator for purposes of accuracy only. If the Nominee declines or fails to accept the nomination during the Submission Period, then that nomination shall be void and will not be included in the Contest. If a Nominee accepts a nomination during the Submission Period (each an “Eligible Nomination”), such Nominee agrees (1) to be bound by the terms and conditions of these Official Rules and (2) that the Nomination Materials adhere to these Official Rules and may be used in connection with the Contest and for any other lawful uses as provided for in these Official Rules.
7. Multiple Submissions: A Nominator may only nominate a given Potential Nominee once. Nominators may nominate multiple Potential Nominees. A Potential Nominee may receive multiple nominations, each from a different Nominator. If a Potential Nominee receives multiple nominations, it may only accept one such nomination.
8. Judging Period: Beginning at 12:00am ET on March 14, 2017 and ending at 11:59pm ET on March 28, 2017 (the “Judging Period”), a panel of qualified judges, appointed at the discretion of Sponsor, will review and evaluate the Eligible Nominations on the basis of the criteria described below. Each judge will review a number of Eligible Nominations that is substantially equal in number to the number of Eligible Nominations that each other judge will review. Sponsor Parties acting as judges, if any, will be screened from judging Eligible Nominations for Nominees that such Sponsor Parties know personally or professionally. Each Eligible Nomination will receive a point total based on each judge’s evaluation of how well it meets the Judging Criteria described below. The Nominees receiving the five highest scores in the Judging Period will, subject to Sections 10 and 11, be deemed the “Grand Prize Winner”, “First Runner-Up”, “Second Runner-Up”, “Third Runner-Up”, and “Fourth Runner-Up (together with the First Runner-Up, the Second Runner-Up and the Third Runner-Up, the “Runners-Up” and, together with the Grand Prize Winner, the “Winners”), accordingly. If at the end of the Judging Period there is a tie between two or more Eligible Nominations, then each of such Eligible Nominations shall be read and scored by a judge who has not yet read such Eligible Nominations. An average of the initial score and the rescore will be taken and the Eligible Nomination(s) with the highest score(s) will be deemed the winner(s) of the tiebreaker. In the event of a subsequent tie, the process shall be repeated until the tie has been broken.
1. Grand Prize: A $500 American Express gift card from Chasing Rainbows and a $500 American Express gift card. (Approximate retail value $1,000.00).
2. First Runner-Up Prize: A $250 American Express gift card from Chasing Rainbows and a $100 American Express gift card. (Approximate retail value $350.00)
3. Second Runner-Up Prize: A $250 American Express gift card from Chasing Rainbows and a $100 American Express gift card. (Approximate retail value $350.00)
4. Third Runner-Up Prize: A $50 American Express gift card.
5. Fourth Runner-Up Prize: A $50 American Express gift card.
6. The total approximate retail value of the Grand Prize, First Runner-Up Prize, Second Runner-Up, Third Runner-Up, and Fourth Runner-Up Prize (each a “Prize” and cumulatively, the “Prizes”) is $1,800.00.
10. Grand Prize Winner Notification and Verification: The Grand Prize Winner will be notified in person at the Conference and may be required to confirm his/her eligibility (including, without limitation, proof of identity, which may include submitting a copy of driver's license, passport or similar government issued identification), address and phone number. If the Grand Prize Winner (i) does not meet the eligibility requirements specified herein or (ii) does not confirm his/her eligibility, address and phone number the Grand Prize will be offered to the First Runner-Up Winner and the Grand Prize Winner will not receive the Grand Prize or any other Prize.
11. Runners-Up Prize Winner Notification and Verification: The Runners-Up Prize Winners will be notified in person at the Conference. Each may be required to confirm his/her eligibility (including, without limitation, proof of identity, which may include submitting a copy of a driver's license, passport or similar government issued identification), address and phone number. If the First Runner-Up Prize Winner (i) does not meet the eligibility requirements specified herein or (ii) does not confirm his/her eligibility, address and phone number, the First Runner-Up Prize will be offered to the Second Runner-Up Prize Winner. If the Second Runner-Up Prize Winner (i) does not meet the eligibility requirements specified herein or (ii) does not confirm his/her eligibility, address and phone number, the Second Runner-Up Prize will be offered to the Third Runner-Up Prize Winner. If the Third Runner-Up Prize Winner (i) does not meet the eligibility requirements specified herein or (ii) does not confirm his/her eligibility, address and phone number, the Third Runner-Up Prize will be offered to the Fourth Runner-Up Prize Winner. If the Fourth Runner- Up Prize Winner (i) does not meet the eligibility requirements specified herein or (ii) does not confirm his/her eligibility, address and phone number, an alternate Fourth Runner-Up Prize Winner will be selected from among all remaining Finalists.
12. Additional Terms for Winning: In addition, to be eligible to be declared a Winner , such Winner must sign upon Sponsor’s request, an Affidavit of Eligibility and Release in accordance with the terms specified in Section “Additional Terms, 1. General” herein to these Contest rules. Participation in the Contest as a Nominee constitutes the Nominee’s agreement to sign such a release. When such documentation is properly executed, and/or the Winners are otherwise in compliance with these Official Rules, the Winners will be determined to be Winners. Prize or Prize documents returned as undeliverable will result in forfeiture of such Prize. In the event of non-compliance with these Official Rules by a Winner, such Winner shall be disqualified and all privileges otherwise due to such Winner shall be terminated and an alternative Winner will be chosen from among all of the remaining Finalists. Sponsor expressly reserves the right to delay the announcement of the Winners for any reason Sponsor deems necessary.
13. Prize Terms: The dates for fulfillment of the Prizes will be on or about April 29, 2017, but subject to change in Sponsor’s sole discretion. If for any reason, any Prize is unavailable or any Prize or related event is delayed, cancelled or postponed, Sponsor reserves the right to modify the Contest in its sole discretion and award a substitute Prize, or portion of a Prize, of comparable or greater value, as set forth in these Official Rules. No substitution, transfer, assignment or cash equivalent of the Prizes, or any portion thereof, is permitted by a Winner. The Sponsor, its affiliates, its media partners, sponsors and all other persons or entities working with Sponsor to conduct the Contest and each of their respective directors, officers, employees, agents and representatives (the "Releasees") shall have no responsibility or obligation to a Winner who is unable or unavailable to, or who does not for any reason, accept or utilize the Prizes. All costs and expenses not specifically listed above as part of the Prizes are solely the Winners’ responsibility. The Grand Prize Winner must supply Sponsor with his or her social security number for tax purposes. An IRS Form 1099 will be issued in the name of the Grand Prize Winner for the actual value of the Grand Prize. All federal, state and local taxes, and any other costs and expenses associated with acceptance or use of a Prize not specifically provided for in these Official Rules are solely the Winners’ responsibilities.
14. Odds of Winning: The odds of winning vary based on the number of eligible entries, the quality of the submissions, and how well the submissions meet the judging criteria.
15. Winners: A list of the Winners of the Contest will be posted to the Contest Website following the Conference.
1. Each Eligible Nomination will be evaluated to determine how well the Nominee has:
1. provided example(s) of outstanding caregiving to their local and Stupid Cancer communities
2. exemplified what it means to get busy living
3. ongoing and outstanding level of support to patient/survivor
4. ability to empower the patient/survivor medically, socially, physically and emotionally
5. actively given back and/or paid it forward
Judges will evaluate each Nominee based on each of the above-mentioned qualities, [equally weighted,] and assign a value using the following scale:
Poor / Unable to Score (1)
Very Good (4)
RIGHTS TO CONTENT
1. Rights to Content: The Nominator shall, at all times, as between Sponsor and the Nominator, remain the holder of any copyright and any other intellectual and/or proprietary rights existing in the contents of the Nomination Materials (the “Content”) submitted in connection with the Contest. The Nominator and the Nominee shall, and hereby do, grant to Sponsor and Sponsor’s designees a non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sub-licensable, assignable, license to store, transmit, copy, edit, create derivative works from, publish, publicly display, broadcast and publicly perform the Content, in whole or in part and alone or together with any other material, for any lawful purpose whatsoever in any and all media now known, or hereafter devised throughout the world in perpetuity, without additional compensation, consideration or notification.
2. Ability to Grant License: Each Nominator and Nominee hereby represents and warrants that he or she is:
1. Legally entitled to grant the license(s) to the Content described herein to these Official Rules; and
2. Not violating any law, rule, regulation, order, these Official Rules, and/or the legal rights of any third party, by participating in the Contest, including by the submission and approval of the Nomination Materials, and/or by granting license(s) of the Content in these Official Rules.
1. Each Nominee and Nominator is responsible for complying fully with both the letter and spirit of all the provisions of these Official Rules for the Contest. Failure to do so may result in a Nominee’s disqualification from the Contest.
2. All Nominees and Nominators are strictly prohibited from, in any degree, and in connection with any portion of the Contest, engaging in the following conduct:
Interfering with the judging or otherwise attempting to influence any of the judges in connection with the Contest (other than through the submission of the Nomination Materials in accordance with these Official Rules).
Interfering, in any way, with the judging period or with the legitimate administration of the Contest;
Including false or misleading information in the Nomination Materials submitted, or materials otherwise provided, in connection with the Contest;
Violating any third party’s rights, including any third party’s intellectual property or proprietary rights, in connection with a nomination or otherwise participating in the Contest;
Engaging in conduct which raises material questions about the Nominator’s or Nominee’s honesty, integrity, or character or which is likely to subject Sponsor or the Contest to disrepute by association;
Engaging in any act, course of conduct, or omission that Sponsor reasonably believes to be inconsistent with the fair administration of the Contest;
Engaging in, or encouraging others to engage in, conduct that violates the law or another party’s rights;
Engaging in political advocacy, including supporting a political party, supporting a particular candidate, lobbying for or against any law or proposed law, or otherwise using any aspect of the Contest as a platform for advancing a particular political agenda;
Using the Contest, including any Nomination Materials, to discriminate against, disparage or denigrate anyone on account of race, age, gender, disability, sexual orientation, ethnicity, religion, political orientation, national origin, ancestry, marital status, veteran status or mental or physical disability;
Using the Contest, including any Nomination Materials, to disparage or denigrate a product, service, person, company or organization including, but not limited to, Sponsor and/or its partners;
Using the Contest, including any Nomination Materials, to promote or advocate for a religion or any particular religious point of view, or to engage in proselytizing, which includes but is not limited to, acts meant to advance a religious denomination or expand its membership or encourage conversion; and
Using the Contest, including any Nomination Materials to make statements that contain profanity, are overtly sexual or violent, or that suggest an intent to abuse or harm others.
1. General: By participating in the Contest in any way (whether as a Nominator, a Nominee, by visiting the Contest Website or otherwise), you: (a) agree to be bound by these Official Rules and by the interpretations of these Official Rules by Sponsor and by the decisions of Sponsor; (b) acknowledge compliance with these Official Rules; (c) agree to comply with any and all applicable federal, state and local laws, rules, regulations, ordinances and orders; and (d) agree to release and hold harmless Releasees from and against any and all claims, injury or damages arising out of or relating to such participation in the Contest and/or the use, misuse or redemption of the Prizes, and for any claims including claims based on defamation, publicity rights, invasion of privacy, copyright infringement, trademark infringement, or any other intellectual property related cause of action. By participating in the Contest, as a Nominee, Nominator, or by visiting the Contest Website, you agree to release the Releasees from any and all liability, loss or claim of any kind which may arise from, or relate to, your participation in any aspect of the Contest or from your use or misuse of any Prize(s) received. This release shall be effective even if your loss or claim is caused by, or contributed to by, the negligence of one or more of the Releasees.
2. Continuing Eligibility: Sponsor reserves the right, throughout all phases of the Contest (including during the period after the Winners have been determined, but before prizes have been distributed), to take any additional steps it deems reasonably necessary to ensure that each Nominee meets the eligibility requirements set forth herein and has otherwise complied with these Official Rules. Nominee agrees to comply with all such measures and understands that Nominee’s continuing eligibility to participate in the Contest is expressly conditioned on such compliance.
4. Cancellation, Modification, or Suspension: If for any reason the Contest is not capable of running as planned, Sponsor reserves the right, in its sole discretion, to cancel, modify, or suspend the Contest.
5. Technical Problems: Sponsor assumes no responsibility for errors in transmission, interruptions in service, or other technical errors or delays which could affect a Potential Nominee’s nomination, including whether such nomination is ultimately received by Sponsor or the Nominee, and may arise from, among other things, high volumes of internet traffic to the Contest Website, failures in internet service, unauthorized intervention by third parties, or other technological problems.
6. Indemnification: As a Nominee or Nominator in the Contest, you agree to indemnify and hold the Releasees harmless against any third party claims that may arise from, or relate to, your breach of any of the terms of these Official Rules or your participation in the Contest.
7. Limitation on liability: To the extent a Nominee, Nominator, other person with a claim in connection with the Contest or visitor to the Contest Website has a claim that is not released by the above liability release, the aggregate liability of the Releasees shall be limited, in the aggregate, to the lesser of $100 (U.S.) or the actual damages incurred by such claimant(s). In no event shall the liability of the Releasees include indirect, consequential, or punitive damages. Sponsor shall not be liable to Nominees, Nominators or any other person in connection with the Contest as a result of a cyber breach in the Contest Website. Sponsor cannot be held responsible and may not be held liable for technical errors that may prevent the Contest from running as planned.
8. Warranties: Winners acknowledge that Sponsor does not make, nor is in any manner responsible for, any warrant or representation, expressed or implied, in fact or in law, statutory or otherwise, relative to the quality, conditions, fitness or merchantability of any aspect of the Prize except that the Prize may be subject to a manufacturer's standard warranty.
9. Choice of Law and Jurisdiction: THESE OFFICIAL RULES AND YOUR AGREEMENTS MADE IN CONNECTION THEREWITH SHALL BE GOVERNED BY, AND INTERPRETED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK (OTHER THAN ITS LAWS RELATED TO CONFLICTS OF LAW). THE NEW YORK COURTS SITTING IN NEW YORK, NEW YORK (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OVER ANY CONTROVERSIES REGARDING THESE OFFICIAL RULES. BY PARTICIPATING IN ANY WAY IN THE CONTEST OR VISITING THE CONTEST WEBSITE YOU HEREBY WAIVE ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMIT TO THE JURISDICTION OF THESE COURTS IN CONNECTION WITH ANY CONTROVERSIES ARISING OUT OF THESE OFFICIAL RULES AND YOUR AGREEMENTS MADE IN CONNECTION THEREWITH.
10. Severability: To the extent that any provision of these Official Rules (including your agreements made in connection therewith) or any paragraph, term, sentence, phrase, clause or word of these Official Rules shall be found to be void, illegal or unenforceable for any reason (and not subject to further appeal), (i) the remaining terms and provisions hereof shall be unimpaired and shall remain in full force and effect, and (ii) the illegal, invalid or unenforceable provision or term shall be replaced by a term or provision that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term or provision.
11. Sponsor’s Address: Sponsor is located at 40 Worth Street, Suite 808, New York, NY 10013
12. Notice of Infringing Eligible Nominations:
To file a notice that any Eligible Nomination infringes the copyright rights of any third party, please provide a notification containing the following details:
A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You must send this notice by mail, e-mail, fax or phone to: Mallory Rivera Stupid Cancer 40 Worth Street, Suite 808, New York, NY 10013 By E-mail: firstname.lastname@example.org By Facsimile: 877-794-6902 By Phone: 877-735-4673
13. Counter Notification:
If you are a Nominee or Nominator whose Nomination Materials have been taken down as result of a notice filed pursuant to the forgoing section, you may file a counter-notification that contains the following details:
Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Sponsor may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
You must send this notice by mail, e-mail, fax or phone to: Mallory Rivera Stupid Cancer 40 Worth Street, Suite 808, New York, NY 10013 By E-mail: email@example.com By Facsimile: 877-794-6902 By Phone: 877-735-4673