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"Your Heart: Feel the Beat" Contest OFFICIAL RULES ("Official Rules") NO PURCHASE NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. COMPLETION OF SURVEY NOT REQUIRED AND CHOICE OF OPT IN WILL NOT EFFECT CHANCES OF WINNING. VOID WHERE PROHIBITED. "Your Heart: Feel the Beat" Contest ("Contest") is sponsored by Bauer Advertising Sales, Inc., 58 West 40th Street, New York, NY 10018 on behalf of First magazine, http://myfirstforwomen.com and Pharmavite LLC, manufacturer of Nature Made® dietary supplements (collectively, the "Sponsors"). 1. HOW TO ENTER : Eligible entrants may enter the Contest by visiting http://myfirstforwomen.com ("Website"), following all instructions and submitting your entry which consists of your downloaded, printed and completed entry form, description of why dancing motivates you and your original, solo dance video of no longer than five minutes on a DVD formatted disc by mail to "Your Heart: Feel the Beat" Contest, c/o Bauer Advertising Sales, Inc., 58 West 40th Street, 5 th Floor, New York, NY 10018. An eligible entrant may also receive an entry form by sending a written request and a self-addressed, stamped envelope to "Your Heart: Feel the Beat" Contest, c/o Bauer Advertising Sales, Inc., 58 West 40th Street, 5 th Floor, New York, NY 10018. The entry period will begin at 12:00 A.M. (EST) on February 1, 2008 and will close at 11:59 P.M. (EST) on March 10, 2008. All entries must be postmarked by March 10, 2008 and received at the address listed above by 11:59 P.M. EDT on March 15, 2008 to be eligible for the Contest. Proof of mailing is not proof of receipt. 2. ELIGIBILITY : An eligible entrant must enter via the write-in method described above. Limit one entry per person. Multiple entries submitted by a single person are void. Limit one entry per outer envelope. Entries missing elements or dance videos not on a DVD will be disqualified. All dance videos must be: (i) original to the entrant; (ii) contain no more than one person in the video; (iii) must not contain any previously published, broadcast, or televised material; and (iv) must not have been entered in any other competition, contest or promotion. Entries may not infringe on any copyrighted material or make use of any third-party trademarks or other third-party intellectual property. The Sponsors, in their sole discretion, reserve the right to disqualify any entry that includes, in whole or in part, obscene, profane, lewd, defamatory, disparaging, harmful, offensive or illegal material; that constitutes copyright infringement or otherwise violates the rights of any third party; or for any reason whatsoever. Entrants must be: (i) a legal resident of the United States excluding Florida, Rhode Island and Puerto Rico; (ii) at least 18 years of age or older; and (iii)) of the age of majority in the state of residence as of the date of entry. Professional dancers are ineligible to enter the Contest. Professional dancer is defined as any individual who has received compensation for his/her dance performance(s) at the professional level as determined by the Sponsors. The Contest is not open to any of the following individuals: employees of the Sponsors or any of the Sponsors' respective affiliates, subsidiaries, or advertising or promotional agencies; any officer, director, or agent of any of the Sponsors; nor the immediate family members of, or any persons domiciled with, any of the foregoing individuals. 3. GENERAL TERMS : Incomplete entries are void. By entering, entrants acknowledge compliance with these Official Rules, including all eligibility requirements. By entering, entrants agree TO RELEASE, INDEMNIFY AND HOLD HARMLESS THE SPONSORS, AND each of their respective officers, directors, AGENTS, Legal advisors, parent companies, divisions, affiliates, subsidiaries, distributors, suppliers and advertising, promotional or judging agencies, AS WELL AS EACH OF THEIR respective EMPLOYEES, FROM ANY AND ALL LIABILITY, CLAIMS OR ACTIONS OF ANY KIND WHATSOEVER FOR INJURIES, LOSSES OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DEATH OR INJURY TO PERSONS OR PROPERTY, AND/OR CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY) RESULTING (DIRECTLY OR INDIRECTLY) FROM PARTICIPATION IN THE CONTEST AND/OR ACCEPTANCE, POSSESSION, OWNERSHIP, OR USE OR MISUSE OF ANY PRIZE. THE SPONSORS MAKE NO WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREAFTER ENACTED, RELATIVE TO ANY PRIZE, INCLUDING, WITHOUT LIMITATION, QUALITY, MERCHANTABILITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE. No forged or altered entries are permitted. The Sponsors and each of their respective affiliates, subsidiaries, and advertising or promotional agencies will not be responsible for incomplete, lost, late, misdirected or illegible entries or for failure to receive entries due to mail failures of any kind or inability to download entry materials, including, without limitation, due to malfunctioning of any network, hardware or software, whether originating with the user or the Sponsors, or for any lost or delayed mail entries, or for any lost or delayed requests for entry forms, or lost or delayed entry forms sent in response to requests for entry forms. All entries become the property of the Sponsors and by participating in this Contest, entrants grant Sponsors a perpetual, irrevocable, exclusive license to use, publish and distribute all entry material (including dance videos), and modify all entry material in their sole discretion, and thereafter use, publish and distribute such modified material (including dance vides), for any purpose whatsoever, in any medium whatsoever. Entrants will indemnify Sponsors against any and all claims by any third party for any use or reuse of the entry. Entries will not be acknowledged nor returned. Sponsors reserve the right to edit entries for content, length and quality . Entrant agrees not to submit a video that contains any computer viruses, Easter eggs, worms, Trojan Horses or other harmful component or programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. Entry materials that have been tampered with or altered are void. The Sponsors, in their sole discretion, reserve the right to disqualify any person tampering with or attempting to tamper with the entry process or the operation of the Website, or who is otherwise in violation of the Official Rules. Any attempt by any person to damage the Website or undermine legitimate operation of the Contest is a violation of criminal and civil laws and should such an attempt be made, the Sponsors reserve the right to seek damages from any such individual to the fullest extent permitted by law. The Sponsors further reserve the right to cancel, terminate or modify the Contest if it is not capable of completion as planned for any reason, including tampering, unauthorized intervention or technical failures of any sort. Any questions regarding the number of entries submitted or the owner of an e-mail account shall be determined by http://myfirstforwomen.com and Bauer Advertising Sales in its sole, reasonable discretion. The Sponsors, in their sole discretion, reserve the right to disqualify any entries by persons who supply false information or who are otherwise determined to be tampering with or abusing any aspect of the Contest. All federal, state, local and municipal laws and regulations apply. The Sponsors' decisions regarding all aspects of the Contest shall be final and binding in all respects. 4. PRIZES : Prize winners will be selected from all of the eligible entries received. Judging will be based on the following four equally-weighted criteria: Creativity/Originality (freshness of style; creativity of moves); Heart Health Rating (level of exertion); Precision/Timing (rhythmic; control of movement; movements in time with the music); and Presence (showmanship; confidence). Judging shall be conducted by Ms. Maggie Jacqua, former professional dancer and First magazine executive editor, who will select the first, second and third place prize winners from the eligible entries, and her decisions are final. In the event of a tie, the tied entrant with the higher score in the Creativity/Originality category will be selected as the winner. In the event there remains a tie after the first tie breaker criteria is applied, then the tied entrant with the higher score in the Presence category will be selected as the winner. Prizes are nontransferable, non-endorsable and no cash or other substitutions will be offered except at the sole discretion of the Sponsors. Prizes and individual prize components are subject to availability and the Sponsors have the right to substitute a prize of equal or greater value. One (1) First place winner will receive a "Your Heart: Feel the Beat" gift basket from Pharmavite LLC and First Magazine including: (a) Nature Made® CoQ10, (b) Nature Made® Organic Flaxseed Oil, (c) Nature Made® Double Strength Fish Oil, (d) Nature Made® CholestOff® Complete, (e) fitness apparel gift certificate, (f) ten popular dance feature-film DVD's selected by Sponsors (approximate retail value of gift basket: $739.00). One (1) Second place winner will receive a "Your Heart: Feel the Beat" gift basket from Pharmavite LLC and First Magazine including: (a) Nature Made® CoQ10, (b) Nature Made® Organic Flaxseed Oil, (c) Nature Made® Double Strength Fish Oil, (d) Nature Made® CholestOff® Complete, (e) fitness apparel gift certificate, (f) five popular dance feature-film DVD's selected by Sponsors (approximate retail value of gift basket: $470.00). One (1) Third prize winner will receive a "Your Heart: Feel the Beat" gift basket from Pharmavite LLC and First Magazine including: a) Nature Made® CoQ10, (b) Nature Made® Organic Flaxseed Oil, (c) Nature Made® Double Strength Fish Oil, (d) Nature Made® CholestOff® Complete, (e) fitness apparel gift certificate, (f) three popular dance feature-film DVD's selected by Sponsors (approximate retail value of gift basket: $391.00).* Additional prize details not specified in these Official Rules will be determined in the Sponsors' sole discretion. No more than the stated number of prizes will be awarded. Subject to the execution of a separate written agreement, one or more of the winners may be selected by Sponsors to appear in a national or regional Nature Made® advertisement. Such appearance is not automatic and is not part of any prize. CarryOn Communications, Inc. and Ogilvy & Mather will, in their sole discretion, will determine if a winner will appear in a Nature Made® advertisement. 5. WINNER NOTIFICATION, ACCEPTANCE AND RELEASES : Each winner will be notified by e-mail, phone or both at the discretion of the Sponsors on or about thirty (30) days following the end of the Contest. The return of a prize notification as undeliverable may result in disqualification and an alternate winner may be selected. Winners may waive their right to receive a prize. Winners are solely responsible for reporting and payment of all federal, state and local taxes on prizes, and may be required to fill out and return to Sponsors certain tax forms in the timeframe specified by Sponsors. Each winner consents to the Sponsors' and their authorized agents' use of his/her name, likeness, picture, DVD in whole or in parts, biographical information or voice for any advertising, trade or promotional purpose, in any and all media now known or hereafter devised worldwide (including on the internet and Website) without further consent, review or compensation, except where prohibited by law. Winners will be required to execute and return within seven (7) days of notification an affidavit of eligibility, a liability release and a publicity release, except where prohibited by law. Failure to sign and return the affidavit of eligibility, the liability release or the publicity release within seven (7) days, or to comply with any term or condition of these Official Rules or the prize notification letter, may, at the sole discretion of the Sponsors, result in a winner's disqualification, the forfeiture of his or her interest in the prize, and the award of the prize to an alternate winner. Sponsors reserve the right to require and obtain additional releases from winners at any time during or after the Contest. Each entrant agrees that the Sponsors and each of their respective parent companies, divisions, affiliates, subsidiaries, distributors, suppliers and advertising, promotional or judging agencies, and their respective employees, officers, directors, agents and legal advisors shall not be liable or responsible for any printing or typographical errors, typos, or misprints in these Official Rules or in any materials associated with the Contest whether caused by the Sponsors, their agents, the entrant, or by any human error. The winner shall bear all risk of loss or damage to prize after it has been delivered. To request a copy of these Official Rules or the Winners List, send your written request and a self-addressed, stamped envelope postmarked prior to March 10, 2008 for rules and prior to October 31, 2008 for Winners List (indicating your request) to "Your Heart: Feel the Beat" Contest, c/o Bauer Advertising Sales, Inc., 58 West 40 th Street, 5th Floor, New York, NY 10018. Residents of Vermont and Washington state may omit postage for Official Rules requests. 6. CHOICE OF LAW : These Official Rules and any dispute arising hereunder or in connection with the Contest shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the state of New York, with venue in New York County in the State of New York. |
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