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1. NO PURCHASE NECESSARY TO ENTER OR WIN. Versamed’s iVent201 “Anytime, Anywhere” Challenge (the "Challenge") is open to all users of the iVent201 ventilator. Employees (and their immediate families and household members, whether or not related) of Versamed, Inc. ("Versamed") and their respective parents, subsidiaries, affiliates, franchisees or distributors are not eligible to enter or win this Challenge. Void wherever taxed, prohibited or restricted by law. Challenge is subject to all applicable federal, state and local laws and regulations and shall be governed by New York law. All entrants who are under the age of Eighteen (18) at the time of entry must have the permission of at least one (1) of their parents and/or legal guardians to enter. By entering the Challenge, entrants and/or their parents or legal guardians (if such entrants are minors): (i) agree to accept and be bound by all terms of these Official Rules and Regulations ("Official Rules"), and (ii) agree that New York courts have jurisdiction over any dispute or litigation arising from or relating to the Challenge and that venue shall only be New York, NY.
2. HOW TO ENTER: From Saturday, December 1, 2007 through Friday, October 31, 2008 (the "Promotional Period"), Versamed will conduct a Challenge focusing on the iVent201 creative/challenging application. To enter, participants must log on to the Challenge page of the Versamed.com website, located at http://www.versamed.com/resources/challenge.html (the "Website"), during the Promotional Period and submit your entry. To be eligible, all entrants must provide accurate contact information in their submission and their description cannot be no more than Five Hundred (500) words in length, which describes in detail a unique and challenge application of the iVent201. No other materials will be accepted by Versamed in connection with the Challenge. All entries must be submitted in the name of an individual person and prizes will only be awarded to the person whose name is on each winning entry, regardless of other circumstances. Challenge Entries must be the entrants' original, previously unpublished work and all entries (including Challenge Entries) become the property of Versamed, will not be acknowledged or returned and may be used by Versamed in any manner or media in perpetuity without compensation. Challenge Entries must be written in English and Challenge Entries on any topic other than the chosen Topic shall be disqualified. Any plagiarism and/or failure to properly identify non-original material by an entrant will result in such entrant's disqualification. Challenge Entries containing quotations or copyrighted materials which are not properly identified will also be disqualified. All words in the Essay except the title, bibliography and/or footnotes shall be counted towards the Five Hundred (500) word limit. Challenge Entries that Versamed and/or the judges deem, in their sole discretion, to be inappropriate or obscene will be void. Limit one (1) entry per person. Multiple entries from any person and/or duplicate entries will be deemed void.
No mechanical reproductions, online entries, or facsimiles will be accepted by Versamed and all such entries will be void. Versamed are not responsible for misdirected, inaccurate, incomplete, lost, late, delayed, undelivered, damaged or illegible entries, and all such entries will be void. Versamed are also not responsible for technical, hardware, or software failures of any kind, or other errors or problems which may occur in connection with or relating to the Challenge, whether computer, network, technical, mechanical, typographical, printing, human or otherwise, including, without limitation, errors or problems which may occur in connection with the administration of the Challenge, the processing or judging of entries, the announcement of the prizes, in any Challenge-related materials or that may limit prize fulfillment or a participant's ability to enter the Challenge. Versamed reserve the right, in their sole discretion, to cancel, modify or prematurely conclude the Challenge should any computer virus, malfunction, fraud, tampering, unauthorized intervention or other cause beyond their control corrupt the administration, security or proper operation of the Challenge. If the Challenge is cancelled, Versamed may, in their sole discretion, judge all eligible entries received up to time of such action using the judging procedures outlined below to determine either the Semi-Finalists and/or Winners. False or deceptive entries or acts will render the entrant ineligible and Versamed reserve the right to disqualify any entrant (and void his/her entry) who attempts to undermine the legitimate operation of the Challenge by tampering with any Website mechanism, acts in a disruptive manner or violates these Official Rules. Any attempt by an individual to deliberately damage or undermine the legitimate operation of the Challenge may be in violation of criminal and civil laws. Should such an attempt be made, Versamed reserve the right to seek remedies and damages (including attorneys' fees) from any such person(s) to the fullest extent of the law, including criminal prosecution.
3. JUDGING: One (1) 1st place and five (5) 2nd place winners will be selected by a panel of Versamed staff members on or around November 15, 2008 from all eligible entries received by the dates specified above, based equally upon the following criteria: originality, creativity, and relevance to the Topic. The decisions of the judges will be final and binding on all participants. The odds of being a winner will depend on the total number of eligible entries received during the Promotional Period. In the event of a tie an additional "tie-breaker" judge will determine the winner and/or from among all such tied entries using the judging criteria above. The decisions of Versamed and judges will be final and binding on all matters.
4. WINNER NOTIFICATION: Winners will be notified by Versamed within approximately two (2) days of determination either by the telephone number or e-mail address provided on his/her Official Entry Form. Winners must also meet all eligibility requirements, including the execution and return of all necessary releases. In the event any potential Winner is a minor, prize may be awarded in the name of his/her parent or legal guardian who will be responsible for fulfilling all requirements imposed on Winners set forth herein. Potential Winners (and/or their parents or legal guardians if such entrants are minors) may each be required to provide proof of identity, address and birth date, as well as execute and return an affidavit of eligibility, tax acknowledgment form, liability release and, except where prohibited by law, publicity release within three (3) days of date of issuance either via facsimile or US registered mail in order to claim the prize. If any potential Winner fails to do so or if: (i) any prize notification is returned as undeliverable, (ii) a potential Winner declines his or her prize or cannot travel, or (iii) a potential Winner is determined to be ineligible for reason, such potential Winner will be disqualified and, at Versamed' sole discretion, a runner-up will be notified.
5. PRIZES: 1st Place Winner will receive a seven (7) day/ six (6) night cruise trip for two (2) to the Caribbean. tentatively scheduled to take place between December 1, 2008 and November 24, 2009 (the "Trip"), at an approximate retail value ("ARV") of Six Thousand Dollars (US$6,000.00). The trip shall be booked by the contest prize winner through Todd Utikal – Travel Agent, contact phone 925-743-7800. Any expenses in excess of $6000 shall be the responsibility of the contest winner. 2nd Place winners will receive a one (1) hundred dollar American Express Gift Certificate. 1st Place Winner travel arrangements must be made through Versamed' agent on a carrier of Versamed' choice. No substitutions, partial acceptance, transfer of prizes or cash redemptions permitted by Winner. Winner and their Travel Companions must travel within the dates specified by Versamed or the Trip shall be forfeited in its entirety and Versamed shall have no further obligation to such Winner. Versamed reserve the right to substitute a prize of comparable or greater value in the event a described prize or any portion thereof, is unavailable for any reason whatsoever. Winners and/or their Travel Companions are responsible for all costs and expenses not expressly provided for above. Winner and/or their parents or legal guardians are responsible for the reporting and payment of all federal, state and local taxes incurred by acceptance and use of the prize (or any portion thereof). All prize details are at Versamed' discretion.
6. GENERAL RULES AND REGULATIONS: By entering this Challenge, entrants (and/or their parent or legal guardian): (i) agree to be bound by the decisions of Versamed and judges which are final and binding in all matters; (ii) grant Versamed and their designees the right, unless prohibited by law, to use their names, cities and states of residence, voices, pictures and likenesses, without compensation, notification or permission, for the purpose of advertising and publicity in any and all media, now or after known, throughout the world in perpetuity; (iii) represent and warrant that they are not participating in the Challenge (or, in the event they are a Winner, attending the Show) in the capacity of a reporter and further represent and warrant that they will not write, publish or cause to be published any article or book about their participation in the Challenge; and (iv) acknowledge and agree that Versamed will own and administer 100% of the copyright in all Challenge Entries submitted, with the perpetual right to use such Challenge Entries. Versamed will own the entries submitted (including the Challenge Entries and all rights embodied therein), and their designees may exploit, edit, modify, and distribute the entries and all elements of such entries, including, without limitation, the names and likenesses of any persons or locations embodied therein, in any and all media, now or hereafter known throughout the world in perpetuity without limitation at no additional notification or permission of entrants, their parents or legal guardians or any third party. In addition, entrants (or their parents or legal guardians if such entrant is a minor) forever waive and relinquish all so-called "moral rights ("droit moral") now or hereafter recognized. Versamed, expressly disclaim any responsibility and entrants (or their parents or legal guardians if such entrant is a minor) agree to release, indemnify and hold Versamed harmless for liability, damages or claims for injury or loss to any person or property (including death) relating to, in whole or in part, directly or indirectly, participation in this Challenge, the acceptance and/or subsequent use or misuse of any of the prizes awarded (including any travel or activity release thereto), claims based on publicity rights, defamation or invasion of privacy. Versamed are not responsible for any injury or damage to persons or property which may be caused directly or indirectly, in whole or in part, from the downloading of any material from the Website, regardless of whether the material was prepared by Versamed or a third party, and regardless of whether the material is connected to the Website by a hypertext link. Versamed further assume no liability either for the cancellation, modification or premature conclusion of the Challenge for any reason or through the acts or defaults of any company or person providing any prize. All such losses or expenses must be borne by the affected participants, entrants and/or Winners.
7. OFFICIAL RULES AND WINNERS' NAMES REQUESTS: For a copy of these Official Rules, log onto the Website. For a list of the Winners' Names, send a self-addressed, stamped envelope to the following address beginning December 31, 2008: Versamed, Inc. ATTN: Challenge Winner, 2 Blue Hill Plaza, Pearl River, NY 10965. Requests received after April 1, 2008 will not be honored.
8. VERSAMED: This Challenge is sponsored by Versamed, Inc., 2 Blue Hill Plaza, Pearl River, NY 10965.
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