LIVES: Leveraging Impactful Videos to End Stigma Competitor Agreement

Recovery Brands LIVES Challenge: Leveraging Impactful Videos to End Stigma

Official Challenge Rules

No purchase, contribution, or payment of any kind is necessary to enter or win.  A purchase or payment of any kind will not increase your chances of winning.  Void where prohibited or restricted. By entering this Challenge and/or accepting a prize, you (and your parent or guardian, as applicable) agree to these official Challenge Rules.

Customer disclosure: you have not yet won.

1. Entry Period.  The LIVES Challenge: Leveraging Impactful Videos to End Stigma (the “Challenge”) begins at 12:01 AM on February 23, 2016, and ends at 11:59 PM on May 23, 2016 (the “Challenge Period”).  Pacific Time shall control for all purposes of this Challenge.
2. Eligibility.  This Challenge is open only to legal residents of the United States and the District of Columbia (specifically excluding Puerto Rico) (the “Eligibility Area”) who are 18 years of age or older at the time of entry and currently reside in the Eligibility Area at the time of entry.  Entrants who are not yet at the age of majority in the jurisdiction in which they reside will be required to obtain parental or legal guardian consent to be eligible to enter.  This Challenge is VOID outside of the Eligibility Area and where otherwise taxed, prohibited, or restricted.  Employees, directors, agents, and suppliers of Recovery Brands, LLC (“Recovery Brands”), its affiliated companies, and members of their immediate families (i.e., parents, spouse, children, siblings, grandparents, stepparents, stepchildren, and stepsiblings) or households are not eligible to participate in this Challenge.  By participating in this Challenge or clicking “I agree,” each entrant (a) accepts the terms and conditions in these Official Challenge Rules; (b) agrees to be bound by these Official Challenge Rules and by the decision of Recovery Brands and the judge relating to this Challenge, which shall be binding and final in all respects; (c) warrants that he/she is eligible to participate in this Challenge; and (d) agrees to be bound by the terms set forth on https://herox.com/terms-of-use.
3. To Enter.  No purchase necessary to enter or win.  To enter, visit the Challenge website at https://herox.com/EndTheStigma and follow the instructions to register as an entrant to the Challenge.  You must submit your entry by 11:59 PM on May 23, 2016.

Participation is limited to three (3) entries per person; however, each entry must be substantially different than each of entrant’s other entries.  Each entry will be deemed to have been submitted by one (1) entrant, regardless of the number of people who might appear in or otherwise help to create an entry.  Once an entry is submitted, it cannot be modified in any manner by entrant or any other person. 

No entry may have been previously submitted in any contest or sweepstakes.

If any other persons appear as part of an entry, entrant agrees that prior to submitting his/her entry, entrant has obtained the written consent of each such individual who appears (and their parent or legal guardian, if such person is a minor), granting Recovery Brands and its designees the use of such individual’s name, biographical information, voice, performance, photograph/video, image and/or likeness for programming, advertising, publicity and promotional purposes in any and all media, now or hereafter known, worldwide, in perpetuity, without compensation (except to the extent prohibited by law) or additional consents and without prior notice, approval or inspection, and agreeing to execute specific written consent to such use if asked to do so; provided, however, the foregoing shall not be interpreted as Recovery Brands permitting the inclusion of any other individual or third-party in an entry if the same is otherwise prohibited in these Official Challenge Rules.  Recovery Brands reserves the right to request proof of any such permissions (if applicable) in a form acceptable to Recovery Brands from an entrant at any time.  Failure to provide such proof, if requested, may result in entrant’s disqualification, at Recovery Brands’ sole discretion.

All material must be suitable for display and publication.  Entry must be in English.  Entries must not contain illegal content, depict illegal actions or have involved illegal conduct in its creation.  Material must be dignified, modest and in good taste, must not be obscene or indecent or contain profanity, nor contain any offensive or defamatory statements, including but not limited to words or symbols that might be considered offensive to individuals of any race, ethnicity, religion, sexual orientation or socioeconomic group, nor include threats to any person, place, business, or group, nor violate the privacy or other proprietary rights of any person, firm or entity, including, without limitation, any third party trademarks or copyrights. No entry may contain video, sound recordings, photographs, drawings, or other identifiers of products competitive with those of Recovery Brands or American Addiction Centers, Inc.  Recovery Brands reserves the right to make determinations of suitability in its sole and absolute discretion, and to disqualify any entries it determines to be inappropriate for any of the reasons listed above, or for any other reason.  Entrants acknowledge and agree that entries may be formatted, edited or otherwise converted in order to be used by Recovery Brands for any reason, including without limitation, for creative and/or technical reasons, and for potential promotional use.  In the event that your entry is chosen as a potential winner, you will be required to assign and transfer all original entry elements, as and if applicable, regardless of original format, size, or resolution and, if applicable, the highest resolution version of your entry, to Recovery Brands within seventy-two (72) hours of first-attempted notification.

Entries submitted via facsimile are prohibited. A Recovery Brands computer is the official timekeeping device for all entries.  All entries become the property of Recovery Brands and will not be acknowledged or returned.  No changes to any entry information will be permitted after the end of the Challenge Period.  In the event of a dispute over the identity of an entrant, the entry will be deemed submitted by the registered holder of the email account associated with an entry.  Entries received by Recovery Brands after the end of the Challenge Period will be discarded and deemed VOID. Proof of entering the Challenge online will not be deemed to be proof of actual receipt by Recovery Brands.  Recovery Brands shall not be responsible for technical failures in entry transmission.  Entries may not be acknowledged and will not be received or held in confidence.   Submitting an entry does not create a confidential relationship or obligation of secrecy between entrant and Recovery Brands or any of the entities involved in this Challenge.

1. Original Work; Right to Submit Entry.  Each entrant represents and warrants that his/her entry is an original work and that the entrant is the sole author with the full power to submit the same and to grant the licenses herein to Recovery Brands. Entrants may not submit information or content that violates the property rights of others, including without limitation the intellectual property, trade secrets or other confidential or proprietary information of a third party.  Without limiting any other provision of these Official Challenge Rules, each entrant represents and warrants that it possesses all necessary rights, permissions and consents to submit each entry that entrant submits.  Should your participation in the Challenge be found to breach any third-party rights, entrant agrees to defend, indemnify and hold harmless Recovery Brands, its direct and indirect parents and affiliates, and their officers, directors, contractors, employees, agents, licensors, and suppliers, from and against all claims, actions or demands, liabilities, losses, damages and settlements, including, without limitation, reasonable legal fees, arising in connection with or related to entrant’s participation in this Challenge that breaches the foregoing representation and warranty.  By submitting an entry to Recovery Brands, the entrant grants to Recovery Brands a perpetual, irrevocable, nonexclusive, sublicensable, assignable, royalty-free worldwide license to use, reproduce, display, distribute, publish, modify and create derivative works from the entrant’s entry in any media now known or hereafter developed.  Each entrant hereby waives any opportunity or right to inspect or approve his/her entry and/or the final product in which it may be used or incorporated. Each entrant hereby releases Recovery Brands from all claims now or hereafter existing which may arise from any use, non-use or editing of the entrant’s entry.
2. Prizes.  Subject to Sections 8 and 9 below, all prizes will be awarded by approximately September 30, 2016.  Odds of winning are determined by and depend on the total number of eligible entries received for the Challenge.  The Challenge will award two (2) prizes: (a) Five Thousand and No/100 Dollars ($5,000.00 USD) as the People’s Choice Award, which will go to the entry that receives the most votes by the public (as described in Section 6); and (b) Five Thousand and No/100 Dollars ($5,000.00 USD) as the Judge’s Choice Award, which will go to the entry that receives the most votes by a panel of judges (as described in Section 6).  One entry may win both awards. 

The winner(s) will be responsible for all expenses not specified above, including but not limited to applicable taxes, fees, and/or any other expenses associated with acceptance and/or taking delivery of the prize. Potential winners should consultant with their tax advisors regarding applicable taxes. No substitution, assignment, or transfer of a prize will be permitted, except that Recovery Brands reserves the right, in its sole discretion, to substitute all or any portion of prize with a prize of equal or greater value for any reason.Any depiction of prize, in Challenge materials or otherwise, is for illustrative purposes only. Prizes must be claimed by within thirty (30) days from the date of notification. A prize may not be combined with any other offer. Each entrant acknowledges and agrees that the winner will be responsible for all applicable federal, state, and local taxes and fees associated with acceptance of the prize and will be issued an IRS Form 1099 for the value of the prize.

1. Judge and Criteria. 
   1. The Judges’ Choice Award.  On or about July 26, 2016, Recovery Brands will select the top entries for consideration for The Judges’ Choice Award.  The selected entries will be made available to the judging panel selected by Recovery Brands for final voting. Entries will be judged and selected based on the following criteria: creativity, clarity, impact, and quality. Each judge will cast their vote between 12:01 AM on July 26, 2016, and 11:59 PM on August 25, 2016. All decisions are final.
   2. The People’s Choice Award.  On or about July 26, 2016, Recovery Brands will select the top entries for consideration for The People’s Choice Award.  The selected entries will be made available at https://herox.com/EndTheStigma to the public for public voting.  The entry that receives the most votes between 12:01 AM on July 26, 2016, and 11:59 PM on August 25, 2016, will be the potential winner of The People’s Choice Award.  Recovery Brands may review any vote to confirm the outcome.
2. Winner Selection; Notification.  Each potential winner and prize award is subject to verification and will be awarded only upon potential winner validation and verification by Recovery Brands.  Potential winners will be notified by e-mail beginning on August 26, 2016.  If a potential winner cannot be contacted after three (3) attempts, is ineligible, or fails to complete and return any required documents within the required timeframe as described in Section 8, the potential winner’s prize will be forfeited and the first runner up will be selected as an alternate potential winner, and so forth, until the prize award is claimed. No messages will be left on answering machines or voicemail systems.
3. Winner Verification; Conditions.  Each potential winner must prove eligibility, including, without limitation, age and residence, by signing and returning to Recovery Brands (or its designated agent) an Affidavit of Eligibility (including his/her Social Security Number for tax reporting purposes) and a Publicity Release within fourteen (14) days of being notified, or the potential winner is disqualified and forfeits any prize.  Additionally, each potential winner must, as a condition of taking receipt of a prize, sign and return a Challenge Intellectual Property Assignment Agreement without additional compensation.  Each potential winner agrees, as allowed by law, to allow Recovery Brands and its designees to conduct a background check and the right to use the potential winner’s name, hometown, likeness and prize information for advertising, promotion, and publicity purposes worldwide in perpetuity in any and all media, now or hereafter known, without additional compensation.  Each potential winner must fulfill all the terms of these Official Challenge Rules as a condition to being awarded a prize.  All decisions of Recovery Brands related to this Challenge, including all interpretations of these Official Challenge Rules, are final and binding.  Recovery Brands expressly reserves the right to delay the announcement of the winners for creative or technical reasons or for any other reason Recovery Brands deems necessary.
4. General Terms.  If, for any reason, this Challenge is not capable of running as planned, including without limitation, due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, force majeure, insufficient qualified entries or winners, or any other causes beyond the control of Recovery Brands or unforeseen circumstances which corrupt or affect the administration, security, fairness, integrity or proper operation of this Challenge, Recovery Brands reserves the right in its sole discretion to cancel, terminate, modify or suspend the Challenge. Should this Challenge be terminated prior to the stated expiration date of the Challenge Period, notice will be posted on https://herox.com/EndTheStigma, and the prizes will be awarded to a potential winner selected by random drawing from among the eligible entries received up until the time of termination.  No software-generated, robotic, programmed, script, macro or other automated online entries are permitted and will result in disqualification of all such entries.  Recovery Brands reserves the right in its sole discretion to disqualify any individual it finds in its discretion: (a) to have tampered with the entry process or the operation of this Challenge or otherwise acted to defraud Recovery Brands; (b) to be acting in violation of these Official Challenge Rules; or (c) to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person or to have provided inaccurate information on any legal documents submitted in connection with this Challenge.  If disqualified, Recovery Brands reserves the right to terminate the person’s eligibility to participate in this and future promotions and contests of Recovery Brands.  ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL OR ENTITY TO DAMAGE THE CHALLENGE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CHALLENGE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, RECOVERY BRANDS RESERVES THE RIGHT TO SEEK DAMAGES and all other remedies (including attorneys’ fees) FROM ANY SUCH INDIVIDUAL OR ENTITY TO THE FULLEST EXTENT PERMITTED BY LAW.
5. Disclaimer; Release; Limitation of Liability.  Recovery Brands is not responsible for: (a) any typographical or other errors in the printing of the offer, these Official Challenge Rules, or any related advertisements; (b) administration of this Challenge or the announcement of the prize or potential prize winners; (c) late, lost, illegible, incomplete, stolen, deleted, or misdirected entries; or (d) other error of any kind, whether human, mechanical or electronic. Recovery Brands does not assume any responsibility or liability for incorrect or inaccurate entry information, whether caused by an entrant or by any of the equipment or programming associated with or utilized in this Challenge or by any human error which may occur in the processing of the entries in this Challenge.  Recovery Brands is not responsible or liable for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail on account of technical problems or traffic congestion on the Internet or at any web site, or any combination thereof, including, without limitation, any injury or damage to an entrant's or any other person's computer related to or resulting from participation in this Challenge. Entrants acknowledge that Recovery Brands has not made, and is not in any manner responsible or liable for, any warranty, representation, or guarantee, expressed or implied, in fact or in law, relating to this Challenge or any prize.

By participating in this Challenge, entrants release, discharge, and agree to indemnify Recovery Brands, its direct and indirect parents and affiliated companies, and their officers, directors, employees, and contractors, including without limitation any advertising, fulfillment, marketing agencies, public relation firms, consultants and contractors from any and all liabilities, losses expenses, damages, claims and actions of any kind whatsoever for injuries, damages or losses to persons (including death, property damage, monetary loss, publicity rights, defamation, and/or invasion of privacy) which may be sustained in connection with (i) any breach of these Official Challenge Rules by entrant; (ii) the receipt, possession, ownership, enjoyment, use or misuse of any prize, and/or while preparing for, participating in, traveling to and from taking delivery of a prize or any prize-related activity and/or participation in this Challenge, and each entrant agrees to indemnify and hold such parties from the same.  Recovery Brands expressly disclaims any responsibility or liability for injury or loss to any person or property relating to the delivery and/or subsequent use of a prize awarded.

IN NO EVENT WILL RECOVERY BRANDS its affiliated companies, and their officers, directors, employees, and contractors, including without limitation any advertising, fulfillment, marketing agencies, public relation firms, consultants and contractors BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ATTORNEY’S FEES, ARISING OUT OF THIS CHALLENGE OR THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZES AWARDED IN CONNECTION WITH THIS CHALLENGE, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, DEATH AND/OR PROPERTY DAMAGE, AS WELL AS ANY CLAIMS BASED ON PUBLICITY RIGHTS OR INVASION OF PRIVACY. IN NO EVENT SHALL RECOVERY BRANDS’S AGGREGATE LIABILITY FOR CLAIMS ARISING OUT OF THIS CHALLENGE EXCEED THE AMOUNT OF THE PRIZEs TO BE AWARDED IN CONNECTION WITH THIS CHALLENGE.

1. Governing Law; Venue.  This Challenge is governed by U.S. law and is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Challenge Rules, or the rights and obligations of entrants and Recovery Brands in connection with this Challenge, shall be governed by, and construed in accordance with, the laws of the State of Tennessee, without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 12 of these Official Challenge Rules and/or for entering any judgment on an arbitration award, shall take place in the federal or state courts of Nashville, Tennessee.  Each entrant waives any and all objections to jurisdiction and venue in these courts and hereby submits to the jurisdiction of these courts.  Any and all lawsuits or other disputes that arise relating to this Challenge must be filed within one (1) year from the date that the winner is selected.
2. Dispute Resolution.  Except where prohibited, as a condition of participating in this Challenge, entrants agree that any and all disputes which cannot be resolved between or among the parties, and any claims and causes of action arising out of or connected with this Challenge, the prizes awarded, or the determination of the winners, shall be resolved individually, without resort to any form of class action. Entrants waive all rights to trial in any action or proceeding instituted in connection with these Official Challenge Rules and/or this Challenge.  Any controversy or claim arising out of or relating to these Official Challenge Rules and/or this Challenge shall be determined exclusively by confidential and binding arbitration in accordance with the expedited rules of Judicial Arbitration and Mediation Services (“JAMS”) before a single arbitrator.  Such arbitration shall be conducted in Nashville, Tennessee.  The award of such arbitration shall be confidential, final, binding and non-appealable, except to the extent provided for in the rules of JAMS, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
3. No Waiver; Severability.  The failure of Recovery Brands to exercise or enforce any right or provision of these Official Challenge Rules shall not constitute a waiver of such right or provision.  If any part of these Official Challenge Rules is held by a court of competent jurisdiction to be invalid or unenforceable, that part will be enforced to the maximum extent permitted by law, and the remainder of these Official Challenge Rules will remain fully in force.
4. List of Winners and Official Challenge Rules.  For the names of the winners and/or for a copy of the Official Challenge Rules, visit https://herox.com/EndTheStigma or send a self-addressed stamped envelope to:

LIVES Challenge: Leveraging Impactful Videos to End Stigma

Recovery Brands, LLC

517 4th Avenue, Suite 401

San Diego, California 92101

Requests for the winners’ names will be fulfilled after the winners have been verified and must be received by Recovery Brands by October 30, 2016.  Residents of the States of Washington and Vermont may omit return postage.

1. Privacy.  All personal information provided by entrants to Recovery Brands as part of the Challenge is subject to Recovery Brands’s Privacy Policy located at http://www.rehabs.com/tos/#statement.
2. Sponsor; Administrator.  This Challenge is sponsored and administered by Recovery Brands, LLC, 517 4th Avenue, Suite 401, San Diego, California 92101.