Protect Toothy with Select Health Dental

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Official Rules

1. Contest Period/Sponsor: The SelectHealth "Show Us Your Smile" photo contest (the "Contest") begins at 12:00:01 AM Mountain Standard Time ("EDT") on May 18, 2009 and ends at 11:59:59 PM EDT on June 21, 2009 (the "Entry Period"). Sponsor: SelectHealth, 4646 W. Lake Park Boulevard, Salt Lake City, Utah, 84120-0192.
2. Eligibility: Contest is limited to legal residents of Utah, ages 18 years of age or older. Employees of Sponsor, SelectHealth, and its parents, subsidiaries, affiliates, as well as the advertising and promotional agencies and anyone involved in the development, administration, fulfillment and execution of the Contest (collectively, "Contest Entities") and the immediate family members (spouse, parent, child, sibling) of each are not eligible to enter or win.
3. How to Enter: To enter visit http://www.protecttoothy.com, register and complete the Contest Entry Form and then upload an original photo. The Photo and Entry Form together are an "Entry(ies)." Entries must be received by 11:59:59 PM MST on June 21, 2009. The person named on the Contest Entry Form will be deemed the entrant ("Entrant"). Entries must be submitted by an individual; no group entries allowed. Incomplete, unreadable, unintelligible or otherwise non-compliant Entries will be disqualified. Entries will not be acknowledged or returned. Proof of submission of an Entry does not constitute proof of receipt by Sponsor.
4. Requirements for Entry: Entrant represents and warrants: (i) that the Photo, and all elements thereof, is original with you and is not copied from any other work and does not infringe upon the rights of any third party; and to the extent any elements were created by a third party ("Third Party Participants"), you own all rights, title and interest to said elements or those elements are in the public domain; (ii) that the Photo is free and clear of any liens, conflicting contractual rights or other claims with respect to the use of the Photo in the manner authorized herein, (including, but not limited to the right to record and/or publish the Photo); (iii) use by the Sponsor of the Photo as granted herein 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, including but not limited to claims for re-use fees or residuals, and (iii) that the Photo is not and will not be defamatory, libelous, pornographic or obscene. Your Entry must comply with the following:
5. Ownership/Use of Entries: Entrants retain ownership of the Photos they submit, however, by entering you, on behalf of yourself and any Third Party Participants, grant Contest Entities the perpetual, fully-paid, irrevocable, non-exclusive license to reproduce, prepare derivate works of, distribute, display, exhibit, transmit, broadcast, televise, digitize, otherwise use, and permit others to use and perform throughout the world the Photo in any manner, form, or format now or hereinafter created, including on the internet, and for any purpose, including, but not limited to, advertising or promotion of Contest Entities and Contest Entities' goods and/or services, all without further consent from or payment to you, Identifiable Persons, Third Party Participants or any other third parties. Sponsor reserves the right to post the Photos on the Sponsors' Web Sites for promotional purposes, but Sponsor has no obligation to post or publish your Photo and any such publication or postings will be in Sponsors' sole discretion. In addition, by submitting a Photo, Entrants acknowledge that, by acceptance of an Entry, Contest Entities, do not waive any rights to use similar or related ideas that might be contained in a Photo which was previously known to Sponsor, or developed by its employees, or obtained from sources other than Entrant, or rights to use similar or related ideas without any restriction whatsoever, or further obligation to Entrants or any Third Party Participants. If Sponsor is unable to match a Photo uploaded with an Entrant, based upon the information the Entrant provides in the Entry Form, or in the event of any dispute or potential dispute regarding the Entry or Entrant, Third Party Participants, Depicted Persons or any third party, the Entry may be disqualified in Sponsors' sole discretion.
6. Prizes: Weekly Prizes: Five weekly winners will receive a $250 American Express gift card. Runners-up will receive a T-shirt or other Toothy Prize. Once a weekly winner has been named, that individual cannot win additional weekly prizes.
7. Winner Selection: All Entries will be rated by visitors to the protecttoothy.com website. Visitors may only vote once per day, per photo, but may vote for multiple photos within the same day. One week before the winning photo is selected, ten finalists will be selected based on their overall votes. In the event of a tie, the tying Entries will be re-judged based on originality and creativity. In the event of a further tie the tying Entries will be re-judged based on suitability for trade and advertising purposes.
8. Runner Up/Winner Notification: Sponsor will notify the potential Weekly Winner by e-mail, phone and/or postal mail. The Winner will be required to execute an affidavit of eligibility, liability release, publicity release and grant of rights (collectively, "Release") and ALL Third Party Participants and ALL Identifiable People will be required to execute a release and assignment (collectively, "Assignment") as a condition to the potential winner being declared the weekly Winner. If a Grand Prize Winner, or any Third Party Participant or Identified Party is a minor, as determined by the laws of the state in which s/he resides ("Minor") then any required documentation must be signed by that Minor’s parent or legal guardian. If a potential winner does not respond to the notification or if a Third Party Participant or Identifiably Person does not return the required Release or Assignment within seven (7) days of the date of notification, or if an Entry is found to be ineligible for any reason, the potential winner will be disqualified and will forfeit any rights to the prize and a runner up will be selected as the winner. By entering this Contest, unless prohibited by law, each Entrant grants to the Contest Entities the right to use, display, distribute or publish such Entrant's name, likeness, photograph, voice, address (city and state), biographical information, and any material based thereon or derived therefrom, and his/her Entry or to refrain from so doing, in any manner in any and all media, whether now known or hereafter devised, anywhere in the world in perpetuity without limitation or compensation and without additional notice. Acceptance of a prize constitutes a waiver, by Entrant, Identifiable Persons and Third Party Participants, if any, of any claims to compensation, royalties, or other remuneration for all uses of the Entry by Contest Entities or their respective agents that are permitted or granted hereunder.
9. General Conditions: By participating, Entrants (and their parents or legal guardians if Entrants are Minors) agree (a) to be bound by these Official Rules and the decisions of the Sponsor and the judges, which shall be final in all respects, (b) agree that they are bound by the Terms of Use regarding the uploading and posting of their Photo, (c) agree that any dispute arising under this Contest will be governed by, and construed in accordance with, the laws of the State of Utah, United States of America, without giving effect to any choice of law or conflict of law rules, (d) consent to the jurisdiction and venue of the federal, state, and local courts located in Salt Lake City, Utah, and (e) hereby release the Contest Entities, and each of their respective officers, directors, agents, representatives and employees; and each of these companies and individuals' respective successors, representatives and assigns (collectively, the "Released Parties") from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from or in connection with participation in this Contest and/or acceptance or use of any awarded prize. Entrants agree to indemnify and hold the Released Parties harmless from and against any claims arising out of a breach by Entrant of any of the representation and warranties contained in these Official Rules. The Released Parties shall not be liable for: (i) late, lost, delayed, stolen, misdirected, incomplete, unreadable, inaccurate, garbled or unintelligible entries, communications or documents, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays, inability to upload or download or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses or damages of any kind caused by any prize or resulting from the acceptance, possession or use or misuse of such prize, or from participation in the Contest; or (v) any printing, human typographical, administrative or technological errors in any materials associated with the Contest. Sponsor disclaim any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Contest, and reserves the right, in its sole discretion, to cancel, modify or suspend the Contest should a virus, bug, computer problem, unauthorized intervention, human error or other error, corrupt the administration or security of the Contest. Sponsor shall not be responsible if the Contest cannot be implemented or if a prize cannot be awarded due to delays or interruptions due to acts of God, acts of war, strikes, governmental action, natural disasters, weather or acts of terrorism. Any and all disputes, claims, and causes of action arising out of or in connection with this Contest, shall be resolved individually, without resort to any form of class action. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS CONTEST. ENTRANT (AND THEIR PARENTS OR LEGAL GUARDIANS IF ENTRANTS ARE MINORS) HEREBY WAIVES ANY RIGHTS OR CLAIMS TO ATTORNEY'S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, IDENTIFIABLE PERSONS, OR THIRD PARTY PARTICIPANTS, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE CONTEST WEB SITES OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE CONTEST. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
10. Privacy Policy: Any personal information supplied by you when entering this Contest or uploading your Photo will be subject to the Contest Entities' privacy policy posted on www.protecttoothy.com/privacy and www.selecthealth.com/privacy. In addition, unless prohibited by the applicable privacy policy or by law, by entering the Contest, you grant the Contest Entities permission to share your email address and any other personally identifiable information with select business partners for you to receive offers from those partners and with the other Contest Entities, and any other organizations affiliated with the sponsorship, fulfillment, administration, prize support, advertisement or promotion of the Contest, for the purpose of administration, judging and prize fulfillment.
11. Official Rules and Winner List: For a copy of the official rules, mail a self-addressed, stamped envelope to: "The SelectHealth Show Us Your Smile Contest", 4646 W. Lake Park Boulevard, Salt Lake City, Utah, 84120-0192. Please note on the front left corner of the envelope that you are requesting “Rules” or “Winner's List”. Requests must be received by June 15, 2009.