Contest Rules

ELIGIBILITY.  The “Making Sense of Diabetes” Contest (“Contest”) is open to registered members of www.tudiabetes.com (the “Site”) who are at least of the age of majority in their state and country as of the start date of the Contest, who have internet access and who are legal residents of English and Spanish-speaking countries, excluding Quebec and U.S.-embargoed countries (“Contestants”).  This Contest is void in Puerto Rico, the U.S. Virgin Islands, U.S. Military installations in foreign countries, all other U.S. territories and possessions, and wherever else restricted or prohibited by law.

This Contest is sponsored by Diabetes Hands Foundation, P.O. Box 9421, Berkeley, CA 94709 (“Sponsor”) and has been made possible through support provided  by Boehringer Ingelheim Pharmaceuticals, Inc. (“BIPI”) (collectively “Contest Entities”).  Employees, officers, directors, agents, representatives of the Contest Entities, the legal, promotion and advertising agencies of any aforementioned entity, and their immediate family members and those living in their household, and each person or entity connected with the production or administration of the Contest, and each parent company, affiliate, subsidiary, agent and representative of any aforementioned entities are not eligible. This Contest is subject to all applicable federal, state and local laws.   ALL ENTRIES MUST BE SUBMITTED DURING THE CONTEST SUBMISSION PERIOD.

CONTEST PERIOD. The Contest Submission Period begins on September 28, 2009 at 12:01 AM Pacific Time (PT), and ends on November 1, 2009 at 11:59 pm PT (the “Contest Period”). During the Contest Period, Sponsor will conduct five (5) consecutive weekly contests (“Weekly Contest”).

Weekly Contest Deadlines (“Weekly Deadlines”)
Week 1                October 4, 2009 at 11:59 pm PT
Week 2                October 11, 2009 at 11:59 pm PT
Week 3                October 18, 2009 at 11:59 pm PT
Week 4                October 25, 2009 at 11:59 pm PT

Week 5                November 1, 2009 at 11:59 pm PT

Contestants must be registered members of the Site and post their entries on the Videos section in order to enter the Contest.  Signing up is free and is subject to Sponsor’s Terms of Use and Privacy Policy.

HOW TO ENTER.  Online Submissions only.  Here’s how to enter: (1) Go to www.tudiabetes.com. (2) Click on the banner link to take you to the "Making Sense of Diabetes" page for detailed directions.  (3) Post your original video through the Videos section of the Site. Your Submission can be as creative as you like within the Submission Guidelines section contained in these rules (“Submission Guidelines”). You may enter a maximum of one (1) video per Weekly Contest.  If you submit more than one (1) video during any of the four Weekly Contests, only the first video will be entered into that Weekly Contest, according to the computer time on Sponsor’s server.

LIMIT ONE (1) ENTRY PER MEMBER PER WEEKLY CONTEST.  You may enter one or more Weekly Contest(s).  Multiple video submissions must be substantially distinct from one another, in Sponsor’s sole discretion, in order to be judged and considered for a prize.

Submissions for a Weekly Contest must be received no later than that particular Weekly Sweepstakes’ Deadline, as outlined in the table above. All submissions must be received no later than November 1, 2009 at 11:59 pm PT according to Sponsor’s time. No email deliveries will be accepted. Entries remain the property of the Contestants who submitted them, and are subject to Sponsor’s terms of use and privacy policy. Sponsor is not responsible for late, incomplete, void, corrupted, garbled, misdirected, or otherwise unintelligible Submissions, which are void and will not be accepted, and for any problems, bugs or malfunctions Contestants may encounter when uploading or submitting their Submissions. Sponsor reserves the right to disqualify false submissions or submissions suspected of being false. In the event of a dispute as to the identity of a winner, the winner will be deemed to be the person in whose name the e-mail account governing the e-mail address associated with the Contestant’s registration was opened.

SUBMISSION GUIDELINES. Your Weekly Contest Submission must be one original video under 3 minutes in length that conveys a compelling message that relates to the Contestant’s experience of diabetes through one of the five senses.  Each week will be centered on one of the five senses: sight, hearing, touch, smell and taste so each Weekly Submission must deal with that particular week’s topic, as follows:

Week 1                September 28-October 4, 2009: Sight
Week 2                October 5-October 11, 2009: Hearing
Week 3                October 12-October 18, 2009: Touch
Week 4                October 19-October 25, 2009: Smell

Week 5                October 26-November 1, 2009: Taste

 Your Submission should express creativity and originality, be truthful, and convey emotion and a compelling, evocative and personal message.  Your video must be original works of authorship created by the person who makes the submission. Entries that are incomplete or corrupted are void and will not be accepted.

Contestant must be a parent or legal guardian of any minor appearing in the Submission and evidence of such may be requested by Sponsor at any time during or after the Contest Submission Period.  Submissions may not contain any illegal, offensive or obscene subject matter or depict any nudity, animal cruelty, harmful or illegal activity or substance. Contestants may not copy or otherwise plagiarize the Submission from any source, nor may the Submissions include third party copyrighted material, such as music, photographs, or video snippets, without the copyright holder’s permission. Sponsor is not responsible for legal protection or clearance of Submissions in any form. If, in the sole discretion of Sponsor, your Submission constitutes copyright infringement, the Submission will be disqualified. Contestants agree to indemnify Sponsor, Sponsor and its officers, directors, employees and agents against any and all claims from any third party for any use of Submission by Sponsor. Contestants may not be, nor may Contestants use parties who:  1) are represented under contract (e.g., by a talent agent or manager) that would limit or impair Sponsor’s ability to show the video in any media form; 2) have an acting or modeling contract that would make their appearance in the Submission a violation of any third party rights; 3) are under a merchandising agreement; or 4) are under any other contractual relationship, including but not limited to guild and/or union memberships, that may prohibit them from participating fully in this promotion, or from allowing Sponsor to use royalty-free, the Submission worldwide in all media in perpetuity.

Contestants must secure - and finalists will be required to submit – a written release from any actors and/or any other video participant to use their name and likeness under the terms and conditions of these Official Rules.

Contestants must hold all rights to the entire video Submission. Any third party materials contained in any Submission must be properly licensed, and evidence of such may be requested by Sponsor at any time during or after the Contest Submission Period.

JUDGING AND NOTIFICATION. Judging of each Weekly Contest will be completed in one (1) round.  All Submissions will be prescreened to insure the entries have correctly met the Submission Guidelines and meet with Sponsor’s general standards and practices prior to any judging (“Qualified Submissions”).  Posting of Contestants’ Submissions on the Site is for promotional purposes only and will neither increase nor decrease the chance of winning and does not mean that a Contestant has been selected as a winner.

Qualified Submissions will be posted on Sponsor’s website for public viewing, comments and ratings during each weekly submission period. At the end of each weekly submission period, a panel of qualified judges will conduct judging of all Qualified Submissions received on or before each Weekly Deadline. Videos that do not relate to diabetes will not be judged. Each Qualified Submission will be judged on a 100-point scale as follows:

•    Number of unique views: 5 points

•    Average stars (rating) received: 10 points

•    Quantity and quality of comments received: 25 points

•    Creativity and originality of the video: 30 points
•    Compelling nature of the video in connection to the sense it is about: 30 points

The three (3) Submissions with the highest number of points will be deemed the “Selected Contestant” for that particular Weekly Contest. In the event of a tie, the tying entries will be re-scored to determine a Selected Contestant. Selected Contestants will be required to respond (as directed) to an e-mail notification within 48 hours of attempted notification.  The failure to respond timely to the notification may result in forfeiture of the prize; and, in such case, Sponsor may choose the next highest scoring Submission from among the remaining eligible submissions. 

The Selected Contestants will also be sent an affidavit of eligibility / liability / publicity release (“Release”).  The Selected Contestants will also be required to send their Submission(s) to Sponsor via e-mail, as directed, in a standard and readable video format.  Unless restricted by law, each Selected Contestant will be required to complete and return the Release and send the video file within the time period specified therein. Should Selected Contestant be unwilling or otherwise unable to provide such permissions and or releases or otherwise cannot accept or receive the prize for any reason, a Contestant with the next highest score will be chosen from the remaining entries until one who is able to meet all requirements can be selected. Selected Contestant’s last name and first initial, hometown, Site profile and Submission(s) may be announced and posted on Contest Entities’ website(s) and affiliate web site(s). Sponsor may use Selected Contestant’s Submission to create compilation video to be posted on Contest Entities’ websites and affiliate web site(s).

LICENSE AND PUBLICITY. As a condition of receiving any prize, all Selected Contestants hereby provide a One Hundred Eighty (180) day exclusive irrevocable worldwide license to Sponsor after which time, Sponsor shall retain a perpetual non-exclusive license to use, copy, distribute, create derivative works from, publicly display and publicly perform the submitted video(s) in any and all media throughout the world, in perpetuity, for any purpose whatsoever, without any compensation (other than any awarded prize), the term of which shall be the entire life of the copyright.

In particular, all Selected Contestants understand and agree that their Submission(s) may be used, edited, and/or modified by Sponsor for promotional purposes, including without limitation, to create a collage or a video and/or engage in fundraising activities, for the purpose of promoting diabetes awareness.  All Contestants understand that their name, likeness, Site profile and Submissions may be used for marketing and promotional purposes in any media, throughout the world, without any compensation or prior review unless specifically prohibited by law.

Should any Contestant be unwilling or otherwise unable to enter into license, or provide permissions and or releases or otherwise cannot accept or receive the prize for any reason, a Contestant with the next highest score will be chosen from the remaining entries until one who is able to meet all requirements can be selected.  All potential prize winners must provide Sponsor with all signatures on required paperwork and return all documents in a timely manner as required pursuant to these Official Rules in order to be eligible to receive the prize. Contestants may not resell, assign or transfer any of their rights in their Submissions under these Official Rules. 

CONTESTANTS WILL NOT BE PAID FOR THEIR SUBMISSIONS or for granting Sponsor any of these rights.  

PRIZES.  Weekly Contest Prizes. If eligible under these Official Rules, the highest scoring Selected Contestants per week will each receive: one (1) EatSmart Precision Pro Kitchen Scale with an Approximate Retail Value (“ARV”) of $45.00. The second highest scoring Selected Contestants per week will each receive one (1) meter bag (for men) or a small designer diabetic medical supply bag (for women) with an Approximate Retail Value (“ARV”) of $45.00. The third highest scoring Selected Contestants per week will each receive one (1) copy of the book 50 Diabetes Myths That Can Ruin Your Life and the 50 Diabetes Truths That Can Save It by Riva Greenberg, with an Approximate Retail Value (“ARV”) of $15.00. ARV of each Weekly Contest Prizes: $105.00. Total ARV of Contest Prizes: $525.00.

All prizes will be delivered by U.S. Mail or overnight carrier (i.e., FEDEX, UPS), within Sponsor’s sole discretion, to an address provided by the Contestant. All federal, state and local taxes and other expenses in connection with the prize not expressly described herein as being awarded are the sole responsibility of the Selected Contestant. Selected Contestants are solely responsible for any other unspecified expenses related to prize, excluding shipping and handling costs. All activities related to the prize are at the Selected Contestant’s own risk and subject to whatever restrictions are imposed by the entities that govern activities. Selected Contestants not entitled to any surplus between actual retail value of prize and stated ARV and any difference between stated ARV and actual value of the prize will not be awarded. No substitution, transfer, or cash redemption of prize, provided however that Sponsor reserves the right to substitute a prize with another prize of equal or greater value should the advertised prize become unavailable for any reason. In the event of noncompliance with the foregoing requirements or if prize notification is returned as undeliverable, prize will be forfeited and, at Sponsor’s discretion, an alternate Selected Contestant will be selected.  In the event that insufficient qualified entries are received, Sponsor reserves the right, in its sole discretion, to not award all prizes.

CONDITIONS.  Contest is subject to these Official Rules.  By participating, Contestants agree: (i) to be bound by these complete Official Rules and the decisions of Contest Entities and the judges which shall be final and binding; and (ii) to waive any right to claim ambiguity in the Contest or these Official Rules, except where prohibited by law.  By accepting a prize, Selected Contestant agrees to release Contest Entities, including their subsidiary and affiliated entities together with their directors, employees, officers, licensees, licensors and agents, and advertising and promotion entities and any person or entity associated with the production, judging, or administration of the Contest (collectively, the “Releasees”) from any and all liability, loss or damage arising from or in connection with awarding, receipt and/or use or misuse of prize or participation in any prize-related activities. Contest Entities shall not be liable for: (i) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (ii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iii) any injuries, losses or damages of any kind, including death caused by the prize or resulting from acceptance, possession or use of a prize, or from participation in the Contest; or (iv) any printing, typographical, administrative or technological errors in any materials associated with the Contest.  Contest Entities disclaim any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Contest.  Sponsor reserves the right to cancel or suspend the Contest, in its sole discretion, should it receive fewer than 15 entries, or receive no entries that have a judged score above 80 points, or due to circumstances beyond its control, including natural disasters.  Submissions will not be returned and may be destroyed. Taxes, if any, are the sole responsibility of Selected Contestant, and contestants may be issued an IRS Form 1099 for the ARV of any awarded prize.  The internal laws of the State of California will govern disputes regarding these Official Rules and/or this Contest.

Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Contest should a virus, bug, computer problem, unauthorized intervention or other causes beyond Sponsor’s control, corrupt the administration, security or proper play of the Contest.  Sponsor may prohibit a contestant from participating in the Contest or winning prize if, in its sole discretion, it determines such Contestant is attempting to undermine the legitimate operation of the Contest in any way by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other players or Sponsor representatives. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE 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, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

WAIVER OF JURY TRIAL.  Except as prohibited by applicable law and as a condition of participating in this Contest, each contestant hereby irrevocably and perpetually waives any right s/he may have to a trial by jury in respect of any litigation directly or indirectly arising out of, under or in connection with this contest, any document or agreement entered into in connection herewith, any prize available in connection herewith, and any of the transactions contemplated hereby or thereby.

PRIVACY.  All personal information collected by Sponsor will only be used for administration of the Contest and in accordance with Sponsor’s privacy policy. Sponsor uses reasonable commercial efforts to comply with Federal CAN-SPAM guidelines, and Contestants may subsequently opt-out of receiving further emails by following the opt-out instructions contained in the email. Any questions regarding privacy matters should be directed to the address set out below.  Please refer to Sponsor’s privacy policy for important information regarding the collection, use and disclosure of personal information by Sponsor.  

OFFICIAL RULES AND WINNERS LIST.  Winners will be posted on www.tudiabetes.com within approximately two (2) weeks after each Weekly Contest end date.  For a copy of these Official Rules or of the winners, send your request in a self-addressed, stamped envelope (WA and VT residents need not affix return postage) to:  The “Making Sense of Diabetes,” Diabetes Hands Foundation, P.O. Box 9421, Berkeley, CA 94709.  Request must be received by December 31, 2009.

© 2009 Diabetes Hands Foundation. All rights reserved. TUDIABETES, TUDIABETES and ESTUDIABETES are trademarks or registered trademarks of the Diabetes Hands Foundation.