ART CONTEST TERMS & CONDITIONS

NURSE HEROES ART CONTEST TERMS AND CONDITIONS

Rules and Guidelines

JANUARY 1, 2024 OFFICIAL RULES

NO PURCHASE OR DONATION NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE OR DONATION OF ANY KIND WILL NOT IMPROVE YOUR CHANCES OF WINNING.

THIS IS A SKILL-BASED CONTEST. VOID WHERE PROHIBITED BY LAW. ONLINE ENTRY ONLY AND INTERNET CONNECTION REQUIRED.

NURSE HEROES OBTAIN RIGHTS WITH RESPECT TO ALL CONTENT SUBMITTED AS PART OF THE CONTEST.

BY ENTERING (OR OTHERWISE PARTICIPATING) IN THE CONTEST, YOU AGREE TO THESE OFFICIAL RULES, WHICH CREATE A BINDING CONTRACT SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, SUCH CONTRACT INCLUDES GRANTS OF RIGHTS AND INDEMNITIES TO SPONSOR FROM YOU, A CLASS ACTION WAIVER, AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.

Eligibility. The Nurse Heroes Art Contest (the “Contest”) is open adults aged 18 and over as of the date of submitting a completed contest entry form and, with a fully completed parental consent form, children aged under 18 as of the date of submitting a completed contest entry form. Employees, officers and directors of Nurse Heroes (“Sponsor”, “us” or “we”), and advertising and promotion agencies (collectively, the “Contest Entities”), and each of such employees’, officers’ and directors’ immediate family members and/or those living in the same household (whether legally related or not) are not eligible to enter the Contest or win a prize. For purposes of this Contest, immediate family members are defined as spouse, partner, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren and those living in the same household shall mean people who share the same residence at least three (3) months a year, whether legally related or not. Void where prohibited by law. Individuals younger than the age of majority in the state where they reside must provide a parental consent in the form provided by sponsor (“Parental Consent Form”). By entering or participating in the Contest, Entrants agree to be bound by these “Official Rules” and the decisions of the Judges (defined below) and/or Sponsor, which are binding and final on matters relating to this Contest, including, without limitation, interpretation of the Official Rules. Sponsor reserves the right, in their sole and absolute discretion, to disqualify any Finalist/Winner if Sponsor determine, in their sole and absolute discretion, that awarding the prize to such Finalist/Winner might reflect negatively on Sponsor and/or Prize Provider.
Monthly Entry Period. There shall be 12 monthly Contests. Each Monthly Contest begins on or about the first calendar day of each month, and all entries must be received by the Sponsor on or before 11:59 p.m. Eastern Time on the last calendar day of each month (the “Entry Period”), subject to extension at the Sponsor’s sole and absolute discretion.
NurseHeroes Art Masters Contest: The winners of the 12 monthly Contests shall automatically be entered into the NurseHeroes Art Masters Contest, (the ‘Contest Final’). At the sole discretion of the Sponsor, the winners of the Contest Final shall be announced by Nurse Heroes.
How to Enter. To enter the Contest, during the Entry Period, you may visit the Contest website at NurseHeroes.org (the “Contest Website”). The Contest Website will contain a description of the Contest and the official entry form.

Each Entrant must submit an eligible art submission to the Contest, which shall be a (i) painting,

(ii) drawing, (iii) photograph, or (iv) poetry, created by the Entrant (collectively, “Eligible Art Contest Submission”).

Each Entrant must complete and submit an official entry form, which may include, among other things, the Entrants full name, email address, art project title, a one or two sentence description of the art project and related registration information as prompted.
Additionally, individuals must upload and submit through the entry form an Eligible Art Contest Submission. An Eligible Art Contest Submission must: (i) be one of either a painting, drawing, photograph, or a poem, (ii) be submitted as a digital file or photograph of their Eligible Art Contest Submission in a format compatible the NurseHeroes Contest website, (iii) be in English or have an English translation.
Limit of one (1) entry per person, per art category for each monthly contest.
Once an Entrant has become a winner of one (1) of the monthly Contests in any art category, they are not permitted to enter any further Monthly Contests.

5. All entries become the physical property of Nurse Heroes and will not be acknowledged or returned. Assurance of delivery of entries is the sole responsibility of the Entrant.

6. A Submission may, in Sponsor’s sole and absolute discretion, be rejected if it fails to follow the technical, creative, and legal requirements disclosed on the Contest Website and elsewhere in these Official Rules. All eligible Submissions to the Contest accompanied by a fully completed entry form will be an entry in the Contest. For purposes of this Contest, an online entry is “received” when the Contest Website’s servers record the entry information and submission. Proof of sending (such as an automated computer receipt confirming entry or “thanks for entering” message) does not constitute proof of actual receipt of an entry for purposes of this Contest. The database clock of Sponsor’s Contest Website will be the official timekeeper for the Contest. Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of Sponsor may be disqualified at Sponsor’s sole and absolute discretion. All entries that are late, illegible, incomplete, damaged, destroyed, forged or otherwise not in compliance with the Official Rules may be disqualified from the Contest at Sponsor’s sole and absolute discretion. Entries generated by script, macro or other automated means and entries by any means which subvert the entry process are void.

In the event of a dispute as to the identity of any Entrant who submits an entry, the entry will be deemed submitted by the holder of the e-mail or other account (e.g., Facebook) from which it was sent but only if such person is otherwise eligible. The “account holder” is the person assigned an e-mail address or username by the entity responsible for assigning it. Finalists (defined below) may be required to show proof of being the registered account holder. If a dispute cannot be resolved to the Sponsor’s satisfaction, the entry will be deemed ineligible. Sponsor and affiliated entities are not responsible for lost, misdirected, misplaced, stolen, tampered with, deleted, or invalid entries.

7. Submission Content Guidelines. Submissions that do not meet the following “Content Guidelines” are subject to disqualification, each at Sponsor’s sole and absolute discretion, so read and follow these Content Guidelines:

Painting or drawing art submissions must be submitted to the Contest as a photograph (taken with a mobile phone or other digital camera) of the Entrants original painting or drawing and may not exceed 100mb in file size. The original painting or drawing must not exceed 36 inches high by 36 inches wide, but they may be smaller in both height and width.
Photograph art submissions must be submitted to the Contest as a digital photograph (taken with a mobile phone or other digital camera) and may not exceed 100mb in file size.
Poetry submissions must not exceed 200 words. Poetry submissions in excess of 200 words will not qualify as an Eligible Art Submission. Poetry submissions must be in the English language or have an English translation. Poetry submissions should be submitted electronically as a PDF or equivalent file.

8. Each Submission, in its entirety, must be a single work of original material created by the Entrant, or for which Entrant has all rights required to comply with these Official Rules.

Except for materials in the public domain, Submissions must include only materials created by the Entrant, or for which Entrant has all rights required to comply with these Official Rules and must not infringe on the intellectual property rights of any other person or entity. Sponsor does not permit the infringement of others’ rights and any use of materials that infringe third party rights is grounds for disqualification from the Contest and may subject you to liability. Entries that contain brand names, trademarks or company logos are subject to disqualification.
Submissions must not include material that: (a) is sexually explicit, indecent, obscene, violent, hateful, tortuous, defamatory, slanderous or libelous, (b) is derogatory or promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, (c) invades the privacy or publicity rights of any person, living or deceased, (d) is unlawful, (e) is harmful to other users of the Contest Website such as through the inclusion of viruses, Trojan horses or other technologies that could adversely impact the Contest, and/or (f) is disparaging to Sponsor or Prize Provider or is inconsistent with the positive images and/or goodwill to which Sponsor wish to associate (at Sponsor’s sole and absolute discretion). As a matter of clarity, the Contest does not have an absolute standard against nudity or vulgarity. But we will not accept films that contain gratuitous nudity or vulgarity, or which seem more interested in shock value than in conveying some truth about dementia.
Entrants must not submit a Submission that if selected cannot be assigned to Sponsor as contemplated below.

9. Intellectual Property. Entrants, upon submission of their Submission to the Contest, irrevocably grant to Sponsor, and each of their licensees, successors and assignees, the non-exclusive, perpetual, royalty-free, no-cost license and right to use and exploit the Submission. Except for the license provided in the previous sentence, Entrants retain all rights in, and ownership of, their Submission; provided, however, Entrant acknowledges that the Submission may be similar to other works developed by others, including Sponsor, and irrevocably agrees that such parties shall be free to create and exploit similar works without obligation to Entrant so long as such does not infringe Entrant’s copyright rights. Entrants agree not to issue any publicity concerning Sponsor or Prize Provider. Entrants agree that neither Sponsor nor Prize Provider shall be responsible for return or preservation of the Submissions submitted. Each Entrant acknowledges that Submissions are not being submitted in confidence or in trust to Sponsor and that no confidential or fiduciary relationship is intended or created. Each Entrant acknowledges that Sponsor and other Entrants may have created ideas and concepts contained in their Submissions that may have familiarities or similarities to their own Submission, and that the Entrant will not be entitled to any compensation or right to negotiate with the Contest Entities because of these familiarities or similarities.

Notwithstanding any custom and practice to pay an individual for an idea (if any), nothing herein shall create an implied or express contract to compensate Entrants for their Submissions and there is no obligation for any Contest Entity to pay or otherwise compensate Entrants for any of their ideas or materials in any communications with Sponsor, whatsoever. Submissions are not confidential and the Contest Entities’ only obligations to Entrants regarding Submissions are as specifically set forth in these Official Rules. The decisions of the Sponsor are final and binding in all matters relating to this Contest, including interpretation and application of these Official Rules.

Sponsor reserves the right to request from Entrant at any time proof that Entrant maintains all necessary rights to thier Submission in order to grant Sponsor the rights required herein in a form acceptable to Sponsor. Failure to provide such proof may lead to, among other things, the Entrant being disqualified from the Contest.

Entrants, upon submission of their Submission to the Contest, irrevocably grant to Sponsor, and each of the Sponsors licensees, successors and assignees, the right to copy, publish, distribute, publicly display, and otherwise use the Art Contest Submissions in whole or in part for any promotional, commercial merchandizing, entertainment, educational or art exhibition purpose, in any media or at any venue now known or later developed, without compensation to me or my child. This includes, but is not limited to, archives, art exhibitions, Nurse Heroes fundraising, commercial merchandizing, promotions (including on social media), entertainment, research, educational programs, and publications. This permission is irrevocable and perpetual.

10. Representations, Warranties and Indemnity. By entering the Contest, each Entrant represents and warrants that he or she has read, understands, agrees to and will follow the Official Rules. Entrants further represent and warrant that their Submission and all materials and matter therein: (a) (except for elements that are within the public domain) are wholly original with such Entrant and are not a copy or imitation of any other material or Entrant has all necessary rights to grant the Sponsor the rights granted hereunder and exercise such without obligation or liability to any third party; (b) will not infringe or violate any right whatsoever, including, without limitation, any personal rights (e.g., defamation, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, right to ideas, etc.) of any person or entity and the use thereof will result in no third party liability or obligations; and (c) is not the subject of any threatened or pending litigation, claim or dispute that might give rise to litigation, which adversely affects or in any way prejudices, impairs or diminishes the rights granted hereunder or the value thereof. Each Entrant further represents and warrants that he or she has the right to agree to and fully perform consistent with these Official Rules and that he or she has complied and has obtained all permissions, licenses and consents that are necessary for the submission of the Submission and the use of the Submission and to verify compliance with the foregoing requirements. Each Entrant agrees to provide to Sponsor at either of their request copies of all such permissions, licenses and consents. Sponsor reserves the right, in their sole and absolute discretion, to disqualify any Submission that Sponsor or Prize Provider determines does not comply with these Official Rules, to make such changes to any Submission as are necessary to make it compliant, or to require the Entrant to do so. Entrant further acknowledges and agrees that they have not previously granted, assigned or otherwise encumbered their Submission, or any images, text and materials depicted therein, to any other third party. Further, each Entrant represents and warrants that Sponsor’s use of any Submission, including any images, text and materials depicted therein, shall not violate an agreement to which such Entrant has signed. Entrants agree to indemnify and hold the Released Parties (defined below) harmless from and against any third party claim, to the extent arising out of or relating to any breach of any representation, warranty or covenant made by such Entrant in connection with his or her acceptance of these Official Rules or Contest activities.

11. Determining the Finalists and Winners. Between September 1, 2015 and December 1, 2015, unless such period is changed or otherwise extended by Sponsor, in its sole and absolute discretion, each Submission will be reviewed by a team of judges (the “Judges”) assembled by Sponsor, in their sole and absolute discretion, who will review and judge all eligible Submissions based on the following judging criteria (collectively, the “Finalist Judging Criteria”).

Based on the Judges assessment of each Submission using the Finalist Judging Criteria, in their sole and absolute discretion, three (3) finalists (“Finalists”) and one (1) winner (“Winner”) will be chosen in each Monthly Contest. If there is a tie after the Judges apply the Finalist Judging Criteria, Sponsor will bring in a tie breaking Judge to apply the same Finalist Judging Criteria to break the tie and determine the winners.
The Finalists of each Monthly Contest shall be announced on or about the first (1st) Sunday of the calendar month following each Monthly Contest.
The Winners of each Monthly contest shall be announced on or about the second (2nd) Sunday of the calendar month following each Monthly Contest.
The Finalists of NurseHeroes Art Masters Contest shall be announced on or about the first (1st) Sunday of the calendar month following each Monthly Contest.
The Winners of each NurseHeroes Art Masters Contest shall be announced on or about the second (2nd) Sunday of the calendar month following each Monthly Contest.

12. Prize. For each Contest, the Eligible Art Submissions of three (3) Finalists and one (1) Winner in each art category shall be exhibited online in the NurseHeroes digital gallery website. The Finalists and Winners, at the sole discretion of Nurse Heroes, shall also be exhibited on digital billboards, at art exhibitions, other web sites, on social media and at other physical (such as, but not limited to, sport events, and concerts, etc.) and digital venues to be selected at the sole discretion of Nurse Heroes.

Should the Entrant be selected as a Finalist or Winner, the Entrant will participate in an online digital event, with the aid of digital communication platform, (by way of example, platforms such as Zoom or Facebook Live), without compensation.

13. Finalists and Winner Notification. The Finalists and Winners of the Monthly Contests and NurseHeroes Art Master Contest will be notified by e-mail and/or other method (as selected by Sponsor), in its sole and absolute discretion. The potential Finalists and Winner may be required to execute and return to Sponsor any additional documents requested within seven (7) days of date of issuance. Non-compliance shall result in disqualification and award of the prize to an alternate Finalist or Winner. Pre-acceptance of the agreements related thereto are a condition of becoming a Finalist or Winner. If any potential Finalist or Winner is found to be ineligible, or if he or she has not complied with these Official Rules, or purports to decline the prize for any reason prior to award, such potential Finalist or Winner may be disqualified, and an alternate potential winner may be selected. In addition, the Sponsor reserves the right, in their sole and absolute discretion, to exercise the Sponsor Option on one or more of the other Finalists during the option periods described in the Rules and Guidelines above and award the same prize to the other Finalists as was awarded to the Winner.

14. Terms Applicable to All Prizes. Prize(s) are non-transferable, with no cash redemptions, equivalents or substitutions, except at Sponsor’s sole and absolute discretion. All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. Prize details and availability are subject to change Sponsor’s rules and restrictions, and in the event that Sponsor is unable to provide a Finalist or the Winner with their prize(s), the Sponsor may elect, to provide such individual with the approximate value of such item in cash or award an alternate prize of comparable or greater value. In the event a Finalist/Winner engages in behavior that (as determined by Sponsor or Prize Provider in its or their sole and absolute discretion) is obnoxious, inappropriate, or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, the Sponsor reserve the right to terminate the right to receive a prize, including ending their participation in the Contest early.

15. General Conditions. Released Parties (as defined below) are not responsible for lost, late, incomplete, inaccurate, stolen, misdirected, undelivered, delayed, garbled or damaged entries; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of entries, the announcement of the prizes or in any Contest-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by Contest Website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Released Parties are not responsible for injury or damage to participants’ or to any other person’s computer related to or resulting from participating in this Contest or downloading materials from or use of the Contest Website. Persons who tamper with or abuse any aspect of the Contest or Contest Website or who are in violation of these Official Rules, as solely determined by Sponsor, may be disqualified and all associated entries voided, all in Sponsor’s sole judgment. Should any portion of the Contest be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, or should the Contest be unable to run as planned for any other reason, Sponsor reserves the right, in its sole discretion to suspend, modify or terminate the Contest and, if terminated, at its discretion, select the potential Winner from all eligible, non- suspect entries received prior to the action taken or as otherwise deemed fair and appropriate by Sponsor. The Released Parties are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in Entrant’s e-mail or other account to receive messages. CAUTION: ANY ATTEMPT TO DAMAGE THE CONTEST WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR MAY DISQUALIFY ANY SUCH INDIVIDUAL AND RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

16. Release. By participating in the Contest, Entrants agree to release, discharge and hold harmless the Contest Entities, and each of their respective directors, officers, employees, agents, successors and assignees (“Released Parties”), from and against and any and all claims, liability, costs, losses, damages or injuries of any kind arising out of or related to Entrants’ participation in the Contest and/or related to any prize (including, without limitation, losses, damages or injuries to Entrant’s or any other person’s equipment or other property, or to their persons, related to participation in the Contest; or arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property or other rights; or from any typographical, human or other error in the printing, offering, selection, operation or announcement of any Contest activity and/or prize). Without limiting the generality of the foregoing Entrants agree that Released Parties: (a) have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the Contest and/or with respect to prize(s), including, without limitation, to any prize’s quality or fitness for a particular purpose; (b) maintain no control over the personnel, equipment or operation of any air, water or surface carrier, ship line, bus or limousine company, transportation company, hotel, manufacturer or other person or entity furnishing services, products or accommodations (“Suppliers”) as a part of the prize(s) provided in connection with the Contest; and (c) will not be responsible or liable for any injury, damage, loss, expense, accident, delay, inconvenience or other irregularity that may be caused or contributed to: (i) by the wrongful, negligent or unauthorized act or omission on the part of the Suppliers or any of their agents, servants, employees or independent contractors, (ii) by any defect in or failure of any vehicle, equipment, instrumentality, service or product that is owned, operated, furnished or otherwise used by any of those Suppliers, (iii) by the wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Released Parties, and (iv) by any cause, condition or event whatsoever beyond the control of the Released Parties. Each Entrant further agrees to indemnify and hold harmless Released Parties from and against any and all liability resulting or arising from the Contest and to release all rights to bring any claim, action or proceeding against Released Parties. Sponsor is not responsible for the actions of Entrants in connection with the Contest, including Entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Contest. Entrants further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED

HIS OR HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.

17. Publicity Release. Subject to applicable law, Finalists and Winners irrevocably grant the Released Parties and each of their licensees, and its and their successors, assignees and sub-licensees the right and permission to use their name, voice, likeness and/or biographical material for advertising, promotional and/or publicity purposes in connection with the Contest and the Eligible Art Submissions, in all forms of media and by any and all means and media (now and hereafter known), and on and in connection with related products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any obligation, notice or consideration except for the awarding of the prizes to the Finalists and Winners.

18. Suspension / Modification / Termination. In the event Sponsor is prevented from continuing with the Contest by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Contest by any party, or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence) Sponsor shall have the right to modify, suspend or terminate the Contest and the Released Parties shall have no obligations hereunder. Sponsor additionally reserves the right, in its sole and absolute discretion: (a) to modify, suspend or terminate the Contest should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Contest; or (b) to disqualify any Entrant found to be, or suspected of: (i) tampering with the entry process or the operation of the Contest; (ii) acting in violation of these Official Rules; or (iii) acting in an un- sportsmanlike manner.

19. Governing Law / Limitation of Liability. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Entrants, Sponsor, or the Released Parties in connection with the Contest will be governed by and construed in accordance with the internal laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws.

BY ENTERING THE CONTEST, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW:

(A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.

20. Disputes. Except where prohibited, Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the Federal or State courts located in New York, NY; (2) any and all claims, judgments and awards shall be limited to actual out- of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of the entrant and the Sponsors in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Massachusetts without giving effect to any choice of law or conflict of law rules (whether of the Commonwealth of Massachusetts or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Commonwealth of Massachusetts.

21. No Obligation to Use. Neither Sponsor nor Prize Provider shall have any obligation (express or implied) to use any or to otherwise exploit any Submission or Film or, if commenced, to continue the distribution or exploitation thereof, and Sponsor and/or Prize Provider may at any time abandon the use of the Submission or Film for any reason, with or without legal justification or excuse, and Entrants shall not be entitled to any damages or other relief by reason thereof.

22. Dates & Deadlines/Anticipated Number of Contestants. Because of the unique nature and scope of the Contest, Sponsor, in its sole and absolute discretion, reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Contest. Sponsor cannot accurately predict the number of Entrants who will participate in the Contest.

23. Further Documentation. If Sponsor shall desire to secure additional assignments, certificates of engagement for the Submission or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of these Official Rules, then each Entrant agrees to sign the same upon Sponsor’s request therefor.

24. Identification of Sponsor. This Contest is sponsored by Nurse Heroes. Reference to third parties in connection with prizes and/or third party websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor or the Contest.

25. Information Submitted. As a condition of entering the Contest, each Entrant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Contest, publicity, and to comply with applicable laws, regulations and rules. Any information Entrants provide to Sponsor may be used to communicate with Entrant in relation to this Contest or on a Contest Winner’s list.

26. Miscellaneous. The invalidity or unenforceability of any provision of these Official Rules or the Prize Acceptance Documents will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the Prize Acceptance Documents is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials, privacy policy or terms of use on the Contest Website and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control.

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