Harvard Pilgrim

Harvard Pilgrim HealthCare Foundation – Healthy Food, Healthy Community Award

NBC Connecticut

Harvard Pilgrim HealthCare Foundation – Healthy Food, Healthy Community Award
Official Rules
March 2, 2020—March 23, 2020

PRELIMINARY INFORMATION: NO PURCHASE NECESSARY. A purchase will not improve your chances of winning. Void outside the WVIT Geographic Viewing Area (defined below), and where prohibited. The Harvard Pilgrim HealthCare Foundation – Healthy Food, Healthy Community Award Contest (“Contest”) will begin on March 2, 2020 at 5:00 A.M. ET and end on March 23, 2020 at 10:00 P.M. ET (“Contest Period”). All times in the Contest refer to Eastern Time (“ET”). Contest is subject to all applicable federal, state and local laws.

ELIGIBILITY: Open only to permanent, legal United States residents who are physically residing in the WVIT terrestrial geographic viewing area in the counties of Hartford, New Haven, New London, Windham, Tolland, Middlesex, Litchfield, and Fairfield in the state of Connecticut (“WVIT Geographic Viewing Area”), and who are eighteen (18) years of age or older as of the start of the start of the Contest Period. Officers, directors, and employees of Contest Entities (as defined below), members of these persons’ immediate families (spouses and/or parents, children, and siblings, and each of their respective spouses, regardless of where they reside), and/or persons living in the same households as these persons (whether or not related thereto) are not eligible to enter or win the Contest. Contest Entities, as referenced herein, shall include WVIT, 1422 New Britain Avenue, West Hartford, CT 06110, and NBCUniversal Media, LLC, 30 Rockefeller Plaza, New York, NY 10112 (collectively, “Sponsors”), Harvard Pilgrim Health Care, City Place II, 185 Asylum Street, Second Floor, Hartford, CT 06103 (“Prize Provider”), and each of their respective parent, subsidiary, and affiliate companies, and administrative, advertising, and promotion agencies, and any other entity involved in the development, administration, promotion, or implementation of the Contest. For purposes of clarity, the Organization (defined below), not the Nominator (defined below), will be deemed the Winner (defined below) of the Contest.

HOW TO ENTER: As part of your Entry (defined below), you (“Nominator”) will be required to submit a short nomination statement (“Statement”) nominating a Connecticut-based, not-for-profit 501(c)(3) organization (“Organization”) on the following theme (“Theme”): “How is the organization making a difference in helping low-income Connecticut families and communities get healthy food?” Your Statement must be original (that is, written by you) and must be submitted in the English language as part of your Entry to enter and be eligible for the Contest. Statement must be no longer than two hundred fifty (250) words. Entrants can nominate their own Organization. You must have the permission of the Organization (though a duly authorized representative) or any person who appears, or is identified or otherwise referred to, in your Statement.

To be eligible for the Contest, the nominated Organization must be a Connecticut-based, not-for-profit 501(c)(3) organizations (with no fiscal agent) and listed on at least one of the following websites: https://www.guidestar.org/ https://www.charitynavigator.org/.

To enter the Contest, during the Contest Period, visit the NBC Connecticut Facebook page located at https://www.facebook.com/NBCConnecticut/ (the “Facebook Page”), access the “Contests/Sweepstakes” tab, and follow the provided instructions to complete and thereafter submit the entry form, which includes your full name, email address, phone number, requested Organization information and Statement (the “Entry”). If you choose to submit an Entry via your web-enabled mobile device, data rates may apply. See your wireless service provider for details on rates and capabilities. All Entries become the property of Sponsors and will not be acknowledged.

By entering the Contest, entrants grant Sponsors the non-exclusive, royalty-free, and irrevocable rights to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit the Statement and to incorporate the Statement in other works in any and all markets and media worldwide in perpetuity. Entrants warrant that they have the sole and exclusive right to grant such rights to Sponsors and that the Sponsors’ reproduction, publishing, displaying, and/or other use of the Statement will not infringe on any rights of third parties, including, without limitation, copyright, trademark, privacy, or publicity, or create claims for defamation, false light, idea misappropriation, intentional or negligent infliction of emotional distress, or breach of contract. If any Statement contains material that is violent, pornographic, obscene, illegal, inappropriate, or racially or morally offensive or if any Statements do not comply with these Official Rules or meet Sponsors’ standards for any reason, as determined by Sponsors in their sole discretion, such Statement (and the related Entries) may be rejected as ineligible for consideration and/or deleted from the Facebook Page. Entries must comply with all applicable laws, rules, and regulations. Sponsors shall have no obligation to copy, publish, display, or otherwise exploit the Statement.

Entries must be received before March 23, 2020 at 10:00 P.M. to be eligible for the Contest. Sponsors’ computer shall be the official timekeeper for all matters related to this Contest. Limit one (1) Entry per person/Nominator during the Contest Period. Multiple entries received from any person beyond this limit will void all such additional entries. Entries that are incomplete, garbled, corrupted, or unintelligible for any reason, including but not limited to illegible handwriting, are void and will not be accepted. In case of a dispute over the identity of an entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant. “Authorized account holder” is defined as the person who is assigned to an email address by an Internet access provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address. Entry constitutes permission (except where prohibited by law) to use entrant’s name, city, state, likeness, image, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval.

PRIVACY: Entrants will have the opportunity to receive information from Sponsors and selected partners by checking the appropriate box(es). If, at any time, you no longer wish to receive materials from Sponsors or our partners, please go to our privacy policy, located at https://www.nbcuniversal.com/privacy, or the applicable partner’s privacy policy and follow the procedures indicated.

JUDGING; WINNER SELECTION AND NOTIFICATION: On or about March 24, one (1) or more qualified judges selected by Sponsors (“Judges”) will review all eligible Entries received during the Contest Period and select one (1) potential winner (“Winner”) based on the following judging criteria (“Judging Criteria”): Organization’s relevance and experience in relation to the Theme (50%) and Organization’s impact and proven success in relation to Theme (50%). For purposes of clarity, the Organization will be deemed the Winner of the Contest. The selection and review process may occur on a rolling basis as Entries are received. In the event of a tie, the Judges will break the tie by selecting the tied entrant who received the highest points from the Judges for the “Organization’s impact and proven success in relation to Theme” Judging Criteria.

Decisions of Sponsors and Judges are final and binding with respect to all matters related to the Contest. Sponsors reserve the right to extend the Contest Entry Period if the Contest does not receive a sufficient number of eligible and qualified Entries, as determined by Sponsors in their sole discretion. Sponsors will make two (2) attempts to notify selected Winner via the Nominator, by contacting the Nominator at the email address or phone number Nominator submitted at the time of Entry. Sponsors may share entrants’ and/or potential Winner’s names and contact information with Contest Entities and/or Prize Provider, as applicable, if necessary. Potential Winner may be required to execute and return an affidavit of eligibility, release of liability, and, except where prohibited, publicity release (collectively, “Contest Documents”) within five (5) days of such notification. Noncompliance within this time period will result in disqualification. If potential Winner cannot be reached, is found to be ineligible, cannot or does not comply with these Official Rules, or if Prize (as defined below) or prize notification is returned as undeliverable, potential Winner will be disqualified and Sponsors will award the Prize (defined below) to the runner-up, subject to verification of eligibility.

PRIZE: There will be one (1) prize (“Prize”) awarded to Winner. Prize will consist of five thousand dollars ($5,000).

Estimated Retail Value (“ERV”) of Prize is five thousand dollars ($5,000). Actual Retail Value (“ARV”) of Prize may vary. Any difference between ERV and ARV will not be awarded. . For any Prize with an ARV of six hundred dollars ($600) or greater, Sponsors will furnish an Internal Revenue Service Form 1099 to Winner for the ARV of Prize for the year in which Prize was won.

All details of Prize will be determined by Sponsors in their sole discretion. Sponsors reserve the right to substitute Prize (or portion thereof) with a similar prize (or prize element) of comparable or greater value. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of Prize are the sole responsibility of Winner. Prize cannot be transferred by Winner or redeemed for cash and is valid only for the items detailed above, with no substitution of Prize by Winner. If Prize is unclaimed within a reasonable time after notification from Sponsors, as determined by Sponsors in their sole discretion, it will be forfeited, and time permitting, an alternate Winner may be selected from the remaining eligible Entries at Sponsors’ sole discretion.

CONDITIONS: By entering the Contest, each entrant agrees for entrant and for entrant’s heirs, executors, and administrators (a) to release and hold harmless Contest Entities and each of their respective officers, directors, and employees (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant’s participation in the Contest and/or his/her acceptance, possession, use, or misuse of Prize or any portion thereof (including any travel related thereto); (b) to indemnify Released Parties from any and all liability resulting or arising from the Contest and to hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to Prize, including express warranties provided exclusively by Prize supplier that are sent along with Prize; (c) if selected as a Winner, to the posting of such entrant’s name on the Facebook Page and/or https://www.nbcconnecticut.com/ and the use by Released Parties of such name, voice, image, and/or likeness for publicity, promotional, and advertising purposes in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval, and, upon request, to the giving of consent, in writing, to such use; and, (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Contest itself, and to be bound by all decisions of the Sponsors, which are binding and final. Failure to comply with these conditions may result in disqualification from the Contest at Sponsors’ sole discretion.

ADDITIONAL TERMS: Sponsors reserve the right to permanently disqualify from any promotion any person they believe has intentionally violated these Official Rules. Any attempt to deliberately damage the Contest or the operation thereof is unlawful and subject to legal action by Sponsors, who may seek damages to the fullest extent permitted by law. The failure of Sponsors to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsors (excepting compliance with applicable codes and regulations), or other “force majeure” event will not be considered a breach of these Official Rules. Released Parties assume no responsibility for any injury or damage to entrants’ or to any other person’s computer relating to or resulting from entering or downloading materials or software in connection with the Contest. Released Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of entry information; for errors in any promotional or marketing materials or in these Official Rules; for any human or electronic error; or for entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned. Sponsors reserve the right to cancel, modify, or suspend the Contest or any element thereof (including, without limitation, these Official Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Official Rules). In the event of cancellation, modification, or suspension, Sponsors reserve the right to select Winner in a random drawing from among all eligible, non-suspect entries received prior to the time of the event warranting such cancellation, modification, or suspension. Notice of such cancellation, modification, or suspension will be posted at Facebook Page. Sponsors may prohibit any entrant or potential entrant from participating in the Contest, if such entrant or potential entrant shows a disregard for these Official Rules; acts with an intent to annoy, abuse, threaten, or harass any other entrant, Sponsors, or Sponsors’ agents or representatives; or behaves in any other disruptive manner (as determined by Sponsors in their sole discretion). Sponsors reserve the right to modify these rules for clarification purposes without materially affecting the terms and conditions of the Contest.

DISPUTES: THE CONTEST IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN NEW YORK, NEW YORK. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN NEW YORK. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF NEW YORK. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.

WINNER ANNOUNCEMENT: For the name of the Winner, available after April 10, 2020, visit https://www.nbcconnecticut.com/entertainment/ct-live/, or send a self-addressed, stamped envelope to be received by June 15, 2020 to: WVIT, Harvard Pilgrim HealthCare Healthy Food Healthy Community Award Contest, 1422 New Britain Ave, West Hartford, CT 06107, Attn: Sales Marketing Department.

This Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook. Entrants are providing information to Sponsors and not to Facebook.

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