BLUE CROSS BLUE SHIELD of TEXAS CONTEST
In return for the opportunity to participate in the Blue Cross Blue Shield of Texas Photo contest described herein (the “contest”), the Sponsor (as defined below) require your agreement to comply with and be bound by the terms and conditions set forth below (the “Official Rules”):
OFFICIAL RULES
1. PERIOD. The contest will begin on September 6th, 2013 at 3:00 p.m CT and end on September 20th, 2013 at 10 p.m. CT (the “contest Period”).
2. ELIGIBILITY. NO PURCHASE NECESSARY TO ENTER. Only legal residents of the United States who are 18 years of age or older at the time of entry and domiciled in the state of Texas are eligible to participate in this contest; provided that employees and immediate family members (spouses, parents, siblings and children) of employees of Sponsor, and its respective parents, subsidiaries, affiliates, directors, officers, governors, employees, and agents are not eligible to enter. The contest is void wherever prohibited or restricted by law.
3. ENTRIES. LIMIT OF ONE (1) ENTRY PER PERSON. In order to enter the contest, a user must visit the Blue Cross and Blue Shield of Texas Twitter page (https://twitter.com/BCBSTX), click "follow" for Sponsor’s Twitter page and submit a tweet with a photo and the hashtag #GOALBCBSTX. Any Tweet received thereafter or not properly completed will not be accepted. Any submitted Tweet with the hashtag #GOALBCBSTX in accordance with the procedures herein is considered an “Entrant.” Entrant must be the parent or legal guardian if a child is depicted in entry. Inclusion of any offensive material, such as alcoholic beverages or profanity, is strictly prohibited. By submitting a properly completed Tweet with photo and the hashtag #GOALBCBSTX, Entrants are acknowledging that they have read, understand and agree to be bound by these Official Rules.
4. SELECTION OF WINNER. There will be two (2) winners (the “Winner”) during the contest Period. The Winners will be chosen by a panel of HCSC staff members at the conclusion of the contest Period. Images will be judged on originality, relevance to the topic, usefulness to our fans and artistic merit. The judges are a panel of HCSC staff members familiar with photography and responsible for selecting images for various online marketing and promotional materials. The Winner will be notified on or about Monday, September 23rd, 2013. If any such Winner cannot be contacted or declines the Prize, then such Winner will forfeit the right to be the Winner and Sponsor may select a replacement Winner. By participating, each Entrant agrees to these rules and the decisions of Sponsor which shall be final and legally binding in all matters relating to this contest. Any questions, comments or complaints regarding the contest should be directed to facebook_tx@bcbstx.com.
5. PRIZE DESCRIPTIONS. The Winner will receive two (2) tickets plus one (1) parking pass to the FC Dallas home game on September 29th, 2013 at FC Dallas Stadium in Frisco, Texas (collectively, the “Prize”) (ARV: $150). The Winner may not assign, transfer or substitute the Prize, or redeem the Prize for cash value. The Winner will be responsible for any federal, state and local taxes associated with the Prize. The Sponsor reserves the right to substitute the Prize with any prize of greater or equal value.
6. LIMITATIONS ON LIABILITY. The Sponsor shall not be responsible for Entry Forms that are incomplete, illegible, stolen, misdirected, lost, late or damaged. All Entry Forms become the property of Sponsor and will not be acknowledged or returned. By entering, each Entrant agrees to HOLD HARMLESS AND INDEMNIFY Sponsor, Twitter, FC Dallas and each of their respective partners, parents, subsidiaries, affiliates, directors, officers, governors, employees, and agents (the “Released Parties”) from any and all liability, damages, claims and causes of action (however named or described) with respect to or arising out of (a) Entrant’s participation in this contest, (b) Entrant’s Entry Form or any registration material on any related website, (c) any typographical or other error in these Official Rules or (d) the receipt and/or use of the Prize or any replacement prize that may be awarded herein, including any travel associated with the Prize.
7. CONSENT OF USE. Each Entrant hereby agrees and consents, without further authorization, compensation or remuneration of any kind, to the editing, modification, replication, publication and/or other use of the names, likenesses, photographs, voices, Entry Forms and the like of the Entrant in any medium, whether now known or hereafter developed, including without limitation, the Sponsor’s Facebook page and in any and all advertising, contests, and other publicity conducted by Sponsor and its respective partners, parents, subsidiaries, affiliates, directors, officers, owners, governors, employees, and agents, except where prohibited by law. Notwithstanding the generality of the foregoing, each Entrant further assigns any and all rights he or she may have over his or her Entry Form to the Sponsor without further authorization, compensation or remuneration of any kind. Photos must be taken by entrant, be unpublished and may not have won any prize or award. Entrants must not have sold or given copies of the photo to third parties for use or sale. If individuals other than the entrant appear in photo, entrant must have all parties sign a consent form in order to collect prize (or their parent’s or legal guardian’s permission if individual is a minor).
8. RULES. All decisions as to these Official Rules and interpretations thereof are exclusively within the sole discretion of the Sponsor and may be changed from time to time without notice. The Sponsor reserves the right to cancel or modify the contest at any time without notice. Adherence to these rules will be confirmed prior to the selected photo being featured as the Winner.
9. DISPUTES. This contest shall be governed by and construed in accordance with the laws of the State of Texas, without regard to principles of conflicts of laws. EACH ENTRANT HEREBY WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THOSE COURTS AND SUBMITS TO THE JURISDICTION OF THOSE COURTS. Each Entrant agrees that any controversy, dispute or claim arising out of, relating to or connected with the contest shall be resolved individually, without resort to any form of class action, and exclusively by arbitration, which will be conducted in Dallas, TX in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), and any judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. The arbitrator shall be selected by mutual agreement of the parties, if possible, and shall be a resident of Dallas, TX. If the parties fail to reach agreement upon the appointment of an arbitrator within thirty (30) days following receipt by one party of the other party’s notice of desire to arbitrate, the arbitrator shall be selected from a list or lists of persons submitted by the AAA. The selection process shall be that which is set forth in the AAA Commercial Arbitration Rules then prevailing, except that if the parties fail to select an arbitrator from one or more lists, AAA shall not have the power to make an appointment but shall continue to submit additional lists until an arbitrator has been selected. Under no circumstances will Entrant be permitted to obtain any punitive, incidental, special, consequential and/or other damages, including without limitation lost profits (collectively, “Special Damages”) to an Entrant; and Entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased.
10. FORCE MAJEURE. The Sponsor shall not be responsible for the failure or interruption of any website and/or webpage mentioned herein, https://twitter.com/BCBSTX, or the Sponsor’s e-mail server or of the cancellation or postponement of the FC Dallas game or any drawing for any reason including, but not limited to, equipment failure or malfunction, electrical service interruption, or any act of God.
11. SPONSOR. Blue Cross and Blue Shield of Texas, 1001 E. Lookout Drive Richardson, Texas 75082. Blue Cross and Blue Shield of Texas is a Division of Health Care Service Corporation, a Mutual Legal Reserve Company, an Independent Licensee of the Blue Cross and Blue Shield Association.
12. ADDITIONAL DISCLOSURES. The contest is in no way sponsored, endorsed or administered by, or associated with, Twitter. Each Entrant and/or participant is providing information to Sponsor and not to Twitter or FC Dallas.