"Tell Us Your Story" Contest Official Rules
NO PURCHASE NECESSARY. To enter, access www.lyrichearing.com, go to the page "Tell Us Your Lyric Story" in the "Lyric Hearing Stories Section" of the website, and follow the prompts to submit your entry. Limit one entry during the contest period per person/e-mail address. All entries must be received between 12:01 a.m. Eastern time on July 1, 2008 and 11:59 p.m. Eastern time on September 30, 2008. No alternate form of entry will be honored in this Contest. Sponsor is not responsible for late, lost, incomplete, illegible, misdirected or misrouted entries. Use of automated devices is prohibited. Contest entries become the property of Sponsor and will not be returned.
Eligibility
Contest is open to U.S. Citizens that are legal residents of the United States except Puerto Rico and other US territories.Employees of InSound Medical, Inc. and, its affiliates, subsidiaries, advertising and production agencies, and their immediate families and household members are not eligible. Must be 18 years of age or older to enter as of promotion start date. Void where prohibited or restricted. Federal, state, and local laws and regulations may apply.By entering this Contest, participants agree to be bound by these Official Rules and the decisions of the Sponsor and/or its agents. BY PARTICIPATING, ENTRANTS AGREE TO ALLOW INSOUND MEDICAL, INC. TO PERIODICALLY SEND NOTIFICATION OF SPECIAL OFFERS AND PROMOTIONS VIA E-MAIL. IF AT ANY TIME YOU DECIDE THAT YOU DO NOT WISH TO BE CONTACTED FURTHER ABOUT SPECIAL PROMOTIONS VIA E-MAIL, FOLLOW THE INSTRUCTIONS IN THE E-MAIL. CLICK HERE TO SEE OUR PRIVACY POLICY.
Criteria for judging
Entries will be judged based solely on the information submitted via the online entry form. Entries will be scored based on the following: 100% of the total score will be based on contestant’s Lyric® hearing story as relates to brand personality and image. . The judging criteria will focus on the contestant’s specific hearing loss situation, the benefits received from their use of the Lyric device, and the overall likeability & believability of their story.Contestant’s story must be consistent with InSound Medical, Inc.’s reputation in the marketplace and must be suitable for audiences of all ages. Entries which, in the judges’ sole discretion, contain any type of vulgarity or objectionable content will be disqualified.Entries that do not meet these stated criteria are not eligible.
Grand prize winner judging and selection
This is not a game of chance. Based on the criteria for Judging, above, judges will evaluate entries and will determine one (1) Grand Prize Winner. Judging will be completed on or about October 15, 2008. Judging panels will consist of marketing representatives from InSound Medical, Inc. The potential Grand Prize winner may be required to undergo a background check. Proof or verification of identity and qualifications may be required. Failure to comply may result in disqualification and selection of another potential winner, as selected based on criteria described. Awarding of the grand prize will be conducted by InSound Medical, Inc., whose decisions are final on all matters relating to the promotion. InSound Medical, Inc. will notify the Grand Prize Winner via e-mail and the grand prize will be emailed to the Winner in the form of an electronic coupon.The coupon will include instructions on redemption.
Prize and approximate retail value
One (1) Grand Prize: a coupon good for $150 off the Grand Prize Winner’s next Lyric hearing device subscription renewal(s). For a Grand Prize Winner with multiple ear Lyric subscriptions, the coupon is good for $150 of each ear’s subscription for a combined grand total of $300. The Grand Prize Winner is responsible for all federal, state and local taxes associated with acceptance and use of prize. Prize is not transferable. No substitution of prizes permitted.The grand prize will be awarded in the form of an electronic coupon that will be emailed to the Grand Prize Winner along with their Grand Prize notification.The coupon will include use and redemption instructions.
Entry
By participating in the Contest, each entrant participating in the Contest agrees to grant to Sponsor a non-exclusive, worldwide, fully paid, royalty-free, perpetual license, with the right to sublicense, to reproduce, distribute, use, exploit, transmit, create derivative works of, publicly display and publicly perform any entries, materials and other information submitted by the entrant in connection with the Contest by all means and in any media now known or hereafter developed (including, without limitation, print, broadcast, and internet), for all business purposes including advertising and promotional activities without notice or approval, unless prohibited by law. Each participating entrant hereby waives his or her moral rights in any such entries, materials and information, and hereby warrants that any such entries, materials and information are original with the entrant, or that the entrant has the right to submit such entries, materials and information.Entrant warrants that all persons appearing in the entry are able to give, and have given, their full consent to participation and to the exploitation of the rights in the entry envisaged hereunder.Each entrant warrants that any content included in the entry is cleared for use as envisaged hereunder, and no further release needs to be obtained by Sponsor or any third party in relation to exploitation.Each entrant warrants that the entries, materials and information submitted do not contain information considered by entrant’s place of business or any other third party to be confidential, and that the entries, materials and information submitted do not violate or infringe the rights of any third parties or violate any laws or regulations.Each entrant agrees that he or she shall have no recourse against Sponsor for any alleged or actual infringement or misappropriation of any proprietary right in an entrant’s entry.
Liability
Submitting a contest entry constitutes permission (except where prohibited) to use the entrant’s name, submitted entry information, and likeness for publicity purposes without compensation. InSound Medical, Inc. will specifically require that the Grand Prize Winner permit the use of their name, submitted entry story, likeness, or identifying information for advertising, promotional, and publicity purposes in relation to the Lyric product in any media including print and online media, without time or geographic limitations.Notwithstanding any of the above, Sponsor’s sole obligation will be to award the Grand Prize Winner the Grand Prize Winner’s coupon as stated above.Sponsor will have no obligation to use the Grand Prize Winner’s story or name or likeness in any manner whatsoever.Sponsor and its promotional and advertising agencies, and all respective officers, directors, employees, representatives and agents of each, shall have no liability and shall be held harmless by Winners for any damage, loss or liability to persons or property, due in whole or part, directly or indirectly, by reason of the acceptance, possession, use or misuse of prize or participation in this promotion. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend part or all of this promotion should virus, bugs, unauthorized human intervention or other causes beyond the control of Sponsor corrupt or impair the administration, security, fairness or proper play of the promotion. Sponsor reserves the right at its sole discretion to disqualify any individual Sponsor reasonably believes to have provided false information, tampered with the entry process or with the operation of the promotion, or who is found to be acting in violation of these Official Rules.
This Contest and the rights and obligations of Sponsor and entrants will be governed by and controlled by the laws of the State of California, United States of America, applicable to contracts made and performed therein without reference to the applicable choice of law provisions.All actions, proceedings or litigation relating hereto will be instituted and prosecuted solely within the State of California, Alameda County.The parties consent to the jurisdiction of the state courts of California and federal court located within such state and county with respect to any action, dispute or other matter pertaining to or arising out of the Contest.
Disclaimer and Limit of Liability.SPONSOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY PRIZE OR ANY ENTRANT’S PARTICIPATION IN THE CONTEST.SPONSOR SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, COST, OR INJURY THAT ARISES FROM OR RELATES TO PARTICIPATION IN THE CONTEST, OR WINNING OR USE OF A PRIZE, INCLUDING BUT NOT LIMITED TO: (I) LATE, LOST, DELAYED, DAMAGED, MISDIRECTED, INCOMPLETE, OR UNINTELLIGIBLE ENTRIES; (II) TELEPHONE, ELECTRONIC, HARDWARE OR SOFTWARE PROGRAM, NETWORK, INTERNET, OR COMPUTER MALFUNCTIONS, FAILURES, VIRUSES OR DIFFICULTIES OF ANY KIND, WHETHER ON ACCOUNT OF TECHNICAL PROBLEMS, TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE, OR ON ACCOUNT OF ANY COMBINATION OF THE FORGOING; (III) FAILED, INCOMPLETE, GARBLED, OR DELAYED COMPUTER TRANSMISSIONS;(IV) THE DOWNLOADING OF ANY MATERIAL IN CONNECTION WITH THIS CONTEST; (V) ANY INCORRECT INFORMATION, WHETHER CAUSED BY WEBSITE USERS, PARTICIPANTS OR ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE CONTEST; OR (VI) ANY OTHER CONDITION THAT MAY CAUSE THE CONTEST TO BE DISRUPTED OR CORRUPTED.SPONSOR RESERVES THE RIGHT, IN ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE, TO SUSPEND OR CANCEL THE CONTEST OR ALTER THE RULES FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, IF AT ANY TIME A COMPUTER VIRUS, TECHNICAL PROBLEM, OR OTHER UNFORESEEABLE EVENT ALTERS OR CORRUPTS THE ADMINISTRATION OF THE CONTEST.
Release.BY ENTERING THE CONTEST, EACH ENTRANT RELEASES AND AGREES TO INDEMNIFY AND HOLD HARMLESS SPONSOR AND ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS AND AGENTS FROM ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, COSTS, LOSSES, OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THOSE RELATED TO PERSONAL INJURY, DEATH, DAMAGE TO PROPERTY, INFRINGEMENT OF PROPRIETARY RIGHTS, RIGHTS OF PUBLICITY OR PRIVACY OR DEFAMATION) ARISING OUT OF OR IN CONNECTION WITH: (I) THE ENTRY SUBMITTED BY ENTRANT; (II) ENTERING AND PARTICIPATING IN THE CONTEST; AND/OR (III) ACCEPTING OR USING ANY PRIZE.HOWEVER NOTHING IN THESE OFFICIAL RULES SHALL LIMIT SPONSOR'S LIABILITY UNDER ANY CATEGORY OF LIABILITY WHICH UNDER THE LAW OF AN ENTRANT’S JURISDICTION CANNOT LAWFULLY BE LIMITED.
Winners' list
For the name of the Contest Grand Prize Winner, send a self-addressed stamped envelope postmarked by November 30, 2008 to: InSound Medical, Inc., Attn: Contest Winner’s List, 39660 Eureka Drive, Newark, CA 94560.Residents of Vermont and other jurisdictions where submission of return postage is prohibited may omit return postage.
Sponsor
InSound Medical, Inc., 39660 Eureka Drive, Newark, CA 94560.
©2008 InSound Medical, Inc.All rights reserved.
