Terms & Conditions
1. NO PURCHASE NECESSARY. PURCHASE WILL NOT INCREASE YOUR CHANCES OF HAVING
YOUR STORY PUBLISHED. VOID WHERE PROHIBITED. The opportunity to have
your story published is only open and offered to legal residents of the 50 United
States and the District of Columbia who are 18 years of age (or the age of majority
in their jurisdiction, whichever is greater) or older.
2. TO APPLY: To enter, submit a written story, or video, or photo
("Entry") that best expresses your story. Visit www.melanomaexposed.com ("Web site")
to submit your story. Accurately complete the submission form by providing your
name, complete address, daytime phone number, birth date and e-mail address, and
follow online instructions for attaching and submitting your story. Please see #3
Entry Guidelines for file size and acceptable formats. Internet entries received
without a complete and accurate Entry form may not be posted on the Web site. Information
submitted via Web site is subject to that Web site's Privacy Policy. All Entries
and materials submitted become property of BRISTOL-MYERS SQUIBB COMPANY ("BMS")
and will not be acknowledged or returned and no correspondence will be entered into.
3. ENTRY GUIDELINES: Entrant is responsible for obtaining publicity
releases from any/all subjects appearing or mentioned in the Entry. Entries
must not include any mention of names of melanoma medications. Entries
must be in English and must not include any entity's brand name, logo, company name,
trademark, service mark, copyrighted material, or material that is in any way proprietary.
Maximum allowable file size is 100 MB. By submitting an Entry, you warrant that
the Entry does not violate any law, regulation or right of any third party, including
but not limited to copyright, trademark, rights of publicity or privacy, that you
have followed these Terms and Conditions and that the Entry has not been published
or submitted in any other medium. Entrant agrees to indemnify, defend and hold harmless
BMS and its Agents of and from any third party claims arising out of Entrant's breach
of any of its warranties herein. If Entry contains an identifiable person other
than entrant, by submitting Entry, entrant represents and warrants that he/she has
obtained the consent of such person to use the essay/photo as outlined herein and
such person will be required to provide a written consent form prior to any materials
being published on the web site. Nothing will be posted to the site without a written
consent, as reasonably required by BMS.
4. POSTING CRITERIA AND REVIEW: Any Entry that, in the sole opinion
of BMS, is considered inappropriate or not suitable for publication will not be
posted on the web site. All eligible entries will be independently reviewed by BMS.
5. OVERVIEW: Entries may, in the sole discretion of BMS, appear
in a commemorative book, in a documentary video and/or also be highlighted on social
media sites. Additionally, Entries may appear in BMS' advertisement(s), promotional/educational
material(s) and/or on BMS' Web site, but BMS is not obligated to make any such use,
and any use of an Entry is at the sole and exclusive option of BMS.
6. GENERAL CONDITIONS: By entering, entrants agree that (a) BMS, its parents,
agents, subsidiaries and affiliated companies, advertising and promotion agencies,
and all of their respective officers, directors, employees, representatives and
agents are released, will have no liability whatsoever for, and shall be held harmless
by entrant against any liability for any injuries, losses or damages of any kind
to person(s), including death, or property resulting in whole or in part, directly
or indirectly, from acceptance, possession, misuse or use of participation in this
story submission, including any travel related thereto, and the use of the Entry
in any manner and (b) except where legally prohibited, individuals whose stories
are chosen grant (and agree to confirm that grant in writing) permission to BMS
and those acting under its authority the right to the use of his/her name, picture,
likeness, voice, biographical information and/or Entry (and notwithstanding anything
to the contrary in these Official Rules, license use of Entry, which may be altered,
changed, modified, edited, used alone, together or with other works, as solely determined
by BMS) at any time or times, for advertising, trade, publicity and promotional
purposes without additional compensation, in all media now known or hereafter discovered,
worldwide and on the Internet and World Wide Web, without notice, review or approval.
ENTRANT'S DISCLOSURE OF ANY INFORMATION (INCLUDING MEDICAL, FAMILY, EMPLOYMENT,
AGE OR OTHER INFORMATION) INCLUDED IN AN ENTRY DOES NOT CREATE A PRIVILEGED COMMUNICATION
UNDER THE LAW OR ANY MEDICAL OR PROFESSIONAL CODE OF ETHICS OR RESPONSIBILITY; AND
ALL SUCH INFORMATION DISCLOSED WITH AN ENTRY WILL BECOME PUBLICLY KNOWN AS OF THIS
SUBMISSION AND (IF IT WERE PREVIOUSLY) WILL NO LONGER BE ENTRANT'S OR ANY THIRD-PARTY'S
CONFIDENTIAL INFORMATION.
7. AFFIDAVIT/RELEASES/ASSIGNMENT: Recognizable/named person(s)
in Entries will also be required to complete, sign and return a release prior to
posting Entry on web site. Each selected Entrant, including all photographers and
videographers will be required to complete, sign and return an irrevocable assignment,
in the US and worldwide, of any and all right, title and interest that either or
both may have in the essays, photographs and video/audio creations, including but
not limited to, copyright and "Droit Moral" or "Moral Rights" (if any), therein,
for valuable consideration, the receipt and sufficiency of which is hereby acknowledged.
If any of the required documentation is not returned within the allotted time period,
or if an individual is found to be ineligible or otherwise not in compliance with
these Official Rules, then the individual's Entry will not be posted to the web
site. All Entrants represent that all Entries are their work and have the right
to submit and assign all rights to BMS. It will be the Entrant's responsibility
to secure Releases from persons in photograph and photographer's (or videographer's
assignment of rights. All completed & executed releases of persons in photographs,
and photographer's or videographer's assignments of rights, will be required to
be returned to BMS within seven (7) days of notification. Should BMS fail to request
said Releases and/or assignment as stated, that shall not be deemed a waiver of
BMS' rights and BMS may at a later time request those Releases and/or assignment.
Any such assignment may be in a form and contain such provisions, as solely deemed
by BMS, reasonably necessary to acquire the ownership of record of all right, title
and interest in and to photograph and essay, and copyrights and Moral Rights transferred,
or which may be transferred, under this Agreement.
8. LIABILITY LIMITATIONS: Neither BMS nor its Agents are responsible
for lost, stolen, illegible, misdirected, or non-delivered entries; or for lost,
interrupted or unavailable satellite, network, server, or other connections availability,
accessibility or traffic congestion, miscommunications, failed computer, network,
telephone, satellite, cable hardware, software or lines, technical failure, jumbled,
scrambled, delayed, or misdirected transmissions, computer hardware or software
malfunctions, failures or difficulties, or other errors of any kind whether human,
mechanical, electronic or network, or the incorrect or inaccurate capture of Entry
or other information or the failure to capture, or loss of, any such information.
Neither BMS, its Parent, Affiliates, Subsidiaries and related Companies, their Respective
Agents, Advertising or Promotion Agencies or any of their Respective Officers, Directors,
Employees, Representatives and Agents, are responsible for any incorrect or inaccurate
information, whether caused by users, or by any equipment or programming associated
with or utilized in this program, and assume no responsibility for any error, omission,
interruption, deletion, defect or delay in operation or transmission, communications
line failure, theft or destruction or unauthorized access to, or tampering with
or hacking the Web site or any electronic devices. BMS reserves the right, at its
sole discretion, to disqualify any individual it finds to be tampering with Entry
process or operation of the web site, to be acting in violation of the terms of
the submission process or to be acting in a non-sportsmanlike or disruptive manner,
or with intent to threaten, abuse or harass any other person. Entries generated
by a robotic, programmed, script, macro or other automated means will be disqualified.
Neither BMS nor its agencies are responsible for injury or damage to participant's
or to any other person's computer related to or resulting from submitting an entry
or downloading materials from or use of the Web site. If, for any reason, this program
is not capable of running as planned by reason of infection by computer virus, worms,
bugs, tampering, hacking, unauthorized intervention, fraud, technical failures or
any other causes which, in sole opinion of BMS, corrupt or affect the administration,
security, fairness, integrity or proper conduct of this program, BMS reserves the
right, at its sole discretion, to cancel, terminate, modify or suspend this program.
In the event of termination of any portion of this program, notice will be posted
at www.melanomaexposed.com. In the event of a dispute regarding entries received
from multiple users having the same e-mail account, the authorized subscriber of
the e-mail account at the time of Entry used to enter will be deemed to be the entrant
and must comply with these Official Rules. Authorized account subscriber is the
natural person who is assigned to the e-mail address by the Internet Service Provider
(ISP), on-line service provider, or other organization responsible for assigning
e-mail addresses.
9. FURTHER LIABILITY LIMITATIONS: IN NO EVENT WILL BMS, ITS PARENT, AFFILIATES,
SUBSIDIARIES AND RELATED COMPANIES, THEIR RESPECTIVE AGENTS ADVERTISING OR PROMOTION
AGENCIES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES
AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING
DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR
ACCESS TO AND USE OF THE WEB SITE OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED
FROM WEB SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEB SITE IS PROVIDED
"AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES,
SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO ENTRANT. CHECK YOUR
LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
10. GOVERNING LAW: This agreement and any claim, controversy or
dispute related to this agreement or the relationship of the parties will be governed
by the laws of the State of New York and shall be construed and governed by the
laws of that State without regard to the provisions governing conflict of laws.
11. ENTIRE AGREEMENT: This agreement sets out the entire agreement
of the parties and supersedes all prior agreements and understandings relating to
its subject matter. This agreement may not be altered, modified, or waived in whole
or in part, except in writing signed by both parties.