PLEASE REVIEW THESE OFFICIAL RULES BEFORE ENTERING THE CONTEST. NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN THIS CONTEST. THIS CONTEST IS VOID WHERE PROHIBITED BY LAW. SUBJECT TO ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
The Paul O’Neill Challenge (the "Contest”) is presented and sponsored by Salus Systems, LLC (“Sponsor”), the owner and developer of the ZERO® Platform. Salus Systems, LLC is located at 545 Browns Drive, Easton, PA 18042.
In order to guarantee a fair and correct competition process, the following rules and guidelines must be observed.
1. GENERAL INFORMATION AND CONDITIONS
• The Contest gives safety professionals and others, ages 18 or older, the chance to highlight an aspect of workplace safety and offer best practices, advice, or warnings to reduce workplace risk and make the workplace safer. Each Entrant in the Contest (“Entrant”) will create a short video (“Entry”) explaining his or her workplace safety story. A panel of Judges will select the top three Entries to receive cash prizes as described in Section 5 below.
• In order to enter the Contest, Entrants must upload their Entries to the Contest Homepage at http://teamzero.com/challenge and complete an associated Submission Form providing information about the Entrant and his or her Entry.
• Each Entry must be uploaded between 9:00 a.m. Eastern Daylight Time on June 3, 2018 and 11:59 p.m. Eastern Daylight Time on September 15, 2018 (the “Submission Period”). Also, the Submission Form for each Entry (together a “Contest Entry”) must be completed before the end of the Submission Period. Contest Entries received in whole or in part before or after the Submission Period are void.
• By entering the Contest, Entrants acknowledge their compliance with these Official Rules, including all eligibility and copyright requirements as well as all rules listed below concerning the use of the Entries by the Sponsor.
• By participating in this Contest, Entrants agree to abide by these Official Rules as established by Sponsor. Sponsor reserves the right to review and qualify all Contest Entries and to reject any Contest Entries that do not meet the requirements for participation as established by Sponsor and these Official Rules. Decisions of Sponsor and the Judges are final and binding in all respects.
2. ELIGIBILITY CRITERIA
• Everyone who is a safety professional or otherwise concerned with workplace safety is invited to participate, subject to the limitations noted in these Official Rules. Entrants must be at least 18 years old as of the start of the Submission Period, on June 3, 2018. All Entrants must be individual persons and not corporations or other business entities. Employees, officers, directors, agents, and representatives of Sponsor and the Judges (as defined below in Section 4), together with any of their immediate family members and those living in their households, are not eligible to enter the Contest. Odds of winning depend upon the number of Contest Entries received, and are further described below in Section 5.
• In order to be eligible, Entrants must upload their Contest Entries before the end of the Submission Period. More than one Contest Entry per Entrant is permitted. Besides a short description of the Entry, the Submission Form must include the Entrant’s first and last name and an email address where the Entrant can be contacted by the Sponsor. Each individual Entry must be accompanied by a Submission Form, even if an Entrant submits more than one Entry. Entries that are submitted without a Submission Form or with an incomplete Submission Form will not be judged and will not be eligible to win a prize. Also, Contest Entries that are uploaded before or after the Submission Period will not be judged and will not be eligible to win a prize.
• Any Entrant or other individual who enters or attempts to enter the Contest in a manner contrary to these Official Rules or who is otherwise disruptive to the proper operation of the Contest in Sponsor’s sole discretion will be disqualified from the Contest by Sponsor without notice.
3. SUBMISSION CRITERIA
• As stated above in Section 1, an eligible Contest Entry consists of both an Entry and an associated Submission Form containing information about the Entrant and the submitted Entry.
• Entries must deal with an aspect of workplace safety and any best practices, tips, advice, or warnings to reduce risk associated with that aspect of the workplace. Suggested topics include, but are not limited to: safety leadership, safety culture, best practices, or leading indicators. Entries may demonstrate how to properly utilize personal protection equipment, discuss the safe operation of a machine, explain industry safety standards including OSHA standards, or address any other aspect of safety in the workplace. All relevant dialogue or text should be in English or subtitled in English.
• Entries must be uploaded to http://teamzero.com/challenge.
• The Entry must be uploaded in MP4 or Quick Time Movie (.MOV) format. Entries need not be made using professional video equipment. Specifically, video Entries shot on handheld devices and tablets are encouraged.
• Entries must not contain any reference to or likeness of any identifiable third parties, unless written consent has been obtained by Entrant with respect to all such individuals. The original copy of each such written consent must be provided to Sponsor upon request.
• Entries must not be defamatory, pornographic, or obscene as determined by Sponsor in its sole discretion and must not contain, depict, include, discuss, or involve any combination of the following without any limitation: Promotion, endorsement, or discussion of any unlawful, harmful, threatening, or abusive activity or context; Nudity, graphic or explicit sexuality, or vulgar or offensive language, images, or both; Hateful, derogatory, or otherwise offensive or objectionable characterizations or generalizations of any ethnic, racial, sexual, or religious group; Personal information of individuals, including names, physical addresses, phone numbers, email addresses, or social media addresses; Commercial messages, endorsements, comparisons, or solicitations for products or services or for any organization or individual providing such products or services; Any identifiable third party products and/or trademarks, brands, logos, or intellectual property; or Any other content that is or could be considered inappropriate, unsuitable, or offensive as determined by Sponsor in its sole discretion.
• Entrants are solely responsible for ensuring that their Contest Entries are submitted and received in compliance with these Official Rules.
• Beginning on September 16, 2018, all Entries will be referred to a panel of four (4) judges (the “Judges”). The Judges will be three members of the American Society of Safety Engineers and Paul O’Neill, the former Chairman and CEO of Alcoa.
• The Judges will judge the Entries using the following criteria, each of which will be given roughly equal weight in the sole discretion of the Judges: Concise. Each Entry must have a maximum length of sixty (60) seconds or one page for all other media entries. In addition, each Entry will be judged on the basis of the conciseness of its message; Engaging. Each Entry should be enjoyable to watch or read, easy to follow, and may contain humor that is appropriate to the subject matter; Current. Each Entry should be in accordance with current safety practices, such as OSHA standards. In addition, each Entry should be in accordance with any current safety practices in the specific field portrayed; and Useful. Each Entry should be useful in that it dramatizes an important workplace safety issue, solution, or both.
• The Judges will select one (1) preliminary First Prize winner, one (1) preliminary Second Prize winner, one (1) preliminary Third Prize winner. The Entrants selected by the Judges as preliminary First Prize, preliminary Second Prize, and preliminary Third Prize (each is a “Preliminary Winner”) will be notified by Sponsor by September 30, 2018, via the email address provided on the Entrant’s Submission Form. If an Entrant selected as a Preliminary Winner does not respond to Sponsor’s emailed notice within five (5) days of such notice, Sponsor may at its sole discretion disqualify the Preliminary Winner and select an alternate Preliminary Winner. Sponsor is not responsible for unsuccessful efforts to notify any Preliminary Winner.
• All Preliminary Winners are subject to verification by Sponsor. Non-compliance may result in disqualification at Sponsor’s sole discretion and the selection of an alternate Preliminary Winner. If any Preliminary Winner is found to be ineligible, or if he or she has not complied with these Official Rules, or if the Preliminary Winner declines a prize for any reason prior to award, Sponsor may at its sole discretion disqualify the Preliminary Winner and select an alternate Preliminary Winner.
• In the event of a dispute regarding the identity of an Entrant who submitted a winning Contest Entry, the Contest Entry will be deemed to have been submitted by the individual listed in the Submission Form. In the event a dispute regarding the identity of the individual who actually submitted a Contest Entry cannot be resolved to Sponsor’s satisfaction, the affected Contest Entry will be deemed ineligible. If, for any reason, bona fide claimants come forward seeking to claim prizes in excess of the number of prizes set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available may be selected in a random drawing from among all persons making purportedly valid claims for such prizes. Inclusion in such drawing shall be each Entrant’s sole and exclusive remedy under such circumstances.
• Once each Preliminary Winner has fully complied with the above steps in this Section 4, that Preliminary Winner will be deemed a Final Winner. All Final Winners will be announced on the Contest Homepage on September 30, 2018.
• Three (3) total prizes will be awarded as described in Section 4 above. The prizes are as follows: One (1) First Prize, in the amount of $2,000.00. One (1) Second Prize, in the amount of $1,500.00. One (1) Third Prize, in the amount of $1,000.00.
• Limit one (1) prize per person/household for the entire Contest. Except for the prizes awarded as specified above, no other compensation in any manner will be paid or given to any Entrant of the Contest. All Final Winners are solely responsible for any and all local, state, and/or federal taxes on the prizes as well as any other costs and expenses not specified herein.
• Odds of Winning: The odds of winning each prize depends upon the total number of Contest Entries received by the end of the Submission Period. The odds of winning each prize also depends upon the quality of the Entrant’s Entry, as judged by the Judges as described above in Section 4. Sponsor has not previously conducted a similar contest. Nevertheless, Sponsor estimates that 150 Contest Entries will be received.
• Preliminary Winners and Final Winners cannot assign or transfer a prize to another person. Sponsor reserves the right to substitute any prize, or variations of any part of a prize of approximately equivalent value in its sole discretion. Sponsor makes no warranties or disclaimers concerning the prizes beyond those customarily given.
6. USE OF SUBMITTED ENTRIES BY SPONSOR
• By submitting a Contest Entry, each Entrant grants, approves, and authorizes Sponsor the irrevocable right to use, broadcast, webcast, podcast, link to or from, or otherwise exhibit, distribute, or display the submitted Entry in its original or shortened form in connection with any purpose, whether commercial, non-commercial, educational, or otherwise.
• In particular, at any time Sponsor may for any purpose, whether commercial, non-commercial, educational, or otherwise: (a) upload, copy, reproduce, display, or distribute the submitted Entry, (b) transmit the Entry by telecommunication, and/or (c) make the Entry accessible and available on Sponsor’s website, on Sponsor’s YouTube Channel, on Sponsor’s social media accounts, on the ZERO® Platform, or by any other means. Sponsor may act in any or all of these ways without further notice or compensation to the Entrant.
• In connection with promoting or marketing the Contest and/or any subsequent contest of a similar nature, Sponsor may cut, translate, or reformat any submitted Entry and use, broadcast, webcast, podcast, link to or from, or otherwise exhibit, distribute, or display the resulting modified entry. In particular, Sponsor may use an original Entry or parts of the same for creating snapshots, trailers, promotion clips, or similar media without further notice or compensation to the Entrant.
• Each Entrant grants Sponsor the unqualified, unrestricted, worldwide, irrevocable, perpetual, and royalty-free right to use his or her name, image, Entry or Entries, and other distinctive identification in connection with promoting or marketing the Contest and/or any subsequent contest of a similar nature, without further notice or compensation to the Entrant.
• Sponsor is under no obligation to use the Entries as provided herein. In particular, Sponsor has no obligation to post or display any submitted Entry.
7. USE OF PERSONAL INFORMATION
• Personal information submitted to Sponsor in connection with the Contest will only be used to contact Entrants in order to (i) notify the winners, (ii) resolve questions or problems regarding the submitted Entries or their content, and (iii) communicate general news or issues pertaining to the Contest, or any of these.
• Sponsor will not disclose, give, sell, or transfer any personal information about the Entrants, unless required for law enforcement purposes or by statute.
• As any Entry may be made public at Sponsor’s sole option, Entrants should not include personal information (such as addresses, phone numbers, etc.) about themselves or anyone else in their Entries.
8. DISCLAIMERS AND EXCLUSION OF LIABILITY
• Each Entrant is solely responsible for obtaining from all applicable individuals, entities, or third parties any and all required rights, releases, consents, clearances, licenses, and any other authorization necessary to exploit and otherwise use their submitted Entry in any and all media.
• By entering, each Entrant releases and holds harmless Sponsor or any other entities involved in the administration of the Contest, each of their respective parents (including without limitation Charter Partners Community, LLC and Everest Reinsurance Holdings, Inc.), subsidiaries and affiliates, and each of their respective directors, officers, employees, and agents, (collectively, the “Sponsor Parties”), from any and all responsibility, damages (including without limitation direct, indirect, incidental, consequential, punitive, and statutory damages), penalties, costs, liabilities, and losses of any kind arising out of or relating to: (i) participation in the Contest; (ii) any violation by the Entrant of these Official Rules or any laws; (iii) any copyright, trademark, patent, trade secret, right of publicity, or other intellectual property misappropriation or infringement attributable to Entrant or his or her Contest Entry; and (iv) the receipt or use of any prize awarded in connection this Contest. Without limiting the foregoing, the Sponsor Parties are not responsible for any injury or damage to Entrants or any other person’s computer related to, or resulting from participation in, or downloading any material in connection with, the Contest.
• Each Entrant is solely responsible for the correct submission of his or her Contest Entry and Sponsor assumes no responsibility for lost, misdirected, illegible, or unintelligible Contest Entries.
• Sponsor assumes no responsibility for any circumstances that may limit an individual’s ability to participate in the Contest or otherwise affect the administration, security, impartiality, or normal course of the Contest, including but not limited to technical problems with Sponsor’s website, any email, telephone, network, or other transmission system, any computer virus or bug, or any human error which may occur in the administration of the Contest or the judging process.
• Sponsor will not be liable for any injury, loss, or damage of any kind caused by or resulting from a participation or attempted participation in the Contest, compliance or non-compliance with these Official Rules, or a Entrant’s acceptance, use, or misuse of any prize awarded to the Entrant.Sponsor may extend the Submission Period at its sole discretion. Any extension of the Submission Period will be announced on the Sponsor’s Contest Homepage.
• EACH ENTRANT AGREES THAT: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THIS CONTEST, OR ANY PRIZES AWARDED, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORTING TO ANY FORM OF CLASS ACTION, PURSUANT TO ARBITRATION CONDUCTED UNDER THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION THEN IN EFFECT, TO TAKE PLACE IN EASTON, PA; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THIS CONTEST, BUT IN NO EVENT ATTORNEYS’ FEES; AND (3) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN AWARDS FOR, AND PARTICIPANT HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, AND CONSEQUENTIAL DAMAGES, AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL 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 PARTICIPANT AND SPONSOR IN CONNECTION WITH THE CONTEST, SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF PENNSYLVANIA, WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW, RULES OR PROVISIONS (WHETHER OF THE STATE OF PENNSYLVANIA OR ANY OTHER JURISDICTION) THAT WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY JURISDICTION OTHER THAN THE STATE OF PENNSYLVANIA.
9. WINNERS LIST
• For a list of winners, available after September 30, 2018, please email email@example.com by October 31, 2018.