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EAT RIGHT, MOVE MORE, FEEL BETTER GIVEAWAY iowa and south dakota
October 17, 2011 at
07:18 PM
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I hope I am doing this right.
Wellmark Blue Cross Blue Shield. Like them on their facebook page and fill out the entry form for one of eight weekly prizes http://www.facebook.co
For Iowa and South Dakota
1. ELIGIBILITY
The Eat Right, Move More, Feel Better Giveaway(the "Giveaway") is offered by Wellmark Blue Cross Blue Shield ("Wellmark") to residents of Iowa and South Dakota. By "liking" the Wellmark Blue Cross and Blue Shield Facebook page, you are accessing the opportunity to enter the Giveaway, you accept sole responsibility for determining whether your participation is legal in any jurisdiction that applies to you. Participants must be of the age of the majority in their jurisdiction of residence and have an active email account and Internet access at the time of entry. By entering, you agree to these "Official Rules" and that the decisions of Wellmark are final and binding in all respects.
Void where prohibited or restricted by law.
Eligibility Restrictions:
The Giveaway is open to all residents living in Iowa and South Dakota who are at least 18 years of age or represented by a legal guardian. This Giveaway is subject to all applicable federal, state and local laws and regulation and is void where prohibited.
Employees and directors of Wellmark, its advertising and promotion agencies, its legal advisors, and the immediate family (parent, child, sibling and spouse of each) or members of the households of such employees and directors (those who have lived in the same household for at least three of the 12 months preceding the applicable Giveaway Period) are not eligible.
Finalists only need to provide mailing information if selected as a "Winner."
No purchase is necessary to enter any Giveaway.
Entrants must "Like" the Wellmark Blue Cross and Blue Shield Facebook page to be eligible for any Giveaways.
Entrants must provide an email address to be eligible to win a Giveaway.
Entrants must be willing to give full name, address, and phone number if selected as a "Winner."
2. GIVEAWAY PERIOD
Wellmark may have multiple Giveaways running simultaneously. Each Giveaway has an individual begin and end time, which will be shown on each Giveaway's separate page.
Eat Right, Move More, Feel Better Giveaway Period will begin on September 5, 2011 at 12:01 a.m. and close on October 29, 2011 at 11:59 p.m.
3. ENTRY
To enter the Giveaway, your computer must accept cookies, or any successor or similar technology, so that Wellmark is able to track your entries in the Giveaway.
Entrants may not enter with multiple emails and/or multiple identities nor may entrants use any automated entry mechanism or artifice to obtain more than the maximum number of entries. Any entrant who attempts to participate with multiple emails and/or multiple identities or uses any device or artifice to obtain more than the maximum number of entries will be disqualified.
How to Enter:
No purchase or payment necessary to enter or win. A purchase or payment will not improve your chances of winning. All federal, state, local, and municipal laws and regulations apply. Void where prohibited.
Qualified entrants shall "like" the Wellmark Facebook page, submit a valid email address and name.
All entries received that are mutilated, tampered with, illegible, or from ineligible entrants will be void. All entries become the property of the Giveaway sponsors and will not be acknowledged or returned.
Prizes:
Eight (8) prizes: One (1) "Eat Right, Move More, Feel Better Giveaway" Prize pack will be given away each week beginning September 12, 2011. Prize pack includes:Hy-Vee Gift Card
Resistance Band
Exercise Body Ball
Jump Rope
iPod Shuffle
B. Each winner accepts the Prize "As Is." If the Winner(s) does not respond within 4 days of selection specified by the Giveaway Rules, the Winner may be disqualified and an alternate Winner may be selected.
Prizes are not transferable.
Winners will be posted on the Facebook and Twitter pages. All prizes will be distributed after verification of winning status. All potential Winners are subject to verification at Wellmark's sole discretion. No assignment, transfer or substitution of any prize is permitted. By accepting a prize, Giveaway Winners agree that their name shall exclusively be used for promotional purposes at Wellmark's sole discretion in any and all media now known or hereinafter developed without territorial or time limitations. Limit one Prize per household.
Taxes on prizes are the sole responsibility of the Winner.
Elimination
Any false information provided within the context of the Giveaway by any participant concerning identity, mailing address, telephone number, email address, non-compliance with these Official Rules or the like may result in the immediate elimination of the participant from the Giveaway. The Giveaway Sponsors further reserve the right to disqualify any entry that it believes in its sole discretion infringes upon or violates the rights of any third party, otherwise does not comply with these Official Rules, or violates U.S. or applicable state or local law.
4. WINNER SELECTION
Winner(s) will be selected via random.org. The "Winner" will be contacted via the email address they provided. The Winner has 4 days to respond. If the "Winner" has not responded within 4 days another Winner will be selected via random.org.
The Winner each week will be notified via email and their names will be mentioned of Wellmark Blue Cross and Blue Shield's Facebook and Twitter accounts.
Anyone can enter; however, only one entry per email address is allowed.
5. GENERAL CONDITIONS
Wellmark reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Giveaway or the Website; to be in violation of the Website Terms and Conditions; to be acting in violation of these Official Rules; to be acting in a unethical or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person, as determined by Wellmark at its sole discretion.
If for any reason this Giveaway is not capable of being conducted as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which, in the sole opinion of Wellmark, corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Giveaway, Wellmark reserves the right to cancel, terminate, modify or suspend the Giveaway. If the Giveaway is terminated due to tampering or technical difficulties prior to its expiration date, notice will be posted on Wellmark's website at http://www.wellmark.co
ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, WELLMARK RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM THOSE RESPONSIBLE TO THE FULLEST EXTENT PERMITTED BY LAW.
6. LIMITATIONS OF LIABILITY
WELLMARK IS NOT RESPONSIBLE FOR LATE, LOST, ILLEGIBLE, MISDIRECTED ENTRIES, AND WELLMARK DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, SYSTEM INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ITS WEBSITES. WELLMARK IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR TELEPHONE LINES, COMPUTER ON-LINE SYSTEMS, SERVERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY E-MAIL OR ENTRY TO BE RECEIVED BY WELLMARK ON ACCOUNT OF TECHNICAL PROBLEMS, HUMAN ERROR OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE, OR ANY COMBINATION THEREOF.
WELLMARK IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CAPTURE OF INFORMATION OR THE FAILURE TO CAPTURE SUCH INFORMATION, WHETHER CAUSED BY WEBSITE USERS, TAMPERING OR HACKING, OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE GIVEAWAY. WELLMARK IS NOT RESPONSIBLE FOR INJURY OR DAMAGE TO PARTICIPANTS' OR TO ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING IN THIS GIVEAWAY OR DOWNLOADING MATERIALS FROM OR USE OF THE WEBSITE.
IN NO EVENT WILL WELLMARK, ITS DISTRIBUTORS, AFFILIATES, SUBSIDIARIES, VENDORS, ADVERTISING AGENCIES AND PROMOTION AGENCIES AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES OR 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 PARTICIPATION IN THIS GIVEAWAY, ACCESS TO AND USE OF THE WEBSITE OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE WEBSITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE AND IN THIS GIVEAWAY IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE 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 YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
7. DISPUTE RESOLUTION
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or your rights and obligations, Wellmark's rights and obligations in connection with this Giveaway, shall be governed by, and construed in accordance with, the laws of the state of Iowa, U.S.A., without giving effect to the conflict of laws rules thereof, and you agree to the jurisdiction and venue of the federal, state and local courts in Des Moines, Iowa for any disputes relating to the Giveaway or these Official Rules.
In the event of a dispute as to the identity of any Winner based on an email address, the winning entry will be declared made by the authorized account holder of the email address submitted at time of entry. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, on-line service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
8. WINNERS LIST
The names of the Finalists and Winners will also be posted on the Contest Website.
9. WELLMARK INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS
You acknowledge and agree that the materials available on the Site, including art work, graphics, photographs, images, screen shots, text, music, digitally downloadable files, video clips, trademarks, logos, product and character names, slogans, the software used in connection with the Site, and any compilations of the foregoing ("Wellmark Content") contain proprietary and confidential information that is the property of Wellmark and its licensors, and is protected by applicable U.S. and international intellectual property and other laws. Third-party content, including site user-posted content (including graphics, video clips, images, trademarks, trade names, characters), trademarks and copyrights is the property of the third parties that market or license that content, and is used by Wellmark subject to license, or subject to the fair use provisions of U.S. copyright or trademark law or such use is made permissible under other applicable law.
Unless expressly authorized in this Agreement or otherwise by Wellmark, you agree not to download, display, use, modify, rent, lease, loan, sell, distribute or create derivative works of the Wellmark Content in whole or in part, in any publications, in public performances, on websites other than this site, for any commercial purpose, in connection with products or services that are not those of Wellmark, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Wellmark and/or its licensors, that dilutes the strength of Wellmark's or its licensor's property, or that otherwise infringes Wellmark's or its licensor's intellectual property rights. You further agree to in no other way misuse any content which you do not own that appears on this Site.
Except as expressly provided in this Agreement, you are not granted any rights or license to any intellectual property with respect to the "Eat Right, Move More, Feel Better/How I Stack Up" Site or its contents. Wellmark reserves all rights not expressly granted to you under the terms of this Agreement and Wellmark retains exclusive ownership of the Wellmark Site, the software used in connection with Wellmark and all intellectual property associated therewith, including the name "Wellmark," the Wellmark logos. Users who believe that user-posted content includes infringing materials should report it to Wellmark. Neither you or any representative of you may use the Blue Cross and Blue Shield names or logos for any purpose.
12. MODIFICATION TO SITE OR CONTENT
If we want to change the Site, our related services and functionalities, fees, payment structures, the terms of this Agreement, our selection of content, or the way we present content, we are free to do so at any time without any prior notice. Wellmark is a conduit for content you submit, and as such we have the right but not the obligation to screen or otherwise control any content posted on Wellmark.com. Wellmark retains the right, in its sole discretion, to refuse to post or remove any material submitted or posted on the Site for any reason, including if we believe it is in violation of this Agreement.
Notices to you regarding changes to the Site ad this Agreement may, but will not necessarily, be made via email, regular mail, links to notices on the Site, in a splash or other format upon the Site, depending on the character of message.
13. DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
Wellmark makes no representations about the suitability, reliability, availability, timeliness, or lack of viruses or other harmful components of this Site, its content (whether Wellmark or user-submitted content), or its features, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material and/or systems will be at your own risk, and Wellmark makes no warranties regarding any transactions entered into through the Site or any service. Wellmark also makes no representations regarding the amount of time that any content will be preserved.
14. ENTIRE AGREEMENT/NO PARTNERSHIP
This constitutes the entire agreement between you and Wellmark and governs your use of the Site and supersedes all prior or contemporaneous communications and proposals whether electronic, oral or written, between you and Wellmark with respect to the site and Giveaway. Both you and Wellmark acknowledge and agree that no partnership is formed and neither you nor Wellmark has the power or the authority to obligate or bind the other.
15. WAIVER
The failure of Wellmark to exercise or enforce any right or provision of the Official Rules shall not constitute a waiver of such right or provision.
16. LINKS TO THIRD-PARTY WEBSITES
This Site may hyperlink to sites not maintained or related to Wellmark. Hyperlinks are provided as a service to users and are not sponsored by or affiliated with this Site and Giveaway or Wellmark, and Wellmark makes no representations or warranties about the content, completeness, or accuracy of those third-party sites. Information you submit at a third-party site accessible from this Site is subject to the terms of that site's privacy policy, and Wellmark has no control over how your information is collected, used, or otherwise handled.
17. SOFTWARE DOWNLOADS AND EXPORT CONTROLS
Software that may be available in connection with this Site is further subject to United States export controls. No software may be downloaded from this Site or otherwise exported or re-exported in violation of United States export laws. Downloading or using the software is at your sole risk.
18. EXCUSE – ACT OF GOD
The failure of Wellmark to comply with the Official Rules because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of Wellmark, shall be excused.
Copyright © 2011 Wellmark, Inc. All rights reserved.
Wellmark Blue Cross Blue Shield. Like them on their facebook page and fill out the entry form for one of eight weekly prizes http://www.facebook.co
For Iowa and South Dakota
1. ELIGIBILITY
The Eat Right, Move More, Feel Better Giveaway(the "Giveaway") is offered by Wellmark Blue Cross Blue Shield ("Wellmark") to residents of Iowa and South Dakota. By "liking" the Wellmark Blue Cross and Blue Shield Facebook page, you are accessing the opportunity to enter the Giveaway, you accept sole responsibility for determining whether your participation is legal in any jurisdiction that applies to you. Participants must be of the age of the majority in their jurisdiction of residence and have an active email account and Internet access at the time of entry. By entering, you agree to these "Official Rules" and that the decisions of Wellmark are final and binding in all respects.
Void where prohibited or restricted by law.
Eligibility Restrictions:
The Giveaway is open to all residents living in Iowa and South Dakota who are at least 18 years of age or represented by a legal guardian. This Giveaway is subject to all applicable federal, state and local laws and regulation and is void where prohibited.
Employees and directors of Wellmark, its advertising and promotion agencies, its legal advisors, and the immediate family (parent, child, sibling and spouse of each) or members of the households of such employees and directors (those who have lived in the same household for at least three of the 12 months preceding the applicable Giveaway Period) are not eligible.
Finalists only need to provide mailing information if selected as a "Winner."
No purchase is necessary to enter any Giveaway.
Entrants must "Like" the Wellmark Blue Cross and Blue Shield Facebook page to be eligible for any Giveaways.
Entrants must provide an email address to be eligible to win a Giveaway.
Entrants must be willing to give full name, address, and phone number if selected as a "Winner."
2. GIVEAWAY PERIOD
Wellmark may have multiple Giveaways running simultaneously. Each Giveaway has an individual begin and end time, which will be shown on each Giveaway's separate page.
Eat Right, Move More, Feel Better Giveaway Period will begin on September 5, 2011 at 12:01 a.m. and close on October 29, 2011 at 11:59 p.m.
3. ENTRY
To enter the Giveaway, your computer must accept cookies, or any successor or similar technology, so that Wellmark is able to track your entries in the Giveaway.
Entrants may not enter with multiple emails and/or multiple identities nor may entrants use any automated entry mechanism or artifice to obtain more than the maximum number of entries. Any entrant who attempts to participate with multiple emails and/or multiple identities or uses any device or artifice to obtain more than the maximum number of entries will be disqualified.
How to Enter:
No purchase or payment necessary to enter or win. A purchase or payment will not improve your chances of winning. All federal, state, local, and municipal laws and regulations apply. Void where prohibited.
Qualified entrants shall "like" the Wellmark Facebook page, submit a valid email address and name.
All entries received that are mutilated, tampered with, illegible, or from ineligible entrants will be void. All entries become the property of the Giveaway sponsors and will not be acknowledged or returned.
Prizes:
Eight (8) prizes: One (1) "Eat Right, Move More, Feel Better Giveaway" Prize pack will be given away each week beginning September 12, 2011. Prize pack includes:Hy-Vee Gift Card
Resistance Band
Exercise Body Ball
Jump Rope
iPod Shuffle
B. Each winner accepts the Prize "As Is." If the Winner(s) does not respond within 4 days of selection specified by the Giveaway Rules, the Winner may be disqualified and an alternate Winner may be selected.
Prizes are not transferable.
Winners will be posted on the Facebook and Twitter pages. All prizes will be distributed after verification of winning status. All potential Winners are subject to verification at Wellmark's sole discretion. No assignment, transfer or substitution of any prize is permitted. By accepting a prize, Giveaway Winners agree that their name shall exclusively be used for promotional purposes at Wellmark's sole discretion in any and all media now known or hereinafter developed without territorial or time limitations. Limit one Prize per household.
Taxes on prizes are the sole responsibility of the Winner.
Elimination
Any false information provided within the context of the Giveaway by any participant concerning identity, mailing address, telephone number, email address, non-compliance with these Official Rules or the like may result in the immediate elimination of the participant from the Giveaway. The Giveaway Sponsors further reserve the right to disqualify any entry that it believes in its sole discretion infringes upon or violates the rights of any third party, otherwise does not comply with these Official Rules, or violates U.S. or applicable state or local law.
4. WINNER SELECTION
Winner(s) will be selected via random.org. The "Winner" will be contacted via the email address they provided. The Winner has 4 days to respond. If the "Winner" has not responded within 4 days another Winner will be selected via random.org.
The Winner each week will be notified via email and their names will be mentioned of Wellmark Blue Cross and Blue Shield's Facebook and Twitter accounts.
Anyone can enter; however, only one entry per email address is allowed.
5. GENERAL CONDITIONS
Wellmark reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Giveaway or the Website; to be in violation of the Website Terms and Conditions; to be acting in violation of these Official Rules; to be acting in a unethical or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person, as determined by Wellmark at its sole discretion.
If for any reason this Giveaway is not capable of being conducted as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which, in the sole opinion of Wellmark, corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Giveaway, Wellmark reserves the right to cancel, terminate, modify or suspend the Giveaway. If the Giveaway is terminated due to tampering or technical difficulties prior to its expiration date, notice will be posted on Wellmark's website at http://www.wellmark.co
ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, WELLMARK RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM THOSE RESPONSIBLE TO THE FULLEST EXTENT PERMITTED BY LAW.
6. LIMITATIONS OF LIABILITY
WELLMARK IS NOT RESPONSIBLE FOR LATE, LOST, ILLEGIBLE, MISDIRECTED ENTRIES, AND WELLMARK DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, SYSTEM INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ITS WEBSITES. WELLMARK IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR TELEPHONE LINES, COMPUTER ON-LINE SYSTEMS, SERVERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY E-MAIL OR ENTRY TO BE RECEIVED BY WELLMARK ON ACCOUNT OF TECHNICAL PROBLEMS, HUMAN ERROR OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE, OR ANY COMBINATION THEREOF.
WELLMARK IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CAPTURE OF INFORMATION OR THE FAILURE TO CAPTURE SUCH INFORMATION, WHETHER CAUSED BY WEBSITE USERS, TAMPERING OR HACKING, OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE GIVEAWAY. WELLMARK IS NOT RESPONSIBLE FOR INJURY OR DAMAGE TO PARTICIPANTS' OR TO ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING IN THIS GIVEAWAY OR DOWNLOADING MATERIALS FROM OR USE OF THE WEBSITE.
IN NO EVENT WILL WELLMARK, ITS DISTRIBUTORS, AFFILIATES, SUBSIDIARIES, VENDORS, ADVERTISING AGENCIES AND PROMOTION AGENCIES AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES OR 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 PARTICIPATION IN THIS GIVEAWAY, ACCESS TO AND USE OF THE WEBSITE OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE WEBSITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE AND IN THIS GIVEAWAY IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE 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 YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
7. DISPUTE RESOLUTION
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or your rights and obligations, Wellmark's rights and obligations in connection with this Giveaway, shall be governed by, and construed in accordance with, the laws of the state of Iowa, U.S.A., without giving effect to the conflict of laws rules thereof, and you agree to the jurisdiction and venue of the federal, state and local courts in Des Moines, Iowa for any disputes relating to the Giveaway or these Official Rules.
In the event of a dispute as to the identity of any Winner based on an email address, the winning entry will be declared made by the authorized account holder of the email address submitted at time of entry. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, on-line service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
8. WINNERS LIST
The names of the Finalists and Winners will also be posted on the Contest Website.
9. WELLMARK INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS
You acknowledge and agree that the materials available on the Site, including art work, graphics, photographs, images, screen shots, text, music, digitally downloadable files, video clips, trademarks, logos, product and character names, slogans, the software used in connection with the Site, and any compilations of the foregoing ("Wellmark Content") contain proprietary and confidential information that is the property of Wellmark and its licensors, and is protected by applicable U.S. and international intellectual property and other laws. Third-party content, including site user-posted content (including graphics, video clips, images, trademarks, trade names, characters), trademarks and copyrights is the property of the third parties that market or license that content, and is used by Wellmark subject to license, or subject to the fair use provisions of U.S. copyright or trademark law or such use is made permissible under other applicable law.
Unless expressly authorized in this Agreement or otherwise by Wellmark, you agree not to download, display, use, modify, rent, lease, loan, sell, distribute or create derivative works of the Wellmark Content in whole or in part, in any publications, in public performances, on websites other than this site, for any commercial purpose, in connection with products or services that are not those of Wellmark, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Wellmark and/or its licensors, that dilutes the strength of Wellmark's or its licensor's property, or that otherwise infringes Wellmark's or its licensor's intellectual property rights. You further agree to in no other way misuse any content which you do not own that appears on this Site.
Except as expressly provided in this Agreement, you are not granted any rights or license to any intellectual property with respect to the "Eat Right, Move More, Feel Better/How I Stack Up" Site or its contents. Wellmark reserves all rights not expressly granted to you under the terms of this Agreement and Wellmark retains exclusive ownership of the Wellmark Site, the software used in connection with Wellmark and all intellectual property associated therewith, including the name "Wellmark," the Wellmark logos. Users who believe that user-posted content includes infringing materials should report it to Wellmark. Neither you or any representative of you may use the Blue Cross and Blue Shield names or logos for any purpose.
12. MODIFICATION TO SITE OR CONTENT
If we want to change the Site, our related services and functionalities, fees, payment structures, the terms of this Agreement, our selection of content, or the way we present content, we are free to do so at any time without any prior notice. Wellmark is a conduit for content you submit, and as such we have the right but not the obligation to screen or otherwise control any content posted on Wellmark.com. Wellmark retains the right, in its sole discretion, to refuse to post or remove any material submitted or posted on the Site for any reason, including if we believe it is in violation of this Agreement.
Notices to you regarding changes to the Site ad this Agreement may, but will not necessarily, be made via email, regular mail, links to notices on the Site, in a splash or other format upon the Site, depending on the character of message.
13. DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
Wellmark makes no representations about the suitability, reliability, availability, timeliness, or lack of viruses or other harmful components of this Site, its content (whether Wellmark or user-submitted content), or its features, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material and/or systems will be at your own risk, and Wellmark makes no warranties regarding any transactions entered into through the Site or any service. Wellmark also makes no representations regarding the amount of time that any content will be preserved.
14. ENTIRE AGREEMENT/NO PARTNERSHIP
This constitutes the entire agreement between you and Wellmark and governs your use of the Site and supersedes all prior or contemporaneous communications and proposals whether electronic, oral or written, between you and Wellmark with respect to the site and Giveaway. Both you and Wellmark acknowledge and agree that no partnership is formed and neither you nor Wellmark has the power or the authority to obligate or bind the other.
15. WAIVER
The failure of Wellmark to exercise or enforce any right or provision of the Official Rules shall not constitute a waiver of such right or provision.
16. LINKS TO THIRD-PARTY WEBSITES
This Site may hyperlink to sites not maintained or related to Wellmark. Hyperlinks are provided as a service to users and are not sponsored by or affiliated with this Site and Giveaway or Wellmark, and Wellmark makes no representations or warranties about the content, completeness, or accuracy of those third-party sites. Information you submit at a third-party site accessible from this Site is subject to the terms of that site's privacy policy, and Wellmark has no control over how your information is collected, used, or otherwise handled.
17. SOFTWARE DOWNLOADS AND EXPORT CONTROLS
Software that may be available in connection with this Site is further subject to United States export controls. No software may be downloaded from this Site or otherwise exported or re-exported in violation of United States export laws. Downloading or using the software is at your sole risk.
18. EXCUSE – ACT OF GOD
The failure of Wellmark to comply with the Official Rules because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of Wellmark, shall be excused.
Copyright © 2011 Wellmark, Inc. All rights reserved.
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