Veterinary Economics Practice Manager of the Year Program Terms And Conditions

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Nov 01, 2013
By dvm360.com staff
Untitled Document

ELIGIBILITY: The Veterinary Economics Practice Manager of the Year Program (“Program”) is open only to legal residents of the fifty (50) United States or the District of Columbia (“Territory”), who are at least 18 years of age or older and the manager of a veterinary hospital located within the Territory (each, a “Nominee”).   Nominations will be accepted from individuals, age 18 or older, who are legal residents of the Territory (“Nominator”). Employees of Veterinary Pet Insurance Company (“Sponsor”), Advanstar Communications, Inc. (“Host”), and their respective parent companies, subsidiaries, affiliates, vendors, advertising and promotion agencies, or any other individual or company involved in the development or execution of the Program (collectively, the “Promotion Parties”), and members of their immediate families (parent, child, sibling and their respective spouses, regardless of where they reside) and same households, whether or not related, are not eligible to submit a Nomination (as defined below), be nominated or win.  Nominators and Nominees may be referred to herein individually and collectively as “Participants”.  Participants are responsible for complying with any company/employer policies associated with participating in programs of this nature.

PROGRAM NOMINATION DATES:  The Program begins at 9 A.M. Eastern Time (“ET”) on November 1, 2013 and ends at 11:59 P.M. ET on April 1, 2014 (“Nomination Period”).

HOW TO SUBMIT A NOMINATION: Visit www.dvm360.com/PMOY (“Website”) and follow all onscreen instructions to complete and submit the Nomination Form. A Nominator should obtain permission from the Nominee prior to submitting the Nomination on behalf of Nominee and to grant the rights set forth herein. Nominator must be willing, upon request of the Host, to confirm such permission in writing in a form acceptable to Host.  All Nominations submitted become property of the Sponsor and will not be returned or acknowledged. 

NOMINATION SUBMISISON GUIDELINES: There is no limit on the number of Nominations someone can submit or receive; however, a Nominee is only allowed to advance beyond Round 1 once. In the event more than one Nomination for any Nominee is deemed in the top three (as described more fully in the Judging section below), only the Nomination with the highest score will advance to Round 2. Incomplete Nominations are not eligible and will not be judged. Nominations (i) must be original work and solely written by Nominator and Nominator must have an unrestricted right to submit the material, (ii) must not have been previously published or have won any other awards and (iii) must not defame or violate the right of any third party, living or deceased, or entity, including without limitation publicity or any privacy rights.

Any Nominator whose work includes elements not owned by Nominator, including without limitation, quotes and copyrighted and trademarked materials, is responsible for obtaining, prior to submission of the Nomination, any and all releases and consents necessary to permit the use and exhibition of the Nomination by Sponsor and Host in the manner set forth in these Terms and Conditions. Sponsor and Host reserve the right to request proof of these permissions in a form acceptable to Host from any Nominator at any time. Failure to provide such proof may, if requested, render Nomination null and void. 

Nominations may not include profanity, sexually explicit or suggestive content, or content that (i) is violent or derogatory of any ethnic, racial, gender, religious, professional, or age group, or otherwise inappropriate content, as determined by the judges and/or Sponsor in their sole discretion, (ii) defames, misrepresents or contains disparaging remarks about Promotion Parties or their respective products or services, or other people or companies; (iii) contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, without permission, to the extent permission is necessary; (iv) contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media), without permission, to the extent permission is necessary; (v) contains materials embodying the names, likenesses, voices, or other indicia identifying any person, as well as addresses, email addresses and licenses plates, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission; (vi) contains look-alikes of celebrities or other public or private figures, living or dead; (vii) communicates messages or images inconsistent with the positive images and/or good will with which Sponsor wishes to associate; and/or (viii) violates any law. Sponsor and Host reserve the right at their sole discretion to disqualify any Nomination that it believes fails to comply with any provision of these Terms and Conditions. Modifying, enhancing or altering a third party’s pre-existing work does not qualify as Nominee’s own original work.  By entering, Sponsor and Host reserve the right to disqualify any Participant (or Award Recipient(s)) for failing to execute any required paperwork or who engages in any activity which offends the public morals, embarrasses Sponsor, Host or who violates the law of any jurisdiction. Nominations will not be acknowledged.  Decisions of Sponsor and Host and their agents on any and all matters pertaining to the Program shall be final and binding.

By submitting a Nomination, Nominator represents that the Nomination conforms to these Terms and Conditions and understands that Sponsor, in its sole discretion, may disqualify the Nomination for any reason, including if it determines, in its sole discretion, that the Nomination fails to conform to these Terms and Conditions in any way or otherwise contains unacceptable content as determined by Sponsor, in its sole discretion.

GRANT OF RIGHTS: By submitting a Nomination, Participant hereby grants permission for the Nomination to be posted on the Website if determined to be a Finalist (as described below) as well as websites of the Promotion Parties and their respective social media pages and otherwise used in accordance with the rights granted herein. By submitting a Nomination, Participant agrees and hereby grants to Sponsor and its successors, licensees and assigns an unlimited, perpetual, irrevocable, assignable, royalty-free, fully paid-up license to reproduce, distribute, perform, create derivative works of, edit, alter, display, exhibit, combine with other materials, exploit and otherwise use the Nomination, and all elements embodied therein, including the names and likenesses of any person embodied therein, in any manner and in any and all media now known or hereafter devised throughout the universe for any purpose whatsoever, including, without limitation, for commercial purposes, without compensation or notification to, or permission from, Participant or any third party and hereby waives any moral rights in the Nomination. 

Without limiting the generality of the foregoing, Participant agrees that the Released Parties (as defined below) are not responsible for any unauthorized use of Nominations by third parties and that the Released Parties will have no obligation to make any use whatsoever of the Nomination and they may cease using any Nomination for any reason or for no reason at any time in their sole discretion.

JUDGING:  ROUND 1: All eligible Nominations received will be judged by Host personnel (collectively “Initial Judges”) using the following equally weighted judging criteria: leadership and decision-making (10 points), team motivation and management (10 points), lifelong learning (10 points), and adapting to change (10 points). Additional points are possible for those who submit bonus material relating to the nominee (5 points for the first item submitted, 5 points for the second item submitted, no additional points for third and more items submitted): a blog, a video, an audio clip and/or photos on the dvm360 Community. For eligibility for bonus points, materials must include “PMOY” in the title or description on the dvm360 Community and must include the name of the nominee in the title or description. In the event of a tie in any part of the judging or in any category, an additional “tie-breaking” judge will determine the applicable winner based on the applicable criteria listed herein (collectively, the “Judging Criteria”).  The top ten (10) Nominees will advance to Round 2 as “Finalists” (subject to verification of eligibility and compliance with these Terms and Conditions).  ROUND 2: Finalists will be judged by a second judging panel comprised of qualified industry professional judges to determine the Award Recipient.  In the event of a tie in either round, the Nomination (from among the tied Nominations), an additional tie-breaking judge will determine the Finalist(s) or Award Recipient (as applicable) using the Judging Criteria.  Sponsor reserves the right to select fewer Finalists or not select an Award Recipient if, in its sole discretion, it does not receive any eligible and qualified Nominations.  Any award will be provided to the Nominee and not the Nominator.

FINALIST NOTIFICATION: Each Finalist (only the Nominee) will be notified by mail, telephone and/or email and announced at CVC Washington, D.C. in May 2014.  Finalists are not required to attend this conference. Potential Finalists may be required to execute, notarize and return an Affidavit of Eligibility & Release of Liability and a Publicity Release and a W-9 Miscellaneous Form ("Notification Documents") so they are received by Host within five (5) days of date printed on notification or such Finalist may be disqualified and the Nomination with the next highest score will be declared the alternate Finalist. If a Finalist cannot be contacted within a reasonable time period, does not respond within the specified time period in the initial notification, cannot continue in the Program for any reason, has not complied with these Terms and Conditions, has failed to execute and return all or a portion of the Notification Documents within the specified time period, has made false statements or a notification is returned as undeliverable, such Finalist will be disqualified and, time permitting and at Sponsor’s sole discretion, the Nomination with the next highest score may be declared the alternate Finalist.  At the discretion of Host, each potential Finalist will be required to submit to a background check of any and all records of potential Finalist, including, without limitation, civil and criminal court records and police reports, and entry in the Program constitutes potential Finalist’s permission for Sponsor to conduct such background check, provided that, to the extent additional authorization is necessary under law, potential Finalist shall authorize such background check. Sponsor reserves the right, at its sole discretion, to disqualify any potential Finalist who fails to authorize such check or if, based on the results of the background check, Sponsor and Host determine in their sole discretion that such potential Finalist might reflect negatively on Sponsor, Host or the Program.

PUBLICITY GRANT: Winning constitutes permission (except where prohibited by law) to use each Finalist’s (including the Finalist that is determined the Award Recipient) name, Nomination, hometown, likeness, award won (if Nominee), statements and photograph (all at Host’s discretion) for future advertising, publicity in any and all media (including online posting) now or hereafter devised throughout the world in perpetuity, in any manner, without additional compensation or notification to, or permission from Finalist.

AWARD RECIPIENT NOTIFICATION: The Finalist who is determined to be the Award Recipient will be notified by email, telephone and/or mail prior to August 2014 and announced at CVC Kansas City in August 2014.

AWARD: Award Recipient will receive the following: (i) travel, accommodations and the registration fee for a practice manager to attend the full CVC Kansas City in August 2014 at which he/she will be announced as the Award Recipient, (ii) a $100 check for expenses, and (iii) he/she will be invited to serve on either the editorial board for Veterinary Economics or Firstline for the period of one year.  All details of travel and accommodations will be determined by Host, in its sole discretion.  Award Recipient must be able to attend convention and travel on dates determined by Host.  Exact details of editorial board duties will be determined by Sponsor and Host, in their sole discretion, and will be provided to Award Recipient at time of notification. Award Recipient is responsible for all federal, state and local taxes as well as all costs and expenses associated with award acceptance and use not specified by Sponsor or Host as being provided.  Award is provided “as is” with no warranty or guarantee, either express or implied.  Award cannot be transferable and must be accepted as awarded.  Award Recipient may not request cash or other substitution; however, the Sponsor and Host reserve the right to substitute an award (or portion thereof) with another award of comparable or greater value, in its sole discretion.

RELEASE OF LIABILITY: By entering this Program, Participants agree to these Terms and Conditions and release Promotion Parties and their respective employees, officers, representatives, shareholders, directors and agents of each (collectively “Released Parties”), from all liability, claims or actions of any kind whatsoever, including injuries and claims of infringement from any third party for any use by any Release Party of any Nominations submitted by Participants, damages or losses of any kind to persons and/or property which may be sustained in connection with either directly or indirectly, the awarding, receipt, ownership, use or misuse of any award or participation in the Program. Released Parties are not responsible if Program cannot take place or if any award cannot be awarded due to cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism.

GENERAL: Released Parties are not responsible for problems uploading or downloading any Program related information from the Website or for any other technical malfunctions of electronic equipment, computer online systems, servers, or providers, computer hardware or software failures, phone lines, failure of any Nomination to be received by Host on account of technical problems, traffic, congestion on the internet or the Website, or any other technical problems related to Nominations including telecommunication miscommunication or failure, and failed, lost, delayed, incomplete, garbled or misdirected communications which may limit a Participant’s ability to participate in this Program or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Program, including, without limitation, errors or difficulties which may occur in connection with the administration of the Program, the processing or judging of Nominations,  the announcement of the awards, the incorrect uploading of the Nomination or in any Program-related materials.  Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Program.  Released Parties are not responsible for injury or damage to any person's computer related to or resulting from participating in this Program or downloading materials from or use of the website.  Persons who tamper with or abuse any aspect of the Program or website, who act in an unsportsmanlike or disruptive manner or who are in violation of these Terms and Conditions, as solely determined by Sponsor, will be disqualified and all associated Nominations will be void. Mass Nominations or Nominations generated by a script, robot, macro or use of automated devices or any other means that subverts the entry process will be disqualified. Sponsor and Host reserve the right to modify, suspend or terminate the Program in the event it becomes infected by a computer virus or is otherwise technically impaired, and to cancel or suspend the Program in its entirety should tampering, unauthorized intervention, fraud, technical failures or other causes corrupt the administration, security, fairness or integrity of the Program. CAUTION: Any attempt by an individual to deliberately damage any website or undermine the legitimate operations of the Program is a violation of criminal and civil laws. Should such an attempt be made, the Sponsor and Host reserve the right to seek damages (including attorneys’ fees) and other legal remedies from any such individual to the fullest extent permitted by law and, if applicable, to disqualify such Participant from the Program.

Disputes: Participant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Program, or any awards provided, other than those concerning the administration of the Program or the determination of Award Recipients, shall be resolved individually, without resort to any form of class action; (b) any and all disputes, claims and causes of action arising out of or connected with this Program, or any awards awarded, shall be resolved exclusively by the United States District Court or the appropriate New York State Court; (c) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Program, and in no event will participant be permitted to obtain attorneys’ fees or other legal costs; and (d) under no circumstances will 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Participant and Sponsor in connection with the Program, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.

Personal Information: Information collected from Participants is subject to Host’s Privacy Policy, available at www.dvm360.com, and will be used by Host in accordance with its privacy policy.