1. ALL FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
The Comeback Athlete of the Year Award contest (the "Contest") is open to Georgia residents, between the ages of 8 and 21 who have received treatment and been discharged from a Children’s Healthcare of Atlanta hospital, i.e., Egleston, Hughes Spalding and Scottish Rite, or a department thereof ("Children’s" or "Sponsor"). The nominee must have participated in organized sports (school, club, etc.) in the past and missed some portion of a season due to injury, illness or physical limitations. The athlete must have received treatment for the injury, illness or physical limitation at Children’s and returned to athletic participation (i.e., the athlete has made a “comeback”) (each a "Comeback Athlete"). Employees of Sponsor and each of their respective affiliated companies, subsidiaries, advertising or promotional agencies, and other agents, and the immediate family members of, and any persons domiciled with such employees, are not eligible to enter the Contest. In the event of any dispute or ambiguity regarding the eligibility of any entrant, Sponsor reserves the right to determine, in its sole discretion, whether the entrant satisfies the eligibility requirements and overall spirit of the Contest. In the event that there is any ambiguity in the rules or the application of the rules to any given participant’s circumstances, Sponsor reserves the right to make eligibility determinations in its sole discretion.
The Contest begins at 12:01 AM E.S.T. on September 1, 2012 and all entries must be received by 11:59 PM on May 2, 2013 (the “Contest Period”). One athlete per month will be selected as "Comeback Athlete of the Month" beginning in October 2012 through May 2013. In June 2013, the "Comeback Athlete of the Year" will be chosen from the eight Athletes of the Month as described below. Registration and entry are free to everyone eligible to enter.
Internet Entry: Enter or nominate an athlete by visiting the Contest's official registration page at choa.org/comeback and completing all of the required information and following all instructions. Submit your entry or nomination by clicking on the “Submit” button. If you are submitting an entry for a child under 13 years of age, you represent and warrant to Sponsor that you are the child's parent or legal guardian and are authorized to submit such child's information. Your computer must accept cookies, or any successor or similar technology, which may be used for the purpose of entry tracking.
By entering, you agree to receive e-mails from Sponsor or those directed by Sponsor. You can opt-out of the receipt of such e-mails by following the directions on the Contest website or in any email received from Sponsor.
In the event of a dispute, all online entries will be deemed to have been submitted by the owner of the email account from which they were sent. For these purposes, an email account holder shall mean the natural person assigned to such email account by the Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with such email account. All entries (including, without limitation, any photographs) become the property of Sponsor and none will be returned. Any questions regarding the number of entries submitted or the owner of an email account shall be determined by Sponsor in its sole discretion, and Sponsor reserves the right to disqualify any entries by persons determined to be tampering with or abusing any aspect of the Contest.
4. How it Works.
Throughout the period of September 1, 2012 through May 2, 2013, members from the public shall have the right to nominate Comeback Athletes who are between the ages of 8 and 21 and have received treatment from Children’s. There are a total of 35 weeks for such nominations. Nomination forms are available at choa.org/comeback. As nomination forms are submitted on a rolling basis throughout this period, forms are reviewed and voted on by a panel consisting of coaches, allied health professionals and physicians at Children’s (the "Judges"). All of the Judges on the judging panel have significant sports and/or medical experience. The Eight Comeback Athletes of the Month will each be selected based on a composite score using the following objective criteria (“Judging Criteria”): (1) severity of the injury, illness or physical limitation, 50%, and (2) magnitude of the athletic accomplishment, 50%. The Judges will collectively select the winners based on the Judging Criteria. In the event of a tie, the tied entries will be re-submitted to the Judges for a re-judging between the tied entries alone based on the Judging Criteria.
5. Prizes and Odds.
Nine prizes will be awarded as follows:
*Eight Children’s Comeback Athletes of the Month, which shall be entered by Internet nominations, shall be selected by the Judges based on the Judging Criteria. The Children's Comeback Athlete of the Month shall receive a Children's athletic t-shirt (approximate retail value of $30). Children's partner, Yoforia, will also donate a yogurt party with a free cup of yogurt (approximate retail value of $4) for the Children's Comeback Athlete of the Month and his or her teammates (not to exceed 20 people).
*One Children’s Sports Medicine Comeback Athlete of the Year will be selected as the Grand Prize Winner from the pool of 8 Comeback Student Athletes of the Month by public voting on the Children's Facebook Page (facebook.com/childrensatl). Voting will commence on or about June 1, 2013 and shall continue through June 15, 2013. The Children’s Comeback Athlete of the Year will receive a commemorative plaque and a donation of five hundred dollars ($500) shall be made in the Athlete's name to the Athlete's sports team or sports league/organization for the support sports related activities for that organization (the "Grand Prize"). Odds of winning depend on the total number of valid entries received by Sponsor.
6. Winner Notification and Acceptance.
The Comeback Athlete of the Year will be announced on Sponsor's website at choa.org and Sponsor's Facebook and Twitter accounts. The winners will be notified via phone call.
If the Comeback Athlete of the Year is unable to accept his or her prize for any reason, the Grand Prize will then be awarded to the runner-up as determined by the online vote. The winner will forfeit the Grand Prize if he or she does not have written parental approval.
If a winner does not claim his/her prize by August 15, 2013 after notification from Sponsor, the winner will forfeit his/her prize. No more than the advertised number of prizes will be awarded.
Sponsor is not affiliated with Facebook or Yoforia in any way. Unless otherwise required by law, all taxes are the sole responsibility of each winner. Expenses not specifically stated in the prize package outlined above are the sole responsibility of the winner.
Winners may waive their right to receive prizes. Prizes are nonassignable and nontransferable. No substitutions allowed, except that prizes and individual components of prize packages are subject to availability and Sponsor reserves the right to substitute prizes of equal or greater value. Winners are solely responsible for reporting and payment of any taxes on prizes. Winners will be required to complete an affidavit of eligibility, and a liability and publicity release (except where prohibited by law) which must be returned within ten (10) days of date of postmark. Failure to sign and return the affidavit or release within ten (10) days, or to comply with any term or condition of these Official Rules, may result in a winner’s disqualification, the forfeiture of his or her interest in the prize, and the award of the prize to an alternate winner. Prizes won by minors will be awarded to the winner's parent or legal guardian who must sign any affidavit or release required by Sponsor. Except where prohibited, participation in the Contest constitutes entrant’s consent to the publication of his or her name, biographical information and likeness in any media for any commercial or promotional purpose, without limitation or further compensation.
7. Participation and Right to Cancel or Suspend Contest.
By participating, entrants agree to be bound by these Official Rules and the decisions of the Judges. Sponsor reserves the right to disqualify persons found tampering with or otherwise abusing any aspect of this Contest as solely determined by Sponsor. In the event the Contest is compromised by a virus, non-authorized human intervention, tampering or other causes beyond the reasonable control of Sponsor which corrupts or impairs the administration, security, fairness or proper operation of the Contest, Sponsor reserves the right in its sole discretion to suspend, modify or terminate the Contest. Should the Contest be terminated prior to the stated expiration date, Sponsor reserves the right to award prizes based on the entries received before the termination date.
8. Copyright and Publicity.
By entering the Contest and where permitted by applicable law, all entrants grant an irrevocable, perpetual, worldwide, royalty-free, fully paid-up, non-exclusive license to Authorized Parties (as defined below), to publish, print, edit, reproduce, distribute, use, display and create derivative works of the entries throughout the world in perpetuity in connection with the Contest and promotion of the Contest, in any media now or hereafter known, including, but not limited to: display at a potential exhibition of winners; publication in print or online highlighting entries or winners of the Contest. Display or publication of any entry on an Authorized Party’s website or Facebook page does not indicate the entrant will be selected as a winner. Unless otherwise required by law, Authorized Parties will not be required to pay any additional consideration or seek any additional approval in connection with such use. Additionally, by entering and if permitted by law, each entrant grants to Authorized Parties the unrestricted right to use all statements made in connection with the Contest, and names, likenesses, photographs, voices, opinions and/or hometowns and states of Contest entrants, or choose not to do so, at their sole discretion. Unless otherwise required by law, Authorized Parties will not be required to pay any additional consideration or seek any additional approval in connection with such use. Each contestant further agrees that if his/her entry is selected by Sponsor as the winning entry, he/she will sign any additional license or release that Sponsor may require.
9. Limitations of Liability.
All entrants acknowledge that this Contest is in no way sponsored, endorsed or administered by, or associated with Facebook and all information provided by entrants is provided to Sponsor, not to Facebook. By entering this Contest, all entrants agree to release, discharge, defend, indemnify and hold harmless Sponsor and its partners, affiliates, subsidiaries, advertising agencies, agents, Facebook and their employees, officers, directors, and representatives (the "Authorized Parties") from any claims, losses, lawsuits, liabilities, expenses and damages arising out of or related to their participation in this Contest or any Contest-related activities and the acceptance and use, misuse, or possession of any prize awarded hereunder.
Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, or delay in operation or transmission; communications line failure; theft or destruction of or unauthorized access to Contest entries or entry forms; or alteration of entries or entry forms. Sponsor is not responsible for any problems with or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email entry to be received on account of technical problems or traffic congestion on the Internet or at any website, human errors of any kind, or any combination thereof, including any injury or damage to entrants' or any other persons' computers related to or resulting from participation, uploading or downloading of any materials related to in this Contest.
Each Contest entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prize awarded, other than those concerning the administration of the Contest or the determination of winner, shall be resolved individually, without resort to any form of class action, and each entrant waives his or her right to a jury trial for such; (ii) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved exclusively in the Georgia; (iii) 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 (iv) UNDER NO CIRCUMSTANCES WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT 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. Certain restrictions may apply. Entries void if the entries are illegible, incomplete, damaged, irregular, altered, counterfeit, produced in error or obtained through fraud or theft.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any contestant and Sponsor, shall be governed by, and construed in accordance with the laws of the State of Georgia without giving effect to any choice of law or conflict of law rules or provisions (whether of Georgia, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than Georgia. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. If any such provision is determined to be invalid or otherwise unenforceable, these rules shall be construed in accordance with their terms as if the valid or enforceable provision was not contained therein.
12. General Release.
By entering the Contest, contestants release the Authorized Parties from any liability whatsoever for any claims, costs, injuries, losses or damages of any kind arising out of or in connection with the Contest or with the acceptance, possession or use of any prize (including, without limitation, claims, costs, injuries, losses or damages related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light).
13. Winners List
For the name of the winners, after August 15, 2013 visit choa.org, where such results will be listed for no more than sixty (60) days.
The Contest is sponsored by Children’s Healthcare of Atlanta, whose decisions regarding the selection of winners and all other aspects of the Contest shall be final and binding in all respects. Sponsor will not be responsible for typographical, printing or other inadvertent errors in these Official Rules or in other materials relating to the Contest. If you have any questions regarding this Contest, please contact Children’s Healthcare of Atlanta at 404-785-7588.