THE CAPTION CHALLENGE
1. Eligibility: The contest (“The Caption Challenge”) is open to all individuals 18 years and older who subscribe to Hearing Health magazine via print (in the U.S.) or online (outside of the U.S.). Nonsubscribers are not be eligible for participation and any submission from a nonsubscriber will not be considered. To subscribe to the free quarterly, visit hhf.org/subscribe.
2. Agreement to Rules: By participating in The Caption Challenge, the Contestant (“You”) agree to be fully unconditionally bound by these Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of Hearing Health Foundation (HHF) as final.
3. Contest Period: Entries will be accepted online starting January 4, 2019, at 12 PM ET and ending March 1, 2019, at 5:00 PM ET.
4. How to Enter: Participants may only enter online using the online form provided at hhf.org/challenge, where they must submit:
An original photo or screenshot of a captioning error.
An explanation of the mistake (if known): Tell us what the caption should have said.
First and last name
City and state
The entry must fulfill all contest requirements, as specified, to be eligible for recognition in the Spring 2019 issue of Hearing Health magazine. Entries that are incomplete, contain offensive or inappropriate language or innuendo, or otherwise violate the Rules may be disqualified at the sole discretion of HHF. You may enter up to 10 submissions, using a new form for each entry. You must provide the information requested. If You use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion of HHF.
5. Recognition of Winners: HHF will choose and feature the best submissions in the Spring 2019 issue of Hearing Health magazine and online. No cash or other prize substitution shall be permitted. The prize is nontransferable. Acceptance of prize constitutes permission for HHF to use Winner’s first name, city of residence, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
6. Odds: The odds of winning depend on the number of eligible entries received. There is no limit to the number of submissions during the Contest Period.
7. Winner Selection and Notification: Winners will be selected through votes by HHF staff and leadership. Winners will be notified by email by April 12, 2019. HHF shall have no liability for Winners’ failure to receive notices due to spam, junk e-mail, or other security settings or for Winners’ provision of incorrect or otherwise nonfunctioning contact information.
8. Rights Granted by You: By entering your photo, You understand and agree that HHF and anyone acting on behalf of HHF shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Contest, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes, without any further compensation, notice, review, or consent. By entering this content, You represent and warrant that your entry is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another, You will be disqualified at the sole discretion of HHF. If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, You shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless HHF from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which HHF may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
9. Terms & Conditions: HHF reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Contest should a virus, bug, nonauthorized human intervention, fraud, or other cause beyond HHF’s control corrupt or affect the administration, security, fairness, or proper conduct of the Contest. In such case, HHF may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by HHF. HHF reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Contest or website or violates these Terms & Conditions. HHF has the right, in its sole discretion, to maintain the integrity of the Contest, to void votes for any reason, including, but not limited to: the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Contest may be a violation of criminal and civil laws. Should such attempt be made, HHF reserves the right to seek damages to the fullest extent permitted by law.
10. Limitation of Liability: By entering, You agree to release and hold harmless HHF and its constituents, grantees, partners, volunteers, employees, officers, and advertisers from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the Contest and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error in the administration of the Promotion or the processing of entries.
11. Disputes: This Contest is governed by the laws of the United States. As a condition of participating in this Contest, participant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Contest, shall be resolved individually, without resort to any form of class action, exclusively before a court located in New York state having jurisdiction. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e., costs associated with entering this Contest). Participant further waives all rights to have damages multiplied or increased.