DO GOOD HEROES AWARD OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
National Life Insurance Company, principally located in Montpelier, VT and Addison, TX and includes National Life Holding Company and each of its direct and indirect subsidiaries, including National Life Holding Company, National Life Insurance Company and Life Insurance Company of the Southwest (“Sponsor”) is pleased to introduce the Do Good Heroes Award (“Do Good Heroes” or the “Contest”) where individuals (“Nominators”) can nominate a state, county, municipal or not-for-profit police or Fire-Rescue-EMS organization or members thereof (“Nominee”) for the opportunity to win cash prizes in one of the Sponsor’s four (4) award categories (each an “Award Category,” collectively, the “Award Categories”). The Award Categories are comprised of: Police Grand Prize Award, Fire-Rescue-EMS Grand Prize Award, Monthly $500 Prize, and Monthly $1,000 Prize (as described in Section 7). Nominators and Nominees will be collectively referred to as Participants (“Participants”). Winning and receiving a Prize (as defined in Section 7) is contingent upon fulfilling all requirements set forth herein.
As a condition of participating in the Contest, you agree to be fully and unconditionally bound by these Official Rules and the decisions of Sponsor, whose decisions shall be final and binding in all respects, and to waive any right to claim ambiguity in the Contest, these Official Rules, Contest materials, information contained on Sponsor’s website, available at www.DoGoodHeroes.net (the “Site”), the Contest entry submission form, available on the Site (“Submission Form”), or information contained on any other websites or advertising materials where the Contest may be promoted. Sponsor reserves the right to modify the Official Rules as posted on the Site, and you shall be deemed to have received notification of such modified Official Rules and accepted such modified Official Rules by virtue of your continued participation in the Contest. The Contest is subject to applicable federal, state, and local laws and regulations and is VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
1. SOCIAL NETWORKING SITE DISCLAIMER
As a condition of participating in the Contest, you agree and acknowledge that YouTube, LLC, Meta Platforms Inc., , TikTok, Inc., X (f/k/a Twitter), and YouTube, Inc. and its owners directors, officers, employees, contractors, agents, representatives, parents, subsidiaries, attorneys, insurers, and associated entities (collectively, the “Social Media Group”) are not sponsors of the Contest nor do they endorse or administer the Contest, nor are they in any way associated with the Contest. All questions regarding the Contest must be directed to Sponsor, not the Social Media Group. You also agree that as a condition of participating in the Contest, you shall release the Social Media Group from any and all liability arising out of or relating to your entry, creation of an entry or submission of an entry, participation in the Contest, acceptance, use, or misuse of any Prize, or the broadcast, exploitation, or use of an entry.
2. DO GOOD HEROES ELIGIBILITY REQUIREMENTS
Nominators must be contracted agents of National Life Distribution, LLC. For a Nominee to be eligible for the Contest they must satisfy the following requirements:
A. Award Eligibility Requirements
There are four (4) award categories:
1. Police Grand Prize Award
2. Fire-Rescue-EMS Grand Prize Award
3. Monthly $500 Prize
4. Monthly $1,000 Prize
Department Nominees must be state, county, municipal or not-for-profit police or Fire-Rescue-EMS organizations or members thereof. Individual Nominees must (i) be at least eighteen (18) years of age at the time of entry; (ii) be legal residents one of the fifty (50) United States or the District of Colombia; (iii) not be a person barred from participation in the Contest under the laws of the United States or any state; and (iv) at all times abide by these Official Rules.
Potential Nominees may be asked to provide documentation verifying eligibility. For the purposes of this Contest, only state, municipal or not-for-profit police or Fire-Rescue-EMS organizations or members thereof in the United States are eligible.
Directors, officers, employees, contractors, agents or representatives of Sponsor, and/or their affiliate companies, and their suppliers are not eligible to be nominated as a Nominee in the Contest, however, they may nominate a non-employee, including a family member as long as they meet the other eligibility requirements.
3. CONTEST ENTRY PERIOD
The Contest has a rolling entry period for monthly prizes and a closing date of December 31 of the subject year, for the Police Grand Prize Award and Fire-Rescue-EMS Grand Prize Award. Eastern Time (“ET”) shall control for all purposes of the Contest. Sponsor’s computer shall be the official clock for purposes of the Contest.
A. Police Grand Prize Award and Fire-Rescue-EMS Grand Prize Award
The entry period for the Police Grand Prize Award and Fire-Rescue-EMS Grand Prize Award (as defined in Section 7) begins on January 1 of the subject year, at 12:00:00 a.m. ET and ends on December 31 of the subject year , at 11:59:59 p.m. ET (“Police Grand Prize Award and Fire-Rescue-EMS Grand Prize Award Contest Entry Period”).
B. Monthly $500 Prize and Monthly $1,000 Prize
The entry period for the Contest for the Monthly $500 Prize and Monthly $1,000 Prize (as defined in Section 7) opens on the first day of each month and closes on the last day of each month. Prize recipients will be chosen from the entire pool of nominations for the applicable month (the “Monthly Prize Award Contest Entry Period”).
The Police Grand Prize Award and Fire-Rescue-EMS Grand Prize Award Contest Entry Period and the Monthly Prize Award Contest Entry Period will collectively be referred to as the Contest Entry Period (“Contest Entry Period”).
4. HOW TO ENTER THE DO GOOD HEROES CONTEST NO PURCHASE NECESSARY TO ENTER. Nominators may nominate up to three (3) Nominees for the Contest per year. Upon receiving one (1) nomination, a Nominee will automatically be entered to win in all eligible Award Categories they qualify for. A nomination can be made as follows:
Submission Form Method of Entry
A Nominator must go to www.DoGoodHeroes.net, select “nominate” and complete the online entry form, which will include, at a minimum, the following information:
1. Nominated Department Name: _____
2. Nominated Department City: _____ State: ___
3. Name of an individual who deserves special recognition for their community work: _____
4. Example of how the department or individual serves the community beyond their public safety duty: (open text field)
5. If you have any links to news media stories about the community service activities, please paste them here: (open text field)
6. If you have any photos featuring the activities, please upload them here: (upload function)
7. Department chief or public relations officer name: _____
8. Department non-emergency phone number: _____
9. Department website address and/or social media accounts: (open text field)
10. Nominator Name: _____
11. Nominator email address: _____
12. Nominator phone number: _____
13. As an agent of National Life Distribution, LLC what is your agency name? _____
14. As an agent of National Life Distribution, LLC, what is your mailing address? _____
15. Nominator City: _____ State: ___
Upon successful completion of the entry process, an entry for the Nominee will be entered into the Contest (individually, an “Entry,” collectively, the “Entries”). Once a nomination is made a profile will be created for the Nominee (“Profile”) which will be publicly accessible on Sponsor’s website. The public will be allowed to view the Nominee’s Profile and leave comments to show their support for a Nominee. In the event a Nominator does not submit a photo of the Nominee, Sponsor will send an email to the Nominee to give them the option to submit a photo of themselves.
Any form of nomination or method of submission other than those described herein is void. Sponsor also reserves the right to void all nominations for any Nominator that tries to nominate beyond the specified limit at its sole and absolute discretion. A Nominator may not nominate the same individual more than once for the Contest in the same year. A Nominee may be nominated more than once provided each nomination is submitted by a different Nominator. However, a Nominee will still only have one (1) Profile.
5. CONTENT REQUIREMENTS AND RESTRICTIONS FOR SUBMISSIONS
Written Submissions via Online Submission Forms have no character or word limit. Written Submissions must be typed directly onto the text box provided in the Online Submission form.
To be eligible for review, each Submission also must meet the following content/technical requirements:
i. Must include a statement describing how the Nominee is serving their community;
ii. All content of each Submission must be the Nominator's original design and creation or, to the extent that pre-existing material is incorporated into the Submission, contain only material that does not infringe on any third-party rights;
iii. Conform to all applicable licensing and use terms;
iv. Not contain any third-party promotion marketing or advertising in any form or of any kind;
v. Not be obscene, indecent, violent, hateful, libelous or contain other offensive or inappropriate content, explicitly or by innuendo, as determined in Sponsor's sole and absolute discretion; and
vi. Not violate or be prohibited by applicable law or regulation.
Submissions may NOT contain the following, and Sponsor, in its sole and absolute discretion, may disqualify and/or remove any Submission that:
Contains obscene, indecent, hateful, or other offensive or inappropriate content, including, but not limited to, nudity, pornography or profanity;
Contains trademarks, logos, or trade dress, without express written consent of the rights holder(s) or a reasonably apparent lawful basis for Nominator’s use(s);
Promotes use of alcohol, illegal drugs or tobacco;
Promotes a particular political agenda;
.Defames, misrepresents or contains disparaging remarks, including but not limited to, words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation or socioeconomic group, about other people or companies;
Threatens any person, place, business, group or nation;
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) either without express written consent of the rights holder(s) or a reasonably apparent lawful basis for Nominator’s use(s);
Invades privacy or other rights of any person, firm or entity;
Contains materials embodying the names, likenesses, voices, or other indicia identifying any person (other than a member of Nominator’s family or community for whom Nominator has received written consent) including, without limitation, celebrities and/or other public or private figures, living or dead either without express written consent of the rights holder(s) or a reasonably apparent lawful basis for Nominator’s use(s);
Contains look-alikes of celebrities or other public or private figures, living or dead either without express written consent of the rights holder(s) or a reasonably apparent lawful basis for Nominator’s use(s);
Communicates messages or images inconsistent with the positive images and/or good will to which Sponsor’s wishes to associate;
If, in the sole good faith opinion of Sponsor, the Nominee would disparage or impair the Sponsor’s reputation in any way;
Violates the rules or regulations of any employer the Nominator is subject to; and/or
In any other way violates applicable laws and regulations.
By entering a Submission, Nominator represents and warrants that he or she has obtained the express written consent of the Nominee and that, to the best of the Nominator’s knowledge and belief, the actions of the Nominee as represented in the Submission are truthful and accurate. Nominator understands and agrees that Sponsor or its designee may require Nominator to substantiate such consent and/or the truth of the Nominee’s actions and if Nominator fails to comply with this requirement (or if Sponsor and/or its designee determine in their sole and absolute discretion that the materials submitted by Nominator fail to serve as adequate substantiation), the Submission will be deemed void. Participants also understand and agree that Submissions may be formatted, edited, or otherwise converted in order to be viewable on the www.DoGoodHeroes.net page and for potential advertising and promotional use.
Sponsor reserves the right to review Submissions for content; however, such review does not relieve Nominator from responsibility for compliance with these Official Rules. Submissions that do not comply with these Official Rules or that otherwise contain prohibited or inappropriate content as determined by the Sponsor, in its sole and absolute discretion, may be disqualified and not be considered for a Prize. Sponsor makes the final determination as to which Submissions are eligible to take part in the Contest and be considered for a Prize. Sponsor reserves the right to refuse any Submission for any reason at any given point in time in its sole and absolute discretion. All such decisions of Sponsor are final.
By entering a Submission, each Nominator warrants that Nominator’s right to enter the Submission. In addition, if the Submission includes collaborative contributions from multiple individuals, Nominator warrants that they have the right to include such contributions in the Submission, in accordance with the provisions of these Official Rules and then Nominator may be required to provide, if requested, a legal release for use of such elements, in a form satisfactory to Sponsor and such the Sponsor may use elements, in whole or in part, and any modification thereof, in any and all media not known or hereinafter developed without territorial, time or any other limitations.
NOMINATOR GRANTS TO SPONSOR (INCLUDING SPONSOR’S AFFILIATES AND SUBSIDIARIES, EMPLOYEES, AGENTS, AND CONTRACTORS), ANY TESTING PARTNERS, AND COMMITTEE AN IRREVOCABLE, ROYALTY FREE, FULLY PAID UP, WORLDWIDE, NON-EXCLUSIVE LICENSE TO USE, REVIEW, ASSESS, TEST, ALTER, DISTRIBUTE AND OTHERWISE ANALYZE ITS ENTRY AND/ OR SUBMISSION IN CONNECTION WITH THIS CONTEST AND ANY FUTURE PROMOTION. NOMINATOR UNDERSTANDS THAT IT WILL NOT RECEIVE ANY COMPENSATION OR CREDIT FOR USE OF ITS ENTRY AND/OR SUBMISSION, OTHER THAN WHAT IS DESCRIBED IN THESE OFFICIAL RULES.
6. JUDGING/WINNER SELECTION
Potential winners for the various Award Categories in the Do Good Heroes Contest will be selected as follows:
A. Police Grand Prize Award and Fire-Rescue-EMS Grand Prize Award Judging
After the close of the Police Grand Prize Award and Fire-Rescue-EMS Grand Prize Award Contest Entry Period, on December 31, of the subject year all eligible Nominees for the Police Grand Prize Award and Fire-Rescue-EMS Grand Prize Award and their corresponding Entry materials submitted by the Nominator will be reviewed, considered and evaluated by the Sponsor based on how strongly a Nominee meets the following criteria:
Nominee must make a positive impact on their communities through community-based actions;
Nominee must enhance their community’s atmosphere, culture and pride;
Nominee must demonstrate exemplary leadership in the community;
Nominee must possess a proven record of service excellence; and
Nominee must adhere to the highest moral and ethical standards.
(collectively, the “Criteria”). In addition to the Criteria, consideration will also be given by Sponsor to diversity in selecting Nominees (“Contest Finalists”) to ensure a diverse pool of Contest Finalists.
Only nominees who won monthly $500 Prize or monthly $1,000 prize during the program year will be eligible for their respective Police Grand Prize Award or Fire-Rescue-EMS Grand Prize Award.
Three (3) Contest Finalists for the Police Grand Prize Award and three (3) Contest Finalists for the Fire-Rescue-EMS Grand Prize Award will be chosen by the Sponsor pursuant to the above-mentioned Criteria. The Contest Finalists will move on to be reviewed by a panel of police and Fire-Rescue-EMS personnel and Sponsor representatives (“Committee”). Committee members volunteer their time and receive no compensation. The Committee will consider the Contest Finalists pursuant to the above-mentioned Criteria. Each Committee member will review the Contest Finalists independently and rank them. Sponsor will then compile the rank order list from each Committee member and take the average scores of each in order to determine the final ranking of the Nominees as well as list of alternates.
Subject to eligibility verification and compliance with these Official Rules, the Police Grand Prize will be awarded to one Police and one Fire-Rescue-EMS Grand Prize will be awarded to one Fire-Rescue-EMS Nominee based on ranking. All Nominees will be judged by the Committee and Sponsor based on the Criteria, as applicable, and all determinations shall be made at the Sponsor’s and Committee’s reasonable discretion and, as to matters of subjectivity, Sponsor’s and the Committee’s sole and absolute discretion.
B. Monthly $500 Prize and Monthly $1,000 Prize Judging
i. Nominee must make a positive impact on their communities through community-based actions;
ii. Nominee must enhance their community’s atmosphere, culture and pride;
iii. Nominee must demonstrate exemplary leadership in the community;
iv. Nominee must possess a proven record of service excellence; and
v. Nominee must adhere to the highest moral and ethical standards.
On or near the first day of each month, , all eligible Nominees for the Monthly $500 Prize and Monthly $1,000 Prize and their corresponding Entry materials submitted by the Nominator will be reviewed, considered, and evaluated by the Sponsor based on how strongly a Nominee meets the following criteria:
(collectively, the “Monthly Criteria”). In addition to the Monthly Criteria, consideration will also be given by Sponsor to diversity in selecting Nominees to ensure a diverse pool of winners.
All Nominees entered during the program year will be eligible for the Monthly $500 Prize or Monthly $1,000 Prize each month.
Four (4) Nominees will be selected each month, except September and October for the Monthly $500 Prize and one (1) will be selected for the Monthly $1,000 Prize.
7. PRIZES
Potential winners as determined by Sponsor and/or Committee, as applicable, for the various award categories in the Contest will be awarded the following prizes:
A. Police Grand Prize Award and Fire-Rescue-EMS Grand Prize Award
The Police Grand Prize Award and Fire-Rescue-EMS Grand Prize Award will be based of the top ranked Police Department or Individual and top ranked Fire-Rescue-EMS Department or Individual Nominees as selected by the Committee. The potential winners of the Police Grand Prize Award and Fire-Rescue-EMS Grand Prize Award will win as follows: subject to verification and Sponsor’s discretion, the highest ranked police department or individual and highest ranked Fire-Rescue-EMS department or individual will each win five thousand dollars ($5,000). Each a “Grand Prize.” As set forth in more detail below, if the winner is an individual the Grand Prize will be issued as a donation to a 501(c)(3) nonprofit of the winner’s choosing. If the winner is a department, the department may elect to retain the prize money or designate a 501(c)(3) of its choice to receive the prize money.
B. Monthly $500 Prize and Monthly $1,000 Prize a. Subject to verification and Sponsor’s discretion, each month, up to four (4) Nominees from the entire pool of nominations will each win five hundred dollars ($500) (“Monthly $500 Prize”).
b. Subject to verification and Sponsor’s discretion, each month, one (1) Nominee from the entire pool of nominations will win one thousand dollars ($1,000) (“Monthly $1,000 Prize”). As set forth in more detail below, if the winner is an individual the Grand Prize will be issued as a donation to a 501(c)(3) nonprofit of the winner’s choosing. If the winner is a department, the department may elect to retain the prize money or designate a 501(c)(3) of its choice to receive the prize money.
All prizes described in this section are collectively referred to as the “Prizes.” The total approximate retail value (“ARV”) of the Prizes is forty six thousand dollars ($46,000) for each program year. The ARV is a reasonable estimate based on the time these Official Rules were drafted.
8. WINNER NOTIFICATION AND VERIFICATION
Winners in the Contest are only potential winners, subject to notification, verification and acceptance of such Prizes. Potential winners will be notified according to the following schedule:
One (1) Police Grand Prize Award winner will be notified by September 30 of the applicable program year.
One (1) Fire-Rescue-EMS Grand Prize Award winner will be notified by September 30 of the applicable program year.
Monthly $500 Prize winners and Monthly $1,000 Prize winners will be notified within 60 days of the month following their selection.
The potential winners may be notified by representatives of the Sponsor surprising the potential winner at the facility in which they work as stated on the Entry submission (“Winning Event”). In order to coordinate this event, Sponsor reserves the right to contact a Nominee’s department to arrange for the Winning Event. Sponsor is not responsible if the Winning Event is delayed, postponed or cancelled for any reason. If for any means, such method of notification is not feasible, Sponsor reserves the right to notify the potential winners in other means at the Sponsor’s sole discretion. However, in such event, Sponsor shall still award the Prize donation to the Prize winner(s)’ departments or individuals.
If the notification is returned as undeliverable or a potential winner is otherwise unreachable for any reason after sixty (60) days, Sponsor may select an alternate potential prize winner, at Sponsor’s discretion. If there is a dispute as to who the potential winner is, Sponsor will consider the potential winner to be the authorized account holder of the email address listed for the Nominee in the Entry materials.
Potential winners may, at the option of the Sponsor, also be required to complete a background check and sign an Affidavit of Eligibility and Liability Release, and, where legal, a Publicity Release. If the potential winners do not complete the required forms as instructed and/or return the required forms within fourteen (14) days, Sponsor may disqualify the potential winners and select alternate potential winners, at Sponsor’s discretion. In the event: (A) a potential winner cannot be reached for whatever reason after a reasonable effort has been exerted; (B) a potential winner declines or cannot accept, receive or use the Prize for any reason; (C) of noncompliance with the above or within any of the aforesaid time periods; (D) a potential winner is found to be ineligible to enter the Contest or receive the Prize; (E) a potential winner cannot or does not comply with the Official Rules; or (F) a potential winner fails to fulfill the required forms obligations, such potential winner shall be disqualified from the Contest and an alternate potential winner may be selected, at Sponsor's sole discretion, even if the disqualified potential winner’s name has been publicly announced.
If the Sponsor or Committee decides to select an alternate potential winner for the Police Grand Prize Award or Fire-Rescue-EMS Grand Prize Award, the alternate will be determined by the Committee’s ranking system as
described in Section 6 above. In such case of an alternate potential winner for the Police Grand Prize Award and Fire-Rescue-EMS Grand Prize Award being selected, all ranked Nominees of the Police Grand Prize Award and Fire-Rescue-EMS Grand Prize Award will move up one ranked spot and may be eligible for a new Prize as described in Section 7 above. Sponsor and Committee retains the right to repeat this process until an alternate potential winner complies with the verification of eligibility requirements. If the Sponsor decides to select an alternate potential Prize winner for the Police Grand Prize Award and Fire-Rescue-EMS Grand Prize Award, the alternate will be determined by the Sponsor, at its sole discretion. Sponsor retains the right to repeat this process until an alternate potential winner complies with the verification of eligibility requirements. Sponsor also reserves the right to modify the notification and required documentation procedures in connection with the selection of an alternate potential winner, if any.
A POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY SPONSOR. SPONSOR’S DECISIONS AS TO THE ADMINISTRATION AND OPERATION OF THE CONTEST, ANY CHANGES TO THESE OFFICIAL RULES, AND THE SELECTION OF A POTENTIAL WINNER IS FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST.
9. PRIZE RESTRICTIONS
All Prizes won will be delivered via check to the 501(c)(3) organization of the winners’ choice or department (as applicable) which will be delivered at the Sponsor’s discretion upon winning the Contest and adhering to all eligibility requirements. No more than the number of Prizes stated in these Official Rules will be awarded. All Prizes are awarded AS IS and WITHOUT WARRANTY OF ANY KIND, express or implied, (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose) by Sponsor. Limit one (1) Prize per person and per household. No transfer or substitution for a Prize will be made, except that the Sponsor, at its sole discretion, may substitute a Prize (or component of a Prize) of equal or greater value in the event the above Prizes are unavailable for any reason. Any depiction of the Prize, in Contest materials or otherwise, is for illustrative purposes only.
ALL FEDERAL, STATE AND LOCAL TAXES ARE THE SOLE RESPONSIBILITY OF THE PRIZE WINNERS. ANY REQUIRED TAX REPORTING FORMS WILL BE FURNISHED TO THE APPROPRIATE TAX AUTHORITIES. THE PRIZES ARE AWARDED AS IS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS MAY NOT ALLOW (OR MAY LIMIT) DISCLAIMERS OF CERTAIN WARRANTIES, IN WHICH CASE THE FOREGOING DISCLAIMERS WILL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
10. ODDS OF WINNING
The odds of winning will depend on the number of eligible Nominees entered during the applicable Contest Entry Period and the quality of the Nominees submitted as applicable.
11. REPRESENTATIONS
By participating, each Nominator submitting an Entry represents and warrants that: (A) the Nominee and the Entries fully comply with all eligibility requirements and all other provisions of these Official Rules; (B) in preparing the Entries and entering and participating in the Contest, the Nominator has complied and will comply in all respects with all applicable laws, regulations, and rules (including any applicable rules and policies of the Nominees academic institution) and has not violated nor will violate any agreement or understanding by which it is bound, including any confidentiality, employment, consulting, intellectual property assignment, or license agreement; (C) the Submission consists entirely of Nominator's own original work or of work to which Nominator has all necessary rights (whether by virtue of ownership of such rights or having received the express written consent of the creator to use such work); and (D) neither the Submission nor the duplication, use, display, performance, or distribution of the Submission will infringe or misappropriate any intellectual property or other proprietary rights of any person or entity.
12. GENERAL CONDITIONS
By participating, each Participant agrees, when applicable: (A) to abide by these Official Rules, and the decisions of Sponsor and the Committee in all respects relating to this Contest, which shall be final and binding; (B) to furnish Sponsor with executed copies of any documents required by Sponsor in order to be confirmed as a Prize Winner, including without limitation, an Affidavit of Eligibility/Liability/Publicity Release, the written consent of any other individual who appears in the Submission (and their parent or legal guardian, if such person is a minor) and any other written permissions, as set forth above; (C) to release and discharge the Sponsor and its affiliate companies, and their respective parent companies, subsidiaries, affiliates, Prize suppliers, and Sponsor’s advertising, promotion, media, public relations and judges and all their affiliates, and each of their respective agents, representatives, officers, managers, directors, members, shareholders and employees (collectively, the “Released Parties”) from any and all injuries, liability, losses and damages of any kind to persons including, without limitation, death, or property resulting, in whole or in part, directly or indirectly, from Participants participation in the Contest or any Contest-related activity or the acceptance, possession, use or misuse of a Prize (or portion thereof); (D) to grant Publicity Rights as described in Section 15; and (E) to defend, indemnify and hold harmless each of the Released Parties from and against any and all claims or actions arising out of or in connection with Participants participation in the Contest, any breach of representation made by Participants in connection with the Contest, and the exercise by Sponsor or its designees of any of the rights granted by Participants in these Official Rules. By participating, each Participant further agrees, Sponsor and its designees will have complete discretion over interpretation of the Official Rules, the administration of the Contest and the selection of the potential winners.
13. LIMITATIONS OF LIABILITY
To the maximum extent permitted by law, Released Parties expressly disclaim any and all warranties or conditions of any kind (whether express, implied, statutory or otherwise), including but not limited to, implied warranties or conditions of merchantability, fitness for a particular purpose and non-infringement. Released Parties shall not be liable or responsible for those guarantees, warranties or conditions made or offered by advertisers, partners, manufacturers or suppliers, including those relating to the Prizes. Under no circumstances shall Released Parties be held responsible or liable for a participant’s use of the information and/or products provided and/or made available through the Contest or for errors or anomalies resulting in the unintended or erroneous participation, award of Contest Prize or other benefits under the Contest to participants.
Released Parties offer no assurances, guarantees, warranties or conditions that the Contest or Contest websites will be uninterrupted or error-free and does not guarantee the accuracy or reliability of any information obtained through the Contest. Released Parties are not responsible for: (A) stolen, lost, late, misdirected, damaged, undeliverable or incomplete, inaccurate, delayed, illegible Entries due to technical, computer, mechanical, printing, typographical, human or other errors relating to or in connection with the Contest, including, without limitation, errors which may occur in connection with the administration of the Contest, the transmission of Entries, notification or correspondence, the processing of Entries, the announcement of the Prize or in any Contest related materials; (B) technical failures of any kind; (C) failures of any of the equipment or programming associated with or utilized in the Contest; (D) unauthorized human and/or mechanical intervention in any part of the entry process or the Contest; (E) technical or human error that may occur in the administration of the Contest, the sending of Entries or the processing of Entries; or (F) any injury or damage to persons (including death) or property that may be caused, directly or indirectly, in whole or in part, from Nominator's participation in the Contest or receipt or use of any Prize. If for any reason a Nominator's Entry is confirmed to have been erroneously deleted, lost or otherwise destroyed, corrupted or for any other reason not accepted as an Entry into the Contest, Nominator's sole remedy is to submit another Entry in the Contest. Sponsor may rescind any Contest Entry found to contain such errors or failures without liability at its sole discretion.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, RELEASED PARTIES WILL NOT BE LIABLE, AND ARE NOT RESPONSIBLE, FOR DAMAGES OF ANY KIND RELATED TO A PARTICIPANT’S PREPARATION, PARTICIPATION OR INABILITY TO PARTICIPATE IN THE CONTEST, WHETHER THE DAMAGES ARE DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL. FURTHER, BY PARTICIPATING IN THE CONTEST AND/OR
ACCEPTING A CONTEST PRIZE, A PARTICIPANT AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, RELEASED PARTIES SHALL NOT BE LIABLE FOR, AND WILL BE HELD HARMLESS BY PARTICIPANT AGAINST ANY LIABILITY FOR ANY DAMAGE, INJURY OR LOSS TO PERSON (INCLUDING DEATH) OR PROPERTY DUE IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, TO ACCEPTANCE, POSSESSION, USE OR MISUSE OF A CONTEST PRIZE, PARTICIPATION IN ANY CONTEST PRIZE-RELATED ACTIVITY, USE OF ANY TENDERED ENTRY OR OTHER RIGHTS GRANTED HEREIN OR PARTICIPATION IN THIS CONTEST. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, IN WHICH CASE THE RELEASED PARTIES’ LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
If, in the Sponsor's opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Contest, or if computer virus, bugs, unauthorized intervention, fraud, or technical difficulties or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Contest, the Sponsor reserves the right at its sole discretion to disqualify any individual who tampers with the entry process and/or void any Entries submitted fraudulently, to modify or suspend the Contest, or to terminate the Contest. In the event that the Contest is cancelled or postponed for any reason whatsoever, the ARV of the Prizes will be awarded to the extent required by law.
ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY DAMAGE SPONSOR’S SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK CIVIL AND/OR CRIMINAL PROSECUTION AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH NOMINATOR TO THE FULLEST EXTENT OF THE LAW.
14. GOVERNING LAW AND DISPUTES
A. Preliminary Dispute Resolution
By entering into the Contest, Participants agree to work with Sponsor in good faith to resolve any dispute, controversy, disagreement or claim (“Dispute”) arising out of or relating to these Official Rules or participation in the Contest before escalating the Dispute to litigation, as addressed below. A Participant must give Sponsor an opportunity to resolve the Dispute by sending written notification to LawDept@nationallife.com with the subject line “DISPUTE” or mailing National Life, One National Life Drive, Montpelier, VT 05604 Attn: Law Department. The written notification of Dispute must include (A) A Participants name, (B) address, (C) a written description of Dispute, and (D) a description of the specific relief sought. If Sponsor does not resolve the Dispute within 60 days after receipt of written notification, a Participant may pursue a dispute in litigation as set forth below.
B. Litigation
By participating in the Contest, a Participant further agree that any and all Disputes not resolved as part of the preliminary dispute resolution process arising out of or connected with this Contest or the Prizes shall: (A) be resolved individually without resort to any form of class action; (B) be resolved exclusively by the United States District Court or the appropriate Texas State Court located in Dallas, TX; (C) 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 will in no event include attorneys’ fees; and (D) under no circumstances will Nominator 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 punitive, incidental or consequential damages, in which case the liability of Sponsor and the Released Parties will be limited to the maximum extent permitted by law. 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 Contest, shall be governed by, and construed in accordance with, the laws of the
State of Texas without giving effect to any choice of law or conflict of law rules (whether of the State of Texas or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Texas.
15. PUBLICITY RELEASE AND USE OF PERSONAL INFORMATION
Except where prohibited by law, by participating in this Contest and/or accepting a Prize, Participants grant Sponsor and its designees the right to use their name, photograph, likeness, statements, biographical information, testimonials, personal story, voice, address, and other identifying information for any and all commercial purposes of the Sponsor, including, without limitation, advertising and promotional purposes for this and similar promotions, worldwide, and in perpetuity, in any and all forms of media, now known or hereafter devised without additional compensation, review or approval rights, notification or permission.
By entering the Contest, Participants acknowledge they will be sharing their personal information with Sponsor. In addition, by entering, Participants agree to Sponsor's use of Participants' personal information as described in its respective Privacy Policy. Please refer to Sponsor's Privacy Policy, available at https://www.nationallife.com/Non-Newsroom-Contents/NATIONAL-LIFE-GROUP-PRIVACY-POLICY-TERMS-OF-USE--LEGAL-INFORMATION for important information regarding our collection, use and disclosure of personal information. Sponsor is not responsible for disclosures made by any third party.
BY ENTERING THIS CONTEST, PARTICIPANT ACKNOWLEDGES AND AGREES, WHEN APPLICABLE THAT THE PARTICIPANTS HAVE READ AND CONSENT TO SPONSOR’S PRIVACY POLICY. PARTICIPANTS FURTHER ACKNOWLEDGE THAT A PARTICIPANT’S PERSONAL IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, PLACING YOUR NAME ON A WINNERS’ LIST.
16. EXTENDED MEANINGS; CURRENCY; FORCE MAJEURE
Unless otherwise specified in these Official Rules, words importing the singular include the plural and vice versa and words importing gender include all genders. All dollar amounts referred to in these Official Rules are in lawful money of the United States of America. The Released Parties are not responsible for any damages caused by delay or failure to perform undertakings pursuant to these Official Rules when the delay or failure is due to weather, event cancellations, fires, strikes, floods, pandemics, acts of God or the state’s enemies, lawful acts of public authorities, delays or defaults caused by common carriers, or other events that cannot reasonably be foreseen or provided against.
17. OFFICIAL RULES AND WINNERS’ LIST
A complete copy of these Official Rules can be obtained by sending a self-addressed, stamped envelope to the offices of National Life, One National Life Drive, Montpelier, VT 05604: Attn: Corporate Communications or emailing a request to communications@nationallife.com. To obtain the names of the Prize Winners, any person may mail a self-addressed, stamped envelope to the offices of National Life, One National Life Drive, Montpelier, VT 05604, Attn: Winners’ List. The Winners’ List will be available after June 30 of the subject year and requests must be received no later than six (6) months after that date.
18. SEVERABILITY/WAIVER
The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. The Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision.
19. SPONSOR
The Sponsor of the Do Good Heroes Competition is National Life Insurance Company, One National Life Drive, Montpelier, VT 05604.