Picture My IBS

Rules and Terms

  1. Eligibility: The Contest is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry. ENTRANTS MUST NOT BE ENROLLED IN MEDICARE, MEDICAID, OR OTHER FEDERAL OR STATE HEALTHCARE PROGRAMS, AND MUST CERTIFY THE SAME PRIOR TO BEING NAMED A FINALIST OR WINNER. The Contest is void where prohibited. Employees, directors, officers and representatives of the Sponsors (as defined below) and the Administrator (as defined below), and each of their respective parents, affiliates and subsidiaries, and any advertising, promotion or other agencies or persons involved in the design, development or execution of the Contest, as well as the immediate family (spouse, parents, siblings and children) and household members of all such persons, are not eligible to enter. Certified or practicing healthcare professionals are not eligible to enter. A “healthcare professional” is any person who is authorized to prescribe, dispense, or purchase Allergan and Ironwood products, or who is in a position to influence the use of, recommend, or facilitate access to Allergan and Ironwood products. The Contest is subject to all applicable federal, state and local laws and regulations, and is void where prohibited or restricted by law or regulation. Participation in the Contest constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsors’ and Administrator’s decisions, which are final and binding in all matters related to the Contest. Eligibility for winning a prize is contingent upon entrant fulfilling all requirements set forth herein.
  2. Sponsors: The sponsors of the Contest are Allergan USA, Inc., a subsidiary of Allergan plc with an office at Harborside Financial Center; Plaza V, Suite 1900; Jersey City, NJ 07302; Ironwood Pharmaceuticals, Inc. with a principal office at 301 Binney Street, Cambridge, MA 02142; and the American College of Gastroenterology (collectively, the “Sponsors”). The Administrator of the Contest is Lippe Taylor (the “Administrator”).
  3. Timing: The Contest begins at 12:01 a.m. U.S. Eastern Time ("ET") on November 2, 2016 and ends at 11:59 p.m. ET on April 28, 2017 (the “Contest Period”). All entries must be received (not postmarked) by 11:59 p.m. ET on February 28, 2017 (the “Entry Deadline”). Any entries received after the Entry Deadline shall not be considered. The timeliness of entries submitted online will be determined solely by the time the entry is received by the Administrator, as established and shown by the computer network of the Administrator, which is the official time-keeping system for this Contest. The timeliness of entries submitted by mail or courier will be determined solely by the actual date of receipt of such entries by Administrator, as established by Administrator’s internal mail processing practices.
  4. How to Enter: NO PURCHASE OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE OR IMPROVE YOUR CHANCE OF WINNING. To enter the Contest, you must submit an Original Artwork (as defined below) and accompanying Identifying Information (as defined below). There are three (3) methods of submitting your Original Artwork and Identifying Information. Online Method of Submission: You may submit your Original Artwork and provide the required Identifying Information by completing the online submission form available at PictureMyIBS.org and uploading and submitting your entry through the online submission form at any time during the Contest Period. Mail Method of Submission: You may submit your Original Artwork, together with the required Identifying Information, by U.S. mail, addressed to: Picture My IBS Contest
    c/o Lippe Taylor
    215 Park Avenue South, 16th Floor
    New York, NY 10003
    at any time during the Contest Period. Postage shall be the sole responsibility of the entrant. Neither Sponsors nor Administrator will accept any materials for which postage is due. Courier Method of Submission: You may submit your Original Artwork, together with the required Identifying Information, by courier service, such as UPS or Federal Express, addressed to: Picture My IBS Contest
    c/o Lippe Taylor
    215 Park Avenue South, 16th Floor
    New York, NY 10003
    at any time during the Contest Period. Courier or other delivery fees shall be the sole responsibility of the entrant. Neither Sponsors nor Administrator will accept any materials for which any courier or other fees are due. Only one entry per person or e-mail address is permitted, regardless of the method of submission used. Entries may be submitted using any of the permitted methods of submission, but should be submitted using only one of the permitted methods. Submission of duplicate entries may result in the disqualification of such entries at the discretion of the Administrator. Use of any automated system other than the permitted online submission system to participate is prohibited and will result in disqualification. Neither Sponsors nor Administrator will be responsible for lost, late, incomplete, invalid, unintelligible or misdirected submissions, which will be disqualified. In the event of a dispute as to ownership of any entry or the identification of any entrant, the authorized account holder of the e-mail address used to register will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an e-mail address by an Internet access provider, online service provider, Internet service provider or other organization responsible for assigning e-mail addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder.
  5. Submissions: Qualifying submissions must consist of an Original Artwork and accompanying Identifying Information. An “Original Artwork,” for purposes of these Rules, must be an original, unpublished, visual artistic, pictorial, or graphic work that depicts one of the following: (1) the impact that symptoms of IBS have on patients’ lives; (2) the process of obtaining an IBS diagnosis; (3) the emotions involved in the management of IBS symptoms; and/or (4) other experiences as it relates to a patient living with IBS. Photographs and videos are not eligible. Each Original Artwork must have a title. Submission of the Original Artwork by the entrant constitutes a representation by the entrant that the work is original and was created by the entrant. The required “Identifying Information” consists of the title of the Original Artwork and the entrant’s first and last name, mailing address (including street or Post Office Box address), e-mail address, telephone number, gender and birth date or year. Administrator represents and warrants that all Identifying Information will be collected, maintained, stored and transferred in accordance with any and all applicable state and federal privacy and data security laws, including (to the extent applicable) the federal Health Insurance Portability and Accountability Act of 1996. A submission may be, but need not be, accompanied by a written statement of not more than one hundred (100) words (a “Written Statement”). All submissions made using the Mail Method of Submission must be no larger than twelve (12) by fourteen (14) inches, must not exceed one-quarter (1/4) inch in thickness, must not include a mat, border, frame or protective covering of any kind, and must be suitable for reproduction in electronic format. Neither an Original Artwork nor a Written Statement should include any depiction of or information identifying a specific individual. No submitted materials may include or contain: (a) any derogatory, offensive, threatening, defamatory, disparaging, or libelous content; (b) any content that is inappropriate, indecent, sexual, profane, tortious, slanderous, discriminatory in any way, that promotes hatred or harm against any group or person, or that otherwise does not comply with the theme and spirit of the Contest; (c) any content that is unlawful or otherwise in violation of or contrary to any applicable federal, state, or local laws or regulations, including the laws or regulations in the state, city, county or other jurisdiction in which the materials are created; (d) any content, material or element that displays any third-party product name, advertising, slogan, logo, trademark, service mark or company, institution or entity name, that indicates sponsorship or endorsement by a third party or entity, or that is not within the spirit of the Contest, as determined by Sponsors, in their sole discretion; (e) any content, material or element that is owned by a third party or entity, violates a third party's publicity, privacy or intellectual property rights, or is the subject of any actual or threatened litigation or claim; or (f) communicates messages or images inconsistent with the positive images and/or goodwill with which the Sponsors wish to associate. Submissions may be drawn in any medium and may include cut-outs, collages, and other elements affixed to a backing, as long as all other requirements of these Rules are met. All entrants must have a valid e mail address and must be a U.S. citizen or a legal resident of the United States. Except for the eligibility requirements set forth in Section 1 of these Rules, there are no other requirements, health, medical or otherwise, for entry. Failure to comply with these Rules, as determined by Sponsors and Administrator in their sole discretion, is grounds for automatic disqualification from the Contest.
  6. Requirements for Submissions: By entering the Contest and submitting an Original Artwork and/or Written Statement (the “Submission Materials”), each entrant represents and warrants that the Submission Materials are original, were created by the entrant, and have not previously been published, displayed publicly, submitted in any other contest or competition, or won any awards of any kind; that the entrant has the right to grant to Sponsors and Administrator all of the rights in and to the Submission Materials required by these Rules; and that the Submission Materials do not contain content that constitutes defamation or invasion of privacy or infringes the intellectual property rights of any third party. Each entrant further agrees that each Sponsor and Administrator shall have a non-exclusive, irrevocable, perpetual, worldwide, transferable, royalty free right to use, reproduce, adapt, modify, publish, distribute and display the Submission Materials or any portion thereof for any purpose and in any form or format, including but not limited to display of such materials at the American College of Gastroenterology 2016 Annual Scientific Meeting, to be held in Las Vegas, NV in October 2016, use of such materials in brochures, advertisements, marketing materials and/or signage, and display and use of such materials on the Internet. Each entrant further agrees that no confidential, fiduciary, employment or other relationship between entrant and any Sponsor or Administrator shall be created as a result of any entry or submission.
  7. Judging: All entries will be judged, by individual judges knowledgeable regarding IBS who will be selected by Sponsors and Administrator in their sole discretion. The entries will be judged based on the following criteria (a) the creativity of the entry, including the entry’s representation of the Contest theme and the uniqueness of the entry; (b) the impact of the entry, including the expression of the Contest theme in the Original Artwork and any accompanying Written Statement; and (c) artistic merit and skill. By submitting an entry, each entrant acknowledges and recognizes that the judging of entries will be subjective and based on the views of the individual judges, and that all decisions of the judges shall be final and binding. The judges will select one (1) Grand Prize Winner and five (5) Honorable Mention Winners.
  8. Winners: Winners will be selected by the judges on or about March 24, 2017 from all eligible entries received. All potential winners are subject to verification before any prize will be awarded. Limit one (1) prize per person. All entries become the property of Sponsors and will not be returned to the entrant. Potential winners will be notified by e-mail on or about April 7, 2017.
  9. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
  10. Prizes; Contest Selection and Verification of Potential Winners: All entrants must comply with all terms and conditions of these Rules, and all winnings of prizes are contingent upon each winner fulfilling all requirements. Administrator’s decisions as to the administration and operation of the Contest, the selection of potential winners and the interpretation of the Rules are final and binding in all matters related to the Contest. There will be a total of six (6) prizes, namely:
    1. one (1) Grand Prize consisting of:
      1. a trip for two persons to New York City, comprised of:
        1. a two (2) night / three (3) day stay (deluxe accommodations, one room, double occupancy) for Grand Prize Winner and one (1) guest at a luxury hotel / spa in New York City; trip to take place during the months of April-June 2017 with exact trip dates agreed to by Grand Prize Winner and Administrator;
        2. round-trip coach airfare for two (2) from the commercial airport closest to Grand Prize Winner¹s residence if needed; (if Grand Prize Winner lives within the Tri-State area alternative transportation to be provided)
        3. ground transportation to and from the airport;
        4. spa services at a maximum of $900 per person. Spa service costs will be paid directly by Administrator to the hotel / spa facility, with any overages beyond this spa allowance to be covered directly by the Grand Prize Winner. No remaining monies from this allowance will be provided to Grand Prize Winner or guest if not used during the trip, and;
        5. reasonable meals, local taxi transportation as needed, and incidentals (e.g., hotel wifi) at a maximum of $600 per person; Administrator will provide the Grand Prize Winner with a gift card to directly cover these expenses. Grand Prize Winner will be required to provide receipts from these meals, taxi trips and incidentals and to return the gift card with any unused monies to Administrator within seven business days following the trip
      2. display of Original Artwork of the Grand Prize Winner on the “Picture My IBS” website. (Approximate total retail value of the Grand Prize is $6,000.)
    2. five (5) Honorable Mention Prizes, each consisting of a $100 American Express gift card and display of the Original Artwork of the Honorable Mention Winners on the “Picture My IBS” website (approximate total retail value $500);
    Total approximate retail value of all prizes is $6,500. Odds of winning depend on the number and quality of entries received. All travel arrangements for the Grand Prize winner shall be made by Administrator. Actual value of the Grand Prize will vary based on point of departure. Any difference between approximate retail value and actual value will not be awarded, and winner will not be compensated for time spent on trip. In order to claim his/her prize, potential winners will be required to sign and return to Administrator, within seven (7) days of the date notice or attempted notice is sent by e-mail to the e-mail address contained in the entry, an affidavit of eligibility and liability/publicity release (except where prohibited by law) and to fulfill all other requirements as determined by Administrator. If any potential winner cannot be contacted, or fails to sign and return the affidavit of eligibility and/or liability/publicity release (when applicable) within the required time period, the potential winner shall forfeit any prize. In the event that any potential winner is disqualified for any reason, or any prize remains unclaimed by a potential winner for any reason, such prize will not be awarded to that individual. An alternate winner will be selected for all prizes that were not distributed based on eligible entries received during the Contest Period, provided any prizes remain undistributed. The judging for determination of an alternate winner or winners will be completed on or about April 10, 2017, and such judging shall include all remaining eligible entrants. Any prizes that remain unclaimed after such alternate drawing will be returned to Sponsor. Administrator may obtain a consumer or other investigative report on any potential winner, and reserves the right, in its sole and absolute discretion, to disqualify any potential winner based on negative information contained in any such report.
  11. Substitution of Prizes: No cash or other substitution, assignment or transfer of any prizes shall be permitted except by Sponsors, which reserve the right to substitute a prize or prize component with cash or another prize of comparable or greater value for any reason. Prizes will be awarded “as is” with no warranty or guarantee, either expressed or implied, offered by Sponsors. Prizes are non transferable. If any prize or prize element is unavailable at the time of award, Sponsors may, at Sponsors’ sole discretion, substitute an item of comparable or greater value.
  12. Responsibility for Taxes: WINNER(S) SHALL BE SOLELY RESPONSIBLE FOR ALL FEDERAL, STATE AND LOCAL TAXES AND FEES ASSOCIATED WITH PARTICIPATION IN THE CONTEST, INCLUDING ANY PRIZE RECEIPT AND/OR USE. If required, Sponsors or Administrator will report winnings to the Internal Revenue Service. Winner will receive a Form 1099 from Sponsors or Administrator if Sponsors or Administrator report any winnings to the Internal Revenue Service.
  13. Publicity: Except where prohibited, participation in the Contest constitutes each winner’s consent to Sponsors’ use of winner's first name and first initial of winner’s last name, likeness, photograph, voice, opinions, biographical information, hometown and/or state, as well as the Submission Materials or any portion thereof, for promotional purposes in any media without further payment or consideration of any kind.
  14. General Conditions: Sponsors reserve the right in their sole discretion to cancel, terminate, suspend or modify the Contest in whole or in part if any factor beyond Sponsors’ reasonable control impairs the integrity or operation of the Contest, as determined by Sponsors and Administrator in their sole discretion. Sponsors and Administrator reserve the right in their sole discretion to disqualify any individual who tampers with the entry process or the operation of the Contest or acts in violation of these Rules, or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage any web site or undermine the legitimate and orderly operation of the Contest is a violation of criminal and civil law, and, should such an attempt be made, Sponsors reserve the right to seek damages from any such person to the fullest extent permitted by law. Sponsors’ failure to enforce any term of these Rules shall not constitute a waiver of this provision. Sponsors and Administrator, in their sole discretion, reserve the immediate and unrestricted right to disqualify any entrant or winner who commits or has committed any act or has been involved or becomes involved in any situation or occurrence that Sponsors or Administrator deem likely to subject Sponsors, Administrator, such entrant, or such winner to ridicule, scandal, or contempt or which reflects unfavorably upon any Sponsor or Administrator in any way, including, but not limited to, inconsistency with a Sponsor’s or Administrator’s legal obligations. If information relating to such act, situation or occurrence is discovered by Sponsors or Administrator after the winner has received notice of the prize and before the prize is awarded, Sponsors or Administrator may rescind the prize in its entirety. If a portion of the prize has already been awarded, Sponsors or Administrator may withdraw the remainder of the prize that has not been fulfilled. Decisions of the Sponsors and Administrator are final and binding in all matters related to this paragraph. Sponsors are not responsible for any typographical or other error in the printing of these Terms and Conditions, administration of the Contest, or in the announcement of the prize.
  15. Release: By entering this Contest, entrant agrees to release and hold harmless and indemnify each Sponsor, Administrator, and any promotional partners, each of their parents, subsidiaries, affiliates and related companies, and each of its and their respective officers, directors, employees, and agents (collectively the “Released Parties”) from and against any losses, damages, rights, claim or cause of action of any kind arising or resulting, in whole or in part, directly or indirectly, out of participation in the Contest, the unauthorized access or use of personally identifiable information, and acceptance, possession, use, or misuse of any prize awarded in connection with the Contest, including without limitation personal injury, death, and/or property damage, as well as claims based on publicity rights, defamation, and/or invasion of privacy and claims based on infringement or violation of any intellectual property rights of any kind in any Submission Materials.
  16. Use of Identifying Information or Other Information Provided by Entrants: Each entrant acknowledges and agrees that Sponsors, Administrator, and any affiliates of Sponsors or Administrator may use all Identifying Information or other information provided by entrant for promotional and other business reasons, in either aggregated or individual form. Entrant further acknowledges and agrees that Sponsors, Administrator, or Sponsors’ or Administrator’s affiliates may contact entrant as part of their marketing activities as a result of entrant’s participation in the Contest. Information collected from entrants is subject to the Privacy Policy available at http://www.picturemyibs.org/.
  17. Disposition of Entries: All entries shall be the property of Sponsors, and Sponsors shall have no obligation to retain any entries. No entries will under any circumstances be returned to the entrant. Sponsors shall have no liability for any damage or loss to any entries, including any failure of transmission or delivery of any entries.
  18. Limitations of Liability: Each entrant acknowledges and agrees that the Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; (5) any unauthorized third party use of any Submission Materials; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use of any prize or while traveling to or from any prize-related activity. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy shall be another entry in the Contest during the Promotion Period.
  19. Disclaimers: This Contest is being conducted by and on behalf of Sponsors. Any Identifying Information or other information provided by entrants in connection with the Contest may be used for internal research purposes. The results of such research and information provided in individual entries may be used in connection with marketing or promotional activities.
  20. Disputes: You agree that any claim or dispute at law or equity that has arisen or may arise relating in any way to or arising out of the Contest, these Rules, or the award of the prize will be resolved in accordance with the provisions set forth in this Dispute Resolution section. Please read this section carefully as it affects your rights and will have a substantial impact on how claims you and Sponsors/Administrator have against each other are resolved.
    1. You agree that whenever you have a disagreement with the Sponsor(s)/Administrator arising out of, connected to, or in any way related to the Contest, these Rules, or the award of the prize, you will send a written notice to the Sponsor(s)/Administrator (“Demand”). You agree that the requirements of this Dispute Resolution section will apply even to disagreements that may have arisen before you accepted these Rules. You must send the Demand to the following addresses (the “Notice Address”): For Allergan USA, Inc. Legal Department, Allergan USA, Inc., Morris Corporate Center, 400 Interpace Parkway, Parsippany, NJ 07054. For Ironwood Pharmaceuticals, Inc., Legal Department, 301 Binney Street, Cambridge, MA 02142
    2. You agree that you will not take any legal action, including filing a lawsuit or demanding arbitration, until ten (10) business days after you send a Demand. If the disagreement stated in the Demand is not resolved to your satisfaction within ten (10) business days after it is received, and you intend on taking legal action, you agree that you will file a demand for arbitration before JAMS (formerly Judicial Arbitration and Mediation Services), or its successor, pursuant to the United States Arbitration Act, 9 U.S.C. Sec. 1 et seq (the “Arbitrator”). This arbitration provision limits the ability of you, Administrator, and Sponsors to litigate claims in court and you, Administrator, and Sponsors each agree to waive your respective rights to a jury trial or a state or federal judge.
    3. You agree that you will not file any lawsuit against Administrator or Sponsors in any state or federal court. You agree that if you do sue in state or federal court, and Administrator or Sponsors brings a successful motion to compel arbitration, you must pay all fees and costs incurred by Administrator and Sponsors in court, including reasonable attorney’s fees. For any such filing of a demand for arbitration, you must effect proper service under the rules of the Arbitrator and notice to the Notice Address may not be sufficient.
    4. The Arbitrator shall apply the provisions of JAMS’ Comprehensive Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration. You agree that the Arbitrator will have sole and exclusive jurisdiction over any dispute you have with Administrator or Sponsor. The parties will cooperate with JAMS and with one another in selecting a single arbitrator from JAMS’ panel of neutrals, and in scheduling the arbitration proceedings, which shall take place in New York County, New York and in the English language. The Federal Arbitration Act allows for the enforcement of arbitration agreements and governs the interpretation and enforcement of the agreement to arbitrate.
    5. You agree that you will not file a class action or collective action against Administrator or Sponsor(s), and that you will not participate in a class action or collective action against them. You agree that you will not join your claims to those of any other person. Notwithstanding any other provision in these Rules, if this class action waiver is invalidated, then the agreement to arbitrate is null and void, as though it were never entered into, and any arbitration dispute at that time will be dismissed without prejudice and may be refiled in a court. Under no circumstances do you, Administrator, or Sponsors agree to class or collective procedures in arbitration or the joinder of claims in arbitration. Administrator and Sponsors agree to submit all disputes with you to arbitration before the Arbitrator.
    6. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of the entrant, Administrator, and Sponsor(s) in connection with the Contest, or any claim or dispute that has arisen or may arise between you, Administrator and Sponsor, 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.
  21. Winners List: The Contest results and/or a copy of these Rules may be obtained by sending a self-addressed, stamped envelope to: Picture My IBS Contest
    c/o Lippe Taylor
    215 Park Avenue South, 16th Floor
    New York, NY 10003
    Requests for a list of winners must be received by April 28, 2017. Vermont residents may omit return postage for the rules.
  22. Rules Availability: These Rules will be available at PictureMyIBS.org through February 28, 2017.