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
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”).
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
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
Qualifying submissions must consist of an Original Artwork and accompanying
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
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.
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.
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.
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.
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.
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:
one (1) Grand Prize consisting of:
a trip for two persons to New York City, comprised of:
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
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
ground transportation to and from the airport;
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;
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
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.)
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
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.
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.
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.
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.
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
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
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
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.
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.
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
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.
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,
For Ironwood Pharmaceuticals, Inc., Legal Department, 301 Binney Street, Cambridge, MA 02142
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
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.
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.
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.
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.
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.
These Rules will be available at PictureMyIBS.org through
February 28, 2017.
Picture My IBS Contest
c/o Lippe Taylor
215 Park Avenue South, 16th Floor
New York, NY 10003