1. Healthcare

OFFICIAL RULES SEIZE THE IDEA WITH ACER CONTEST NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ENTRY IS OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES OR THE DISTRICT OF COLUMBIA, WHO ARE AT LEAST 18 YEARS OF AGE OR AGE OF MAJORITY, WHICHEVER AGE IS OLDER. THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK. FACEBOOK IS NOT AFFILIATED WITH THE SPONSOR IN ANY WAY. 1. Contest Dates: The Seize the Idea with Acer Contest (“Contest”) begins January 28, 2015 at 12:00:00 AM Pacific Standard Time (“PST”), and ends May 1, 2015 at 11:59:59 PM PST (“Contest Period”). During the Contest Period there are a series of events which start and end on or about the dates and times noted below: EVENTS Events START at 12:00:00 AM PST Events END at 11:59:59 PM PST ENTRY SUBMISSION PERIOD January 28 February 28 SPONSOR SELECTION OF FINALISTS February 29 March 4 FINALIST NOTIFICATION & CLEARANCE March 4 March 14 PUBLIC VOTING PERIOD March 15 April 11 GRAND PRIZE WINNERS ANNOUNCED May 1 Note: All dates/times are 2015/Pacific Standard Time. 2. Eligibility: This Contest is open only to legal residents of the 50 United States and D.C. who are 18 years of age or older at the time of entry (or the age of majority in their state of residence if greater than 18, whichever age is older), each an “Entrant”. Employees, officers and directors of Acer America Corporation ("Acer" Or "Sponsor"), their parent companies, affiliates, subsidiaries and advertising and promotion agencies (collectively, “Contest Entities”), and members of the immediate families (defined for these purposes as including spouse, biological, adoptive and step-­‐parents, children, grandparents, grandchildren and siblings and each of their respective spouses, regardless of where they reside) or households (whether related or not) of any of the above are not eligible to enter and/or win a prize. Void outside the 50 United States/D.C. and where prohibited. By participating, entrants agree to abide by and be bound by these Official Rules and to accept decisions of the Sponsor as final in all matters relating to this Contest. This Contest is subject to all applicable federal, state and local laws and regulations. 3. How To Enter: To enter the Contest, go to http://www.seizetheidea.acer.com/ (the “Contest Website”) during the Entry Submission Period and: 1) complete and submit the entry form by providing all requested information including connecting to Facebook*; 2) submit an original essay (“Essay”) explaining what you would do with an Acer Idea Kit (Kit includes Aspire Switch 11, Aspire AZ3 Touch All-­‐
in-­‐One, Acer H6510BD Portable Home Theater Projector) (up to two-­‐thousand [2,000] characters); and optionally; 3) submit a photograph (PNG, JPEG or Bitmap, must not exceed three (3) MB in size) and/or video (avi, dv, mov, qt, mpg, mpg2, mpg4, 3gp, 3g2, asf, or wmv format, must not exceed one hundred (100) MB in size) (collectively, an “Entry”). Entries must be in English language only. There is a limit of Page 1 of 6
one (1) Entry per Facebook account. If more than one (1) Entry is received only the first Entry received will be accepted. * If you do not have a Facebook account you can create one for free. By submitting your information and creating an account, you agree to the terms of use, privacy policy and data use policy of Facebook (as applicable). If you do not agree to these terms of use, privacy policy and data use policy, you cannot create a Facebook account, or participate in this Contest. Entries may only be submitted online at the Contest Website. At the time of entry, Entrants will have the opportunity to opt-­‐in to receive further communications from the Sponsor. Entrants are not required to opt-­‐in and opting in will not increase your chances of winning. If an Entrant chooses to opt-­‐in, the Entrant thereby grants the Sponsor permission to send him/her future communications regarding services, incentives, offers, promotions, or other messaging related to the Sponsor’s services. Any information collected from the Contest shall be used only in a manner consistent with the consent given by the Entrants at the time of entry, with these Official Rules, and with the Sponsor’s Privacy Policy found at http://www.acer-­‐group.com/public/index/privacy.htm. Group entries will not be accepted (e.g., although different individuals might have taken part in the creation of an Entry, and more than one individual may appear in an Entry photo and/or video, only one individual may be considered to have created and submitted the Entry). By entering the Contest, each Entrant represents and warrants that he or she has obtained all of the rights, licenses, and permissions from each person who appeared in, or helped to create, the Entry. By entering, each Entrant warrants that his or her Entry, and all elements thereof satisfy these Official Rules, including, without limitation, warranting that the Entry in this contest: (i) is the original work of the Entrant; (ii) has not previously been published or won an award or prize of any kind; (iii) does not infringe or violate the rights of any third party, including but not limited to, copyrights, trademarks, patents, trade secrets, logos, contract and licensing rights, rights of publicity or privacy, moral rights, image rights, or any other intellectual property rights; (iv) is not subject to any third party agreements, and that the Contest Entities will not be required to pay or incur any sums to any person or entity as a result of their use, exhibition, or exploitation of the idea, Entry, or elements therein; (v) has written proof that required permits from local authorities and other permissions required to produce the Entry have been obtained; (vi) does not contain any content that is likely to be considered offensive by the Contest Entities or could adversely affect the name, reputation, or goodwill of the Contest Entities; (vii) does not feature, refer to, or mention any competing brands of the Contest Entities. By entering this Contest, Potential Finalists agree to grant the Sponsor, its parents, subsidiaries, and affiliates and their agents and designees, the exclusive, worldwide, perpetual, irrevocable, royalty-­‐free, sub-­‐licensable right to exercise the copyright, publicity, database rights and any other rights Entrant has in the Entry, and also the right and permission to edit, modify, cut, rearrange, add to, delete from, copy, reproduce, translate, dub, adapt, publish, exploit, and use the content of and elements embodied in the Entry, in any media now known or hereafter devised (including without limitation, the Internet), for advertising and promotional purposes without additional compensation, except where prohibited by law. Each Entrant hereby represents and warrants that he/she is the original author/creator of his/her Entry and the Entry will not infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy. Sponsor's use of information submitted to Sponsor in connection with this Contest will be subject to the terms and conditions of these Official Rules. Entries Page 2 of 6
must be received by 11:59:59 PM ET on February 28, 2015 in order to be eligible. Sponsor’s computer is the official time-­‐keeping device for this Contest. The Sponsor’s decisions are final on all matters relating to this Contest. If Sponsor determines in their sole discretion that an Entrant has breached any representation or warranty or any other requirement described in these Official Rules, the Entry will be disqualified. 4. Judging to Determine Finalists: After the conclusion of the Submission Period, all eligible Entries received at the Contest Website will be judged by a panel of judges (“Panel”). The Panel will score (the “Panel Score”) each eligible Entry based on the following judging criteria (“Judging Criteria”): ! Creativity (33.33%) ! Quality of Entry (33.33%) ! Alignment with Acer Brand Values (33.34%) Based on the Panel Scores, the three (3) highest scoring Entries will each be deemed a “Potential Finalist” subject to verification of eligibility and compliance with these Official Rules. The next three (3) highest scoring Entries are defined as “Potential Alternates”. In the event of a tie, all tied entries will be re-­‐judged by an additional judge selected by Sponsor, who, using the Judging Criteria, will break the tie. The judges’ decisions are final and binding in all matters relating to this Contest. All entries are subject to verification of eligibility and compliance with these Official Rules. 5. Notification of Potential Finalists: Three (3) Potential Finalists will be notified by mail, phone, or e-­‐
mail on or about March 4, 2015 and will be required to sign and properly execute the following documents and return them via e-­‐mail or facsimile (and subsequently by mail per instructions to be provided) to Administrator (as defined in Section 13) by the time and date specified in the notification: (1) Affidavit of Eligibility and Liability Waiver; (2) where lawful, a Publicity Release; and (3) an Entrant Agreement & Release Form. Sponsor may also request additional content regarding the Entry to be provided by a specific time and date. If any documents sent by any means to a Potential Finalist are returned as undeliverable or if a Potential Finalist fails to properly execute and return all documents described herein in the time noted, or if a Potential Finalist is found not to be eligible or not in compliance with these Official Rules, the Potential Finalist will be disqualified, at the sole discretion of the Sponsor, and the next highest scoring Entry will move up and be notified, time permitting. All Potential Finalists are considered “Potential” pending submission of required documents and verification of eligibility and compliance with these Official Rules. 6. Public Voting: The public vote on the three (3) Finalists’ entries begins on March 15, 2015 and ends April 11, 2015. Voters are requested to use the Judging Criteria in Section 4 to critically evaluate the Entries before voting. Limit of one (1) vote per Facebook account during the Public Voting Period. If you do not have a Facebook account you can create one for free. By submitting your information and creating an account, you agree to the terms of use, privacy policy and data use policy of Facebook (as applicable). If you do not agree to these terms of use, privacy policy and data use policy, you cannot create a Facebook account, or participate in this Contest. Subsequent votes in excess of stated maximum by a single person will be disqualified. Entrants are prohibited from obtaining votes by any fraudulent or inappropriate means or practices and no Entrant or any other person may offer consideration, services, or anything of value in an attempt to further an Entrant’s position in the Contest, including without limitation, offering prizes or other inducements to members of the public to collect votes or posting of Entries on voting websites or online forums, as determined by Sponsor in its sole discretion. The use of any automated launching or entry software or any other mechanical or electronic means that permits website visitors to vote repeatedly is prohibited. Page 3 of 6
7. Determining Grand Prize Winner: At the end of the Public Voting Period the Finalist with the greatest number of votes will be deemed the Grand Prize Winner. The other two (2) Finalist Entries will be deemed “Runners Up”. In the event of a tie for determining the Grand Prize Winner, all tied Entries will be re-­‐judged by an additional judge selected by Sponsor, who, using the Judging Criteria will break the tie. Notwithstanding the above, the Sponsor reserves the right to choose an alternate prize winner(s) and replace a prize winner(s) if it determines in its sole discretion, that the prize winner(s) has not complied with these Official Rules or in the event Sponsor determines that any consideration, services, or anything of value has been offered in an attempt to further the position of the prize winner’s position in the Contest. Designation as a Grand Prize Winner or Runner Up is subject to Entrant’s proof of compliance with these Official Rules, maintaining compliance with these Official Rules, and approval by Sponsor. Entrants acknowledge that other Entrants may have created ideas and concepts contained in their Entry that may have familiarities or similarities to his/her Entry, and that he/she will not be entitled to any compensation or right to negotiate with or receive any compensation from the Contest Entities because of these familiarities or similarities. The Panel’s and Sponsor’s decisions are final and binding in all matters relating to this Contest, including interpretation and application of these Official Rules. 8. Notification of Grand Prize Winner: The Grand Prize Winner will be notified by mail, telephone, and/or email, in Administrator’s sole discretion, on or about April 27, 2015. Grand Prize Winner will be provided with, and will be required to sign and properly execute, a W-­‐9 Tax Form and return it via facsimile or email to Administrator before any prize will be awarded. If any documents sent to the Grand Prize Winner by any means are returned as undeliverable, or if the Grand Prize Winner fails to properly execute and return all documents described herein in the time noted by the Administrator, or if the Grand Prize Winner is found not to be eligible or not in compliance with these Official Rules, the Grand Prize Winner will be disqualified and the Sponsor will determine who will be selected as the alternate Grand Prize Winner based on the next highest scoring Entry. Except where prohibited by law, all Entrants agree that Sponsor may announce the name, home city, and state of prize winners online. In the event that the Grand Prize Winner is disqualified for any reason, Sponsor reserves the right to award the prize to an alternate Entrant based on the Judging Criteria detailed above even if the disqualified Grand Prize Winner’s name or Entry has been shown or announced online, without any liability to the disqualified Grand Prize Winner. 9. Prizes: One (1) Grand Prize: Acer Idea Kit containing: -­‐ Acer Switch 11 SW5-­‐17139LB ($649.99 Approximate Retail Value [“ARV”]) -­‐ Acer Aspire AZ3-­‐615-­‐UR1D 23” Touch All-­‐in-­‐One Computer ($899.99 ARV) -­‐ Acer H6510BD Home Theater Projector ($799.99 ARV) Total ARV of Grand Prize: $2,349.97. Two (2) Runners Up Prizes: -­‐ Aspire Switch 11 SW5-­‐111-­‐14C9 ($350.00 ARV) ARV of each Runners Up Prize: $350.00. All details of prizes not specified herein shall be determined solely by Sponsor. Any difference between the estimated and actual value of any prize will not be awarded. There is a limit of one (1) prize per Page 4 of 6
Entrant. Winners may elect to decline any part(s) of the prize as offered. Prizes are non-­‐transferable; no substitutions or cash equivalents allowed, except at the discretion of the Sponsor in which case a prize of equal or greater value will be awarded. Prizes are awarded “as is.” Any and all guarantees and warranties for merchandise prizes are subject to the manufacturer’s terms and conditions, and each prize winner agrees to look solely to such manufacturer for any such warranty or guarantee claim. Taxes are the responsibility of the prize winners. All costs and expenses relating to acceptance and use of a prize, which are not explicitly listed herein as being awarded, are responsibility of prize winners. Total estimated retail value of all prizes is $3,197.99. Prizes will be delivered in approximately 6-­‐8 weeks. 10. Limitation of Liability: By entering, all entrants agree to release and hold harmless Sponsor and its parent company, affiliates, subsidiaries, agencies, Facebook, Inc., and the officers, directors, agents and employees of each of the foregoing, and all others associated with the development and execution of this Contest (collectively, the “Released Parties”), from and against any and all liability with respect to, or in any way arising from or in connection with, participation in this Contest and/or the acceptance, possession or use or misuse of a prize (if applicable), including but not limited to liability for personal injury, bodily injury, death, damages or loss of any kind. By accepting a prize component manufactured by a third-­‐party manufacturer, winners acknowledge and agree that the Released Parties have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, express or implied, in fact or in law, relative to the prize, including without limitation, its quality, mechanical condition or fitness for a particular purpose. Entrants further agree that: (i) any and all disputes, claims and causes of action arising out of, or connected with, this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate state or federal court located in the State of California; (ii) any and all claims, judgments and awards shall be limited to actual out-­‐of-­‐pocket costs incurred, including but not limited to costs associated with entering this Contest but in no event attorneys’ fees; and (iii) to the extent allowed by applicable law, under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental and/or consequential damages and/or any other damages, other than out-­‐of-­‐pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO (iii), ABOVE, MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrants’ rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest shall be governed by, and construed in accordance with, the substantive laws of the State of California without regard to the conflicts of laws principles of any jurisdiction. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest-­‐related materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control. 11. Additional Terms And Conditions: The Released parties are not responsible for: (i) electronic transmissions or entries that are lost, late, stolen, incomplete, illegible, damaged, garbled, destroyed, misdirected, undelivered, or not received by Sponsor or its agents for any reason; (ii) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication failures or human error that may occur in the transmission, receipt or processing of entries; (iii) destruction of or unauthorized access to, or alteration of, entries; or (iv) failed Page 5 of 6
or unavailable hardware, network, software or transmissions, or any other causes that jeopardize the administration, security, fairness, integrity or proper conduct of this Contest. All nonconforming entries will be disqualified. Released Parties are further not responsible for: (i) incorrect or inaccurate entry or prize claim information whether caused by entrant or by any of the equipment or programming associated with or utilized in the Contest, or for any other errors of any kind, whether technical, network, printing, typographical, human or otherwise, in any Contest-­‐related materials or in the announcement of prize winners; or (ii) misrepresentation, cheating or fraud by any entrant. If any of the foregoing malfunctions, errors, defects or acts render the Contest incapable of operating as planned, Sponsor, at its sole discretion, may terminate this Contest and select the prize winners from among all eligible entries received prior to the date/time of termination, or in any other manner deemed fair and equitable by Sponsor. CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. 12. Winners List: For the complete list of prize winners, available after May 1, 2015, send an email with subject line: Acer Seize the Idea Winners to: [email protected]. Requests received after July 1, 2015 will not be fulfilled. 13. Sponsor/Administrator: Sponsor: Acer America Corporation, 333 West San Carlos Street, Suite 1500, San Jose, CA 95110. Administrator: Marden-­‐Kane, Inc., 195 Froehlich Farm Boulevard, Woodbury, NY 11797. Any questions, comments or complaints regarding this Sweepstakes must be directed to the Sponsor only, and NOT to Facebook. © 2015 Marden-­‐Kane, Inc. All rights reserved. These Official Rules may not be copied, edited, or used for any other purpose, commercial or otherwise, without the express written consent of Marden-­‐Kane, Inc. Page 6 of 6