COntest Information

Please note that once you submit, your entry is completed and you will be unable to make changes to this submission.

COntest Information

Please note that once you submit, your entry is completed and you will be unable to make changes to this submission.

HOW TO ENTER

Step 1

Read all details about the competition

Step 2

Complete the form below and upload your art work (JPG, GIF, or PNG format less than 5MB)*

Step 3

Agree to the Terms and Conditions of the
contest, then submit the file

*If you are unable to upload your artwork below, please contact (289) 273-6186

HOW TO ENTER

Step 1

Read all details about the competition

Step 2

Complete the form below and upload your art work (JPG, GIF, or PNG format less than 5MB)*

Step 3

Agree to the Terms and Conditions of the
contest, then submit the file

*If you are unable to upload your artwork below, please contact (289) 273-6186

ENTER COMPETITION

Click or drag a file to this area to upload.
Please upload artwork using JPG, GIF, or PNG format and ensure your file is less than 5MB
CONTEST RULES

Gilead’s “C Beyond” Art Contest” 2020 CONTEST OFFICIAL RULES (the “Rules”)

THIS IS A SKILL-BASED CONTEST. VOID WHERE PROHIBITED. NO PURCHASE NECESSARY TO ENTER OR WIN.

IMPORTANT: Please read these Rules before entering this Contest. By participating in this Contest, you agree to be bound by these Rules.

1. SPONSOR The Gilead “C Beyond” Art Contest” (the “Contest”) is sponsored and administered by Gilead Sciences Canada Inc. (the “Sponsor” or “Gilead”) with a principal place of business at 6711 Mississauga Road, Suite 600, L5N 2W3, Mississauga, Ontario, Canada.

2. ELIGIBILITY The Contest is open only to persons (“Participant/s”) who: (i) are legal residents and are physically located and reside in any province or territory of Canada in which this type of contest is permitted; and (ii) are at least eighteen (18) years of age, or have reached the age of majority in his or her jurisdiction of residence at the time of entry, whichever is greater. Employees of Sponsor and their respective parents, affiliates, subsidiaries, distributors, directors, officers, and each of their immediate family members and/or those living in the same household of each are not eligible to enter the Contest. Furthermore, Judges (as defined below) and prescribers of hepatitis C drug products or other medication or forms of treatment (or employees of entities prescribing such products or services) are also not eligible to enter the Contest. By participating, you agree to these Rules and to the decisions of the Judges and Sponsor, which are final and binding in all respects. This Contest is void where prohibited by law. All applicable federal, provincial and local laws and regulations apply.

3. TIMING The Contest will consist of three (3) phases, as detailed below: (i) the Contest Entry (the “Entry Period”): begins at 8:00:00 AM EDT on November 18, 2020 and ends at 11:59:59 PM EDT on January 10, 2021; (ii) the Judging Period: begins at 12:00:00 AM EDT on January 14, 2021 and ends at 11:59:59 PM EDT of the same day; (iii) the Winner Announcement: the Grand Prize Winner (as defined below) will be announced on February 8, 2021.

4. HOW TO PARTICIPATE

4.1. The Contest will determine which Participant has the best combination of inspiration, visual storytelling quality, creativity and originality during the Entry Period, all subject to the judgment criteria exercised by the Judges as specified in Section 5 below. To enter the Contest, you must upload a copy of your artwork (in a generally recognizable format such as .jpeg, .bmp, .png or .pdf (which artworks can be an original visual work, image, painting or photograph) and, if you wish (but not as a requirement), an associated descriptive written story submission in English of a maximum of 250 characters (“Submission Package”) showing and explaining how you can inspire others to continue using safe practices and be proud of curing hepatitis C through one of the following ways: (1) on the contest page on Gilead’s website (the “Website”), available at www.CBeyondHCV.com (the “Contest Page”), (2) by email at [email protected], (3) through text messaging at [(289)273-6186] (please note that service charges from your carrier may apply) and (4) by mail at the following address: C Beyond Art Contest C/O LSD The Agency, Inc. [602 Mount Pleasant Rd. Toronto, ON. M4S 2M8].

4.2 The artwork forming part of the Submission Package must be an original work of each entrant and must not contain product-specific or brand-related artwork, such as drug logos, pictures of logos, depictions of a distinctive tablet shape, and any other trademarks, trade names or indicia or source or origin of an existing drug product, service or other medical equipment, including, without limitation, any artwork that reproduces or incorporates a third party’s trademarks or branding. Entries that breach this condition will be disqualified.

4.3. Upon posting successfully your unique Submission Package on the Contest Page in accordance with these Rules, you shall be considered to have submitted an entry to the Contest (“Entry” or “Entries”). An Entry is “received” when the Entry is published on the Contest Page according to these Rules and remains accessible at least throughout five (5) business days following the end of the Entry Period. Proof of submitting an Entry will not be deemed to be proof of receipt by Sponsor. All Entries must adhere to the Requirements of Contest Entries found below to be valid. The odds of winning depend on the number and quality of Entries received, as well as an adherence to the judging criteria listed in section 5.

4.4. During the Entry Period and Judgment Period, Participants must maintain the Entry used to enter the Contest in substantially the same form as at the time of entry into the Contest.

4.5. Sponsor has no obligation to advise you of an incomplete or otherwise non-compliant Entry. You are solely responsible for internet connectivity, software and/or hardware that may be required in order to create and/or submit your Entry.

4.6. Entries will be deemed to be made by the person providing the Submission Package containing the Entry through any of the means described in Section 4.1. Sponsor shall be entitled to use its best judgment, in its sole discretion, to determine the rightful owner of the winning Entry, and each Participant hereby remises, releases and discharges the Sponsor, to the fullest extent permitted by law, from all liabilities, obligations, claims and demands whatsoever arising out of any such determination of the rightful owner of the winning Entry by Sponsor. Sponsor may run multiple campaigns, contests, sweepstakes or other promotions simultaneously and Sponsor is not responsible for Entries incorrectly posted on the Contest Page or elsewhere. Entry into one (1) promotion does not constitute entry into any other.

4.7. Entries to the Contest must not contain content and/or offer products or services for sale that (i) are sexually explicit, violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; (ii) promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing) or a particular political agenda; (iii) are obscene or offensive; (iv) defame, misrepresent or contain disparaging remarks about other people or companies; (v) contain trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others without the proper license or consent; (vi) violate the rights of any other person or entity by using their names or images, or featuring or referring to any recognizable person, without such person’s informed consent thereto; (vii) violate 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); (viii) contain content that denigrates, disparages or reflects negatively on the Sponsor; and/or (ix) violate any law or any legal terms applicable to such Entry, including the Gilead guidelines (or any other social media platform guidelines, as the case may be).

4.8. Each Participant may submit only one (1) Entry to this Contest. For the avoidance of doubt, any Participants found to be submitting more than one (1) Submission Package may be disqualified. Entries that are removed, hidden or deleted from public viewing on the Website prior to date of winner verification will be disqualified.

4.9. You are not required to “like” or follow Gilead on any social media pages or to pay any entrance fee in order to participate in the Contest or to be eligible for a Prize (as defined below), and any such action or payment will not increase or improve your chances of winning.

4.10. At the request of the Sponsor, Participant must provide a copy of a driver's license or passport for identification, age confirmation and the reliability of the information provided with the Entry, and any other documentation required by Sponsor to verify compliance. In case Participant fails to provide the Sponsor with such documentation within three (3) days from the date of the request, or in case false or incomplete information is provided with the Entry or other violation of the Rules or law, the Sponsor has the right to disqualify the Entry, prohibit such Participant from further participation in the Contest in any way and in any other promotion held by the Sponsor.

4.11 Sponsor is not responsible for problems with the submissions, including, but not limited to, lost, late, incomplete, invalid, unintelligible, or misdirected entries, which will be disqualified. Sponsor reserves the right, in its sole discretion, to modify, suspend, or cancel the Contest at any time, and select the Winner from the entries received prior to the modification, suspension, or cancellation. Sponsor agrees to take such action in a fair and appropriate manner. In addition, Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the submission process or the operation of the Contest or to be acting in violation of these Rules or any other promotion, or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage any other entrant’s submission or undermine the legitimate operation of the Contest is a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Rules shall not constitute a waiver of that provision.

4.12. SPONSOR RESERVES THE RIGHT TO DISQUALIFY FROM THE CONTEST ANY ENTRY WHICH DOES NOT COMPLY WITH THESE RULES, OR FOR ANY OTHER REASON, AS SPONSOR DEEMS FIT, AT SPONSOR’S SOLE AND ABSOLUTE DISCRETION.

5. DETERMINING THE WINNERS

5.1. The Contest shall have ten (10) finalists (each a “Finalist” and collectively, the “Finalists”) and one (1) winner of the Top Prize (a “ Top Prize Winner”) and nine (9) winners of the “Honourable Mention” prizes (“Honourable Mention Winners”) who will be awarded the corresponding Prizes described below (collectively, the “Winners” and each a “Winner”). The Finalists, Top Prize Winner and Honourable Mention Winners will be chosen by a multi-disciplinary panel of 7 judges who shall either be Sponsor’s employees, artists, and/or pharmaceutical industry stakeholders (the “Judges”).

5.2. The Prize (as defined below) will be chosen by the Judges based on the following criteria, with respect to each Entry during the Entry Period with a relative weight to each criterion. The Judges will award each Participant a confidential score, calculated as per the below:

- Inspiration – Does the entire Submission Package comprised of an artwork, image or photograph and accompanying text inspire others to continue using safe practices and be proud of curing hepatitis C? (25%)

- Visual Storytelling Quality – Is the artwork, image or photograph forming part of the Submission Package or what it represents clear from a visual storytelling standpoint at first sight or after reading the associated story? (25%)

- Creativity and Originality – The creativity and artistic originality of how a Participant brings together the various elements of their recovery journey will be considered and assessed. If a written “story” is submitted, it may be leveraged when assessing creativity and originality as well. (50%)

In the event of a tie, the Entry with the highest score in the Creativity and Originality category will be deemed the Winner. Sponsor will not communicate and Participants may not request their individual scores.

5.3. Between 12:00:00 AM EDT on January 14, 2021 and 11:59:59 PM EDT on the same day, the Judges will review the Entries received within the Entry Period and select the Winner, as described in Section 5.1 above (the “Judging Period”). During the Judgment Period, Participants must maintain their Entry in substantially the same form as at the time of Entry. Any modifications made by a Participant to his/her Entry during the Judgment Period may or may not be seen by the Judges and Sponsor makes no guarantees or warranties in this respect.

6. PRIZES

6.1. The prizes awarded further to this Contest in accordance with these Rules shall be as follows:
- One (1) Top Prize:
· 1 x $250 VISA® Gift Card mailed to the Top Prize Winner;
· 1 hour of time on a virtual platform with a creative agency to brainstorm and design an art token based on the winning submission;
· Possibility for winning submission to be published in a national media outlet; and
· Opportunity for Top Prize Winner to tell their story featured at an upcoming virtual art gallery, at the discretion of the Top Prize Winner. 

This package is valued at an approximate retail value of 525$

- There will also be nine (9) « Honourable Mention » prizes, each comprised of a $100 VISA® gift card mailed to each of the nine (9) Honourable Mention Winners.

(collectively, the “Prizes”)

6.2. The Prize is non-transferable, with no additional cash redemptions, equivalents or substitutions except at Sponsor’s sole and absolute discretion. All Prize details not specified in these Rules will be determined in Sponsor’s sole and absolute discretion.

6.3. The Winners will be solely responsible for all federal, provincial, and/or local taxes according to the laws and regulations applicable in such Winner’s country of residence, and for any other fees, costs and other arrangements associated with the Prize which are not explicitly provided by Sponsor as set forth herein.

7. WINNERS NOTIFICATIONS AND PRIZE CLAIMING

7.1. Sponsor will announce the potential Winner on February 8, 2021 on the Contest Page and other public relations channels, at Sponsor’s sole discretion, and will notify the potential Winner via email (where applicable) or by any other method as Sponsor sees fit at its discretion.

7.2. Sponsor has complete discretion over interpretation of the Rules and administration of the Contest. Selection of the Winner is at the complete discretion of the Judges. Decisions concerning the selection of the Winner will be final.

7.3. The potential Winner will be required to comply with all instructions provided by Sponsor within the timeframe specified in Sponsor’s notices to potential Winner.

7.4. Sponsor may conduct a background check to confirm any potential Winner’s eligibility and compliance with these Rules. By entering, you agree to cooperate reasonably with any such background check. If a background check reveals that a potential Winner is not in compliance with the requirements hereunder, or has engaged in conduct that could damage the reputation or business of the Sponsor as determined by Sponsor in its discretion, the potential Winner may be disqualified and the respective Prize may be awarded to the runner-up potential winner, or forfeited, at Sponsor’s discretion.

7.5. The potential Winner shall be required to submit a signed certificate of eligibility / assumption of liability and indemnification / prize acceptance agreement (the “Prize Acceptance Agreement”), and return same within the time period specified as notified before being eligible to receive her or his Prize.

7.6. If a potential Winner fails within any indicated time period to (1) respond to any notification or communication of Sponsor; (2) claim and collect their Prize; (3) comply with any request for additional information; (4) cooperate with a background check if required; (5) timely submit a Prize Acceptance Agreement; or (6) otherwise cooperate with Sponsor as required, Sponsor reserves the right to disqualify the Winner and refuse to provide the respective Prize to such Winner and either forfeit the respective Prize or grant it to a runner-up potential winner, at Sponsor’s sole discretion.

8. PRIVACY AND CONTEST COMMUNICATIONS

8.1. Except as specifically stated herein, participation in the Contest and the personal information collected from Participants during the Contest are subject to Sponsor’s Privacy Policy and Terms of Service as published on the Website.

8.2. By entering this Contest, you understand that Sponsor may use your personal information (including name and email address) for administration of the Contest, the fulfillment of Prize and for marketing purposes. You expressly consent to the use of your information by Sponsor and its advertising or promotion agencies for such purposes, and to the use of your Entry by the Judges for judging and fulfillment of Prize purposes.

9. PUBLICITY RELEASE

9.1. Except where prohibited, and subject to your prior written contest (email sufficient), Sponsor may use your name, username, photograph, video and voice recording, any other likeness, Entry details and any other communications or comments related to the Contest (collectively, “Likeness”) for publicity purposes, in any and all media, now known or hereafter devised, without payment to you.

9.2. Upon Sponsor’s request, each Participant must be prepared to provide (within the timelines specified at such request made by Sponsor) a signed release or consent form from any person who appears, and/or owner of any property featured or displayed in the Entry, as requested by the Sponsor, and/or from the owner of any material that appears in such specific Entry, authorizing Sponsor to use such Entry as stipulated herein. All releases must be in the form provided by Sponsor or satisfactory to Sponsor.

10. INTELLECTUAL PROPERTY

10.1. The Contest Rules, the Contest, the Contest Page, and any promotional and marketing materials related thereto and all related web pages, content and code are the property of the Sponsor. The copying or use of any of those materials, associated trademarks or any other intellectual property without the express written consent of the Sponsor is strictly prohibited

10.2. By submitting content to Sponsor, including but not limited to your Entry (“Participant Content”), you represent and warrant that you own all rights in and to any Participant Content or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the Participant Content, as necessary to legally use, publish, transfer or license any and all rights and interests in and to such Participant Content and that it does not infringe or violate any third party rights, including for greater certainty, third-party registered or unregistered trade-marks, trade names, copyright, logos, brands, designs, or other indicia of source, identity or origin.

10.3. Notwithstanding anything to the contrary in Gilead’s Terms of Service or any other terms related to the Participant Content, you hereby grant to Sponsor an exclusive, worldwide, sublicensable, perpetual, fully paid-up, royalty-free and irrevocable right and license in and to the Participant Content, and to produce, reproduce, copy, display or adapt the Participant Content (or any portion thereof) in any material form whatever and on any medium for non-commercial and non-promotional exploitation purposes and in the context Sponsor’s current and future media campaigns for the promotion of hepatitis C awareness, including, without limiting the generality of the foregoing, used to design the creative of a harm reduction kit, be featured in a Toronto-based art gallery, in a clinic-based art roadshow and featured at booth at national liver conference. You also hereby agree that this license allows the Sponsor to use, adapt or otherwise modify the Participant Content, or any portion thereof, in the design of products and services offered to the public, without any compensation to you. Further, you hereby waive all moral rights in and to your Participant Content and any other information or materials provided by you (and each component thereof) in favour of the Sponsor (and anyone authorized by the Sponsor to use such materials).

10.4. Notwithstanding anything to the contrary in Gilead’s Terms of Service or any other terms related to the Participant Content, you may from time to time provide any suggestions, comments, feedback or learnings relating or in any way derived from the Participant Content (“Feedback”), including any suggestions for, or feedback concerning, improvements, modifications, corrections, enhancements, derivatives or extensions, as well as branding, business or marketing ideas. Sponsor will have an exclusive, worldwide, sublicensable, perpetual, fully paid-up, royalty-free and irrevocable right and license to use and exploit the Feedback, including the commercialization and development of improvements based on the Feedback, and Sponsor will own such improvements and any intellectual property rights therein, based on the Feedback.

10.5. Any use or publication of an Entry or a Participant Content by Sponsor for any reason whatsoever will be subject at the sole discretion of Sponsor, provided, however, that Sponsor shall be under no obligation to promote or publish any Entry on any specific online channels or on specific timelines and durations, all of which shall remain at Sponsor’s full discretion.

10.6. Any display or publication of any Entry on Sponsor’s website or on any other channels and/or any other usage as aforesaid, does not indicate in any way that the Participant will be selected as a Winner or has better chances to be selected as a Winner and Sponsor will not be required to pay any additional consideration or seek any additional approval in connection with such use.

10.7. You covenant and agree to sign such further documents as may be reasonably required to confirm such rights belonging to Sponsor in accordance with this section.

11. RELEASE

11.1. Subject to Section 10.4 above, by participating in the Contest, you agree to release in perpetuity the Sponsor and each of their respective subsidiaries, affiliates, agents, representatives, and each of their directors, officers, employees, agents, successors and assigns (collectively, the “Released Parties”), from any claims, demands, liability, costs, losses, damages or injuries of any kind arising out of or related directly or indirectly to your participation in the Contest, Contest-related activity, your Entry and your winning a Prize (as the case may be), including, without limitation with respect to claims of copyright or trademark infringement, false endorsement, libel, slander, defamation or infringement of rights of publicity or privacy and any deletion or failure to store any Entries and other communications related to the Contest.

11.2. Subject to Section 10.4 above, you agree that the Released Parties: (i) have neither made nor will be responsible for any warranty, express or implied, in connection with the Contest (including, without limitation, with the Prize); (ii) will not be responsible or liable for any injury that may be caused by the wrongful act of any other person or entity, including Contest Participants or the Winner, and by any cause whatsoever beyond the control of the Released Parties, and (iii) will not be responsible for lost, late, stolen, garbled, delayed, undelivered, or misdirected entries, for incorrect, inaccurate or incomplete entry information whether caused by a Participant, equipment, or technical malfunction or for any human error, technical error or malfunctions.

11.3. You hereby assume full responsibility towards the Released Parties for your compliance with applicable laws, regulations and ordinances.

11.4. You agree that Released Parties are not responsible for any technical, computer, network, typographical, printing, human or other errors relating to or in connection with this Contest, including, without limitation, errors or problems which may occur in connection with the offer or administration of this Contest, the processing of Entries or any errors appearing in any online platform, Contest related-materials including, but not limited, to errors in advertising, the Rules, the selection and announcement of the Winners or the quality and/or components of a Prize.

11.5. Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Entries. The Released Parties are not responsible for any problems or technical malfunction of any telephone network, cable, satellite, wireless, Internet Service Provider (ISP) or lines, computer systems, servers, providers, computer equipment, software, malfunctions of wireless devices, wireless service problems, cellular tower equipment, failure of any email or entry to be received on account of technical problems or traffic congestion on the internet or at any website or wireless service congestion, or any combination thereof, including any injury or damage to Participant’s or any other person’s computer related to or resulting from participation or downloading any materials in this Contest.

12. YOUR REPRESENTATIONS, WARRANTIES AND INDEMNITY By submitting an Entry into the Contest you represent, warrant, undertake and agree that:

12.1. You have read, understand and undertake to fully comply with these Rules.

12.2. You have the right and the legal standing to agree to and be bound by these Rules and to enter and register to the Contest.

12.3. You comply with any and all applicable laws, rules and regulations, and you have obtained all necessary permits, consents and approvals to participate in this Contest. You maintain an insurance policy and insurance coverage as appropriate and necessary for the participation herein.

12.4. You agree to indemnify, hold harmless the Released Parties from any and all claims, demands, losses, promises, causes of action and/or liabilities for any injuries, losses, death, or damages of any kind caused, directly or indirectly, in whole or in part by your participation in, or preparation for, the Contest, Contest-related activity, your Entry or resulting from the acceptance, possession, quality, execution, utilization or misuse of a Prize (or any portion thereof within the scope of such Prize), or any activity related thereto.

12.5. You are solely responsible for your Entry and your Entry and the consequences of Sponsor using or publishing such Entry as stipulated herein.

12.6. The Entry was taken or created by you and you own all rights and title, or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, as necessary to participate in the Contest, to comply with the Rules and enable Sponsor to use it as indicated in these Rules.

12.7. Your Entry and all elements and content that appear in your Entry do not and will not infringe the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity.

12.8. The Entry does not violate the Rules or any applicable federal, provincial and local laws, rules and regulations and does not contain any content which is unlawful for you to possess, post or disseminate in the country in which you reside, or which would be unlawful for Sponsor to use or possess in connection with the Contest, or which violates any contractual or fiduciary rights, duties, or agreements by which you are bound.

12.9. Should you win a Prize, you further represent and warrant and agree:

12.9.1. To fully cooperate with Sponsor, be available for interviews, and provide information and access to elements featured within your Entry, which Sponsor may need in connection thereto (the “Entry Element(s)”). Should the display of any Entry Element require the consent of any third party, you shall be responsible to (i) inform Sponsor of the need to such consent and (ii) obtain such consent in writing.

12.9.2. You shall provide Sponsor with additional details relating to your Entry, including your personal details and biography and other details as shall be reasonably requested by the Sponsor.

12.9.3. You shall keep in strict confidence your winning and not disclose to any third party any detail related to a Prize and/or your selection as the Winner, until your winning is announced publicly, as specified in Section 7.1 above.

12.9.4. You shall promptly and fully cooperate with Sponsor in connection with any requests and requirements Sponsor may present you regarding your execution of a Prize and usage of your Participant Content and Likeness, including, without limitation, requests to limit the publication or distribution of the Entry and/or any of the Participant Content or Likeness to any specific media or channels, or to remove the Participant Content or Likeness entirely from any media.

12.9.5. If Winner fails within any indicated time period to comply with Section 12.9 or otherwise cooperate with Sponsor as required, Sponsor reserves the right to disqualify the Winner and refuse to provide the Prize to the Winner and either forfeit the Prize or grant it to a runners-up potential winner, at Sponsor’s sole discretion.

13. SUSPENSION / MODIFICATION / TERMINATION

13.1. If Sponsor is prevented from continuing with the Contest by any event or cause beyond its control, e.g., events of nature, interference by humans, non-humans or entities unrelated to Sponsor (including but not limited to DDoS attacks, bot/script attacks, or heavy volume use that crashes or severely hinders access to the Contest) and/or acts of government (each a “Force Majeure” event or occurrence), Sponsor shall have the right to modify, suspend or terminate the Contest. Additionally, Sponsor shall have the right to suspend, modify or terminate the Contest as may be reasonably required in order to comply with these Rules and any applicable law, or otherwise at Sponsor’s sole discretion.

13.2. If the Contest is terminated, the Sponsor, in its sole and absolute discretion, may select Winners from all eligible Entries received prior to termination, or forfeit any Prize, at its sole discretion.

14. GOVERNING LAW

14.1 Except where prohibited, all issues and questions concerning the construction, validity, interpretation, and enforceability of these Rules, or the rights and obligations of entrants or winners, Sponsor, and administrator in connection with this Contest, shall be governed by, and construed in accordance with, the laws of the Ontario, without giving effect to any choice of law or conflict of law rules or provisions (whether of the Province of Ontario or any other jurisdiction), which might otherwise cause the application of the laws of any jurisdiction other than the Province of Ontario. Any action seeking legal or equitable relief arising out of or relating to the Contest or these Rules shall be brought only in the courts of the Province of Ontario. You hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non-convenience or lack of personal jurisdiction they may have.

14.2 For Québec Entrants: Any litigation respecting the conduct or organization of this Contest may be submitted to the Régie des alcools, des courses et des jeux (the “Régie”) for a ruling. Any litigation respecting the awarding of a Prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.

14.3 Void where prohibited by law.

15. LIMITATION OF LIABILITY/DISCLAIMER OF WARRANTIES

15.1. BY ENTERING THE CONTEST, YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY CLAIMS WILL BE LIMITED TO ACTUAL THIRD PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (2) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN ANY AWARD FOR PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (3) YOU IRREVOCABLY WAIVE ANY RIGHT TO SEEK EQUITABLE RELIEF.

15.2. YOU UNDERSTAND AND AGREE THAT THE PRIZE IS AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE. SPONSOR AND RELEASED PARTIES EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES OF PERFORMANCE, QUALITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THAT THE BROADCAST OF THE PRIZE WILL RESULT IN ANY PARTICULAR AMOUNT OR LEVEL OF REVENUE OR INCOME.

15.3. YOU UNDERSTAND AND AGREE THAT PARTICIPATION IN THIS CONTEST (AND, IN CASE YOU ARE A WINNER, YOUR PARTICIPATION AND EXECUTION OF THE PRIZE) IS AT YOUR OWN DISCRETION AND RISK. YOU UNDERSTAND THAT SPONSOR AND RELEASED PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, TIMELINESS, AVAILABILITY AND/OR PERFORMANCE OF ANY ELEMENT OF THIS CONTEST OR ANY PRIZE. SPONSOR AND RELEASED PARTIES DISCLAIM ANY LIABILITY FOR DAMAGE TO ANY COMPUTER SYSTEM OR LOSS OF 10 DATA RESULTING FROM ACCESS TO OR THE DOWNLOAD OF INFORMATION OR MATERIALS CONNECTED WITH THE CONTEST.

16. MISCELLANEOUS

16.1. All Participants must bear all expenses incurred by them in connection with participation in the Contest (including, without limitation, the costs associated with Internet access).

16.2. Participants submitting documents and/or information to receive a Prize to the Sponsor shall be responsible for their authenticity and accuracy.

16.3. The invalidity of any provision of these Rules will not affect the validity of any other provision. In the event that any provision of the Rules is determined to be unenforceable, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid provision was not contained here. Sponsor’s failure to enforce any term of these Rules will not constitute a waiver.

16.4. Sponsor’s computer will be the official clock of the Contest.

16.5. Headings are solely for convenience and will not be deemed to affect the meaning of this document.

16.6. By entering the Contest, you accept and agree to Gilead’s Privacy Policy and the Website’s Terms of Service and undertake to comply with any and all applicable federal, provincial and local laws, rules and regulations.

16.7. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials, Privacy Policy or Terms of Service and/or the terms and conditions of the Rules, the Rules shall prevail, govern and control.

END

ENTER COMPETITION

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CONTEST RULES

Gilead’s “C Beyond” Art Contest” 2020 CONTEST OFFICIAL RULES (the “Rules”)

THIS IS A SKILL-BASED CONTEST. VOID WHERE PROHIBITED. NO PURCHASE NECESSARY TO ENTER OR WIN.

IMPORTANT: Please read these Rules before entering this Contest. By participating in this Contest, you agree to be bound by these Rules.

1. SPONSOR The Gilead “C Beyond” Art Contest” (the “Contest”) is sponsored and administered by Gilead Sciences Canada Inc. (the “Sponsor” or “Gilead”) with a principal place of business at 6711 Mississauga Road, Suite 600, L5N 2W3, Mississauga, Ontario, Canada.

2. ELIGIBILITY The Contest is open only to persons (“Participant/s”) who: (i) are legal residents and are physically located and reside in any province or territory of Canada in which this type of contest is permitted; and (ii) are at least eighteen (18) years of age, or have reached the age of majority in his or her jurisdiction of residence at the time of entry, whichever is greater. Employees of Sponsor and their respective parents, affiliates, subsidiaries, distributors, directors, officers, and each of their immediate family members and/or those living in the same household of each are not eligible to enter the Contest. Furthermore, Judges (as defined below) and prescribers of hepatitis C drug products or other medication or forms of treatment (or employees of entities prescribing such products or services) are also not eligible to enter the Contest. By participating, you agree to these Rules and to the decisions of the Judges and Sponsor, which are final and binding in all respects. This Contest is void where prohibited by law. All applicable federal, provincial and local laws and regulations apply.

3. TIMING The Contest will consist of three (3) phases, as detailed below: (i) the Contest Entry (the “Entry Period”): begins at 8:00:00 AM EDT on November 18, 2020 and ends at 11:59:59 PM EDT on January 10, 2021; (ii) the Judging Period: begins at 12:00:00 AM EDT on January 14, 2021 and ends at 11:59:59 PM EDT of the same day; (iii) the Winner Announcement: the Grand Prize Winner (as defined below) will be announced on February 8, 2021.

4. HOW TO PARTICIPATE

4.1. The Contest will determine which Participant has the best combination of inspiration, visual storytelling quality, creativity and originality during the Entry Period, all subject to the judgment criteria exercised by the Judges as specified in Section 5 below. To enter the Contest, you must upload a copy of your artwork (in a generally recognizable format such as .jpeg, .bmp, .png or .pdf (which artworks can be an original visual work, image, painting or photograph) and, if you wish (but not as a requirement), an associated descriptive written story submission in English of a maximum of 250 characters (“Submission Package”) showing and explaining how you can inspire others to continue using safe practices and be proud of curing hepatitis C through one of the following ways: (1) on the contest page on Gilead’s website (the “Website”), available at www.CBeyondHCV.com (the “Contest Page”), (2) by email at [email protected], (3) through text messaging at [(289)273-6186] (please note that service charges from your carrier may apply) and (4) by mail at the following address: C Beyond Art Contest C/O LSD The Agency, Inc. [602 Mount Pleasant Rd. Toronto, ON. M4S 2M8].

4.2 The artwork forming part of the Submission Package must be an original work of each entrant and must not contain product-specific or brand-related artwork, such as drug logos, pictures of logos, depictions of a distinctive tablet shape, and any other trademarks, trade names or indicia or source or origin of an existing drug product, service or other medical equipment, including, without limitation, any artwork that reproduces or incorporates a third party’s trademarks or branding. Entries that breach this condition will be disqualified.

4.3. Upon posting successfully your unique Submission Package on the Contest Page in accordance with these Rules, you shall be considered to have submitted an entry to the Contest (“Entry” or “Entries”). An Entry is “received” when the Entry is published on the Contest Page according to these Rules and remains accessible at least throughout five (5) business days following the end of the Entry Period. Proof of submitting an Entry will not be deemed to be proof of receipt by Sponsor. All Entries must adhere to the Requirements of Contest Entries found below to be valid. The odds of winning depend on the number and quality of Entries received, as well as an adherence to the judging criteria listed in section 5.

4.4. During the Entry Period and Judgment Period, Participants must maintain the Entry used to enter the Contest in substantially the same form as at the time of entry into the Contest.

4.5. Sponsor has no obligation to advise you of an incomplete or otherwise non-compliant Entry. You are solely responsible for internet connectivity, software and/or hardware that may be required in order to create and/or submit your Entry.

4.6. Entries will be deemed to be made by the person providing the Submission Package containing the Entry through any of the means described in Section 4.1. Sponsor shall be entitled to use its best judgment, in its sole discretion, to determine the rightful owner of the winning Entry, and each Participant hereby remises, releases and discharges the Sponsor, to the fullest extent permitted by law, from all liabilities, obligations, claims and demands whatsoever arising out of any such determination of the rightful owner of the winning Entry by Sponsor. Sponsor may run multiple campaigns, contests, sweepstakes or other promotions simultaneously and Sponsor is not responsible for Entries incorrectly posted on the Contest Page or elsewhere. Entry into one (1) promotion does not constitute entry into any other.

4.7. Entries to the Contest must not contain content and/or offer products or services for sale that (i) are sexually explicit, violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; (ii) promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing) or a particular political agenda; (iii) are obscene or offensive; (iv) defame, misrepresent or contain disparaging remarks about other people or companies; (v) contain trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others without the proper license or consent; (vi) violate the rights of any other person or entity by using their names or images, or featuring or referring to any recognizable person, without such person’s informed consent thereto; (vii) violate 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); (viii) contain content that denigrates, disparages or reflects negatively on the Sponsor; and/or (ix) violate any law or any legal terms applicable to such Entry, including the Gilead guidelines (or any other social media platform guidelines, as the case may be).

4.8. Each Participant may submit only one (1) Entry to this Contest. For the avoidance of doubt, any Participants found to be submitting more than one (1) Submission Package may be disqualified. Entries that are removed, hidden or deleted from public viewing on the Website prior to date of winner verification will be disqualified.

4.9. You are not required to “like” or follow Gilead on any social media pages or to pay any entrance fee in order to participate in the Contest or to be eligible for a Prize (as defined below), and any such action or payment will not increase or improve your chances of winning.

4.10. At the request of the Sponsor, Participant must provide a copy of a driver's license or passport for identification, age confirmation and the reliability of the information provided with the Entry, and any other documentation required by Sponsor to verify compliance. In case Participant fails to provide the Sponsor with such documentation within three (3) days from the date of the request, or in case false or incomplete information is provided with the Entry or other violation of the Rules or law, the Sponsor has the right to disqualify the Entry, prohibit such Participant from further participation in the Contest in any way and in any other promotion held by the Sponsor.

4.11 Sponsor is not responsible for problems with the submissions, including, but not limited to, lost, late, incomplete, invalid, unintelligible, or misdirected entries, which will be disqualified. Sponsor reserves the right, in its sole discretion, to modify, suspend, or cancel the Contest at any time, and select the Winner from the entries received prior to the modification, suspension, or cancellation. Sponsor agrees to take such action in a fair and appropriate manner. In addition, Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the submission process or the operation of the Contest or to be acting in violation of these Rules or any other promotion, or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage any other entrant’s submission or undermine the legitimate operation of the Contest is a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Rules shall not constitute a waiver of that provision.

4.12. SPONSOR RESERVES THE RIGHT TO DISQUALIFY FROM THE CONTEST ANY ENTRY WHICH DOES NOT COMPLY WITH THESE RULES, OR FOR ANY OTHER REASON, AS SPONSOR DEEMS FIT, AT SPONSOR’S SOLE AND ABSOLUTE DISCRETION.

5. DETERMINING THE WINNERS

5.1. The Contest shall have ten (10) finalists (each a “Finalist” and collectively, the “Finalists”) and one (1) winner of the Top Prize (a “ Top Prize Winner”) and nine (9) winners of the “Honourable Mention” prizes (“Honourable Mention Winners”) who will be awarded the corresponding Prizes described below (collectively, the “Winners” and each a “Winner”). The Finalists, Top Prize Winner and Honourable Mention Winners will be chosen by a multi-disciplinary panel of 7 judges who shall either be Sponsor’s employees, artists, and/or pharmaceutical industry stakeholders (the “Judges”).

5.2. The Prize (as defined below) will be chosen by the Judges based on the following criteria, with respect to each Entry during the Entry Period with a relative weight to each criterion. The Judges will award each Participant a confidential score, calculated as per the below:

- Inspiration – Does the entire Submission Package comprised of an artwork, image or photograph and accompanying text inspire others to continue using safe practices and be proud of curing hepatitis C? (25%)

- Visual Storytelling Quality – Is the artwork, image or photograph forming part of the Submission Package or what it represents clear from a visual storytelling standpoint at first sight or after reading the associated story? (25%)

- Creativity and Originality – The creativity and artistic originality of how a Participant brings together the various elements of their recovery journey will be considered and assessed. If a written “story” is submitted, it may be leveraged when assessing creativity and originality as well. (50%)

In the event of a tie, the Entry with the highest score in the Creativity and Originality category will be deemed the Winner. Sponsor will not communicate and Participants may not request their individual scores.

5.3. Between 12:00:00 AM EDT on January 14, 2021 and 11:59:59 PM EDT on the same day, the Judges will review the Entries received within the Entry Period and select the Winner, as described in Section 5.1 above (the “Judging Period”). During the Judgment Period, Participants must maintain their Entry in substantially the same form as at the time of Entry. Any modifications made by a Participant to his/her Entry during the Judgment Period may or may not be seen by the Judges and Sponsor makes no guarantees or warranties in this respect.

6. PRIZES

6.1. The prizes awarded further to this Contest in accordance with these Rules shall be as follows:
- One (1) Top Prize:
· 1 x $250 VISA® Gift Card mailed to the Top Prize Winner;
· 1 hour of time on a virtual platform with a creative agency to brainstorm and design an art token based on the winning submission;
· Possibility for winning submission to be published in a national media outlet; and
· Opportunity for Top Prize Winner to tell their story featured at an upcoming virtual art gallery, at the discretion of the Top Prize Winner. 

This package is valued at an approximate retail value of 525$

- There will also be nine (9) « Honourable Mention » prizes, each comprised of a $100 VISA® gift card mailed to each of the nine (9) Honourable Mention Winners.

(collectively, the “Prizes”)

6.2. The Prize is non-transferable, with no additional cash redemptions, equivalents or substitutions except at Sponsor’s sole and absolute discretion. All Prize details not specified in these Rules will be determined in Sponsor’s sole and absolute discretion.

6.3. The Winners will be solely responsible for all federal, provincial, and/or local taxes according to the laws and regulations applicable in such Winner’s country of residence, and for any other fees, costs and other arrangements associated with the Prize which are not explicitly provided by Sponsor as set forth herein.

7. WINNERS NOTIFICATIONS AND PRIZE CLAIMING

7.1. Sponsor will announce the potential Winner on February 8, 2021 on the Contest Page and other public relations channels, at Sponsor’s sole discretion, and will notify the potential Winner via email (where applicable) or by any other method as Sponsor sees fit at its discretion.

7.2. Sponsor has complete discretion over interpretation of the Rules and administration of the Contest. Selection of the Winner is at the complete discretion of the Judges. Decisions concerning the selection of the Winner will be final.

7.3. The potential Winner will be required to comply with all instructions provided by Sponsor within the timeframe specified in Sponsor’s notices to potential Winner.

7.4. Sponsor may conduct a background check to confirm any potential Winner’s eligibility and compliance with these Rules. By entering, you agree to cooperate reasonably with any such background check. If a background check reveals that a potential Winner is not in compliance with the requirements hereunder, or has engaged in conduct that could damage the reputation or business of the Sponsor as determined by Sponsor in its discretion, the potential Winner may be disqualified and the respective Prize may be awarded to the runner-up potential winner, or forfeited, at Sponsor’s discretion.

7.5. The potential Winner shall be required to submit a signed certificate of eligibility / assumption of liability and indemnification / prize acceptance agreement (the “Prize Acceptance Agreement”), and return same within the time period specified as notified before being eligible to receive her or his Prize.

7.6. If a potential Winner fails within any indicated time period to (1) respond to any notification or communication of Sponsor; (2) claim and collect their Prize; (3) comply with any request for additional information; (4) cooperate with a background check if required; (5) timely submit a Prize Acceptance Agreement; or (6) otherwise cooperate with Sponsor as required, Sponsor reserves the right to disqualify the Winner and refuse to provide the respective Prize to such Winner and either forfeit the respective Prize or grant it to a runner-up potential winner, at Sponsor’s sole discretion.

8. PRIVACY AND CONTEST COMMUNICATIONS

8.1. Except as specifically stated herein, participation in the Contest and the personal information collected from Participants during the Contest are subject to Sponsor’s Privacy Policy and Terms of Service as published on the Website.

8.2. By entering this Contest, you understand that Sponsor may use your personal information (including name and email address) for administration of the Contest, the fulfillment of Prize and for marketing purposes. You expressly consent to the use of your information by Sponsor and its advertising or promotion agencies for such purposes, and to the use of your Entry by the Judges for judging and fulfillment of Prize purposes.

9. PUBLICITY RELEASE

9.1. Except where prohibited, and subject to your prior written contest (email sufficient), Sponsor may use your name, username, photograph, video and voice recording, any other likeness, Entry details and any other communications or comments related to the Contest (collectively, “Likeness”) for publicity purposes, in any and all media, now known or hereafter devised, without payment to you.

9.2. Upon Sponsor’s request, each Participant must be prepared to provide (within the timelines specified at such request made by Sponsor) a signed release or consent form from any person who appears, and/or owner of any property featured or displayed in the Entry, as requested by the Sponsor, and/or from the owner of any material that appears in such specific Entry, authorizing Sponsor to use such Entry as stipulated herein. All releases must be in the form provided by Sponsor or satisfactory to Sponsor.

10. INTELLECTUAL PROPERTY

10.1. The Contest Rules, the Contest, the Contest Page, and any promotional and marketing materials related thereto and all related web pages, content and code are the property of the Sponsor. The copying or use of any of those materials, associated trademarks or any other intellectual property without the express written consent of the Sponsor is strictly prohibited

10.2. By submitting content to Sponsor, including but not limited to your Entry (“Participant Content”), you represent and warrant that you own all rights in and to any Participant Content or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the Participant Content, as necessary to legally use, publish, transfer or license any and all rights and interests in and to such Participant Content and that it does not infringe or violate any third party rights, including for greater certainty, third-party registered or unregistered trade-marks, trade names, copyright, logos, brands, designs, or other indicia of source, identity or origin.

10.3. Notwithstanding anything to the contrary in Gilead’s Terms of Service or any other terms related to the Participant Content, you hereby grant to Sponsor an exclusive, worldwide, sublicensable, perpetual, fully paid-up, royalty-free and irrevocable right and license in and to the Participant Content, and to produce, reproduce, copy, display or adapt the Participant Content (or any portion thereof) in any material form whatever and on any medium for non-commercial and non-promotional exploitation purposes and in the context Sponsor’s current and future media campaigns for the promotion of hepatitis C awareness, including, without limiting the generality of the foregoing, used to design the creative of a harm reduction kit, be featured in a Toronto-based art gallery, in a clinic-based art roadshow and featured at booth at national liver conference. You also hereby agree that this license allows the Sponsor to use, adapt or otherwise modify the Participant Content, or any portion thereof, in the design of products and services offered to the public, without any compensation to you. Further, you hereby waive all moral rights in and to your Participant Content and any other information or materials provided by you (and each component thereof) in favour of the Sponsor (and anyone authorized by the Sponsor to use such materials).

10.4. Notwithstanding anything to the contrary in Gilead’s Terms of Service or any other terms related to the Participant Content, you may from time to time provide any suggestions, comments, feedback or learnings relating or in any way derived from the Participant Content (“Feedback”), including any suggestions for, or feedback concerning, improvements, modifications, corrections, enhancements, derivatives or extensions, as well as branding, business or marketing ideas. Sponsor will have an exclusive, worldwide, sublicensable, perpetual, fully paid-up, royalty-free and irrevocable right and license to use and exploit the Feedback, including the commercialization and development of improvements based on the Feedback, and Sponsor will own such improvements and any intellectual property rights therein, based on the Feedback.

10.5. Any use or publication of an Entry or a Participant Content by Sponsor for any reason whatsoever will be subject at the sole discretion of Sponsor, provided, however, that Sponsor shall be under no obligation to promote or publish any Entry on any specific online channels or on specific timelines and durations, all of which shall remain at Sponsor’s full discretion.

10.6. Any display or publication of any Entry on Sponsor’s website or on any other channels and/or any other usage as aforesaid, does not indicate in any way that the Participant will be selected as a Winner or has better chances to be selected as a Winner and Sponsor will not be required to pay any additional consideration or seek any additional approval in connection with such use.

10.7. You covenant and agree to sign such further documents as may be reasonably required to confirm such rights belonging to Sponsor in accordance with this section.

11. RELEASE

11.1. Subject to Section 10.4 above, by participating in the Contest, you agree to release in perpetuity the Sponsor and each of their respective subsidiaries, affiliates, agents, representatives, and each of their directors, officers, employees, agents, successors and assigns (collectively, the “Released Parties”), from any claims, demands, liability, costs, losses, damages or injuries of any kind arising out of or related directly or indirectly to your participation in the Contest, Contest-related activity, your Entry and your winning a Prize (as the case may be), including, without limitation with respect to claims of copyright or trademark infringement, false endorsement, libel, slander, defamation or infringement of rights of publicity or privacy and any deletion or failure to store any Entries and other communications related to the Contest.

11.2. Subject to Section 10.4 above, you agree that the Released Parties: (i) have neither made nor will be responsible for any warranty, express or implied, in connection with the Contest (including, without limitation, with the Prize); (ii) will not be responsible or liable for any injury that may be caused by the wrongful act of any other person or entity, including Contest Participants or the Winner, and by any cause whatsoever beyond the control of the Released Parties, and (iii) will not be responsible for lost, late, stolen, garbled, delayed, undelivered, or misdirected entries, for incorrect, inaccurate or incomplete entry information whether caused by a Participant, equipment, or technical malfunction or for any human error, technical error or malfunctions.

11.3. You hereby assume full responsibility towards the Released Parties for your compliance with applicable laws, regulations and ordinances.

11.4. You agree that Released Parties are not responsible for any technical, computer, network, typographical, printing, human or other errors relating to or in connection with this Contest, including, without limitation, errors or problems which may occur in connection with the offer or administration of this Contest, the processing of Entries or any errors appearing in any online platform, Contest related-materials including, but not limited, to errors in advertising, the Rules, the selection and announcement of the Winners or the quality and/or components of a Prize.

11.5. Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Entries. The Released Parties are not responsible for any problems or technical malfunction of any telephone network, cable, satellite, wireless, Internet Service Provider (ISP) or lines, computer systems, servers, providers, computer equipment, software, malfunctions of wireless devices, wireless service problems, cellular tower equipment, failure of any email or entry to be received on account of technical problems or traffic congestion on the internet or at any website or wireless service congestion, or any combination thereof, including any injury or damage to Participant’s or any other person’s computer related to or resulting from participation or downloading any materials in this Contest.

12. YOUR REPRESENTATIONS, WARRANTIES AND INDEMNITY By submitting an Entry into the Contest you represent, warrant, undertake and agree that:

12.1. You have read, understand and undertake to fully comply with these Rules.

12.2. You have the right and the legal standing to agree to and be bound by these Rules and to enter and register to the Contest.

12.3. You comply with any and all applicable laws, rules and regulations, and you have obtained all necessary permits, consents and approvals to participate in this Contest. You maintain an insurance policy and insurance coverage as appropriate and necessary for the participation herein.

12.4. You agree to indemnify, hold harmless the Released Parties from any and all claims, demands, losses, promises, causes of action and/or liabilities for any injuries, losses, death, or damages of any kind caused, directly or indirectly, in whole or in part by your participation in, or preparation for, the Contest, Contest-related activity, your Entry or resulting from the acceptance, possession, quality, execution, utilization or misuse of a Prize (or any portion thereof within the scope of such Prize), or any activity related thereto.

12.5. You are solely responsible for your Entry and your Entry and the consequences of Sponsor using or publishing such Entry as stipulated herein.

12.6. The Entry was taken or created by you and you own all rights and title, or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, as necessary to participate in the Contest, to comply with the Rules and enable Sponsor to use it as indicated in these Rules.

12.7. Your Entry and all elements and content that appear in your Entry do not and will not infringe the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity.

12.8. The Entry does not violate the Rules or any applicable federal, provincial and local laws, rules and regulations and does not contain any content which is unlawful for you to possess, post or disseminate in the country in which you reside, or which would be unlawful for Sponsor to use or possess in connection with the Contest, or which violates any contractual or fiduciary rights, duties, or agreements by which you are bound.

12.9. Should you win a Prize, you further represent and warrant and agree:

12.9.1. To fully cooperate with Sponsor, be available for interviews, and provide information and access to elements featured within your Entry, which Sponsor may need in connection thereto (the “Entry Element(s)”). Should the display of any Entry Element require the consent of any third party, you shall be responsible to (i) inform Sponsor of the need to such consent and (ii) obtain such consent in writing.

12.9.2. You shall provide Sponsor with additional details relating to your Entry, including your personal details and biography and other details as shall be reasonably requested by the Sponsor.

12.9.3. You shall keep in strict confidence your winning and not disclose to any third party any detail related to a Prize and/or your selection as the Winner, until your winning is announced publicly, as specified in Section 7.1 above.

12.9.4. You shall promptly and fully cooperate with Sponsor in connection with any requests and requirements Sponsor may present you regarding your execution of a Prize and usage of your Participant Content and Likeness, including, without limitation, requests to limit the publication or distribution of the Entry and/or any of the Participant Content or Likeness to any specific media or channels, or to remove the Participant Content or Likeness entirely from any media.

12.9.5. If Winner fails within any indicated time period to comply with Section 12.9 or otherwise cooperate with Sponsor as required, Sponsor reserves the right to disqualify the Winner and refuse to provide the Prize to the Winner and either forfeit the Prize or grant it to a runners-up potential winner, at Sponsor’s sole discretion.

13. SUSPENSION / MODIFICATION / TERMINATION

13.1. If Sponsor is prevented from continuing with the Contest by any event or cause beyond its control, e.g., events of nature, interference by humans, non-humans or entities unrelated to Sponsor (including but not limited to DDoS attacks, bot/script attacks, or heavy volume use that crashes or severely hinders access to the Contest) and/or acts of government (each a “Force Majeure” event or occurrence), Sponsor shall have the right to modify, suspend or terminate the Contest. Additionally, Sponsor shall have the right to suspend, modify or terminate the Contest as may be reasonably required in order to comply with these Rules and any applicable law, or otherwise at Sponsor’s sole discretion.

13.2. If the Contest is terminated, the Sponsor, in its sole and absolute discretion, may select Winners from all eligible Entries received prior to termination, or forfeit any Prize, at its sole discretion.

14. GOVERNING LAW

14.1 Except where prohibited, all issues and questions concerning the construction, validity, interpretation, and enforceability of these Rules, or the rights and obligations of entrants or winners, Sponsor, and administrator in connection with this Contest, shall be governed by, and construed in accordance with, the laws of the Ontario, without giving effect to any choice of law or conflict of law rules or provisions (whether of the Province of Ontario or any other jurisdiction), which might otherwise cause the application of the laws of any jurisdiction other than the Province of Ontario. Any action seeking legal or equitable relief arising out of or relating to the Contest or these Rules shall be brought only in the courts of the Province of Ontario. You hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non-convenience or lack of personal jurisdiction they may have.

14.2 For Québec Entrants: Any litigation respecting the conduct or organization of this Contest may be submitted to the Régie des alcools, des courses et des jeux (the “Régie”) for a ruling. Any litigation respecting the awarding of a Prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.

14.3 Void where prohibited by law.

15. LIMITATION OF LIABILITY/DISCLAIMER OF WARRANTIES

15.1. BY ENTERING THE CONTEST, YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY CLAIMS WILL BE LIMITED TO ACTUAL THIRD PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (2) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN ANY AWARD FOR PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (3) YOU IRREVOCABLY WAIVE ANY RIGHT TO SEEK EQUITABLE RELIEF.

15.2. YOU UNDERSTAND AND AGREE THAT THE PRIZE IS AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE. SPONSOR AND RELEASED PARTIES EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES OF PERFORMANCE, QUALITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THAT THE BROADCAST OF THE PRIZE WILL RESULT IN ANY PARTICULAR AMOUNT OR LEVEL OF REVENUE OR INCOME.

15.3. YOU UNDERSTAND AND AGREE THAT PARTICIPATION IN THIS CONTEST (AND, IN CASE YOU ARE A WINNER, YOUR PARTICIPATION AND EXECUTION OF THE PRIZE) IS AT YOUR OWN DISCRETION AND RISK. YOU UNDERSTAND THAT SPONSOR AND RELEASED PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, TIMELINESS, AVAILABILITY AND/OR PERFORMANCE OF ANY ELEMENT OF THIS CONTEST OR ANY PRIZE. SPONSOR AND RELEASED PARTIES DISCLAIM ANY LIABILITY FOR DAMAGE TO ANY COMPUTER SYSTEM OR LOSS OF 10 DATA RESULTING FROM ACCESS TO OR THE DOWNLOAD OF INFORMATION OR MATERIALS CONNECTED WITH THE CONTEST.

16. MISCELLANEOUS

16.1. All Participants must bear all expenses incurred by them in connection with participation in the Contest (including, without limitation, the costs associated with Internet access).

16.2. Participants submitting documents and/or information to receive a Prize to the Sponsor shall be responsible for their authenticity and accuracy.

16.3. The invalidity of any provision of these Rules will not affect the validity of any other provision. In the event that any provision of the Rules is determined to be unenforceable, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid provision was not contained here. Sponsor’s failure to enforce any term of these Rules will not constitute a waiver.

16.4. Sponsor’s computer will be the official clock of the Contest.

16.5. Headings are solely for convenience and will not be deemed to affect the meaning of this document.

16.6. By entering the Contest, you accept and agree to Gilead’s Privacy Policy and the Website’s Terms of Service and undertake to comply with any and all applicable federal, provincial and local laws, rules and regulations.

16.7. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials, Privacy Policy or Terms of Service and/or the terms and conditions of the Rules, the Rules shall prevail, govern and control.

END

PRIZES

All winners will be showcased online in our C Beyond Artwork Gallery!

1st Place

The first-place winner will receive a grand prize of:

a $250 VISA gift card,
their artwork published in national media, and
the opportunity to collaborate with a creative agency to further make your artwork come to life!

Nine second place winners will receive a $100 VISA gift card and may be showcased on various media outlets.

Winner NOTIFICATION

We will notify the winning participants by phone or email on February 8, 2021.

PRIZES

All winners will be showcased online in our C Beyond Artwork Gallery!

1st Place

The first-place winner will receive a grand prize of:

a $250 VISA gift card,
their artwork published in national media, and
the opportunity to collaborate with a creative agency to further make your artwork come to life!

Nine second place winners will receive a $100 VISA gift card and may be showcased on various media outlets.

Winner NOTIFICATION

We will notify the winning participants by phone or email on December 11, 2020.