2017 QuantiaMD.com Case Contest Rules
Quantia, Inc. ("Quantia") has established a contest to grow its base of expert presenters and engage current and future members and users of QuantiaMD.com (the "Case Contest"). The Case Contest seeks submissions and presentations of cases from eligible healthcare providers that showcase a challenging diagnosis, an unusual presentation of a common issue, or a practice-challenging question. One submission will be selected as the winner (the "Winner") and awarded a $1,000.00 Amazon gift card, pursuant to and in accordance with the conditions provided herein, including, but not limited to, the development of the Winner’s submission into a presentation for inclusion on the QuantiaMD.com and other platforms.
Please read these rules carefully prior to entering the Case Contest to ensure you understand and agree, and you may not participate if you do not agree with these rules. You agree that any submission in the Case Contest constitutes your agreement to these rules, and you agree to be bound by these rules and represent that you satisfy the eligibility requirements provided herein. If you do not agree, you may not submit an entry and are not eligible to receive the prize described herein. These rules form a binding legal agreement between you and Quantia with respect to the Case Contest.
Quantia reserves the right to change these rules at any time and without notice to you. All dates provided herein are subject to change by Quantia.
NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. VALID IN THE UNITED STATES AND THE DISTRICT OF COLUMBIA ONLY. ENTRY IN THE CASE CONTEST CONSTITUTES YOUR ACCEPTANCE OF THESE RULES.
- Key teaching points of your case (1 sentence);
- Brief description of the case describing key information (3-5 sentences);
- Supporting images (paste in email or attach .jpg);
- You name, title, institution, and specialty; and
- Your phone number and email address.
Any submission that is received after the date stated above may be accepted and reviewed by Quantia, but will not be included as a submission for the Case Contest and the determination of the Winner. You may submit more than one entry, but each entry must be a separate submission.
2. Determination of Winner. The Winner will be determined by a combination of the QuantiaMD.com community ("Voting Community") and the QuantiaMD.com editorial staff in conjunction with selected Quantia faculty members (the described editorial staff and faculty members, "Judges"). The Judges will review the submissions and decide upon three (3) finalists to be provided to the Voting Community based upon the materials submitted and the benefit. The criteria used by the Judges shall include, but not be limited to, relevance to clinical practice, overall educational value, and quality of the submitted materials. Any such finalist which does not provide their final submission materials within the deadline provided by Quantia shall be removed from consideration as a finalist.
The submissions of such finalists shall be provided to the Voting Community for their consideration. Each member of the Voting Community shall be afforded one (1) vote which he or she will be invited to cast for one of the three (3) finalists in accordance with any judgement criteria, voting rules and/or procedures established by Quantia, which may be provided by Quantia.
The submission out of the three (3) finalists that receives the most votes from the Voting Community will be the Winner, subject to verification of eligibility and compliance with these rules. In the event of a tie vote, the Judges will cast the final vote to determine the Winner based on the criteria set forth above.
Only one (1) vote per member of the Voting Community will be accepted. Any attempt to use multiple or different e-mail addresses, login credentials, or any other method to vote more than once, or in any other violation of these rules, will void that member of the Voting Community’s vote. You may encourage members of the Voting Community to vote for your submission, but you (and any other person on your behalf) are prohibited from soliciting or obtaining votes by any fraudulent or inappropriate means, which include, without limitation, offering payments, reciprocal votes, or other compensation or inducements of any kind. Quantia reserves the right to void any and all such votes made by such means and to disqualify the responsible participant(s).
The Winner will be contacted by Quantia by June 23, 2017.
Other entrants who are not the Winner may be contacted by Quantia regarding their submission for further development and inclusion on the QuantiaMD.com platform as provided herein ("Select Entrants").
All decisions of the Judges and the Voting Community are final, and the determination of the Winner and any Select Entrants who are contacted in connection with this Case Contest are at the sole and exclusive discretion of the Judges and the Voting Community.
The award of the prize to the Winner is contingent upon the Winner complying with the requirements provided in these rules.
3. Development and Intellectual Property. The Winner, in order to be awarded the prize, must develop his or her submitted case for publication and promotion on QuantiaMD.com and other affiliated platforms, including, but not limited to, the creation of a brief PowerPoint™ presentation and digital audio file of approximately 3 to 5 minutes in length containing at least one (1) multiple choice question related to the image. Additionally, Select Entrants may be contacted by Quantia to also develop their respective submissions for publication and promotion, as described above. As between Quantia and you, you retain ownership of all intellectual property rights (including moral rights) in and to your submission (excluding Quantia’s rights in any Quantia trademark); provided, however, you will cooperate with Quantia to meet any publishing guidelines, such as presentation format or length. As a condition of entry, you grant Quantia a perpetual, irrevocable, worldwide, transferable, royalty-free, and exclusive license to use, reproduce, adapt, modify, publish, distribute, publicly perform, create a derivative work from, and publicly display your submission and any subsequent presentation provided to Quantia regarding your submission for any purpose, including display on the QuantiaMD.com website, without any additional compensation to you. Quantia retains all rights in Quantia’s products and services, and entry into the Case Contest will in no case serve to transfer any Quantia intellectual property rights to you.
4. Prize and other Payments. The prize consists of one (1) $1,000.00 Amazon gift card. The Winner who accepts the prize and any Select Entrants who accepts further participation grant Quantia permission to use their names and likenesses on all Quantia and QuantiaMD.com advertising and promotional materials, in any form of media, including but not limited to the website, Facebook, and Twitter, in Quantia’s sole discretion. Any and all federal, state, and local taxes and all other costs and expenses associated with acceptance and use of the prize are the Winner’s sole responsibility. The prize is non-transferrable, non-exchangeable, and non-refundable, and must be accepted by the Winner as awarded. The odds of winning the prize depend on the number and quality of eligible submissions received.
5. Eligibility. To be eligible to enter the Case Contest, you must: (a) be a U.S. citizen or a legal U.S. resident and must be able to show proof of legal residence, if requested; (b) a licensed clinician in good standing in at least one of the fifty (50) U.S. states or the District of Columbia; (c) be a registered user of QuantiaMD.com or register to be a user in conjunction with your submission; (d) be older than eighteen (18) years of age; and (e) meet all other requirements in these rules. The Case Contest is void where prohibited or restricted by law. All applicable federal, state, and local laws and regulations apply. Current employees and interns of Quantia, and its parent company, subsidiaries, affiliates, and their respective directors, officers, employees, representatives, and agents ("Related Entities"), and members of the Related Entities' and their immediate families and members of the households (whether related or not) are ineligible to participate in the Case Contest; provided, however, such persons may serve as a Judge. Please note that contractors or other prior or current contributors to Quantia and QuantiaMD.com may provide submissions if they meet the other eligibility requirements herein. Quantia, in its sole and absolute discretion, shall make all determinations with respect to the eligibility of all submissions and entrants.
6. Representations and Warranties. By providing a submission for the Case Contest, you represent and warrant to Quantia that: (a) you are eligible for the Case Contest; (b) you agree with and will be bound by, and have complied and will comply with, these rules in connection with participation in the Case Contest and your submission complies with all of the requirements of all sections of these rules; (c) if selected as the Winner or a Select Entrant, in order to be provided with the prize or to further participate, you must enter into an eLearning Faculty Agreement with Quantia, which shall govern your participation in any and all programs with Quantia and QuantiaMD.com, including the development of your submission to the Case Contest; (d) your submission is your own original work and/or that you have, or have secured, if applicable, the full right, permission, and authority to use all product, materials, and other content used, created for, provided, or presented in your submission and that your submission does not, in any way or manner, infringe on any third party’s intellectual property rights; (e) your submission and subsequent presentation shall not include any information, including metadata and/or photographs, which could, or reasonably be expected to lead to, the identification of any patient or other individual discussed in your submission or presentation; (f) the information you provide in your submission and in your presentation is not confidential and/or personally identifiable information of yours or any other party and may be disclosed to the public; (g) you are an expert in the medical, health care, or other area(s) covered by your submission; (h) if you are or are required to be licensed, registered, or accredited, you will remain licensed, registered, or accredited in good standing as a physician or other healthcare professional, without any limitation or restriction, in the state or states in which you practice during the Case Contest and any further presentation, if applicable, for Quantia; (i) comply with all applicable federal and state laws and regulations; (j) nothing in your submission will be unsubstantiated, unlawful, derogatory, offensive, threatening, defamatory, disparaging, libelous or contain any material that is, or could be construed to be, inappropriate, tortious, indecent, sexual, profane, slanderous, or discriminatory in any way, or is subject to, or threatened to be subject to, actual or threatened litigation or claim; (k) unless with the written consent of Quantia, contain any material that displays any third party logo, trademark, slogan, advertising, or otherwise indicates a sponsorship or endorsement by any third party, including, but not limited to, any commercial entity; and (l) your submission and presentation shall not contain any information or other disclosure which could be reasonably determined to describe a reportable adverse event.
7. Indemnification. You shall indemnify, defend, and hold Quantia harmless from any and all liabilities, losses, damages, injuries, claims, demands, penalties, costs, and expenses of any kind (including but not limited to reasonable attorneys’ fees) arising out of or in connection with: (a) your participation in the Case Contest, the use of the Internet or the QuantiaMD.com website, the acceptance, or possession or use of the prize or any other honoraria provided or any part thereof, as well as claims based on publicity rights, defamation, or invasion of privacy; and (b) your breach of these rules and/or your representations and warranties herein, or your gross negligence, willful misconduct, or infringement of a third party’s intellectual property. You hereby agree to release all rights to bring any claim, action or proceeding against Quantia and further covenant not to sue Quantia, and hereby acknowledge that Quantia has not made, nor is in any manner responsible or liable for, any warranty, representation, or guarantee, whether express or implied, in fact, or in law, relative to the Case Contest or the prize or other honoraria.
8. Limitation of Liability and Release. In the event of any dispute, under no circumstances will you be permitted to obtain awards for, and each participant hereby waives all rights to claim, punitive, incidental, or consequential damages, including attorneys’ fees, whether any claim for such recovery is based upon theories of contract, negligence, or tort, and participants further waive all rights to have damages multiplied or increased. You hereby waive for yourself, and your successors, and assigns, any and all claims for any special, incidental, consequential or punitive damages.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." You hereby expressly waive and release any right or benefit which you have, or may have, under this Section 1542 to the extent that you may waive all such rights and benefits with regard to the matters released herein. You acknowledge that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true, with regard to the matters released herein; nevertheless, it is your intention through this release to fully and finally and forever settle and release all such matters and claims, which do not exist, may exist, or heretofore have existed between yourself and Quantia. Your release provided herein shall be and remain in effect as a full and complete release of such claims and matters notwithstanding the discovery or existence of any such additional or different claims or facts related to such matters.
9. Force Majeure and Other Matters. Neither Quantia nor you shall be liable to the other for failure to perform or delay in performing any obligation under these rules if such failure or delay is due to any event beyond such party’s reasonable control; provided, however, that the party claiming such force majeure shall promptly give notice to the other party of the event and shall use its commercially reasonable and diligent efforts to resume full performance of its obligations under these rules as soon as commercially possible.
Quantia assumes no responsibility for any error, omission, delay, deletion, interruption, or defect in operation or transmission, theft, communication line failure, or destruction or unauthorized access to, or alteration of, any submissions. Quantia is not responsible for electronic transmissions or submissions that are lost, not received, delayed, stolen, incomplete, illegible, damaged, destroyed, or misdirected, or for any technical or human problems or malfunctions, including of computer online systems, servers, or providers, computer equipment or software, or any combination thereof, or for any damage to your or any other person’s computer relating to or resulting from your participation in the Case Contest. Quantia assumes no responsibility for any perceived or actual voting irregularity with regard to the Case Contest.
10. Governing Law. These rules and the Case Contest shall be governed by and construed under the substantive and procedural laws of the Commonwealth of Massachusetts, without giving effect to the choice of law principles. Venue will be in the courts of Middlesex County, Massachusetts, and you consent to the jurisdiction and venue of such courts.
11. Independent Contractor. You are an independent contractor in relation to Quantia and nothing in these rules or your participation in the Case Contest shall be deemed to create an employment, association, partnership, joint venture, agency, or any other type of relationship between you and Quantia, or an offer by Quantia to you for any of the above.