WOMEN’S HEALTH ACTION HEROES CASTING CALL
TERMS AND CONDITIONS
VOID WHERE PROHIBITED.
SUBMISSION.
ONLY THOSE ELIGIBLE TO PARTICIPATE MAY SUBMIT A
These Terms and Conditions govern the “Women’s Health Action Heroes Casting Call” (the “Casting
Call”). By submitting a Submission (defined below in Section 4) and participating in the Casting Call, you
agree to the “Women’s Health Action Heroes Terms and Conditions” (“Terms and Conditions”), which
Terms and Conditions shall be final and binding on you in all respects concerning the Casting Call. If you
do not agree to the Terms and Conditions, do not submit a Submission or otherwise participate in the
Casting Call.
1.
CASTING PERIOD. The Casting Call begins at 12:01 AM Eastern Time ("ET") on February 3,
2015 and ends at 11:59 PM ET on March 3, 3015 (the “Casting Period”). Eastern Time shall control the
Casting Call.
2.
ELIGIBILITY. To be eligible to participate in the Casting Call (the “Eligible Participant” or “Eligible
Participants”), you must: (i) be a female legal resident of the 50 United States or District of Columbia,
excluding residents of Guam, Puerto Rico and all other U.S. territories and possessions, and all
other countries (the “Geographical Area”), who is eighteen (18) years of age or older or the age of
majority in your jurisdiction of residence at the time of submitting your Submission, (ii) fulfill all Submission
requirements under Section 4, and (iii) agree to and fully comply with the Terms and Conditions (the
“Eligibility Requirements”). Employees of Sponsor, Rodale Inc., as well as the immediate family (spouse,
parents, siblings and children) and household members of each employee are not eligible to submit a
Submission or otherwise participate in the Casting Call. Failure to comply with these Terms and
Conditions may result in disqualification from the Casting Call. DO NOT SUBMIT A SUBMISSION IF
YOU RESIDE OUTSIDE THE GEOGRAPHICAL AREA, ARE UNDER 18, MALE, DO NOT OR CANNOT
FULFILL ALL SUBMISSION REQUIREMENTS, OR DO NOT AGREE TO OR CANNOT FULLY
COMPLY WITH THE TERMS AND CONDITIONS.
3.
THE CASTING CALL OVERVIEW, THE CASTING CALL PROCESS, WH ACTION HERO
REQUIREMENTS, AND CONSIDERATION.
3.1
The Casting Call Overview. Sponsor is conducting the Casting Call to identify Eligible
Participants who satisfy the Eligibility Requirements to be a potential “WH ACTION HERO” (defined
below). A “WH ACTION HERO” is defined as a healthy-minded woman who is active, loves to run,
engages regularly in social media and is influential among her friends and family. Women’s Health Action
Heroes help motivate other readers, friends, family and the general public to participate in “Women’s
Health Run 10, Feed 10” (“Run 10, Feed 10”) at a Run 10, Feed 10 race event, Fun Run, or organize a
group of friends to “Run My Own 10K” and support “The Feed Foundation, Inc.” (“Feed Foundation”), a
charitable organization whose mission is to raise funds to support the United Nations World Food
Program's school feeding efforts and provide nutritious school meals to children within the United States
and around the globe. The Casting Call is only open to Eligible Participants, as determined by Sponsor in
its sole discretion.
3.2
The Casting Call Process. The Casting Call involves the following:
a.
On or about March 4, 2015, Sponsor, from among all Submissions submitted by
an Eligible Participant who satisfies the Eligibility Requirements, will review the Submissions and identify
potential WH ACTION HEREOS. Between on or about March 23, 2015 to on or about March 27, 2015,
Sponsor will notify those potential WH ACTION HEREOS, by e-mail or telephone, using the information
provided on her Submission, that she was selected as a potential WH ACTION HERO. In order to
participate as the WH ACTION HERO, the selected WH ACTION HERO will be required to sign and
return to Sponsor a Participation Agreement, and Model, Publicity, Testimonial and Liability Release (the
“Agreement”). Any selected potential WH ACTION HERO who does not sign the Agreement will be
disqualified and Sponsor reserves the right to select an alternate WH ACTION HERO from among the
remaining Eligible Participants.
Eligible Participants and potential WH ACTION HEREOS may be contacted by Sponsor, or an
agent or employee of Sponsor, and be required to execute additional documents, provide additional
information and undergo additional screening, including without limitation a background and/or personal
records check, in order to advance further in the casting process. Further, Sponsor reserves the right to
ask for additional documentation, waivers, releases, permissions and signatures to confirm eligibility and
for any other purpose relating to the Casting Call and use of the Submission.
3.3
WH Action Hero Requirements. For a period of twelve (12) months from the date the
Agreement is signed by the WH Action Hero and for such an additional period as Sponsor and the WH
Action Hero may agree, the WH Action Hero will: (i) participate in a minimum of five (5) advertiser related
programs of which the WH Action Hero will be provided topics/products selected by Rodale; (ii) at least a
minimum of five times and no more than two per month throughout the (12) month period, blog, post,
submit, and/or Tweet on social media channels and other digital, electronic or Internet websites, platforms
and/or channels approved by Rodale on topics selected by Rodale; (iii) blog, post, submit, and/or Tweet
in social media channels and other digital, electronic or Internet websites, platforms and/or channels
approved by Rodale on programs, activities and events that the WH Action Hero participates in as a WH
Action Hero; (iv) serve as a brand ambassador for Women’s Health when requested; (v) provide Rodale
with regular updates and/or communications on programs, activities and events requested by Rodale that
I participate in as a WH Action Hero; (vi) work with Women’s Health on local event scouting, promotion
and attendance as needed; (vii) participate in Women’s Health programs, activities, and events, as
identified by Rodale from time to time, including, but not limited to, “Women’s Health Run 10, Feed 10”,
as described below (“Run 10, Feed 10”); (viii) participate in the Women’s Health Action Hero Program
(the “Program”); (ix) participate and appear in potential interviews, photo or video shoots, and public or
publicity appearances in connection with the Program, identified by Rodale; and (x) comply with any
applicable federal, state or local laws, including, but not limited to, United States Federal Trade
Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising and in
connection with any endorsement or testimonial by me as a WH Action Hero of any Rodale or Rodale
advertiser products or services, disclose, in all cases, my relationship with Rodale as a WH Action Hero
and that I am receiving the Consideration (collectively, the “WH Action Hero Requirements”).
In addition to the above requirements, in connection with the Program, I agree that my WH Action
Hero Requirements will include the following with respect to Run 10, Feed 10: (i) participate in a Run 10,
Feed 10 race event at a location to be mutually agreed upon between Rodale and me (the “Run 10, Feed
10 Event”); (ii) recruit at least 20 adults to register for the Run 10, Feed 10 Event, each of whom will join a
fundraising team on the Crowdrise platform at http://www.crowdrise.com/womenshealthrun10feed10, to
support the Feed Foundation; (iii) encourage family and friends to support (including with a donation) the
Feed Foundation through the Support Page; (iv) lead and motivate recruited participants; (v) raise
awareness of the Run 10, Feed 10 Event; (vi) through the Run 10, Feed 10 Event registration process,
setup social media postings; (vii) blog, post, submit, and/or Tweet in social media channels and other
digital, electronic or Internet websites, platforms and/or channels approved by Rodale on RUN 10 FEED
10 at least one (1) time per month; (viii) participate in Run 10, Feed 10 Event conference calls with
Women’s Health, which are held approximately one (1) time per month; (ix) post information about the
initiative and the Run 10, Feed 10 Event on your social media channels at least two times per month
between June 1 2015 and November 31, 2014 2015; and (x) attend and participate in the Run 10, Feed
10 Event.
By submitting a Submission, you agree to comply with the WH Action Hero Requirements.
3.4
Consideration. WH ACTION HEROES who comply with the WH ACTION HERO
Requirements will receive VIP access to Women’s Health events and promotions, workout gear,
Women’s Health branded gifts, products from Sponsor, the potential opportunity to blog for Women’s
Health on its WH Action Hero blog at http://whplanofaction.com/actionheroes and have the WH Action
Hero’s
profile
featured
on
the
Women’s
Health
Action
Hero’s
web
page
at
http://www.womenshealthmag.com/life/action-heroes, the potential opportunity to appear within the
2
magazine (Plan of Action or otherwise) as determined within Women’s Health’s sole discretion. The total
approximate retail value of the consideration is $599.00. Consideration is subject to any and all
applicable terms and conditions. Any depictions are for illustrative purposes only. All federal, state and
local taxes on the Consideration are the sole responsibility of the WH ACTION HERO. WH ACTION
HERO will be sent an IRS Federal 1099-MISC tax form for the retail value of any Consideration at or
above $600. No transfer, refund, substitution, or replacement permitted. All Eligible Participants and WH
Action Heroes acknowledge that nothing in the Casting Call, Casting Process and Terms and Conditions
shall be construed as creating an employer-employee, partnership, franchise, joint venture or similar
relationship between an Eligible Participant or WH Action Heroes and Sponsor. Sponsor shall make no
deductions or withholding from any amounts paid hereunder, unless required by law. WH Action Hero
shall be responsible for and have control over their performance of the WH Action Hero Requirements.
WH Health Action Heroes are independent contractors for Sponsor. ANY WH ACTION HERO WHO
DOES NOT COMPLY WITH THE WH ACTION HERO REQUIREMENTS SHALL NOT RECEIVE THE
CONSIDERATION.
4.
SUBMISSION REQUIREMENTS.
4.1
Submission
Requirements.
During
the
Casting
Call
go
to
whactionhero.com/termsandconditions (“Website”), follow the instructions, and perform all of the
following: (i) completely fill out all the required fields on the submission form available on the Website (the
“Submission Form”), including first and last name, complete home address, daytime telephone number
(including area code), date of birth and e-mail address, (ii) completely answer all questions on the
Submission Form (the “Submission Form”), (iii) upload a hi-res jpeg, color photo headshot of the Eligible
Participant’s face as part of the Submission Form (the “Photo”), and (iv) describe, in 500 words or less,
within the appropriate field on the Submission Form why Sponsor should select you as a WH ACTION
HERO (defined above in Section 3) (the “Essay”). The Submission Form, the Photo, and the Essay are
collectively referred to as the “Submissions”. All Submissions must be received by 11:59 p.m. ET on
March 3, 2015. Submissions will not be acknowledged or returned. Submissions submitted by the same
person in excess of the limits stated herein will be disqualified. Sponsor may request that Eligible
Participants submit additional photograph(s), biographical information or resume, or other reasonable
information or documentation requested by Sponsor.
Submissions submitted to the Web Site will be deemed to have been submitted by the authorized
account holder of the e-mail address submitted at the time of the Submission. “Authorized account
holder” is defined as the natural person who is assigned to an e-mail address by an Internet access
provider, online service provider or organization (e.g., business, educational institution, etc.) that is
responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
4.2
General Requirement. No Submission, including the Essay, any Photo, bio, video or
resume or any other material can include the image or likeness of any person other than the Eligible
Participant or reference in any identifiable way (for example, by first and last name, or by part of a name
that is identifiable) any person other than the Eligible Participant. The Submission must be original to the
Eligible Participant alone, not incorporate material copied from any third party, not copied or plagiarized,
and cannot have been submitted to or published by any other publication. The Eligible Participant must
own all rights and copyrights in the Submission, including the Essay, the Photo, any other photos, bio,
video or resume or any other material, and have full rights and authority to grant Sponsor rights and
interests therein. The Submission cannot describe, in any identifiable manner, any copyrights,
trademarks/tradenames, logos or similar brand identifying marks, or third party artistic works and cannot
contain content that infringes on any intellectual property or other right of any person or entity. The
Submission cannot describe, depict or contain any illegal, dangerous or unsafe activity, and cannot
defame, libel, invade privacy, or otherwise contain material that is obscene, pornographic, abusive,
threatening or otherwise is harmful or offensive to others or violates any law.
5.
PUBLICITY RELEASE; USE OF PERSONAL INFORMATION. Except where prohibited or
restricted by law, by submitting a Submission, you agree and consent to allow Sponsor and its
successors, assigns, transferees, licensees, and sublicensees to use, replicate, alter, edit, adapt, modify,
3
publish, broadcast, translate, produce derivative works from, distribute, present, play, and exercise all
copyright and other intellectual property rights with respect to your full name, city and state of residence,
Submission, Essay, Photo or other likenesses, pictures, portraits, voice, testimonials, and biographical
information (in whole or in part), worldwide, royalty-free and in perpetuity for any and all purposes,
including, but not limited to, advertising, trade, syndication, and/or promotion on behalf of Sponsor and its
successors, assigns, transferees, licensees, and sublicensees, in any and all forms of media, now known
or hereafter devised, including, but not limited to, print, TV, radio, cable, electronic, mobile media, social
media (including on third party websites) digital or World Wide Web, without further limitation, restriction,
compensation, notice, review, or approval to the extent permitted by law, which rights all participants
acknowledge and agree Sponsor can transfer, assign, license, and/or sublicense. In addition, you agree
to transfer any rights, title, interests, and copyrights, and to waive any and all moral rights, in the
Submission, and will execute any such documents as may be necessary to effectuate such a transfer or
rights and waiver of moral rights, without further compensation. Also by submitting the Submission you
will be sharing their personal information with Sponsor. Personal information collected by Rodale will be
used for administration of the Casting Call. Furthermore, by submitting a Submission you agree to
Rodale’s use of your personal information as described in its privacy policy at
http://www.rodaleinc.com/your-privacy-rights.
6.
LICENSE GRANT. You shall retain all ownership rights in your Submission. However, by
submitting your Submission, you acknowledge that, for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, you grant to Sponsor and its partners, vendors, production
companies, advertisers, and programming and content distributors, and the parents, affiliates,
subsidiaries, licensees, successors and assigns of all of the foregoing (collectively, the "Sponsor Parties")
a non-exclusive, perpetual, worldwide, transferable, sublicensable, assignable, royalty-free, fully paid up
license to make use of and distribute your Submission, as well your name, voice, likeness and
appearance therein and the personally identifying information you provide on or in connection therewith.
7.
WARRANTY. You represent and warrant that your Submission is your original work and that
you have secured any and all rights, releases and permissions necessary for the Sponsor Parties' use
and distribution of your Submission hereunder. You represent and warrant that, to the best of your
knowledge, no further permissions or fees are due for the Sponsor Parties' use and distribution of your
Submission. You further represent and warrant that any statements made by you or others in the
Submission are true to the best of your knowledge and that the Submission will violate any law or
regulation or violate or infringe upon the rights of any third party.
8.
WAIVER OF RIGHT OF APPROVAL. You hereby waive any right of inspection or approval
of your Submission as used and distributed by the Sponsor Parties, including without limitation any
approval of your appearance and/or use of your name therewith or the uses to which either may be put.
9.
RELEASE AND WAIVER; INDEMNIFICATION. By participating in the Casting Call and
submitting the Submission, you agree to release, indemnify, and hold harmless Sponsor and its
respective subsidiaries, affiliates, suppliers, distributors, and advertising/promotion agencies, and each of
their respective parent companies and each such company’s officers, directors, employees and agents
(collectively, the “Released Parties”) from any and all claim, cause of action, or liability, for loss, harm,
damage, injury, cost or expense whatsoever including without limitation, property damage, personal
injury, emotional distress, invasion of privacy, misappropriation of name and likeness, infringement,
defamation, death, or damage to or loss of property which may occur in connection with the Casting Call,
the Submission, and the use, distribution, airing, posting or any other use of the Submission. In addition,
you acknowledge that the Sponsor Parties will rely on the foregoing terms and conditions potentially at
substantial cost to them, and you hereby waive the right to assert any claim of any nature whatsoever
against any party relating to the exercise of the rights and permissions granted hereunder. You agree to
indemnify, defend and hold harmless the Sponsor Parties from any and all claims arising from their use
and distribution of your Submission.
10.
NO RIGHT TO COMPENSATION. Each person who submits a Submission understands and
acknowledges that the Sponsor Parties have wide access to ideas, stories, content and material, and that
4
new ideas are constantly being submitted to the Sponsor Parties or being developed by their own
employees. Many of these ideas may be competitive with, similar or identical to the Submission in theme,
idea, format or other respects. In this regard, you understand that no credit, compensation or other
recourse will be provided to you as a result of your participation in this Casting Call. Further, by submitting
your Submission for this Casting Call, you understand and agree that you will not be entitled to any
compensation for use of your Submission, or your name, likeness, photograph, voice, biographical
information, or any other information submitted by you.
11.
FORUM SELECTION CLAUSE. Except where prohibited, all issues and questions concerning
the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights
and obligations of you or Sponsor Parties in connection with the Casting Call shall be governed by, and
construed in accordance with, the laws of the Commonwealth of Pennsylvania without giving effect to any
choice of law or conflict of law rules (whether of the Commonwealth of Pennsylvania, or any other
jurisdiction), which would cause the application of the laws of any jurisdiction other than the
Commonwealth of Pennsylvania. In addition, any dispute relating to the Casting Call shall be brought in
the appropriate state or federal court having jurisdiction over the subject matter located in the County of
Lehigh, Pennsylvania. Eligible Participants in the Casting Call hereby irrevocably consent to the personal
jurisdiction of said courts and waive any claim of forum non conveniens or lack of personal jurisdiction
they may have.
12.
RIGHT TO CANCEL, MODIFY OR DISQUALIFY. Sponsor reserves the right to cancel,
suspend and/or modify the Casting Call, or any part of it, in Sponsor’s sole discretion.
13.
LIMITATIONS OF LIABILITY. The Released Parties are not responsible for: (i) any incorrect
or inaccurate information, whether caused by Casting participants, printing errors or by any of the
equipment or programming associated with or utilized in the Casting Call; (ii) incomplete, lost, late,
misdirected, or illegible Submissions or for failure to receive Submissions due to any cause, including
without limitation human, transmission, or technical problems, failures, or malfunctions of any kind,
whether originating with sender, with the Release Parties, Sponsor Parties or otherwise, that may limit a
Casting participant's ability to participate in this Casting Call; (iii) unauthorized human intervention in any
part of the entry process or Casting Call; (iv) technical or human error which may occur in the
administration of the Casting Call or the processing of Submissions; (v) any injury or damage to persons
or property which may be caused, directly or indirectly, in whole or in part, from participation in the
Casting Call or use of any information or material submitted for the Casting Call in the manner described
in these Terms and Conditions; or (vi) a Casting participant’s claim that he or she has somehow been
defamed or portrayed in a false light. UNDER NO CIRCUMSTANCES WILL ANY CASTING
PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY
KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL OR
CONSEQUENTIAL DAMAGES AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OFPOCKET EXPENSES, AND/OR ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR
OTHERWISE INCREASED.
14.
Sponsor: Rodale Inc., 400 South Tenth Street, Emmaus, Pennsylvania 18098-0099, publisher of
“Women’s Health” magazine (“Sponsor”).
5