• Contest Dates: The "Resilient Heart" drawing (“Contest”) begins February 26th, 2010 at 12:01:00 am Pacific Time (“PT”), and ends April 1st, 2010 at 11:59:59 pm PT (“Contest Period”). During the Contest Period there are a series of Contest-related events which start and end on or about the dates and times noted below:

1. Prizes: Grand Prize: either an emWave Personal Stress Reliever or an emWave Desktop. All applicable federal, state and local taxes, if any, and any expenses associated with prize acceptance and use not specifically stated herein as being provided are the sole responsibility of the winners.  Total Approximate Retail Value of all prizes: $199 or $299. Prizes may not be redeemed for cash.

2. Eligibility: Open to legal residents of the 50 United States and the District of Columbia who are at least 18 years of age (19 years of age in Nebraska and Alabama and 21 years of age in Mississippi and the District of Columbia) at the time of story submission. Employees, officers, directors, representatives and agents of HeartMath (“Sponsor”), their respective parents, subsidiaries and affiliated companies, advertising, promotion and administrative agencies (hereafter, collectively “Released Parties”), and their immediate families (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) and those living in their same household, whether or not related, are ineligible to participate in the Contest or win any Contest prize.  Void where prohibited. This Contest is subject to all applicable U.S. federal, state and local laws and regulations.

3. How to Submit a Video in this Contest: Create one (1) video talking about your resilient heart. The Video Submission must meet the requirements set forth in Section 4 below. The Video Submission must be about your own experience. To enter your Video Submission in the Contest, upload your video to YouTube and send an email to stories@heartmath.com with the YouTube link. The Video Submission must be received by YouTube during the Video Submission Period set forth in Section 1 above. Limit one (1) Video Submission in this Contest per Registered User.  

4. “Resilient Heart” Video Submission Requirements:
Video Submissions must meet the following technical requirements:

• Running Time: 4 minutes maximum, including any credits. 
• Video tags to include HeartMath Resilient Heart
• Video Formats: YouTube accepts video files from most digital cameras, camcorders, and cell phones in the .WMV, .AVI, .MOV, and .MPG file formats.
• Language: English
  
  Note: Limit one (1) Video Submission in this Contest per Registered User.

Video Submissions must also comply with the YouTube Site’s “YouTube Community Guidelines” set forth at http://www.youtube.com/t/community_guidelines (“Code of Conduct”) and must not: (i) include trademarks, logos, or copyrighted material not owned by entrant or used without permission (such as company names, music, photographs, works of art, or images published on or in websites, television, movies, or other media); (ii) use individuals’ names, in whole or in part (including the entrant’s last name) without permission; (iii) refer to public figures; (iv) contain profanity, pornographic, or sexual content, content promoting alcohol, illegal drugs, tobacco, firearms, or weapons, hateful content of any kind (including racism, sexism, etc.), content that promotes violence or harm to another living creature, or any other offensive, obscene, or inappropriate content; (v) defame, misrepresent, or contain disparaging remarks about other people or companies, including, but not limited to Sponsor; or (vi) contain materials embodying the names, likenesses, photographs, or other identifying elements of any person, living, or dead without permission.
Sponsor and/or Administrator, and/or their designated representatives, will review all Video Submissions received during the Video Submission Period and will only post those Video Submissions on the Contest Web Site that conform to these Official Rules and the Terms of Use and Code of Conduct, as determined by the Contest Entities in their sole discretion (“Eligible Video Submissions”). Entries that do not comply with these Official Rules, as determined in Sponsor and/or Administrator’s sole discretion, will be disqualified from the Contest and will not appear on the Contest Web Site. Decisions of the Sponsor and/or Administrator are final and binding.

5. Determining the Grand Prize Winner: All entrants submitted by March 31st, 2010 will be entered in a random drawing to win the prize.

6. Rules and Regulations pertaining to Intellectual Property:  By entering the Contest, each Entrant warrants and represents:

a. That his/her entry: is original to the Entrant and has been legally obtained and created, does not infringe on the intellectual property, privacy or publicity rights, defame or otherwise violate any other legal or moral rights of any third party, or violate any federal, state or local laws or ordinances or other applicable laws;

b. That the Entrant owns all rights to the entry;

c. That the Entrant has secured the requisite consent from any third party referenced in their entry, (including in their story and Video, if their entry is a winner, agree to provide legal releases for the use of such reference in a form satisfactory to judges);

d. That Sponsor shall own the entry stories and Videos and all material embodied therein (collectively, the “Works”). To that end, Sponsor and its successors, assigns, licensees, or designees shall have the right and permission to use (unless prohibited by law) Entrant’s name, biography, voice, city and state of residence, photographs, opinions, submitted story, video and/or likeness for advertising, trade and/or any other purpose in any media now or hereafter known worldwide, in perpetuity and without further compensation, permission or notification to Entrant or any third parties;

e. That, for the purpose of promoting the Contest, between 3/4/2010 and 3/31/2010, Sponsor or its successors, assignees, licensees or designees may post, broadcast, display the Works on the Resilient Heart Website, HeartMath emails, and any other HeartMath LLC website or third party websites;

f. That by entering, the Entrant irrevocably assigns to Sponsor and its successors, assignees, licensees, or designees any and all rights, title and interest in the Works, including but not limited to all intellectual property rights therein;

g. That, Sponsor and its successors, assignees, licensees or designees shall have, without limitation, the perpetual, irrevocable, world-wide and fully-transferable right to edit, adapt, modify, publish, use, make derivative works of and otherwise exploit the Works (or any part thereof) in any way and in any media for trade, advertising, promotional and/or other purposes as Sponsor and its successors, assigns, licensees or designees may determine, all without payment, consideration, attribution, acknowledgement, consent  or consideration to Entrant or any third parties.  Such rights granted herein include without limitation the right of Sponsor or its successors, assignees, licensees or designees to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit and/or otherwise use any of the Works, in whole or in part, on the Contest Website, any other HeartMath LLC website or third party website, and in any way and in any media or forms of delivery.

h. That Entrant forever waives any rights of privacy, intellectual property, and any other legal or moral rights that may preclude Sponsor’s use of the Works or any part thereof, or require the Entrant's permission to use them for any purpose, and agrees to never sue or assert any claim against Sponsor’s use of those Works; agrees to indemnify and hold Released Parties harmless from any and all claims, damages, loss, injury, expenses, costs (including reasonable attorneys' fees) and liabilities (including settlements), brought or asserted by any third party against any of the Released Parties due to or arising out of the Works or Entrant’s participation in this Contest, or the Entrant's conduct during and in connection with this Contest, including but not limited to trademark, copyright, or other intellectual property rights, right of publicity, right of privacy or defamation, personal injury or death;

i. That Entrant agrees to release, indemnify and hold harmless Released Parties from any and all claims that any commercial, advertising, presentation, web content or any other material subsequently produced, presented, and/or prepared by or on behalf of Released Parties infringes on the rights of Entrant’s work as contained in the Works; and

j. That Entrant grants to Sponsor and any third parties authorized by Sponsor the perpetual, irrevocable, royalty-free right to, and agrees and acknowledges that Sponsor or third parties on behalf of Sponsor may edit the Works in any manner, including without limitation for length, content, or other elements of such Works.

7. By accepting a prize, winners agree that Released Parties shall have no liability and will be held harmless for any liability, loss, injury or damage, due in whole or in part, directly or indirectly, by reason of winners’ acceptance, possession, use or misuse of a prize. Sponsor is not responsible for any inability of the winners to accept a prize and reserves the right, at its sole discretion, to disqualify or eliminate winners for any reason and award prize to the next runner-up. Sponsor reserves the right to void any and all entries of an Entrant and/or votes from any voter who Sponsor believes has attempted to tamper with, influence, or impair the administration, security, fairness, judging or proper play of Contest and such Entrant and/or voter will be disqualified.Sponsor reserves the right, in its sole discretion, to void suspect entries or to modify, cancel, terminate or suspend the Contest (or portion thereof) should virus, bugs, non-authorized human intervention or other causes corrupt or impair the administration, security, fairness or proper play of the Contest (or portion thereof) and, in the event of such cancellation or termination, at its discretion, select winner(s) from all non-suspect, eligible entries received for the entry period and/or prize at issue prior to event requiring cancellation or termination, using the judging criteria stated herein.

ANY ATTEMPT TO DELIBERATELY UNDERMINE THE WEBSITE OR THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

Miscellaneous. Entries and Videos (and all components thereof) may not be acknowledged and will not be returned. No transfer, assignment, or substitution of a prize except by Sponsor who may substitute a prize with one of comparable or greater value, at its sole discretion. Released Parties are not responsible or liable for incomplete, postage due, delayed, garbled, undelivered, lost, late, damaged, stolen, illegible, inaccurate or misdirected entries, mail or votes or lost or stolen entry boxes (or any component thereof) or for inaccurate entry or Contest related information provided by Sponsor or for interrupted or unavailable network, server, cable, satellite, Internet Service Provider (ISP), electronic, wireless, Internet connectivity or other connections, miscommunications, computer or software malfunctions or telephone line or transmission problems or technical failures, garbled transmissions, damage to a user's computer equipment (software or hardware); inaccessibility of the Contest Website in whole or in part for any reason; traffic congestion on the Internet or the Contest Website; unauthorized human or non-human intervention of the operation of the Entries, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the web site, or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with the Entry;  or other errors or malfunctions of any kind whether caused by equipment, programming used in this Contest, mechanical, electronic or human error or otherwise relating to or in connection with the Contest, including, without limitation, errors which may occur in connection with the administration of the Contest, the incorrect uploading, processing or judging of entries, the announcement of the prizes, the tabulating of votes or in any Contest-related materials. In the event of a dispute as to the identity of an online entrant, entrant will be deemed the individual named on the Official Online Entry Form regardless of whether that individual is the authorized account holder of the email address at issue.

By participating, Entrants agree to abide by these Official Rules and the decisions of the Sponsor and judges, which shall be final and binding in all matters relating to this Contest. 

Disputes. Except where prohibited by law, each Entrant agrees that: (1) any and all disputes that cannot be resolved internally shall be resolved individually, without resort to any form of class action, in the courts of the state of California; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred by complainant, but in no event attorneys fees; and (3) under no circumstance will a complainant be permitted to receive an award for punitive, incidental or consequential damages associated with the Contest. Complainant waives any and all rights to such punitive, incidental or consequential damages. Except where prohibited, all issues concerning the construction and interpretation of these Rules will be governed by the laws of the United States and the state of California.

Winner’s List: A list of winners will be posted on www.heartmath.com 
Sponsor: HeartMath LLC, 14700 West Park Ave. Boulder Creek, CA 95006.
Administrator: HeartMath LLC, 14700 West Park Ave. Boulder Creek, CA 95006.