BAKKEN INVITATION OFFICIAL RULES
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN.
Bakken Invitation Description: The Bakken Invitation is a Medtronic Foundation (the “Foundation”) program that recognizes patients who have overcome health challenges with the help of medical technology and solutions and are Living On through their advocacy contributions for health, Giving On through their inputs to innovation for health and/or Dreaming On by their work to improve communities and others’ lives.
1. A minimum of twelve patients are selected annually (each an “Honoree”). Bakken Invitation Honorees and their care partner guest will receive air transportation, meals, and lodging to the Bakken Invitation event in Kona, Hawaii, USA. Please see judging criteria below for further information regarding the selection process. Prospective candidates should apply online by visiting http://www.medtronic.com/us-en/about/foundation/bakken-invitation.html (the “Site”), available in late May, 2018 (date subject to change at the Foundation’s discretion). To be eligible, candidates must complete the program application, accept the terms and conditions.
2. Bakken Invitation Term: The Bakken Invitation begins when the Site is activated for accepting applications (usually at the end of May) and ends on July 18, 2018 at 11:59:50 pm CST (the “Application Period”). All entries must be received during the Application Period. The Foundation’s computer timeclock is the timekeeper for all Bakken Invitation purposes, and applications are only valid upon receipt by the Foundation’s computer system.
3. Eligibility: No purchase or payment is necessary to enter or win the Bakken Invitation. The Bakken Invitation is only open to participants who meet the following criteria:
Are 14 years or older at the time of application, with consent from a parent or legal guardian for applicants under the age of 18.
Are, as the result of a qualifying medical technology, managing a qualifying chronic disease or have had their quality or quantity of life extended.
A qualifying medical technology includes medical device therapies and surgical procedures approved, cleared, or registered in accordance with the applicant’s country’s laws and regulations to manage or treat the chronic disease in accordance with the approved or cleared indications for use for the medical technology. If you have questions about whether or not your device, therapy, or procedure qualifies, please contact the Foundation at rs.medtronicfoundation@medtronic.com.
A qualifying chronic disease includes heart disease (including heart attack, cardiac arrest, coronary artery disease), stroke, diabetes, neurological, digestive and gastrointestinal, urological or spinal disorders, obesity, chronic pain, and cancer.
Have overcome a health challenge, earned “extra life,” with the help of medical technology and used that time to improve the life of others through selfless charity and service.
Be actively involved with a non-profit organization or a social enterprise for six months or more.
Bakken Invitation applicants may not be previous Bakken Invitation Honorees or employees of the Foundation, subsidiaries, affiliated companies, partners, advertising or promotional agencies, or prize donors, nor may they be members of the immediate families of any of the foregoing, or persons living in their households. THE BAKKEN INVITATION IS VOID WHERE PROHIBITIED OR RESTRICTED BY LAW and is subject to applicable federal, state, and local laws and regulations.
4. The Foundation: The Medtronic Communities Foundation, 1710 Medtronic Parkway Minneapolis, MN 55432-5604.
5. How to Enter: Visit the Site at http://www.foundation.medtronic.com/us-en/index/civic-engagement/bakken-home-page.html and completely fill out and submit the Bakken Invitation Application Form providing all required information. Photos, testimonials, and media articles may be submitted but are not required for the application. However, photos will be required of selected Honorees. Incomplete submissions or entries submitted via any method other than the Official Application Form will be disqualified. Limit: one entry per person. If a Bakken Invitation applicant submits more than one entry, the Foundation shall consider the first submission received as the official submission and all other submissions may be disregarded. All entries become the property of the Foundation and will not be returned. All entries are subject to the Foundation’s Privacy Policy and Terms of Use.
6. Submissions: The Foundation reserves the right, in its sole discretion, to disqualify or refuse entry at any time. Once the entry is submitted, the Bakken Invitation applicant may not update, revise or rescind the entry. Any entry that is modified after being received may be disqualified. By submitting an entry, you accept all Bakken Invitation rules and agree to be bound by the decisions of the Foundation and Judges. All entries, including all submissions, and all legal rights and interests in them, including the rights of copyright, become the exclusive property of the Foundation, who reserves the right to edit, adapt, copyright, publish, transfer, and use any or all of them in all media worldwide, including the internet, without compensation to you or any third party and will not be acknowledged or returned, or any portion thereof. Each entrant agrees to take any actions (including execution of documents) reasonably requested by the Foundation to effect, perfect or evidence the foregoing assignment.
7. Residency Restrictions: The Foundation conducts its activities throughout the world in accordance with all applicable laws and regulations of the United States, the European Union and all other applicable jurisdictions, including but not limited to the economic sanctions programs administered by the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”). At this time, the Foundation does not accept applications from individuals who are nationals of, or currently resident in, countries and regions subject to comprehensive economic sanctions (Crimea Region, Cuba, Iran, North Korea, Sudan and Syria).
8. Judging: Selection of Honorees: Submissions will be reviewed by a selection committee including partners, patients, physicians, and representatives of the Foundation (the “Judges”) shortly following the Bakken Invitation Term. Entries will initially be screened for eligibility. Qualified entries are then organized by geography and disease condition and passed along to Judges for scoring.
The Judges will determine the twelve (12) selected Honorees based on the following criteria:
20% Will the Bakken Invitation applicant be a good ambassador for the Bakken Invitation program based on the requirements in these rules and the application submission?
20% Demonstration by Bakken Invitation applicant that they have used their extra life to serve others through their advocacy and / or innovation and / or activities and have benefitted the life of others, improved health, or improved health outcomes of a community.
20% Compelling nature of Bakken Invitation applicant’s personal story as evidenced by the submission.
20% Overall, how well does Bakken Invitation applicant’s aspirations represent the Live On. Give On. Dream On values of the program.
20% Diversity of entry in geography, gender, and disease condition. Judges will look to select Honorees which reflect a broad cross-section of geography and conditions, along with a roughly equal number of men and women.
Ties will be settled based on the diversity criteria referenced above. The selection of the Grand Prize Honorees’ submissions shall be made in the Judges’ sole and absolute discretion. Following selection of the potential Honorees, the selected Bakken Invitation applicants will undergo a compliance and eligibility review, which may include background checks and health screening checks to verify eligibility. The Foundation may disqualify any potential Honorees should such eligibility and compliance review suggest Bakken Invitation applicant might not be eligible or if the Foundation has any concerns regarding Bakken Invitation applicant or if the screening reveals any information about the Bakken Invitation applicant which could reflect poorly on the Foundation or the Bakken Invitation program, as determined by the Foundation in its sole discretion. All decisions of the Judges and the Foundation shall be final, and the Judges and the Foundation will not disclose scores for individual submissions or provide any feedback on the judging or screening process. Honorees will be notified on or about October 10, 2018.
9. Prizes and Restrictions: Each of the Honorees will receive a six (6) day, five (5) night Trip for two (2) to Kona, Hawaii for the Bakken Invitation event. Honoree’s guest must be his/her care partner. The guest / care partner must be at least 12 years old at the time of the Bakken Invitation program and capable of acting independently while the Honoree is attending Bakken Invitation programming. If the guest / care partner is a minor, the Honoree must be his/her parent or legal guardian. If the Honoree is a minor, the guest / care partner must be his/her parent or legal guardian. The trip includes two (2) round-trip airline tickets to Kona, HI from an airport near the Honoree’s place of residence (to be chosen at the Foundation’s discretion), five (5) nights lodging (one standard room with double occupancy), ground transportation to and from the airport, meals, and entry visa fees for the US). The approximate retail value of the prize package is $8,500. Total Bakken Invitation approximate retail value is $110,000. Each Honoree and guest must travel on the same itinerary unless otherwise agreed by the Foundation. Prize specifics such as flights, transportation, meals, accommodations, and exact dates of travel will be determined by the Foundation in its discretion. Actual value of Prize may vary based on timing and location of Honoree, and Honorees will not receive any cash value or substitute prize elements for discrepancies between the actual cost and approximate cost. All other expenses including any additional guests, travel, parking, outside meals, drinks, gratuities, incidentals, insurance of any type, etc. not specified herein are the responsibility of the Honorees and Honorees’ guest(s). Honoree is responsible for obtaining any and all necessary travel documents or approvals needed to participate in the prize. Honoree must take the arrangements made; they cannot be altered, and failure of Honoree or Honoree’s travel guest(s) to follow such schedule shall not obligate the Foundation in any manner to make alternate arrangements. No substitution or transfer of prize is permitted. the Foundation reserves the right to substitute a prize of equal or greater value, if the advertised prize becomes unavailable or impractical. Acceptance of prize constitutes permission to the Foundation (and its designees) without any further compensation, consideration, notice, review, or consent, to unconditionally and irrevocably use, exhibit and publish, in any medium now known or hereinafter known at any time, throughout the world in perpetuity, the following information and materials regarding each Honoree and Honoree’s guests: (a) name, city and state of residence, age, image, likeness, voice, biographical information, and any statements for advertising, publicity, trade, and public relations purposes, to the extent permitted by law; (b) any submission materials; and (c) any film, tape recording or other reproduction of the appearance or voice of such people upon the awarding or enjoyment of the prize. Prize recipients and guests shall have no claim (including without limitation, claims based upon invasion of privacy, defamation or right of publicity) arising out of any such use or any blurring, distortion, alteration, optical illusion or use in composite form, whether or not intentional. Prize specifics are subject to limitations, restrictions and changes, including any limitations or restrictions associated with airline policies or any government regulations.
Each Honoree will be notified using the contact information provided in his/her entry. If an Honoree is unable to be contacted using the information provided, for any reason, the Honoree may be disqualified and the entry with the next best Judges’ score will be selected as an alternate Honoree, using the diversity criteria as a tie-breaker. If for any reason any Honoree is ineligible or does not accept the Prize as described above, no cash or other compensation will be paid, and the entry with the next best rating Judges score will be selected as an alternate Honoree. Additionally, if the Honoree is unable to comply with these rules and regulations, the entry with the next best Judges’ score will be selected as an alternate Honoree, using the diversity criteria as a tie-breaker. The Foundation is not responsible for Honoree limitations that prevent acceptance or use of any prize. Each Bakken Invitation applicant preliminarily chosen as an Honoree or alternate Honoree, if applicable, (each, a “Potential Honoree”) may be required to execute and return an Affidavit of Eligibility, Release of Liability, and Publicity Release (the “Affidavit and Release”) within ten (10) business days of receipt of such Affidavit and Release, and must provide age-defining documentation (i.e., photo identification) prior to the prize release. Failure to execute and return the required documents within ten (10) business days of receipt may subject a Potential Honoree to disqualification and, in such case, the entry with the next best Judges’ score will be selected as an alternate Honoree, using the diversity criteria as a tie-breaker. The Foundation is not responsible for and shall not be liable for late, lost, misdirected, or unsuccessful efforts to notify a Potential Honoree.
10. Taxes: Finalist is solely responsible for all applicable taxes associated with receipt of the Prize. The Foundation will issue U.S. Finalists a 1099 tax form for the value of the prize.
11. General: By entering the Bakken Invitation, each Bakken Invitation applicant warrants that: (a) the Bakken Invitation applicant has read, understood, and followed the Bakken Invitation Rules; (b) the Bakken Invitation applicant agrees to be bound by the decisions of the Foundation and the Judges; (c) the Bakken Invitation applicant is eligible under these Bakken Invitation Rules; (d) the submission is accurate, original, and owned by Bakken Invitation applicant. All Potential Honoree and their entries may be subject to verification and investigation before being awarded any prizes, including background checks. The Foundation will award no more than the number of prizes stated herein. In the event not enough qualified entries are received, the Foundation is not responsible to award more prizes than entries received. The Bakken Invitation shall be governed by Minnesota law. By participating in the Bakken Invitation, Bakken Invitation applicants agree that (a) any and all disputes, claims, and causes of action arising out of or connected with the Bakken Invitation, shall be resolved individually, without resort to any form of class action and Minnesota courts shall have exclusive jurisdiction over any dispute or litigation arising from or relating to the Bakken Invitation and that venue shall be only in Minneapolis, Minnesota; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Bakken Invitation, but in no event shall there be a claim or award of attorneys’ fees or costs; and (c) under no circumstances will Bakken Invitation applicants be permitted to obtain, and Bakken Invitation applicant hereby waives all rights to claim, punitive, incidental, and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT BE APPLICABLE TO EACH BAKKEN INVITATION APPLICANT AND/OR HONOREE.
12. Limitation of Liability: The Foundation is not responsible for any incorrect or inaccurate information associated with or utilized in the Bakken Invitation or for any technical or human error, which may occur in the processing of entries in the Bakken Invitation. The Foundation assumes no responsibility for any incomplete, misdirected, late, or lost entries, or any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, garbled or corrupted data transmitted, theft or destruction or unauthorized access to, or alteration of, entries or entry data. If, for any reason, the Bakken Invitation is not capable of running as planned, including tampering, unauthorized intervention, fraud, or any other causes beyond the control of the Foundation which affects the administration, security, fairness, integrity or proper conduct of the Bakken Invitation, then the Foundation reserves the right at its sole discretion to cancel, terminate, modify or suspend the Bakken Invitation.
Bakken Invitation applicants agree that the Foundation, Judges, prize suppliers, advertising and promotional agencies, and their respective parent and affiliate companies, suppliers, printers, distributors, and the respective officers, managers, members, directors, employees, representatives and agents of each and any other person or entity related in any way to the Bakken Invitation (collectively, the “Bakken Invitation Entities”) will have no liability whatsoever for, and shall be held harmless and indemnified by Bakken Invitation applicants against, any and all liability, including but not limited to any death, injury, loss or damage of any kind, resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse, or use of the prize, participation in the Bakken Invitation, or while traveling to, preparing for or participating in any prize-related activity. The Bakken Invitation Entities expressly disclaim any responsibility or liability for injury or loss to any person or property in connection with the delivery and/or subsequent use of the prize, or any portion thereof, awarded.
The Foundation reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of any of the Bakken Invitation; to be acting in violation of the Official Bakken Invitation Rules; or to be acting in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other person in the Foundation’s sole discretion. CAUTION: ANY DELIBERATE ATTEMPT BY A BAKKEN INVITATION APPLICANT OR ANY OTHER INDIVIDUAL TO UNDERMINE THE LEGITIMATE OPERATION OF ANY ASPECT OF THE BAKKEN INVITATION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE FOUNDATION RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
13. Finalists List: The Foundation will personally contact selected Honorees on or about October 15, 2018.
14. Change or Cancellation: The Foundation reserves the right to change the rules or cancel this offer at any time without further obligation or liability.