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Terms and Conditions of Use

It's How You Listen That Counts

A. Purpose of the Outreach Campaign
The primary purpose of the Its How You Listen That Counts Campaign is to create awareness of noise induced hearing loss for people at greatest risk - primarily pre-teens, teenagers, and people in their early twenties. It also encourages teens to protect their hearing through smart listening habits.

B. Definitions
"HEI" shall mean House Ear Institute. "Campaign" shall mean House Ear Institute's 2006 Consumer Awareness Campaign for Hearing Conservation. "website" shall mean the website domain of www.EarBud.org, owned by House Ear Institute ("HEI").

Contest prizes advertised and described as "Free" shall mean a prize that is presented to the winners free of charge with a noted retail value to be awarded to four people in 2006 as part of a contest. One winner will be chosen randomly at the end of each media flight. The Campaign will include four media flights in 2006.

C. Administration of the Campaign website
HEI in its sole and absolute discretion administers this website.

D. Terms and Conditions of website Use
This World Wide website ("website") - contained within the domain and known as www.EarBud.org also known as www.earbud.org - and all of its contents are the legal property of House Ear Institute (HEI). Unauthorized use is strictly prohibited. The site is intended to offer complimentary information, education and interactive community service offered by HEI at no charge to users of the World Wide Web.

Use of this website constitutes your acceptance of all of the following terms and conditions, in their current form or as modified.

All written materials and graphics on this website, including titles, headings, informational and promotional copy, logos, video and photo clips, characters and icons, are owned by HEI for its sole use and discretion. As such, all content of this website, including all graphics and content stated above, may not be used or reproduced - either in whole or in part - by persons, organizations or corporations other than HEI staff and its agents without prior written permission by HEI. Users may make a single copy of the content displayed on any page of the website to be used by the user for personal and noncommercial uses which do not harm the reputation of HEI or its Campaign, provided that the user does not remove any trademarks, copyright and any other notice contained in such content.

E. Disclaimer
The information contained in this website is not a substitute for medical advice or treatment, and HEI recommends consultation with your doctor or other health care professional. This website adheres to the federal HIPAA privacy act and all applicable local, state, federal and international laws. HEI assumes no responsibility or liability for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization data or settings. All such risks shall be borne by you as the user of this website.

F. Endorsements
You acknowledge that HEI does not endorse any commercial products advertised, owned or affiliated with third party companies and/or other Campaign sponsors on this website. Furthermore, you agree not to hold HEI liable for possible product defects or product misrepresentations. You also acknowledge that all links to other websites from this website, are not under the control of HEI, and are provided for convenience of reference only. As such, the links are not intended as an endorsement by HEI of the organization or individual operating another website or a warranty of any type regarding another website, products or the information it contains.

G. Contest Eligibility
To participate in the drawing, participants must submit their contact information at (URL TBD). HEI staff and all other individuals involved in the Campaign and their relatives are not eligible to participate.

H. Contest Prizes
For the contest, HEI will issue one product to one winner at the end of each contest period. Winners will be chosen randomly. HEI will conduct a random drawing and provide each winner with an official winner notification within 30 days of each flight's conclusion. HEI will distribute the prizes it publicizes to each contest winner within two weeks (14 days) of each winner notification.

I. Taxes, Non-Transferability, No Substitutions
All applicable taxes, including federal, state, local and other taxes, and any expenses, destination and delivery charges shall be the sole responsibility of the award recipients. Participants shall be required to comply with all filings as required by law, including but not limited to the filing of IRS W9 forms as applicable. The awards are non-transferable and may not be substituted by the award recipients for any other item or cash value except as provided herein.

To the fullest extent permitted by law, all program participants agree to defend, indemnify and hold harmless HEI, its officers, directors, employees and agents, for any and all claims, based on, related to or arising from participation in the drawing, including, but not limited to, claims for personal injury, property damage, economic loss or wrongful death, whether caused by negligence or other acts or omissions.