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Gilead Sciences, Inc. ("Gilead") is the exclusive sponsor of the Make Your Mark Contest ("Contest") on hepatitis B. The Contest consists of a video contest, song/story contest, and art contest. The Contest will be coordinated, managed and implemented by Gilead. The rules, terms, and conditions governing the Contest ("Official Contest Rules") are listed herein.

The participants in the Contest ("Participants") are required to read, review, understand, and agree to the Official Contest Rules stated herein. Use of the words "you" or "your" may be referred to herein as individual Participant and collectively as the group of Participants or company on whose behalf the Participant has entered the Contest.

Offical Rules

1. Eligibility

Anyone can enter the Contest so long as the Participant meets the qualifications of, agrees to, and follows the Official Contest Rules. If two or more Participants enter jointly, or a company enters, the group of Participants or entity (as the case may be) must designate one individual as its or their contact. Only legal permanent residents of the United States who are physically located in the United States and companies that are incorporated in the United States are eligible to enter the Contest. All Participants must be at least 18 years of age. Employees of Gilead are excluded from participation in the Contest. This Contest is void where prohibited by law.

2. Entries

To enter the Contest, you must meet the requirements below for your submission. Submissions are requested to be in English.

For video category:

• Submissions must be exactly thirty (00:30) seconds in length
• No production credits should be included
• All footage and music used must be original, or authorized by owner prior to submission
• Aspect ratio: 4:3 or 16:9
• Resolution: Recommended: 1280 x 720 (16x9 HD) and 640 x 480 (4:3 SD)
• Frame rate should be maintained without re-sampling
• Codec: H.264, MPEG-2 or MPEG-4 preferred
• Audio: mp3 or aac preferred
• Sampling rate: 44.1kHz
• Channels: 2 (stereo)
• Submissions must be provided in one of the following formats: .mov, .wmv, .flv, or .avi

For song/story category:

• Submissions can be in the form of a song or spoken word (essay, poem, or short story)
• Submissions must be audio recorded and no longer than three minutes (03:00) in length
• No production credits should be included
• All narrative and music used must be original, or authorized by owner prior to submission
• Sampling rate: 44.1kHz
• Channels: 2 (stereo)
• Submissions must be provided in one of the following formats: .mp3 or .aiff

For art category:

• Submissions can be in the form of a painting, drawing, photograph, sculpture, or computer-aided illustration
• Resolution: Max height 1024 pixels, 72 dpi; max width 1024 pixels, 72 dpi
• Submissions must be provided in .jpg, .psd, .ai, or .pdf format

The Contest begins on October 1, 2009, and the entry deadline is 11:59 p.m. PT on March 8, 2010. Once you have completed your artistic work, you must submit it online at willyouBhere.com/contest. All entries must be received by March 8, 2010, for consideration.

You may submit as many entries as you like. Each Participant must designate one contact person who must have at least one (1) valid e-mail account in order to qualify. By entering, you agree to be bound by the decisions of the judges, to be bound by these Official Contest Rules, and to comply with all federal, state, and local laws and regulations. Gilead will not be responsible for computer hardware and software, Internet service provider, and/or any other technical errors, malfunctions, or delays. Entries which are incomplete, illegible, inaccurate, forged, irregular in any way, or otherwise not in compliance with these Official Contest Rules will be disqualified.

(b) Each submission must be original and created entirely by Participant. Submissions may include materials which are in the public domain or for which you have obtained the prior written permission or clearance of the owner. Submissions and all elements contained therein, including, but not limited to, names, voices, signatures, photographs, images, likenesses, identities, persons, or materials (including music) animation, still art, imagery, statements, any programs, processes, methods or means and such designs, discoveries, inventions, products, computer programs/files, procedures, improvements, developments, drawings, sketches, design data, designs, specifications, equipment/drawing lists, layouts, presentations, technical and scientific information, bid packages, calculations, flow sheets/charts, notebooks, modeling, renderings, diagrams, layouts, submissions, recommendations, findings, test/commissioning plans, transmittals data, memoranda, notes, minutes, documents, manuals, reports, information; artwork, photographs, negatives, all preliminary or other copies thereof; all versions of all negatives, plates, dyes, molds, prints, paintings, sketches, etchings, drawings, videos and elements therein in any media now known or hereafter devised, in perpetuity, wherever produced or located; and any other materials, made, authored, conceived, or developed by Participants ("Content") must not incorporate or include anything that violates or infringes any law or the copyright, trademark, patent, intellectual property rights, publicity right, privacy right, or any other right of any third party. The Content shall not list, mention, incorporate, imply or suggest Gilead, Gilead products or Gilead competing products in any form.

If your entry becomes a Finalist, People's Choice Winner, or Grand Prize Winner (as defined below in Section 4), Gilead will require sufficient written documentation to establish that you have properly obtained lawful consent, authorization, permission or release required to incorporate Content used in your submission or that the same are in the public domain. Gilead may, at its sole and exclusive discretion, disqualify any submission they believe incorporates any Content without obtaining required lawful consent, authorization, permission or release or are not otherwise in the public domain.

(c) ANY ENTRY THAT DOES NOT SATISFY ALL REQUIREMENTS OF THESE OFFICIAL CONTEST RULES WILL BE DISQUALIIFIED.

3. Use of Participant Submission and Personal Information

(a) By submitting an entry to the Contest, Participant hereby represents and warrants that:

(i) If you are the designated person for a group of Participants or company that has entered this Contest, you are authorized to make representations and warranties on behalf of the group or the company, and the company or you or the group of Participants (as the case may be), will be jointly and severally liable for any breach of these representations and warranties or failure to comply with the Official Contest Rules.

(ii) Your entry to the Contest and Content is original and, to the extent the Content incorporates or includes anything that is owned or controlled by any third party, you have obtained in writing all rights, consents, approvals, authorizations, permissions, releases and licenses necessary to comply with the Official Rules of this Contest; and, that the Content or any element thereof does not violate any copyright, trademark, publicity right, or any other right of any third party.

(iii) You agree that your entry and Content if chosen as a $2,500 prize winner (such terms as defined in Section 4 herein) shall be, and shall remain at all times during and after expiration or early termination of this Agreement, the sole property of Gilead, whether considered "works made for hire" under the United States Copyright Revision Act of 1976, as amended or otherwise. Otherwise, if your entry, Content or any element thereof is considered not to be a "work made for hire," you hereby unconditionally and irrevocably assign, grant and convey to Gilead all rights, title and interest in and to the Content (including all intellectual property rights related thereto and the right to use, copy, reproduce, modify, use, disseminate, distribute, perform and display the Content in any and all media whether now known or hereafter devised, in perpetuity, wherever produced or located, for advertising, trade or other commercial purpose or otherwise), whether such Content is now or hereafter existing without any restriction by notice to or consent of Participant or any third party. Gilead shall have the sole right to obtain and to hold in its own name copyrights, patents, mask work rights, trademark registration, or other legal protection as may be appropriate to such Content and any deviations thereof.

(iv) You meet the requirements and qualifications for this Contest, and that you have read these Official Contest Rules and are fully familiar with them.

(b) You agree (and if you are the designated contact person for a group of Participant or a company, agree as an authorized agent on behalf of that group of Participants or company) to indemnify, and hold Gilead, their officers, directors, employees, contractors, agents and representatives ("Indemnitees") harmless from and against any third party claim (including reasonably attorneys' fees and costs) arising from any use of the Content. You waive (i) any right to publicity, privacy or moral rights relating to the Content or your participation in this Contest, and (ii) any right to inspect or approve uses of the Content or to be compensated for any such uses. To the extent these rights may not be waived legally, you agree not to assert them.

(c) By submitting an entry, you grant to Gilead and their affiliated companies the right, except where prohibited by law, to use your name, submission/entry and written or oral statements, for advertising and promotional purposes in promoting or publicizing the Contest and Gilead and its mission and services, without compensation unless required by law. You shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, rights of integrity or attribution, or right of publicity) arising out of any use of your entry, submission, Content, name, written or oral statements. The rights granted under this Section 3 shall extend to Gilead and their affiliated companies and agents with respect to all Participants in the Contest, including the Participants who are selected as prize winners, and those Participants who are not selected. Gilead is under no obligation to use the winning entries or any other entry for any purpose.

4. Selection of Winners and Prizes

(a) Each entry will be pre-screened to ensure that it qualifies and otherwise complies with these Official Contest Rules. Judges, consisting of Gilead employees and/or representatives, will evaluate each entry that passes the pre-screening and score it based on five criteria: originality, creativity, concept, information accuracy, and overall presentation.

(b) A number of entries in each category (such entries as determined and agreed upon by Gilead) will become "Finalists." All Finalists will be placed online at willyouBhere.com for registrant viewing and voting. The general public will be allowed to view each Finalist's submission, but only registrants of willyouBhere.com can vote. Each willyouBhere.com registrant will be allowed to vote only once per category (video, song/story, and art). Online voting by registrants will take place between approximately April 1, 2010 and 11:59 p.m. PT May 7, 2010. Online votes will be tallied following the close of voting. Exact dates for online voting are subject to change and will be announced on the willyouBhere.com website.

The initial decision of the judges regarding which Participants become "Finalists" shall be final and binding in all regards.

The People’s Choice Winner in each category (video, song/story, and art) will be determined by the entry with the most online votes. In the event of a tie in a particular category, the online voting period will be reopened for that category only for a specified period of time as determined by Gilead and announced on the willyouBhere.com website.

The Grand Prize Winner will be determined by Gilead.

All prize winners will be notified by telephone or e-mail of their selection, based on the information provided at time of Contest registration. Gilead will attempt to notify each winner by or about May 15, 2010.

Subject to verification and validation, the winners will be announced by or about May 30, 2010 on the willyouBhere.com website. Exact dates for announcing winners are subject to change, and any such change will be posted on the willyouBhere.com website.

(c) Each prize winner will be required to sign and return within five (5) calendar days of notification of selection as a prize winner (i) an "Affidavit of Eligibility," (ii) "Publicity/Liability Release," (iii) a copy of his/her passport, drivers license, or birth certificate as proof of age and residency, and (iv) any other documents (such as rights clearances) required by Gilead. If a prize winner cannot be contacted within five (5) calendar days of the first notification attempt, or a prize winning notification is returned as undeliverable, or a prize winner rejects a prize awarded, or Gilead determines, in its sole discretion, that a prize winner has not fully complied with the Official Contest Rules, then the Participant's status as a prize winner and the prize awarded will be forfeited, and an alternative prize winner will be selected from the group of "Finalists." If a prize awarded is forfeited, no other compensation will be given to that prize winner. The Affidavit of Eligibility must be completed and must include the entity or company's Employer Identification Number (EIN) or the Participants' social security or resident alien identification number. The information in any Affidavit of Eligibility must be correct and must be identical to the information provided in the original entry or the person, group of persons, or company will be disqualified.

(d) Prize Money. The People's Choice Winner in each category will receive Two Thousand Five Hundred Dollars (USD $2,500). The Grand Prize Winner will receive Two Thousand Five Hundred Dollars (USD $2,500). Prizes are non-transferable. No substitutions or redemptions allowed.

(e) At the sole discretion of Gilead, a winner's entry (or any other entry submitted in the Contest by any Participant) may be used as part of any informational, public relations, or media campaign by Gilead (in performance of its Services under the Agreement), whether broadcast on television, online, or otherwise. No compensation will be provided to winner or any other Participant in the event an entry is selected for broadcast.

(f) By accepting the prizes, each prize winner releases and discharges Gilead and its affiliated companies and their respective parents, subsidiaries, affiliates, advertising and promotion agencies, and all their respective employees, officers, directors, representatives, and agents from any liability or damage due, in whole or in part, to the award, acceptance, possession, use or misuse of any prize, or from participation in this Contest.

(g) If, for reasons beyond Gilead's control (including, but not limited to, tampering or computer virus infection), the Contest cannot be conducted as originally planned, Gilead at its sole discretion, reserves the right to cancel or modify the Contest, without liability to the Participant.

(h) Any Participant (including groups of Participants or company) attempting to defraud or in any way tamper with this Contest (whether electronically or otherwise) and any Participant (including groups of Participants or company) who does not comply with these Official Contest Rules, will be ineligible for any prize and may be prosecuted to the full extent of the law.

5. Issues of Law

(a) Taxes. ALL FEDERAL, STATE, AND LOCAL TAXES RELATING TO PARTICIPATION IN THIS CONTEST OR THE AWARDING OF THE PRIZES ARE THE RESPONSIBILITY OF THE FINALISTS AND/OR PRIZE WINNERS.

(b) Governing Law. All federal, state, and local laws and regulations are applicable. The laws of the State of California shall govern the Contest, and its construction, including, all issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Contest Rules, Participant's rights and obligations, or the rights and obligations of Gilead in connection with the Contest, notwithstanding California's or any other jurisdiction's choice of law principles. All disputes shall be resolved exclusively by the Courts of the State of California or by Federal District Courts sitting in the Northern District of the State of California; and each Participant and Gilead irrevocably submits to the jurisdiction of any such court in any such action, suit or proceeding.

Any claim or cause of action arising out of or related to this Contest or these Official Contest Rules must be filed by the Participant within one (1) year after such claim or cause of action arose regardless of any law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action shall be forever barred.

(c) Severability. If any provision of these Official Contest Rules shall be held invalid, illegal, or unenforceable, such provision shall be enforced to the maximum extent permitted by law and the parties' fundamental intentions hereunder, and the remaining provisions shall not be affected or impaired; provided, however, that in such cases the parties oblige themselves to use their best efforts to achieve the purpose of the invalid provision by a new legally valid stipulation.

(d) Important Disclaimers and Limitations. The information and services included in or available through Gilead’s website may include inaccuracies or typographical errors. Changes are periodically made to the site and to the information therein. Gilead and its agents, representatives or contractors may change the site at any time.

6. Participant's Release of Gilead from Any and All Liability

Participants agree that Gilead, its directors, officers, employees, agents, contractors, and representatives shall not be liable for, and you hereby discharge and release them from all losses or injuries of any kind resulting from: (i) acceptance/possession and/or use/misuse of prize(s); (ii) participation in the Contest; (iii) individual, joint, or collective technical malfunctions of the telephone network and/or transmission line, computer online system, computer dating mechanism, computer equipment, hardware, and/or software; (iv) any delay or distortion of an entry resulting from data transmissions that are garbled, incomplete, misdirected, lost, mutilated, delayed, corrupted, mechanically duplicated, illegible, or otherwise not in compliance with these Official Contest Rules; or (v) any use or exploitation of any Content. Participants also agree that Gilead is not responsible or liable for any injury or damage to any Participant or third party's computer related to or resulting from the Contest and/or its prizes. Gilead is not liable for damage to a user's computer system (including, without limitation, any server failure or lost, delayed or corrupted data or other malfunction) due, either directly or indirectly, to any Participant's participation in the Contest or downloading of information in connection with the Contest. Gilead reserves the right to modify or cancel the Contest in the event that any portion of any website used to administer any aspect of the Contest becomes technically corrupted.