Terms of Use

Welcome to the “Aetna Healthy Food Fight” Website located at www.healthyfoodfight.com (“Website”). This Website is made available by the Aetna Life Insurance Company (“Aetna,” “we” or “us”).

AUTHORIZED USE AND DESCRIPTION OF THE WEBSITE. THE WEBSITE IS MADE AVAILABLE TO YOU FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES ONLY. YOUR ACCESS AND USE OF THE WEBSITE IS SUBJECT TO THESE TERMS OF USE (“TERMS OF USE”) AND ALL APPLICABLE LAWS, RULES AND REGULATIONS. BY ACCESSING OR USING ANY PART OF THE WEBSITE, YOU ACKNOWLEDGE THAT YOU ACCEPT THESE TERMS OF USE. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, YOU MAY NOT USE OR ACCESS ANY PORTION OF THE WEBSITE. BY USING THE WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THESE TERMS OF USE OR, IF YOU ARE NOT, THAT YOU HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT TO ENTER INTO THESE TERMS OF USE. THESE TERMS OF USE ARE SUBJECT TO CHANGE AT ANY TIME AT OUR SOLE DISCRETION AND ARE EFFECTIVE WHEN POSTED ON THE WEBSITE. YOU MAY REFER TO THE “LAST UPDATED” LEGEND AT THE TOP OF THIS PAGE TO DETERMINE WHEN THESE TERMS OF USE WERE LAST UPDATED. YOUR CONTINUED USE OF THE WEBSITE AFTER SUCH CHANGES HAVE BEEN POSTED CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THESE TERMS OF USE SHALL REMAIN IN FULL FORCE AND EFFECT WHILE YOU USE OR ACCESS THE WEBSITE.

When you visit the Website, you will be invited to enter the Aetna Healthy Food Fight Sweepstakes (the “Sweepstakes”) and Aetna Healthy Food Fight Contest (the “Contest”). To enter the Sweepstakes, you will be asked to submit your first and last name, e-mail address and a password. To enter the Contest, you will be asked to submit your first and last name, mailing address, email address, phone number and password. Additionally, to enter the Contest, you will be asked to submit a recipe (“Recipe”) and will have the option to submit a photograph (a “Photo”) of the meal associated with your Recipe. Your first and last name, Recipe and Photo (if applicable) shall be referred to collectively as your “Submission.” You understand and agree that by submitting your Submission you are entering the Sweepstakes and/or Competition, as applicable, and that you shall be bound by their respective Official Rules, which can be found at www.healthyfoodfight.com. You will also have the opportunity, without any obligation to enter the Contest or Sweepstakes, to provide comments on Recipes submitted to the Contest, to register on the Website in order to participate in the public voting in the Contest and to submit comments and questions through the Website. Your Submission and any comments and/or questions you provide shall be referred to collectively as “User Content.” If you choose, you can, via the Website, share your Submission by posting it to certain social media sites (“Social Media Sites”). This Website, the Sweepstakes and the Contest are in no way sponsored, endorsed or administered by or associated with any Social Media Site. If you choose to share your Submission by posting it to one or more Social Media Sites, you acknowledge that such Submissions are being provided to Aetna and are subject to these Terms of Use, but that your sharing of such Submissions may subject you to additional terms and conditions or privacy policies applicable to such Social Media Sites.

User Content:

Although Aetna is under no obligation to screen or monitor any User Content, Aetna may, in its sole discretion, screen or monitor User Content at any time to review compliance with these Terms of Use or for any other purpose, and may delete, block, refuse to post or edit any User Content and/or restrict your access to the Website at any time and for any reason without notice or liability. Aetna will make all determinations as to what User Content is appropriate in its sole discretion. Without limiting the foregoing, Aetna may remove, block or refuse to post any User Content for any reason, including User Content that in the sole judgment of Aetna violates these Terms of Use, or that may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Aetna may also disclose any User Content, and the circumstances surrounding the submission of any User Content, to any third party and for any reason.

USER CONTENT DOES NOT REFLECT THE OPINIONS OF AETNA, ITS EMPLOYEES OR AFFILIATES, AND AETNA DOES NOT ENDORSE ANY USER CONTENT AND TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY USER CONTENT POSTED, STORED OR UPLOADED BY ANY USER OR THIRD PARTY, OR FOR ANY LOSS OR DAMAGE THERETO.

User Content must adhere to the following requirements and CANNOT:

  • Contain any material (including any intellectual property) belonging to third parties, including, without limitation, logos, drawings, tattoos, photographs, pictures, sculptures, paintings and other images or works of art, phrases, trademarks, trade secrets or other items (collectively, “Third Party Materials”) unless you have the explicit prior written permission from such third party to use any such Third Party Materials;
  • Be sexually explicit or suggestive; graphically, gratuitously or unnecessarily violent; defamatory or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; or contain nudity or any materially dangerous activity;
  • Promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any political agenda or message;
  • Defame, misrepresent or disparage Aetna or any third party, including, without limitation, Aetna's or such other party's products, services or business;
  • Advertise or promote any brand or product of any kind (other than Aetna's products), without permission;
  • Contain any personally identifying information, such as license plate numbers, personal names, telephone numbers, e-mail addresses or street addresses;
  • Contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without explicit prior written permission;
  • Be in violation of any law, or depict any materials or images that are in violation of any law;
  • Contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
  • Contain any advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or promote illegal activity and/or illegal contests, sweepstakes, gambling, including any online casino, sports books, bingo or poker, or any other form of solicitation.

User Content is stored in third party servers. You may request the deletion of your User Content from such third party servers at any time by contacting us at healthyfoodfight@g2.com. However, we cannot guarantee that such deletion will result in the removal of your User Content from any third party sites, including without limitation, the Social Media Sites.

Representations and Warranties: You are solely responsible for User Content you post to the Website or otherwise submit to us. You represent and warrant that (i) the name that you post to the Website or otherwise submit to us is your name or clearly and correctly identifies you; (ii) you own the User Content submitted by you or that you otherwise have the right to grant a license for its use as set forth in these Terms of Use and no fees, royalties or other monies are owed to any third party in connection with your User Content; and (iii) neither your User Content nor the use of your User Content in accordance with the terms hereof violates the intellectual property, privacy, publicity or other proprietary rights of any third party or any applicable laws. At our request, you agree to provide us with any requested written documentation for evidence of the above.

Privacy:

We have no intention of collecting personally identifiable information from children under the age of 13. Further, if you are 18 years old or younger, you are not authorized to register or submit any content or information in connection with this Website. Additionally, the privacy of your personal information is very important to us. For more on what information we collect and how we use such information, please read our Privacy Policy located at www.healthyfoodfight.com. You agree to our collection, use and sharing of your information as set forth in the Privacy Policy.

The Website is intended for persons older than 18 years. If you live in a state where the explicit consent of a parent or legal guardian is required if you are under the age of 21, you may be required to secure such consent prior to submitting a Submission or other content to the Website.

Aside from personally identifiable information, which is defined in and subject to the Website's Privacy Policy, which can be found at www.healthyfoodfight.com, any User Content that you provide will be considered non-confidential and non-proprietary.

Unauthorized Use of the Website:

You may not use any automated means to catalog, download or otherwise reproduce, store or distribute content available on the Website or to manipulate the Website. You may not take any action to interfere with, or disrupt, the Website or any other user's use of the Website, including, without limitation, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms of Use. You may not frame portions of the Website within another web site. You may not resell use of, or access to, the Website to any third party without our prior written consent.

You agree not to use the Website for illegal purposes and you agree to comply with all applicable laws, rules and regulations related to your use of the Website, including, without limitation, any applicable copyright law. Unauthorized use of the Website includes, but is not limited to:

  • Collecting usernames and/or email addresses of other users for any purposes whatsoever;
  • Criminal or tortious activity, including, without limitation, child pornography, fraud, harassment, libel, invasion of privacy, trafficking in obscene material, spamming, sending of viruses or other harmful material, infringement of copyright or other intellectual property rights;
  • Attempting to impersonate another user or any other third party;
  • Using any Aetna trademarks, service marks, logos, names or other intellectual property owned by Aetna without Aetna's prior written consent;
  • Posting or transmitting any content that is unlawful, defamatory or libelous or that otherwise could constitute a criminal offense or encourage conduct that would be considered a criminal offense or violation of any other applicable law or give rise to civil liability;
  • Violating any proprietary rights of any person or entity.

Release:

You acknowledge and agree that you are solely responsible for your User Content and any related content uploads, posts, emails, and/or other communications disseminated in connection with your use of the Website and agree that you will not hold Aetna responsible or liable and shall release Aetna from any liability related to any User Content submitted by you, accessed by you or related to your use of the Website.

License:

You hereby grant to Aetna, its subsidiaries, affiliates and agents, a perpetual, worldwide, irrevocable, exclusive, sub-licensable, fully-paid, royalty-free license to use, redact, reproduce, publish, crop, adapt, edit, copy, modify, create derivative works of, perform, display, distribute or otherwise exploit your User Content and/or all other intellectual property contained therein, alone or with other materials, in any medium now known or hereinafter developed, for any commercial or non-commercial purposes in Aetna's sole discretion without any compensation paid to you and without further approval from you. You irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding your User Content that you may have under any applicable law or under any legal theory.

Proprietary Rights:

The Website contains information and materials protected by copyright, trademark, and/or other proprietary rights and laws. Such information and materials may include, without limitation, trademarks, service marks, trade names and logos of Aetna, its affiliates and third parties, including, without limitation, “Aetna”, “Healthy Food Fight,” etc. Nothing on the Website grants or should be construed as transferring, assigning or granting to you any rights, including without limitation, a license to use, except in connection with the authorized sharing of your Submission, any such information and materials. Additionally, you understand and agree that you do not own or have any rights in the Website, or any information or material made available through the Website (other than your User Content). Except as otherwise stated, you agree not to copy, rent, lease, sell, make available, distribute, modify or make derivative works of the Website or any information or material that we post to the Website (other than your User Content) without our prior express written consent. All rights not granted to you under these Terms of Use are reserved by us or our licensors.

Links:

The Website may provide you with links to websites, services, products, content or other material of third parties. You acknowledge and agree that we do not endorse and are not responsible or liable for any material available through such links, and that you access such material at your own risk. We encourage you to review the privacy and terms of use policies made available to you by such third parties. YOU AGREE THAT YOUR USE OF THIRD PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH WEBSITES AND RESOURCES.

No Warranties:

Your use of this Website is at your own risk. The information, materials and services on the Website are provided to you “as is,” without any express or implied representations or warranties of any kind, including any warranties as to merchantability or fitness for a particular purpose or non-infringement of intellectual property. We make no representation or warranties as to any material or information posted on the Website or that your use of content posted on or material otherwise made available through this Website will not infringe the rights of third parties.

Without limiting the foregoing, we do not guarantee the accuracy, completeness or usefulness of any content made available through the Website.

We disclaim all responsibility for any damage to your computer system or loss of data that results from your use of the Website.

WHILE WE USE REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON THE WEBSITE, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN SUCH INFORMATION. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE EITHER DIRECTLY OR INDIRECTLY TO YOU OR ANY THIRD PARTY FOR THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY MATERIAL OR CONTENT MADE AVAILABLE THROUGH THE WEBSITE, AND ANY ERRORS CONTAINED THEREIN. IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST DATA, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, OR FOR ANY DIRECT DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO US $100.00.

Indemnity:

You agree to defend, indemnify and hold us, our subsidiaries, and affiliates, and each of our respective officers, agents, directors, shareholders, partners, licensors, service providers, and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, issued by any third party due to or arising out of your use of the Website and/or arising from a breach or alleged breach of these Terms of Use by you (including, without limitation, any breach of your representations and warranties set forth herein).

Digital Millennium Copyright Act: We are committed to complying with copyright and related laws, and we require all users of the Website to comply with these laws. Accordingly, you may not store any material or content on, post, modify, distribute, or reproduce in any way copyrighted or other proprietary materials without obtaining the prior written consent of the copyright owner of such materials. Owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. It is our policy to terminate use privileges of any user who infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner's legal agent.

Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. Our designated agent (i.e., the proper party) to whom you should address such notice is listed below.

If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our designated agent with the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • A description of the copyrighted work or other intellectual property that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Website;
  • Your address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Our designated agent for notice of claims of copyright infringement can be reached as follow

By E-Mail: DMCANotice@Aetna.com

By Mail: Aetna
L&RA;
Intellectual Property & Technology
151 Farmington Avenue RW61
Hartford CT 06156

Subject: DMCA

United States of America:

Our Website is provided from the United States of America and all servers that make it available reside in the U.S.A. The laws of other countries may differ regarding the access and use of the Website. We make no representations regarding the legality of this Website in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.

Miscellaneous: Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use are governed by U.S. federal law and the laws of the State of Connecticut, U.S.A., without regard to its conflicts of law provisions, and regardless of your location; and you hereby consent to the exclusive jurisdiction of and venue in the federal and state courts located in Hartford, Connecticut, U.S.A. in all disputes arising out of or relating to the Website, and waive any jurisdictional, venue or inconvenient forum objections to such courts. Either we or you may demand that any dispute between us and you about or involving the Website must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in New York, New York, USA, provided that the foregoing shall not prevent us from seeking injunctive relief in a court of competent jurisdiction. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions. Our performance under these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect. These Terms of Use, together with any additional terms and conditions or policies referred to and incorporated herein, constitutes the entire understanding between you and us. Without limitation, you agree that a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or related to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms of Use without restriction. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written permission.

Notices and Questions: We may give you notice of certain events from time to time and may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Website or (if we choose to do so in our sole discretion) delivering them to you through email if you have provided us with your accurate email address. Should you have any questions regarding these Terms of Use you may contact us at healthyfoodfight@g2.com.

These Terms of Use are effective and were last updated on August 22, 2011.