THE POLYSPORIN® HEALING INDEX TWITTER PARTY CONTEST (THE “CONTEST”) IS INTENDED TO BE CONDUCTED IN CANADA EXCLUDING QUEBEC, ONLY AND SHALL BE CONSTRUED AND EVALUATED ACCORDING TO APPLICABLE CANADIAN LAW. NO PURCHASE IS NECESSARY. PARTICIPANTS MUST BE OF THE AGE OF MAJORITY OR OLDER IN THEIR PROVINCE OR TERRITORY OF RESIDENCE OR OLDER AT THE TIME OF ENTRY. VOID IN WHOLE OR PART WHERE PROHIBITED BY LAW. ENTRY IN THIS CONTEST CONSTITUTES ACCEPTANCE OF THESE CONTEST RULES (THE “CONTEST RULES”).
1. ELIGIBILITY. To be eligible to enter and win this Contest, an individual must:
(a) be a resident Canadian who is a Canadian Citizen or a permanent resident ordinarily resident in Canada, or any person temporarily resident in Canada during the Contest Period (excluding residents of the province of Quebec);
(b) be of the age of majority in his/her province or territory of residence or older at the time of entry;
(c) submit a Tweet (as defined below) in accordance with the Submission Guidelines and Restrictions as set out below;
(d) be the sole owner of all right, title and interest (including copyright) in and to the Tweet (as defined below) submitted in connection with the Contest;
(e) have a valid and appropriate Twitter account and/or profile as determined by Sponsor in their sole discretion, that does not contain: material that is libelous, defamatory, profane or obscene, hateful, racially offensive, violent, vulgar, pornographic, sexually explicit, or otherwise offensive or objectionable content; and
(f) agree to comply with the Contest Rules.
Employees of Johnson & Johnson Inc. (the “Sponsor”), their respective affiliates, subsidiaries, related companies, advertising and promotional agencies, and the household members of any of the above, are not eligible to participate in the Contest.
The Sponsors shall have the right at any time to require proof of identity and/or eligibility to participate in the Contest. Failure to provide such proof may result in disqualification at the Sponsors’ sole discretion. All personal and other information requested by and supplied to the Sponsors for the purpose of the Contest must be truthful, complete, accurate and in no way misleading. The Sponsors reserve the right, in its/their sole discretion, to disqualify any entrant should such an entrant (i) at any stage supply untruthful, incomplete, inaccurate or misleading personal details and/or information; or (ii) fail to strictly adhere to these Contest Rules.
2. CONTEST PERIOD.
The Contest begins at 9:00 p.m. Eastern Daylight Time (“EDT”) on Tuesday, August 4th, 2015 and ends at 10:00 p.m. EDT on Tuesday, August 4th, 2015 (the “Contest Period”) after which time the Contest will be closed and no further entries shall be accepted.
Entries for each contest draw must be received prior to the close of the contest draw period as described below (“Contest Draw Period”), and no further entries shall be accepted after the Contest Period ends.
Draw # Opens Closes
One August 4th, 2015 9:00pm EDT August 4th, 2015 9:15pm EDT
Two August 4th, 2015 9:16pm EDT August 4th, 2015 9:30pm EDT
Three August 4th, 2015 9:31pm EDT August 4th, 2015 9:45pm EDT
Four August 4th, 2015 9:46pm EDT August 4th, 2015 10:00pm EDT
3. HOW TO ENTER.
(a) There is no purchase necessary to enter the Contest. Enter using the method of entry outlined below. No entries will be accepted by any other means.
(i) You must RSVP at http://listen2lena.wpengine.com/2015/07/lets-chat-about-the-playground-polyhealingindex.html
(ii) You must be a registered user on Twitter.com (a third party Web site hereinafter “Twitter”) to enter. If you do not have a Twitter account, follow the onscreen instructions to register for a free Twitter account at www.twitter.com. You will be asked to provide your first and last name and email address and to set up a user name and password. You may also be asked to answer optional questions; however, they need not be answered in order to be eligible for the Contest.
(iii) You must be a follower of @PolysporinCA;
(iv) During the Contest Period, up to eight (8) questions (“Initiating Tweets”) will be tweeted throughout the Contest Period by the @PolysporinCA handle or one of the co-host handles. You will receive one (1) entry for each eligible tweet you make during the Contest Period (a “Tweet”). Tweets posted within each Contest Draw Period will be included for that contest draw and any remaining contest draw(s) during the Contest Period.
(v) By submitting your Tweet you indicate your agreement and compliance with the Rules. Your Tweet must be in accordance with the specific requirements listed below.
(b) Each entrant must submit the Tweet together with hashtag #PolyHealingIndex and as described in Section 3(a)(iv)(“Entry” or “Entries”).
(c) Tweet Submission Guidelines and Restrictions:
(i) The Tweet must be entered by an individual that is the legal age of majority or older in his or her province or territory of residence at the time of entry;
(ii) Each Tweet must include the hashtag (#PolyHealingIndex) and must be within the context of outdoor play, as determined by Contest Sponsors in their sole discretion.
(iii) The Tweet must not contain any reference to personal information of the entrant or others, including name or information that may be used to identify or locate another individual or that could otherwise be deemed to constitute invasion of another’s privacy;
(iv) The Tweet must be original, non-professional and not have previously won any awards of any kind;
(v) The Tweet must not contain material that is inappropriate, as determined by Sponsor in its sole discretion, including but not limited to, material that is harassing, threatening, derogatory, slanderous, libelous, demeaning, defamatory, racist, abusive, hateful, violent or obscene language or material, or discriminatory language or material;
(vi) The Tweet must not contain false, misleading, damaging, deceptive or exaggerated comments regarding the Sponsor, any of its affiliates or any of their products, or regarding competitors or any of their products;
(vii) The Tweet must be original and all right, title, and interest (including copyright) is owned and/or controlled by the entrant to the full extent necessary to enable the Sponsor to use the Tweet as contemplated by the Contest Rules;
(viii) The Tweet must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement, or other statutory or common law rights of a third party;
(ix) The Tweet must not contain brand names or trademarks other than those owned by Sponsor, which entrant has a limited license to use to incorporate in his/her Tweet in this Contest;
(d) There is not a maximum number of Tweets, however; all Tweets must be unique and original to be considered a valid Entry. The decision as to whether a tweet qualifies as an Entry will be at the sole discretion of the Contest Sponsors.
(e) All Entries including the Tweet, become the sole property of the Sponsors and none will be returned for any reason. Entries must be received no later than the end of the Contest Period. Entries will be declared invalid if they are late, illegible, incomplete, damaged, irregular, mutilated, forged, garbled or mechanically or electronically reproduced. No communication or correspondence will be exchanged with entrants except with those selected for a Prize.
(f) Entries received online shall be deemed to be submitted by the authorized account holder of the Twitter profile and/or account associated with the entry. For the purpose of the Contest Rules, “authorized account holder” of a Twitter account is defined as the natural person who is assigned to a Twitter handle or account by Twitter.com the on-line organization responsible for assigning the profile associated with the submitted Twitter handle or account. Each selected entrant may be required to provide the Sponsors with proof that the selected entrant is the authorized account holder of the Twitter account associated with the winning Entry.
(a) There are four (4) prizes available to be won by the Prize winners (the “Winners” and each a “Winner”) consisting of : a POLYSPORIN® Summer Essentials kit consisting of select POLYSPORIN® products and $50 Walmart Gift Card. Each Prize has an approximate value of ninety dollars (CDN $90.00). Actual value of Prize will depend on the actual product selection available at the Sponsor’s sole discretion. There is one (1) Prize available to be won for each Contest Draw Period.
(b) Winner is not entitled to monetary difference between actual Prize value and stated approximate Prize value, if any.
(c) Prize will be distributed within fifteen (15) business days after the Winner has been successfully contacted and notified of his/her Prize and fulfilled the requirements set out herein.
(d) If a Winner fails to comply with these Contest Rules or voluntarily withdraws, he/she will be disqualified and will not receive a Prize and the Sponsor reserves the right to select another or additional entrant(s), in the Sponsor’s sole discretion, until such time as an entrant satisfies the terms set out herein.
(e) Prize must be accepted as awarded and cannot be transferred, assigned, substituted or redeemed for cash, except at the sole discretion of the Sponsor. Any unused portion of a Prize will be forfeited and have no cash value. The Sponsor reserves the right, in its and their sole discretion, to substitute a prize of equal or greater value if a Prize (or any portion thereof) cannot be awarded for any reason.
(f) Shipped Prizes shall not be insured and the Sponsor shall not assume any liability for lost, damaged or misdirected Prizes.
5. WINNER SELECTION.
One entrant shall be selected as follows as a potential Winner during each of the four (4) Contest Draw Periods:
(a) On or about the close of each Contest Draw Period in Toronto, Ontario, one (1) Entrant will be selected by a random draw from all eligible Entries received prior to the close of the respective Contest Draw Period. The selected entrant shall be eligible to win only one (1) Prize during the entire Contest Period. The odds of being selected as a potential winner are dependent upon the number of eligible Entries received by the Sponsor during the Contest Period. Before being declared a Winner, the selected entrant shall be required to correctly answer, without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill-testing question to be administered during a pre-arranged telephone call or by e-mail, to comply with the Contest Rules and sign and return the Release (described below). The Sponsor may, in its sole discretion, provide an alternate skill-testing question or vary the requirements to perform any skill-testing component of the Contest to accommodate and include the participation of entrants with physical or cognitive disabilities.
(b) EACH SELECTED ENTRANT WILL BE NOTIFIED BY DIRECT MESSAGE ON TWITTER.COM NO LATER THAN TWO BUSINESS DAYS FOLLOWING THE CLOSE OF THE CONTEST PERIOD AND MUST RESPOND WITHIN TWO (2) BUSINESS DAYS OF NOTIFICATION. Upon notification, the selected entrant must respond by e-mail to the information provided in the notification, and the selected entrant’s response must be received by the Sponsor within two (2) business days of such notification. If the selected entrant does not respond in accordance with the Contest Rules, he/she fails to comply with the terms of these official Contest Rules or voluntarily withdraws from the Contest, he/she will be disqualified and will not receive a Prize and another entrant may be selected in the Sponsor’s sole discretion until such time as an entrant satisfies the terms set out herein. The Sponsor is not responsible for the failure for any reason whatsoever of a selected entrant to receive notification or for the Sponsor to receive a selected entrant’s response.
(c) If, as a result of an error relating to the entry process, drawing or any other aspect of the Contest, there are more selected entrants than contemplated in these Contest Rules, there will be a random draw amongst all eligible Prize claimants after the Contest’s closing date to award the correct number of Prizes.
Winners will be required to execute a legal agreement and release (“Release”) that confirms Winner’s: (i) eligibility for the Contest and compliance with these Contest Rules; (ii) acceptance of the Prize as offered; (iii) release of each of the Sponsor and Twitter.com and their respective parent companies, subsidiaries, affiliates and/or related companies and each of their employees, directors, officers, suppliers, agents, sponsors, administrators, licensees, representatives, advertising, media buying and promotional agencies (collectively, the “Releasees”) from any and all liability for any loss, harm, damages, cost or expense arising out of participation in the Contest, participation in any Contest-related activity or the acceptance, use, or misuse of any Prize, including but not limited to costs, injuries, losses related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light, or from any and all claims of third parties arising therefrom; and (iv) grant to the Sponsor of the unrestricted right, in the Sponsor’s collective or individual discretion, to produce, reproduce, publish, reproduce, convert, broadcast, communicate by telecommunication, exhibit, distribute, translate, adapt and otherwise use and re-use the Tweet and Winner’s name, Twitter handle, photograph, likeness, voice and biography in any and all media now known or hereafter devised, in connection with the Contest and the promotion and exploitation thereof. The executed Release must be returned within two (2) business days of the date indicated on the verification as a Winner or the selected entrant will be disqualified and the Prize forfeited and there will be no Prize distributed for that Contest Draw Period.
7. INDEMNIFICATION BY ENTRANT.
By entering the Contest, entrant releases and holds Releasees harmless from any and all liability for any injuries, loss or damage of any kind to the entrant or any other person, including personal injury, death, or property damage, resulting in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any Prize, participation in the Contest, any breach of the Contest Rules, or in any Prize-related activity. The entrant agrees to fully indemnify Releasees from any and all claims by third parties relating to the Contest, without limitation.
8. RIGHTS CLEARANCE.
By providing the Tweet to the Sponsor in connection with the Contest, each entrant shall retain all right, title and interest (including copyright) in and to the Tweet, and shall grant to the Sponsor a worldwide, gratuitous, irrevocable, and exclusive licence to copy, use, modify, reproduce, display, adapt and transmit the Tweet for use in all media now known or hereafter devised in perpetuity beginning on the date of entry, including, but not limited to, in connection with the administration, promotion and exploitation of the Contest. The entrant hereby confirms that the Tweet is an original work, solely created by the entrant, and that no third party participated as an author, co-author, photographer or otherwise in the creation of the Tweet or any part thereof. Sponsors assume no responsibility for any claims of infringement of rights to copyright, privacy and/or personality, and all such liability shall remain with the entrant. In addition, each entrant represents to Sponsor that the Tweet does not infringe any copyright interest of any third party and that the Tweet is not defamatory or obscene and does not violate any laws relating to hate speech or otherwise. Sponsor reserves the right to exclude any Tweet on the basis of concerns relating to the rights of third parties, including but not limited to privacy, copyright, defamation, rights of personality, obscenity or hate speech, as determined by Sponsor in its sole discretion.
9. LIMITATION OF LIABILITY.
The Sponsor assumes no responsibility or liability for lost, late, unintelligible/illegible, falsified, damaged, misdirected or incomplete entries, notifications, responses, replies or any Release, or for any computer, online, software, telephone, hardware or technical malfunctions that may occur, including but not limited to malfunctions that may affect the transmission or non-transmission of an entry. The Sponsor is not responsible for any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the administration of the Contest. The Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Sponsor is not responsible for any problems, failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, e-mail, players, or browsers, on account of technical problems or traffic congestion on the Internet, at any website, or on account of any combination of the foregoing or otherwise. The Sponsor is not responsible for any injury or damage to entrant or to any computer related to or resulting from participating or downloading materials in this Contest. Entrant assumes liability for injuries caused or claimed to be caused by participating in the Contest, or by the acceptance, possession, use of, or failure to receive any Prize. The Sponsor assumes no responsibility or liability in the event that the Contest cannot be conducted as planned for any reason, including those reasons beyond the control of the Sponsors, such as infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or corruption of the administration, security, fairness, integrity or proper conduct of this Contest or the Contest Website.
By participating in the Contest, each entrant agrees to be bound by the Contest Rules, which will be posted at http://listen2lena.wpengine.com/2015/07/lets-chat-about-the-playground-polyhealingindex.htmlthroughout the Contest Period or as otherwise indicated in any Contest Sponsor tweets during the Contest Period. Entrant further agrees to be bound by the decisions of the Sponsor, which shall be final and binding in all respects. The Sponsor reserves the right, in its sole discretion, to disqualify any entrant found to be: (a) violating the Contest Rules; (b) tampering or attempting to tamper with the entry process or the operation of the Contest or the Contest Website Twitter feed; (c) violating the terms of service, conditions of use and/or general rules or guidelines of any online Johnson & Johnson Inc. property or service; and/or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE CONTEST TWITTER FEED OR ANY RELATED WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSORS RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO CRIMINAL PROSECUTION.
11. PRIVACY / USE OF PERSONAL INFORMATION.
(a) By participating in the Contest, entrant: (i) grants to the Sponsor the right to use his/her Twitter handle, name, photo, image, likeness, mailing address, and e-mail address (“Personal Information”) for the purpose of administering the Contest, including but not limited to contacting and announcing the Winners; (ii) grants to the Sponsor the right to use his/her Personal Information for publicity and promotional purposes relating to the Contest, in any and all media now known or hereafter devised, without further compensation unless prohibited by law; and (iii) acknowledges that the Sponsor may disclose his/her Personal Information to third-party agents and service providers of any of the Sponsor in connection with any of the activities listed in (i) and (ii) above.
(b) The entrant’s Personal Information will be stored in the database of a third party retained by the Sponsor, and such database is located outside of Canada. If you wish to obtain access to written information about the Sponsor’s policies and practices with respect to the service providers it uses outside of Canada or to speak to the Chief Privacy Officer about questions you may have regarding the collection, use, disclosure or storage of personal information by service providers outside Canada, you may write to the Sponsor at: Johnson & Johnson Inc. Consumer Care Center, Attn: Canadian Chief Privacy Officer, 199 Grandview Rd., Skillman, NJ, USA 08558-9418 or call the Sponsor at 1-800-265-8383 and ask to speak to the Office of the Chief Privacy Officer, or please use our contact us [www.polysporin.ca/contact] form to send your request by. email and ask that the Chief Privacy Officer provide answers to your questions about the above.
12. INTELLECTUAL PROPERTY.
All intellectual property, including but not limited to trade-marks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned by the Sponsors and/or their affiliates. All rights are reserved. Unauthorized copying or use of any copyrighted material or intellectual property without the express written consent of its owner is strictly prohibited. POLYSPORIN® is a trade-mark of Johnson & Johnson Inc., used under license.
Sponsor reserves the right, in its sole discretion, to terminate the Contest, in whole or in part, and/or modify, amend or suspend the Contest, and/or the Contest Rules in any way, at any time, for any reason without prior notice.
These are the official Contest Rules. The Contest is subject to applicable federal, provincial and municipal laws and regulations. The Contest Rules are subject to change without notice in order to comply with any applicable federal, provincial and municipal laws or the policy of any other entity having jurisdiction over the Sponsors. All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest Rules or the rights and obligations as between the entrant and the Sponsors in connection with the Contest shall be governed by and construed in accordance with the laws of the province of Ontario including procedural provisions without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws.
15. LANGUAGE DISCREPANCY.
In the event of any discrepancy or inconsistency between the terms and conditions of the Contest Rules and disclosures or other statements contained in any Contest-related materials, including but not limited to the Contest entry form, or point of sale, television, print or online advertising, the terms and conditions of the Contest Rules shall prevail, govern and control.