Bayer’s "Give Back. Simply Win." Essay Contest

CATEGORIES For free,Non-Fiction,U.S. Writers
DEADLINE 5th August 2010 Thursday  
ENTRY FEE Free
PRIZE $ 5,000 donated to an eligible charity
NO PURCHASE NECESSARY TO ENTER OR CLAIM A PRIZE. THE CONTEST IS OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA [EXCEPT FOR RESIDENTS OF THE STATES OF MASSACHUSETTS (“MA”), MICHIGAN (“MI”), AND RHODE ISLAND (“RI”) AND WHERE PROHIBITED BY LAW], AGES 6 AND OLDER AT TIME OF ENTRY WHO HAVE BEEN DIAGNOSED WITH DIABETES. VOID IN MA, MI, RI, PUERTO RICO AND WHERE PROHIBITED BY LAW. MANY WILL ENTER, FEW WILL WIN.

1. ELIGIBILITY: The “Give Back. Simply Win.” Essay Contest (“Contest” or “Promotion”) is open only to legal residents of the 50 United States and the District of Columbia (except for residents of the states of MA, MI, and RI) who are 6 years of age and older at time of entry who have been diagnosed with Diabetes and are not enrolled in a Federally Subsidized Healthcare Program such as Medicare, Medicaid, SCHIP or TriCare (“participants” or “contestants”). Employees, officers and directors of Bayer HealthCare LLC (“Sponsor”), Alcone Marketing Group (“Contest Administrator”) and each of their respective parent companies, subsidiaries, corporate affiliates, advertising and promotion agencies, entities engaged in the design and implementation of the Contest, as well as members of their immediate family or same household and employees of causes/charities/organizations/movements mentioned in the contestant’s submission are not eligible if otherwise eligible according to these Official Rules. For instance, an employee cannot submit an entry to support his/her own cause to win a $5,000 donation. (Those who volunteer but are not employed at a cause/charity/organization/movement ARE eligible). "Immediate family" means spouse and children of such individuals regardless of where they reside. Void in MA, MI, RI, Puerto Rico and where prohibited by law. Actively practicing licensed healthcare professionals (physicians, nurses and certified diabetes educators) and their immediate family members (spouse and children) and individuals not residing in the United States at time of entry or who have won a Grand Prize in any promotion sponsored by Bayer Healthcare LLC over the past 12 months are not eligible to enter.

The purpose of the Contest is to promote (or encourage) giving back to your favorite local non-profit (as defined in §501(c) (3) of the Internal Revenue Code) cause/charity/organization/movement. “Local” means a cause/charity/organization/movement in your city, town or region, as opposed to a state, national or international cause/charity/organization/movement. Local includes a chapter or branch of a state, national or international cause/charity/organization/movement. Eligible not- for- profit/charitable organization must be a verifiable and shall exclude any that are directly affiliated with manufacturers of diabetes care products including Bayer DiabetesCare and any of their competitors.

FOR PERSONS BETWEEN 6 AND 12 YEARS OF AGE WHO WISH TO PARTICIPATE IN CONTEST, ENTRY WILL NEED TO BE SUBMITTED BY THEIR PARENT OR LEGAL GUARDIAN.

FOR PARTICIPANTS BETWEEN 13 AND 17 YEARS OF AGE, THE PARENT OR LEGAL GUARDIAN WILL HAVE TO CONSENT TO ENTRY.

2. CONTEST PERIOD: The entry period for the Contest begins on May 4, 2010 at 9:00:00 A.M. Eastern Daylight Time (“EDT”) and ends on August 5, 2010 at 11:59:59 P.M. EDT (“Entry Period”). The Contest data base is the official time keeping device for the Contest.

3. ENTRY/HOW TO ENTER: Contestants are required to write and submit an original essay consisting of answers to each of the following three (3) questions:

1. “Which local cause/charity/organization/movement are you passionate about and why?”

2. “How are you currently making a difference for your cause?”

3. “If your entry was selected and you won the Grand Prize (see Rule 6), how would you want the $5,000 to be spent by the cause/charity/organization/movement and why?”

Cause/charity/organization/movement must be a recognized 501(c) (3) not- for- profit entity.

The answer to each question of the essay must be a minimum of 50 words and a maximum of 200 words (included in the word counts are words such as “a”, “the”, “an” etc). Unused words in one (1) answer cannot be carried forward into another answer. Answers must be included in the designated fields of entry form; answers (collectively, “Essay”) will not be accepted in any other manner (e.g., e-mail attachment). All answers comprising an Essay must discuss the same cause/charity/organization/movement. Entry must also include a photo of the contestant (“Photo”). Do NOT include any personal information (e.g., contestant’s name, address, e-mail address) in Photo. (Essay and Photo (collectively, “Submission” or “Entry”) must be original and prepared solely for the Contest. Submissions that have won other competitions or have been previously published in any form, including on-line, are not acceptable). Photo will NOT be considered in judging.

Entry Steps:

1. Access contest.nickssimplewins.com and enter your date of birth.

2. Click on the link for the Registration Page and complete and submit Registration Form. (If you are between the ages of 6-12, your parent or legal guardian must enter for you; if you are between the ages of 13-17 you are allowed to enter, however parental or legal guardian consent is needed. If you are 18 or older, you can enter on your own).

3. Follow instructions to upload completed Submission onto the site.

4. Click on the link to submit as directed between 9:00:00 A.M. EST on May 4, 2010 and no later than by 11:59:59 P.M. EST on August 5, 2010.

Explicit permission of contestant’s parent (or legal guardian) will be required for the valid Entry of a contestant under age 18; and if person who wishes to enter is under age 13, his/her parent (or legal guardian) must complete the Registration Form.

Entry will not be valid without contestant or parent/legal guardian (if contestant is under the age of 18) checking the boxes that contestant has been diagnosed with diabetes and agreeing to these Official Rules. There is a limit of one (1) entry per person.

All Entries must be submitted (and consent provided by parent/legal guardian if under age 18) by 11:59:59 P.M. EDT on August 5, 2010. The pre-screening criteria are outlined in Rule 4.

BY SUBMITTING A PHOTO, CONTESTANT, AND PARENT OR LEGAL GUARDIAN ON BEHALF OF ANY CONTESTANT UNDER AGE 18, EXPRESSLY CONSENTS TO THE POSTING OF THE PHOTO ON THE CONTEST WEB SITE FOR PUBLIC VIEWING.

PHOTOS FROM APPROVED SUBMISSIONS WILL BE POSTED WITHIN APPROXIMATELY 4 days OF RECEIPT. POSTING OF PHOTO AND APPROVAL OF SUBMISSION DOES NOT MEAN YOU HAVE WON A PRIZE. SEE RULE 4 BELOW.

ALL FINALISTS (AS DEFINED IN RULE 4c BELOW) WILL BE REQUIRED TO SUBMIT A LETTER FROM A PHYSICIAN ON PHYSICIAN’S LETTERHEAD CONFIRMING THAT FINALIST HAS BEEN DIAGONSED WITH DIABETES. FAILURE TO PROVIDE THE LETTER WHEN REQUESTED WILL VOID THE ENTRY AND FINALIST WILL BE DISQUALIFIED WITH PRIZE(S) WON BEING FORFEITED. ALL FINALISTS ARE ALSO REQUIRED TO SUBMIT A DOCUMENT CONFIRMING THAT THEIR CAUSE/CHARITY/ORGANIZATION/MOVEMENT IS A REGISTERED 501(c) (3) ENTITY.

About Entries: No joint/group Entries; a single individual must be the contestant for each Entry. An Entry must be submitted in its entirety in the same on-line session and piecemeal Entries are void and will not be accepted. Any attempt by an eligible participant, or by a parent or legal guardian on behalf of a contestant, to obtain more than one (1) Entry by using multiple/different e-mail addresses, identities, or any other methods will void all entries for that participant and that participant will be disqualified. All Entries become the exclusive property of Sponsor. Any Entry (that is, Essay and/or Photo) which Contest Administrator, in its sole opinion, deems to be inappropriate for publication or viewing will not be considered. An Entry can neither name, depict, nor describe, any person (including Nick Jonas), living or dead, (except as provided in these Official Rules), nor can an Entry contain the trademark, trade name, or logo, or copyrighted material, including music lyrics, of any person or entity (except for the local cause/charity/organization/movement addressed in the Essay). All content must be original to contestant. If any Entry is determined in Contest Administrator’s sole discretion to infringe on the rights of any third party, that Entry will be disqualified.

Photo Specifications: Photo can be in color or black and white and cannot contain any individual other than the contestant. Photo must be in the following file format: JPEG, GIF, PNG and cannot exceed 3 MB in size. Photos that are not in compliance with these requirements (and Entries including such Photos) will not be accepted.

Use of Photos, Entries and Names: By submitting a name and Photo, contestant (if 18 years of age or older) or their parent or legal guardian on behalf of contestant (if contestant is under the age of 18): (a) grants a license to Sponsor and its agents to post the Photo and/or use contestant’s name (first name, last initial) on the Sponsor’s web sites, including www.contest.nickssimplewins.com or any other web site related to the Contest, or to use and edit Photo at any time or times, in any media, and contestant shall have no right of notice, review or approval of any such use of the Photo and/or contestant’s name; (b) acknowledges and agrees that the Essay (or any answer comprising the Essay) and/or his/her name, image or likeness may be used in whole or in part, alone or in combination with other works, and that the Essay (or any answer comprising the Essay) may be changed, altered, edited or modified, used in distorted, illusory or composite form, or in any other manner, as solely determined by Sponsor; (c) warrants and represents that contestant has received all rights, releases and permissions which may be necessary from the photographer of the Photo to grant this license for the use of the Photo as stated; and (d) shall provide specific written consent to any use granted above upon request of Sponsor.

By entering, each contestant (if 18 years of age or older) or their parent or legal guardian on behalf of contestant (if contestant is under the age of 18) represents and warrants that:

(i) contestant’s Photo is the Photo of that contestant;

(ii) the Essay (that is, all answers comprising the Essay) is the sole, exclusive, and original creation of contestant and has not been copied in whole or in part from any other work; and,

(iii) the Essay and Photo do not violate or infringe any copyright, trademark/trade name, logo, or intellectual property right, other proprietary right of any person (including but not limited to rights of privacy or publicity or portrayal in a false light), or entity [excluding only the local cause/charity/organization/movement addressed in the Essay]; and,

(iv) the Essay and Photo are the sole and exclusive property of contestant; and,

(v) the Essay and Photo have not been published, or submitted in any other competition.

Sponsor will not respond to any questions about an Entry or the Contest. Any questions shall be directed to the Contest Administrator at info@nickssimplewins.com. Once an Entry is submitted, it cannot be changed, altered or modified by a contestant.

4. SELECTION OF THE FINALISTS/DETERMINATION OF GRAND PRIZE WINNERS:

a. All Entries will be pre-screened by Contest Administrator; and Entries which pass the pre-screening criteria (preliminary, non-binding assessment of eligibility of contestant and whether each answer comprising Essay addresses the applicable question as per Rule 3, that the length of each answer is proper and the answers do not contain material which is unsuitable or does not meet criteria as set forth in these Official Rules) will be judged in accordance with Rule 4b below.

b. All approved Entries will be judged by Contest Administrator on a scale of 1-15 using the following criteria: (a) Creativity (b) Originality and (c) Persuasiveness. There are three (3) age categories: age 6-12; 13-17 and 18 and above. The top three (3) entries in each age category with the highest cumulative score are “Finalists” and will receive the Finalist Prize as per Rule 6 below. In the event of a tie, the Finalist winning Entry will be the Entry (among tied Entries) with the higher/highest score in Persuasiveness, and if there is still a tie, the tied Entries will be re-judged by Contest Administrator on the indicated criteria.

c. Finalists will be re-judged by Contest Administrator and/or Nick Jonas/ a representative of Nick Jonas (collectively, Team Jonas”) on a scale of 1-15 using the following criteria: (a) Creativity (b) Originality and (c) Persuasiveness.

d. The Finalist in each age category with the highest cumulative score among the three (3) Finalists in that age category will receive a Grand Prize (“Grand Prize Winner”), in addition to the Finalist Prize as per Rule 6 below. In the event of a tie, the Grand Prize winning Entry will be the Entry (among tied Entries) with the higher/highest score in Persuasiveness, and if there is still a tie, the tied Entries will be re-judged by Team Jonas based on the criteria in Rule 4(c) above.

e. Grand Prize Winners must be available to be interviewed by video crew; and, Grand Prize Winner (if under the age of 18, their parent or legal guardian) understand and agree that the content of such interviews, as between Grand Prize Winner and Sponsor belongs solely to Sponsor and agree upon request to sign any and all documentation to confirm Sponsor’s rights to such interview content.

5. NOTIFICATION: Each Finalist (if 18 years of age or older) or the parent or legal guardian of the Finalist (if under the age of 18) will be required to sign and return an Affidavit of Eligibility, a Liability Release and, except where prohibited by law, a Publicity Release; and other documents as requested by or on behalf of Sponsor including a letter from the Finalist’s physician on physician’s letterhead confirming that Finalist has been diagnosed with diabetes as well as a letter from the applicable local cause/charity/organization/movement, and age verification document(s).. If Affidavit/Release/Physician Letter and/or any additional documents and releases required are not received within three (3) days of date stated on notification, or if notification is returned as non-deliverable, or if a Finalist is found to be ineligible or not in compliance with these Official Rules, the Finalist will be disqualified and the contestant whose Entry had the next highest cumulative score in the applicable age category (as per Rule 4b) will be notified. After completed documentation has been received and verified, Finalists (first name, last initial; city/state of address) will be announced on www.contest.nickssimplewins.com.

Grand Prize Winners (if 18 years of age or older) or the parent or legal guardian of a Grand Prize Winner (if under the age of 18) will be notified on or about September 1, 2010.

6. PRIZES/APPROXIMATE RETAIL VALUES (“ARV”): Nine (9) Finalist Prizes (Three (3) Finalist Prizes for each age category): a sterling silver dog tag and a framed autograph picture of Nick Jonas. ARV: $250 each. Three (3) Grand Prizes (One (1) Grand Prize for each age category): A $5,000 donation to charity specified in Essay (“Charity”) to be awarded in the form of check made out to Charity. Charity must be recognized under §501(c) (3) of the Internal Revenue Code (generally, a “not-for- profit” organization with a Federal Tax ID #). Donation will be made by Sponsor to Charity. Charity is subject to final approval of Sponsor, which may be granted or withheld in its sole discretion. Grand Prize Winner will not be credited with donation; without limiting the foregoing, Grand Prize Winner will not be able to take a charitable deduction (or any other tax benefit) in conjunction with the donation. Prize also includes a trip for Grand Prize Winner and one (1) guest to meet Nick Jonas at a future date and place ("Meet Nick"). The venue, location, and destination (which could be located within or outside of the United States) and dates of trip to Meet Nick will be determined by Sponsor in its sole discretion based on the availability of Nick Jonas. Grand Prize Winners must be able to travel on dates specified by Sponsor or trip portion of Grand Prize will be forfeited without compensation of any kind; and, in such case, Grand Prize will consist only of Sponsor’s donation of $5,000 to Charity. Trip consists of round-trip transportation (coach air travel from major airport or other reasonable method of ground transportation near Grand Prize Winner’s residence to destination, standard hotel accommodations for 2 nights (1 room - double occupancy), and round-trip transfers between ground or air transportation and hotel. Destination and exact travel dates will be identified in Finalist notification materials. ARV of Trip: $5,990.

7. PRIZE RESTRICTIONS: No substitution, cash redemption or transfer of prize, but Sponsor reserves the right to substitute trip prize in whole or in part with prize of comparable or greater value if trip prize becomes unavailable for any reason. Meeting Nick Jonas is not guaranteed and is subject to Nick Jonas’ availability and professional commitments. If winner does not meet Nick Jonas for any reason, Sponsor’s liability will be limited to providing the remaining elements of the prize (a trip for winner to destination and $5,000 donation to charity). If a winner is under the age of 18, prize may be awarded in the name of winner’s parent or legal guardian, who will assume all responsibilities of winner. ARV of Finalist Prize reflects retail – NOT resale – value of signed picture of Nick Jonas. An IRS Form 1099 for the fair market value of the trip portion of the Grand Prize and Finalist Prize will be filed and a copy provided to the Grand Prize Winner (if 18 years of age or older) or the parent (or legal guardian) of the Grand Prize Winner if under the age of 18, assuming that winner receives trip portion of Grand Prize. All applicable federal, state, local and other taxes and fees associated with the prize and expenses not stated related to acceptance and use of a prize are solely the responsibility of the winners (if 18 years of age or older) or parent or legal guardian of winners (if under the age of 18). If a prize cannot be accepted as stated prize will be forfeited in its entirety and to the extent feasible will be awarded to an alternate winner with the next highest score in specified age category. Grand Prize travel is subject to airline and hotel availability, and other restrictions apply. Trip must be completed on dates and at times determined by Sponsor in its sole discretion based on the availability of Nick Jonas. Once a reservation has been confirmed, no changes are permitted. Winners and travel guests will be responsible for having a valid passport if required for international travel. Reservations and airline tickets are non-refundable for cash or credit, non-transferable and non-changeable once issued. If lost, they will not be replaced. Grand Prize Winners and travel guests must travel on same itinerary on dates and at times approved by Sponsor. Travel guests of Grand Prize Winners (if guest is under the age of 18, his/her parent or legal guardian) must execute a Liability Release and, where legal, Publicity Release within a specified time prior to issuance of travel documents. If Grand Prize Winner is under the age of 18, parent/legal guardian must accompany the winner as the guest on the trip; if guest is under the age of 18, he/she may only accompany his/her parent or legal guardian on trip (i.e., the parent/legal guardian is the Grand Prize Winner). Actual value of trip portion of Grand Prize will vary depending upon trip destination, winner’s residence and time of travel. If a Grand Prize Winner lives within approximately 150 miles of destination once identified (as determined by Sponsor in its sole discretion), ground transportation will be provided in lieu of air transportation and winner will not receive any substitute prize or compensation in conjunction therewith.

8. General Conditions: By participating, contestants (if 18 years of age or older) or their parents or legal guardians on behalf of contestant (if under the age of 18) agree (a) to be bound by these Official Rules and the decisions of Sponsor, Contest Administrator and Team Jonas (if applicable), which decisions shall be final and binding in all matters relating to the Contest; (b) that Sponsor, Contest Administrator, the Jonas Entities (as defined herein), their respective affiliates, parent companies, subsidiaries, distributors, advertising and promotion agencies, and their respective officers, directors, employees, representatives and agents (individually and collectively “Releasees”) are released, will have no liability whatsoever for, and shall be held harmless by contestants (and a contestant’s parent/legal guardian, if contestant is under the age or 18) against any and all liability for any injuries, losses or damages, rights, claims and actions of any kind to person(s), including personal injury, death, or damage to or loss of property, or intellectual property, or rights of publicity or privacy, defamation, or portrayal in a false light, resulting in whole or in part, directly or indirectly, in connection with the acceptance, possession, misuse or use of a prize or participation in any Contest related activity; (c) that they have read and understand the Contest Privacy Policy and Conditions of Use available at www.contest.nickssimplewins.com; (d) to indemnify Sponsor and the Jonas Entities (as defined herein) for any unauthorized use or misuse of or modification to any prize; (e) that contestants (if 18 years of age or older) or their parents or legal guardians on behalf of contestant (if under the age of 18) who do not comply with these Official Rules, or who attempt to interfere with this Contest in any way shall be disqualified and (f) that winner (if 18 years of age or older) or their parent or legal guardian on behalf of winner (if under the age of 18), by acceptance of prize(s), except where legally prohibited, grants permission for Sponsor (and agrees to confirm such permission in writing) and those acting pursuant to Sponsor’s authority to use, in perpetuity, winner’s name, picture, voice and/or likeness, biographical information and statements and prize information, and Essay (and notwithstanding anything to the contrary in these Official Rules license the use of the Essay to Sponsor, which may be altered, changed, modified, edited, used alone, together or with other works, and/or used in distorted, illusory or composite form, as solely determined by Sponsor) for advertising, trade and promotional purposes without further compensation, at any times or time, in all media now known or hereafter discovered world wide, and on the Internet and/or World Wide Web, without notice or review or approval. Contestants or their parents or legal guardians on behalf of contestant (if under the age of 18) acknowledge that no representation or warranty, written or oral, express or implied, in law or in fact is made for any prize except only that which may be made for that prize in the limited written warranty, if any, provided with that prize by the manufacturer of that prize. Winning Essays will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then winner or his/her parent or legal guardian on behalf of winner (if under the age of 18) irrevocably sells, assigns and transfers to Sponsor all right, title and interest in and to his/her Essay, including but not limited to all copyright and trademark rights, in the United States and worldwide, therein, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged. Winner or his/her parent or legal guardian on behalf of winner (if under the age of 18) hereby waives in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights” or any similar rights or principles of law that winner may now or later have in the Essay. Upon request of Sponsor, winner (if 18 years of age or older) or winner’s parents or legal guardians on behalf of winner (if under the age of 18) shall execute and deliver such additional instrument of sale, transfer and assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Entry and of the copyrights transferred hereunder, and the waiver of all rights of “Droit Moral” or “Moral Rights” or any similar rights or principles of law and to record and perfect same. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the transfer and/or assignment.

9. LIABILITY LIMITATIONS: Participation in Contest online is subject to the Web site’s Privacy Policy and Conditions of Use at www.contest.nickssimplewins.com. IF YOU DO NOT AGREE TO THE WEB SITE’S PRIVACY POLICY AND CONDITIONS OF USE, DO NOT ENTER THE CONTEST, PROVIDE ANY PERSONAL INFORMATION ON THE WEB SITE OR OTHERWISE USE THE WEB SITE. The Releasees are not responsible for and shall not be liable for: (a) printing or typographical errors in any Contest-related materials and in the event of any inconsistency between Contest-related materials and these Official Rules, these Official Rules shall govern and control, (b) technical failures of any kind including but not limited to electronic, hardware or software program, network, telephone (including wireless devices and/or handsets), Internet, website, ISP availability or computer malfunctions, failures, or difficulties of any kind, including without limitation, computer malfunction or by any human error which may occur in the administration, collection and processing of Entries; (c) failed, incomplete, garbled or delayed computer transmissions; (d) lost, late, undeliverable, misdirected or incomplete or inaccurate Entries or regular or express mail; (e) unauthorized human or other intervention in any part of the entry process or the Contest; (f) any error or condition that may cause the Contest to be disrupted or corrupted, regardless of the cause; or (g) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participation in the Contest or receipt or use or misuse of any prize. If, for any reason, a contestant’s Entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, contestant’s sole remedy is to submit another Entry in the Contest, provided that, it is possible to submit another Entry in accordance with these Official Rules prior to end of the Contest. Neither the “Jonas Brothers” collectively p/k/a (“Artist”), Nicholas Jonas, Joseph Jonas and Kevin Jonas, Artist’s management, nor any entity affiliated with the Artist (collectively, the “Jonas Entities”) are endorsing, sponsoring or otherwise affiliated with the Contest in any way. The Jonas Entities shall have no obligations to any contestants. Notwithstanding the foregoing, Nicholas (“Nick”) Jonas (individually) is affiliated with, but not otherwise a sponsor of the Contest. Sponsor is solely responsible for the administering of the Contest and furnishing all Contest prizes in accordance with all applicable laws and regulations.

Sponsor reserves the right, in its sole discretion, to cancel, modify, terminate or suspend the Contest or any portion thereof should the Contest be incapable of running as planned, including viruses, bugs, technical difficulties, unauthorized intervention, suspected or actual electronic tampering, fraud, or other causes for any reason corrupt the administration, security, fairness, integrity or proper play of the Contest. In the event of cancellation, termination or suspension, notice thereof will be posted at www.contest.nickssimplewins.com and winners will be selected by Administrator in accordance with the criteria specified in Rule 4 above from among all eligible Entries legitimately received immediately prior to the event causing the termination or suspension or via some other means determined by Sponsor in its sole discretion to be fair, appropriate and consistent with these Official Rules. Administrator (on behalf of Sponsor) reserves the right to void any Entries determined by Administrator in its sole discretion to have been submitted fraudulently or in contravention of the Official Rules. CAUTION: ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Contest, including construction, validity, interpretation and enforceability of these Official Rules shall be (1) governed by the laws of the State of New York without regard to choice of law or conflict of law principles (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York; (2) any dispute, claims and causes of action arising out of or connected in any way with the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and brought exclusively in a federal or state court in New York; (3) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (4) under no circumstances will contestant be permitted to obtain awards for, and contestant hereby waives all rights to claim, indirect, 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.

10. Winners List: For the First Name, Last Initial, City, State of the Grand Prize winners, access contest.nickssimplewins.com before September 30, 2010.

SPONSOR: Bayer HealthCare LLC, Diabetes Care 555 White Plains Road, Tarrytown, NY 10591.

http://contest.nickssimplewins.com/
http://contest.nickssimplewins.com/contest/

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