Official Rules
WALK IN NICK'S SHOES SWEEPSTAKES
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. SWEEPSTAKES IS OFFERED IN AND IS OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND DISTRICT OF COLUMBIA AT LEAST 13 YEARS OF AGE. VOID IN PUERTO RICO AND WHERE PROHIBITED.
1. Eligibility: The Walk in Nick's Shoes Sweepstakes Sweepstakes ("Sweepstakes" or "Promotion") is open only to legal residents of the 50 United States and District of Columbia age 13 or older who have been diagnosed with Diabetes and are not enrolled in a Federally Subsidized Healthcare Program, such as Medicare or Medicaid. Employees, officers and directors of Bayer HealthCare ("Sponsor"), Rapp Collins Worldwide, Measure 2X, Fitness4Diabetics LLC, and each of their respective parent companies, subsidiaries, corporate affiliates, advertising and promotion agencies and entities engaged in the design and implementation of the sweepstakes and the immediate family members and members of the same household of such individuals are not eligible. "Immediate family" means parents, children, siblings and spouse and their respective spouses, regardless of where they reside. Void in Puerto Rico and where prohibited.
2. Sweepstakes Period: Sweepstakes begins on August 25, 2008 at 12:00:01 AM Eastern Time ("ET") and ends on October 1, 2008 at 11:59:59 PM ET. Sponsor's Sweepstakes computer is the official time keeping device for the Sweepstakes.
3. How To Enter: Visit www.NicksSimpleWins.com and follow the directions provided to complete and submit the online entry form for receipt by 11:59:59 PM ET on October 1, 2008. Limit of one entry per person or email address for entire Sweepstakes period. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed to be submitted by the authorized account holder of the email address submitted at the time of entry. The authorized account holder is the natural person assigned to the email address by the organization responsible for assigning email addresses. Any attempt by any participant to obtain more than one entry by using multiple/different email addresses, identities or any robotic, automatic and similar methods will void all that participant's entries and that participant will be disqualified. Permission of parent (or legal guardian) will be required for entrants under the age of 18. Online is the only method of entry.
4. Drawing: A random drawing will be conducted on or about October 3, 2008 from among all eligible entries received under the supervision of Measure 2X, an independent judging agency. Odds of winning a prize depend on number of eligible entries received.
5. Notification: Grand Prize winners will be notified by express courier ("Notification") and will be required to complete and sign an Affidavit of Eligibility, a Liability Release and, except where prohibited by law, a Publicity Release and return these documents within the time specified in the notification letter. First and Runner Up Prize winners will be notified and receive their prizes by regular postal mail. Failure by a Grand Prize winner to timely return the completed documents or the return of any prize notification or prize as undeliverable will cause prize to be forfeited and awarded to an alternate winner.
6. Prizes/Approximate Retail Value (ARV): (4) Grand Prizes: A 4 day / 3 night trip to Los Angeles, CA for winner and (1) guest to participate in the Team Jonas for LA JDRF Walk to Cure Diabetes. Trip consists of round trip air transportation between major airport closest to winner’s residence and Los Angeles, CA, standard hotel accommodations for (3) nights (one room double occupancy), round trip ground transportation between airport and hotel and hotel and LA JDRF Walk to Cure Diabetes, $500 food and expense allowance, Fit4D Coaching Program consisting of: A coach to walk with you during the LA JDRF Walk to Cure Diabetes event and One-to-One Fit4D Diabetes Coaching Package including 4 months of active and 8 months of Stay-Fit coaching (Package is contingent upon primary legal guardian/caregiver and primary care physician's written consent). Tentative trip dates are 10/31/08 – 11/3/08. Nick Jonas' appearance at walk is subject to his availability and has no monetary value. ARV: $7,495. (10) First Prizes: A pair of sneakers autographed by Nick Jonas. ARV: $100. (100) Runner Up Prizes: A T-Shirt. ARV: $10. Approximate Retail Value of all prizes: $31,980.
7. Prize Restrictions: No cash or other prize substitution in whole or in part except by Sponsor in its sole discretion due to prize unavailability for any reason and only then for prize of comparable or equal value. No prize transfers. Limit one prize per person. Applicable taxes on prize and any expenses related to the acceptance and use of a prize and not specified in these Official Rules are the sole responsibility of the winner. Grand Prize travel is subject to airline and hotel availability, and other restrictions apply. Grand Prize winners must be available to travel on dates of Sponsor's sole choosing to attend and participate in the LA JDRF Walk to Cure Diabetes or prize will be forfeited and an alternate winner will be selected (provided sufficient time exists to notify alternate winner). If LA JDRF Walk to Cure Diabetes is cancelled or postponed, the liability of Sponsor and its agencies shall be limited to awarding a trip for winner and a guest to Los Angeles, CA with all other prize elements except for participation in the LA JDRF Walk to Cure Diabetes for Team Jonas. Confirmation will be given on a space-available basis only. Once a reservation has been confirmed, no changes are permitted. 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 times approved by Sponsor. Travel guests of Grand Prize winners must execute a Liability Release and, where legal, Publicity Release within a specified time prior to issuance of travel documents. If a Grand Prize winner or travel guest is a minor (under the age of majority in jurisdiction of residence), parent/legal guardian must accompany the Grand Prize Winner/guest on the trip and must sign release documents on minor Grand Prize winner's/guest's behalf. Grand Prize winners and guests are solely responsible for required travel documents such as government-issued photo identification. Actual value of a Grand Prize will vary depending upon winner’s residence. If a Grand Prize winner lives within approximately 150 miles of Los Angeles, CA (as determined by Sponsor in its sole discretion), ground transportation will be provided in lieu of air transportation. Grand Prize winners will be required to provide letter from physician confirming winner's diagnosis of diabetes and stating that they are physically able to participate in LA JDRF Walk to Cure Diabetes. Grand Prize winners will receive an IRS 1099 Form for the fair market value of prize.
8. General Conditions: By participating, entrants (and if a minor, their parent or legal guardian) agree: (a) to be bound by these Official Rules and the decisions of Sponsor and judges which shall be final and binding in all matters relating to the Sweepstakes; (b) to release, discharge and hold harmless Sponsor, Rapp Collins Worldwide, Measure 2X, Fitness4Diabetics LLC, their respective affiliates, parent companies, subsidiaries, advertising and promotion agencies, and their respective officers, directors, employees, representatives and agents ("Sweepstakes Entities") from and against any and all liability, injuries, losses, damages, rights, claims and actions of any kind, including personal injury and/or death or property damage, sustained in connection with participation in this Promotion, including the unauthorized or illegal access to personally identifiable or sensistive information, or from receipt, possession, acceptance and/or use of any prize, or for any error in the announcement of any prize; (c) that the foregoing Sweepstakes Entities have neither made nor are in any manner responsible or liable for any warranty, representation or guaranty, expressed or implied, in fact or in law, relating to a prize; and (d) if a winner, by accepting prize, to the use of his/her name, photograph and/or likeness by Sponsor, or any party authorized by Sponsor for advertising, trade and promotional purposes in all media without review or additional compensation (except where prohibited by law) and, upon request, to provide such consent in writing.
9. Liability Limitations: Participation in Sweepstakes online is subject to the Privacy Policy and Terms of Use of www.BayerDiabetes.com/us. IF YOU DO NOT AGREE TO THE PRIVACY POLICY AND TERMS OF USE OF WWW.BAYERDIABETES.COM/US DO NOT ENTER THE SWEEPSTAKES, PROVIDE ANY PERSONAL INFORMATION ON THE WEB SITE OR OTHERWISE USE THE WEB SITE. Sponsor, its affiliates, subsidiaries, advertising and promotion agencies, agents and representatives and their respective officers, directors and employees are not responsible for and shall not be liable for: (a) printing or typographical errors in any Sweepstakes-related materials and in the event of any inconsistency between Sweepstakes-related materials and these Official Rules, these Official Rules shall prevail, govern and control, (b) electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind, including without limitation, computer malfunction or by any human error which may occur in the processing of entries; (c) failed, incomplete, garbled or delayed computer transmissions; (d) lost, late, misdirected or incomplete entries; or (e) any error or condition that may cause the Sweepstakes to be disrupted or corrupted, regardless of the cause.
Sponsor reserves the right, in its sole discretion, to cancel, terminate or suspend the Sweepstakes or any portion thereof should viruses, bugs, technical difficulties, suspected or actual electronic tampering, or other causes for any reason corrupt the administration, security, integrity or proper play of the Sweepstakes. In the event of cancellation, termination or suspension, notice thereof will be posted at www.NicksSimpleWins.com and the prizes will be awarded in a random drawing among all eligible entries legitimately received immediately prior to the event causing the termination or suspension. Sponsor reserves the right to void any entries determined by Sponsor in its sole discretion to have been submitted fraudulently or in contravention of the Official Rules. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES 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.
Sweepstakes shall be governed by the laws of the State of New York without regard to choice of law or conflict of law principles; and any dispute arising out of or connected in any way with the sweepstakes shall be brought only in a federal or state court in Westchester County in the State of New York.
10. Winners List/Official Rules: For the names of the Grand Prize and First Prize winners, mail a self-addressed first class stamped envelope to: Walk in Nick’s Shoes Sweepstakes Winner, P.O. Box 6612 Saddle Brook, NJ 07663 for receipt by November 30, 2008. For a copy of the Official Rules mail a self-addressed first class stamped envelope to: Walk in Nick’s Shoes Sweepstakes Rules, P.O. Box 6612, Saddle Brook, NJ 07663 for receipt by October 1, 2008; Official Rules will also be posted on www.NicksSimpleWins.com.
Sponsor: Bayer HealthCare, 555 White Plains Road, Tarrytown, NY