SMOBER UP^™ CONTEST

1. ELIGIBILITY.

To be eligible for this Contest, an individual must:

•    be a legal resident of Canada (excluding the province of Quebec);
•    be of the age of majority in his/her province or territory of residence or older at the time of entry;
•    be the sole owner of all right, title and interest (including copyright) in and to the Work (as defined below) submitted in connection with the Contest.

Employees of McNeil Consumer Healthcare, division of Johnson & Johnson Inc. (the "Sponsor"), their respective affiliates, subsidiaries, related companies, advertising and promotional agencies, judges of the Contest and the household members of any of the above, are not eligible to participate in the Contest.

The Sponsor shall have the right at any time to contact you to require proof of identity and/or eligibility or to require proof of identity, and/or eligibility of any third-party you assert has granted consent to participation in the Contest. Failure to provide such proof shall result in disqualification. All personal and other information requested by and supplied to the Sponsor for the purpose of the Contest must be truthful, complete, accurate and in no way misleading. The Sponsor reserves the right, in its sole discretion, to disqualify any entrant should such an entrant at any stage supply untruthful, incomplete, inaccurate or misleading personal details and/or information.

2. CONTEST PERIOD.

The Contest begins at 12:00 a.m. Eastern Daylight Time (“EDT”) on June 21, 2010 and ends at 11:59 p.m. EDT on September 10, 2010 (the "Contest Period") after which time the Contest will be closed and no further entries shall be accepted. There will be three (3) judging periods (each a “Judging Period” and collectively “Judging Periods”) throughout the Contest Period during which time the judges will only review all the eligible entries received in that Judging Period.

3. HOW TO ENTER.

•    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.
  
  •    To enter, record a video explaining your reasons for giving up cigarettes and why you are ready to quit smoking and submit the video (“the “Work”) to the Contest located at http://www.youtube.com/smoberup (the “Contest Website”).
•    Each entrant must register for a YouTube account and agree to the YouTube Site’s “Terms of Use” set forth at http://www.youtube.com/t/terms (“Terms of Use”). There is no fee or charge to become a Registered User.
•      The entrant’s Video Submission must be no longer than three (3) minutes and must comply with Sponsor’s Content Guidelines at http://smoberupyoutube.com/JJI_Content_Guidelines.pdf and must also comply with the YouTube Site’s “YouTube Community Guidelines” set forth at http://www.youtube.com/t/community_guidelines.
•    The entrant’s Video Submission must be recorded in English.
•    By participating in this Contest, entrant represents and warrants that:
  
  •    the Work does not contain any material that is libelous, defamatory, profane or obscene;
  •    the Work is original and all right, title, and interest (including copyright) therein and thereto is owned and/or controlled by the entrant to the full extent necessary to enable the Sponsors to use the Work as contemplated by these Contest Rules;
  •    the Work does not infringe upon the intellectual property, privacy or other statutory or common law rights of any third party; and
  •    If there is any question of eligibility, or if the Work contains the likeness of anyone other than yourself, or the Work contains reference to the personal information or identity of an identifiable individual, the Sponsor reserves the right to contact you, and you must produce prior written permission obtained from that person or person(s), or that person’s parent or legal guardian if a minor. Selected entrants must submit all required releases to Sponsor upon Sponsor’s requests, from all persons appearing in a video selected as a potential winner. Failure to obtain and produce such rights and permissions shall result in disqualification at the Sponsor’s sole discretion.
•    Limit of one (1) entry per person during the Contest Period. In the case of multiple entries, only the first eligible entry will be considered.
•    All entries including the Work will be hosted on the YouTube site and submissions will not be returned or copies provided by the Sponsor, for any reason, subject to requirements under applicable privacy laws. Nothing herein limits in any way the rights and obligations and other contractual matters that may be included in any entries.
•    Entries received online shall be deemed to be submitted by the authorized YouTube account holder associated with the entry. For the purpose of the Contest Rules, “authorized YouTube account holder” is defined as the natural person who is assigned to the e-mail address by an Internet access provider, on-line service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address used to create the YouTube account. Each selected entrant may be required to provide the Sponsor with proof that the selected entrant is the authorized YouTube account holder associated with the winning entry.

4. PRIZES.

There are sixty (60) prizes (“Prizes”, and each, a “Prize”) consisting of various NICORETTE^® brand products available to be won by the Contest winners (“Winners”, and each, a “Winner”), twenty (20) Prizes are available to be one in each of the Judging Periods. Each Winner has the choice of one (1) of the following NICORETTE^® Quit Kits:

•    NICORETTE^® Extreme Chill Gum 2MG Quit Kit
  •    Eight (8) boxes each containing 105 2MG pieces of gum each
•    NICORETTE^® Extreme Chill Gum 4MG Quit Kit
  •    Eight (8) boxes each containing 105 4MG pieces of gum each
•    NICORETTE^® Inhaler Quit Kit
  •    Eight (8) boxes each containing 42 cartridges each
•    NICORETTE^® 2MG Mint Lozenge Quit Kit
  •    Eight (8) boxes containing 96 Lozenges each
•    NICORETTE^® Patch Quit Kit
  •    Six (6) boxes of Step 1: 15MG each containing 7 patches
  •    Two (2) boxes of Step 2: 10MG each containing 7 patches
  •    Two (2) boxes of Step 3: 5MG each containing 7 patches

Products and Quit Kits may not be combined or substituted except at the sole discretion of the Sponsor.

•    Each Prize has an approximate value of $300 CDN.
•    Winner is not entitled to the monetary difference between actual Prize value and stated approximate Prize value, if any.
•    Prizes will be distributed within thirty (30) days after Winner has been successfully contacted and notified of his/her Prize and fulfilled the requirements set out herein.
•    Prizes 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.

Shipped Prizes shall be insured and The Sponsor shall not assume any liability for lost, damaged or misdirected Prizes.

5. WINNER SELECTION.

Sixty (60) Winners shall be selected throughout the Contest Period as follows:

•    Eligible entries received will be judged within one of the following Judging Periods based on the date of entry:
  • June 14^th to June 29^th – First Judging Period
  • June 30^th to August 5^th – Second Judging Period
  • August 5^th to September 10^th – Third Judging Period
•    All eligible entries will be judged by a panel of experts including a representative from the Sponsor under the supervision of Sponsor’s Agency to determine winning entries on the basis of the following criteria listed in order of importance:
  • Commitment to quitting,
  • Originality and entertainment value and
    
  • Overall impression of the video and underlying messages as positive, supportive or inspirational in relation to the concept.

  The judges, in their absolute discretion, shall select the Winners based upon the above criteria. The decisions of the judges shall be final and binding and may not be challenged in any way.

•    EACH SELECTED ENTRANT WILL BE NOTIFIED BY THE SPONSOR’S CHANNEL ADMINISTRATOR VIA THE YOUTUBE MESSAGE SYSTEM. SELECTED ENTRANTS WILL RECEIVE A MESSAGE IN THEIR YOUTUBE ACCOUNT INBOX WITHIN FIVE (5) BUSINESS DAYS OF THE CLOSE OF THE CURRENT JUDGING PERIOD. SELECTED ENTRANTS MUST RESPOND WITHIN FIVE (5) BUSINESS DAYS OF NOTIFICATION. Upon notification, the selected entrant must respond by telephone to the contact number provided in the notification, and the selected entrant’s response must be received by the Sponsor within ten (10) business days of such notification. If the selected entrant does not respond in accordance with the Contest Rules, 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. 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. 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. Odds of winning depend on the total number and calibre of the entries received throughout the Contest Period.
•    If, as a result of an error relating to the entry process, judging 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. Further, in the event that the judges, in their sole discretion, determine that fewer entries meet the judging criteria than the number of prizes available in that judging period (or if the Sponsor receives fewer videos than the number of prizes available to be awarded in that judging period), the judges reserve the absolute right to award less prizes in that judging period.

6. RELEASE.

Winners will be required to execute a legal agreement release and survey (“Release”) that confirms Winners’: (i) eligibility for the Contest and compliance with these Contest Rules; (ii) acceptance of the Prize as offered; (iii) release of  the Sponsor and its parent companies, subsidiaries, affiliates and/or related companies and YouTube 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 sole discretion, to produce, reproduce, publish, reproduce, convert, broadcast, communicate by telecommunication, exhibit, distribute, translate, adapt and otherwise use and re-use the Work and Winner’s name, 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 five (5) business days of the date indicated on the notice accompanying the Winner verification or the selected entrant will be disqualified and the Prize forfeited.

Any third party, and/or the parents or legal guardians of any minor third parties appearing in the Work of a selected entrant will be required to execute a legal agreement release (“Release”) that confirms (i) consent to the Winner’s submission of the Work and compliance with these Contest Rules; (ii) release of the Releasees from any and all liability for any loss, harm, damages, cost or expense arising out of Winner’s submission of the Work, the use of the Work in connection with 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 (iii) grant to the Sponsor of the unrestricted right, in the Sponsor’s sole discretion, to produce, reproduce, publish, reproduce, convert, broadcast, communicate by telecommunication, exhibit, distribute, translate, adapt and otherwise use and re-use the Work and any third-party’s name, photograph, likeness, video image, voice and biography in any and all media now known or hereafter devised, in connection with the Contest and the promotion and exploitation thereof (including as described in paragraph 8 below). The executed Release(s) must be returned within five (5) business days of the date indicated on the notice accompanying the verification as a Winner or the selected entrant will be disqualified and the Prize forfeited.

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 Work to the Sponsor in connection with the Contest, each entrant shall retain all right, title and interest (including copyright) in and to the Work, and shall grant to the Sponsor a worldwide, gratuitous, irrevocable, sublicenseable, license to copy, use, modify, reproduce, display, adapt, perform, distribute, communicate and transmit the Work for use in all media now known or hereafter devised in perpetuity beginning on the date of entry, and to create derivative works, including, but not limited to, in connection with the administration, promotion and exploitation of the Contest. The entrant hereby further agrees with respect to any third party participation as an author, co-author, photographer or otherwise in the creation of the Work or any part thereof, to have the rights or have permission or license from their rightful owner to post the material and to grant Sponsor all of the license rights granted herein including but not limited to: third party proprietary rights, including privacy and publicity rights. Sponsor assumes 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 Work does not infringe any copyright interest of any third party and that the Work is not defamatory or obscene and does not violate any laws relating to hate speech or otherwise. Sponsor reserves the right to exclude any Work including but not limited to on the basis of concerns relating to the rights of third parties, privacy, copyright, defamation, rights of personality, obscenity or hate speech, as determined by Sponsors in their 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. 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 but not limited to those reasons beyond the control of the Sponsor, 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.

10. CONDUCT.

By participating in the Contest, each entrant agrees to be bound by the Contest Rules, which will be posted at the Contest Website and made available upon request by self-addressed, stamped envelope to McNeil Consumer Healthcare c/o Edelman Public Relations 214 King Street West Suite 600 Toronto, Ontario Canada M5H 3S6 throughout the Contest Period. Entrant further agrees to be bound by the decisions of the judges and Sponsor, which shall be final and binding in all respects. The Sponsor reserves the right, in their 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; (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 WEBSITE 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 SPONSOR RESERVES 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.

The Sponsor’s privacy policy and not that of YouTube, governs our collection, use and disclosure of Personal Information in connection with the Contest.

•    By participating in the Contest, entrant: (i) grants to the Sponsor the right to use his/her YouTube user name for the purpose of administering the Contest, including but not limited to contacting entrants; and (ii) if selected as a Winner, grants to the Sponsor the right to use his/her YouTube user name, name, mailing address, telephone number and e-mail address (“Personal Information”) for the purposes of contacting and announcing Winners and 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 YouTube user name and/or Personal Information to third-party agents and service providers of the Sponsor in connection with any of the activities listed in (i) and (ii) above, respectively, and as applicable.
•    The Sponsor will use the entrant’s Personal Information only for identified purposes, and protect the entrant’s Personal Information in a manner that is consistent with the McNeil Consumer Healthcare’s Privacy Policy at: Privacy Policy.

12. INTELLECTUAL PROPERTY.

All intellectual property of Sponsor appearing on the website and channel, 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 Sponsor and/or its 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. NICORETTE® and SMOBER UP™ are trade-marks of Johnson & Johnson, used under license.

13. TERMINATION.

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.

14. LAW.

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 Sponsor. 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 Sponsor 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.