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Excedrin® Express Gels YouTube Video Contest Terms and Conditions

NO PURCHASE NECESSARY. VOID WHERE PROHIBITED.

  1. Contest Period: The Excedrin® Express Gels YouTube Video Contest (the "Contest") begins 8:00am Eastern Time ("ET") on October 15, 2008 and ends 11:59pm ET on December 10, 2008 ("Contest Period").

    Contest Phases & Dates:
    Video Submission Period: October 15, 2008 - November 11, 2008
    General Public Selection Period- Top 20: November 12, 2008 - November 16, 2008
    Judge's Selection Period- Top 8: November 17, 2008 - November 19, 2008
    General Public Voting Period: November 20, 2008 - December 10, 2008

    How To Enter The Contest:
    • Enter: During the Video Submission Period, you may enter online by visiting the Excedrin Express Gels brand channel page at www.youtube.com/excedrinexpressgels ("Contest Homepage") via the Channels tab or various banners on www.youtube.com. Once you arrive at the Contest Homepage, you will be required to submit your YouTube Username before you can upload your video(s). If you are not a YouTube Member, you must register as a user of YouTube to participate.

    • Upload Your Video(s): Visit the Contest Homepage and upload an original video(s) (maximum of 3 minutes) that shows you depicting Speed as it relates to Motion. ("Entry(ies)"). You must upload your video(s) at www.youtube.com/excedrinexpressgels. You may submit as many Entries as you wish, as long as each Entry is unique. All Entries must be submitted during the Video Submission Period. Submitted videos will be posted on the Contest Homepage after they have been screened by the Contest Administrator ("Administrator"). If your video(s) is not posted within 2-4 days from when you upload, you have not complied with the Official Rules. All eligible Entries (as determined by Administrator) will be posted on the Contest Homepage through the conclusion of the submission period. All Entries submitted become the property of the Sponsor and will not be returned. Normal Internet access and usage charges imposed by Entrants' online service will apply.

    • Post Your Video(s): By entering, you understand your video(s) may be posted online and will be subject to voting by members of the general public. Posting will not be immediate; there may be a short period of time between video submission and posting. Any video(s) deemed inappropriate or unsuitable for posting, in Administrator's sole discretion, will be disqualified and will not appear on the Contest Homepage. Entry material may be disqualified if the material or portion thereof, in the Administrator's sole discretion, contains one or more of the following:
      • obscenity, profanity, or content that is deemed lewd, offensive, explicit, vulgar, crude, or defamatory;
      • any content unsuitable for broadcast;
      • materials that are violent or display illegal drug or alcohol use;
      • any content that depicts unapproved uses of product;
      • any use of commercial products or services other than Excedrin Express Gels, including any use of trademarks, brands or logos of commercial products and services, such as the marks or logo of companies other than the Sponsor;
      • information that can be used to personally identify an individual, such as an address, phone number or email address;
      • any other person or likeness of another person, living or deceased;
      • material that is derogatory or threatening to any person or group of people;
      • any third party materials (including but not limited to music), that otherwise violates or infringes (or may infringe) any copyright, trademark, logo, mark that identifies a brand or other proprietary right of any person living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light) or entity;
      • materials or content that have been submitted for another Contest or published or disseminated in any other way by the participant or anyone else; or
      • digital video that is not of satisfactory quality (i.e. brightness, focus, volume) to be streamed online.

    Administrator has the sole discretion to determine whether a video qualifies as an Entry. Any Entry not in compliance with the above and that does not meet the Contest Homepage requirements will be disqualified. In such an event, the video will not be posted online and will be disqualified from the Contest. At any time during the Contest, if the Administrator determines that a participant's video is not in compliance with the above, the participant will be disqualified and will not be eligible to win a prize, even if the video has been posted. If a video is posted and then removed, the Administrator will notify the consumer that their video has been removed via e-mail. At any time during the Contest, if a participant is disqualified for any reason, the participant's video will not be posted, or will be removed, from the Contest Website. No information regarding Entries or judging, other than as otherwise set forth in the Official Rules, will be disclosed.

  2. Judging: Decisions of judges are final with respect to all matters relating to this Contest and all interpretations of these Official Rules by Administrator is final. By participating, entrants agree to the Official Rules and the decisions of the judges.

    • General Public Selection Period- Top 20 Videos: Following the four-week Video Submission Period, all eligible entries will be rated by the General Public to determine the Top 20 Videos from 12:00am ET on November 12, 2008 through 11:59pm ET on November 16, 2008. The selection of the Top 20 Videos will be determined by the average rating for each video along with the number of consumers that rated each video. The selection of the Top 20 videos is dependent upon the overall quality of the Entry and the number of total entries received during the Contest Period.

    • Judge's Selection Period- Top 8 Videos: Following the selection of the Top 20 Videos, the Top 20 videos will be judged under the supervision of Administrator, an independent judging organization, to determine the Top 8 Entries ("Finalists") by November 19, 2008, on the basis of the following judging criteria: originality/creativity (45%); ability to express the concept of speed (45%); consumer ratings (10%). The 8 Finalists will then be notified via the YouTube email they registered with and the Finalists' videos will be posted to the Contest Website for General Public Voting.

    • Selection of Grand Prize Winner: A 3-week General Public Voting Period (see Rule #3 for Eligibility and dates) will be used to determine the Grand Prize winner. Voting will be a single-elimination, bracket-style tournament, where two videos will be viewed head-to-head against each other for a period of 3 days each (for example, video one will be viewed against video eight; video two will be viewed against video seven and so forth). During each voting period, the video with the most votes will move on to the next round until the Grand Prize winner is determined. In the event of a tie during any round of the Voting Period, tied Entries will be rejudged by Administrator based solely on originality/creativity.

  3. Voting Eligibility: The eligible general public voting to determine the Grand Prize Winner will take place between 12:00am ET on November 20, 2008 through 11:59pm ET on December 9, 2008 ("General Public Voting Period") by accessing www.youtube.com/excedrinexpressgels and following the voting instructions. Individuals must be 18 years of age or older to vote. Individuals may vote for as many videos as they like. The use of robotic or automatic devices for voting is prohibited and Sponsor reserves the right to nullify all such votes and to disqualify from voting the responsible individual.

  4. Sweepstakes: During the Contest Period, consumers will have the chance to enter up to nineteen (19) Sweepstakes drawings by visiting the Sweepstakes tab on the Contest Homepage and submitting all required information on the online Entry form. Administrator will conduct one random drawing every three (3) days throughout the Contest Period to determine one winner from all eligible Entries collected over each period. Entries must be received by 11:59pm on the last day of each period in order to be considered for that period's drawing. The last drawing period will only consist of two days. Each drawing will be conducted within three business days of each drawing period. Limit one Entry per person/email address per day. Limit one prize per person/household.

  5. Prizes And Estimated Retail Values ("ARV"): Contest Grand Prize (1): $15,000, awarded in the form of a check (ARV: $15,000). Contest First Prize (1) and Sweepstakes First Prizes (19 - 1 for each period): The Flip Video Camera by Pure Digital (ARV: $TBD). Prizes are awarded "as is" with no warranty or guarantee, either express or implied by Sponsor. Prizes will be awarded (provided a sufficient number of eligible Entries are received) and winners notified by e-mail. Prizes are subject to availability and are not transferable. No substitutions or cash equivalents are allowed except by the Sponsor, who reserves the right to award a prize of equal or greater value if advertised prize (or portion of prize) is unavailable. Taxes related to the prize are the responsibility of the individual winners, if applicable, and Grand Prize winner will be required to provide his/her social security number for tax purposes. All other expenses and costs not expressly listed above are each winner's sole responsibility. Pure Digital does not endorse, offer, or sponsor this Contest in any way.

  6. Contest Eligibility: Open only to legal U.S. residents including Puerto Rico), 18 years of age or older as of date of Entry. Employees of Sponsor, Administrator/Independent Judging Organization, YouTube, Inc., their affiliates, subsidiaries, advertising and promotion agencies, their immediate family members and/or those living in the same household of each, are not eligible. This offer is void wherever prohibited and subject to all federal, state, local, and provincial and municipal laws.

  7. General Rules: Unless otherwise prohibited by law, submission of Entries constitutes permission to use the Entrant's name, Entry submission, likeness and biographical information for advertising and publicity purposes, without further compensation. Potential Grand Prize winner will be required to sign and return an Affidavit of Eligibility, liability/publicity release (where legal) and assignment of rights within five (5) days of notification attempt or the Grand Prize will be forfeited and the Entry with the next highest number of votes will be considered the new potential Grand Prize winner. First Prize winners may be required to sign and return an Affidavit of Eligibility, liability/publicity release (where legal) and assignment of rights within five (5) days of notification attempt or their prize will be forfeited and an alternate winner may be determined. Return of any prize or prize notification as undeliverable may result in disqualification and alternate determination. All other expenses and costs not expressly listed above are each winner's sole responsibility. By participating in this Contest, Entrants agree to be bound by the Official Rules and the decisions of the judges. The Sponsor and its agencies are not responsible for technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the user or by any of the equipment or programming associated with or utilized in this Contest or by any human error which may occur in the processing of the Entries in this Contest or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with this Contest. The Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the Entry process or the operation of the Contest, Contest Homepage or Contest Website; violates the Official Rules; or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, 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. If, for any reason, the Contest or the online voting portion of the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest or the online voting, then the Sponsor reserves the right at its sole discretion to cancel the Contest or the online voting and determine the winners from among all eligible Entries received prior to cancellation or in the event of the cancellation of the online voting only, the Finalists will be determined by Sponsor's designated judges, based on the same criteria listed above.

  8. Release: By entering the Contest, you hereby grant the Sponsor, Administrator, YouTube, Inc., their affiliates, subsidiaries, assigns, licensees, and legal representatives the irrevocable, perpetual, and exclusive worldwide right to use, reproduce, edit, market, broadcast, store, distribute, have distributed, reproduce, re-arrange, change, add to or delete from, translate, adapt or otherwise revise and/or alter the video(s) or blur or distort any person, place or item depicted in the video(s), or any display thereof, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon, and promote the video(s) (as such may be edited and modified by the Sponsor in its discretion) for editorial, commercial, promotional and all other purposes. In addition, you hereby assign to the Sponsor all royalty-free, non-exclusive rights, titles, and interests, including but not limited to exclusive copyright ownership of each entry, that you may be deemed to have in any reproduction, product, or derivative work using or incorporating the video(s). In submitting an Entry into this Contest, each Entrant agrees to, confirms and represents to Sponsor that neither he/she nor anyone else has engaged or taken part in (or induced or encouraged anyone else to do so) in any activity or conduct in connection with this Contest that: (i) may or is likely to harm or create a risk of harm, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to any person, other living things or any property; (ii) may or is likely to create a risk of any other loss or damage to any person, living things or any property; (iii) is or may constitute a crime, unlawful or non-consensual activities (e.g., conduct that could lead to criminal prosecution), tortuous conduct (e.g., conduct that could lead to civil prosecution) or the violation or infringement of the rights of any other party; or (iv) violates any of the terms or conditions of these Official Rules. Each Entrant also agrees and understands that no future videos can be produced with any derogatory or slanderous material against Excedrin, Novartis Consumer Health, Inc. or Sponsor products. Participating in the Contest constitutes permission to the Sponsor and its agencies to use participants' names, biographical information, pictures/portraits, likenesses and/or voices and video, for purposes of advertising and trade without further compensation, unless prohibited by law. BY ACCEPTING A PRIZE, THE WINNERS AGREE THAT SPONSOR, ADMINISTRATOR, YOUTUBE, INC., THEIR AFFILIATES, SUBSIDIARIES, ADVERTISING AND PROMOTION AGENCIES, AND ALL OF THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES AND ASSIGNS, MEMBERS, REPRESENTATIVES AND AGENTS, WILL HAVE NO LIABILITY WHATSOEVER FOR, AND WILL BE HELD HARMLESS BY WINNER FOR ANY LIABILITY FOR ANY INJURY, LOSS OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING DEATH, AND PROPERTY, DUE IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE OR PARTICIPATION IN THIS CONTEST OR PARTICIPATION IN ANY CONTEST OR PRIZE-RELATED ACTIVITY. You hereby represent and warrant that you have read these rules and are fully familiar with its contents.

  9. Winners List: To see a list of winners after December 31, 2008 for prizes valued over $25, visit www.youtube.com/excedrinexpressgels by January 31, 2009.

  10. Sponsor: The Sponsor of the Contest is Novartis Consumer Health, Inc., 200 Kimball Drive, Parsippany, NJ 07054-0622.
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