Official Rules & Regulations

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”), AGES 6 - 18 AT TIME OF ENTRY AND 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 Bayer “Express Your Simple Win Creativity” 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 between 6 and 18 years of age 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 (“Sponsor”), measure2X (“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 the immediate family or same household are not eligible. "Immediate family" means children and siblings of such individuals regardless of where they reside.  Void in MA, MI, RI, Puerto Rico and where prohibited by law.  Individuals not residing in the United States at time of entry are not eligible to enter.

FOR PARTICIPANTS BETWEEN 6 AND 12 YEARS OF AGE, ENTRY WILL NEED TO BE SUBMITTED BY THE 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 April 13, 2009 at 9:00:00 A.M. Eastern Time (“ET”) and ends on September 20, 2009 at 11:59:59 P.M. ET.  The Public Voting Period for the Contest begins on April 24, 2009 12:00:01 A.M. ET and ends on September 29, 2009 at 11:59:59 P.M. ET. The Contest Data Base is the official time keeping device for the Contest.  Monthly entry deadlines and monthly voting periods are outlined in Table 1 below (see Rule 4 for Table 1).

3. HOW TO ENTER:  The contestant should prepare a video (between 15 – 30 seconds) in which he/she briefly explains what his/her “Simple Win” is and then shows us how he/she creatively expresses it  – whether through an original lyric, story, song, drawing, photo, movie or other original creative expression of your choosing.  No interviewing or prompting is permitted except as specified below.

A simple win is small, everyday victories for managing diabetes that can lead up to big differences over time.  With the encouragement and help of his friends and family, Nick Jonas is able to stay healthy and achieve his simple wins – writing music, acting and performing.  He expresses his creativity through his music.  His hit song “A Little Bit Longer” inspires others to achieve their simple wins.   

Like Nick, you won’t let diabetes stop you – in sports, music, school.  That’s your simple win.  How would you express it?

Entry Steps:

1. Access nickssimplewins.com and enter your first name and date of birth.
2. Click on the link for the Registration Page and complete and submit 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 you can enter on your own).
3. Follow instructions to upload completed entry (including title of video) onto the site.
4. Click on the link to submit as directed between 9:00:00 A.M. ET on April 13, 2009 and no later than by 11:59:59 P.M. ET on September 20, 2009.  Monthly entry deadlines are noted in Table 1 below (see Rule 4 for Table 1).

Explicit permission of contestant’s parent (or legal guardian) will be required for the valid entry of a contestant under age 18; and if under age 13, parent (or legal guardian) also will be required to 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 contest entry per month for a maximum of six (6) contest entries per person for the Contest Period.

All entries must be submitted (and consent provided by parent/legal guardian if under age 18) by 11:59:59 P.M. ET on the 20th of each month to be eligible for the Monthly Entry Deadline and no later than 11:59:59 P.M. ET on September 20, 2009 to be eligible for the final Monthly Entry Deadline.  The pre-screening criteria is outlined in Rule 4.  Monthly entry deadlines are noted in Table 1 below (see Rule 4 for Table 1).

Opportunity to enter will also be available to eligible individuals at the JDRF Spring Walks in Seattle, WA on 5/17/09 and in Washington, DC on 5/31/09.  Details will be available on site. Individuals entering at a JDRF Spring Walk may be interviewed or prompted.

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

ALL MONTHLY WINNERS WILL BE REQURIED TO SUBMIT A LETTER FROM PHYSICIAN ON PHYSICIAN’S LETTERHEAD CONFIRMING THAT WINNER HAS BEEN DIAGONSED WITH DIABETES.  FAILURE TO PROVIDE THE LETTER WHEN REQUESTED WILL VOID THE ENTRY AND WINNER WILL BE DISQUALIFIED.

About Entries: Any attempt by an eligible participant, or by a parent or legal guardian on behalf of a participant, to obtain more than six (6) entries (regardless of method of entry) by using multiple/different e-mail addresses, identities, or any other methods will void that participant’s entries and that participant will be disqualified.  All entries become the exclusive property of Sponsor, and will not be acknowledged or returned.  Any entry which 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, 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, of any person or entity.  All content must be original to contestant.  If any entry is determined in Administrator’s sole discretion to infringe on the rights of any third party, that entry will be disqualified. 

Video Specifications:  Video can be in color or black and white with a minimum length of 15 seconds and a maximum length of 30 seconds.  The video cannot contain any individual other than the contestant; mention any other individual; or involve copyrighted music.  (If there is any doubt as to whether the tune to be used is covered by copyright, it is recommended that the tune be one dating back to before 1925 or be original to the contestant.)

Use of Videos, Entries and Names: By submitting a name and Video, contestant (if 18 years of age) 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 Video (or any part thereof) and/or use contestant’s name on the Sponsor’s web site, including www.nickssimplewins.com or any other web site related to the Contest, or to use and edit any still, image or photo taken from the video 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 Video and/or contestant’s name; (b) acknowledges and agrees that the Video (or any part thereof) 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 Video 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 videographer of the Video to grant this license for the use of the Video 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 their parent or legal guardian on behalf of contestant (if contestant is under the age of 18) represents and warrants that:
(i) contestant’s Video is the Video of that contestant;
(ii) the Video 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) does 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; and,
(iv) is the sole and exclusive property of contestant; and,
(v) has 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 Administrator at info@nickssimplewins.com. Once an entry is submitted, it cannot be changed, altered or modified by a contestant.

 4. SELECTION OF THE MONTHLY PRIZE WINNERS:

• All entries will be pre-screened by Administrator; and entries which pass the pre-screening criteria (eligibility and whether length of video is proper and does not contain material which is unsuitable or does not meet criteria as set forth in these Official Rules) will be posted to www.nickssimplewins.com to be viewed by members of the general public.   
• All posted entries will be judged by Team Jonas (measure2X and/or Nick Jonas (or a representative of Nick Jonas depending on his availability) on a monthly basis (see Table 1 below) using the following criteria: (a) Relevance to Simple Win Theme (up to 50 points) and (b) Creativity/Originality (up to 50 points).
• The top three (3) entries with the highest cumulative score (“Monthly Finalists”) based on the above criteria will be posted to www.nickssimplewins.com to be viewed by members of the general public who will be asked to vote for the Monthly Finalist they believe should win a Monthly Prize. The public vote will account for up to 20 points of the overall judging.  In the event of a tie, the winning entry will be the entry (among tied entries) with the higher/highest score in Relevance to Simple Win Theme and if there is still a tie, the tied entries will be re-judged by Team Jonas based on the criteria in Rule 4(d) below.
• The Monthly Finalists will be re-judged by Team Jonas in accordance with the following criteria: (a) Relevance to Simple Win Theme (up to 40 points) and (b) Creativity/Originality (up to 40 points) for a maximum of 80 points.
• The Monthly Finalist with the highest cumulative score from Team Jonas and the general public combined will win a prize for that month (“Monthly Winner”)(see Rule 8 for Monthly Prize). In the event of a tie, the winning entry will be the entry (among tied entries) with the higher/highest score in Relevance to Simple Win Theme and if there is still a tie, the tied entries will be re-judged by Team Jonas based on the above criteria in Rule 4(d). 

Table 1:  Monthly Entry Deadline and Voting Period

At Administrator’s sole discretion, entries submitted in any given month may be considered for judging and public voting for a prior or subsequent month.  Sponsor also reserves the right to modify the Monthly Winner Selection Process if there are insufficient entries in any month.

5. MONTHLY VOTING:   The public voting to partially determine the Monthly Winners will take place between 4/24/09 – 9/29/09 (“Voting Period”) by accessing www.nickssimplewins.com and following the voting instructions (see Table 1 in Rule 4 for specific dates).  Individuals should rate the videos based on the following criteria: Relevance to Simple Win Theme and Creativity/Originality. Individuals may vote only once per day.  The use of robotic or automatic devices for voting is prohibited and Administrator (on behalf of the Sponsor) reserves the right to nullify all such votes and to disqualify from voting the responsible individual or any other individual attempting to vote on the same video more than once per day. 

6. NOTIFICATION:  The Monthly Winner (if 18 years of age) or the parent or legal guardian of the Monthly Winner (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 Monthly Winner’s physician on physician’s letterhead confirming that Monthly Winner has been diagnosed with diabetes. 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 Monthly Winner is found to be ineligible or not in compliance with these Official Rules, the Monthly Winner will be disqualified and the Monthly Finalist with the next highest cumulative score from that month will be notified.  If there are no remaining Monthly Finalists to notify for a given month, the entry with the next highest cumulative score from Team Jonas for that month based on criteria from Rule 4 will be notified.  After completed documentation has been received and verified, Monthly Winners will be announced on www.nickssimplewins.com.

7. DETERMINATION OF GRAND PRIZE WINNERS:  Each eligible Monthly Winner will be judged by Team Jonas (measure2X and/or Nick Jonas (or a representative of Nick Jonas depending on his availability) using the following criteria to determine three (3) Grand Prize Winners: (a) Relevance to Simple Win Theme (up to 50 points) and (b) Creativity/Originality (up to 50 points) (see Rule 8 for Grand Prize).  The Monthly Winners with the three highest cumulative scores will receive a Grand Prize (“Grand Prize Winners”). Grand Prize Winners (if 18 years of age) or the parent or legal guardian of a Grand Prize Winner (if under the age of 18) will be notified on or about October 30, 2009. In the event of a tie, the winning entry will be the entry (among tied entries) with the higher/highest score in Relevance to Simple Win Theme and if there is still a tie, the tied entries will be re-judged by Team Jonas based on the above criteria in this Rule 7.

8. PRIZES/APPROXIMATE RETAIL VALUES (“ARV”): Three (3) Grand Prizes: 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 will be forfeited. Trip consists of round-trip coach air transportation from major airport near Grand Prize Winner’s residence to destination, standard hotel accommodations for 2 nights (1 room - double occupancy), round-trip transfers between airport and hotel, and a total allowance of $500 for incidental expenses.  ARV: $5,489.00.  Six (6) Monthly Prizes: A signed Nick Jonas memorabilia item. ARV: $50.  Memorabilia item to be chosen by Sponsor in its sole discretion. 

9. PRIZE RESTRICTIONS: No substitution, cash redemption or transfer of prize, but Sponsor reserves the right to substitute prize in whole or in part with prize of comparable or greater value if advertised prize becomes unavailable.  Limit of one (1) Monthly Prize per person.  If a winner is under the age of 18, prize will be in the name of winner’s parent or legal guardian, who will assume all responsibilities of winner.  An IRS Form 1099 for the fair market value of the Grand Prize will be filed and a copy provided to the Grand Prize Winners (if 18 years of age) or the parent (or legal guardian) of the Grand Prize Winners if under the age of 18.  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 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.  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 must execute a Liability Release and, where legal, Publicity Release within a specified time prior to issuance of travel documents.  If winner is a minor, parent/legal guardian must accompany the winner as the guest on the trip.  Grand Prize Winners and guests are solely responsible for required travel documents such as government-issued photo identification and a valid passport (if required).   Actual value 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 (as determined by Sponsor in its sole discretion), ground transportation will be provided in lieu of air transportation.
10. General Conditions: By participating, contestants (if 18 years of age) 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, Administrator and Team Jonas, which decisions shall be final and binding in all matters relating to the Contest; (b) that Sponsor, 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.nickssimplewins.com; (d) to indemnify Sponsor and the Jonas Entities (as defined herein) for any unauthorized use or misuse of or modification to the prize; (e) that contestants (if 18 years of age) 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 their parents or legal guardians on behalf of winner (if under the age of 18), by acceptance of prize, 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, his/her name, picture, voice and/or likeness, biographical information and statements and prize information, and entry Video(s) (and notwithstanding anything to the contrary in these Official Rules license the use of the entry Video 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  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 Videos 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 irrevocably sells, assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her Video, 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 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 Video. Upon request of Sponsor, winner (if 18 years of age) 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. 

11.  LIABILITY LIMITATIONS: Participation in Contest online is subject to the Contest Privacy Policy and Conditions of Use at www.nickssimplewins.com.  IF YOU DO NOT AGREE TO THE CONTEST 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 another entry in the Contest, provided that, it is possible to receive 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 Contest entrants.  Notwithstanding the foregoing, Nicholas 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.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.  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. 

12. WINNERS LIST:  For the names of the winners, mail a self-addressed first class stamped envelope to: Bayer HealthCare LLC, Diabetes Care “Express Your Simple Win Creativity” Contest Winners, P.O. Box 6632, Saddle Brook, NJ  07663 for receipt by 9/30/09.