The Bengay Survey Drawing

Official Rules 

NO PURCHASE OR SURVEY COMPLETION NECESSARY TO ENTER OR WIN.  THIS DRAWING IS OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND DISTRICT OF COLUMBIA. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

PARTICIPATION CONSTITUTES PARTICIPANT’S FULL AND UNCONDITIONAL AGREEMENT TO AND ACCEPTANCE OF THESE OFFICIAL RULES.

                I. DRAWING PERIOD: The “Bengay Survey Drawing” (the “Drawing”) begins on Monday, April 5, 2010 and ends on Monday, August 16, 2010 (the “Entry Period”). The sponsor of the Drawing is North Star Research, 423 Wiltshire Lane, Crystal Lake, IL 60014 (“Sponsor”).

II.  ELIGIBILITY: The Survey Drawing is open only to legal residents of the 50 United States and District of Columbia, who are at least eighteen years of age or older as of April 5, 2010.  Those not eligible to participate in the Drawing are officers, members, directors and employees of Johnson and Johnson Consumer Products Company, a division of Johnson & Johnson Consumer Companies, Inc., , North Star Research, Impact Group Euro RSCG, LLC, and their respective parents, affiliates, subsidiaries, divisions, advertising, promotion agencies, and anyone who is employed with a company or organization that contracts with or in any way conducts official business with these companies (collectively, the “Released Entities”), and the immediate family members (parent, in-laws, grandparents, children, grandchildren, siblings, and spouse) of, or persons living in the same household as such individuals (whether related or not). Void where prohibited, taxed or otherwise restricted by law. Drawing is subject to all applicable federal, state and local laws.  Winning a prize is contingent upon fulfilling all requirements set forth herein.

III. HOW TO ENTER THE DRAWING:

A.) Enter through a mailed survey invitation: A participant must complete all questions in the market research survey. In order to be a valid entry, participants must provide their true and correct valid name, address, city, zip code and telephone number. To return the survey and be entered, drop it in the mail. Postage is not required. To receive one (1) entry into the Drawing, each marketing research survey pertaining to this Drawing must be completed and received by August 16, 2010. Surveys will only be valid for entry through August 16, 2010. Surveys will be deemed null and void and will be rejected if not submitted through authorized, legitimate channels.

B.) Alternative Means of Entry: You may also enter without completing the survey by hand printing on a 3”x 5” card the following information: i.) your full name, ii.) date of birth, iii.) street address (including zip code), iv.) daytime phone number. Mail the 3”x 5” card in a first class stamped envelope to: North Star Research Consumer Survey-Bengay, P.O. Box 1801, Crystal Lake, IL  60039-1801. Your entry must be received by August 16, 2010 to be eligible.

Limit one (1) entry per person/household, regardless of method of entry.  Mechanically reproduced, photocopies and facsimile entries and incomplete, illegible entries or those containing incorrect information will be voided.  Proof of sending a submission will not be deemed to be proof of receipt by Sponsor. Released Entities are not responsible for surveys or mail that is lost, late, incomplete, inaccurate, invalid, unintelligible, illegible, stolen, damage, or misdirected; all such surveys and entries will be void. Postage due mail entries will be disqualified. Sponsor may disqualify any entry that it deems to have violated any provision of the Official Rules, and its decisions in this regard are final and binding.  All entries become the exclusive property of Sponsor and will not be acknowledged or returned. 

IV. WINNER DRAWING, NOTIFICATION AND ODDS:

The potential prize winners (the “Winners”) will be selected from among all eligible entries received in a random drawing by Sponsor, whose decisions are final and binding in all matters relating to this Drawing. The selection of the potential Winners will be completed on or about August 31, 2010.  Odds of winning in the drawing depend upon the number of eligible entries received by the time of the drawing date. The potential Winners will be notified by telephone, mail or e-mail. Upon initial notification and verification of potential Winner confirmation, a potential Winner will be required to provide a mailing address and will be sent confirmation in writing via USPS mail, or other home delivery service of Sponsor’s choice.

V. PRIZES:

One (1) Grand Prize Winner will be awarded a $500.00 check.

One (1) Second Prize Winner will be awarded a $250.00 check.

Five (5) Third Prize Winners will each be awarded a $50.00 check.

Sponsor reserves the right, at its sole discretion, to substitute any cash prize with another prize of comparable or greater value.

All decisions by Sponsor(s) as to Winners and prizes are final.

VI. PRIZE TERMS AND CONDITIONS:

A Winner is required to comply with any and all applicable federal, state and local laws, rules and regulations. A Winner will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prize awarded. All properly claimed prizes will be awarded. Released Entities are not in any way responsible or liable for damages resulting from shipping and handling, loss, theft, or use/misuse of prize awarded in this Drawing.  No transfer of prize will be permitted. A Winner’s acceptance of a prize constitutes permission (except where prohibited) for the Sponsor and its designees to use the winner’s name, photograph, likeness, statements, biographical information, voice and address (city and state) for any and all public relations, advertising and/or promotional purposes as determined by Sponsor, in all forms of media and by all manners (now and hereafter known), worldwide in perpetuity, without notice, consent, review or approval or further compensation.

VII. LIMITATIONS OF LIABLILTY: Sponsor reserves the right, at its sole discretion, to disqualify any individual who tampers with the entry process (if applicable), and to cancel, terminate, modify or suspend the Drawing in whole or in part, at any time, without notice, for any reason, including, but limited to, if for any reason, this Drawing is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupts or affects the administration, security, fairness, integrity or proper conduct of the Drawing.  If terminated, Sponsor reserves the right, at its discretion, to award the prizes at random using all non-suspect eligible entries received as of the termination/suspension date. Released Entities are not responsible for errors or difficulties of any kind whether human, mechanical, electronic, computer, typographical, printing or otherwise relating to or in connection with the Drawing, including, without limitation, errors or difficulties which may occur in connection with the administration of the Drawing, the processing of entries, the announcement of the prizes, or in any Drawing-related materials.  Released Entities are also not responsible for any incorrect or inaccurate information, whether caused by tampering, or by any equipment or programming associated with or utilized in the sweepstakes.   Persons who tamper with or abuse any aspect of the Drawing or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void.  If any provisions of these Official Rules are determined by a court of competent jurisdiction to be invalid or unenforceable, such determination shall not affect the validity or enforceability of any other provision. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE DRAWING IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.

VIII. RELEASES: All participants, as a condition of participation in this Drawing, agree to indemnify, release and hold harmless Released Entities from and against any and all liability, claims, damages, injuries or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with: (a) participating in any aspect of the Drawing; or (b) the receipt, ownership, possession, use or misuse of any prize awarded.

IX. GOVERNING LAW/DISPUTES: By participating, participants agree to be bound by the Official Rules, and the decisions of the Sponsor and Administrator, which are final and binding in all respects. The Drawing and these Official Rules shall be construed and governed in accordance with the laws of the State of Illinois. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of participants, Sponsor, or the Released Entities in connection with the Drawing will be governed by and construed in accordance with the internal laws of Illinois, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other states laws. 

Except where prohibited, as a condition of participating in this Drawing, the parties agree that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or connected with this Drawing, or any prizes awarded, or the determination of winners shall be resolved individually, without resort to any form of class action exclusively by arbitration pursuant to the commercial arbitration rules of the American Arbitration Association, then effective. Further, in any such dispute, under no circumstances will Participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than Participant's actual out-of-pocket expenses (e.g., costs associated with entering this Drawing), and Participant further waives all rights to have damages multiplied or increased. The arbitration shall be conducted in the State of Illinois, in the City of Chicago, County of Cook or McHenry, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The arbitrator will apply the substantive laws of the state of Illinois, will issue a written decision and will have the power to award any legal remedies except as limited by these Official Rules. The parties will split the arbitrator’s fee; provided, however, if applicable law requires Sponsor to pay the arbitrator’s fee in order for the arbitration provision to be enforceable, Sponsor shall have the discretion to elect to pay such fees and proceed to arbitration. Participant irrevocably waives any right to bring or join in any class action regarding the Drawing. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof.  This arbitration provision shall be deemed to be self-executing, and in the event that any party fails to appear to any properly noticed arbitration proceeding, an award may be entered against such party notwithstanding said failure to appear.

BY ENTERING THE DRAWING, PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (2) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS $250.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (3) PARTICIPANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU. 

X. WINNERS LIST/OFFICIAL DRAWING RULES REQUEST: For the names and city/state of residence of Winners, or a copy of these Official Rules, send a request specifying a copy of the Winner’s List or Official Rules along with a self-addressed, stamped envelope postmarked by 9/11/10 and received by 9/14/10 mail to: North Star Research Consumer Survey - Bengay, P.O. Box 1801, Crystal Lake, IL  60039-1801. VT and WA residents may omit return postage for Official Rules requests.

XI. SPONSOR: North Star Research, 423 Wiltshire Lane, Crystal Lake, IL 60014.