OFFICIAL RULES. NO PURCHASE NECESSARY TO PLAY. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. Submitting an entry constitutes your full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor and judges, which shall be final and binding on all matters relating to the Promotion
- Promotion Timing: The CLEAN & CLEAR® and NEUTROGENA® Back to School Instant Win Game (the "Promotion") begins 12:00 a.m. Eastern Time ("ET") on June 24, 2013 and ends 12:00 a.m. ET on August 31, 2013 (the "Promotion Period").
- Eligibility: The Promotion is open only to legal residents of the 50 United States and the District of Columbia, and Puerto Rico, who, as of the date of game play, are 18 years of age or older. Employees of Johnson & Johnson Consumer Companies, Inc. and NEUTROGENA® Corporation (the "Sponsor"), their respective parents, subsidiaries, divisions, affiliates, suppliers, distributors and advertising, prize providers, promotional and judging agencies, including Don Jagoda Associates, Inc. (the "Administrator") and their immediate family members (spouses, parents, children, and siblings and their spouses) and household members of each (whether related or not), are not eligible to participate or win. Void where prohibited by law. All federal, state and local laws and regulations apply.
- How to Play: There is NO PURCHASE NECESSARY to participate in the Promotion. A purchase does not increase your chances of winning. During the Promotion Period, you may purchase specially marked CLEAN & CLEAR® or NEUTROGENA® products that contain a promotional code (the "Code"), while supplies last. Then, you may access the Promotion by visiting www.backtoschoolclearskin.com (the "Site") to enter your Code and complete all required registration information. Following the provision of the requested information or e-mail address log-in, follow the onscreen prompts to see if you are an Instant Winner (the "Game Play"). The Code must be entered exactly as it appears on the packaging. The person submitting the Game Play will be deemed the entrant (the "Entrant"). Possession of the packaging with the Code is not valid proof of having entered the Promotion. If you are an instant winner, you will be instantly informed on-screen. There is a limit of up to three (3) Game Plays per person per day, and a total of up to six (6) Game Plays per person throughout the Promotion Period. For the purposes of this Promotion a "day" is defined as the 24-hour period from the time of Game Play. Use of computer programs and other automatic means to play is prohibited. Any attempt by any Entrant to obtain more than the stated number of Game Plays by using multiple/different email addresses, identities, registrations and logins, or any other methods will void all Game Plays and that participant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. Normal Internet access and usage charges imposed by your online service may apply.
- No Purchase Necessary: To play for free, call Johnson & Johnson Consumer Companies, Inc. Call Center: (877) 754-6411 to request a free Code. To enter, once you have a Code, follow the instructions outlined in Rule #3.
- Available Prizes and Approximate Odd of Winning: Prizes (200 total, 20 per week): A $250 Walmart gift card. The odds of winning an Instant Win prize are approximately 1:345. Odds are variable based on total number of entries. Limit one (1) prize per person. No transfer, substitution or cash equivalent permitted by winners. Sponsor reserves the right, at its sole discretion, to substitute the prize with one of comparable or greater value. All prize details are at Sponsor's discretion. Prizes will be mailed to winners at the address submitting at time of registration within 4-6 weeks after winner notification. Return of any prize/prize notification will result in disqualification and prize will be forfeited. Prizes are awarded "as is." Any and all warranties and/or guarantees on a prize (if any) shall be subject to the manufacturer's terms. Gift cards subject to restrictions and expiration dates may apply.
- Second Chance Drawing: All Entrants will be automatically entered into a second chance random drawing for any unclaimed Instant Win Prizes. Second chance random drawing will be conducted by Don Jagoda Associates, Inc., on or about September 13, 2013 from all eligible Game Play Entries received. The winners will be notified by mail, phone and/or email. Odds of winning a second chance prize depend upon the number of eligible Game Plays received and number of unclaimed Instant Win Prizes (if any).
- Verification: All winners may be subject to confirmation, verification of eligibility by Administrator and compliance with these Official Rules in Sponsor's sole discretion. All material submitted becomes the sole property of the Sponsor and will not be returned. If, due to an error of any kind, more winning names are determined as Instant Winners, or more Instant Win Prizes are claimed than are intended to be awarded according to Rule #4, the intended Instant Win Prizes will be awarded in a random drawing from among all verified Instant Win prize claims received that day. In no event will the Sponsor be obligated to award more than the stated number of prizes. Use of automated Game Play devices or programs is prohibited. The Sponsor and its agencies assume no responsibility for any injury or damage to participants' or to any other person's computer relating to or resulting from entering or downloading materials or software in connection with the Promotion.
- General Rules: Acceptance of a prize constitutes permission for the Sponsor and its agencies to use winners' name and/or likeness for purposes of advertising and trade without further compensation, including a winners list, unless prohibited by law. By participating in the Promotion, participants agree to be bound by these Official Rules and the decisions of the Administrator. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Promotion materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control. The Sponsor and its agencies and Administrator 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 the Site or the Promotion or by any human error which may occur in the processing of Game Plays in the Promotion or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with the Site or Promotion. In the event of a dispute as to any participant, the authorized account holder of the account used to register will be deemed to be the participant. Winners may be required to show proof of being the authorized account holder of the account associated with the Game Play. Proof of entering information via the Site does not constitute proof of delivery or receipt of such information. Sponsor and/or its Administrator (as identified in these Official Rules) are not responsible for the failure of any email or Game Play to be received by Sponsor/Administrator on account of technical problems or congestion on the internet or at any website. The Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the game process or the operation of the Promotion or Site; 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 Promotion or Site 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. Any attempt by the Entrant to enter more than the number of times authorized herein, using any third party proxy services, using multiple names or e-mail addresses and/or any other fraudulent mechanism(s), including robotic, automatic, programmed or similar methods, shall give the Sponsor, in its sole discretion, the right to disqualify the Entrant's Game Plays. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. If, for any reason, the Promotion 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 Promotion or Site, then the Sponsor reserves the right at its sole discretion to cancel the Promotion and award all prizes claimed prior to cancellation and conduct the second chance drawing as described above. By participating in the Promotion, the participant agrees that Sponsor, Administrator, their respective parents, subsidiaries, affiliated companies, agents, retailers, advertising and Promotions agencies, prize providers, and all of their respective shareholders, officers, directors, employees and assigns, members, representatives and agents (collectively, the "Released Parties"), will have no liability whatsoever for, and will be held harmless by participant for any liability for any bodily injury, loss, cost or damages of any kind to persons, including death and property, damages sustained due in whole or in part, directly or indirectly, from entry creation, the acceptance, possession, use or misuse of a prize or participation in the Promotion or participation in any Promotion or related activity. By participating in the Promotion, you hereby represent and warrant that you have read these Official Rules and are fully familiar with its contents.
- Limitation of Liability; Disclaimer of Warranties. IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE AND/OR THE SWEEPSTAKES, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATES WITH THE PROMOTION. ALL PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
- Disputes; Governing Law. The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Promotion. Any controversy or claim arising out of or relating to these Official Rules and/or the Promotion shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the Skillman, NJ.
THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF New Jersey WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Promotion, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the Somerset County in the State of New Jersey. The parties agree not to raise the defense of forum non conveniens.
- Winners: For the names of the winners, available after September 27, 2013, send a self addressed stamped envelope no later than October 28, 2013, to: The CLEAN & CLEAR® and NEUTROGENA® Back to School Instant Win Game winners, c/o Don Jagoda Associates, Inc. (Attn: SM), 100 Marcus Drive, Melville, NY 11747.
- Sponsor/Administrator: The Sponsor of the Promotion is Johnson & Johnson Consumer Companies, Inc. 199 Grandview Road Skillman, and NEUTROGENA® Corporation 96 W. 96th Street Los Angeles, CA. The Administrator of the Promotion is Don Jagoda Associates, Inc., 100 Marcus Drive, Melville, NY 11747.