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Legal Stuff

Official Rules


1. Eligibility

Share the Happy Program (the “Promotion”) is open only to Sorority Philanthropy Chairs, or other designated Sorority representative, at colleges or secondary universities who are eighteen (18) years or older and a resident of the 50 U.S. (or D.C.) at the time of entry. Void where prohibited by law. Employees of Nestle USA, Inc., Novartis Corporation, Pulse Health & Wellness, Inc., or any other company or individual involved with the design, production execution or distribution of the Promotion and their immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members (people who share the same residence at least three (3) months out of the year) of each such employee are not eligible. The Promotion is subject to all applicable federal, state and local laws and regulations. Participation constitutes entrant's full and unconditional agreement to these Official Rules and Sponsors’ decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Sponsors and Administrator

Sponsors: Nestle USA Inc., 105 SE Executive Drive, Suite 7, Bentonville, AR 72712. Novartis Corporation, 200 Kimball Drive, Parsippany, NJ 07054. Administrator: Pulse Health & Wellness, Inc., 308 West Rosemary Street, Suite 201, Chapel Hill, NC 27516.

3. Timing

The Promotion begins on November 1, 2010 at 12:00 a.m. Eastern Standard Time (“EST”) and ends on December 31, 2010 at 11:59 p.m. EST (the “Promotion Period”). Administrator’s computer is the official time keeping device for this Promotion.

4. How to Register and Collect Votes

During the Promotion Period, go to www.sharethehappy.me and follow the online directions to set up your chapter’s customized page. As philanthropy chair, you register your sorority chapter and your chapter’s preferred Charity. “Charity” means an active 501(c)(3) or other tax-exempt organization recognized and approved by the Internal Revenue Service, and be in good standing in the state (or DC) in which it is domiciled; the organization must have been formed and approved by the governing state body in the state in which it is incorporated prior to November 1, 2010. The Charity must not, by itself or through an affiliated entity, discriminate on the basis of race, color, national origin, religion, sex, sexual orientation, disability, age, veteran status, medical condition, citizenship, ancestry or marital status. Limit one registration per philanthropy chair per sorority.

After you register you then can spread the word and tell everyone you know to visit www.sharethehappy.me and vote for your sorority. Public voting will determine the winner of the three grand prizes. Each visitor is able to vote for their favorite sororities, but may only vote for a sorority once a day during the Promotion Period. Use of an automated process or similar device to submit an electronic vote is strictly prohibited. Any attempt to circumvent the one vote limit per sorority per day or to use automated vote process will subject all votes from the person to disqualification. If a contestant receives multiple and/or irregular votes from the same user or users, including but not limited to, votes generated by a robotic, programmed, script, macro, other automated means or other source, the Sponsors and/or Administrator reserves the right to disqualify the contestant in their sole discretion. If the voting process fails to operate properly or appears to be tampered with or tainted with errors, fraud or unfair practices, the Sponsors and/or Administrator in their sole discretion reserves the right to use another means to determine the winner, i.e. random selection. Sororities may not pay people or provide any other type of consideration in exchange for votes. Any sorority who violates the ban on paying or providing consideration in exchange for votes will be disqualified. Public votes may be displayed on the competition website, on a real-time basis, before being verified for integrity. These unverified votes do not necessarily reflect accurately the winner. The winner will be the entrant who is contacted directly by the Administrator or Sponsors after votes have been verified. Sponsors are not responsible for lost, late, incomplete, invalid, unintelligible or misdirected registrations or votes. All entries become the sole and exclusive property of Sponsors and will not be returned.
5. Winner Selection

On or about January 3, 2010, Sponsors or an independent judging agency will determine which sorority received the most votes. The philanthropy chair of the winning sorority will be contacted using the email address provided during registration. Sponsors’ decisions as to the administration and operation of the Promotion and the selection of the potential winner is final and binding in all matters related to the Promotion. Winner will be notified by email on or about January 4, 2010. Failure to respond to the initial verification e-mail within ten (10) days of notification or return of e-mail notification as undeliverable after three (3) attempts will result in disqualification. After the winner has been verified the prize will be awarded to the sorority chapter’s preferred Charity.

7. Verification of Potential Winner

Potential winner must continue to comply with these Official Rules and winning is contingent upon fulfilling all requirements. The potential winners will be notified by email and/or telephone. The potential winners will be required to sign and return to Sponsors, within ten (10) days of the date notice is sent, an affidavit of eligibility, and liability/publicity release (except where prohibited) in order to claim his/her prize if applicable. If a potential winner of any prize cannot be contacted, fails to sign and return the affidavit of eligibility and liability/publicity release within the required time period (if applicable), or if the prize or prize notification is returned as undeliverable, potential winner forfeits prize.

8. Grand Prize

Three Grand Prizes will be awarded. A twenty five hundred dollar ($2,500) donation will be made to each of the three winning sorority chapter’s preferred Charities. Federal, State and Local taxes and fees, if any, are the winning Charity’s sole responsibility.

9. Entry Conditions and Release

By entering, each participant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsors and Administrator which are binding and final in all matters relating to this Promotion; (b) release and hold harmless the Sponsors and the Administrator and each of their respective parents, subsidiary, and affiliated companies, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Promotion, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant's entry, creation of an entry or submission of an entry, participation in the Promotion, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Sponsors from and against any and all claims, expenses, and liabilities (including reasonable attorneys fees) arising out of or relating to an entrant’s participation in the Promotion and/or entrant’s acceptance, use or misuse of prize.
10. Publicity

Except where prohibited, participation in the Promotion constitutes winners consent to Sponsors’ and its agents' use of winner's name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
11. General Conditions

Sponsors and Administrator reserve the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Sponsors’ reasonable control impairs the integrity or proper functioning of the Promotion, as determined by the Sponsors in their sole discretion. Sponsors reserve the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsors reserve the right to seek damages from any such person to the fullest extent permitted by law. Sponsors’ failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
12. Limitations of Liability

The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Promotion or receipt or use or misuse of any prize. If for any reason a registration or vote is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant's or vote’s sole remedy is another registration or vote in the Promotion, provided that if it is not possible. No more than the stated number of prizes will be awarded.
13. Disputes

Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Promotion, or any prizes awarded, other than those concerning the administration of the Promotion or the determination of the winner, shall be resolved individually, without resort to any form of class action; (ii) any and all disputes, claims and causes of action arising out of or connected with this Promotion, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate New York State Court located in New York, New York; (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys' fees; and (iv) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsors in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (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.

14. Entrant’s Personal Information

Information collected from entrants is subject to the privacy policy which is located below.

15. Promotion Results

For Promotion results send a hand-printed, self-addressed, stamped envelope to Winners List - Share the Happy Program c/o Pulse Health & Wellness, Inc., 308 West Rosemary Street, Suite 201, Chapel Hill, NC 27516. Requests for the winner list must be received by February 1, 2011.


Terms and Conditions

 1. You may freely browse the Site, but you may only download information from this Site, including any text, images, audio, and video (the "Information") for non-commercial personal use. You may not, however, distribute, modify, transmit, reuse, repost, or use the Information for public or commercial purposes, without written permission of NCH.

 2. You must retain and reproduce each and every copyright notice or other proprietary rights notice contained in any NCH Information you download. You may not, however, distribute, modify, transmit, reuse, report, or use the content of the Site for public or commercial purposes, including the text, images, audio, and video without written permission of NCH. You should assume that everything you see or read on the Site is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the Site without the written permission of NCH. NCH neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with NCH.

 3. With the exception of the foregoing limited authorization, no license to or right in the Information, or any copyright of NCH or of any other party is granted or conferred to you.

 4. This NCH Site may contain or reference trademarks, patents, proprietary information, technologies, products, processes or other proprietary rights of NCH and/or other parties. No license to or right in any such trademarks, patents, trade secrets, technologies, products processes and other proprietary rights of NCH and/or other parties is granted to or conferred upon you.

 5. While NCH uses reasonable efforts to include accurate and up to date information in the Site, NCH makes no warranties or representations as to the accuracy of the Information. NCH assumes no liability or responsibility for any errors or omissions in the content of the Site. In particular, NCH will not be liable for the accuracy, completeness, adequacy, timeliness, or comprehensiveness of the Information contained on the Site. ALL NCH INFORMATION IS 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 do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. NCH also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video or audio from the Site. NCH reserves the right to interrupt or discontinue any or all of the functionality of its Site. NCH does not accept responsibility or liability whatsoever for any interruption or discontinuance of any or all functionality of its Site, whether the result of actions or omissions of an entity of NCH or a third party.

 6. Except for information covered by our Privacy Policy, any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions or the like is, and will be treated as, nonconfidential and nonproprietary. Anything you transmit or post becomes the property of NCH or its affiliates and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, NCH is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.

 7. NCH Information may contain technical inaccuracies or typographical errors. NCH reserves the right to make changes, corrections and/or improvements to NCH Information, and to the product and programs described in such information, at any time without notice.

 8. This NCH Internet Site may contain information on its worldwide products and services, not all of which are available in every location. A reference to a NCH product or service on a NCH Internet site does not imply that such product or service is or will be available in your location.

 9. Because NCH has no control over and does not endorse any of the sites to which the Site is linked and because NCH has not reviewed any or all of the sites to which the Site is linked, you acknowledge that NCH is not responsible for the content of any off-Site pages or any other sites linked to the Site. Your linking to the Site, off-Site pages or other sites is at your own risk and without the permission of NCH. By making use of any such links, you understand that the legal statement and privacy policy of the linked site will apply and which may be different from those of NCH.

 10. NCH accepts no liability for links from us to others, and in particular we are not responsible for the accuracy or legality of the content thereof. We accept no liability deriving from a breach or omission in the privacy policy of third parties.

 11. Although NCH may from time to time monitor or review discussions, chats, postings, transmission, bulletin boards, and the like on the Site, NCH is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. NCH will fully cooperate with any law enforcement authorities or court order requesting or directing NCH to disclose the identity of anyone posting any such information or materials.

 12. If NCH becomes aware that you have violated any of the Terms and Conditions contained in this Legal Statement, NCH may immediately take corrective action including preventing the user from using the services offered by NCH and take down any information, data and content put on the Site by the user, at any moment and without notice. NCH does not accept any liability derived from this action.

 13. NCH may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.

 14. Links to this Site are permitted only to the home page. You may not link to any other pages without the prior written consent of NCH.

 15. Framing of this Site by sites or site elements of parties not part of the NCH Group is not permitted. In-line linking or any other manner of incorporating parts of this Site in sites of parties not part of NCH is equally prohibited.

16. You will indemnify NCH, save harmless, from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings, (whether legal or administrative) and expenses arising out of or relating to any use of any discussions, chats, postings, transmissions, bulletin boards, and the like contained on this Site, including any that may arise from a violation of this notice. Such claims shall include, but shall not be limited to, claims based upon trademark, service mark, trade name, copyright and patent infringement, trademark dilution, tortuous interference with contract or prospective business relations, unfair competition, defamation or injury to reputation, misrepresentation or breach of warranty or other injuries or damage to business.

Privacy Statement

Novartis Consumer Health Inc. Website Privacy Policy

This Policy is a statement of our general privacy policy and practices governing the ways in which we collect, hold and use information about individual persons. Our privacy policy is easy to find as it is located on our homepage and each page of this website. Where personal data is requested, further explanation may be provided, where appropriate, as to the purposes for which the data will be used. This Policy, coupled with any supplementary explanation, is designed to provide privacy protection tailored to the individual visitor to, or user of, this website.

1. Pledge on Privacy

The term "personal data" as used in this Policy refers to information such as your name, birth date, e-mail address or mailing address, that can be used to identify you. Novartis Consumer Health Inc. ("NCH") will not process your personal data without your consent.

In processing your personal data, we pledge to fully comply with internationally recognized standards of privacy protection. In so doing, we ensure compliance by our staff with strict standards of security and confidentiality.

The next sections explain how and when we collect personal data from you.

2. Intended Use of Personal Data

Most of our services do not require any form of registration, allowing you to visit our site without telling us who you are. However, some services may require registration. When you register with us, you may need to complete certain fields. In these situations, if you chose to withhold any personal data requested by us, it may not be possible for you to gain access to certain parts of the site and for us to respond to your query.

NCH processes personal data for specific and limited purposes, which we inform you about when we ask you for information. For example, we may collect and use personal data to provide you with products or services, to bill you for products and services you request, to market products and services which we think may be of interest to you, or to communicate with you for other purposes. Information you send to our customer service department is used only to help resolve your problem and is otherwise kept private.

3. Non-Disclosure of Information

NCH will not sell, share or otherwise distribute your personal data to third parties outside the Novartis Group of Companies. However, personal data may occasionally be transferred to third parties who act for or on behalf of NCH, or in connection with the business of NCH, for further processing in accordance with the purpose(s) for which the data was originally collected.

Where disclosure of personal data to a third party occurs we will endeavor to ensure that the processing is performed in accordance with the purposes and within the limits under which the data was originally collected. Such third parties may operate under different privacy policies. In the event that this website is closed down, all personal data will be destroyed or you will be notified of any new manner of use of the data so you may revoke your consent of the use of this data.

4. Right of Access

You have the right to access and update your personal data or to require their deletion. We endeavor to ensure that personal data is up-to-date, accurate, and complete. If you wish to access or correct your personal data held by us, please call 1-800-452-0051. Your requests will be dealt with in a prompt and proper manner. No charge will be levied for complying with a correction request, however, for all other requests, NCH may charge a small fee to cover its costs. Requests to delete personal data will be subject to any applicable legal and ethical reporting or document filing or retention obligations imposed on NCH.

5. Security and Confidentiality

To ensure the security and confidentiality of personal data that NCH collects on-line, NCH uses data networks protected, inter alias, by industry standard firewall and password protection. Access to personal data is restricted to those employees who have a need to use the data and who have been trained to handle such data properly and observe strict standards of confidentiality. If an employee breaches our policies and procedures he/she will be disciplined accordingly. Staff compliance with our policies and procedures is regularly audited and reviewed. While we cannot guarantee against any loss, misuse or alteration to data, we try to prevent such unfortunate occurrences.

6. Data Transfer Abroad

We may transfer your data to one of NCH's databases outside your country of domicile. If the level of privacy protection in a country does not afford an adequate level of privacy protection, we will ensure that data transfers to NCH databases in that country are adequately protected and that the transfer of data to third parties in such countries will not occur unless we obtain your express consent to such transfer in advance.

7. Anonymous Data and "Cookies"

Most of the information that NCH collects from its website(s) is anonymous information, such as the pages you visit and searches you perform. When you visit our website, we do not collect any personal data from you unless otherwise authorized by you.

Anonymous information is processed by NCH to help improve the contents of the site and to compile aggregate statistics about individuals using our site for internal, market research purposes. In so doing, NCH may install "cookies" that collect the first level domain name of the user (e.g., "bigmail.com" from and e-mail address of john@bigmail.com) and that date and time of the access. "Cookies" by themselves cannot be used to discover the identity of the user. A "cookie" is a small piece of information which is sent to your browser and stored on your computer's hard drive. "Cookies" do not damage your computer. You can set your browser to notify you when you receive a "cookie," this will enable you to decide if you want to accept it or not.

8. Spamming

NCH does not condone "spamming." Spamming is defined as sending unsolicited e-mails, usually of a commercial nature, in large numbers and repeatedly to individuals with whom the sender has had no previous contact or who have declined to receive such communications.

In contrast, where NCH believes that certain product, health, or other information is of importance to you it reserves the right to inform you by e-mail whilst giving you the choice of opting out of such service.

9. Personal Information and Children

NCH will not knowingly collect, use or disclose personal data from a minor under the age of 13, without obtaining prior consent from a person with parental responsibility (e.g., a parent or guardian) through direct off-line contact. We will provide the parent with (a) notice of the specific types of personal data being collected from the minor, and (b) the opportunity to object to any further collection, use, or storage of such information. NCH abides by laws designed to protect children.

10. Links to Other Sites

This Privacy Policy applies only to this website to the exclusion of third party websites. NCH may provide links to other websites which we believe may be of interest to our visitors. We aim to ensure that such websites are of the highest standard. However, due to the nature of the World Wide Web, NCH cannot guarantee the standards of every website link it provides to be responsible for the contents of non-NCH sites.

11. Contact NCH

If you have any queries or complaints about our compliance with this Privacy Policy, or if you would like to make any recommendations or comments to improve the quality of our Privacy Policy, please contact the webmaster. This privacy policy is effective as of January 1, 2001. We aim to constantly improve the tools available to you to manage the data that you provide to us. Please refer to this page from time to time to review these other new features.