National Teething Month
Baby Orajel^® “Baby’s First Tooth” Photo Sweepstakes
OFFICIAL RULES

1.   SWEEPSTAKES:  NO PURCHASE NECESSARY.  VOID WHERE PROHIBITED BY LAW.  The Baby Orajel^® Baby’s First Tooth Photo Sweepstakes (“Sweepstakes”) is open to legal residents of the fifty (50) United States and the District of Columbia subject to eligibility guidelines below.  Odds of winning depend on the number of eligible entries received.  The Sweepstakes begins at 8:00 AM Eastern Standard Time on Tuesday, March 9, 2010 and ends at 6:00 PM Eastern Daylight Time (“EDT”) on Wednesday, March 31, 2010.  This Sweepstakes is sponsored by Church & Dwight Co., Inc., the maker of Baby Orajel® (“Sponsor”).  Sponsor’s computer is the official time-keeping device for the Sweepstakes.

2.   ELIGIBILITY:  To be eligible to nominate a baby, his/her parent or legal guardian must be age 21 or older and a legal U.S. resident at the time of entry.  The nominated baby must be no more than twelve (12) months of age at the time of entry with no more than four (4) teeth.  Employees of Sponsor, Hunter Public Relations, competitors of Sponsor, and its and their affiliates, subsidiaries, franchises, agents, representatives, advertising and promotion agencies and fulfillment companies, and their immediate families (parents, children, siblings, spouse) and members of their same households (whether related or not) are not eligible to participate.

Entry into this Sweepstakes constitutes permission for Sponsor to use each baby’s name, image/likeness and biographical material as well as his/her Photo (as defined below) for any purpose whatsoever without compensation or further permission, including but not limited to an irrevocable and perpetual, royalty-free, worldwide right, in all media (now known or later developed) to assign, use, publish, edit, adapt, modify, alter, reproduce, distribute, broadcast, display, copyright, create derivative works or otherwise exploit the photo, for commercial or non-commercial use, and without compensation to the entrant.  By submitting a photo, the entrant waives any and all rights he or she may have to the photo.  To the extent entrant has any rights in the photo, the entrant assigns all such rights to the Sponsor by submitting the photo.

3.   HOW TO ENTER:  To submit one (1) digital photo of your baby twelve (12) months of age or younger with his/her first tooth/teeth prominently displayed (“Photo”), visit http://www.orajel.com/babyphotocontest/index.asp and access the Sweepstakes entry page.  Complete the online entry form, being sure to include (a) baby’s first name, (b) baby’s age, (c) parent or legal guardian’s full name, address, e-mail address and phone number, and any other requested information.  Then follow the directions on how to upload the Photo of your baby.  Submit your entry so that it is received by Sponsor’s server by 6:00 PM EDT on March 31, 2010.  Note that while submitting a Photo is required for entry, the Photo will not be judged nor will it be used to determine the Sweepstakes semi-finalists.  The Photo may be in color or black and white, must be only in GIF (.gif) or JPEG (.jpg) format and may not exceed a file size of 4 megabytes.  Files exceeding the maximum size will not be accepted.  Twins, triplets and other multiples may be entered but will be considered one entry for purposes of this Sweepstakes.  Limit one (1) entry per baby (or per set of twins/triplets, etc. if applicable).  The term “baby” shall refer to a single child or collectively to twins, triplets or other multiples, as applicable.  Multiple entries received for the same baby will result in disqualification of all entries received for that baby.

Photos must (a) be original, non-published works and cannot have been taken by a professional photographer, (b) have been taken within two (2) months of entry to qualify, and (c) be the sole property of entrant and entrant must have all rights to reproduce and distribute the Photo submitted.  For the avoidance of doubt, entrant must own or have the right to convey any and all right, title and interest in and to the Photo as more fully set forth in paragraph 7 below.  Submitting a photo that is copyrighted by another individual will make you responsible for any legal action the legal copyright holder might take against you.  Entrants must be able to supply additional photo(s) upon request.

Additional Submission Guidelines:

·    Photo must not have been submitted previously in a promotion of any kind or exhibited or displayed publicly though any means.

·    Photo must not contain any individuals other than the featured baby.

·    No party other than parent/legal guardian may have any right or title in or to the Photo or any portion thereof.

·    Parent/legal guardian must have all rights necessary to submit the Photo in the Sweepstakes in accordance with these Official Rules.

·    Photo may not contain brand names or trademarks, promote any good or service, or contain any images, artwork or other materials not created by entrant.

All entries become Sponsor’s property and will not be returned.  Neither Sponsor nor Hunter Public Relations will be responsible for lost, late, illegible, incomplete, misdirected, damaged, destroyed or mutilated entries or postage due mail, or for errors, omissions, interruptions, deletions, defects, delays in operations or transmissions, theft, destruction, unauthorized access to or alterations of entry materials or failures in transmission of e-mail entries.  Parents/legal guardians and babies shall not receive any compensation or credit for use of a Photo other than that disclosed in these Official Rules.

4.   WINNER SELECTION & NOTIFICATION:  On or about April 2, 2010, Promotion Mechanics, Inc., an independent organization, will conduct a random drawing from among all eligible entries received to select ten (10) potential semi-finalists.  Potential semi-finalists will be notified by e-mail and/or phone immediately following the random drawing.  As a condition of officially being named a semi-finalist and claiming a prize, the potential semi-finalist (i.e., parent/legal guardian who nominated the baby in the Photo) must sign and return, within seventy-two (72) hours of delivery to such entrant’s email address identified on the entry submitted by the baby’s parent or legal guardian, an affidavit of eligibility, release of liability and, if legally permissible, publicity form and/or other documentation as required by Sponsor.  Inability to contact a potential semi-finalist within two (2) days from the first attempted notification and/or the return of any documentation as undeliverable will result in the prize being forfeited and an alternate potential semi-finalist will be selected at random from the remaining eligible entries.

Three (3) finalists will be selected from among the semi-finalists based upon the results of the popular vote.  The online public vote will take place at http://www.orajel.com/babyphotocontest/index.asp (“Site”) during a two week period beginning at 8:00 AM EDT on or about Tuesday, April 6, 2010 and ending at 6:00 PM EDT on or about Tuesday, April 20, 2010 (“Voting Period”).  The semi-finalist Photos will be posted on the Site during the Voting Period and voters will be asked to vote for their favorite Photo.  Limit one (1) vote per person/e-mail address per day during the public voting period.  Votes generated by script, macro or other automated means will be void.  Only persons at least thirteen (13) years of age will be eligible to vote during the Voting Period.  The three (3) Photos with the highest number of eligible votes during the Voting Period will be determined to be finalists and the Photo with the most votes among the finalists will be deemed to be the Grand Prize winner.  In the event of a tie, a random drawing will be conducted to determine which Photo among the tied finalists is the Grand Prize winner.

Decisions of Sponsor and the independent organization are final in all matters relating to this Sweepstakes and are not open to appeal.  The Grand Prize winner and Runners-up will be notified by phone and/or e-mail on or about April 21, 2010.  If a finalist fails to respond within forty-eight (48) hours of notification, or if such finalist or finalists are found to be ineligible, an alternate finalist may be selected.  A list of the winners will be posted on the Site on or about April 26, 2010.

5.   PRIZES:  The following prizes will be awarded:  one (1) Grand Prize consisting of $1,000 cash, and two (2) Runner-up prizes, each consisting of $500 cash.  Prizes will be awarded in the form of a check made payable to the winner.  Total approximate retail value (ARV) of the Grand Prize: $1,000.  Total ARV of the Runner-up prizes is valued at $1,000 ($500 each).  Total overall approximate retail prize value:  $2,000.  All prizes are subject to the restrictions set forth in these Official Rules.

6.   PRIZE RESTRICTIONS:  Sponsor reserves the right, in its sole discretion, to substitute a prize or prizes of comparable or greater value for any and all prizes.  No other substitutions, cash equivalents or transfer of prizes allowed unless specifically authorized by Sponsor.  Winners are solely responsible for reporting and paying any and all applicable federal, state, and local taxes and any additional fees associated with prizes.  All federal, state and local laws and regulations apply.  An IRS Form 1099 may be issued to a winner and such winner may be required to provide his/her social security number for reporting purposes.  Any winner notification returned to Sponsor as undeliverable will result in disqualification and the naming of an alternate winner.  Correspondence will not be acknowledged.  All prizes will be awarded.

7.   GENERAL CONDITIONS:  This Sweepstakes is governed by the laws of the State of New York.  By participating in the Sweepstakes, each entrant, on behalf of himself/herself, and his/her executors and heirs, agrees (a) to be bound by and abide by these Official Rules and by all decisions of Sponsor, whose decisions are final and not open to appeal; (b) to release, indemnify, defend and hold harmless Sponsor, Hunter Public Relations and its and their respective directors, officers, employees, subsidiaries, affiliates, agents, partners, representatives, suppliers, divisions, agencies, successors, assigns, licensors and advertising, promotional, or judging agencies, and any and all prize suppliers (“Released Parties”), from any and all causes of action, liabilities, suits, claims (including but not limited to, third party claims that may be made against entrants, and claims arising out of or relating to acceptance, receipt, possession or use/misuse of any prize, or any publicity or other public exposure of entrants, including without limitation, claims concerning infringement or invasion of entrant’s privacy or publicity rights, or defamation, or acts undertaken in preparation for, or participation in, the Sweepstakes), cross-claims or counterclaims, costs, injuries, losses or damages or demands of any kind (including without limitation personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light) (collectively, “Claims”), WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF A RELEASED PARTY; (c) to assume all risks, express or implied, associated with all claims released above, including without limitation, all risks concerning entry into and participation in the Sweepstakes; and (d) that neither Sponsor, nor any of the foregoing entities have made or are responsible or liable for any warranty, expressed or implied, relative to a prize, including, but not limited to, its quality or fitness or merchantability, and all prizes are tendered to entrants on an “as is” basis.  There are no warranties that extend beyond the description on the face of any Sweepstakes materials of any prize.  Notwithstanding anything to the contrary contained in these Official Rules, Sponsor reserves the right, in its sole discretion, to suspend, modify or cancel the Sweepstakes, or any portion thereof, if it cannot be run as originally planned, including by reason of tampering, unauthorized intervention or fraud; malicious software attacks, bugs or other problems, or force majeure or other causes beyond the control of Sponsor which impair the integrity or corrupt the administration or security of the Sweepstakes.  In such event, the Sweepstakes shall be conducted from among all eligible entries received, if any, prior to suspension, modification or cancellation, if any, prior to the date on which the event that compromised the Sweepstakes occurred as follows: the winners will be selected in a random drawing from among all eligible entries received prior to and/or after (as appropriate) the action taken by Sponsor, in which event, notice will be posted on the Site.

Without limiting the foregoing, all winners, on behalf of themselves, their executors, heirs and assigns, by acceptance of a prize or reward, agree to release the Released Parties from any and all liability, claims or actions of any kind whatsoever for injuries, damages or losses of any kind to persons or property which may be sustained in connection with the receipt, ownership or use of a prize or while preparing for, participating in or traveling to and/or from any prize-related activity or otherwise.

Failure to comply with the Official Rules will result in disqualification.  An entrant’s entry will be disqualified, at the sole discretion of Sponsor, if he/she attempts (a) to enter the Sweepstakes through any means other than described in these Official Rules; or (b) to disrupt the Sweepstakes, circumvent the terms and conditions of these Official Rules, or in any way tamper with any component of the Sweepstakes.  In consideration of participating in the Sweepstakes, each entrant unconditionally and irrevocably assigns and transfers to Sponsor all right, title and interest in and to the Photo, including, without limitation, the copyright and other rights therein, and upon Sponsor’s request, will execute any documents necessary to effectuate such ownership.  For the avoidance of doubt, by entering the Sweepstakes, entrants grant Sponsor the royalty-free, irrevocable, perpetual worldwide right and license to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, edit, modify and otherwise exploit the Photo in any way, in any and all markets, in any and all media now known or hereafter devised without limitation and without notice or consideration.  Entrants represent and warrant that they have the sole and exclusive right to grant such rights to Sponsor, and that its reproduction, publishing, displaying and/or other use or exploitation of the Photo will not infringe on any rights of any third party.  Select Photos may be featured on the Site and in other promotional materials and advertising of the Sweepstakes and Sponsor.

8.   USE OF ENTRY INFORMATION:  Please note that by entering this Sweepstakes and by leaving the “opt-in” box on the entry form checked, you are agreeing to receive the Baby Orajel® Newsletter via email until you choose to unsubscribe.  The collection and use of entrant information will be governed by Sponsor’s on-line privacy policy, available for viewing at http://www.churchdwight.com/crelations/Privacy_Policy.htm.

9.   OFFICIAL RULES/WINNERS LIST: For the names of the winners, available after May 28, 2010, and/or a copy of the Official Rules, please send a self-addressed, stamped #10 envelope to: Baby Orajel Baby’s First Tooth Sweepstakes, “Rules” or “Winner List” (specify which), c/o Hunter Public Relations, 41 Madison Avenue, 5th Floor, New York, NY 10010.  All requests must be received June 1, 2010 to be honored.

10. SPONSOR: Church & Dwight Co., Inc., 469 North Harrison St., Princeton, NJ 08543-5297

Copyright © Church & Dwight Co., Inc.  All rights reserved.