Rules & Regulations:

Colgate MaxFresh “Canada’s Freshest Dancer” Promotion

OFFICIAL RULES

1. PROMOTIONAL PERIODS: No Purchase Necessary. There are two Promotional Periods for the “GET FRESH! and Dance” Promotion (the “Promotion”). The first Promotional Period will be open to entrants who wish to submit a video as defined in Rule 3 below. Videos can be submitted between 7:01:01 AM (ET) on June 22, 2009 and 11:59:59 PM (ET) on August 17, 2009 (the “Submission Period”). The second Promotional Period, during which votes can be placed for any one of the submissions received during the Submission Period, will commence at 7:01:01 AM (ET) on June 25, 2009 and ends at 11:59:59 PM (ET) on September 1, 2009 (the “Voting Period”). Following the Voting Period, all votes will be tabulated and the twenty (20) submissions with the highest number of votes (see Rule 4d for details) will be declared the Semi-Finalists (subject to Rule 6). The twenty (20) Semi-Finalist videos will be judged according to Rule 7a. The five (5) Finalists who receive the highest score from the judges will be selected to compete in a “Dance Off” on September 25, 2009 in Toronto, ON. Participation in the “Dance Off” is required in order to win the Grand Prize. To submit a video or place a vote visit www.getfreshanddance.ca (the “Website”).

2. ELIGIBILITY: There are two types of entrants into the Promotion: (a) entrants who register and submit a video whether it be a solo or a duet submission (see Rule 3) (“Dancer Entrants”), and (b) entrants who register and vote on video submissions (“Voting Entrants”). Both types of entrants are collectively referred to in these Official Rules as “Entrants”. To enter the Promotion and be eligible to win a Prize, all Entrants must be legal residents of Canada (excluding residents of the Province of Quebec) who have reached the age of majority in the province/territory in which they reside at the time of entry into the Promotion. Employees, officers, and directors (and their immediate family members (parents, siblings, children and spouses, regardless of where they reside) and members of the same household (whether related or not)) of Colgate-Palmolive Canada Inc. (the “Sponsor”), its respective affiliates and agents, their advertising or promotional agencies, supplier of Prizes and the independent contest organization are not eligible to enter the Promotion. Individuals who, as of June 22, 2009, are professional dancers or performers are not eligible to enter the Promotion as Dancer Entrants, but may participate as Voting Entrants. For the purposes of these Official Rules, a “professional dancer or performer” includes someone who: (a) has personally received payment as compensation for dance or other performances more than twice within the past year, or (b) who has during the past two years been signed or been bound by contract with a professional dance company, or other third party who represents more than one professional dancer or group of professional dancers; or (c) is currently the member of a performance union or guild. The decision as to whether or not a Dancer Entrant is a professional dancer or performer will be within the sole discretion of the independent contest organization.

3. DANCER ENTRANTS: MAKING YOUR VIDEO(s):

  • To participate in this Promotion, Dancer Entrants are required to create a 30 second or less in running time dance video. Acceptable video formats: WMV, AVI, MOV or MPG. The video and dance choreography must be original works, created solely by the Dancer Entrant, and over which the Dancer Entrant has all necessary rights, title and interest, including copyright. The video and choreography therein must have been created specifically for this Promotion, and have not been previously published, or entered into, or received any awards in, any other contest or competition. The video must not infringe upon the intellectual property rights, or defame or invade the publicity or privacy rights, of any third party, living or deceased. If you wish to include music in your video, you must select one of the songs provided on the Website, and include the song as part of your video. Videos that include songs other than those on the Website will be disqualified. Videos that do not include the songs provided on the website will not have music added to them when they are posted on the Website.
  • Each Dancer Entrant may compete individually in a solo, or collectively with up to one (1) other Dancer Entrant in a duet. In the case of a duet, both Dancer Entrants must be eligible as outlined in Rule 2 above. Videos that show more than two (2) persons will be disqualified. Each video may only be submitted once. In the case of duplication, the videos will be void and may be removed from the Website, and the Dancer Entrants may be disqualified. See Rule 4 below for more information about Dancer Entrant registration and entry.
  • Videos submitted that are longer than 30 seconds in length will be cut off at 30 seconds at the sole discretion of the independent contest organization. Videos may not be enhanced with the use of graphics or special effects. Costumes, small props and accessories held or worn by Dancer Entrant(s) may be used. The video must not contain images that include, or that is confusingly similar to, the brand names, trade names, trade marks or logos or any third party. For example, do not wear branded t-shirts or hats, or use props that show the maker’s name or logo. The Colgate* MAX FRESH* logo, trade-mark or product packaging may appear in the video, however if it does appear, it must not be disparaged (i.e. do not step on the packaging, crumple it, or treat it with disrespect) or the video may be disqualified.
  • The video must be suitable for family audiences and for display and publication on national television, in the sole determination of independent contest organization. Without limitation, videos shall not contain any content that is or contains: unlawful behaviour, profanity, nudity, explicit sexuality, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or is hatefully, racially, ethnically or otherwise offensive or objectionable.

4. DANCER ENTRANTS: HOW TO ENTER: Dancer Entrants must register in order to submit videos.

  • Already registered: If you have previously registered, select “login” and enter your email and password. Proceed to step “c”;
  • First Time Visitors:To register, (i) complete the online Entry Form with your full name, full address, daytime telephone number with area code, date of birth and e-mail address; (ii) create a display name (this name will be the one that appears under your video and must be a minimum of 6 characters and must start with a letter); (iii) create and confirm a password; (iii) indicate if you would like to start receiving future communications from the Sponsor (optional) and select “Submit”;
  • Uploading a Video:(i) Enter a title for your video (20 characters or less); (ii) optional - tell us in 25 words or less “why you want to be Canada Freshest Dancer”; (iii) optional - select a song title (this would be the music that you want to correspond to your video, if do not select a song your video will have no music); (iv) browse and upload your video file; (v) if your video includes a second person “Dancer 2” you must complete the Dancer 2 fields with full name, full address, city, province, e-mail address, and date of birth; (vi) confirm that you or the both of you have read the Official Rules; (vii) confirm that you or the both of you agree to the terms of the Submission Agreement and Privacy Policy; and (viii) select “Submit”. Note: You must have permission from the Dancer 2 to submit a duet video as he/she must confirm consent as having read the Official Rules of this Promotion. If this is the first Video Entry as Dancer number one that you are submitting, you will receive a confirmation to the email address submitted at the time of registration. You MUST click on the link within the email sent to confirm your entry. If you do not receive the confirmation e-mail within a few minutes, please check your spam folder or spam filters. All entries must be received and confirmed by 11:59:59 PM (ET) on August 17, 2009 (the “Submission Closing Date”). The sole determinant of time for the purposes of receipt of a valid entry in this Promotion will be the Promotion server machine(s).
  • If one entrant has multiple videos selected in our top twenty (20), their highest rated video will be included and all other videos will be disqualified, including any duet submissions. Therefore, any partner will also be disqualified.
  • All Video Entries shall be the sole property of the Sponsor and will not be returned. All Video Entries will be reviewed for compliance with these Official Rules before being judged; however, such review does not relieve Dancer Entrants from responsibility for compliance with these Official Rules.
  • Limit of six (6) Video Entries per Dancer Entrant per week (including all solo and duet entries). A week is defined as seven consecutive days commencing at 12:01:01 AM (ET) on a Monday. If entering a duet, the Video Entry will count as one (1) entry for each Dancer Entrant. Each Video Entry may only be submitted once, and the choreography in each Video Entry must be original. All names (whether they are entered as Dancer Number 1 or Dancer No 2) will be cross referenced against all weekly submissions and may be disqualified if they are linked to more than six (6) Video Entries. Each Video Entry must be from an identifiable source. The Dancer Entrant must not create a false identity, or impersonate any person or entity, or falsely state or otherwise misrepresent an affiliation with any person or entity. Each Dancer Entrant may only use one (1) email address to participate in the Promotion. Any person who is found to have entered more than the maximum allowable number of Video Entries, or with more than one (1) e-mail address, will be disqualified and all votes for any affected Video Entry received during the Voting Period may be disqualified. Proof of transmission (screenshots or captures, etc.) does not constitute proof of receipt.
  • By submitting a Video Entry, the Dancer Entrant represents and warrants that he or she: (a) owns and controls all right, title and interest, including copyright, in and to the Video Entry and choreography (excluding music content provided by Sponsor); (b) has the right and authority to, and does hereby, grant to Sponsor an irrevocable, non-exclusive, royalty-free worldwide license in perpetuity to reproduce, broadcast, communicate, distribute, adapt, modify and otherwise use all or any part of the Video Entry submitted under this Contest on the Contest Website; and (c) waives any and all moral rights that he/she may have in the Video Entry with respect to the uses contemplated herein.
  • Videos that are deemed by the independent contest organization as compliant with these Official Rules will be available for public viewing within 72 hours of being confirmed. Videos that are deemed not to comply with these Official Rules will not be approved and the Dancer Entrant will be sent an e-mail notification within the 72 hours advising that their video was not approved. Any new videos received will be posted after the 72 hours approval period. See Rule 6 for voting period and how to place a vote.

5. DANCER ENTRANTS: ON THE SPOT VIDEO TAPING: Promotion event staff will be in and around the Toronto, Ontario area during the Submission Period to promote the Promotion. Any person who is eligible (under Rule 2 above) may approach the Promotion event staff to create an on-the-spot video. Prior to being video taped, Dancer Entrant(s) will be required to sign a declaration and consent form. Any person who has been video taped will be provided with a unique PIN. This unique PIN will allow the Dancer Entrant to view his/her personal video on the Website two business days after the video was created commencing at 5:00 PM (ET). His/her video will be available for fourteen (14) days on the Website, and accessible only through use of the PIN provided. After the fourteen (14) day period, all on-the-spot videos will be removed from the Website. Note: On-the-spot videos are not automatically entered into the Promotion. Any on-the-spot video can be submitted as a Video Entry by the Dancer Entrant by visiting the Website entering the unique PIN provided, selecting the “I wish to upload my video” button, and continue to enter by following the directions in Rule 4 above.

6. VOTING: Voting will commence at 7:01:01 AM (ET) on June 25, 2009 and end at 11:59:59 PM (ET) on September 1, 2009 (the “Voting Period”). Voting Entrants must register in order to place a vote. If you have previously registered, log in with your email and password. To register, (i) complete the online Entry Form with your full name, full address, daytime telephone number with area code, date of birth and email address; (ii) create and confirm a password; (iii) indicate if you would like to start receiving future communications from the Sponsor (optional); (iv) select the video you wish to vote for; and (v) select “Submit”. Upon receipt you will receive an on-screen “Thank you” message. If this is your first time visiting the Website and registering you will be sent a confirmation e-mail to the e-mail address provided. To complete your initial vote you MUST click on the link within the e-mail sent. By clicking on the link you are confirming that we are in receipt of your vote. If you do not receive the e-mail please check your spam folder. E-mail confirmations will only be sent with your initial vote, future voting submissions will not require an e-mail confirmation. To view the videos, you must ensure you have the acceptable programs as defined at the top of these Official Rules. Voting Entrants can vote multiple times during the Promotion by logging-in to the Website and voting on a video, but each Voting Entrant is limited to one vote per day. Each Voting Entrant may only use one (1) email address to participate in the Promotion. All votes must be received by 11:59:59 PM (ET) on September 1, 2009 (the “Voting Closing Date”). Following the Voting Period, all votes will be tabulated and the twenty (20) submissions with the highest number of votes (subject to Rule 4d) will be declared the Semi-Finalists (subject to Rule 7, and compliance with these Official Rules). Any person, who is found to have voted more than once per day, or with more than one (1) e-mail address, will be disqualified and all votes received by such person during the Voting Period will be disqualified. Proof of transmission (screenshots or captures, etc.) does not constitute proof of receipt. Votes generated by script, macro, robotic, programmed, or any other automated means are prohibited and will be disqualified. Votes that are late, lost, stolen, illegible, contain false information, damaged, misdirected, mutilated, garbled or incomplete, altered or otherwise irregular, that have been submitted through illicit means or do not conform with or satisfy any or all of the conditions the Official Rules will be judged void. All votes become the property of the Sponsor upon receipt and none will be returned.

7. DANCE ENTRANT SELECTION PROCESS:

  • SEMI-FINALISTS JUDGING: The twenty (20) submissions from Dance Entrants that received the highest number votes during the Voting Period (refer to Rule 4d for details) will be judged by the Sponsor’s selected judging committee in Toronto, ON, commencing on September 2, 2009, and the judging committee will select five (5) Finalists. The twenty (20) Semi-Finalist videos will be reviewed and judged on the following categories (the “Judging Criteria”): (i) Overall Performance (up to 25 Points can be awarded per performance); (ii) Originality and Creativity (up to 25 points can be awarded per performance); (iii) Technique (up to 25 points can be awarded per performance); and (iv) Enthusiasm (up to 25 points can be awarded per performance); for a total possible score of 100 points. The Dancer Entrant(s) who submitted the five (5) Video Entries with the highest overall scores awarded by the Sponsor’s judging committee will be selected (each referred to as a “Finalist”; if two people are in a video, they will be considered jointly as one Finalist) and will have the opportunity to travel to Toronto, ON and compete in the “Dance Off” on September 25, 2009. Odds of a Dancer Entrant being selected as a Semi-Finalist depend upon the number of votes received per Video Entry and the number of eligible Video Entries received. The odds of a Semi-Finalist being named a Finalist will depend on the skill of the Dancer Entrants in meeting the Judging Criteria noted above.
  • Each of the five (5) Finalists will be contacted by e-mail or telephone on or about Wednesday, September 8, 2009. Each Finalist must complete and return by fax or mail a Release Form (see Rule 13 below) by the deadline stated on the Release Form, and confirm their attendance at the “Dance Off” on September 25, 2009 in Toronto, Ontario before being confirmed as a Finalist. Each Finalist and his/her guest (if video selected is a “solo”) must have valid photo identification and other documentation required to travel, and must have no restrictions on their ability to travel on the dates contemplated herein. In the event that a selected Finalist cannot be contacted by 5:00 PM (ET) on September 11, 2009 by e-mail or telephone, the selected Finalist will be disqualified, and at the sole and absolute discretion of the independent contest organization, his/her eligibility to receive the Finalist Prize will be forfeited, and the next alternate Entrant with the highest overall score will be selected, contacted, and given three business days to respond, after which the above process will be repeated until such time as there are five (5) Finalists, or until 5:00 pm ET on September 20, 2009, whichever comes first.

8. GRAND PRIZE JUDGING: On September 25, 2009, the five (5) Finalists will be required to perform on stage in Toronto, ON (the “Dance Off”). The Dancer Entrants must appear themselves at the Dance Off, and may not send substitutes. In the event that a Finalist entry includes two (2) dancers, the Finalist may perform as a solo. In the case of illness, injury, or if for any reason the Dancer Entrant(s) are unable to perform, the Finalist will be disqualified. For the purposes of the Dance Off, Dancer Entrants will be asked to perform up to one (1) minute of choreography. The Dance Off performance must include the same 30-second choreography included in the Video Entry, and must be danced to the same song as the Finalist’s Video Entry. The Finalists’ Dance Off performances and appearances must comply with all conditions noted above (excluding time and format restrictions) applicable to Video Entries. The Sponsor’s judging committee will be judging and scoring each Finalist according to the Judging Criteria. Each Finalist will commence the “Dance Off” with no score. The Finalist with the highest overall score will be selected as the Grand Prize Winner. Odds of a Finalist receiving the highest overall score depend on the skill of the Finalists in meeting the Judging Criteria, and are no worse than 1 in 5. Sponsor will not be responsible if weather conditions, labour disruptions, acts of God or any other condition beyond the Sponsor’s reasonable control require cancellation of the Dance Off, in which case, a winner will be selected in accordance with Rule 9 below.

9. TIES: In the event that there is a tie during any selection process, or if the “Dance Off” cannot be completed as scheduled for any reason, a random draw will be conducted amongst the Entrants who are eligible to select one (1) eligible entrant for the said Prize. In the event that a Dance Entrant winner is to be selected through random draw, before being declared a winner the Dance Entrant must first correctly answer a time-limited, mathematical skill-testing question without assistance of any kind (whether mechanical or otherwise) to be administered at a mutually convenient time by telephone.

10. VOTING ENTRANTS: Each vote submitted by a Voting Entrant will entitle the Voting Entrant to one (1) entry (a “Voting Entry”) in a random draw that will be conducted from among all eligible Voting Entries on or about September 10, 2009. A total of five (5) Voting Entries will be selected, and the Voting Entrants who submitted each selected Voting Entry will be eligible to win a 4GB iPod Nano*. Voting Entrants will be contacted by e-mail or telephone, and each Voting Entrant must correctly answer a time-limited mathematical skill-testing question without any assistance of any kind, whether mechanical, electronic, or otherwise, to be administered at a mutually convenient time by telephone or e-mail, and complete and return by fax or mail a Release Form as defined in Rule 13 below by the deadline specified on the Release Form before they will be declared a winner

11. PRIZES: There will be a total of eleven (11) prizes available to be won (each a “Prize”).

  • FINALIST PRIZES: Each of the five (5) Finalists will be brought to Toronto to compete for a chance to win the Grand Prize at the Dance Off. Each Finalist must be available to compete in Toronto on Friday September 25, 2009. Each Finalist will receive two (2) nights’ hotel accommodations at a moderate hotel in downtown Toronto, in a standard room, based on double occupancy with continental breakfast provided each morning. Return ground transportation between hotel and event on September 25, 2009 and $250.00 CAD spending money will also be provided. In the event that any Finalist selected has submitted a video with two persons in the video, both individuals will be brought to Toronto to compete and will not be eligible to bring any other person with them. Approximate retail value of the Finalist Prize is $500 CAD. If the Sponsor determines that any Finalist resides further than 4 ½ hours driving distance from Toronto, the Finalist and his/her guest (if the video submitted does not contain two persons) will be provided with return economy air transportation departing from the major Canadian commercial airport closest to (one of) the Finalist’s residence to Pearson International airport, as well as roundtrip transfers between the airport in Toronto and the hotel. Approximate retail value of airfare for two (2) people is $2,000 CAD based on a Vancouver departure. Actual retail value may vary depending on the city of departure and time of booking. In the event that the Finalist resides within 4 ½ hours driving distance of Toronto, a cash allowance will be provided (the amount of which to be determined by the Sponsor) to go towards the cost of gas or, at the sole discretion of the Sponsor, the Finalist and his/her guest (if the video submitted does not contain two persons) may be provided return economy train transportation to Toronto’s Union Station. The Finalist and his/her travel guest (if the video submitted does not contain two persons) must be available to depart for Toronto on September 24th, 2009 and return on September 26th, 2009 or on such dates as designated by the Sponsor. In the event that the Finalist is not available to travel on the dates specified by the Sponsor, he/she will be disqualified and the next Finalist with the highest overall score may be selected. The Finalist and his/her guest (if the video submitted does not contain two persons) must travel on the same itinerary and are responsible for ground transfers to and from the Finalist or travel guest’s residences and designated airport or train station, if applicable. All other expenses not specified herein, including but not limited to: ground transportation except for on the competition day, meals, airport taxes, insurance, items of a personal nature, telephone, fax, personal services and expenses such as laundry, valet, room service; gratuities, optional tours, medical travel documents, and other incidental costs are the responsibility of each Finalist and his/her guest (if the video does not contain two persons). Finalist(s) may be required to present a credit card at the time of check-in at the hotel. The Sponsor reserves the right to select airline and accommodations in its sole discretion. No frequent flyer miles or other loyalty program points will be available for this trip. Limit one (1) Finalist prize per Dance Entrant or per Duet.
  • GRAND PRIZE: The Finalist that receives the highest score from the Sponsor’s judging committee on September 25, 2009 will be awarded $10,000 CAD (the “Grand Prize”). The cheque will be sent by mail within 30 days of September 25, 2009. The Grand Prize will be issued in the form of a cheque payable in the Grand Prize Winner’s name as it appears on his/her Video Entry. If the Finalist consists of a team of two (2) individuals, the team as a whole will receive $10,000 CAD, in the form of two cheques for $5,000 CAD each.
  • VOTING PRIZES: There will be five (5) 4GB iPod Nano* prizes (“Voting Prizes”) available to be won by Voting Entrants. Approximate retail value of each Prize is $175.00 CAD. No colour choice will be available. Odds of winning a Voting Prize will depend on the number of eligible Voting Entries received. The approximate retail value of the Voting Prize is that stated by the supplier of the Prize as being in effect thirty (30) days prior to the launch of the Promotion. Prices may vary and retailers may sell for less.
Prizes must be accepted as awarded without substitution and are not transferable or for resale and have no cash surrender value. The Sponsor reserves the right, in the event that any Prize or any component of a Prize cannot be awarded as described for any reason, to substitute a similar Prize or component of a Prize of equal or greater monetary value without liability.

12. SUITABILITY FOR PUBLICATION: The Sponsor reserves the right to reject the Video Entry of any Dancer Entrant if, in the sole opinion of the Sponsor acting in its absolute discretion, the Video Entry would be inappropriate, violate the Submission Agreement, or would violate or offend any law, regulation, order, governmental policy, public policy, or third party's rights, or if the Video Entry or Dancer Entrant could potentially expose the Sponsor to legal actions, embarrassment, contempt, ridicule, or adverse publicity or otherwise reflect unfavorably on the Sponsor or any of its products.

13. RELEASE FORM: In order to be declared the Winner of a Finalist, Grand, or Voting Prize, an Entrant will be required to complete and return by fax or mail a Declaration and Publicity Release Form (the "Release Form") and provide proof of identity in the form of government-issued photo identification. By completing and returning the Release Form, and accepting the Prize, an Entrant confirms compliance with the Official Rules, agrees to accept the Prize as awarded, without substitution; acknowledges that the Prize is not transferable, for resale, or convertible to cash; releases the Sponsor, its affiliated and related companies and advertising and promotional agencies, the independent contest organization, and their respective shareholders, directors, officers, employees, agents, representatives, successors and assigns from and against any and all liability in connection with the Promotion and the awarding and use of the Prize; and consents to the use of his/her name, address (city and province), and/or photographs, without further remuneration, in connection with any publicity carried out by or on behalf of the Sponsor with respect to the Promotion unless prohibited by law. The Finalists also grant to Sponsor an unconditional license and waiver with respect to all intellectual property rights in and to his/her Video Entry (including the choreography therein), including any and all copyright and/or moral rights, including the perpetual right and license to publish, broadcast or otherwise use the Video Entry in any future promotional materials, to modify the Video Entry, and to otherwise use the Video Entry, in whole or in part, worldwide, in any media whether now known or hereinafter devised, in perpetuity without further notice or compensation, all as determined by the Sponsor. The Release Form must be returned within the time period specified on the Release Form or the Prize will be forfeited. Voting Prizes will be mailed or sent by courier to the Voting Prize Winner's address as indicated on the Release Form within the time period specified in the documents. The Finalists Prizes will be arranged by either the Sponsor or a designated agent of the Sponsor with the Finalists within five (5) days of receipt of the Release Form.

14. GENERAL: By entering the Promotion, entrants (i) acknowledge compliance with these Official Rules including all eligibility requirements, (ii) agree to be bound by the Official Rules and by the decisions of the independent contest organization, made in its sole discretion, which shall be final and binding in all matters relating to the Promotion; (iii) license and/or waive all rights to their Video Entries (including the choreography therein), including any and all copyright and/or moral rights, to the Sponsor, including the right to modify the Video Entries; and iv) agrees to indemnify and hold harmless the Sponsor, its respective parent, subsidiaries, affiliates, successors, licensees, and assigns, and each of their directors, officers, agents, equity holders and employees, and the independent contest organization , from and against any and all claims, losses, costs, damages, liabilities and costs and expenses (including reasonable legal fees) which may arise out of any breach of any of covenants, agreements, terms, obligations, representations or warranties set forth herein, including but not limited to claims from third parties alleging breach of intellectual property rights. Entrants who have not complied with these Official Rules are subject to disqualification.

15. The Sponsor and the independent contest organization do not assume any responsibility and are not responsible for: (i) the incorrect or inaccurate capture of entry information; (ii) entries that fail to comply with the Official Rules; (iii) any loss, damage, or claims caused by or resulting from the awarded Prizes, use of any Prize, or the Promotion itself; or (iv) any failure of the Website during any Promotional Period, including any problems, human or technical, printing errors, lost, delayed, garbled data or transmissions, omissions, interruptions, deletions, defects or failures of any telephone or computer lines, technical malfunctions of any computer on-line systems, servers, access providers, computer equipment, software, failure of any e-mail or entry to be received on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof including any injury or damage to an Entrant’s or any other person's computer related to or resulting from downloading any material connected to the Promotion, all of which may affect a person’s ability to participate in the Promotion. The Sponsor does not warrant that access to or use of the Website will be uninterrupted or error-free. Entry material/data that has been tampered with or altered is void. Proof of transmission (screenshots or captures, etc.) does not constitute proof of delivery. Entries generated by script, macro, robotic, programmed, or any other automated means are prohibited and will be disqualified. In the event it is determined that an entrant has registered or participated in a manner contrary to these Official Rules, the entrant and all Video Entries or Voting Entries submitted by the entrant may be disqualified.

16. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Entrants and the Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein in respect of residents of the other Canadian provinces/territories, without regard to conflicts of law principles. Any attempt by a entrant or any other individual to undermine the legitimate operation of the Promotion could be a violation of criminal and civil laws and should an attempt be made, the Entrant will be disqualified and the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. The Promotion is void where prohibited by law and subject to all applicable federal, provincial, and municipal laws. No correspondence will be entered into except with the selected Entrants.

17. The Sponsor reserves the right to terminate, suspend, or amend this Promotion or to amend the Official Rules at any time and in any way, without prior notice. Without limiting the foregoing, if for any reason the on-line portion of the Promotion is not capable of running as originally planned because of, for example, tampering or infection by computer virus, or other circumstances beyond Sponsor’s control such as event cancellations by venue organizers, or acts of God, or war or terrorism, the Sponsor reserves the right to cancel the Promotion and will conduct a random draw to select ten (10) voters and one (1) entrant as Winners from the eligible submissions received. In such a circumstance, any prize claimant must first correctly answer a time-limited mathematical skill-testing question without assistance of any kind, whether mechanical or otherwise, to be administered at mutually convenient time by telephone. The Sponsor shall not be held responsible for any problems, errors, or negligence that may arise or occur in connection with the Promotion including but not limited, to any damage to an entrant's computer equipment, system, software or any combination thereof, as a result of the entrant's participation in the Promotion.

18. If a dispute arises regarding who submitted an entry, the entry will be deemed to have been submitted by the authorized account holder of the e-mail address provided at the time of entry. The authorized account holder is defined as the natural person who is assigned an e-mail address by an Internet access provider, on-line service provider, or other organization/person responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.

19. Unless you otherwise consent, the personal information you provide to enter this Promotion will be used for the purposes of administering this Promotion and in connection with any publicity relating to the Promotion. To view Colgate-Palmolive Canada Inc.’s privacy policy visit http://www.colgate.ca/english/legal/index.html

SUBMISSION AGREEMENT

ACCEPTANCE OF TERMS This website (“Site”) is intended for use by residents of Canada only. You must be a resident of Canada over the age of majority in the province or territory in which you live to submit Submissions (as defined below) on this Site. By submitting Submissions to the Site, you agree to all terms, conditions, and notices contained or referenced in this Submission Agreement ("Agreement"), and the Legal Policies and Privacy Policies of this Site. [Note: please make active links to legal policies and privacy policies.] If you do not agree with the terms, conditions and notices of this Agreement, the Legal Policies and the Privacy Policies (collectively, "Terms"), please do not submit Submissions to the Site. Colgate-Palmolive Canada Inc. (referred to as "CP," "we," "us," or "our") reserves the right at its discretion to change, modify, add or remove portions of the Terms at any time. Please check the Terms periodically for changes. Your continued use of the Site following the posting of changes to the Terms will mean you accept those changes.

SUBMISSIONS As used in this Agreement, the term "Submissions" means your videos, comments, and other graphical or textual materials that you upload, submit or otherwise post on the Site. The Site permits you and other users to submit Submissions to the Site so that such Submissions can be incorporated into content and materials owned by CP on the Site and distributed to the general public via the Site. CP reserves the right, but does not have the obligation, to review, approve and/or remove from the Site any Submissions at any time with or without notice in its discretion.

You understand that CP does not guarantee any confidentiality with respect to any Submissions. If a Submission is distributed through the Site, you understand that such Submissions are considered non-confidential and non-proprietary communications, and therefore others may view, copy, modify or redistribute your Submission without your knowledge. Submissions may not be acknowledged and will not be returned. Submissions may be published by CP if deemed appropriate by CP in its sole discretion.

You shall be solely responsible for your own Submissions and the consequences of posting or publishing them. In connection with your Submissions, you represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright, intellectual property or other proprietary rights in and to any and all of your Submissions, and waive any moral rights therein, to allow use and distribution of the Submissions in the manner contemplated by the Site and these Terms. You also represent and warrant that you have the written consent, release, and/or permission of each and every identifiable individual person (or his/her parent or guardian if the person is under the age of majority) in the Submission to use and/or disclose the name, likeness or personal information of each and every such identifiable individual person to enable use and distribution of the Submissions in the manner contemplated by the Site and these Terms.

In connection with the Submissions, you further agree that you will not submit material protected by any third party proprietary rights, including rights of privacy and publicity, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant all of the license rights granted herein. For example, Submissions must not include: (a) trademarks owned by third parties, including consumer brands or brand names; (b) copyrighted materials owned by others (including dialogue or clips from existing movies, musical compositions, and sound recordings, stock images); (c) names, likenesses, voices, or other indicia identifying celebrities and other public figures, living or dead; or (d) look-alikes or sound-alikes of celebrities or other public figures, living or dead.

You also agree that you will not :

  • Publish representations that could damage CP or any third party;
  • Submit content that is unlawful, harmful, abusive, tortious, libelous, obscene, defamatory, threatening, pornographic, offensive or racially, ethnically or otherwise objectionable; or that encourages conduct that would be considered a criminal offense, that gives rise to civil liability, or that violates any law.
  • Post, upload or otherwise submit content that contains any form of destructive software such as a virus, worm, trojan horse, time bomb, or any other harmful components or any other computer file, program or code, designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
  • harvest or otherwise collect or store any information (including personally identifiable information) about other users of the Site, including e-mail addresses, without the express consent of such users;
  • For the purpose of misleading others, create a false identity of the sender or the origin of a message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through or posted on the Site; or
  • impersonate any person or entity, including, but not limited to, a CP employee or representative, or falsely state or otherwise misrepresent your affiliation with a person or entity.

Ownership Rights/ License to Use Submissions You retain all of your ownership rights in your Submissions. However, you acknowledge and agree that all right, title and interest (including, without limitation, copyright, trademark and other intellectual property rights) in and to any and all content, elements and materials created by or for CP incorporating all or any portion of the Submission shall be exclusively owned and controlled by CP. By submitting the Submissions to us, you hereby grant CP a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license in perpetuity to copy, use, reproduce, distribute, broadcast, prepare derivative works of, display, and perform the Submissions, and you waive all moral rights therein, in connection with the Site and CP's (and its successor's or assign’s) business, including without limitation for advertising, promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels, whether now known or hereinafter devised.

Your Liability/ Disclaimer of CP Liability: CP does not endorse any Submission or any opinion, recommendation, or advice expressed therein, and CP expressly disclaims any and all liability in connection with Submissions. YOU SPECIFICALLY ACKNOWLEDGE THAT CP SHALL NOT BE LIABLE FOR SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

You agree to indemnify and hold harmless CP for any action brought by any person as a result of your Submission, including but not limited to any claims that the Submission violates the intellectual property rights of a third party, defames or otherwise violates the rights of such party. You hereby release and forever discharge CP from any and all causes of action, whatsoever, in law and in equity including any right or claim to any proceeds or sums of monies generated or received by CP by reason of the use, sale or dissemination of your Submissions herein.

You understand that when using the Site, you will be exposed to Submissions from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submissions. You further understand and acknowledge that you may be exposed to Submissions that are inaccurate, offensive, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against CP with respect thereto.

Copyright and Trademark Notices You acknowledge and agree that CP, the CP logos and characters, and the layout and design of the Site(s), among other marks that may appear on the Site are trademarks of CP (the "CP Marks"). Other trademarks and service marks on the Site may be the property of the advertisers, content partners and/or providers, or other third parties. You may not use any of the CP Marks without CP’s prior written permission, and you may not use any third-party marks without the third party's prior written permission.

* iPod Nano is a registered trade-mark of Apple Inc., which is neither affiliated with nor responsible for the administration of this Promotion.

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