Alka-Seltzer® "Battle of the Bands" Contest Official Rules NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING. HOW TO ENTER: There are three (3) ways to enter: Enter by mail, on-line or at a live event in three specified markets between 11/13/06 -12/22/06. 1)To enter by mail, please print your name(s) and address, including city, state, zip code, daytime telephone number and e-mail address (if available) on a 3" x 5" card. Send a CD with a file containing your band's (includes solo-artists) pre-recorded jingle containing the verse "Plop Plop Fizz Fizz Oh What A Relief It Is" used at least once. Your jingle should be at least 30 seconds long, but not more than 2 minutes (2MB maximum MP3 file or 50 MB maximum MPEG or AVI file). Sign your 3" x 5" card, and mail it along with your submission including a color photo of your band to: Alka-Seltzer Battle of the Bands Contest, PO Box 1304. Grand Rapids, MN 55745-1304. All entries submitted by mail must be postmarked by 12/22/006 and received by 12/29/06. Each entry must be mailed separately. 2) Enter electronically by visiting http://www.plopplopfizzfiizz.com. Photo must be a JPEG file and a maximum of 200KB in size. Jingle must be a MP3 file format and a maximum of 2MB in size or a MPEG or AVI file format and a maximum of 50MB in size. Entries must be received between 11/13/0612:00:01 a.m. EST and 12/22/06 11:59:59 p.m. EST. Sponsor is not responsible for incorrect or inaccurate entry of information or for those who cannot access the Internet or cannot click-through for any period of time regardless of technical, hardware, software, telephone, Internet, virus contamination, network problems or delay, failure or malfunction for any reason. 3) Attend one of the official Alka-Seltzer Battle of the Bands events scheduled in Atlanta, GA; Dallas, TX; or Philadelphia, PA and complete an Official Entry/ Release Form (dates to be determined, please visit http://www.plopplopfizzfizz.com for a complete list). If, at any time during the performance, Sponsor deems an entrant's performance as inappropriate, the entrant will be disqualified. You may enter more than once at events if time permits but a completed entry form must be submitted for each entry and you must follow the instruction of Sponsor's representatives. Events are scheduled at Sponsor's discretion ELIGIBILITY: Contest open only to current legal residents of the 50 United States (including the District of Columbia) who are 18 years of age or older (19 in AL and NE, 21 in MS). Bayer HealthCare LLC employees, officers, directors, agents and representatives (and their immediate families (mother, father, sister, brother, any child, husband, wife)), and those living in the same household of the foregoing, or Bayer HealthCare LLC's parent companies, subsidiaries, affiliates, distributors, retailers, suppliers, advertising and promotion agencies, design, web design, web hosting, law firms and anyone connected with the production and distribution of this Contest are prohibited from participating in the Contest. Void where prohibited or restricted by law. Subject to all federal, state and local laws and regulations. Contestants may submit as many jingles as desired. Responsibility for receipt of entry rests solely with the entrant. Sponsor is not responsible for lost, misplaced, delayed, illegible, inaudible, damaged, altered, forged, or otherwise defective entries that will be voided. All entries become the property of Sponsor and will not be acknowledged or returned. Each entrant warrants and represents that each submitted jingle is original, has not been written by a professional writer or previously won a prize and does not infringe the copyright or other proprietary rights of any third party. CONTEST PERIOD: The Contest begins on November 13, 2006 and ends on December 22, 2006. PRIZES: ONE (1) GRAND PRIZE WINNER will be chosen from the First Prize Winners and will receive an additional $10,000 plus the opportunity to receive on air (radio and/or television) play of their jingle. If necessary, Bayer will pay the expenses associated with the recording session of the jingle including: round trip coach class airline tickets (destination to be determined), hotel accommodations for 1 night, and transportation to and from hotel to recording session. (ARV is between $2,000 and $15,000 depending on the number of members of the band). FOUR (4) FIRST PRIZE WINNERS will receive $1,000 each. Total Approximate Retail Value of All Prizes: $29,000. All expenses not expressly set forth in these Official Rules are the sole responsibility of the winner. Prizes are non-transferable and no substitutions are allowed except by Sponsor who at its sole discretion reserves the right to substitute a prize of comparable or greater value. All applicable taxes on prizes are the responsibility of the winner. Odds of winning depend on the total number of eligible entries received. JUDGING: 1) A panel of independent judges (Arrowhead Promotion) will listen to and judge jingles submitted via mail and online entry based upon required criteria. The panel will select up to 25 potential winners. One (1) First prize winner will be chosen from these 25 potential winners by Sponsor. 2) Three (3) First prize winners will be selected from live events. One from each local event. The Grand Prize Winner will be chosen from the First Prize Winners by Sponsor, and such selection will be based upon submission's content, creativity, originality, suitability as well as winner's overall fit with the representation of the Alka-Seltzer brand. Sponsor reserves the right to disqualify any entry that, in their opinion, refers, depicts or in any way reflects negatively upon the Sponsor, the promotion or any other person or entity. Anyone appearing to be under the influence of drugs or alcohol will be immediately disqualified. Participants each grant to Sponsor all rights to own, use and reproduce their submission(s) in any medium and in any manner whatsoever, as Sponsor in its sole discretion shall determine. Sponsor reserves the right to reproduce, alter, amend and copyright entries for purposes of advertising and trade. However, Sponsor is not obligated to make any use of the winning submission(s). Acceptance of a prize constitutes permission to use the name, likenesses, city and state addresses and images of the Prize Winners without additional compensation, unless prohibited by law. NOTIFICATION: First Prize Winners will be notified by mail and/or email no later than 12/27/06. All finalists selected, will be subject to verification and background check before being announced as qualified winners. Winners will be required to execute an Affidavit of Eligibility and Release of Liability/Publicity. Affidavits and releases must be signed, notarized and returned to Sponsor within fourteen (14) days of receipt, or prize will be forfeited and an alternate winner may be selected at the sole discretion of the Sponsor. If prize or prize notification is returned as undeliverable or Sponsor cannot contact winners for any reason, prize will be forfeited and alternate winner selected. INDEMNIFICATION: By entering and/or accepting prize, winner releases and agrees to hold harmless Bayer HealthCare LLC, its parents, divisions, subsidiaries, affiliates, advertising, promotion and public relation agencies of each from any and all liability for any injuries, loss or damage of any kind, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any prize, or participation in this Contest. GENERAL: By participating in this Contest, you agree to be bound by these Official Rules. 1. Sponsor reserves the right to cancel or modify the Contest if, in Sponsor's sole determination, the integrity of the Contest has been or could be compromised, or the Contest is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause. 2. Sponsor reserves the right to disqualify any entrant if, according to Sponsor's sale judgment, entrant has not complied with these Official Rules. All of an entrant's entries will also be disqualified, at the sole discretion of Sponsor, if the entrant attempts (a) to enter the Contest through any means other than as described in these Official Rules; (b) provides information that is inaccurate or fraudulent; or (c) attempts to disrupt the contest or circumvent the terms and conditions of these Official Rules. 3. Sponsor, its subsidiaries, affiliates and the directors, officers, professional advisors, employees and agencies of each will not be responsible for: (a) any late, lost, misrouted, illegible, inaudible, garbled, distorted or damaged transmissions; (b) telephone, electronic, hardware, software, network, Internet, or other computer or communications - related malfunctions or failures; (c) any Contest disruptions, injuries, losses or damages caused by events beyond the control of Sponsor, or (d) any printing or typographical errors in these Official Rules or any materials associated with the Contest. 4. Only the number of prize listed in the Official Rules will be awarded. 5. Each participant agrees that: (a) any and all disputes, claims and causes of action arising out of or in connection with this Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action, and any judicial proceeding shall take place in a federal or state court with the State of New Jersey; (b) any and all claims, judgements and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys' fees; and (c) under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim punitive, incidental, consequential and any other damages and any and all right to have damages multiplied or otherwise increased, other than for actual out-of-pocket expenses. Collection of personally identifiable information will be in accordance with the Rules and Bayer HealthCare LLC Online Privacy Policy as posted on the Website. LAW:. This Contest is governed by the laws of the United States with venue in Morris County in the State of New Jersey. By entering, you agree to be bound by these rules and you give your express permission to be contacted bye-mail, telephone and/or mail. WINNER'S LIST: For a list of the prize winners, send a self-addressed, stamped envelope to Alka-Seltzer Battle of the Bands Contest, PO Box 1234-W, Grand Rapids, MN 55745-1234. WA and VT residents need not affix return postage. Requests for winners list must be received by 2/15/07. SPONSOR: This Contest is sponsored by Bayer HealthCare LLC, P.O. Box 1910, Morristown, NJ 07962.