LEHIGH VALLEY ORAL SURGERY & IMPLANT CENTER GIVE A SMILE CONTEST
NO PURCHASE OR PAYMENT IS NECESSARY. VOID WHERE PROHIBITED. THIS COMPETITION IS A CONTEST OF SKILL BASED ON JUDGING CRITERIA CONCERNING ENTRANT WHO BEST DEMONSTRATES WHY THE ENTRANT IS IN NEED OF A SMILE, AS DETERMINED WITHIN THE JUDGES’ SOLE AND ABSOLUTE DISCRETION. ONLY ELIGIBLE PARTICIPANTS MAY ENTER. DO NOT ENTER IF YOU RESIDE OUTSIDE THE TERRITORY, ARE UNDER 18 YEARS OF AGE OR THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE, OTHERWISE DO NOT SATISFY THE ELIGIBILITY REQUIREMENTS, OR DO NOT OR CANNOT FULLY COMPLY WITH THE OFFICIAL RULES.
THE OFFICIAL RULES ARE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND SPONSOR AND GOVERN YOUR PARTICIPATION IN THE CONTEST. ENTRY AND/OR PARTICIPATION IN THE CONTEST CONSTITUTES YOUR FULL AND UNCONDITIONAL AGREEMENT TO AND ACCEPTANCE OF THE OFFICIAL RULES. THE CONTEST IS GOVERNED BY THE OFFICIAL RULES, AND SUBJECT TO ALL APPLICABLE U.S. FEDERAL, STATE AND LOCAL LAWS.
- CONTEST AND CONTEST PERIOD: Sponsor (defined in Section 19) is conducting the “Lehigh Valley Oral Surgery & Implant Center Give a Smile Contest” (the “Contest“), which is governed by these “Lehigh Valley Oral Surgery & Implant Center Give a Smile Contest Official Rules” (“Official Rules”). The Contest begins on or about May 1, 2019 and end at 11:59 P.M. Eastern Time (“ET”) on or about September 30, 2019 (“Contest Period”). Eastern Time shall control for all purposes of this Contest. The Contest is governed by these Official Rules, and is subject to all applicable U.S. federal, state and local laws, and provincial or territorial laws, and is void wherever prohibited by law.
- CONTEST OVERVIEW: The Contest invites Eligible Participants (defined in Section 3), during the Entry Period (defined in Section 4), to submit an Entry (defined in Section 4) that describes how the Eligible Participant is struggling with the damage that comes from deteriorating oral health, like missing teeth, and why the Eligible Participant has a need for and is deserving of a restored smile through dental implants, but cannot afford dental surgery and implants. During the Phase One Period (defined in Section 5.2.1), a panel of judges consisting of one or more dentists and staff from Lehigh Valley Oral Surgery and Implant Center, P.C. and/or Co-Sponsors (defined in Section 19) (“Judges”) will review the Entries, based upon the Judging Criteria (defined in Section 5.1), along with the Official Rules, to identify five (5) Entries that best describe why the Entrant has a need for and is deserving of a restored smile through dental implants as a result of damage that comes from deteriorating oral health, and financial difficulties Entrant has been experiencing that prevent Entrant from affording the cost of dental surgery and dental implants (“Finalists”). The Finalists will then participate in Phase Two (defined in Section 5.2.2) and based on the results of the Finalists’ participation in the Phase Two, the qualification of the Finalist for either a single full-arch (either upper or lower) or a double full-arch (top and bottom) dental surgical and restoration/implants dental treatment, as further described in Section 6 (“Dental Procedure”) and the Judging Criteria, the Judges will select, during the Phase Three Period (defined in Section 5.2.3) within their sole and absolute discretion from among the Finalists, one (1) Winner (defined in Section 5.2.3) who qualifies for the Dental Procedure.
- ELIGIBILITY: The Contest is open only to legal residents of the following counties in Pennsylvania (“PA”) of the United States of America (“USA”): Berks County, PA; Bucks County, PA; Carbon County, PA; Lehigh County, PA; Monroe County, PA; and Northampton County, PA (“Territory”) EXCLUDING RESIDENTS OF ALL OTHER COUNTIES IN PA, ALL OTHER STATES WITHIN THE USA, INCLUDING PUERTO RICO, GUAM, AND U.S. VIRGIN ISLANDS, AND OUTSIDE THE USA or wherever else prohibited by law, who, at the time of submitting an Entry into the Contest: (i) are 18 years of age or older at the time of submitting an Entry; (ii) have a median household annual income that is below the federal poverty level or up to $50,000, as determined within Sponsor’s sole discretion; (iii) were not, and neither were their Household Members or Family Members, within one (1) year prior to the start date of the Contest Period, a shareholder, officer, director, member, employee or contractor of Sponsor or Co-Sponsors and/or have not , performed services for Sponsor or Co-Sponsors or any of their respective subsidiaries, affiliates and successor companies or any organizations responsible for fulfilling, administering, advertising or promoting the Contest or supplying the Prize (defined in Section 6); (iv) maintain appropriate decorum befitting the reputation and values of Sponsor and Co-Sponsors and must not engage in any conduct that would embarrass Sponsor or Co-Sponsor or bring them into public disrepute or ridicule or that would insult or offend the public or any segment thereof in any way, all as determined within Sponsor’s sole and absolute discretion; (v) has not been convicted of or plead guilty to any federal, state or local crime; (vi) is a candidate for the Dental Procedure, as determined within Sponsor’s sole and absolute discretion; (vii) shall, if selected as a Finalist, participate in Phase Two and participate in the screening for qualification as a candidate to be treated with the Dental Procedure; (viii) shall fill out, sign/execute and agree to all of the terms and conditions of Sponsor’s and/or Co-Sponsors required forms and agreements, including, but not limited to, a winner affidavit of eligibility and release, medical consents and authorization forms, and any other documents or agreements that may be required by Sponsor or Co-Sponsors, as determined within the its or their sole and absolute discretion, including for the provision of promotional and/or sponsorship support, press and public relations activities; and (ix) agree to comply with all terms and conditions of the Official Rules (collectively, the “Eligible Participant” or “Eligible Participants”). The Contest is only open to Eligible Participants, as determined by Sponsor within its sole and absolute discretion, who satisfy all eligibility requirements under the Official Rules (“Eligibility Requirements”). “Family Members” shall mean spouse, parent, child, sibling, grandparent and the “steps” of each. “Household Members” shall mean people who share the same residence at least three months a year, whether related or not. Entrants must comply with the Eligibility Requirements and all terms and conditions of the Official Rules throughout the Contest Period.
ENTRANTS, FINALISTS, AND THE WINNER ACKNOWLEDGE AND AGREE THAT IN ORDER TO RECEIVE AND BE TREATED WITH THE DENTAL PROCEDURE, THE ENTRANT, FINALIST AND/OR WINNER MUST QUALIFY AS A CANDIDATE TO RECEIVE AND BE TREATED WITH THE DENTAL PROCEDURE, AS DETERMINED BY SPONSOR WIHTIN ITS SOLE AND ABSOLUTE DISCRETION.
ALL FORMS, RELEASES, AFFIDAVITS AND RELEASES, AFFIDAVIT MATERIALS, CONFIDENTIALITY AGREEMENTS RELEASES, CONSENTS, AUTHORIZATIONS AND AGREEMENTS AND ANY OTHER DOCUMENTS MUST BE FILLED OUT COMPLETELY, ACCURATELY, AND TRUTHFULLY. IF YOU FAIL TO COMPLETE ANY FORMS, RELEASES, AFFIDAVITS AND RELEASES, AFFIDAVIT MATERIALS, CONFIDENTIALITY AGREEMENTS RELEASES, CONSENTS, AUTHORIZATIONS AND AGREEMENTS AND ANY OTHER DOCUMENTS, AND/OR PROVIDE ANY INACCURATE, FALSE OR MISLEADING INFORMATION, STATEMENTS OR MATERIALS, OR IF YOU FAIL TO REVEAL ANY PERTINENT INFORMATION, YOU MAY BE DISQUALIFIED FROM THE CONTEST AND NOT BE ELIGIBLE TO BE SELECTED AS THE WINNER.
- ENTRY PROCESS AND ENTRY REQUIREMENTS:
4.1 Entry Process: The Contest entry period begins on or about May 1, 2019 and ends at 11:59 P.M. ET on or about July 31, 2019 (“Entry Period”). To enter the Contest and participate in the Contest, Eligible Participants, during the Entry Period, must visit the website at https://www.lvoralsurgery.com/give-a-smile/ (the “Website”), follow all instructions on the Website, and perform all of the following:
- Completely fill out all the required fields on the entry form, including, but not limited to, full name, date of birth, complete home address, daytime telephone number (including area code), email address, and annual household income on the entry form available on the Website (the “Entry Form”); and
- Film, videotape, or record or have filmed, videotaped, or recorded in video format you, the Eligible Participant, explaining, in two (2) minutes in duration, the following:
- Describe the damage to your teeth that arose from deteriorating oral health that you are struggling with;
- Describe the affect the damage to your teeth has had on your life, including your eating and social interactions;
- If you smoke, are you will to quit;
- Describe your financial hardship; and
- Explain why you are a good candidate to receive the Dental Procedure.
(the “Video“) and then upload the Video to the Website by following the instructions on the Website. The Video must be under 200mb in size and in one of the following formats: mov, mp4, wmv, or avi. The Video must be a full body and/or headshot of only the Entrant fully clothed with no nudity; the Video may not depict or include the image or likeness of anyone other than the Entrant.
After completing the Entry Form and uploading the Video, submit the Entry Form and Video into the Contest by following the instructions on the Website. The Entry Form and Video are collectively referred to as the “Entry” or “Entries“. Eligible Participants submitting an Entry in compliance with the Official Rules are referred to individually as the “Entrant” and collectively as the “Entrants“. ALL ENTRIES MUST BE RECEIVED BY 11:59:59P.M. ET, ON JULY 31, 2019. Once an Entry has been submitted, the Entry may not be deleted, edited or modified. All Entries become the property of Sponsor. By entering you agree to be bound by the Official Rules and the decisions of Sponsor, whose decisions shall be binding and final in all respects, and you certify that you are an Eligible Participant. By entering the Contest, you must not engage in any conduct that would be embarrassing to Sponsor or bring Sponsor into public disrepute or ridicule, or would insult or offend the public or any segment thereof.
4.2 Entry Requirements: The Entry must be original to Entrant alone, not copied or plagiarized, and not created in collaboration with anyone, and cannot have been submitted to or published by any other publication, and Entrant must own all copyrights in the Entry, have full rights and authority to grant Sponsor perpetual rights, title, interests and copyrights to use the Entry, and have acquired any necessary releases with respect to the Entry. Entries that are forged, altered, mechanically reproduced or generated by entry devices, macros, bots, and/or other programs and/or software and/or any automated means or mechanisms will not be accepted and will be void. Use of any automated system, software, techniques or practices to participate is prohibited and will result in disqualification and all such Entries will be deemed void. If you enter using a mobile device, standard data charges may apply from your carrier. Entries will not be acknowledged or returned. Limit one (1) Entry per person/Entrant per email address per day throughout the Entry Period. Entries by the same person in excess of the limits stated herein will be disqualified. Entries submitted to the Website will be deemed to have been submitted by the authorized account holder of the email address submitted at the time of entry. “Authorized account holder” is defined as the natural person who is assigned to the email address by an Internet access provider, online service provider or organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
All Entries must be consistent with Sponsor’s image and reputation. Entries cannot, as determined by Sponsor within their sole and absolute discretion: (i) be offensive, obscene, or inappropriate; (ii) be sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group, or pornographic, contain nudity or any dangerous activity; (iii) include any trademarks, service marks, logos, or copyrights or other materials not owned by the Entrant or used without the owner’s permission, in a form acceptable to Sponsor, if requested; (iv) use another person’s name, image, likeness, or other identifiable feature without such person’s permission in a form acceptable to Sponsor, if requested; (v) include any celebrities or public figures; (vi) contain profanity, sexual content; content promoting alcohol, illegal drugs, tobacco, firearms, or weapons, hateful content of any kind (including racism, sexism, etc.), or that promotes violence, hate, or harm to another or any animal, or any other offensive, obscene, or inappropriate content; (vii) defame, slander, misrepresent, or contain disparaging remarks about other people, companies, or businesses including, but not limited to Sponsor; (viii) make threats of any kind, harass, bully or intimidate another; (ix) contain materials personifying the names, likenesses, photographs, or other identifying elements of any person, living, or dead without permission in a form satisfactory to Sponsor, if requested; (x) contain, mention, refer, or otherwise allude to any political or religious references, statements or symbol; or (xi) violate any applicable federal, state or local laws.
Sponsor, within its sole and absolute discretion, has the right to accept, edit, modify or reject any Entry, for any reason. In addition, Sponsor has the right to disqualify any Entry, Finalist or Winner that Sponsor determines, within its sole and absolute discretion, does not comply with the Official Rules or violates any applicable federal, state or local statutes, rules, regulations, guidelines or laws.
- JUDGING CRITERIA, SELECTION PROCESS AND WINNER NOTIFICATION:
5.1 Judging Criteria: Entries will be judged and selected based on the following criteria: the Entrant who is struggling with damage to his/her teeth that arose from deteriorating oral health and is experiencing financial hardship and best describes through his/her Entry and the Selection Process, the affect damage to his/her teeth has had on his/her life, including eating and social interactions, and why the Entrant is deserving of a restored smile through the Dental Procedure (“Judging Criteria”).
5.2 Selection Process: Only Entries from Eligible Participants who comply with the Eligibility Requirements will be reviewed for selection as a potential Finalist and the Winner. The Contest will involve three (3) phases of the selection process: phase one, for selection of the Finalists (“Phase One”), phase two, for evaluation of the Finalists (“Phase Two”), and phase three, for selection of the Winner (“Phase Three”) (Phase One, Phase Two, and Phase Three are collectively referred to as the “Selection Process”).
5.2.1 Phase One: From on or about August 1, 2019 to on or about August 10, 2019 or such other dates as determined by Sponsor within its sole and absolute discretion (“Phase One Period”), the Judges will review the Entries and select, within their sole and absolute discretion, the five (5) Finalists from among the Entrants based on the Entries that best satisfy the Judging Criteria. On or about August 13, 2019, or such other dates as determined by Sponsor within its sole and absolute discretion, Sponsor will notify those Entrants who were selected as potential Finalists by email or telephone, using the information provided on the Entry (“Finalist Notification”). After each potential Finalist receives the Finalist Notification, the potential Finalist will then have three (3) days to respond (in the form requested by Sponsor, whether email, telephone call or otherwise) to the Finalist Notification to confirm the potential Finalist will participate in Phase Two of the Contest (“Finalist Confirmation”). After receiving the Finalist Confirmation from the potential Finalist, Sponsor will send to each potential Finalist by email or by U.S. postal mail and/or Federal Express, at the email address and/or home address provided on the Entry, an Affidavit of Eligibility, Release of Liability, Confidentiality Agreements, and Appearance Release (“Affidavit and Release”), unless prohibited by law; a medical/dental history, including the name and address of your dentist (if you have one), the date of your last dental visit, and how you heard about the Contest, medical and/or dental records, and financial questionnaire as requested and provided by Sponsor (“Questionnaire”); and any other information, material, forms, documentations or agreements that Sponsor requires, including, but not limited to, all statements, forms, releases and consents required for the performance of Screenings (defined below) (the “Affidavit Materials”). Potential Finalists agree to provide any additional information or documentation and/or undergo any screenings requested by Sponsor within its sole and absolute discretion, including, but not limited to, a criminal background check, background check and/or personal records check (“Screenings“). In order to progress to Phase Two, the potential Finalist must fully complete, sign, and return to Sponsor a notarized Affidavit and Release and Questionnaire, along with any Affidavit Materials requested, within seven (7) days from the date Sponsor provides the Affidavit and Release to the potential Finalist. In the event: (i) a potential Finalist does not want to participate in Phase Two; (ii) a potential Finalist cannot be reached for whatever reason based on the information stated in the Entry after attempting to contact the potential Finalist two (2) times; (iii) a potential Finalist fails to comply with the above or within any of the aforesaid time periods; (iv) a potential Finalist is found to be ineligible to participate in the Contest; (v) a potential Finalist cannot or does not comply with the Official Rules; (vi) a potential Finalist’s Finalist Notification is returned as undeliverable for whatever reason; or (vii) a potential Finalist fails to fulfill the Affidavit and Release, Questionnaire, or Affidavit Materials related obligations, said potential Finalist shall be disqualified from the Contest. After Sponsor receives the Finalist Confirmation, the fully completed and signed Affidavit and Release, and any Affidavit Materials, Screenings will be conducted and potential Finalist shall be required, if requested by Sponsor, to provide any additional information and undergo any additional Screenings. After complying with all of the foregoing and successful Screenings, as determined by Sponsor within its sole and absolute discretion, the potential Finalist will become an official Finalist and can proceed to participate in Phase Two.
5.2.2 Phase Two. From on or about September 5, 2019 to on or about September 21, 2019 or such other dates as determined by Sponsor within its sole and absolute discretion (“Phase Two Period”), the Finalists, on the date and time identified by Sponsor to Finalist, shall travel to Sponsor’s office at Lehigh Valley Oral Surgery and Implant Center, P.C., 2571 Baglyos Circle, Suite B23, Bethlehem, PA 18020 or other locations identified by Sponsor (“Sponsor Location”) to (i) participate in one or more interviews with the Judges at Sponsor Location (“Interview”) and (ii) consent to and participate in medical/dental consult, screenings and clinical dental examinations performed by Sponsor, Co-Sponsors and/or its or their professional representatives to perform such screenings and clinical dental examinations as deemed necessary within its and their sole discretion, including, but not limited to, exams and CBCT scans, X-rays of each Finalist’s teeth and mouth, which activities will be photographed, videotaped or otherwise recorded by Sponsor (“Dental Consult”). Finalists acknowledge and agree that they must allow Sponsor and/or Co-Sponsors and/or its or their professional representatives to conduct a complete clinical dental examination as they deem necessary within their sole and absolute discretion, including, but not limited to, X-rays or CBCT scans of Finalists’ teeth and mouth. Finalists acknowledge and agree that they shall be solely responsible for payment of all costs and expenses associated with attending and/or participating in and/or traveling to Sponsor Location for the Interview and/or Dental Consult and otherwise in connection with Phase Two.
5.2.3 Phase Three: From on or about September 24, 2019 to on or about September 28, 2019 or such other dates as determined by Sponsor within its sole and absolute discretion (“Phase Three Period”), the Judges will review and discuss the results of the Interviews, Dental Consults, and Entries for each Finalist and, based on such review and discussion, the Judges shall select, within their sole and absolute discretion, the one (1) Winner of the Contest based on the Finalist’s satisfaction of the Judging Criteria based on the results of the Interviews, Dental Consults, and Entry (the “Winner”). In connection with the selection of the Winner, Sponsor shall, in order to determine the potential Finalist who would most benefit from receiving the Dental Procedure (i.e., the single or double full-arch dental restoration treatment: (i) review each Finalist’s dental and medical records; (ii) review the results of each Finalist’s Dental Consult, including the clinical dental examination; (iii) consider and evaluate each Finalist’s qualification and suitability for the Dental Procedure; (iv) consider and evaluate the results of each Finalist’s Interview; and (v) review each Finalist’s Entry, including the Video.
5.3 Winner Notification: On or about September 28, 2019 or such other dates as determined by Sponsor within its sole and absolute, Sponsor will notify the Finalist who was selected as a potential Winner by email or telephone, using the information provided on the Entry (“Winner Notification”). After the potential Winner receives the Winner Notification, the potential Winner will then have three (3) days to respond (in the form requested by Sponsor, whether email, telephone call or otherwise) to the Winner Notification to confirm the potential Winner wishes to be the Winner of the Contest (“Winner Confirmation”). After receiving the Winner Confirmation from the potential Winner, Sponsor will send to the potential Winner by email or by U.S. postal mail and/or Federal Express Publicity Release and Participation Agreement, as well as other forms, documents, and agreements required by Sponsor all in the forms satisfactory to Sponsor within its sole and absolute discretion (the “Winner Agreement“). In order to be the Winner, the potential Winner must fully complete, sign, and return to Sponsor a notarized Winner Agreement, along with any other information, documents or materials required by Sponsor, within seven (7) days from the date Sponsor provides the Winner Agreement to the potential Winner. Any selected Winner who does not sign the Winner Agreements, provide other documents or information will be disqualified and Sponsor reserves the right to select an alternate Winner from among the remaining Finalists. In the event: (i) the potential Winner does not want to participate as the Winner; (ii) a potential Winner cannot be reached for whatever reason based on the information stated in the Entry after attempting to contact the potential Winner two (2) times; (iii) the potential Winner fails to comply with the above or within any of the aforesaid time periods; (iv) the potential Winner is found to be ineligible to participate in the Contest; (v) the potential Winner cannot or does not comply with the Official Rules; (vi) the potential Winner’s Winner Notification is returned as undeliverable for whatever reason; or (vii) a potential Finalist fails to fulfill the Winner Agreement obligations, said potential Winner shall be disqualified from the Contest. Winner selection is under the supervision of Sponsor, whose decisions are final and binding in all respects.
- PRIZE: The prize is one (1) Dental Procedure that will be awarded to the Winner based on the Winner’s needs, as determined by Sponsor’s professionals and the results of the Selection Process conducted by Sponsor and Co-Sponsor’s professionals, based on their judgment; the Dental Procedure will be either a single full-arch (upper or lower) or double full-arch implant dental replacement treatment (the “Prize”). The approximate retail value (“ARV”) of the prize is $25,000.00 to $50,000.00, depending on the Dental Procedure provided (i.e., either a single full-arch (upper or lower) or double full-arch implant dental replacement treatment). All expenses not specified above, such as travel to and from Sponsor Location or the location of Co-Sponsors for the Dental Procedure and all meetings, examinations, meals, follow-up, etc. are solely Winner’s responsibility, including any and all expenses for the Dental Procedure that are above the ARV. Sponsor is not responsible for Winner’s inability or failure to accept or use the Dental Procedure. As a contingency to receiving the Dental Procedure, Winner shall keep all appointments at all times mutually agreed upon by Winner and Sponsor and Co-Sponsor, participate in and cooperate with all restoration services performed by Co-Sponsors, follow-up procedures, treatments and maintenance requirements recommended, and otherwise cooperate and follow Sponsor’s medical/dental instructions or the Dental Procedure/Prize will be forfeited without any further responsibility by Sponsor to Winner. Winner acknowledges and agrees that the success of the Dental Procedure depends on Winner following all instructions, advice and recommendations, including by quieting smoking if the Winner is a smoker. Prize subject to any and all applicable terms and conditions. Any depictions of prizes are for illustrative purposes only. All federal, state and local taxes on the prize are the sole responsibility of the Winner. Winner will be sent an IRS Federal 1099-MISC tax form for the retail value of any prize at or above $600. No transfer, refund, substitution, or replacement of prizes permitted, except that Sponsor reserves the right, in its sole discretion, to substitute a prize of equal or greater value (or cash equivalent). ARV of all prizes is in U.S. dollars. Any portion of the prize not accepted or unclaimed and/or unused by the Winner will be forfeited and will not be substituted.
- WAIVER OF APPROVALS: By entering and participating in the Contest, each Entrant, Finalist, and Winner hereby waives any right to inspect and approve Sponsor Parties use or exercise of their rights hereunder, including the right to use the Likenesses, Appearances, or any Entry for any purpose, including any advertising or promotional purpose. Each Entrant, Finalist, and Winner agrees he/she shall have no claim, including, without limitation, claims based upon invasion of privacy, defamation, or right of publicity, arising out of any use of the Likenesses, Appearances, Entry, and any videos and/or the use, blurring, alteration, distortion, illusionary effect, faulty reproduction, or use in any composite form of the likenesses. Each Entrant, Finalist, and Winner agrees to waive the benefits of any provision of law known as “droit moral,” or any similar laws, and agrees not to institute, support, maintain or authorize any lawsuit on the ground that Sponsor Parties exploitation of their rights hereunder in any way, including with respect to their aforesaid rights to use the Likenesses, Appearances, or Entry, including the Video, and any video constitutes an infringement of the “droit moral” or a defamation or mutilation of any part thereof of each Entrant, Finalist, and Winner, or contains unauthorized variations, alterations, modifications, changes or foreign versions or translations. If under any law the above waiver of “droit moral” or “moral rights” is not effective, then each Entrant, Finalist, and Winner agrees to exercise such rights in a manner which recognizes the contributions of, and will not have a material adverse impact on Sponsor Parties rights under the Official Rules.
- OWNERSHIP: By entering and participating in the Contest, each Entrant, Finalist, and Winner, hereby acknowledges and agrees that Sponsor shall be the sole and exclusive author, owner and copyright proprietor worldwide and in perpetuity of all rights, title and interests in and to the Contest, all Recordings (including all negatives, prints, copies, or duplicates thereof in any form and/or any and all media), and any and all results and proceeds of Sponsor’s exercise of the rights and license granted to Sponsor hereunder, whether intangible or reduced to tangible form, including, without limitation, all ideas, concepts, plans, titles, subtitles, plots, themes, stories, works, records, reports, documents, photographs, images, videos, audio-visual recordings, filmed materials, artwork, text, mechanicals, proofs, rough cuts, final cuts, film negatives, positives, transparencies, hard drive, files, audio, illustrations, designs and all other materials created by Sponsor in connection with the Contest, along with all editions or derivative works thereof, and all intellectual property rights arising from any of the foregoing including, but not limited to, patents, trademarks, service marks, copyrights, trade secrets and any other rights (“Results and Proceeds”). As the owner of all rights, title and interests in and to the Contest, the Recordings and Results and Proceeds, Sponsor shall have the sole and exclusive right to do or to authorize others to reproduce, prepare derivative works, copy, distribute, perform, display, publish, exploit, sell, license and/or sell the Contest, the Recordings or Results and Proceeds and all editions or derivative works thereof, in whole or in part, for any and all purposes, including, but not limited to, advertising, marketing, publicity, or promotional purposes, in any and all media whether now known or hereafter devised (it being the intention of the parties to confer upon Sponsor the full economic benefit of exploitation in all media, as such media and others may evolve in the future), at any time in perpetuity throughout the universe. By entering the Contest, each Entrant, Finalist, and Winner acknowledges and agrees that they shall not have or claim to have any rights, title or interests in or to the Contest, the Recordings, the Contest, or Results and Proceeds, including to the extent any such Contest, Recordings, or Results and Proceeds, in whole or in part, include or incorporate the Likenesses or Appearances, without Sponsor having any obligation to provide notice, compensation or attribution to Entrant, Finalist, and Winner or any third party, or to obtain any consents from Entrant, Finalist, and Winner or any third party. Each Entrant, Finalist, and Winner for himself/herself and his/her heirs, executors, successors and assigns and any third parties, hereby waives, releases, and discharges Sponsor Parties from any claims, demands and/or causes of action they may have in connection with the Contest or the use of the Recordings or Results and Proceeds by Sponsor Parties including, any claims, demands, or causes of action for infringement of any intellectual property rights, including patents, trademarks, copyrights, or trade secrets or invasion of privacy or publicity, misappropriation or defamation, infliction of emotional distress, HIPAA violations, negligence, and any other tort in connection therewith. However, each Entrant, Finalist, and Winner acknowledges and agrees that Sponsor shall have no obligation to use the Recordings and/or Results and Proceeds.
- WARRANTY: By entering and participating in the Contest, each Entrant, Finalist, and Winner hereby represents and warrants that: (i) he/she is an Eligible Participant and your Entry complies with the Official Rules; (ii) he/she is the creator of the Entry; (iii) the Entry was not previously published or the winner of an award of any kind; (iv) the Entry does not infringe or violate the rights of any third party, including but not limited to, copyrights, trademarks, patents, trade secrets, logos, contract and licensing rights, rights of publicity or privacy, moral rights, or any other intellectual property rights; (v) the use, exhibition, or exploitation of the Entry by Sponsor will not require them to pay or incur any sums to any persons; and (vi) he/she obtained all permissions necessary in connection with the Entry, and and, upon request, will provide those permissions to Sponsor in a form acceptable to Sponsor. In the event any Entry does not comply with the foregoing, Sponsor reserves the right to disqualify any such Entry, at any time.
- INTERNET: If for any reason the Contest does not occur as planned due to an infection by a computer virus, bugs, tampering, unauthorized intervention, fraud or other tampering, technical failures, or any other causes beyond the control of Sponsor that corrupt or affect the operation, administration, security, fairness, integrity, or aspects of the Contest, Sponsor reserves the right, at its sole discretion, to disqualify any individual who tampers or interferes with the Contest and/or to cancel, terminate, modify or suspend the Contest, in whole or in part. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Entries. Sponsor is not responsible for any problems or technical malfunctions of any telephone network or telephone lines, computer on-line systems, internet availability or connection, servers, or providers, computer equipment, software, failure of any email or Entry to be received by Sponsor due to technical problems, human error or traffic congestion on the Internet or at any websites, including the Website, or any combination thereof, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Contest or downloading any materials in this Contest.
- RIGHT TO CANCEL, MODIFY OR DISQUALIFY: Sponsor reserves the right to modify, extend, suspend or terminate the Contest, or any part of it, including the Entry Period or Contest Period, within its sole and absolute discretion, for any reasons, including, but not limited to, fraud, technical failures or difficulties, human error, any reasons that may affect the integrity or functioning of the Contest or any other reasons, and notice of any modification, extension, suspension or termination will be posted on the Website.
- NATURE OF RELATIONSHIP, WAIVER OF EQUITABLE RELIEF: By entering and participating in the Contest, each Entrant, Finalist, and Winner hereby acknowledges and agrees that the relationship between them and Sponsor is not a confidential, fiduciary, or other special relationship, and their decision to submit an Entry and participate in the Contest does not place Sponsor in a position that is any different from the position held by members of the general public. Each Entrant, Finalist, and Winner understands and agrees that the Sponsor Parties have wide access to ideas, stories, content and material, and that new ideas are constantly being submitted to the Sponsor Parties or being developed by their own employees. Many of these ideas may be competitive with, similar or identical to the Entry in theme, idea, format or other respects and each Entrant, Finalist, and Winner acknowledges and agrees that no credit, compensation or other recourse will be provided to them as a result of their participation in the Contest. In addition, each Entrant, Finalist, and Winner acknowledges and agrees that Sponsor does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Entry. Each Entrant, Finalist, and Winner acknowledges and agrees that, with respect to any claim relating to or arising out of the Contest and/or Sponsor’s actual or alleged exploitation or use of any Entry, Likenesses, Appearances, Recordings or Results and Proceeds, or other material or works in connection with the Contest, the damage, if any, thereby caused to the applicable Entrant, Finalist, and Winner shall not be irreparable or otherwise sufficient to entitle any of them to seek injunctive or other equitable relief and their rights and remedies in any such event shall be strictly limited to the right to recover monetary damages, if any, in an action at law. By entering, each Entrant, Finalist, and Winner hereby agrees to irrevocably waive any right or remedy in equity, including, without limitation, the right to seek and/or obtain rescission and/or equitable and/or injunctive relief.
- NO RIGHT TO COMPENSATION/NATURE OF RELATIONSHIP: By entering and participating in the Contest, each Entrant, Finalist, and Winner agrees that they shall not be entitled to any compensation for use of the Entry, Likenesses, Appearances, Recordings, Results and Proceeds, photograph, voice, biographical information, endorsements or any other information concerning the Contest.
- RELEASE AND WAIVER; INDEMNIFICATION: By entering and participating in the Contest, each Entrant, Finalist, and Winner hereby agrees to release, indemnify, and hold harmless Sponsor Parties, Facebook, Twitter, Google, LinkedIn or any other social media platform and each of their respective subsidiaries, affiliates, suppliers, distributors, and advertising/promotion agencies, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from any and all claim, cause of action, or liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury, emotional distress, invasion of privacy, misappropriation of name and likeness, infringement, defamation, death, or damage to or loss of property which may occur in connection with or arise from the Contest, the Entry, the Likenesses, the Appearances, the Recordings, the Results and Proceeds, and the use, distribution, airing, posting or any other use of the Entry and/or any rights granted to Sponsor under the Official Rules. In addition, each Entrant, Finalist, and Winner acknowledges and agrees that the Sponsor Parties will rely on the foregoing terms and conditions potentially at substantial cost to them, and you hereby waive the right to assert any claim of any nature whatsoever against any party relating to the exercise of the rights and permissions granted hereunder.
- LIMITATIONS OF LIABILITY: By entering and participating in the Contest, each Entrant, Finalist, and Winner agrees that Released Parties are not responsible for: (i) any incorrect or inaccurate information, whether caused by Entrant, Finalist, or Winner, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (ii) incomplete, lost, late, misdirected, or illegible Entries or for failure to receive Entries due to any cause, including without limitation human, transmission, or technical problems, failures, or malfunctions of any kind, whether originating with sender, with the Release Parties, Sponsor Parties or otherwise, that may limit an Entrant’s, Finalist’s, and the Winner ‘s ability to participate in this Contest; (iii) unauthorized human intervention in any part of the entry process or Contest; (iv) technical or human error which may occur in the administration of the Contest or the processing of Entries; (v) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participation in the Contest or use of any information or material submitted for the Contest in the manner described in these Official Rules; or (vi) an Entrant’s, Finalist’s, or the Winner’s claim that he or she has somehow been defamed or portrayed in a false light.
BY ENTERING AND PARTICIPATING IN THE CONTEST, EACH ENTRANT, FINALIST, AND WINNER AGREES, AS A CONDITION TO ENTRY AND PARTICIPATION IN THE CONTEST, THAT RELEASED PARTIES ARE NOT RESPONSIBLE OR LIABLE TO ANY ENTRANT, FINALIST, AND WINNER OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, TREBLE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE CONTEST. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) CAUSED TO ANY ENTRANT, FINALIST, OR WINNER RELATED TO THE CONTEST EXCEED TEN DOLLARS ($10.00).
- DISPUTES: BY ENTERING AND PARTICIPATING IN THE CONTEST, EACH ENTRANT, FINALIST, AND WINNER AGREES THAT THIS CONTEST, INCLUDING ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THE OFFICIAL RULES, OR THE RIGHTS AND OBLIGATIONS OF ANY ENTRANT, FINALIST, OR WINNER OR RELEASED PARTIES IN CONNECTION WITH THE CONTEST IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE COMMONWEALTH OF PENNSYLVANIA, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN LEHIGH COUNTY, PENNSYLVANIA. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“AAA RULES“). THE AAA RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN PENNSYLVANIA, AS DETERMINED BY SPONSOR. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN LEHIGH COUNTY, PENNSYLVANIA. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, TREBLE, OR INCIDENTAL DAMAGES OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. EACH ENTRANT, FINALIST, AND WINNER AGREES THAT THE RIGHTS AND OBLIGATIONS OF ANY ENTRANT, RELEASED PARTIES AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION ACCRUED, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED. IF ANY PART OF THIS ARBITRATION PROVISION IS DEEMED TO BE INVALID, UNENFORCEABLE OR ILLEGAL, OR OTHERWISE CONFLICTS WITH THE AAA RULES, THEN THE BALANCE OF THIS ARBITRATION PROVISION SHALL REMAIN IN EFFECT AND SHALL BE CONSTRUED IN ACCORDANCE WITH ITS TERMS AS IF THE INVALID, UNENFORCEABLE, ILLEGAL OR CONFLICTING PROVISION WERE NOT CONTAINED HEREIN.
- LIST OF WINNERS: To receive a list of the Winner after October 31, 2019 by mail send a self-addressed envelope, with applicable U.S. postage affixed to “Give a Smile Contest”, Lehigh Valley Oral Surgery and Implant Center, P.C., 2571 Baglyos Circle, Suite B23, Bethlehem, PA 18020, Attention: Mehreen.
- SPONSOR AND CO-SPONSORS: The sponsor of the Contest is Lehigh Valley Oral Surgery and Implant Center, P.C., 2571 Baglyos Circle, Suite B23, Bethlehem, PA 18020 (“Sponsor”). The co-sponsors of the Contest are those dentists, general dentists, surgeons, and any others performing any portion of the Dental Procedure provided for in connection with the Contest (“Co-Sponsors”).
THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY OR ASSOCIATED WITH FACEBOOK, TWITTER, GOOGLE, LINKEDIN OR ANY OTHER SOCIAL MEDIA PLATFORM. Any questions concerning the Contest should be directed to Sponsor, not Facebook, Twitter, Google, LinkedIn or any other social media platform.
©2019 Lehigh Valley Oral Surgery and Implant Center, P.C. All Rights Reserved.