Gifiting Smiles Contest Terms and Conditions
THIS CONTEST (THE “CONTEST”) TO WIN FREE SPARK CLEAR ALIGNER TREATMENT (THE “TREATMENT”) IS A PAID PROMOTION OF ORMCO CORPORATION (THE “SPONSOR”) IN COOPERATION WITH MARK TUAN (“INFLUENCER”). BY SUBMITTING TO THE CONTEST, YOU (“ENTRANT” OR “YOU”) AGREE TO THE FOLLOWING TERMS AND CONDITIONS (THE “TERMS”) AND ALL OTHER CONTEST RULES AND REQUIREMENTS PROVIDED BY SPONSOR (THE “CONTEST RULES")
CONTEST WINNER(S) (“WINNER(S)”) AND TREATMENT WILL BE CHOSEN IN SPONSOR’S SOLE DISCRETION, BASED ON THE ENTRANT’S QUALIFICATION FOR MEDICAL TREATMENT WITH AN APPROVED PROVIDER. NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID OUTSIDE THE UNITED STATES AND WHERE PROHIBITED BY LAW.
- Eligibility. Entrant must be a legal resident of the United States and age eighteen (18) or older. Affiliates of Sponsor or Influencer, or either of their respective affiliates, advertising and promotion agencies or their family/household members are not eligible to enter. Dental healthcare providers, including dentists, hygienists, orthodontics, endodontists, periodontists, prosthodontists and oral surgeons, are not eligible to enter. All federal, state, and/or local rules and regulations apply.
- How to Enter. For requirements of entry, see the full Contest Rules. Limit one entry per person. No automated entry devices and/or programs permitted. Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, or technically corrupted entries, which will be disqualified, or for any failure to receive entries due to transmission errors or technical failures of any kind, including but not limited to malfunction of any network, hardware, or software, whether originating with Entrant or Sponsor. Proof of submission will not be deemed to be proof of receipt by Sponsor.
- How to Win. Winners will be chosen based on the quality of the application submitted in accordance with the Contest Rules. Winners will be selected by Influencer and Sponsor, in consultation with medical professionals, based on the Contest Rules and Entrant’s qualification for orthodontic aligner treatment. The decision on Winners shall be in the sole discretion of Influencer and Sponsor. Each Entrant selected as a potential Winner must comply with these Terms and the Contest Rules.
- Notification to Winner. This Contest will end 30 days from June 15th, 2022, or sooner as may be determined in Sponsor’s sole discretion. Winners will be selected 15 days after the Contest ends, and notified via e-mail promptly thereafter. If the Winner cannot be contacted within five (5) calendar days of first notification attempt, if notification is returned as undeliverable, if Winner fails to respond to Sponsor within five (5) days of notification, if Winner rejects the Treatment, if Sponsor’s dental professional deems Winner unfit or unable to receive orthodontic care and equipment (for any reason whatsoever), if any information submitted by Winner is determined to be false or in the event of noncompliance with these Terms or the Contest Rules or failure to cooperate or execute the required documentation by Sponsor, the Treatment will be forfeited. If Treatment is forfeited, no compensation will be given.
- Treatment. The Treatment will consist of free Spark Clear Aligner treatment provided by a certified Spark Clear Aligner orthodontist in or near entrant’s zip code (“Certified Provider”). Sponsor will provide a list of Certified Providers from which to select to perform the Treatment. Winner must be examined by a Certified Provider and deemed a medically appropriate candidate for the Treatment. No surgical cases will qualify. Comprehensive treatment includes: all records, exams, and multiple sets of Spark Clear Aligners and follow-up visits. It does not include replacement sets or trays of aligners, replacement of aligner cases/pouches, fees for missed appointments or fees for broken appliances, or any other treatment or service or product other than the Spark Clear Aligner treatment. Total approximate retail value of the Treatment: $3500.00 - $8000.00. Any costs to address other oral health issues including gum therapy, extractions, restorative work, and/or jaw surgery are the sole responsibility of the Winner. Sponsor makes no warranties with regard to the Treatment. Treatment is not transferable. No substitution of Treatment is allowed by Winner, but Sponsor reserves the right to substitute a prize of equal or greater value. Treatment is not redeemable by Winner for cash value. All taxes, fees and surcharges on Treatment are the sole responsibility of Winner.
- License and Release: Winner will be required to sign a release of liability, W-9 tax form, a photo/video release, and licensing and publicity agreement upon winning, as a condition to participation in the Treatment. Participation in the Contest and acceptance of the Treatment constitutes Winner’s permission for Sponsor or its agents to photograph, film, and record each Winner and to use such Winner’s name, address (city and state), likeness, photograph, voice, biographical information, and/or any statements made by each Winner regarding the Contest, Treatment or Sponsor for purposes of trade, publicity, or promotion without notice or additional compensation, except where prohibited by law. By posting or publishing Contest entries containing any text, videos, graphics, photographs, trademarks, logos, sounds, or any other audio or visual material whatsoever (“Materials”), you represent and warrant to Sponsor that you have all necessary rights to distribute such Materials contained therein. You hereby grant to Sponsor and our authorized personnel a worldwide, royalty-free, fully-paid, exclusive, transferable, sub-licensable (as necessary in connection with the Contest or Treatment) license to copy, publicly perform, publicly display, publish, distribute, create derivative works of, and use Materials as we deem appropriate. You acknowledge and agree that Sponsor will own all right, title, and interest in and to any Materials, content, or other works of authorship created by Sponsor or on its behalf and used in connection with the Contest or Treatment.
- Release of Liability. By participating, each of Entrants and Winner(s) agree to release and hold harmless Sponsor and Influencer, and their respective parent companies, subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors, from any and all liability for loss, harm, claims, damage, injury, cost or expense whatsoever, including without limitation property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in the Treatment, or the Treatment or conduct by third parties in the performance of the Treatment, or participation in any Contest‐related activity, including any claims based on Sponsor’s method of selecting Winner(s) or Sponsor’s exercise of discretion in connection with the Contest, and for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery. Sponsor is not responsible if the Contest cannot take place for any reason or if any prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather, or acts of terrorism. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SPONSOR BE LIABLE TO ENTRANT OR WINNER FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ATTORNEYS’ FEES OR LOST PROFITS FOR ANY CLAIM OR DEMAND OF ANY NATURE OR KIND, ARISING OUT OF OR IN CONNECTION WITH THE CONTEST, THIS AGREEMENT OR THE PERFORMANCE OR FAILURE TO PERFORM OR BREACH THEREOF REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON TORT, WARRANTY, CONTRACT, ANY THEORY OF STRICT LIABILITY OR REGULATORY ACTION, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN ANY OTHER PROVISION OF THIS AGREEMENT, SPONSOR AND ITS AFFILIATES, DIRECTORS, OFFICERS, MEMBERS, PARTNERS, AGENTS OR EMPLOYEES WILL NOT HAVE ANY PERSONAL LIABILITY UNDER THIS AGREEMENT FOR ANY OBLIGATION AT ANY TIME, IT BEING UNDERSTOOD THAT ENTRANT AND WINNER WILL LOOK SOLELY TO SPONSOR’S ASSETS FOR THE SATISFACTION OF ANY CLAIM ENTRANT OR WINNER HAS AGAINST SPONSOR AND ITS AFFILIATES, DIRECTORS, OFFICERS, PARTNERS, TRUSTEES, AGENTS OR EMPLOYEES. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SPONSOR’S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES OR PRODUCTS PROVIDED HEREUNDER, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE VALUE OF THE TREATMENT.
- Miscellaneous. All entries become the sole property of Sponsor and none will be acknowledged or returned under any circumstances. Sponsor reserves the right at its sole discretion for any reason (or no reason at all) to cancel, terminate, modify, or suspend the Contest in whole or part. If for any reason the Contest is not capable of proceeding as planned, including due to computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure, human error, or any other causes that affect the security or proper conduct of the Contest, Sponsor reserves the right in its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Contest. Sponsor may prohibit an Entrant from participating in the Contest or Treatment if, in its sole discretion, it determines that the Entrant is attempting or likely to undermine the legitimate operation of the Contest, including by cheating, hacking, deception, use of automated quick entry programs or other unfair playing practices, or intends or is likely to annoy, abuse, threaten, or harass any other Entrants or Sponsor or Influencer representatives.
- Disputes and Governing Law. ANY CLAIM, DISPUTE OR CONTROVERSY OF WHATEVER NATURE ARISING OUT OF OR RELATING TO THE CONTEST, THE TREATMENT, OR THESE TERMS OR THE CONTEST RULES SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION IN ACCORDANCE WITH THIS SECTION 10. Arbitration shall be conducted by and submitted to a single arbitrator (“Arbitrator”) selected from and administered by the New York, New York office of the American Arbitration Association (“AAA”), in accordance with its then-existing rules. Each party shall bear its own attorneys’ fees, cost and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the Arbitrator and AAA; however, the Arbitrator may award to the prevailing party reimbursement of its reasonable attorneys’ fees and costs (including, for example, expert witness fees and travel expenses), and/or the fees and costs of the Arbitrator. This Contest is governed by the laws of the state of New York. THE PARTIES EXPRESSLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL.