SWEEPSTAKES OFFICIAL RULES
NO PURCHASE IS NECESSARY TO ENTER OR WIN.
A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ELIGIBLE
ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW.
AFFIDAVIT OF ELIGIBILITY/RELEASE OF LIABILITY/PRIZE ACCEPTANCE AGREEMENT MAY BE REQUIRED.
BY ENTERING THE SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE PROMOTION PARTIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
PROMOTIONAL PERIOD: The Smile Doctors Smile Express® December Giveaway Sweepstakes (“Sweepstakes”) will be held from December 1, 2023 at 8:00 a.m. CT to December 15, 2023 at 11:59 p.m. CT (“Entry Period”).
The sponsor of this Sweepstakes is Smile Doctors LLC (“Sponsor”). The Sweepstakes shall be subject to these Official Rules, and by entering, all participants agree to be bound by the terms and conditions herein and the decisions of Sponsor, including the interpretation of these Official Rules and its exercise and discretion, which will be final and binding in all respects.
ELIGIBILITY: THE SWEEPSTAKES IS OPEN TO legal residents of the United States (excluding its territories and possessions), who are 18 years old or older at the time of entry (“Eligible Persons”). Officers, directors, employees, independent contractors, representatives and agents and each of their respective immediate families (spouse, child, siblings, parents, grandparents) of Sponsor, and each of its respective affiliates, subsidiaries, parent companies, licensors, divisions, distributors, licensees, promotional partners and advertising agencies (collectively, the “Promotion Parties”), and those living in the household of same (whether related or not) are not eligible to enter this Sweepstakes or win any prize. All U.S. Federal, state and local rules and regulations apply. Void outside the United States and where prohibited or restricted by law. By entering this Sweepstakes, entrants agree to abide by all terms of these Official Rules.
ENTRY DETAILS/HOW TO ENTER: During the Entry Period, any Eligible Person may enter to win by (i) following @MySmileExpress on Instagram (the “Platform”); (ii) tagging one friend in the comment section of the Sweepstakes post (the “Post”) made by @MySmileExpress on the Platform; and (iii) commenting on the Post, specifying a prize preference (collectively, the “Entry Requirements”). For the avoidance of doubt, all prizes will be awarded to the selected winners randomly, and if you are chosen to win, you may receive a prize of a different type than that specified in your Post comment.
CONDITIONS OF ENTRY: An entry must fulfill all Sweepstakes requirements, as specified, to be eligible to win a prize. An entry may only be submitted by a single registered social media account user. Only one entry accepted per person; group or commercial submissions are not permissible. By entering, you agree to be contacted by Sponsor (and its authorized representatives) with communications and reminders relating to the Sweepstakes. Sponsor has the right to verify entries and/or entrants’ eligibility and compliance with these Official Rules, and on the basis of the investigation, to disqualify any entrant at any time during or after the Entry Period. Without limiting the foregoing, Sponsor shall have the right at any time, where necessary, to undertake all action including, but not limited to, voiding/cancelling the Sweepstakes, subjecting a winner to disqualification, prize forfeiture and/or immediate prize return (from a previously confirmed winner, if applicable) and/or requiring further information as is reasonable to protect itself or any one of the Promotion Parties against fraudulent or invalid claims, potential public scandal, ridicule, or disrepute in awarding a prize to any entrant or winner. Incomplete, invalid, illegal, unsuitable, or otherwise non-compliant entries (as determined in Sponsor’s sole and absolute discretion) will not be eligible to win. If, upon review, Sponsor (or its authorized representative) is unable to determine that an entrant/entry is compliant, or reasonably suspects that he/she/it is not compliant in whole or in part, the entry as a whole (and entrant) may be disqualified. Entries failing to meet all Entry Requirements will not be eligible to win.
Entrants may not enter through an on-line sweepstakes club (paid or unpaid, or similar method), bots, robotic, repetitive, automatic, programmed or similar entry methods or agents, with multiple or false identities, accounts, devices and/or e-mail addresses, nor shall entrants use any other device or artifice to enter or participate. Any entrant who is suspected of cheating, using fraudulent means, unauthorized entry methods, attempting to participate multiple times, with multiple e-mails, accounts, and/or addresses under multiple or false identities, or engaging in or benefitting, directly or indirectly, from such artifice or artifice of any other kind, as determined in Sponsor’s sole and absolute discretion, will void all such entries, and disqualify any entrant suspected of using/benefitting from such methods. In the event of a dispute as to the identity of an entrant, the authorized account holder of the Platform account used in connection with such entry will be deemed to be the entrant. Potential winners may be required to show proof of being the authorized account holder or eligibility. The “authorized account holder” is the natural person assigned to a Platform account by the Platform, which is responsible for assigning Platform accounts associated with the submitted e-mail address and other personal information required to create an account.
Promotion Parties assume no responsibility for: lost, late, delayed, incomplete, inaccurate, stolen, misdirected (including into spam/junk folders), ineligible or illegible entries or other Sweepstakes related communications (in whole or in part); website, social media platform, computer/server, telephone, network, electronic, digital, wireless or internet, hardware or software malfunctions, failures, connection problems, or unavailability; garbled, corrupt, or jumbled transmissions; browser incompatibility; service provider, internet, website, user, net inaccessibility or unavailability; congestion; technical errors; unauthorized human intervention; human errors; or the delayed, incorrect or inaccurate capture of entry or other information, or failure to capture any such information. Entrants, entries and all elements thereof must comply with the requirements and all other terms in these Official Rules or such entrants and entries will be disqualified.
By entering, entrants understand and agree that submitted eligible entries may be subject to public viewing, streaming (i.e., “digital transmission”), downloading (i.e., “digital distribution”), and public comments, including but not limited to being forwarded, re-grammed, re-tweeted, and otherwise re-posted, for commercial and non-commercial purposes, throughout Sponsor’s and (unrelated) third parties’ digital and off-line social media, marketing and advertising properties. A delay may occur between uploading an entry and availability into the public gallery, if any. If an entry in whole or in part, for any reason whatsoever, garners comments that are unpleasant, distasteful, nasty or otherwise inappropriate for Sponsor’s community, or if Sponsor considers for any reason an entry, or any element thereof, not to be in the spirit of the Sweepstakes, or will have a detrimental impact on Sponsor, this Sweepstakes, any of Sponsor’s brands, products or services, or the entry does not initially appear compliant with the respective social media platform guidelines, then Sponsor reserves the right to disqualify such entry/entrant and remove any/all such entry/entries immediately from the gallery (if any) and this Sweepstakes.
YOUR USE OF A MOBILE DEVICE: If an entrant is participating in the Sweepstakes via a mobile device, message and data rates may apply. Entrant should consult his/her wireless service provider regarding its pricing plans. Participation may not be available on all mobile devices, as not all mobile devices or cellular telephone providers have the capabilities or carry the service necessary to participate in the stated methods of entry. Consent is not a condition of purchase.
WINNER SELECTION: After the end of the Entry Period, winners will be randomly selected from the pool of eligible entrants by Sponsor.
The following prizes will be awarded:
The total value of all Prizes is up to $1,000. Any given prize will be in one of the following forms, in Sponsor’s sole discretion: gift card(s); gift certificate(s); or other forms of gift credit issued by any designated airline or hotel, as applicable. In the event any airline or hotel, as applicable, designated by any winner does not offer gift cards or equivalent gift credit, such winner will be required to select an alternative airline or hotel, as applicable, in connection with such winner’s Prize. Sponsor reserves the right, in its sole discretion, to designate any airline or hotel, as applicable, for which gift cards or gift credit will be offered in connection with awarding any Prize.
The odds of winning a Prize depend on and will be determined by the total number of eligible entries received during the Entry Period, as represented by the total number of eligible entries submitted during the Entry Period which comply with these Official Rules at the time the Entry Period ends and complying with the Entry Requirements.
Winners will be notified by Sponsor by Platform direct message on or around December 16, 2023, with additional instructions to claim their respective Prize. Winners must respond to such direct message to confirm receipt and claim their Prize no later than 11:59 p.m. CT on December 17, 2023. Prizes will be distributed to confirmed winners via valid e-mail on or around the date on which the respective winners are confirmed and announced by Sponsor. Each winner will be required to provide additional contact information to Sponsor in order to be confirmed as a winner and receive a Prize. A Platform story post with the winner list will be made once winners are confirmed. Each winner will be required to accept their respective Prize and may be required to execute and return a notarized Affidavit of Eligibility/Release of Liability, an IRS W-9 form, each within two weeks of the winner notification date, and where permitted by law, a Publicity Release (“Affidavit”). Failure to respond to the winner notification as detailed above or return all required forms within the stated time period, or to comply with any other provision herein, may result in such winner being disqualified and an alternate winner may be selected at Sponsor’s sole discretion. If a Prize notification or Prize is returned as undeliverable for any reason, such Prize may be awarded to an alternate winner at Sponsor’s sole discretion. Sponsor shall have no liability for any selected winner’s failure to receive notices due to such selected winner’s spam, junk e-mail, other security settings or Platform settings or for such selected winner’s provision of incorrect or otherwise non-functioning contact information. All Prizes are not transferable or assignable. If a Prize remains unclaimed, such Prize may be deemed forfeited entirely at Sponsor’s sole and absolute discretion. ALL PRIZES ARE AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND THE RELEASEES (AS DEFINED BELOW) DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, RELATING TO THE SWEEPSTAKES OR PRIZES.
No substitution for any Prize by any winner will be permitted. All Federal, State and local tax liabilities, if any, are the sole responsibility of each winner. Any person winning over $600 in prizes during any one-year period will receive an IRS Form 1099 at the end of the calendar year, and a copy of such form will be filed with the IRS. Acceptance of a Prize constitutes permission (except where prohibited) for Sponsor and/or its affiliates to use such winner’s name, statements, photographs, video images and biographies for publicity purposes without any limitation or additional compensation. Sponsor is not obligated to use any of the above-mentioned information or materials. No changes will be made to Prize details once any portion of Prize arrangements has been made.
By entering this Sweepstakes and accepting any Prize, each winner agrees to maintain his/her behavior in accordance with all applicable laws and generally accepted social practices in connection with participation in any Sweepstakes or prize-related activity. Each winner understands and agrees that Sponsor or any prize provider has the right, in its sole discretion, to disqualify a winner if such winner’s behavior causes damage to the reputation of Sponsor or any prize provider or otherwise violates the policies of the prize providers.
GOVERNING LAW/LIMITATIONS ON LIABILITY: The Sweepstakes shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any conflict of law rules or provisions that would cause the application of any other state’s laws.
The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, the Platform or any Platform affiliated company. By participating in the Sweepstakes, entrants agree to release, discharge and hold harmless Sponsor, the Platform and their parents, subsidiaries, divisions, branches, affiliates, assigns and agencies, including, without limitation, their respective officers, directors, shareholders, representatives, managers, members, owners, attorneys, predecessors, successors, assigns, employees and agents (collectively, the “Releasees”) from and against any and all claims they may have against Releasees for any and all injuries, claims, damages, losses, costs, or liability of any kind due to any injuries, damages or losses to any person (including death) or property of any kind, or expenses of any kind (including without limitation attorneys’ fees) resulting in whole or in part, directly or indirectly from acceptance, possession, use, or misuse of any Prize or any element thereof, or participation in any Sweepstakes-related activity, or participation in this Sweepstakes. Each entrant further agrees to indemnify and hold harmless the Releasees from and against any and all liability resulting or arising from the Sweepstakes and to release all rights to bring any claim, action or proceeding against Releasees and hereby acknowledge that Releasees have neither made nor are in any manner responsible or liable for any warranties provided exclusively by a supplier that may be sent along with any Prize. Entrants further understand and agree that all rights under State law that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrants acknowledge that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED FIFTY DOLLARS ($50.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED FIFTY DOLLARS ($50.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
Releasees shall not be liable to any winner or any other person for failure to supply any Prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, tsunami, war, fire, flood, explosion, volcanic eruption, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond Releasees’ sole control.
DISPUTE RESOLUTION: The parties each agree to finally settle all disputes only through arbitration; provided, however, Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in Texas and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within 14 days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Chicago, IL, New York City, NY, Los Angeles, CA, Atlanta, GA or Dallas, TX (whichever is closest to entrant’s residence); provided, however, if none of these locations are convenient for the hearing, the parties may mutually agree on an alternative location. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Texas. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
GENERAL: If for any reason this Sweepstakes is not capable of running as planned, or if this Sweepstakes or any web site or e-mail address associated therewith (or any portion thereof) or the Platform becomes corrupted or does not allow the proper execution of the Sweepstakes and processing of entries in accordance with these rules, or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes, in Sponsor’s sole opinion, corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, Sponsor reserves the right, at its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, modify, or suspend this Sweepstakes or any portion thereof. In the event this Sweepstakes is cancelled, Sponsor will conduct a random drawing to award any Prizes from among all eligible, non-suspect Entries received prior to the time of the action or event warranting such cancellation. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR E-MAIL ADDRESS OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Further, in the event any winner engages in behavior that (as determined by Sponsor or any prize provider in its or their sole and absolute discretion) is obnoxious, inappropriate, or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to disqualify such selected winner. If a dispute arises about who submitted an entry via the Platform, the entry will be deemed submitted by the authorized account holder of the Platform account included in the entry. A potential winner may be requested to provide Sponsor with proof that such potential winner is the authorized account holder of the Platform account associated with the winning entry and that all eligibility requirements are met. Sponsor reserves the right, at its sole discretion, to supplement or make changes to these Official Rules at any time without notice.
WINNER LIST/OFFICIAL RULES REQUEST: For a list of winners, send a self-addressed stamped envelope to Content Marketing 5400 LBJ Freeway, Suite 800 Dallas, TX 75240.
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