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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 Express® September Giveaway (“Sweepstakes”) will be held from September 1, 2023 at 9:00 a.m. CT to September 10, 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 Contiguous United States (excluding its territories and possessions, Alaska and Hawaii), who are 18 years old or older at the time of entry.  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 (1) following @mysmileexpress on Instagram, and (2) tagging a friend in the comments section of the Sweepstakes post (each, an “Entry”).

CONDITIONS OF ENTRY: An Entry must fulfill all Sweepstakes requirements, as specified, to be eligible to win a prize. Entries may only be submitted by a single registered social media account user; group or commercial submissions are not permissible.  Only one Entry per person.  Multiple entrants are not permitted to share the same device, social media account, IP or e-mail address.  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.  Proof that you submitted an Entry does not constitute proof or evidence that it was received within the Entry Period or that your Entry is eligible to win.  Entries submitted via any other Entry method, platform, portal, app than stated 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 online entrant or any winner, the authorized account holder of the e-mail address used in connection with the social media account used for Entry will be deemed to be the entrant or winner.  Any potential winner may be required to show proof of being the authorized account holder or eligibility.  The “authorized account holder” is the natural person assigned to an e-mail address by an internet service provider, online service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.

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 or 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.

YOUR USE OF SOCIAL MEDIA:  While you may tag, forward or share with family, friends and direct known contacts, please do not engage in phishing or spamming.  Apparent or suspected phishing or spamming, sending of junk communications or the use of any unauthorized method or automated system to participate, or to acquire (unauthentic) Entries, likes or follows, etc. is prohibited, as is posting content to irrelevant or inappropriate sites to obtain entry, and, if discovered at any time will void the applicable Entry and disqualify the entrant suspected of using/benefitting from such methods in Sponsor’s sole and absolute discretion.  If you don’t have a social media account, you can become a member without charge by simply following the social media platform instructions and accepting the terms and conditions of use.  Entrants’ use of the respective social media platform used to enter and/or facilitate Entry must comply with and be in accordance with its respective terms of use, terms of service, guidelines and policies (available on their respective platforms).  Sponsor assumes no responsibility for any entrant’s disregard or failure to comply.  This Sweepstakes is in no way sponsored, endorsed or administered by any social media platform, including, without limitation, Instagram or its affiliates.

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.

ENTRY INFORMATION: As a condition of entering the Sweepstakes, any selected winner gives consent for Sponsor to obtain and deliver his/her name, address and other information to third parties for the purpose of administering this Sweepstakes and complying with applicable laws, regulations and rules.  Any information entrants provide to Sponsor may be used to communicate with entrant in relation to these Sweepstakes or on a Sweepstakes winner’s list.  Any Entry information collected from the Sweepstakes shall be used only in a manner consistent with (i) the consent given by entrants at the time of the Entry, (ii) these Official Rules, (iii) Terms and Conditions which can be accessed at https://smiledoctors.com/social-contest-terms-conditions/ and (iv) the Online Privacy Policy can be accessed at https://smiledoctors.com/privacy-policy/.

WINNER SELECTION: After the end of the Entry Period, the winner will be randomly chosen from the pool of eligible entrants by Sponsor.

The winner will win two Beyonce concert tickets for the NRG Stadium concert in Houston, Texas on Sunday, September 24, 2023 at 8:00 p.m. CT (the “Prize”). The approximate retail value of the Prize is $1,750. The Prize does not include travel to or lodgings in Houston, Texas. The winner will be responsible for all travel and lodging expenses.

The odds of winning the 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.

The winner will be notified on September 11, 2023, via Instagram direct message, and the winner must respond to such direct message to confirm receipt and claim the Prize no later than 11:59 p.m. CT on September 13, 2023.  Once the winner responds via Instagram direct message, the winner will be required to provide their e-mail address, home address and telephone number to Sponsor in order to be confirmed as the winner. An Instagram story post announcing the winner will be made within 24 hours of winner confirmation.  The Prize will be distributed to the confirmed winner electronically via Ticketmaster and e-mail address on or around the date on which the winner is confirmed. Failure to respond to the winner notification as detailed above or return any forms required by Sponsor [(including, without limitation, a notarized Affidavit of Eligibility/Release of Liability, and where permitted by law, a Publicity Release (collectively, the “Affidavit”))] within the time period stated in Instagram direct message communications from Sponsor, 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 the Prize notification or the Prize is returned as undeliverable for any reason, the 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 or other security settings, on Instagram or otherwise, or for such selected winner’s provision of incorrect or otherwise non-functioning contact information.  The Prize is not transferable or assignable.  If the Prize remains unclaimed, the 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 ANY PRIZE.

No substitution for the Prize by the winner will be allowed.  All Federal, State and local tax liabilities, if any, are the sole responsibility of the 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 the Prize constitutes permission (except where prohibited) for Sponsor and/or its affiliates to use the 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 the Prize, the 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.  The winner understands and agrees that Sponsor or any prize provider has the right, in its sole discretion, to disqualify the winner if the 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.

By participating in the Sweepstakes, entrants agree to release, discharge and hold harmless Sponsor, Instagram 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 the 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 the 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 selected 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) 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 the Prize 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 selected 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.

WINNER LIST/OFFICIAL RULES REQUEST:  For a list of winner(s), send a self-addressed stamped envelope to Content Marketing 5400 LBJ Freeway, Suite 800 Dallas, TX 75240.

MISCELLANEOUS:  The invalidity or unenforceability of any provision of these Official Rules or the Affidavit, as applicable, will not affect the validity or enforceability of any other provision.  In the event that any provision of the Official Rules or the Affidavit, as applicable, is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.  Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision.  When terms such as “may” are used in these Official Rules, Sponsor has sole and absolute discretion.  Entrants agree to waive any rights to claim ambiguity of these Official Rules.  Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof.  In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials, privacy policy or terms of use on the website and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.

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