ORMCO SMILE MAKEOVER CONTEST RULES
PROMOTION OPEN TO LEGAL RESIDENTS OF THE 50 CONTIGUOUS UNITED STATES (INCLUDING DC) WHO ARE AT LEAST AGE 18 ON DATE OF ENTRY. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
The promotion begins Jan. 6, 2014 at 8:00 a.m. ET and ends Jan. 10, 2014 at 11:59 p.m. ET.
1. Entry: To enter the contest (“Promotion”), visit http://momstart.com/and complete the online submission form (“Entry”). Entries become property of Ormco and MomStart and will not be acknowledged. Entrants may receive an invitation to sign up to receive future marketing promotions or other content from Ormco. Any such sign-up is voluntary, not required for promotion entry, and will not affect an entrant’s chances of winning.
· Your Entry: (a) must be suitable for general audiences (i.e., may not be obscene, indecent or offensive in any manner to any viewing audience) and (b) must not depict or in any way violate either the spirit or letter of any law or regulation.
· Your Entry must not depict Sponsor negatively.
In Sponsor’s sole opinion, Sponsor may or may not accept an Entry as eligible which does not meet any of these requirements and/or which Sponsor deems negative, offensive, or controversial.
If Sponsor is notified that any element of an Entry infringes upon the rights of another person, such Entry may be disqualified from the Promotion, as Sponsor may determine in its sole discretion. No entrant will be eligible to receive a prize unless Sponsor determines, in its sole and absolute discretion, that Entry has been or can be sufficiently cleared for legal purposes and such entrant has complied with these Official Rules. By entering the Promotion, you warrant that (a) you are the copyright owner of your Entry; (b) you are giving Sponsor the right to post your Entry on its website and/or social media and other public websites where it maintains accounts and (c) you are assigning all ownership and usage rights, in the Entry to Sponsor and granting the Sponsor a royalty free, irrevocable, perpetual and worldwide license to use and display the Entry and use all rights conveyed in connection with the Entry, as Sponsor deems appropriate without compensation of any kind, acknowledgement of or approvals by entrant. Sponsor reserves the right to request of any entrant proof in the form of a state issued document, the identity of the author of the Entry. Failure to provide requested proof will result in disqualification.
2. Winner Selection: One (1) winner will be selected at random.
3. Eligibility: the promotion is open only to legal residents of the 50 United States (including Washington DC), 18 years of age or older on the date of entry. Employees of Ormco, Ormco’s parent company, health care professionals, affiliates and subsidiaries, and advertising and promotion agencies directly involved in this Promotion, and members of the immediate families or households of any of the foregoing, are not eligible to participate. By entering the promotion, you are bound by and agree to these official rules and the decisions of Ormco, which are final and binding in all respects.
4. Prizes: The grand prize consists of one (1) Damon System smile makeover, consisting of orthodontic consultation, treatment, records (x-rays, imaging), and related treatment and planning, up to a maximum of $8,000. Payment for treatment costs that exceed $8,000 will be winner’s responsibility.
All prize details will be determined by Ormco in its discretion. All expenses and costs associated with the acceptance or use of the prize are the responsibility of the winner. In the event of unavailability of an advertised prize, Ormco may, at its sole discretion substitute a prize of equal or greater value, including a cash award. Winner is solely responsible for all applicable federal, state and local taxes on the prize. An IRS form 1099 will be issued for all prize packages valued at over $600. No substitution, cash redemption or transfer of right to receive prize is permitted, except in the discretion of Ormco. To receive prize, winner must execute an affidavit of eligibility and release of liability within 10 days of notification, if required by Sponsor. Noncompliance or return of any form as undeliverable will result in disqualification and selection of an alternate winner.
4. Validation of winners: winners of promotion will be notified by email using the contact information submitted at the time of entry. Ormco shall have no liability for any potential winner notification that is lost, intercepted or not received by a potential winner for any reason. Winner must respond to prize notification and accept prize within three (3) days after the first notification attempt, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner may be disqualified and an alternate winner selected. Winner must also attend first orthodontic consultation no later than Jan. 24, 2014. If any potential winner is found to be ineligible, or if he or she has not complied with these official rules or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate potential winner selected after the validation process under this section is complied with.
5. Name of winners: the name of the grand prize will be posted online at www.5minutesformom.com for a period of up to two (2) years from the time the winner is announced.
6. Right to Use Your Entry and Information About You: By submitting an Entry in the Promotion, you: (a) agree that upon selection as a winner of any prize, you agree that your Entry shall legally be considered a "work made for hire," with all rights therein, including, without limitation, the exclusive copyright, transferred to and being the property of Sponsor; (b) agree that upon selection as a winner of any prize, in the event your Entry is considered not to be a "work made for hire," you irrevocably assign to Sponsor all right, title, and interest in and to your Entry (including, without limitation, the copyright) in any and all media whether now known or hereafter devised, in perpetuity, anywhere in the world, with the right to make any and all uses thereof, including, without limitation, for purposes of advertising or trade; and (c) agree that by submitting an entry, you grant to Sponsor the right to sell and otherwise distribute your Entry on any of its websites or in any of its advertising and/or products without any compensation. The rights granted under this paragraph shall extend to Sponsor, with respect to all entries and all other submitted materials related to the Promotion, including those submitted by non-winners and winners.
By submitting an Entry, you grant to Sponsor, its affiliated companies the right, except where prohibited by law, to use your name, likeness, picture, address (city and state), voice, biographical information, the Entry, and written or oral statements, for advertising and promotional purposes in promoting or publicizing Sponsor, its products or services, without compensation unless required by law. You shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, or use in composite form of your name, picture, likeness, address (city and state), biographical information, or entry. The rights granted under this paragraph shall extend to Sponsor with respect to all entrants in the Promotion, including non-winners and winners.
By participating, all entrants release Sponsor, its officers, directors, agents, employees and all entities associated with the development and execution of this Promotion, as well as Facebook, from any and all liability with respect to and in any way arising from participating in this Promotion, acceptance or use of prizes. Entrants also agree that Sponsor, its officers, directors, agents, employees and all entities associated with the development and execution of this Promotion are not responsible or liable for any injury or damage to an entrant’s or third person’s computer related to or resulting from the Promotion, the Entries and/or its prizes. Sponsor, its officers, directors, agents, employees and all entities associated with the development and execution of this promotion are not liable for damage to a user’s computer system (including, without limitation, any server failure or lost, delayed or corrupted data or other malfunction) due, either directly or indirectly, to an entrant’s participation in the Promotion or downloading of information in connection with the Promotion. The Sponsor reserves the right to modify or cancel the Promotion in the event that any portion of any website used to administer any aspect of the Promotion becomes technically corrupted.
7. Sponsor: The Sponsors of this Promotion are Ormco Corporation, 1717 West Collins, Orange CA 92867 and MomStart. References to Sponsors in these rules includes Sponsor, its parents, subsidiaries, affiliates, and assignees.