ALEXANDER & MARTIN ORTHODONTICS
SHADES OF SUMMER SMILES CONTEST
FULL LEGAL RULES
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
1. Eligibility: This Contest is open only to current and former patients of Alexander & Martin Orthodontics as of August 11, 2017 who are over the age of 18 and those under 18 with parent or guardian permission. The Contest is void where prohibited by law. Employees of Alexander & Martin Orthodontics and its suppliers (collectively the “Employees”) and immediate family members and/or those living in the same household of Employees are not eligible to participate in the Contest. The Contest is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.
2. Agreement to Rules: By participating, the Contestant (“You”) agree to be fully unconditionally bound by these Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of Alexander & Martin Orthodontics as final and binding as it relates to the content of this Contest.
3. Contest Period: Entries will be accepted starting on June 1, 2017 and ending August 9, 2017. All online entries must be received by August 9, 2017 at 11:59pm, PST.
4. How to Enter: The Contest must be entered by submitting an entry via Instagram, Facebook or email. Entries submitted via Instagram may be made in two ways: (1) by tagging @ambraces via a public Instagram account or (2) by sending a direct message to @ambraces. Entries submitted via Facebook may be made in two ways: (1) by tagging @ambraces on a publicly shared photo or (2) via a direct message to @ambraces. Entries submitted via email must be emailed with a photo attached to firstname.lastname@example.org. Most Like Entries may be posted on individuals own social media sites or may be requested to be posted on Alexander & Martin Orthodontics Facebook Page. Entries will be posted weekly on Friday each week throughout the contest in a Facebook Photo Album. The entry must fulfill all Contest requirements, as specified, to be eligible to win a prize. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Alexander & Martin Orthodontics. You may enter as many times as they like. They must provide the information requested. If You use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion of Alexander & Martin Orthodontics.
5. Prizes: The Winners of the Contest (the “Winner”) will receive the following prizes: for the “Creative Genius” category, the winner will receive a Nintendo Switch (approximate retail value $300); for the “Most Likes” category, winner will receive a $200 Galleria Mall Gift Card (retail value $200); for the “Funniest Around Town” category, winner will receive 2 one-day park hopper Disneyland Tickets (approximate retail value $248). Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by Alexander & Martin Orthodontics. No cash or other prize substitution shall be permitted except at Alexander & Martin Orthodontics discretion. The prize is nontransferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of Winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by Winner is permitted. Acceptance of prize constitutes permission for Alexander & Martin Orthodontics to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
6. Odds: The odds of winning depend on the number of eligible entries received.
7. Winner Selection and Notification: Winner of the Creative Genius and Funniest Around Town Categories will be selected by a vote of the Alexander & Martin Orthodontics staff on August 10, 2017 under the supervision of Alexander & Martin Orthodontics. Winner of the Most Likes Category will be determined by the entry that receives the most likes on Instagram or Facebook. Likes will not be combined by platform. Any disputes or technical issues will be resolved by a staff vote of the top three Most Like candidates. Winner will be notified by phone or email within five (5) days following selection of Winner. Alexander & Martin Orthodontics shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If Winner cannot be contacted, is ineligible, fails to claim the prize within 15 days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate Winner selected. Receipt by Winner of the prize offered in this Contest is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT ALEXANDER & MARTIN ORTHODONTIC’S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CONTEST, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
8. Rights Granted by You: By entering this content (e.g., photo, video, text, etc.), You understand and agree that Alexander & Martin Orthodontics, anyone acting on behalf of Alexander & Martin Orthodontics, and Alexander & Martin Orthodontic’s licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Contest, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes. without any further compensation, notice, review, or consent. By entering this content, You represent and warrant that your entry is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another, You will be disqualified at the sole discretion of Alexander & Martin Orthodontics. If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, You shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless Alexander & Martin Orthodontics from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which Alexander & Martin Orthodontics may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
9. Terms & Conditions: Alexander & Martin Orthodontics reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Contest should virus, bug, non-authorized human intervention, fraud, or other cause beyond Alexander & Martin Orthodontics’s control corrupt or affect the administration, security, fairness, or proper conduct of the Contest. In such case, Alexander & Martin Orthodontics may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Alexander & Martin Orthodontics. Alexander & Martin Orthodontics reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Contest or website or violates these Terms & Conditions.
10. Limitation of Liability: By entering, You agree to release and hold harmless Alexander & Martin Orthodontics and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the Contest and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error in the administration of the Promotion or the processing of entries.
11. THIS Contest IS GOVERNED BY THE LAWS OF THE UNITED STATE OF AMERICA AND THE STATE OF CALIFORNIA, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Contest, participant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Contest, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Placer County, California having jurisdiction. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Contest). Participant further waives all rights to have damages multiplied or increased.
12. To obtain a copy of the Winner’s name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: Alexander & Martin Orthodontics, 6809 Five Star Blvd, Ste 300, Rocklin, CA 95677. Requests must be received no later than December 31, 2017.
13. The Sponsor of the Contest is Alexander & Martin Orthodontics, 6809 Five Star Blvd, Ste 300, Rocklin, CA 95677.
14. The Contest is hosted by Alexander & Martin Orthodontics is in no way sponsored, endorsed, administered by, or associated with Facebook or Instagram.