Mouth Madness 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 Mouth Madness Sweepstakes (“Sweepstakes”) will be held from March 13, 2023 at 12:00 p.m. CT to March 16, 2023 at 11:59 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 the 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 continental United States (excluding Hawaii, Alaska and District of Columbia), 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.
HOW TO ENTER: ENTRY DETAILS/HOW TO ENTER: Follow @smiledoctorsofficial and [local practice username] on Instagram and Facebook. Fill out a “Mouth Madness Bracket” using Instagram #LinkInBio or Facebook link; post a picture of your bracket prediction using #MouthMadness on Instagram or Facebook. Link to bracket: http://ow.ly/4soo50MXkiU.
CONDITIONS OF ENTRY: Entries may only be submitted by a single registered Social Media account user; group or commercial submissions are not permissible. Multiple entrants are not permitted to share the same device, Social Media account, IP or email address. By entering, you agree to be contacted by Sponsor (and its authorized representatives) with communications and reminders relating to the Promotion. 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 Promotion 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 Promotion, subject a winner to disqualification, prize forfeiture and/or immediate prize return (from a previously confirmed winner, if applicable) and/or require further information as is reasonable to protect itself or any one of the Promotion Entities 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. 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 uploaded an Entry does not constitute proof or evidence that it was received within the Promotion Period or eligible for a Promotion. Entries submitted via any other Entry method, platform, portal, app than stated will not be accepted.
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, e-mail and/or street 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-mail, 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, the authorized account holder of the email address used in connection with the Social Media Account will be deemed to be the Entrant. Potential winners may be required to show proof of being the authorized account holder, or otherwise eligible. The “authorized account holder” is the natural person assigned to an email address by an Internet service provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address.
Promotion Entities assume no responsibility for: lost, late, delayed, incomplete, inaccurate, stolen, misdirected (including into spam/junk folders), ineligible or illegible Entries or other Promotion 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 and the Entry and all elements thereof must comply with the requirements and all other terms in these Official Rules or 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 the Sponsor community, or if Sponsor considers for any reason an Entry, or any element thereof, not to be in the spirit of the Promotion, or will have a detrimental impact on Sponsor, this Promotion, 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 Promotion.
YOUR USE OF A MOBILE DEVICE: If an Entrant is participating in the Promotion 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: Winner will be determined based on choosing the winning championship team and the most correct predictions throughout the tournament.
The following Prize will be awarded:
- One winner will choose one (1) prize from the following: (i) Custom pair of Nike® brand Shoes, (ii) one (1) Favorite Team Basketball Jersey, or (iii) one (1) $150.00 Visa® Gift Card (Prize up to $150.00 total).
- If there is an exact tie between eligible participants, then each participant shall choose one (1) prize from the following list: (i) one (1) Custom pair of Nike® brand Shoes (ii) one (1) Favorite Team Basketball jersey or (iii) one (1) $150 Visa® Gift Card (Prize up to $150.00 total).
Winner will be notified on April 4, 2023, and a post and story with the will be made on April 5, 2023. Winner will be required to accept the prize and execute and return a notarized Affidavit of Eligibility/Release of Liability, an IRS W-9 form within two (2) weeks of notification, 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 the Prize 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, the Prize may be awarded to an alternate winner at Sponsor’s sole discretion. Prize is not transferable or assignable. An unclaimed and/or unused Prize package will remain the property of Sponsor. ALL PRIZES ARE AWARDED “AS IS” AND WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
No substitution for the Prize by the Winner will be allowed. All Federal, State and local tax liabilities, if any, are the responsibility of the Winner. Acceptance of the Prize constitutes permission (except where prohibited) for Sponsor and/or its affiliates to use of Winner’s name, statements, photographs, video images and biographies for publicity purposes without any limitation or additional compensation. 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 Winner’s behavior causes damage to the reputation of Sponsor or any prize provider or otherwise violates the policies of the prize providers.
The odds of winning the Prize depend on and will be determined by the total number of eligible entries received.
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 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.
Releases shall not be liable to Winner or any other person for failure to supply the 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 Releases’’ sole control.
DISPUTE RESOLUTION: The parties each agree to finally settle all disputes only through arbitration; provided, however, the 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 fourteen (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: By participating in the Sweepstakes, entrants agree to release, discharge and hold harmless the Releases from and against any and all claims they may have against Releases 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 element thereof, or participation in any Sweepstakes-related activity, or participation in this Sweepstakes. Each entrant further agrees to indemnify and hold harmless the Releases 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 Releases and hereby acknowledge that Releases 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.”
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 the Sponsor’s sole opinion, corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, the 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, the 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 (INCLUDING THE EMAIL 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, THE 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 the Winner and/or his/her travel guest engage 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 terminate the trip or other applicable experience early. If a dispute arises about who submitted an entry to the Email Address, the entry will be deemed submitted by the authorized account holder of the e-mail account entered. The authorized account holder is deemed the natural person who is assigned to an e-mail address by an Internet access provider, service provider, or other online organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. A potential winner may be requested to provide Sponsor with proof that the potential winner is the authorized account holder of the e-mail address associated with the winning entry and that all eligibility requirements are met.
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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