OFFICIAL TERMS & CONDITIONS
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF BEING SELECTED.
OPEN ONLY TO ELIGIBLE LEGAL RESIDENTS OF THE UNITED STATES OF AMERICA WHO RESIDE IN OR NEAR FRESNO OR MADERA COUNTIES, CALIFORNIA WHO ARE AT LEAST 18 YEARS OLD AS OF DATE OF APPLYING. THIS PROGRAM IS VOID WHERE PROHIBITED.
READ THESE OFFICIAL TERMS & CONDITIONS CAREFULLY AS YOU WILL BE BOUND BY THEM.
- ELIGIBILITY: the “Second Chance Program” (“Program”) is open only to legal residents of the United States of America, who reside in or near Fresno or Madera Counties, California, and who are at least eighteen (18) years old as of the date of application. The program is void where prohibited. Officers, directors and employees (and members of their household or immediate family, i.e., spouse, parent, child, sibling, grandparent, the “steps” of each and members of each of their households) of Fresno Oral Maxillofacial Surgery & Dental Implant Center, Fresno Smile Makeovers, and Aesthetic Oral Arts (“Sponsors”), Sponsors and each of their respective parent companies, affiliates, subsidiaries, promotion, marketing, advertising, digital and web design agencies (collectively, “Program Entities”) and other individuals or entities associated with the creation, administration, implementation and execution of this Program are ineligible to apply. In order to maintain eligibility throughout the Program, an Applicant must abide by these Official Terms & Conditions and maintain appropriate decorum befitting the reputation and values of Sponsors and must not otherwise engage in any conduct which would embarrass Sponsors or bring Sponsors into public disrepute or ridicule, or which would insult or offend the public or any segment thereof.
- HOW TO APPLY: Between 10/2/17 at 12:00 A.M., PDT and 11/2/17 at 11:59:59 P.M., PDT (“Submission Period”), an Applicant must follow the instructions to complete the required registration information, including his/her name, year of birth, valid email address, telephone, and city and state of residence. Additionally, at such time, an Applicant must then follow the instructions to submit the required responses (“Responses”) as further described in Section 3 below (collectively, the “Submission”). If desired, applications can be submitted by visiting the Sponsors’ location, filling out a paper form, and returning it to Sponsors in person or by mail to 7025 N. Maple Ave #108, Fresno, CA 93720. All Submissions must be received by 11/2/17 at 11:59:59 P.M., PDT.
Limit: Only one (1) Submission per Applicant during the Program regardless of the email address used. Submissions received from any person, email address or household in excess of the stated limit will be void. Applicants may only use one (1) email address to apply for the Program.
NOTE: Once a Submission has been submitted, it may not be deleted, edited or modified. All Submissions become the property of the Sponsors and will not be returned.
- SUBMISSION REQUIREMENTS: In order to be eligible to participate in the Program, an Applicant must submit a Submission consisting of three (3) Responses and all of which are to comply with the requirements stated below:
An Applicant must provide a Response in answer to each of the three (3) questions below.
The Applicant must:
- Tell us about your dental history including who your dentist is (if you have one), the date of your last dental visit, and how you heard about the Second Chance Program;
- Tell us why restoring your smile is important to you; and
- Tell us why you think you are a good candidate for our Second Chance Program and should be selected to receive the appropriate dental treatment, i.e. a single full-arch (either upper or lower) or a double full-arch (top and bottom) dental restoration (“Dental Procedure”).
(B) Additional Applicable Submission Requirements:
The Submission, in its entirety:
- Must be the Applicant’s original creation (an original creation is the product of one’s own mind, is not a copy or imitation, and is not the result of trade secret misappropriation);
- Must be entirely in English;
- Must not include hyperlinks to content on other sites or media;
- Must not have been previously submitted in any Program or promotion or published in any media;
- Must not contain content that is unlawful, in violation of, or contrary to federal, state, or local laws;
- Should not contain material that, either explicitly or implicitly, mentions, depicts, shows, refers, or otherwise alludes to the name or logo, trademark, or service mark of any third party, individual, company, entity, product, or brand other than Sponsors’.
- Must not contain any material or references that violate or infringe upon a third party’s rights, including but not limited to, privacy, publicity, or intellectual property rights, nor may it in any way infringe upon a third party’s copyright or trademark rights;
- Must be in good taste as determined by Sponsors in their sole discretion;
- Must not contain language or contents that in any way disparages or defames or in any way reflects negatively upon the Sponsors, their practice or products or any person or entity as determined by Sponsors in their sole discretion;
- Must not contain content that is inconsistent with Sponsors’ marketing practices;
- Must not contain, mention, refer, or otherwise allude to any obscene, lewd, violent, illegal, offensive, hateful, disparaging, or inappropriate words, language, symbols, signs, or abbreviations;
- Must not advocate or denigrate any political or societal beliefs;
- Must not contain, mention, refer, or otherwise allude to any political or religious references, statements or symbols;
- Must not contain words or symbols that may be considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation, age, or socioeconomic group; and
- Must not in any way promote alcohol, illegal drugs, or tobacco (or the use of any of the preceding).
NOTE: Applicants understand and acknowledge that Sponsors, in their sole discretion, after its good faith consideration and review of a Submission in its totality, reserve the right to accept, edit, modify or reject a Submission. Additionally, Sponsors reserves the right at any time during the Program and thereafter to disqualify any Submission that Sponsors determines, in their sole discretion, does not comply with these Official Terms & Conditions or otherwise contains, or uses, prohibited or inappropriate content, and, the Applicant may also be disqualified from participation in the Program.
- PROGRAM EVALUATION, SELECTION & VERIFICATION PROCESS: Only Submissions from eligible Applicants as defined in Section 1 above whose Submissions are in compliance with Section 3 will be included for selection as stated herein. The Program will consist of two (2) rounds of evaluation. Evaluators referred to for each of the rounds (“Round One Evaluators” and “Round Two Evaluators”) may be referred to herein collectively as “Program Evaluators[s]”.
(A) ROUND ONE EVALUATION PERIOD: All eligible Entries received by Sponsors by 11/2/17 at 11:59:59 P.M., PDT will be evaluated and assigned points by a panel of Program Round One Evaluators comprised of Sponsors’ designated administrative, marketing and professional experts in accordance with the following criteria:
Responses will be judged, evaluated and assigned a number of points based on the following:
- Applicant’s Response regarding Applicant’s dental health and why she/he wants/needs a dental treatment consisting of either a single (either upper or lower) or double full-arch (upper and lower) dental restoration (“Dental Treatment”) – 30 points;
- Applicant’s Response as to why restoring his/her smile is important to him/her – 35 points; and
- Applicant’s Response as to why Applicant thinks she/he is a good candidate for the Second Chance Program and should be selected to receive the appropriate dental treatment, i.e. a single full-arch (either upper or lower) or double full-arch (upper and lower) dental restoration (“Dental Procedure”) – 35 points.
Round One Evaluation will take place on approximately 11/3/17. Applicants must receive a minimum of a combined total of sixty (60) Round One Points from the Round One Evaluators in order to be deemed to be Semi-Finalists, subject to verification, and will be so notified by Sponsors or its representative on or about 11/3/17.
(B) ROUND TWO – SEMI-FINALIST EVALUATION PERIOD, SEMI-FINALIST RESPONSIBILITIES: Within approximately seven (7) business days after being notified of being a Semi-Finalist, all Semi-Finalists will receive from Sponsors the date(s) on which she/he is to appear at Sponsors’ offices for a medical/dental examination (approximate dates will be between 11/3/17 and 11/15/17) and a potential Interview (approximate date will be 11/18/17) with Sponsors and its representatives (“Interview & Examination”), which Sponsors may record or videotape. The medical Examination and the Interview are typically held on separate days. At the time of such Interview & Examination, Semi-Finalists will be required, among other things:
- To read, sign and return to Sponsors at the time of his/her Interview and Examination, an Affidavit of Eligibility/Compliance & Publicity/Liability Release Affidavit & Release”). Failure to properly sign and return said Semi-Finalist Affidavit & Release may result in disqualification of the potential Semi-Finalist;
- To complete and furnish Sponsors with a medical/dental history questionnaire as requested and provided by Sponsors, and
- To allow Sponsors and/or its professional representatives to conduct a complete clinical dental examination as they determine necessary, including but not limited to all X-rays of an Applicant’s teeth and mouth. All travel and out-of-pocket expenses incurred for a potential Semi-Finalist to attend and or participate in such meetings, interviews, medical/dental examinations shall be solely the responsibility of each Semi-Finalist;
- And to promptly comply with all other reasonable requests of Sponsors.
Failure to comply with the above requirements will eliminate a Semi-Finalist from participation in the Program. Semi-Finalists acknowledge that they have been informed that their Interview(s) will be recorded and videotaped for evaluation purposes.
SELECTION OF THE RECIPIENT OF THE DENTAL PROCEDURE: On or about 11/21/17, the Round Two Evaluators, comprised of Sponsors’ designated administrative, marketing and professional experts, will, in order to determine the potential recipient of the Dental Treatment (“Recipient”), i.e. the Semi-Finalist who would most benefit from receiving the single or double full-arch dental restoration treatment,
- Review each of the Semi-Finalists’ dental and medical records,
- Review the results of each Semi-Finalist’s clinical dental examination,
- Assess each Semi-Finalist’s suitability for treatment,
- Conduct and Assess each Semi-Finalist’s videotaped interview, and
- Review the Responses that each Semi-Finalist submitted during Round One
The name of the potential Recipient will be determined on or about 11/22/17 and Sponsors will notify the potential Recipient either by email and/ or telephone at such time. The decisions of the Program Evaluators and Sponsors shall be final and binding in all matters pertaining to the evaluation and selection process. Potential recipients acknowledge that they will be the subject of a background check by Sponsors or their representative so that their selection as the Recipient will not embarrass or in any way reflect negatively on Sponsors or the Program and that they agree to the performance of said background check.
- “THE DENTAL PROCEDURE”: The Recipient will receive as the Dental Procedure, treatment dependent upon his/her dental needs, as determined by the Round Two Evaluators in their best professional judgment, implant retained prosthesis with the approximate retail value of 25,000 to 50,000 dollars. All expenses not specified above, such as travel to and from Sponsors’ professional offices for all meetings, examinations, dental appointments including full-dental arch restoration treatments, meals, etc., are solely the Recipient’s responsibility. Sponsors has no responsibility for the Recipient’s inability or failure to accept or utilize the Dental Procedure as described herein. NOTE: In order to be awarded the Dental Procedure, the Finalist must dutifully keep all appointments at times mutually agreed to by the Recipient and Sponsors and otherwise cooperate and follow Sponsors’ medical/dental instructions or the Dental Procedure will be deemed forfeited without any further responsibility by Sponsors to the Recipient. In addition to the previously signed Semi-Finalist Affidavit & Release, the potential Recipient may be asked to sign a Recipient Affidavit & Release as provided by Sponsors. Failure to sign and return the Recipient Affidavit & Release by the date specified in the letter of notification may result in forfeiture of the Dental Procedure. The Recipient may be issued a Form 1099 for tax purposes in the amount of the actual value of the dental services provided and must submit his/her Social Security Number or Taxpayer ID Number, as required by law. The Dental Procedure is not redeemable for cash, nor is it transferable or substitutable except by Sponsors with one of equal or greater value. All federal, state and local taxes are solely the responsibility of the Recipient.
Sponsors commit to a period of one year of free maintenance after the completion of the final restoration. After which time, the recipient is responsible for all associated maintenance costs.
- RESPONSIBILITIES OF ENTRANT:
(A) REPRESENTATIONS/WARRANTIES AS CONDITIONS OF ENTRY/PARTICIPATION IN PROGRAM: By participating in this Program, an Applicant represents and warrants that: (i) she/he is of the legal capacity to participate in this Program; (ii) she/he owns all rights and title to his/her Submission and the Submission is solely his/her own original work; (iii) the Submission does not infringe the intellectual property, privacy, publicity rights or any other legal or moral rights of any third party. Additionally, an Applicant represents and warrants that throughout his/her participation in this Program, she/he will conduct himself/herself in an appropriate manner and not engage in any behavior or manner that would embarrass Sponsors, Program Entities or reflect negatively on Sponsors’ practice, service or products.
(B) GRANTS/WAIVERS: By submitting a Submission, an Applicant assigns to Sponsors, their affiliates, legal representatives, assigns, agents and licensees an irrevocable, exclusive, unlimited, unconditional, royalty-free fully paid up and perpetual license to copy, transmit, publish, post, broadcast, display, adapt, exhibit, reproduce, encode, store and/or otherwise use, reuse or not use his Submission or any portion of the Submission, as submitted or as edited/modified in any way by the said licensees, in their sole discretion in the Program in any and all media without limitation, worldwide and throughout perpetuity, without additional compensation, notice to or approval from the Applicant. Applicant understands and agrees that although she/he has granted the above stated license to use or reuse his Submission or any portion thereof as stated hereinabove, Sponsors in its sole discretion, may elect not to so use said Submission. THE Applicant REPRESENTS, UNDERSTANDS, AND ACKNOWLEDGES THAT SHE/HE WILL NOT BE PAID FOR OR RECEIVE ANY FORM OF COMPENSATION OR ROYALTY IN EXCHANGE FOR GRANTING SPONSORS THESE RIGHTS OR FOR ANY SUBSEQUENT USE OF SUCH SUBMISSION OR ANY PORTION THEREOF BY SPONSORS OTHER THAN ANY DENTAL TREATMENT SHE/HE MAY RECEIVE HEREIN. The Applicant waives all intellectual property rights, privacy/publicity rights or other legal or moral rights that might limit or preclude Sponsors’ use of the Submission or any portion thereof or use of any recordings, photos or videos taken during the Interviews & Examination, Dental Procedure or follow-up interviews and appointments and agrees not to sue or assert any claim against Program Entities arising out of or connected to the use of any of the aforementioned or any portion thereof.
(C) INDEMNIFICATION/RELEASE: By submitting a Submission, the Applicant agrees to indemnify and hold harmless the Program Entities from any and all claims, damages, expenses, costs (including reasonable attorneys’ fees) and liabilities (including settlements) brought or asserted by any third party against any of them due to, or arising out of, the Submission or his/her conduct in creating the Submission or other actions in connection with this Program, including, but not limited to, claims for trademark infringement, copyright infringement, work product, violation of an individual’s right of publicity or right of privacy, or defamation. The Applicant further agrees to release and hold harmless the Program Entities from any and all claims that any advertising subsequently produced, presented and/or prepared by or on behalf of Sponsors infringes his/her rights with regard to the Submission and/or any portion thereof.
- INTERNET/LIMITATIONS OF LIABILITY: No liability or responsibility is assumed by Sponsors or Program Entities resulting from an individual’s participation in or attempt to participate in the Program. The Program Entities are not responsible for interrupted or unavailable network server or other connections; for miscommunications; failed telephone or computer transmissions; for jumbled, scrambled or misdirected entries or transmissions; for phone, electrical, network, computer hardware or software or program malfunctions, failures or difficulties; for other errors, omissions, interruptions or deletions of any kind, whether human, mechanical or electronic; or for any damage to any person’s computer related to participating in the Program. The Program Entities are not responsible for incorrect or inaccurate information, whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Program; or for any technical or human errors that may occur in the processing of any information in the Program. Persons found tampering with or abusing any aspect of the Program, as solely determined by Sponsors, may be disqualified and may be subject to prosecution. Any person attempting to apply using multiple email addresses, multiple identities or any other device or artifice to apply multiple times or to interfere with the proper play of the Program may be disqualified from participation in the Program. Additionally, any use of robotic, automatic, macro, programmed, third-party or like methods to participate in the Program will void any attempted participation effected by such methods and may lead to the disqualification of the individual utilizing the same. Sponsors reserves the right to disqualify any individual found, in its sole opinion, to be tampering with the operation of the Program, to be acting in violation of these Official Terms & Conditions or to be acting with the intent to disrupt the intended operation of the Program. If Sponsors, in their sole discretion, determines that the Program is not or may not be capable of running as intended because of viruses, bugs, non-authorized human intervention, an insufficient number of Applicants, Semi-Finalists or the Recipient not being in compliance with these Official Terms & Conditions, or any other causes that corrupt or interfere or may corrupt or interfere with the administration, security, fairness or proper play and/or intended execution of the Program, Sponsors reserves the right, in its sole discretion, to modify, suspend, cancel or terminate the Program and proceed in a manner deemed fair and appropriate by Sponsors.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR ANY RELATED WEBSITE OR UNDERMINE TO THE LEGITIMATE OPERATION OF THE PROGRAM IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
- PUBLICITY RIGHTS: By participating in this Program, an Applicant agrees to allow Sponsors’ designees the perpetual right to use his/her name, biographical information, photos and/or likeness, videos and statements for Program, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered, worldwide, including, but not limited to, on the World Wide Web and Internet, without notice, review, or approval and without additional compensation except where prohibited by law.
- RELEASE: By participating in this Program, each Applicant releases and agrees to indemnify and hold harmless Program Entities from and against any and all costs, claims, damages (including without limitation, any special, incidental or consequential damages) or any other injury, whether due to negligence or otherwise, to person(s) or property (including, without limitation, death or violation of any personal rights, such as violation of right of publicity/privacy, libel or slander), due in whole or in part, directly or indirectly, to participation in the Program or acceptance of the Dental Procedure, or arising out of participation in any Program-related or Dental Procedure activity whether hosted or provided by Sponsors or a third party.
- DISPUTE RESOLUTION: Except where prohibited, by participating in the Program, an Applicant agrees that: (a) except as otherwise specifically set forth in these Official Terms & Conditions, any action arising out of or relating to these Official Terms & Conditions or the rights and obligations of any Applicant and/or Sponsors shall be filed exclusively in the Fresno or Madera Counties, United States District Court for the Eastern District of California, or the appropriate California State Court located in Fresno or Madera County, CA; and Applicant hereby consents and submits to the personal jurisdiction of such court for the purposes of litigating any such action, and any right to a trial by jury is hereby waived; (b) any and all disputes, claims and causes of action arising out of or connected with these Official Terms & Conditions, and/or the rights and obligations of any Applicant and/or Sponsors, shall be resolved individually, without resort to any form of class action; (c) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and in no event will Applicant be entitled to receive attorneys’ fees or other legal costs; (d) under no circumstances will Applicant be permitted to obtain injunctive or other equitable relief and Applicant’s sole remedy will be an action at law for damages to the extent allowed by sub-paragraphs (c) and (e) of this Section 11; and (e) under no circumstances will Applicant be permitted, and Applicant hereby waives all rights, to: (i) claim punitive, exemplary, special, incidental, indirect and consequential damages and any other damages (whether due to negligence or otherwise), other than for actual out-of-pocket costs described in (c) above; and (ii) have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Terms & Conditions, or the rights and obligations of any Applicant and/or Sponsors, shall be governed by and construed in accordance with the laws of the Commonwealth of California without giving effect or regard to any principles or doctrines of conflicts of law of the Commonwealth of California or any other jurisdiction. If any provision or provisions of these Official Terms & Conditions shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
- GENERAL: Each Applicant waives any right to claim ambiguity in these Official Terms & Conditions. All Submissions become property of Sponsors and will not be returned. In the event of a dispute as to the identity of a selected participant based on an email address, the selected participant entry will be declared made by the person identified in the registration upon applying. All federal, state and local laws apply. The Program is void in jurisdictions other than those stated above and wherever prohibited.
- IMPORTANT: This Program is not in any manner Sponsored, endorsed, administered by or associated with Facebook. Each Applicant understands that they are providing their information to Sponsors and their designees and not to Facebook. The information an Applicant provides will only be used as stated in these Official Terms & Conditions. By participating in the Program, each Applicant releases and agrees to indemnify Facebook and hold it harmless from and against any and all costs, claims, damages (including, without limitation, any special, incidental or consequential damages) or any other injury, whether due to negligence or otherwise, to person(s) or property (including, without limitation, death or violation of any personal rights, such as violation of right of publicity/privacy, libel or slander), due in whole or in part, directly or indirectly, to participation in the Program or arising out of the receipt, use/misuse of or participation in any Program-related or Dental Procedure activity.
- NAME OF RECIPIENT: To obtain the name of the Recipient, send a properly stamped self-addressed envelope, postmarked by 11/22/17, to Second Chance Recipient List, Fresno Oral Maxillofacial Surgery & Dental Implant Center.
Sponsors: Fresno Oral Maxillofacial Surgery & Dental Implant Center, Fresno Smile Makeovers, and Aesthetic Oral Arts