“Sculptra Giveaway” – Official Sweepstakes Rules
Sponsored by Empire Eye and Laser Center, 4105 Empire Dr, Bakersfield, CA 93309 (“Sponsor”).
NO PURCHASE REQUIRED TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Facebook or Instagram. You understand that you are supplying your information to the Sponsor and not to Facebook or Instagram. This Sweepstakes shall not be published without permission of the Sponsor.
1. Eligibility: To be eligible to enter the “Sculptra Giveaway” (the “Sweepstakes”) Entrant must be a legal resident of the fifty (50) United States and the District of Columbia (excluding residents of overseas military installations, Puerto Rico and other U.S. territories), who is age eighteen (18) or older (or at least age of majority in their state of residence, whichever is older) (“Entrant”). Those who have won Sponsor sweepstakes in the past 12 months, as well as Employees, contractors, directors, and officers of Sponsor, its parent, subsidiaries, affiliates, sales representatives, distributors, retailers, and advertising, promotion and judging agencies, and all other service agencies involved with the Sweepstakes (“Promotion Entities”), and members of each of their immediate families (spouses, parents, grandparents, children, and siblings, and their respective spouses) and those living in the same household of each, are not eligible to enter or win. The Sweepstakes is subject to all applicable federal, state and local laws and regulations and is void where prohibited by law. The Sweepstakes is governed exclusively by the laws of the United States.
2. Agreement to Official Rules: By participating in the Sweepstakes, Entrant fully and unconditionally agrees to and accepts these official rules and regulations (the “Official Rules”) and the decisions of the Sponsor(s), which are final and binding in all matters related to the Sweepstakes.
3. Promotion Period: This Sweepstakes begins on 04/12/2021 at 12:00 AM PST and ends on 04/18/2021 at 11:59 PM PST (the “Sweepstakes Period”). Sponsor’s computer is the official time-keeping device for the Sweepstakes.
4. How to Enter: There are two (2) ways to receive entries into this Sweepstakes via Instagram and/or Facebook (defined below): (a) the initial entry (“Initial Entry”) involving interactions with posts on @empiremedicalaesthetics (“Sweepstakes Post”); and (b) bonus entries (each, a “Bonus Entry”) involving either Sweepstakes posts or posts made by the Entrant.
- Instagram (Initial Entry): During the Entry Period:
- Click the “Follow” button and follow the links and instructions to connect your account and become a follower of; @Empireeyeandlasercenter, @empiremedicalaesthetics, @MReynolds_np, @ParkwayOpticalBoutique. NOTE: Entrant must be a registered Instagram user to obtain Initial Entry via this method. To become a registered user, visit www.instagram.com and follow the instructions prior to entering this Sweepstakes. Entrant’s Instagram profile settings must be set to “public” in order to be viewable by the Sponsor for winner determination. If the Entrant’s account is not set to “public”, the Sponsor may not be able to verify the entry and the Entrant may not be eligible to win.
- Click the “Like” button on any of the Sweepstakes post.
- Tag/mention at least one Instagram user in the comments on a Sweepstakes post.
- Instagram (Bonus Entry): Once the Initial Entry is received, eligible Entrants may then receive up to three (3) Bonus Entries via any or all of the following methods.
- Like and tag/mention at least one Instagram user on a different Entry Period Sweepstakes post. One (1) Bonus Entry, up to the maximum allowable, will be awarded for each separate liked and commented Sweepstakes post.
- Post to their own Instagram account a photo featuring the Entrant. In the photo’s caption, Entrant must use the hashtag #YoungerWithEmpire, as well as mention the Sponsor’s Instagram account @empiremedicalaesthetics.
- Facebook (Initial Entries): During the Entry Period:
- Click the “Follow” button and follow the links and instructions to connect your account and become a follower of @Empireeyeandlasercenter, @empiremedicalaesthetics, and @ParkwayOpticalBoutique. NOTE: Entrant must be a registered Facebook user to obtain Initial Entry via this method. To become a registered user, visit www.facebook.com and follow the instructions prior to entering this Sweepstakes. Entrant’s Facebook profile settings must be set to “public” in order to be viewable by the Sponsor for winner determination. If the Entrant’s account is not set to “public”, the Sponsor may not be able to verify the entry and the Entrant may not be eligible to win.
- Click the “Like” button on any of the Sweepstakes post.
- Tag/mention at least one Facebook user in the comments on a Sweepstakes post.
- Facebook (Bonus Entries): Once the Initial Entry is received, eligible Entrants may then receive up to three (3) Bonus Entries via any or all of the following methods.
- Like and tag/mention at least one Facebook user on a different Entry Period Sweepstakes post. One (1) Bonus Entry, up to the maximum allowable, will be awarded for each separate liked and commented Sweepstakes post.
- Post to their own Facebook account a photo featuring the Entrant. In the photo’s caption, Entrant must use the hashtag #YoungerWithEmpire, as well as mention the Sponsor’s Instagram account @empiremedicalaesthetics.
- Instagram (Initial Entry): During the Entry Period:
Entry Limit: Regardless of the method(s) used to obtain entry into this Sweepstakes, there is a limit of eight (8) entries per person during each Entry Period, equivalent to one (1) Initial Entry and three (3) Bonus Entries on each platform. If more than the stated number of entries is received from the same person, telephone number and/or e-mail address the entries may, at the Sponsor’s sole discretion, be disqualified. Entrants are prohibited from using more than one (1) e-mail address, social media account, or multiple identities. All entries must be received by the close of the Entry Period. Entrants violating any of these Official Rules may be disqualified and forfeit any and all Prizes won, at Sponsor’s discretion.
Entrant must be the rightful owner (or have authorized use) of the Social Media accounts and/or e-mail addresses identified in the Entrant’s entries as of date of entry. Entrants must provide all information requested to be eligible to win. Incomplete, unreadable, or unintelligible entries will be disqualified. All information provided by Entrant becomes the property of Sponsor.
No mechanically reproduced mail-in entries are allowed and any use of robotic, automatic, programmed or the like entry methods will void all such entries by such methods.
5. Selection of Winner: There will be one (1) random drawing held in this Sweepstakes. The drawing will take place on April 19, 2021. Sponsor will randomly select one (1) potential prize winner from all eligible entries received during the Sweepstakes Period. The odds of winning the prize depend on the total number of eligible entries received during the Sweepstakes Period. The prize winner is considered a potential prize winner pending verification of his/her eligibility and compliance with these Official Rules. The Sponsor decisions with respect to the selection of the prize winner shall be based on their sole discretion and interpretation of these Official Rules and are final and binding in all respects.
6. Notification of Winners: Winner will be notified by direct message within one (1) to three (3) business days from the date on which the random drawing takes place, and may be required to sign and return an affidavit of eligibility and publicity/liability release within seven (7) business days of notification. Prize will be forfeited if a selected Winner cannot be contacted, is ineligible, fails to claim all or a portion of a prize or, where applicable, an affidavit of eligibility and publicity/liability release is not timely received, is incomplete or modified. In the event of a Prize forfeiture, at the sole discretion of the Sponsor an alternate winner may be selected from remaining valid, eligible entries that were timely submitted. In the event of a dispute regarding who submitted an entry, the entry will be deemed submitted by the authorized account holder of the social media account specified in the entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
7. Prize(s): Two (2) winners will each receive the following Prizes (the “Prize”):
- PRIZE DETAILS:
- One (1) voucher for a Sculptra Treatment (2 vials) at Empire Eye and Laser Center.
Total Actual Retail Value (“ARV”) of each Prize: $1,800
Total Value of the Sweepstakes: $3,600
Prize will need to be claimed in-person within seven (7) business days of winner notification at the Sponsor’s office. If the promotion requires the winner to provide additional information, this must be done within seven (7) days or the prize will be forfeit. There is a limit of one (1) prize per person/household. If, for any reason, more prize notifications are sent (or more claims are received) than the number of prizes offered, as set forth in these Official Rules, Sponsor reserves the right to award the intended number of prizes through a random drawing from among all eligible prize claims received.
Except as otherwise set forth herein, unclaimed prizes will not be awarded. All other costs and expenses not expressly set forth herein shall be solely each winner’s responsibility. Prizes that are unclaimed, unredeemed, or returned as undeliverable will not be awarded. Prizes are non-transferable and no prize substitution, exchange or cash equivalent will be allowed, except by Sponsor, who reserves the right to substitute a prize of equal or greater value in case of unavailability of the prize or force majeure, at Sponsor’s sole and absolute discretion. Sweepstakes Entities shall not be held responsible for any delays in awarding the prize for any reason.
Travel. For Prizes that require travel, certain restrictions may apply. Prize is subject to availability. Certain blackout dates apply. Winner is responsible for any expenses not expressly included in the Prize description, such as ground transportation, incidentals, meals, beverages and any other expenses.
Gift Cards and Vouchers. The value of any Prize gift card, gift certificate, voucher, or credit, etc. is less any applicable activation, transaction or maintenance fees and subject to the fees, terms, conditions, and restrictions of the issuer, which may or may not be disclosed on the gift card, gift certificate, voucher, credit, etc. Sponsor is not responsible if any gift card, gift certificate, voucher, credit, etc. is lost, stolen, destroyed, unused, expired, forfeited or used without permission. If a gift card or gift certificate is lost, stolen, destroyed, unused, expired, forfeited or used without permission, it will not be replaced.
Entry in the Sweepstakes constitutes consent to use Entrant’s name, biographical information, image and likeness for editorial, advertising, promotional and publicity purposes without additional compensation, except where prohibited by law. Entrant releases and holds harmless the Social Media Released Parties and Released Parties for any liability, claims and causes of action based on defamation or violation of rights of publicity or privacy.
9. General Rules: Employees of Sponsor and its parent companies, affiliates, subsidiaries, advertising, sweepstakes, and fulfillment agencies, their immediate family members and persons living in their same household, are not eligible to participate in the Sweepstakes. Participation in the Sweepstakes constitutes Entrant’s full and unconditional agreement to and acceptance of these Official Rules.
VOID WHERE PROHIBITED.
By entering, Entrant agrees to be bound by these Official Rules. The Sweepstakes is offered by Sponsor, which is not responsible for late, lost, delayed, damaged, postage-due, incomplete, illegible, or misdirected entries, responses, or other correspondence.
By participating, Entrants and winners, as applicable, release Sponsor, its parent, affiliates, subsidiaries, directors, officers, employees, sponsors, and agents, including advertising and Sweepstakes agencies (collectively, the “Sponsor Released Parties”), from any and all liability with respect to the Sweepstakes or the acceptance, possession or use of any Prize. Entrants and winners further release the Sponsor Released Parties without limitation from any liability, damages or causes of action resulting from: (i) any condition caused by events beyond the Sponsor Released Parties’ control that may cause the Sweepstakes to be disrupted or corrupted; (ii) any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from receipt, acceptance, possession, misuse or use of a prize or participation in any promotion-related activity or participation in this Sweepstakes; and (iii) any printing or typographical errors in any materials associated with the Sweepstakes. Sponsor’s decisions in all respects relative to the Sweepstakes are final. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Sweepstakes in whole or in part, in the event of fraud, technical or other difficulties or if the integrity of the Sweepstakes is compromised, without liability to the Entrant. Sponsor reserves the right to disqualify any winner, as determined by Sponsor in its sole discretion. Void where prohibited or restricted by law. All federal, state, provincial and local regulations apply.
All federal, state, and local taxes are the sole responsibility of the winner. Winner will receive an IRS Form 1099 reflecting the final actual value of any Prize valued at $600 or more. Consult with your tax professional regarding potential tax implications. Should the ARV of the Prize equal or exceed $600.00, winners shall provide to Sponsor their social security number and tax information for issuance of a 1099 Form.
10. No Liability: By participating, Entrants and Prize winners agree to release, discharge, indemnify and hold harmless the Sponsor Release Parties from and against any claims made by any Entrant, prize winner, or any other third parties, related in any way to the operation of this Sweepstakes as well as any other claims, damages or liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from receipt, acceptance, possession, misuse or use of a prize or participation in any promotion-related activity or participation in this Sweepstakes. Released Parties are not responsible if Sweepstakes cannot take place or if Prize cannot be awarded due to travel cancellations, postponements, delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism.
Sponsor’s failure to enforce any term of these rules shall not constitute a waiver of that provision.
Winner acknowledges that the Sponsor Released Parties have not made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any Prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose. Any and all warranties or guarantees on a Prize (if any) are subject to the respective manufacturers’ terms, and Winner agrees to look solely to such manufacturers for any such warranty and/or guarantee.
CAUTION: ANY ATTEMPT BY ANY ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR TAMPER WITH OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY SUCH ENTRANT(S) TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING CRIMINAL PROSECUTION.
Disputes and Jurisdiction: Disputes arising from this Sweepstakes, or any matter arising therefrom, whether direct or indirect, will be determined according to the laws of the State of California, without reference to its conflict of laws principles. Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes shall be resolved individually, without resort to any form of class action; (ii) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, shall be resolved exclusively by the United States District Court of California or the appropriate California State Court; and (iii) under no circumstances will Entrants be entitled to, and Entrants hereby waive all rights to claim, any punitive, incidental and consequential damages and any and all rights to have damages multiplied or otherwise increased; SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules and Regulations, or the rights and obligations of the Entrants or the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
11. Winners, Official Rules: To inquire about Prize winners or to receive a copy of these Official Rules, send your request and a stamped, self-addressed envelope to Empire Eye and Laser Center, Attn. Alexander Zahn, 4105 Empire Dr, Bakersfield, CA 93309. Alternatively, send an email message to [email protected] with “Sweepstakes Winners” as the email subject and the Sweepstakes name specified in the body of the e-mail.