“EMPIRE BOTOX WEEK 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.
1. Eligibility: To be eligible to enter the “Empire Botox Week 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 11/16/2020 at 12:00 AM PST and ends on 11/20/2020 at 11:59 PM PST (the “Promotion Period”). Sponsor’s computer is the official time-keeping device for the Sweepstakes. There will be (5) separate and distinct Sweepstakes Periods (“Days”) during the Promotion Period. A “Day” is defined as starting at 12:00 a.m. (midnight) PST and ending the following 11:59 p.m. PST.
4. How to Enter:
a. Receive a Botox/Dysport Treatment: During the Promotion Period, Entrant must receive a cosmetic Botox or Dysport treatment of no less than 30 units at Empire Eye and Laser Center. The day on which the treatment is received will be the Sweepstakes Period the Entrant receives an entry for.
b. Free Alternate Method of Entry: During the Promotion Period, on a postcard or a card that is no smaller than 3 ½ x 5 inches and no larger than 4 ¼ x 6 inches, legibly write your complete name, mailing address, phone number and email address, and deliver to the following address between 8:00 AM PST and 5:00 PM PST:
Empire Eye and Laser Center
Attn: Alexander Zahn
4105 Empire Drive, Bakersfield, CA 93309
Each envelope/postcard is considered one (1) Entry into the Sweepstakes for the Day it is delivered. Write-in entries must contain all entry fields outlined above; otherwise, they are void and will not be eligible to win.
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.
Only one entry per person, per Day, per household and/or e-mail address is permitted unless otherwise specified. All entries must be received by the close of the Promotion Period. Entrant may not enter with multiple email addresses nor may Entrant use any other device or artifice to enter multiple times during the Entry Period using multiple identities. Entrants submitting multiple entries or violating any of these Official Rules may be disqualified and forfeit any and all Prizes won, at Sponsor’s discretion.
5. Selection of Winner: Each day, one (1) prize winner will be randomly selected from all entries meeting the requirements of the Official Rules. The winners will be selected by 5:00 PM PST on the business day following the day of entry. Winners will be notified by e-mail and/or phone call. Sponsor is not responsible for any change of email address or physical address of Entrant. Odds of winning depend on number of eligible entries received. All non-winning entries for any Sweepstakes Period will NOT be carried forward to subsequent Sweepstakes Period(s) in the Promotional Period.
6. Notification of Winners: Winners will be notified by e-mail and/or phone call within three (3) business days of the Prize drawing, and may be required to sign and return an affidavit of eligibility and publicity/liability release within three (3) 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, an alternate winner will 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 e-mail 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. Allow 6-8 weeks for delivery of Prize(s).
7. Prize(s): One (1) winner each day will receive the following Prize (the “Prize”):
One (1) Voucher for a Filler Treatment at Empire Eye and Laser Center
Actual Retail Value (“ARV”) of each Prize: $650
Total Value of the Sweepstakes: $7,800
Sponsor reserves the right to substitute a Prize of equal or greater value in the event the original Prize is unavailable. No substitution or transfer of Prize permitted except as provided herein. Prizes are not redeemable for cash.
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.