Official Sweepstakes Rules
2014 Customer Satisfaction Survey $500 Sweepstakes
NO PURCHASE IS NECESSARY TO ENTER OR WIN THE SWEEPSTAKES. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. YOU HAVE NOT YET WON.
1. SweepstakesThe SmileMakers® 2014 Customer Satisfaction Survey $500 Sweepstakes ("Sweepstakes") is a quarterly random drawing Sweepstakes beginning on or about Sunday, April 27, 2014, at 12:00:01 AM Eastern Time (“ET”) and ending on Saturday, January 3, 2015 at 11:59:59 PM ET, (collectively, "Sweepstakes Period"). The Sweepstakes Period consists of four separate but consecutive Quarterly Sweepstakes Periods (“Quarterly Sweepstakes”) The first Quarterly Sweepstakes Period begins at 12:00:01 am ET on April 27, 2014 and ends at 11:59:59 pm on June 28, 2014. The second Quarterly Sweepstakes Period begins at 12:00:01 am ET on June 29, 2014 and ends at 11:59:59 pm on September 27, 2014. The final Quarterly Sweepstakes Period begins at 12:00:01 am ET on September 28, 2014 and ends at 11:59:59 pm on January 3, 2015. The Administrator of this Sweepstakes is Morpace Inc., Farmington Hills, MI 48334, ("Administrator). The Sponsor of this Sweepstakes is SmileMakers, Inc. Box 2543 Spartanburg, SC 29304 ("Sponsor").
2. HOW TO ENTER: There are two ways to enter this Sweepstakes. (1) Customers who receive an official order number can complete a customer satisfaction survey online by visiting http://www.SmileMakersSurvey.com. Once the survey has been completed, you will automatically receive one (1) entry into the Sweepstakes (see entry/drawing dates chart below) unless you choose not to enter (option given during survey). All survey entries must be made within thirty (30) days of receipt of receiving an order number. Order numbers are non-transferable and not redeemable for cash. (2) Free alternate means of entry: Legibly hand print on a postcard your complete name, street address (no P.O. Boxes, please), city, state, zip code, daytime phone number, age and email address (if available) and mail it to: SmileMakers 2014 Customer Satisfaction Survey Sweepstakes M140413, 31700 Middlebelt Road, Suite 200, Farmington Hills, MI 48334. Sponsor and Administrator not responsible for lost, late, mutilated or postage due entries.
Mail-in entries will be entered into the drawing period based on the date of receipt of entry. LIMIT: You may only enter once per Quarterly Sweepstakes Period..Persons discovered entering under several user names or otherwise attempting to receive more than one entry will be disqualified from all Quarterly Sweepstakes Periods. One prize per person or household over each Quarterly Sweepstakes Period. NO entry will be carried forward to another Quarterly Sweepstakes Period. To enter all four drawings, you must enter one time per Quarterly Sweepstakes Period. All entries and materials submitted become the property of the Sponsor and shall not be acknowledged or returned. If entries exceed the entry limitations, the Entrant may be disqualified in the Sponsors’ sole discretion. Entrants must provide all information requested to be eligible to win. Incomplete, unreadable, or unintelligible entries shall be disqualified. Entries generated by a script, macro or other automated means shall be disqualified. Each entrant must be the rightful owner or have authorized use of the e-mail address that may be identified in the entrant's entry as of the Start Date.
3. ELIGIBILITY: SSweepstakes is open to legal residents of the United States and Washington, D.C. (excluding Puerto Rico, U.S. Virgin Islands, Guam and US Military Installations in foreign countries, all other US territories and possessions and wherever else restricted or prohibited by law who are the age of majority in their home state at time of entry (“Entrant”). Any individuals (including but not limited to employees, consultants, independent contractors and interns) who have, within six months prior to the Start Date, held employment with or performed services for Sponsor or Administrator (collectively, "Sweepstakes Entities") or any organizations affiliated with the sponsorship, fulfillment, administration, prize support, advertisement or promotion of the Sweepstakes are not eligible to enter or win. Immediate family and household members of such individuals are also not eligible to enter or win. "Household Members" shall mean those people who share the same residence at least three months a year. "Immediate Family Members" shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses.
4. WINNER SELECTION AND NOTIFICATION: : A random drawing will be conducted by the Sweepstakes Administrator from all eligible entries received during a Promotion Period. One Grand Prize winner will be selected in each drawing based on the Drawing Schedule listed in Rule #2. Prize winner shall be notified by telephone, email and/or overnight mail, whichever is appropriate. Selected winner shall be required to respond (as directed) to the notification within Five (5) business days of attempted notification date. The failure to respond timely to the notification shall result in forfeiture of the prize and, in such case, the Administrator shall randomly select an alternate winner from among the remaining eligible entries. Prizewinners will be required to provide proof of name and complete address and return within seven (7) days an affidavit of eligibility and liability/publicity release covering eligibility, liability, advertising, publicity and media appearance issues, unless prohibited by law. Prize shall not be awarded until all such properly executed and notarized forms are returned. The decisions of the Administrator are final and legally binding in all Sweepstakes related matters.
5. PRIZE:ONLY THE PRIZE LISTED BELOW WILL BE AWARDED FOR EACH QUARTERLY SWEEPSTAKES PERIOD.
QUARTERLY GRAND PRIZE: A $500 American Express Gift Card shall be awarded as the Grand Prize for each Quarterly Sweepstakes Period, for a total of three (3) Grand Prizes Terms and conditions of the card apply. Prizewinner cannot assign or transfer all or any portion of any prize to another person. Winner shall be responsible for any and all federal, state and/or local taxes resulting from acceptance of the prize. No prize will be replaced if lost or stolen once issued to the recipient. If a prize cannot be awarded due to circumstances beyond the control of Sponsor, a substitute prize of equal or greater retail value may be awarded. Total ARV of the Grand Prizes: $1,500. The use of any prize manufacturer, name or trademark in connection with any of the prizes is solely for the purpose of describing such prize, and is not intended to suggest any affiliation or sponsorship.
6. ODDS OF WINNING: Odds of winning depend on the number of eligible entries received in a Quarterly Sweepstakes Period.
7. CONDITIONS OF PARTICIPATION/INDEMNIFICATION: By participating, entrants agree to be bound by these Official Rules and the decisions of the Sponsor and the Administrator, which shall be final and legally binding in all respects. All federal, state and local laws and regulations apply. By participating in this Sweepstakes and/or by accepting any prize that they may win, entrants agree that the Sweepstakes Entities; their parent, subsidiary and affiliated companies, units and divisions and advertising and promotional agencies and prize suppliers; each of their respective officers, directors, agents, representatives and employees; and each of these companies and individuals' respective successors, representatives and assigns (collectively, the "Indemnified Parties") shall not be liable for any and all actions, including third party claims, claims, judgements, damages, losses, disbility, attorney’s fees and costs of litigation and settlement, as well as any liability due to any injuries, damages or losses to a person (including death) or property of any kind resulting in whole or part, directly or indirectly from (i)redemption, acceptance, possession, ownership, misuse or use of any prize from this Sweepstakes (ii) entry and participation in this Sweepstakes or (iii) printing, distribution, production or mailing/ e-mailing/ communication or transmission errors related to this Sweepstakes. NEITHER SWEEPSTAKES ENTITIES NOR THEIR REPRESENTATIVES MAKE ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OF ANY PRIZE, INCLUDING, WITHOUT LIMITATION, QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (UNLESS SWEEPSTAKES ENTITIES ELECT TO PROVIDE ANY PRIZE RECIPIENT WITH ANY EXPRESS WRITTEN WARRANTIES). FURTHER, NEITHER SPONSOR NOR THE SWEEPSTAKES ENTITIES ACCEPT ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS OR ACTS OF ANY GOVERNMENT OR AUTHORITY. Each entrant, including each Grand Prize Winner, by participating in the Sweepstakes, agrees to fully indemnify each Indemnified Party from any and all such claims noted above without limitation. Except where prohibited by law, regulation, rule or order, Entrants authorize the Indemnified Parties to use their name, voice, likeness (including non-photographic and simulated), biographical data, city and state of residence and entry materials or any other statements in any and all programming, advertising or promotional material in all forms of media, now or hereafter known, worldwide in perpetuity, or on a winners list, if applicable, without further review permission or compensation unless prohibited by law. Sponsor is not obligated to use any of the above mentioned information or materials, but may do so and may edit such information or materials, at Sponsor's sole discretion, without further obligation or compensation. The Indemnified Parties shall not be liable for: (i) late, lost, delayed, stolen, misdirected, postage-due, incomplete unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses or damages of any kind caused by the prize or resulting from acceptance, possession or use of a prize, or from participation in the Sweepstakes; or (v) any printing, typographical, administrative or technological errors in any materials associated with the Sweepstakes. Sponsor disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Sweepstakes, and reserves the right, in its sole discretion, to cancel, modify or suspend the Sweepstakes should a virus, bug, computer problem, unauthorized intervention or other causes beyond Sponsor's control, corrupt the administration, security or proper play of the Sweepstakes. Sponsor may prohibit you from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines you are attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other players or Sponsor representatives. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHALL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE SWEEPSTAKES. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. Sweepstakes Entities shall not be liable to Entrants for failure to supply a 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), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, 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 similar or dissimilar cause beyond Sweepstakes Entities's sole and reasonable control.
9. DISPUTES: Except where prohibited, Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Western District of South Carolina, or the South Carolina District Court located in Spartanburg County, South Carolina; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (3) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, indirect, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of South Carolina without giving effect to any choice of law or conflict of law rules (whether of the State of South Carolina or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of South Carolina.
10.PRIZE WINNER LIST:For the list of Grand Prize Winners or a copy of the Official Rules, mail a self-addressed, stamped envelope to be received no later than February 20, 2015 to: “The SmileMakers 2014 Customer Satisfaction Survey $500 Sweepstakes M140413” Winners List or Rules, 31700 Middlebelt Road Suite 200, Farmington Hills, MI 48334 (VT residents may omit return postage). Administrator will supply a winners list based on the date of receipt of any request.