- NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.
THIS CONTEST IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT SUBMIT AN ENTRY IF YOU ARE NOT ELIGIBLE AND ARE NOT LOCATED IN THE UNITED STATES AT THE TIME OF SUBMISSION.
- SPONSOR: Smile Designs by Golpa, dba, Golpa Dental Implant Center 6420 medical center St. #101, Las Vegas, NV 89148(“Sponsor”), is solely responsible of all aspects of the 1-Day Miracle Smile-Makeover $20,000 Smile Contest (“Contest”).
- CONTEST ENTRY PERIOD: The Contest submission period begins at 9:00:00 a.m. Pacific Standard Time (“PST”) on September 7, 2012 and ends at 12:00:00 p.m. PST on January 1, 2013 (“Submission Period”). The Sponsor’s computer is the official timekeeping device for this Contest. All Entries must be received by 12:00:00 p.m. PST, January 1, 2013.
- HOW TO ENTER: During the Submission Period register for the Contest by providing all information requested. Then, upload your video telling us why you want to makeover your smile (“the Video”) (collectively “Entry”), and then start earning points. You may only enter this Contest via the Internet. Normal Internet access and usage charges imposed by your online service provider may apply. Limit one (1) Entry per person/e-mail address during the Submission Period. If more than one (1) Entry is submitted during the Submission Period by an entrant, Sponsor reserves the right to void all of his/her entries. Entries become property of the Sponsor, and none will be returned. By submitting an Entry, entrants agree to these Official Rules, which are final and binding in all respects.
- VIDEO SUBMISSION REQUIREMENTS: Your Video must meet all of the following requirements or it may be disqualified.
Entrants must state why they want to makeover their smile in their Video and must include close up shot(s) of their teeth and perceived problem areas. Entrants are encouraged to state how their problem mouth makes them feel and how it affects their life. Entries must be in English and conform with the foregoing additional Entry requirements:
- Entries must contain the entrant only; no other persons may be depicted in the Entry.
- Entries must be in color and may not be enhanced with graphics, special effects and/or animation.
- Entries must not contain any commercial and/or corporate advertising, including but not limited to corporate logos, brand names, slogans, trademarks, copy written works or other images or words within the video or on any clothing, hats or other adornment.
- Entries may not contain defamatory statements, including words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation, or socioeconomic group or, which in Sponsor’s sole discretion is unacceptable.
- Entries must not contain any materials embodying the names, likeness, photographs, or other indicia identifying any person, living or dead, other than the entrant.
- Entries must not include unsuitable content or depict or incorporate: unsafe behavior or situations; obscenity; disparagement of any product or person; or other offensive conduct or material, or otherwise include inappropriate content as solely determined by Sponsor.
- Entries cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contains nudity or any materially dangerous activity.
- Entries cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message.
- Entries cannot contain copyrighted materials owned by others including but not limited to photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media.
- Entries cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission.
- Entries cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate.
- Entries cannot depict, and cannot itself, be in violation of any law.
BY SUBMITTING AN ENTRY, YOU WARRANT AND REPRESENT THAT IT: (A) IS YOUR OWN ORIGINAL WORK, (B) HAS NOT BEEN PREVIOUSLY PUBLISHED, (C) HAS NOT BEEN EXHIBITED OR DISPLAYED PUBLICLY, (D) HAS NOT BEEN SUBMITTED IN A CONTEST OF ANY KIND, (E) HAS NOT PREVIOUSLYWON A PRIZE OR AWARD, (F) DOES NOT CONTAIN, INCORPORATE OR REFERENCE ANYTHING THAT IS OWNED BY ANY THIRD PARTY OR ENTITY OR WOULD REQUIRE THE CONSENT OF ANY THIRD PARTY OR ENTITY IN ANY JURISDICTION, (G) DOES NOT INFRINGE UPON THE COPYRIGHTS, TRADEMARKS, RIGHTS OF PRIVACY, PUBLICITY OR OTHER INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY PERSON OR ENTITY, AND (H) THAT PUBLICATION OF THE VIDEO VIA VARIOUS MEDIA INCLUDING WEB POSTING, WILL NOT INFRINGE ON THE RIGHTS OF ANY THIRD PARTY. ANY SUCH ENTRANT WILL INDEMNIFY AND HOLD HARMLESS, SPONSOR FROM ANY CLAIMS TO THE CONTRARY. Modifying, enhancing or altering a third party’s preexisting work does not qualify as entrant’s original creation and will be disqualified. Professional or studio videos are not eligible.
By submitting an Entry, you agree that your submission is gratuitous and made without restriction, and will not place Sponsor under any obligation, that Sponsor is free to disclose or otherwise disclose the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your submission, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than you.
Sponsor reserves the right to waive the Contest entry requirements set forth herein in its reasonable discretion. Sponsor reserves the right, in its reasonable discretion, during or upon completion of the Submission Period, to request that any entrant resubmit his or her Entry which fails to comply with the Contest entry requirements prior to any judging period.
ENTRIES POSTED TO THE WEBSITE WILL NOT BE SUBSTANTIALLY EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants. Sponsor reserves the right to, and may or may not, monitor/screen entries prior to posting them to the Website. By entering, you acknowledge that Sponsor has no obligation to use or post any Entry you submit.
- ELIGIBILITY: Contest is only open to individuals who are eighteen (18) years of age or older as of the date of submission, who are legal residents of the fifty (50) United States or the District of Columbia (collectively “Territory”), and have not been convicted of a violent offense, felony, crime of moral turpitude, or misdemeanor, other than minor traffic ticket(s) or parking violation(s). Employees of Sponsor, its affiliates, subsidiaries, advertising, promotion and internet vendors and members of their households and immediate family members are not eligible to enter or win this Contest (“Promotion Parties”).
- LIMITATIONS OF LIABILITY: Entries that are lost, late, misdirected, garbled, incompletely received, mutilated, or illegible, for any reason, including by reason of hardware, software, browser or network failure, malfunction, congestion or incompatibility at Sponsor’s website or elsewhere, will not be eligible. Sponsor is not responsible for any technical problems related to online entries or for any injury or damage to any person’s computer relating to or resulting from participation in this Contest. Proof of sending (such as an automated computer receipt confirming delivery of Entry message) does not constitute proof of actual receipt by Sponsor of an Entry. Sponsor, in its sole discretion, may modify, suspend or terminate this Contest in the event that it becomes infected by a computer virus or is otherwise technically impaired or if the Contest cannot be conducted as planned by causes beyond the control of the Sponsor, including but not limited to power outages, the unavailability of the Internet or of the golpa-dentalimplantcenter.com website, weather, strike, civil unrest, acts of terrorism, quarantine or acts of God. Information collected from entrants is subject to Sponsor’s Privacy Statement available at http://golpa-dentalimplantcenter.com/privacy-policy/ Contest void where prohibited or restricted by law and subject to all applicable federal, state, local and municipal laws and regulations. Automated submissions are prohibited, and any use of automated devices will cause disqualification. Sponsor reserves the right at its sole discretion, to disqualify any individual (and all of his or her entries) who tampers with the submission process. Should multiple users of the same e-mail account enter the Contest and a dispute thereafter arise regarding the identity of the entrant, the authorized account holder of said e-mail account at the time of entry will be considered the entrant. “Authorized account holder” is defined as the natural person who is assigned an e-mail address by an Internet access provider, on-line service provider or other organization which is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address.
- CONSUMER VOTING PERIOD/JUDGING CRITERIA: All eligible Entries received during the Submission Period will be posted to Sponsor’s website for consumer review and voting (“Consumer Voting Period”). The Consumer Voting Period starts at 12:01:00 p.m. PST on september 28, 2012 and ends at 12:00:00 p.m. PST on january 1, 2013. Limit one (1) vote per person/e-mail address per day. For the purposes of this Contest, a “day” shall be defined as 12:00:00 a.m. PST to 11:59:59 p.m. PST. Any attempt by the entrant and/or his/her family/friends to vote more than the number of times authorized herein, using multiple names or e-mail addresses and/or any other fraudulent mechanism(s), including robotic, automatic, programmed or similar methods, shall give the Sponsor, in its sole discretion, the right to disqualify the entrant’s Entry. Consumer voting is for entertainment purposes only, and will not determine the Finalists. At the end of the Consumer Voting Period, Sponsor will announce five (5) potential finalists (‘Finalists”). Finalists will be chosen based on the following equally weighted judging criteria: 1) articulation of why the applicant wants a dental makeover and how a dental makeover would change his/her life, if chosen, (2) ability to communicate well and engage an audience while on-camera, (3) dental need, including but not limited to nature, depth and complexity of treatment (“Dental Need”), (4) originality, and (5) creativity (collectively “Judging Criteria”). In the event of a tie, tie breaker will be based upon the highest score in the first judging criteria, continuing thereafter to each judging criteria in order, as needed, to break the tie. Finalists will also be individually notified by e-mail and/or telephone on or about January 1, 2013. All Finalists must submit to a free dental examination (“Dental Exam”) to confirm Dental Need. Finalists must have their Dental Exam performed by Dr. Golpa-, at the Golpa Dental Implant Center of Las Vegas. Refusal or inability of a Finalist to comply with any of the above conditions may result in their disqualification as a Finalist.
- WINNER: Between January 1, 2012 and January 8, 2013, one (1) winner will be chosen from the eligible Finalists by Sponsor, in its sole discretion based upon the same Judging Criteria. The winner will be notified by e-mail and/or telephone on or about January 8, 2013. Sponsor will announce the winner on Sponsor’s website on or about January 8, 2013, pending verification of winner’s eligibility. In order to claim the Prize, the winner must comply with all of the following: 1) respond to the notification, complete and return all of the foregoing documentation within three (3) business days from the date of the prize notification; 2) provide evidence of identity and residency; and 3) execute and return any and all forms necessary to claim the Prize, which includes but is not limited to a W-9 Form, and a notarized Affidavit of Eligibility, which includes a liability release that releases Sponsor from all liability in connection with the Contest, prize, and any dental treatment, as well as a publicity release (where permitted by law). If prize is won by an eligible entrant who is a minor in his/her state of residence, minor’s parent or legal guardian will be required to sign and return all required documents, or prize may be forfeited. If winner is eligible, but a minor in his/her state of residence, the winner’s parent or legal guardian must accompany winner at all times during prize events (including, but not limited to, dental consultation, office visits, and dental procedures). If the winner fails to comply with any of the above conditions, prize may be forfeited. Return of any prize notification as undeliverable may result in disqualification.PRIZE: One (1) winner will receive a smile makeover consisting of and defined as dental work with an approximate retail value (“ARV”) of up to $20,000 (Twenty Thousand Dollars) the Golpa Dental Implant Center. The monetary value of any portion of the treatment plan which winner does not consent to shall be forfeited. No substitutions are allowed except, at Sponsor’s sole discretion, a prize of equal or greater value, may be substituted. The Prize is not redeemable for cash or transferable. Winner is solely responsible for all federal, state and local taxes incurred in receiving the Prize. If the aggregate value of services received totals $600.00 (Six Hundred Dollars) or more within one (1) calendar year, Sponsor will provide winner with a 1099 IRS Form reflecting the actual value of services received. After winner claims and receives his/her prize, Sponsor will have no further obligation to him/her. Winner understands that Sponsor may take before and after photographs of winner’s teeth, allow Sponsor’s film crew to film winner’s dental makeover, which includes but is not limited to filming winner’s dental treatments and/or providing Sponsor with an on-camera interview(s) regarding the Contest, where permitted by law.BY ACCEPTING PRIZE, WINNER ACCEPTS THE INHERENTLY DANGEROUS NATURE AND RISK IN DENTAL TREATMENT AND RECEIVING DENTAL CARE, INCLUDING PERSONAL INJURY AND/OR DEATH, ACKNOWLEDGES THAT HIS/HER PARTICIPATION IN THE DENTAL PROCEDURE IS VOLUNTARY, ACKNOWLEDGES THAT THERE ARE NATURAL FACTORS AND OCCURRENCES WHICH MAY IMPACT ON OR AFFECT THE SAFETY OF THE ACTIVITIES HE/SHE IS PARTICIPATING IN AND HE/SHE ASSUMES THE RISK OF SUCH FACTORS AND OCCURRENCES AND AGREES THAT PROMOTION PARTIES SHALL NOT BE IN ANY WAY RESPONSIBLE FOR ANY RESULTING INJURY AND/OR DEATH.
- GENERAL CONDITIONS: By entering this Contest, you accept and agree to abide by the Rules of this Contest and the decisions of the Sponsor in connection with the Contest, which are final on all matters relating to the Contest. Entrants further represent and warrant that:  they own all right and title to Video; it does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; they have obtained prior permission from the videographer of the Video, if videotaped by someone other than entrant; and they hereby agree to defend, indemnify and hold harmless Sponsor, its directors, officers, employees, representative and agents from any and all liability arising from any claims to the contrary;  submission of the Entry into the Contest grants Sponsor and its assigns an unlimited, worldwide, perpetual license and right to publish and use entrant’s name, address (city and state only), voice, likeness, Video, photographs and statements about the Contest for any programming, publicity, advertising and promotional purposes, in any and all media, without limitation, and without additional compensation, except where prohibited by law;  by entering this Contest, entrants agree to release Sponsor, its directors, officers, employees, representatives and agents from any and all liability arising out of the participation in this Contest, including but not limited to claims for defamation, invasion of privacy or portrayal in a false light (whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.
- WINNER’S CONDITIONS: By accepting the Prize, winner further agrees, represents and warrants to:  release Sponsor, its directors, officers, employees, representatives and agents from any and all liability arising out of winner’s acceptance of the Prize, including without limitation, personal injury, death, and property damage;  agrees that his/her Video will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, irrevocably assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her Entry, including but not limited to any and all copyright and trademark rights which he/she may have, in the United States and worldwide;  waiver in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that winner may now or later have to their Video;  upon request of Sponsor, winner shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title, interest and Moral Rights of Author in and to the Entry, Publicity Materials and Updates, as defined herein and hereunder. Failure to request the said assignment(s) shall not constitute a waiver of Sponsor’s rights and Sponsor at a later time may request the assignment(s).
Additionally, as a condition of claiming the Prize, winner agrees, acknowledges and understands that:  he/she must allow Sponsor to take before and after photographs of winner’s teeth, allow Sponsor’s film crew to film winner’s dental makeover, which includes but is not limited to filming winner’s dental treatments and provide Sponsor with on camera interview(s) regarding the Contest (“Publicity Materials”);  all dental work constituting the Prize must commence and be completed by Dentist within sixty (60) days from the date in which the winner is notified; Dentist shall solely, and with no input from Sponsor, devise a treatment plan for winner and shall perform any work consented to in the Dentist’s treatment plan.
Refusal or inability of the winner to comply with any of the above conditions may result in disqualification as a winner or forfeiture of the Prize. Failure to keep scheduled dental appointments and/or have dental work completed within sixty days (60) from the date in which the winner is notified may result in forfeiture of the unused remaining value of the Prize. Winner is responsible for any travel and/or lodging costs associated with claiming the Prize, including the value of any time off from work or otherwise in connection with claiming the Prize.
- WINNER UPDATES: During the course of winner’s smile makeover, Sponsor may ask winner to chronicle his/her smile transformation by providing Sponsor with updates subject to the blogging guidelines provided by Sponsor (“Updates”). Updates are defined as a video blog (“Blog”) and/or photos, twitter™ “tweets,” facebook® status updates or other communication that the winner submits to Sponsor. All Updates must comply with these Official Rules. Any and all Updates provided by the winner shall be deemed Work(s) Made for Hire under the Copyright laws of the United States and shall become the property of Sponsor upon submission. Winner, if requested, shall irrevocably transfer and assign to Sponsor all his/her right, title and interests in and to his/her Updates. Winner understands and agrees that any Updates provided to Sponsor shall be deemed to have been provided on a gratuitous basis and winner is not entitled to any additional compensation, except for the Prize as defined herein.
- NOTICE: Any attempt by an individual to deliberately damage any website or undermine the legitimate operation of this Contest may be a violation of civil laws. Should such an attempt be made, Sponsor reserves the right to seek damages from any such individual to the fullest extent permitted by law.
- DISPUTES: These Rules shall be governed and construed in accordance with the laws of the State of Nevada. Any disputes arising out of these Rules shall be resolved through the Nevada Arbitration Association, Las Vegas, Nevada, and under its then existing rules governing arbitration of commercial disputes. Any award made by an arbitrator shall be binding upon the parties and may be entered into judgment in a court of competent jurisdiction. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred; including costs associated with entering this Contest, but shall not include attorneys’ fees. Entrant hereby waives all rights to claim punitive, incidental, and consequential damages and/or any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. If any provision of these Rules is deemed to be invalid or unenforceable, in whole or in part, such provision will be deemed to be modified or restricted to the extent and in the manner necessary to render the same valid and enforceable and these Rules will be construed and enforced to the maximum extent permitted by law as if such provision had been originally incorporated herein as so modified or restricted, or as if such provision had not been originally incorporated herein, as the case may be.
- WINNER’S LIST: For the name of the winner, send e-mail after January1, 2013 to [email protected], and include “Smile Contest Winner” in the subject line of the e-mail.