Mar. 18, 2000
OFFICIAL RULES – UNITED STATES
SPONSOR: The Sweepstakes is sponsored by SmileDirectClub, LLC, 414 Union Street, 8th Floor, Nashville, TN 37219 (“Sponsor”). The Sweepstakes is provided by the Sponsor; the Sweepstakes is not provided by (or available from) any of the supervising dentists.
SWEEPSTAKES PERIOD: The “Sweepstakes Period” begins at 12:00 a.m. Central Time (“CT”) on April 1, 2022 and ends at 11:59 p.m. CT on April 30, 2022. The Sponsor’s Website (defined below) is the official time-keeping device for the Sweepstakes.
ELIGIBILITY: The SmileDirectClub’s My Smile Journey Sweepstakes (the “Sweepstakes”) is open only to current and prior SmileDirectClub clear aligner treatment customers (each a “Club Member” or “Entrant”) who are legal residents of the fifty (50) United States (including the District of Columbia) who are at least eighteen (18) years of age or have otherwise reached the age of majority in their state of residence at the time of entry. Employees of Sponsor or its affiliates, sales representatives, agencies, dealers, retailers, wholesalers, distributors, and promotional and other vendor agencies involved in the Sweepstakes, their respective parent companies, affiliates, subsidiaries, service agencies, independent contractors, and the immediate family (parent, spouse, sibling, child, grandparent, grandchild, regardless of where they reside) and household members of all such employees, are NOT eligible. Sweepstakes is subject to all federal, state, and local laws and regulations. Void where prohibited or restricted by law, rule, or regulation.
HOW TO ENTER: During the Sweepstakes Period, the Club Member must: (a) post an in-feed image or video on the Entrant’s publicly viewable social media account (limited to Facebook, Instagram, TikTok and Twitter) (in each instance, the “Entrant’s Social Media”) that (i) showcases their smile and/or documents the current stage in their Smile Journey™, (ii) tags Sponsor’s official account (@smiledirectclub) in the caption and (iii) includes the hashtag #MySmileJourney (the “Eligible Post”); and (b) follow Sponsor’s official account (@smiledirectclub) on the same social media platform as Entrant’s Social Media. Upon completing the foregoing steps in the manner prescribed, the Entrant will receive one (1) entry in the Sweepstakes (together with the Eligible Post, the “Entry”).
An Entry must comply with the Entry Guidelines detailed below. Entries made by any means which subvert the entry process will be void. Incomplete or illegible Entries will not be acknowledged. By publishing an Entry, the Entrant acknowledges that s/he has read and agrees to Sponsor’s Media Release and Terms of Service (https://smiledirectclub.com/media-release-and-terms-service/). In the event of a dispute as to who submitted an Entry, the name of the “authorized account holder” associated with Entrant’s Social Media will be deemed to be the Entrant and must comply with these Official Rules. The authorized account holder of the Entrant’s Social Media is defined as the natural person who is assigned to the account by an Internet access provider, online service provider, or other organization that is responsible for assigning email addresses or the domain associated therewith. Sponsor will not verify receipt of Entries. Proof of submission of an Entry does not constitute proof of receipt by Sponsor. Released Parties (defined below) are not responsible for Entries that are late, lost, illegible, damaged, misdirected, garbled or incomplete, altered or otherwise irregular, that contain false information, that are generated by script, macro or other automated or mechanical means, that have been submitted through illicit means or by any means which subvert the entry process or that do not conform with or satisfy any or all of the conditions set out in the Official Rules. The Entrant’s Social Media may not be shared by multiple entrants for purposes of entry into the Sweepstakes. Use of any automated program or method to enter will result in disqualification of all associated Entries and of the person and the Entrant’s Social Media responsible for such Entries.
ENTRY GUIDELINES: By submitting an Entry, Entrant represents that: (a) the Entry is, in its entirety, the Entrant’s original work; (b) the Entry does not violate or infringe upon the copyrights, trademarks, rights of privacy/publicity, or other intellectual property rights or any other rights of any person or entity; (c) the Entry is suitable for presentation in a public forum; (d) publication of the Entry via various media, including without limitation, Sponsor’s website and social media channels, will not violate or infringe on the rights of any third party; and (d) any and all statements and opinions contained in the Entry are honest, truthful, not misleading, capable of being substantiated, reflect Entrant’s actual experiences, and do not include any therapeutic and/or health claims. Entrant agrees to indemnify and hold harmless the Released Parties (defined below) from and against any claims to the contrary.
An Entry may not contain, as determined by Sponsor, in its sole discretion, any of the following:
Any Entry that does not comply with the above guidelines, or that otherwise contains prohibited or inappropriate content, as determined by Sponsor, in its sole discretion, will be disqualified. Sponsor reserves the right to waive any of the forgoing in Sponsor’s sole and absolute discretion. *LIMITED LICENSE: SPONSOR’S TRADEMARKS, LOGO AND TRADE DRESS MAY BE DISPLAYED IN THE ENTRY FOR PURPOSES OF THIS SWEEPSTAKES ONLY. NO OTHER RIGHTS IN OR TO SPONSOR’S TRADEMARKS, LOGOS OR TRADE DRESS ARE GRANTED UNDER THESE OFFICIAL RULES AND ENTRANT MAY NOT USE THE ENTRY FOR ANY PURPOSE OTHER THAN ENTERING THIS SWEEPSTAKES. Entry must not contain material that is harmful to others, such as viruses, trojan horses or other technologies that could adversely impact the Sweepstakes or any person’s computer or other device. By submitting an Entry, Entrant agrees that her/his Entry is gratuitous and made without restriction and will not place Sponsor under any obligations other than those contained in these Official Rules, that Sponsor is free to use 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 Entrant. Entrant acknowledges that, by acceptance of her/his Entry, 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 Entrant. By entering the Sweepstakes, Entrant acknowledges that s/he will not now or in the future be paid or compensated in any way for her/his Entry or for granting Sponsor any of the rights set out in these Official Rules. Entrant further acknowledges that Sponsor is not obligated to make use of any of the rights granted in these Official Rules. BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT HER/HIS ENTRY MAY BE USED BY SPONSOR ON SPONSOR’S OWNED AND OPERATED WEBSITE, EMAIL MARKETING, SOCIAL PLATFORMS AND MEDIA CHANNELS. Entrant further acknowledges that Sponsor is not obligated to post or use Entrant’s Entry. By submitting an Entry, Entrant hereby: (i) grants Sponsor, its affiliates, subsidiaries, assigns, licensees, and designees the irrevocable, perpetual, worldwide, royalty-free right and license to use, publicly and privately display, reproduce, publish, publicly and privately perform, exhibit, distribute or have distributed, transmit or have transmitted, post, broadcast, sublicense, sell, transfer, store, or otherwise make any commercial or non-commercial use of the Entry, in whole or in part, for advertising, publicity, internal presentations, communications and training materials, and any other legal purpose, in any and all media whether now known or hereafter developed, including without limitation, on the internet, without consideration, notice, inspection, review, or approval thereof; and (ii) irrevocably waives any and all claims Entrant may now or hereafter have in any jurisdiction to so-called “moral rights” or rights of droit moral with respect to the Entry or any portion thereof.
AN ENTRY POSTED TO SPONSOR’S WEBSITE OR SOCIAL MEDIA CHANNELS, IF ANY, ARE NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE 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, in its reasonable discretion, during the Sweepstakes Period, to request that any Entrant resubmit her/his Entry which fails to comply with these Official Rules.
PRIZES & APPROXIMATE RETAIL VALUE (“ARV”): Two (2) potential prize winners will be randomly selected, subject to verification of eligibility and compliance with these Official Rules, to receive (a) one (1) Smile Journey™ Premium Starter Kit (ARV: $99.00), (b) one SmileDirectClub Large Tank Water Flosser (incl. two (2) Flossing Tips) (ARV: $40.00), and (c) two (2) treatments of SmileDirectClub’s Fast-dissolving Whitening Strips (ARV: $40.00) (collectively, the “Prize”). Total ARV: $179.00. Winner will be based on valid Entries within the Sweepstakes Period.
There is no limit to the number of Entries per person, regardless of the social media platform used or method of entry. Sponsor will not verify receipt of Entries. Proof of submission of an Entry does not constitute proof of receipt by Sponsor. Released Parties (defined below) are not responsible for Entries that are late, lost, illegible, damaged, misdirected, garbled or incomplete, altered or otherwise irregular, that contain false information, that are generated by script, macro or other automated or mechanical means, that have been submitted through illicit means or by any means which subvert the entry process or that do not conform with or satisfy any or all of the conditions set out in the Official Rules. Multiple Entrants are not permitted to share the same social media account for purposes of entry into the Sweepstakes. Use of any automated program or method to enter will result in disqualification of all associated Entries and of the person/account responsible for such Entries.
RANDOM DRAW & ODDS OF WINNING: A random draw will be conducted from all Entries received, with the Entrant selected as the winner being announced on or about May 7, 2022. Odds of winning depend on the number of eligible Entries received during the Sweepstakes Period. The Entrant selected as a winner will be notified within two (2) days of winner selection by direct message on the Entrant’s Social Media.
WINNER NOTIFICATIONS / PRIZE AWARDS / PUBLICITY CONSENT: No Entrant is deemed a winner until her/his eligibility has been verified and it is determined that s/he has complied with all terms of these Official Rules. Sponsor will issue potential winner, via email, a certification of eligibility and a release of liability and publicity (where permitted) (“Winner Documents”) and potential winner must complete and return the Winner Documents within forty-eight (48) hours of first attempted notification. All deliverable components of the Prize will be sent to winner at the address they provide within approximately two (2) to four (4) weeks of verification of eligibility and compliance with these Official Rules. Sponsor is not responsible for any telecommunications issues or for change of mailing address, or email address subsequent to the date on which an Entrant entered the Sweepstakes. If Prize or any notification is returned as undeliverable, Sponsor is unable to contact a potential winner, or a potential winner is not in compliance with these Official Rules, as determined by Sponsor, the Prize will be forfeited, and, at Sponsor’s discretion, an alternate winner will be selected by random drawing from among all remaining eligible entries. All alternate potential winners are subject to all requirements set forth in these Official Rules. Only three (3) alternate winners will be selected, after which the prize will remain unawarded. Acceptance of the Prize will further constitute and signify winner’s agreement and consent that Sponsor and/or Sponsor’s assignees may use winner’s name, likeness, city and/or state/province/territory of residence, and/or Prize information for promotional purposes in any media worldwide without limitation and without further notice or compensation, except where prohibited by law.
GENERAL: By participating, Entrants agree to abide and be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters. To the fullest extent permitted by law, Entrants further agree to release, discharge and hold harmless Sponsor and its parent companies, affiliates, subsidiaries, distributors, suppliers, and advertising and promotion agencies associated with the Sweepstakes, and all other service agencies involved with the design, execution or fulfillment of this Sweepstakes, and the respective directors, officers, agents and employees of each of the foregoing (collectively, the “Released Parties”) from and against any liability, claims, losses and damages of any kind, including death, to persons or property, arising out of, or relating to, their participation in this Sweepstakes and the acceptance, use, misuse or possession of a Prize (if applicable), including as set out below. Entrants who Sponsor determines to have not complied with these Official Rules are subject to disqualification. Sponsor reserves the right, at its sole discretion, to disqualify any Entrant from this Sweepstakes or any other promotion conducted now or in the future by Sponsor or any of its affiliates if Sponsor suspects or finds Entrant to be: (a) violating the Official Rules; (b) tampering or attempting to tamper with the entry process, the operation of the Sweepstakes, or the Website; or (c) attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking the Website, deception, or other unfair playing practices or intending to annoy, abuse, threaten or harass any other Entrants, Sponsor or Sponsor’s representatives.
ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR MAY DISQUALIFY ANY SUCH INDIVIDUAL AND RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING LAWYERS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW, AND TO BAN OR DISQUALIFY AN ENTRANT FROM THIS AND FUTURE PROMOTIONS. By entering, Entrants agree that: (a) all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participants’ rights and obligations, and the rights and obligations of the Sponsor in connection with the Sweepstakes, will be governed by, and construed in accordance with, the laws of the United States.
BINDING ARBITRATION: Any controversy or claim arising out of or relating to the Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Tennessee law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty (60) days after the demand for arbitration is made, unless further extended by mutual agreement of the parties.
THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES. BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) TO THE EXTENT ALLOWED BY APPLICABLE LAW, ENTRANT WILL NOT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONETARY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO RELEVANT PORTIONS OF THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.
By entering, Entrants agree that: (a) all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, Entrants’ rights and obligations, and the rights and obligations of the Sponsor in connection with the Sweepstakes, will be governed by, and construed in accordance with, the laws of the State of Tennessee, without giving effect to any choice of law or conflict of law rules (whether of Tennessee or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than Tennessee; and (b) any matters or proceedings which are not subject to arbitration as set forth above in these Official Rules, and/or are related to entering any judgment on an arbitration award, shall take place in the State of Tennessee in Davidson County.
LIMITATION OF LIABILITY: To the fullest extent permitted by law, Released Parties do not assume any responsibility for, and the Entrant hereby releases and agrees to hold the Released Parties harmless from and against, any and all claims, actions, damages, demands and liabilities of whatever nature or kind arising out of, or in connection with, the Entrant’s participation or attempted participation in the Sweepstakes, including, without limitation, the administration of the Sweepstakes, the selection and confirmation of the winners, and the arranging for, awarding of and use of a Prize. Without limiting the generality of the foregoing, the Released Parties, to the fullest extent permitted by law, are not responsible for: (a) the incorrect or inaccurate capture of entry information for any reason; (b) late, lost, stolen, damaged, misdirected, garbled or incomplete entries, transmissions or transactions, entries that are altered or otherwise irregular, have been submitted through illicit means or do not conform with or satisfy any or all of the conditions of these Official Rules; (c) any loss, damage, or claims caused by, or in any way related to, the awarded Prize or the Sweepstakes itself; (d) failure of the Website or any operations or transmission of information during the Sweepstakes Period, including, without limitation, any problems, human, production or technical errors, lost, delayed, garbled or corrupted data or transmissions, omissions, interruptions, deletions, defects or failures of any telephone or transmission lines, technical malfunctions of any computer on-line systems, servers, access providers, computer equipment, software, failure of any e-mail or entry to be received on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof including, without limitation, any injury or damage to an Entrant’s or any other person’s computer related to or resulting from participating in or downloading any material connected to the Sweepstakes, all of which may affect a person’s ability to participate in the Sweepstakes; (e) any typographical or other error or omission in any printing or advertising relating to the Sweepstakes, in the administration or execution of the Sweepstakes, or in the announcement or notification of the Prize winner(s); (f) the security or privacy of information transmitted via computer networks or for breaches of privacy due to interference by third party computer “hackers” or otherwise; (g) any claims regarding the accepting, arranging for, awarding of or use of the Prize or any portion thereof; (h) electronic communications which are undeliverable as a result of any form of active or passive filtering of any kind; or (i) cheating or fraud by any participant. Entry material/data that has been tampered with or altered is void.
Sponsor reserves the right, at its sole discretion, to amend these Official Rules for clarification purposes, at any time, in any way, and without prior notice, without materially affecting the terms and conditions of the Sweepstakes. Without limiting the foregoing, if for any reason the Sweepstakes is not capable of running as originally planned, including should any virus, worm, bug, technical failures, unauthorized human intervention, or other causes corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes, Sponsor reserves the right to modify, terminate or suspend this Sweepstakes (or portion thereof). In the event of termination, Sponsor may select a winner from among all eligible, non-suspect entries received up to date/time of such termination, or up to the date/time of the situation warranting such termination.
WINNER LIST: For the name of the Sweepstakes winner, enquirers may send a self-addressed stamped envelope to: SmileDirectClub My Smile Journey Sweepstakes – Winner List, 414 Union Street, 8th Floor, Nashville, TN 37219. Requests for the Winner List should be submitted by May 30, 2022.
RULES GOVERN: The Sweepstakes will be run in accordance with these Official Rules, which shall prevail, govern and control in the event of any inconsistency with any Sweepstakes-related materials. These Official Rules are subject to change from time to time at Sponsor’s discretion, and only the currently posted form will apply.
SEVERABILITY: The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.