OFFICIAL RULES – UNITED STATES
SPONSOR: The Sweepstakes is sponsored by SmileDirectClub, 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 May 6, 2021 and ends at 11:59 p.m. CT on May 8, 2021.
ELIGIBILITY: The SmileDirectClub’s National Nurses Day Sweepstakes (the “Sweepstakes”) is open to 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. ONLY THOSE WHO ARE DEEMED APPROPRIATE CANDIDATES FOR CLEAR ALIGNER TREATMENT WILL BE AWARDED A PRIZE. No factors used to determine clear aligner treatment eligibility will be influenced or altered for or by this Sweepstakes. This Sweepstakes will not benefit individuals who would otherwise not benefit from, or be a candidate for, clear aligner treatment. 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, an entrant must: (i) “like” Sponsor’s official National Nurses Day Sweepstakes social media post (“Sponsor’s Post”) on Sponsor’s official Instagram (@smiledirectclub) or Facebook account (facebook.com/smiledirecteclub) (collectively, “Sponsor’s Account”); (ii) follow Sponsor’s Account; and (iii) either (a) tag a nurse or (b) if entrant is a nurse, provide a comment in the comments section of Sponsor’s Post indicating that entrant is a nurse and explaining why entrant would like to receive SmileDirectClub aligner treatment. Upon completing the foregoing steps in the manner prescribed, either the nurse tagged in Sponsor’s Post or the entrant-nurse providing the comment will receive one (1) entry into the Sweepstakes.
Limit one (1) entry per person for each social media platform. 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 email address 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.
PRIZES & APPROXIMATE RETAIL VALUE (“ARV”): One (1) potential prize winner will be randomly selected, subject to verification of eligibility and compliance with these Official Rules, to receive one (1) set of SmileDirectClub Clear Aligners (ARV: $1,950.00) and one (1) SmileDirectClub bright on™ Whitening Kit (ARV: $79.00) (collectively, the “Prize”). Total ARV: $2,029.00. Winner will be based on valid entry within the Sweepstakes Period.
Use of Prize is subject to, and requires entrant’s agreement and acceptance of, Sponsor’s standard terms and conditions and consent (https://smiledirectclub.com/terms/ and https://smiledirectclub.com/consent/), which includes a requirement for continued routine dental care (not provided by Sponsor but obtained from third party providers). The individualized treatment plan for a winner will be based on the results of either their 3D image completed at the SmileShop or their SmileDirectClub impression kit. TO RECEIVE THE PRIZE, WINNER MUST BE DEEMED ELIGIBLE FOR TREATMENT. If a winner is not eligible, the Prize will be forfeited. Winner is solely responsible for all other fees associated with Prize receipt and use, regardless of whether the Prize is used in whole or in part. Prize is awarded “as is” with no warranty or guarantee, either express or implied, in fact or in law, by Sponsor, except to the extent that these cannot be excluded by law. No transfer, assignment, cash redemption, or substitution of the Prize is permitted except by Sponsor, who reserves the right, in its sole discretion, to substitute the Prize, or a portion thereof, with a prize, or a portion thereof, of equal or greater value in the event the Prize, or a portion thereof, becomes unavailable. All Prize details are in Sponsor’s sole discretion. In no event shall Sponsor’s Prize liability exceed the ARV of the Prize for any reason. Prizes will be awarded provided it is claimed properly in accordance with these Official Rules. Prize must be redeemed in accordance with the requirements set forth below, and the SmileDirectClub impression kit or 3D image appointment must be completed no more than thirty (30) days after completing and returning the Winner Documents as set forth below. Scheduling for 3D image appointment at a SmileShop location is subject to availability and may need to be booked several days in advance.
RANDOM DRAW & ODDS OF WINNING: A random draw will be conducted from all entries received on or about May 11, 2021. Odds of winning depend on the number of eligible entries received during the Sweepstakes Period. Entrant selected as a winner will be notified within two (2) days of winner selection by email and/or phone, at Sponsor’s sole discretion, using the contact information provided by the entrant.
WINNER NOTIFICATIONS / PRIZE AWARDS / PUBLICITY CONSENT: No entrant is deemed a winner until his/her eligibility has been verified and it is determined that he/she has complied with all terms of these Official Rules. A potential winning entrant must respond to Sponsor’s Instagram or Facebook direct message within twenty-four (24) hours of first attempted notification. Sponsor is not responsible for any telecommunications issues or for change of social media account(s) subsequent to the date on which an entrant entered the Sweepstakes. If any notification is returned as undeliverable, Sponsor is unable to contact a potential winning entrant, or a potential winning entrant 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 winning entrants are subject to all requirements set forth in these Official Rules. Only three (3) alternate winners will be selected, after which the applicable Prize will remain unawarded. Acceptance of a Prize and participation in the Workout will further constitute and signify a winning entrant’s agreement and consent that Sponsor, Sponsor’s assignees, and/or Influencers may use entrant’s name, likeness, social media handle, and/or Prize information for promotional purposes in any media throughout the world 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 National Nurses Day Sweepstakes – Winner List, 414 Union Street, 8th Floor, Nashville, TN 37219. Requests for the Winner List should be submitted by June 30, 2021.
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.