SmileDirectClub’s World Smile Day 2022 Promotion
OFFICIAL RULES – IRELAND
PROMOTER: The Promotion is Promoted by SmileDirectClub IRL LTD, 10 Earlsfort Terrace, Dublin 2, D02 T380 Ireland (“Promoter”). The Promotion is provided by the Promoter; the Promotion is not provided by (or available from) any of the supervising dentists.
PROMOTION PERIOD: The “Promotion Period” begins at 12:00 a.m. Irish Standard Time (“IST”) on 3 October 2022 and ends at 11:59 p.m. IST on 7 October 2022. The Promoter’s Website (defined below) is the official time-keeping device for the Promotion.
ELIGIBILITY: The SmileDirectClub’s World Smile Day 2022 Promotion (the “Promotion”) is open to legal residents of the Republic of Ireland who are at least eighteen (18) years of age or have otherwise reached the age of majority in their province/territory 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 Promotion. This Promotion will not benefit individuals who would otherwise not benefit from, or be a candidate for, clear aligner treatment. Employees of Promoter or its affiliates, sales representatives, agencies, dealers, retailers, wholesalers, distributors, and promotional and other vendor agencies involved in the Promotion, 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. Promotion 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 Entrant 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 visit to a SmileShop for either a 3D image appointment or touch-up (the “Eligible SmileShop Visit”), (ii) tags Sponsor’s official account (@smiledirectclub) in the caption and (iii) includes the hashtag #SDCFreeAligners (the “Eligible Post”); and (b) follow Sponsor’s official account (@smiledirectclub) on the same social media platform as Entrant’s Social Media. Please note: (A) the Eligible Post must be published during the Eligible SmileShop Visit and confirmed in-person by a SmileGuide; and (B) 3D image appointments and/or touch-ups booked prior to, or during the Sweepstakes Period, but completed after the Sweepstakes Period, are not valid for purposes of entering the Sweepstakes. There is no charge for booking and completing the 3D image appointment; Entrant has no further obligations thereafter. 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”): Five (5) 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 Aligners (ARV: €1650) (collectively, the “Prize”). Winner will be based on valid entry within the Promotion Period.
Use of Prize is subject to, and requires entrant’s agreement and acceptance of, Promoter’s standard terms and conditions and consent (https://smiledirectclub.ie/en-ie/terms/ and https://smiledirectclub.ie/en-ie/consent/), which includes a requirement for continued routine dental care (not provided by Promoter 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 Promoter, 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 Promoter, 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 Promoter’s sole discretion. In no event shall Promoter’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, with the Entrants selected as winners being announced via Instagram Story on Sponsor’s official Instagram account (@smiledirectclub) on or about 8 October 2022. Odds of winning depend on the number of eligible Entries received during the Sweepstakes Period. Each 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 his/her eligibility has been verified and it is determined that he/she has complied with all terms of these Official Rules. Promoter 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. Promoter 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 Promotion. If Prize or any notification is returned as undeliverable, Promoter is unable to contact a potential winner, or a potential winner is not in compliance with these Official Rules, as determined by Promoter, the Prize will be forfeited, and, at Promoter’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 Promoter and/or Promoter’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 Promoter, which are final and binding in all matters. To the fullest extent permitted by law, entrants further agree to release, discharge and hold harmless Promoter and its parent companies, affiliates, subsidiaries, distributors, suppliers, and advertising and promotion agencies associated with the Promotion, and all other service agencies involved with the design, execution or fulfillment of this Promotion, and the respective directors, officers, agents and employees of each of the foregoing (collectively, the “Agents and Affiliates”) 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 Promotion and the acceptance, use, misuse or possession of a Prize (if applicable), including as set out below. Entrants who Promoter determines to have not complied with these Official Rules are subject to disqualification. Promoter reserves the right, at its sole discretion, to disqualify any entrant from this Promotion or any other promotion conducted now or in the future by Promoter or any of its affiliates if Promoter 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 Promotion, or the Website; or (c) attempting to undermine the legitimate operation of the Promotion by cheating, hacking the Website, deception, or other unfair playing practices or intending to annoy, abuse, threaten or harass any other entrants, Promoter or Promoter’s representatives.
ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, PROMOTER 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 Promoter in connection with the Promotion, will be governed by, and construed in accordance with, the laws of the Republic of Ireland.
BINDING ARBITRATION: Any controversy or claim arising out of or relating to the Promotion 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 Rules of Arbitration of the International Chamber of Commerce (“ICC”), 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 ICC. The arbitrator shall apply Irish law 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, Promoter 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 ICC, 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 Promoter 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 PROMOTION IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES. BY PARTICIPATING IN THE PROMOTION, 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 PROMOTION, 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 Promoter in connection with the Promotion, will be governed by, and construed in accordance with Irish law; 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 Dublin, Ireland.
LIMITATION OF LIABILITY: To the fullest extent permitted by law, Agents and Affiliates do not assume any responsibility for, and the entrant hereby releases and agrees to hold the Agents and Affiliates 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 Promotion, including, without limitation, the administration of the Promotion, 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 Agents and Affiliates, 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 Promotion itself; (d) failure of the Website or any operations or transmission of information during the Promotion 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 Promotion, all of which may affect a person’s ability to participate in the Promotion; (e) any typographical or other error or omission in any printing or advertising relating to the Promotion, in the administration or execution of the Promotion, 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.
Promoter 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 Promotion. Without limiting the foregoing, if for any reason the Promotion 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 Promotion, Promoter reserves the right to modify, terminate or suspend this Promotion (or portion thereof). In the event of termination, Promoter 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 Promotion winner, enquirers may send a self-addressed stamped envelope to: SmileDirectClub World Smile Day 2022 Promotion – Winner List, 414 Union Street, 8th Floor, Nashville, Tennessee 37219, United States. Requests for the Winner List should be submitted by 31 October 2022.
RULES GOVERN: The Promotion will be run in accordance with these Official Rules, which shall prevail, govern and control in the event of any inconsistency with any Promotion-related materials. These Official Rules are subject to change from time to time at Promoter’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.