Express Your Smile Clear Aligners Contest
January 16, 2017 – January 22, 2017
PRELIMINARY INFORMATION: NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. Void outside the WVIT Terrestrial Geographic Viewing Area (as defined below) and where prohibited. The Express Your Smile Clear Aligners Contest (“Contest”) will begin on January 16, 2017 at 5:00 A.M. ET and end on January 22, 2017 at 10:00 P.M. ET (“Contest Period”). All times in the Contest refer to Eastern Standard Time (“ET”). Odds of winning depend upon the number of eligible entries received. Contest is subject all applicable federal, state and local laws.
ELIGIBILITY: Open only to permanent, legal United States residents who are physically located and residing in the counties of Hartford, New Haven, New London, Tolland, Windham, Middlesex, Litchfield, and Fairfield in the state of Connecticut (collectively, the “WVIT Terrestrial Geographic Viewing Area”), and who are eighteen (18) years of age or older as of the start of the Contest Period. Officers, directors, and employees of Contest Entities (as defined below), members of these persons’ immediate families (spouses and/or parents, children, and siblings, and each of their respective spouses, regardless of where they reside), and/or persons living in the same households as these persons (whether or not related thereto) are not eligible to enter or win the Contest. Contest Entities, as referenced herein, shall include WVIT, 1422 New Britain Ave, West Hartford, CT 06107, NBCUniversal Media, LLC, 30 Rockefeller Plaza, New York, NY 10112 (collectively, “Sponsors”), Express Your Smile, LLC, 1500 New Britain Ave, West Hartford, CT 06110 (“Prize Provider”), and each of their respective parent, subsidiary, and affiliate companies, and administrative, advertising, and promotion agencies, and any other entity involved in the development, administration, promotion, or implementation of the Contest.
HOW TO ENTER: As part of your Entry (as defined below), you will be required to submit: one (1) photo of your smile (“Photo”) and an essay of one hundred fifty words (150) words or less on the following theme: “Why do you want to take your smile and make it better?” (“Statement”). Photo must have been taken by you. If any minors appear in Photo, the entrant must be that minor’s parent and/or legal guardian. Photo cannot have been created professionally. Photos with watermarks are not eligible. Statement must be original (that is, written by you) and written in the English language. Photo and Statement may collectively be referred to herein as “Submission” or “Submissions.” You must submit the Submission according to the instructions provided on the Website (defined below). You must have the permission of any person who appears or is identified or otherwise referred to in your Submission.
To enter the Contest, during the Contest Period, visit the NBC Connecticut Facebook page located at www.facebook.com/NBCConnecticut (the “Website”), access the “Click here for NBC CT Contests/Sweepstakes!” tab (“Contest Tab”), and follow the provided instructions to complete and thereafter submit the entry form, which includes your first and last name, e-mail address, Photo and Statement (“Entry”). A Facebook account is required to enter the Contest via Facebook. If you do not already have a Facebook account, you can go to https://www.facebook.com/ to create a free Facebook account. If you choose to submit a Facebook Entry via web-enabled mobile device, data rates may apply. See your wireless service provider for details on rates and capabilities.
All Entries become the property of Sponsors and will not be acknowledged or returned.
By entering the Contest, entrants grant Sponsors the non-exclusive, royalty-free, and irrevocable rights to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit the Submissions and to incorporate the Submissions in other works in any and all markets and media worldwide in perpetuity. Entrants warrant that they have the sole and exclusive right to grant such rights to Sponsors and that the Sponsors' reproduction, publishing, displaying, and/or other use of the Submissions will not infringe on any rights of third parties, including, without limitation, copyright, trademark, privacy, or publicity, or create claims for defamation, false light, idea misappropriation, intentional or negligent infliction of emotional distress, or breach of contract. If any Submissions contain material that is violent, pornographic, obscene, illegal, inappropriate, or racially or morally offensive or if any Submissions do not comply with these Official Rules or meet Sponsors’ standards for any reason, as determined by Sponsors in their sole discretion, such Submissions (and the related Entries) may be rejected as ineligible for consideration and/or deleted from the Website. Entries must comply with all applicable laws, rules, and regulations. Sponsors shall have no obligation to copy, publish, display, or otherwise exploit the Submissions.
Entries must be received before January 22, 2017 at 10:00 P.M. ET to be eligible for the Contest. Limit one (1) Entry per person/email address during the Contest Period. Multiple entries received from any person or email address beyond this limit will void all such additional entries. Sponsors’ computer shall be the official timekeeper for all matters related to this Contest. Entries that are incomplete, garbled, corrupted, or unintelligible for any reason, including but not limited to illegible handwriting, are void and will not be accepted. In case of a dispute over the identity of an entrant who made a potentially winning entry, Sponsors reserve the right to deem that the entry was made by the registered subscriber of the Facebook account used to enter. “Authorized account holder” of a Facebook account is defined as the person who is assigned to a Facebook account by Facebook. Entry constitutes permission (except where prohibited by law) to use entrant’s name, city, state, likeness, image, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval.
JUDGING: On or about January 25, 2017, one (1) or more qualified judges selected by Sponsors (“Judges”) will review all eligible Entries received during the Contest Period and select two (2) potential winners (“Winners,” each a “Winner”) based on the following judging criteria (“Judging Criteria”): Originality (50%) and Creativity (50%). The selection and review process may occur on a rolling basis as Entries are received. In the event of a tie, the Judges will break the tie by selecting the tied entrant who received the highest points from the Judges for Originality as a potential Winner. Sponsors reserve the right to extend the Contest Entry Period if the Contest does not receive a sufficient number of eligible and qualified Entries, as determined by Sponsors in their sole discretion. Sponsors may share potential Winners’ names and contact information with Contest Entities and/or any Prize Provider, as applicable, if necessary. Winners will be required as a condition of continued eligibility to sign an Affidavit of Eligibility, Waiver of Liability, and, except where prohibited, Publicity Release (collectively, “Contest Documents”) within four (4) days of such notification. Noncompliance within this time period will result in disqualification. If any potential Winner cannot be reached, is found to be ineligible, cannot or does not comply with the these Official Rules, or Prize (as defined below) or prize notification is returned as undeliverable, such potential Winner will be disqualified and Sponsors will award the Prize (defined below) to the runner-up.
PRIZE: There will be two (2) prizes awarded (“Prizes,” each a “Prize”), one (1) Prize to each Winner. Each Prize will consist of the following: one (1) Clear Aligner provided by Express Your Smile. Prize will be awarded “as is” with no warranty or guarantee, either express or implied by Sponsors.
Estimated Retail Value (“ERV”) of each Prize is one thousand seven hundred ninety-five dollars ($1,795). ERV of all Prizes is three thousand five-hundred ninety dollars ($3,590). Actual Retail Value (“ARV”) of Prizes may vary. Any difference between ERV and ARV will not be awarded. For any Prize with an ARV of six hundred dollars ($600) or more, Sponsors will furnish an Internal Revenue Service Form 1099 to Winner for the ARV of Prize for the year in which Prize was won.
Sponsors will determine all details of Prize in their sole discretion. Sponsors reserve the right to substitute Prize (or portion thereof) with a similar prize (or prize element) of comparable or greater value. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of Prize are the sole responsibility of Winner. Prize cannot be transferred by Winner or redeemed for cash and is valid only for the items detailed above, with no substitution of Prize by Winner. If Prize is unclaimed within a reasonable time after notification from Sponsors, as determined by Sponsors in their sole discretion, it will be forfeited and, time permitting, an alternate Winner may be selected from the remaining eligible entries at Sponsors’ sole discretion.
CONDITIONS: By entering the Contest, each entrant agrees for entrant and for entrant’s heirs, executors, and administrators (a) to release and hold harmless Facebook, Contest Entities and each of their respective officers, directors, and employees (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant’s participation in the Contest and/or his/her acceptance, possession, use, or misuse of Prize or any portion thereof (including any travel related thereto); (b) to indemnify Released Parties from any and all liability resulting or arising from the Contest and to hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to Prize, including express warranties provided exclusively by Prize supplier that are sent along with Prize; (c) if selected as a Winner, to the posting of such entrant’s name on Website and the use by Released Parties of such name, voice, image, and/or likeness for publicity, promotional, and advertising purposes in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval, and, upon request, to the giving of consent, in writing, to such use; and (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Contest itself, and to be bound by all decisions of the Sponsors, which are binding and final. At Sponsor’s request, potential Winner must be willing to sign an affidavit attesting that such entrant meets all of the foregoing eligibility requirements and possibly undergo a background check conducted by Sponsor. Failure to comply with these conditions may result in disqualification from the Contest at Sponsors’ sole discretion.
ADDITIONAL TERMS: Sponsors reserve the right to permanently disqualify from any promotion any person they believe has intentionally violated these Official Rules. Any attempt to deliberately damage the Contest or the operation thereof is unlawful and subject to legal action by Sponsors, who may seek damages to the fullest extent permitted by law. The failure of Sponsors to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsors (excepting compliance with applicable codes and regulations), or other “force majeure” event will not be considered a breach of these Official Rules. Released Parties assume no responsibility for any injury or damage to entrants’ or to any other person’s computer relating to or resulting from entering or downloading materials or software in connection with the Contest. Released Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of entry information; for errors in any promotional or marketing materials or in these Official Rules; for any human or electronic error; or for entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned. Sponsors reserve the right to cancel, modify, or suspend the Contest or any element thereof (including, without limitation, these Official Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Official Rules). In the event of cancellation, modification, or suspension, Sponsors reserve the right to select Winners in a random drawing from among all eligible, non-suspect entries received prior to the time of the event warranting such cancellation, modification, or suspension. Notice of such cancellation, modification, or suspension will be posted at Website. Sponsors may prohibit any entrant or potential entrant from participating in the Contest, if such entrant or potential entrant shows a disregard for these Official Rules; acts with an intent to annoy, abuse, threaten, or harass any other entrant, Sponsors, or Sponsors’ agents or representatives; or behaves in any other disruptive manner (as determined by Sponsors in their sole discretion). Sponsors reserve the right to modify these rules for clarification purposes without materially affecting the terms and conditions of the Contest.
DISPUTES: THE CONTEST IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN NEW YORK, NEW YORK. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN NEW YORK. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF NEW YORK. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
WINNER ANNOUNCEMENT: For the names of the Winners, available after January 27, 2017, send a self-addressed, stamped envelope to be received by March 27, 2017 to Express Your Smile Clear Aligners Contest, 1422 New Britain Ave, West Hartford, CT 06107, Attn: Kelly Franklin
This Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook. Entrants are providing information to Sponsors and not to Facebook.