Nespresso Restylane Sweepstakes

Conveniently located to serve the areas of Lafayette, CA and East Bay

OFFICIAL RULES

NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. CHANCES OF WINNING DEPENDANT ON NUMBER OF ENTRIES. ALL FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID IN RHODE ISLAND AND WHERE PROHIBITED BY LAW.

ELIGIBILITY

The Nespresso Restylane Sweepstakes (“Sweepstakes”) is open to (i) any patient of ArtfulSurgery as of April 3rd, 2019 (“Existing Patient”) and (ii) potential patients referred by Existing Patients who schedule a consultation during the Sweepstakes Period who are adult legal residents of the fifty (50) United States (except Rhode Island) and the District of Columbia at the time of entry. Employees of Sponsor (as defined below) and other companies associated with the promotion of the Sweepstakes, and their respective parents, subsidiaries, affiliates and advertising and promotion agencies, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee, are not eligible.

The Sweepstakes is sponsored by Elizabeth Slass Lee, PC d/b/a ArtfulSurgery (“Sponsor”), located at 3800 Mt Diablo Blvd. Suite 102, Lafayette, CA 94549.

AGREEMENT TO OFFICIAL RULES

Entry in the Sweepstakes constitutes entrant’s full and unconditional agreement to and acceptance of those Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon being compliant with these Official Rules and fulfilling all other requirements set forth herein and/or required by applicable law.

PLEASE NOTE SPONSOR IS REQUIRED BY LAW TO DISCLOSE UPON REQUEST THE NAMES OF ANY WINNER OF THE SWEEPSTAKES. BY ENTERING THE SWEEPSTAKES YOU ARE AGREEING TO HAVE YOUR NAME DISCLOSED.

SWEEPSTAKES PERIOD

The Sweepstakes begins on April 3rd, 2019 at 9:00 a.m. Pacific Time and ends after all Prizes are awarded to winners (the ” Sweepstakes Period”). Entries that are completed before or after the Sweepstakes Period will be disqualified. Submissions will be accepted for the duration of the Sweepstakes Period.

HOW TO ENTER

You may enter (or be entered into) the Sweepstakes in either of the following ways:
Existing Patient Referral: If an Existing Patient refers a patient to ArtfulSurgery that had not previously had been a patient of ArtfulSurgery (“New Patient”) and (i) the New Patient has an appointment, office visit, office consultation, and/or preliminary over-the-phone consultation with ArtfulSurgery during the Sweepstakes Period and (ii) identifies the Existing Patient as the referral source, the Existing Patient and New Patient will each receive one entry into the Sweepstakes. There is no charge for the preliminary over-the-phone consultation. Existing Patient may receive an additional entries for additional New Patients referred. For example, if Existing Patient refers a total of three (3) New Patients, Existing Patient will receive a total of three (3) entries.

Alternate Method of Entry – By Mail: An Existing Patient may also enter by filling out a standard postcard, postage prepaid, setting forth the words “Nespresso Restylane Sweepstakes”, your first and last name, address, city, state, zip code, e-mail address, and birth date and mailing it to ArtfulSurgery, 3800 Mt Diablo Blvd. Suite 102, Lafayette, CA 94549.

Limited to one (1) submitted entry per person for the duration of the Sweepstakes Period, regardless of method of submission, except that if an Existing Patient refers multiple New Patients, he or she will be entered for each qualified New Patient. Entries received in excess of the stated limitation will be void. All entries become the property of the Sponsor and will not be acknowledged or returned.
NO PURCHASE IS NECESSARY.

PRIZE DRAWING; ODDS OF WINNING

After April 3rd, 2019, weekly drawings will be held in which the Sponsor will select the potential winner by number. Each entry in the sweepstakes will be assigned a number in which it is received. Numbers are assigned to every entry, whether it is sent online, by mail, or through another entry method. On the drawing date, a number from 1 to the last entry number is chosen by random from among all eligible entries received. The odds of being selected depend on the total number of eligible entries.

WINNER NOTIFICATION

The potential winners will be notified by phone and email. The Sponsor will attempt to notify each potential winner within 72 hours of selection. If any potential winner cannot be contacted within five (5) business days after the date of the first attempt to contact him/her, or is disqualified for any reason, the Sponsor may select an alternate potential winner in his/her place at random from the remaining non-winning, eligible entries. Only 3 alternate drawings will be held, after which the prize will remain un-awarded.
Each winner will be required to complete, electronically sign and submit a Declaration of Compliance and an Authorization of Disclosure under the Health Insurance Portability and Accountability Act with respect to the name of the winner, in form as provided by Sponsor, within ten (10) business days of the date notice or attempted notice is first sent, in order to claim his/her prize.
If a potential winner cannot be contacted, or fails to submit the Declaration of Compliance within the required time period, that potential winner forfeits the prize. Potential winners must continue to comply with all terms and conditions of these Official Rules and with applicable law, and winning is contingent upon fulfilling all such requirements. All federal, state and local laws and regulations apply. All taxes, fees, and surcharges on the prize and all expenses not explicitly included in the description of the prize above are the sole responsibility of the prize winner. Sponsor will take reasonable steps to ensure that all prizes are fulfilled within approximately thirty (30) calendar days after the conclusion of the Sweepstakes (the “Award Period”).

PRIZES

Prizes will be awarded – one Nespresso VertuoPlus machine per drawing – while supplies last. Prizes must be claimed by May 31st, 2019. Winners to contact Galderma or Nespresso, who will be sending Prizes to winners, to provide information required for Prize shipping and delivery. If winner is unable to provide the required information, winner agrees to forfeit Prize. Sponsor is not responsible for Prize shipping, Prize delivery, Prize shipment acceptance, or lost, damaged, or stolen Prizes. Winner acknowledges that there may be delays in delivery and shipping of Prizes and agrees to contact Galderma, Nespresso, and shipping company or companies, in regards to Prize shipping, Prize delivery, Prize shipment acceptance, or lost, damaged, or stolen Prizes.
Sponsor estimates that the value of the Prize is $179.00. No other substitutions, cash alternative, or transfer of prize is permitted. No more than the stated number of prizes will be awarded.

GENERAL CONDITIONS

In the event that the operation, security, or administration of the Sweepstakes is impaired in any way for any reason, including, but not limited to fraud, virus, bug, worm, unauthorized human intervention or other technical problem, or in the event the Sweepstakes is unable to run as planned for any other reason, as determined by Sponsor in its sole discretion, the Sponsor may, in its sole discretion, either (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules or (b) terminate the Sweepstakes and, in the event of termination, award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment. The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. This reserved right is in addition to, and not in lieu of, any other rights and remedies available to Sponsor either in equity or at law.
Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision.

RELEASE AND LIMITATIONS OF LIABILITY

BY ENTERING THE SWEEPSTAKES, ENTRANTS AGREE TO RELEASE AND HOLD HARMLESS THE SPONSOR, OTHER COMPANIES ASSOCIATED WITH THE SWEEPSTAKES, EACH OF THEIR RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES AND ADVERTISING AND PROMOTION AGENCIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES, AND AGENTS (THE “RELEASED PARTIES”) FROM AND AGAINST ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR IN CONNECTION WITH ENTRY OR PARTICIPATION IN THE SWEEPSTAKES OR RECEIPT OR USE OF THE PRIZE, INCLUDING, BUT NOT LIMITED TO: (A) ANY TECHNICAL ERRORS ASSOCIATED WITH THE SWEEPSTAKES OR LOST, LATE, ILLEGIBLE, MISDIRECTED, DAMAGED, INCOMPLETE, INCORRECT OR POSTAGE-DUE MAIL OR ENTRIES; (B) UNAUTHORIZED HUMAN INTERVENTION IN THE SWEEPSTAKES; (C) MECHANICAL, NETWORK, ELECTRONIC, COMPUTER, HUMAN, PRINTING OR TYPOGRAPHICAL ERRORS; OR (D) ANY OTHER ERRORS OR PROBLEMS IN CONNECTION WITH THE SWEEPSTAKES, INCLUDING, WITHOUT LIMITATION, ERRORS THAT MAY OCCUR IN THE ADMINISTRATION OF THE SWEEPSTAKES OR THE ANNOUNCEMENT OF THE WINNER. ENTRANT FURTHER AGREES THAT IN ANY CAUSE OF ACTION, THE RELEASED PARTIES’ AGGREGATE LIABILITY WILL BE LIMITED TO THE GREATER OF $10.00 OR THE COST OF ENTERING AND PARTICIPATING IN THE SWEEPSTAKES, IF ANY, AND IN NO EVENT, SHALL THE ENTRANT BE ENTITLED TO RECEIVE ATTORNEYS’ FEES OR COSTS OF COURT. RELEASED PARTIES ARE ALSO NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE INFORMATION, WHETHER CAUSED BY SITE USERS, TAMPERING, HACKING, OR BY ANY EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SWEEPSTAKES. SPONSOR HEREBY EXPRESSLY DISCLAIMS, AND ENTRANT HEREBY EXPRESSLY WAIVES, TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, THE RIGHT TO CLAIM ANY PUNITIVE, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES, HOWSOEVER CAUSED, AND REGARDLESS OF THE LEGAL THEORY ON WHICH SUCH CLAIM MAY BE BASED.

DISPUTES

Except where prohibited, each entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate state or federal courts located in Alameda and Contra Costa County, California, and submits to the personal jurisdiction of such courts, waiving any and all objection thereto, including without limitation objection based on forum non conveniens. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of California, without giving effect to any choice of law or conflict of law rules which would cause the application of the laws of any jurisdiction other than California.

PRIVACY

Information collected from entrants is subject to Sponsor’s privacy policy.

WINNER LIST

To request the name(s) of the Sweepstakes winner, send either: (a) a self-addressed, stamped envelope to Sponsor at the address above Attn: NESPRESSO RESTYLANE WINNERS. Winner list requests will only be accepted after the conclusion of all Award Periods.

DISCLAIMER

This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Facebook or any other media used to promote the Sweepstakes or its winner. You understand that you are providing your information to the owner of this Sweepstakes and not to Facebook or any other social entity and release any and all such entities from all liability associated with this promotion.

ADDITIONAL INFORMATION FROM GALDERMA & NESPRESSO

CHOOSE THE BELOW REDEMPTION METHOD EASIEST FOR YOU
HOW TO REDEEM OVER THE PHONE:
• Call the Nespresso Club (877.776 6601).
• Provide the Coffee Specialist with the eligible machine that you would like to redeem. Refer to the eligible machines listed below.
• The value of the machine will be deducted from your order.
• Your order will qualify for free shipping.

ONLINE THROUGH NESPRESSO.COM
Note: To redeem through nespresso.com – you will need to place an order of at least one coffee sleeve.
• Visit Nespresso.com and complete a new Nespresso Club Member account registration or log into your existing account.
• Add one of the eligible machines from the list below to your basket.
• Add at least one sleeve of coffee to your order.
• At checkout, enter the Web Promo code in the ‘Promo code’ held.
• The value of the machine will automatically be deducted from your basket.
• Your order will qualify for free shipping.

Eligible machines: VertuoPlus Grey, VertuoPlus Red, VertuoPlus White

TERMS & CONDITIONS Visit your health care professional to receive a treatment with a Restylane family dermal filler and receive one (1) voucher card good for a Nespresso VertuoPlus machine (ARV: $179), while supplies last. Then, reference the card (and the promo code listed thereon) between March 1, 2019 and May 31. 2019 (the “Redemption Period”) online, or over the phone to redeem the Nespresso VertuoPlus machine. Limit one (1) promo code per person/household. If you redeem this offer at Nespresso.com. you will not be able to use the code for redemption through phone. In order to redeem online, you must add minimum of one sleeve of coffee to your basket. No purchase is necessary to redeem over the phone. In the event of unavailability of any machine, Nespresso reserves the right to substitute the item with another item of equal or greater value. Item will be shipped within 2 weeks of verification. Offer only open to legal residents the 50 U.S /D.C., who are adult patients who receive a treatment with a Restylane family dermal filler in accordance with the product’s FDA-approved indication and labeling. This offer is not available to patients who are (i) employees of Nestle Skin Health. Galderma, Nespresso USA, already discounted partners, or a participating healthcare provider or (ii) the spouses of such individuals. This offer cannot be redeemed by healthcare providers on behalf of their patients. Any questions relating to eligibility, these Terms and Conditions or any other questions concerning this offer will be resolved at the sole discretion of Nespresso, and its decisions will be final and binding. No requests for exchanges, or cash equivalent for the Nespresso VertuoPlus machine or the promo code will be considered and no substitutions will be made. No responsibility is assumed by the Nespresso or its affiliates for cancelled, delayed, suspended or rescheduled delivery. No groups, clubs, corporations, companies, partnerships, or organizations may participate in this Offer or reproduce or distribute any portion of these Terms and Conditions to their members. Customer will be responsible for any applicable taxes. Offer cannot be combined with any other Nespresso discounts or promotions. Offer will not be processed without a valid promo code and is not transferrable, and may not be sold, auctioned or bartered. Use of the code for unauthorized advertising, marketing or other promotional purposes is strictly prohibited. Codes are void if (a) not obtained in accordance with these Terms and Conditions through legitimate channels; or (b) any part of the code is counterfeit, altered, defective, tampered with or irregular in any way. In the event you receive a defective code, your sole remedy (and Nespresso’s sole liability) is to replace the defective code with another code during the Redemption Period (while supplies last). The code must be redeemed by the end of the Redemption Period. Codes must be obtained legitimately. Void where prohibited or restricted. When redeeming the Offer online, it may not be applied towards coffee sleeves previously purchased or exchanged. This Offer may not be published without Nespresso permission. Fraudulent or duplicate requests are void and will not be fulfilled. Offer cannot be applied towards Nespresso Business Solutions accounts or products. Nespresso is a registered trademark of Societe des Produits Nestle S.A., Vevey, Switzerland.