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.
The Dysport Treatment Sweepstakes (“Sweepstakes”) is open to (i) any patient of ArtfulSurgery as of November 30, 2017 (“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.
The Sweepstakes begins on November 30, 2017 at 9:00 a.m. Pacific Time and ends on March 31. 2018 at 5:00 p.m. Pacific Time (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.
Alternate Method of Entry – By Mail: An Existing Patient may also enter by filling out a standard postcard, postage prepaid, setting forth the words “A Year of Dysport Treatment 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
On or about April 2, 2018, 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.
The potential winners will be notified by phone and email. The Sponsor will attempt to notify each potential winner on or about April 3, 2018. 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”).
One Prize will be awarded – a Year’s Worth of Dysport Treatment with ArtfulSurgery. Treatments will be performed onsite at ArtfulSurgery once every three months. The first treatment must be scheduled within 45 days of awarding the Prize and the remaining three treatments must be scheduled within twelve (12) months of the first appointment.
Sponsor estimates that the value of the Prize is $1,400.00. Prize may be substituted for one year of skin care using other products offered by ArtfulSurgery up to a maximum value of $1,400.00. No other substitutions, cash alternative, or transfer of prize is permitted. No more than the stated number of prizes will be awarded.
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.
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.
To request the name(s) of the Sweepstakes winner, send either: (a) a self-addressed, stamped envelope to Sponsor at the address above Attn: DYSPORT TREATMENT WINNER. Winner list requests will only be accepted after the conclusion of the Award Period.
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.