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1. NO PURCHASE NECESSARY TO ENTER OR TO WIN. A purchase will not increase your odds of winning. All federal, state, local and municipal laws and regulations apply. Void where prohibited.
2. Sponsors. Gonzales Orthodontics’ Ultimate Smile Makeover is sponsored by Dante A. Gonzales, DMD,MSD, Inc. Selection of winners and all other aspects of the Contest shall be final and binding on entrant in all respects. Neither Dr. Dante Gonzales nor Dante A. Gonzales, DMD,MSD, Inc. will be responsible for typographical, printing or other inadvertent errors in these Official Rules or in other materials relating to the Contest. If you have any questions regarding this Contest, please contact Dear Doctor at 925-828-2244 or email info@drdantegonzales.com
3. Eligibility. Gonzales Orthodontics’ Ultimate Smile Makeover Contest is open to individuals 18 years or older at the time of entry and is only open to legal residents of the 50 United States and District of Columbia. This Contest is void outside the 50 United States and the District of Columbia, and where prohibited. Employees of Dante A. Gonzales, DMD,MSD, Inc. and the immediate family members of, and any persons domiciled with such employees, are not eligible.
4. Entry. The Contest begins at 12:01 a.m. (E.S.T.) on September 1st, 2017 and all entries must be received by 11:59 p.m. (E.S.T.) on June 30, 2018. Individuals may enter this Contest by filling out the Official Entry Form. An individual can nominate himself or another that he or she feels is deserving a smile makeover. Any entry must submit answers to the questions asked about the nominee.
5. Prizes and Odds. One Grand Prize Winner will receive an “Ultimate Smile Makeover package” (approximate retail value $3,000 – $7,000 and will be selected by a committee formed by Dante A. Gonzales, DMD,MSD, Inc. Finalists will be chosen on or about July 1st, 2018. Grand Prize Winner will be selected from the 10 selected finalists. Grand Prize Winner may receive the following services: Orthodontic Treatment only. Any other dental service needed before or after said orthodontic treatment will be the responsibility of the Grand Prize Winner.
6. Winner Notification and Acceptance. Finalists will be notified by phone, email, and/or U.S. mail. If a potential winner does not respond to notification (with all requested information) within ten (21) days, such potential winner will be disqualified and an alternate winner selected. All finalists for the Grand Prize Winner will need to be screened with an orthodontic examination which will include photos, x-rays, and an intraoral examination to determine if they are good candidates for orthodontic treatment. Forfeiture of prize and the selection of an alternate (provided sufficient eligible entries are received) winner may result from any of the following: entrant: (1) fails to respond to a notification (with all requested information) within the required time; (2) is sent an email notification that is returned as undeliverable after three (3) attempts; (3) fails to complete and return a required Affidavit of Eligibility and Liability and Publicity Release (and any other documents, if requested) within the required time; (4) is sent a prize notification/documentation that is returned as undeliverable for any reason; (5) is deemed ineligible or cannot be notified or contacted; (6) is unable to provide satisfactory proof that he/she is the authorized account holder of the email address (7) is not available to have procedures performed on the dates and times specified by Dante A. Gonzales, DMD,MSD,Inc.; or (8) is unable to complete any dental or periodontal treatment needed before orthodontic treatment can commence.
Winners are solely responsible for reporting and payment of any taxes on prizes. Winner will be solely responsible for all necessary travel and other expenses incurred in connection with accepting the treatment. Winner will be solely responsible for any and all necessary dental or medical treatment beyond orthodontic treatment.
Winners will be required to sign and return an Affidavit of Eligibility and a Liability and Publicity Release which must be returned within 21 days following the date of first attempted notification. Prizes not won and claimed by eligible winners in accordance with these Official Rules will not be awarded.
7. Participation. By participating, entrants agree to be bound by these Official Rules and the decisions of the committee. Dante A. Gonzales, DMD,MSD, Inc reserves the right to disqualify persons found tampering with or otherwise abusing any aspect of this Contest as solely determined by Dante A. Gonzales, DMD, MSD,Inc. In the event the Contest is compromised by a virus, non-authorized human intervention, tampering or other causes beyond the reasonable control of Dante Gonzales, DMD, MSD, Inc. which corrupts or impairs the administration, security, fairness or proper operation of the Contest, Dante Gonzales, DMD, MSD,Inc. reserves the right in its sole discretion to suspend, modify or terminate the Contest. Should the Contest be terminated prior to the stated expiration date, Dante A. Gonzales, DMD, MSD, Inc. reserves the right to award prizes based on the entries received before the termination date.
8. Copyright. By entering the Contest, each entrant grants to Dante A. Gonzales, DMD, MSD, Inc. and Contest Sponsors an exclusive, royalty-free and irrevocable right and license to publish, print, edit or otherwise use the entrant’s submitted entry, in whole or in part, for any purpose and in any manner or media now known or hereinafter developed (including, without limitation, the Internet) throughout the world in perpetuity, and to license others to do so, all without limitation or further compensation. If his/her entry is selected as the winning entry, entrant will sign any additional license and release that Dante A. Gonzales, DMD, MSD, Inc. and Contest Sponsors may require to provide that Dante A. Gonzales, DMD, MSD, Inc. and the Contest Sponsors, may use entrant-winner’s name, biographical information, address, picture/photograph likeness (including before, during and after photographs), video footage and/or voice, for advertising and promotional purposes without further consideration to entrant-winner in connection with entrant-winner’s use and acceptance of the prize.
9. Limitations of Liability. By entering the Contest, entrant agrees that (1) any and all disputes, claims, and causes of action arising out of or in connection with the Contest, or any prizes awarded, shall be resolved individually without resort to any form of class action, and entrant waives his or her right to a jury trial for such disputes, claims, and causes of action; (2) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event attorneys’ fees; and (3) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses. BY ACCEPTING THE PRIZE, THE WINNER AGREES THAT DEAR DOCTOR, CONTEST SPONSORS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, WILL HAVE NO LIABILITY WHATSOEVER FOR, AND WILL BE HELD HARMLESS BY WINNER FOR ANY LIABILITY FOR ANY INJURY, LOSS OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING DEATH, AND PROPERTY, DUE IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE OR PARTICIPATION IN THIS CONTEST OR PARTICIPATION IN ANY CONTEST OR PRIZE RELATED ACTIVITY.
10. Construction. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any entrant and Dante A. Gonzales, DMD,MSD, Inc. or Sponsors, shall be governed by, and construed in accordance with the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. If any such provision is determined to be invalid or otherwise unenforceable, these rules shall be construed in accordance with their terms as if the valid or enforceable provision was not contained therein.
11. General Release. By entering the Contest, entrants release Dante Gonzales, DMD, MSD, Inc., Contest Sponsors and any other promotional sponsors, and each of their respective affiliated companies, directors, officers, employees, representatives, partners and agents from any liability whatsoever for any claims, costs, injuries, losses or damages of any kind arising out of or in connection with the Contest or with the acceptance, possession or use of any prize (including, without limitation, claims, costs, injuries, losses or damages related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light).
