1. Overview. The ESSILOR MISSION TRIP CONTEST (the “Contest”) is sponsored by Essilor of America, Inc. ("Essilor" or "Sponsor"). The purpose of the Contest is to recognize #DifferenceMakers in the eyecare industry (who exemplify Essilor's charitable mission of improving lives by improving sight) by allowing the Contest winners to participate in a working trip to further this mission. The Contest is an industry trade promotional program pursuant to which individuals who meet the eligibility criteria set forth in Section 5 below may win certain prizes as set forth herein. This Contest is in no way sponsored, endorsed, administered by or associated with Facebook, Instagram, or Twitter.
2. Official Rules. The ESSILOR MISSION TRIP CONTEST OFFICIAL RULES ("Official Rules") shall govern the operation of the Contest, superseding any and all terms, conditions, rules, procedures, and practices previously in effect. In the event of a discrepancy between these Official Rules and any advertising or other collateral material, the Official Rules shall govern.
3. Purpose. To avoid any confusion, the purpose of the Contest is to reward eyecare professionals (“ECPs”) who have made a difference enhancing the vision of persons in medically underserved communities and to encourage others to do so and continue to do so. The Contest is not intended, even in part, to (a) reward ECPs for the volume or value of their past or present orders/purchases from, or other business transacted with, Essilor or any of its affiliates, or (b) to induce such orders/purchases or other business in the future.
4. Contest Period. The Contest begins at 12:00:01 p.m. Central Daylight Time on October 9, 2018 and ends at 11:59:59 p.m. Central Time on November 30, 2018 (the “Contest Period”).
5. Eligible Nominees. The Contest is open for nominations of individual ECPs who are: (a) legal residents of the fifty United States or the District of Columbia, (b) at least eighteen (18) years of age as of the time of entering the Contest, and (c) not excluded, debarred or suspended from participation in any federal health care program (“Eligible Participants”). The term "federal health care program" is defined at 42 U.S.C. §1320a-7b(f) and includes Medicare, Medicaid, TRICARE and certain other government funded programs.
6. How to Enter. Individuals at least 18 years or older may nominate themselves (if an Eligible Participant) or any other Eligible Participant by filling out the required nomination and nominee information, including, but not limited to, contact information (e.g., full name, address, email, phone number). Both the nominator and the nominee must read, agree, and accept these Official Rules as instructed on www.EssilorUSA.com/Difference Markers (“Website”) and/or Sponsor email communication in order and before an Eligible Participant may be eligible to win a prize under the Contest. In the designated area on the Website, the nominator also needs to describe why the nominee should win this contest in an original essay of 500 or less words. The nominator will also be able to upload photos or videos in support his/her nomination. Entries may not be defamatory or offensive, as determined in the judges’ sole discretion, and may be removed and eliminated from the Contest based on such discretion.
By making a nomination, each nominator warrants and represents that his/her entry: (a) is his/her original work and that he/she has all necessary rights concerning the entry into the Contest; (b) has not been previously published/broadcasted; and (c) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. The nominator assigns and transfers to Sponsor all right, title and interest in his/her essay. The nominator and nominee agree to the receipt of mail, faxes, phone calls and/or email at the numbers/emails provided for all purposes relating to the Contest.
All Contest entries/essays must be received by 11:59:59 pm Central Daylight on November 30, 2018. Incomplete or illegible entries will not be honored.
7. Winner Selection. Each essay will be ranked according to the following criteria: (i) nominee’s commitment to and passion for improving lives by improving sight (75%) and (ii) nominee’s impact in this regard on community/others (25%). The three (3) nominees whose entry essays earn the highest overall scores will win. Winner selection will be conducted by a panel of three independent judges whose decisions are final. Judging will take place on or about December 15, 2018.
8. Prizes. A total of three (3) prizes will be awarded. Each prize will consist of an approximate eight (8) to ten (10) day mission trip to a country, such as Singapore or Thailand (including reasonable travel, accommodations, and meals), with an Approximate Retail Value of eight-thousand dollars ($8,000). Final destination will be disclosed on or prior to the notification of the winners. Winners may not seek to substitute or otherwise redeem or monetize their prize. In addition, the prizes are personal and cannot be transferred or assigned to others. The mission trips are anticipated to occur in late Q1 2019 to early Q2 2019. A prize winner who is unable to attend the trip for any reason will forfeit his or her prize.
9. Limitations. By agreeing to participate in the Contest, and by accepting a prize, Eligible Participant acknowledges and agrees that he or she has no obligation, and will not have any obligation, to purchase, order, recommend, or arrange for the purchase or order of Essilor products or services, or otherwise do business with Essilor or any of its affiliates. As set forth above, only the winners may attend the mission trips; specifically, spouses, significant others, friends, or family are not permitted to accompany the winners on the mission trip. Winners must agree to adhere to Sponsor’s designated itinerary and guidelines for the mission trip, including, but not limited to, attending one (1) day of training and education about Sponsor’s mission and attending and participating in at least three (3) days of volunteer work supporting to the mission.
10. Notification. Potential winners will be notified on or about December 30, 2018 via email and/or other written notice. All travel arrangements will be made solely through Sponsor and/or its designated travel agency. If a potential winner is determined to be ineligible for any reason, or if the email notification or prize is returned as undeliverable, the prize may be forfeited and awarded to an alternate winner selected at random from the remaining eligible entries received, in Sponsor’s discretion. Unclaimed prizes may not be awarded. Only the stated number of prizes (i.e., three (3)) will be awarded. All federal, state, municipal, and local taxes relating to acceptance of a prize are the sole responsibility of winner.
11. General. ALL FEDERAL, STATE, MUNICIPAL AND LOCAL LAWS AND REGULATIONS APPLY. All expenses on receipt and use of a prize are the responsibility of the individual accepting the prize. By entering the Contest and/or accepting a prize, each nominator, and each Contest entrant and winner agrees to indemnify, release, and hold harmless Sponsor, its respective advertising and fulfillment agencies, and all of their respective parent companies, subsidiaries, affiliates, and agencies, Facebook, Instagram, or Twitter, and each of their officers, directors, shareholders, employees, agents and representatives (collectively “Released Parties”) from any and all liability, costs, expenses, damages, rights, claims, actions, and losses (collectively “Losses”) of any kind incurred in connection with the Contest, including without limitation for or from (a) the acceptance, possession, use or misuse of any prize, and/or (b) claims relating to rights of publicity, rights of privacy, or defamation. The Released Parties are not responsible for (a) lost, late, incomplete, inaccurate, undelivered, misdirected, illegible, or garbled entries or prizes; (b) any other technical failures or difficulties; or (c) other errors of any kind whether human, mechanical, electronic, network, typographical, printing or otherwise relating to or in connection with the Contest or awarding of prizes, any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT OF THE LAW (AND TO DISQUALIFY SUCH PERSON FROM THE CONTEST, IF APPLICABLE). By participating in this Contest, each nominator and each Contest entrant and winner agrees to abide by and be bound by these Official Rules, and understands that the results and decisions of Sponsors are final in all respects. By accepting a prize, winners grant to Sponsors and Released Parties the right to use his or her name and city and state of residence for any lawful purpose (in any media now known or hereafter developed, without further permission or compensation, except where prohibited by law).
12. Reservation of Rights. Sponsor reserves the right in its own discretion to:
a. terminate your participation in the Contest;
b. correct or amend the Official Rules retroactively to the start of the Contest Period; and
c. modify or cancel the entire or part of the Contest (including the mission trip) for any reason.
13. Dispute Resolution/Choice of Law. Except where prohibited, each nominator and Eligible Participant agrees that: (a) any and all disputes, claims, and causes of action arising out of or relating to this Contest, the Official Rules, or the mission trip shall be resolved individually, without resort to any form of class action, and exclusively by an action in state or federal court located in the State of Texas. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of a nominator or Eligible Participant in connection with the Contest, the Official Rules, or the mission trip shall be governed by, and construed in accordance with, the laws of the State of Texas, without regard to the conflicts of law doctrine of any jurisdiction.
14. Waiver of Certain Damages. Each nominator and Eligible Participant agrees that he or she (a) shall not, under any circumstances, seek, assert, or claim a right to receive punitive, incidental, or consequential damages or attorneys’ fees and expenses in any dispute arising under or relating to the Contest, the Official Rules, or the mission trip, and (b) agrees that any and all claims, judgments, and awards arising under or relating to the Contest, the Official Rules, or the mission trip shall be strictly limited to his or her actual out-of-pocket costs incurred.
15. Compliance with Laws. Sponsor and Eligible Participant covenant and agree that they will comply with all applicable laws and regulations, including, but not limited to, the federal health care program anti-kickback statute, 42 U.S.C. §1320a-7b(b) (the "Anti-Kickback Statute"), and its state law counterparts. Sponsor and Eligible Participant further covenant and agree that participation in the Contest does not and shall not create any obligation on the part of any ECP, including, nominators and Eligible Participants to (a) purchase, order, or lease any items or services made or provided by Essilor or any of its affiliates, or (b) recommend or arrange for the purchase, order, or lease of any such items or services.
16. Winners’ List. For the names of the winners, please send a self-addressed stamped envelope postmarked by January 25, 2019, ATTN: Mission Trip Contest Team, Winners’ List Request, Essilor of America, Inc., 13555 N Stemmons Freeway, Dallas, TX 75234.