SEPTEMBER 2018 ESSILOR® SUNGLASSES GIVEAWAY SWEEPSTAKES
1. Eligibility. No purchase necessary. A purchase will not improve your chance of winning. The September 2018 Essilor® Sunglasses Giveaway Sweepstakes (the “Sweepstakes”) is sponsored by Essilor of America, Inc. (the “Sponsor”), and is open to legal residents of the fifty United States or the District of Columbia, who are eighteen (18) years of age or older as of time of entry (“Eligible Participants”). Employees of Sponsor and members of such employees’ immediate families (defined as spouses, parents, children and siblings, whether biological, adopted, step or in-law, and regardless of where they reside) and persons living in the same household (whether or not related), are not eligible to enter or win. Void where prohibited, taxed or restricted by law.
2. Timing. The Sweepstakes will occur between 2:00 p.m. and 7:30 p.m. Central Daylight Time on September 16, 2018 (the “Sweepstakes Period”).
3. How to Enter. To enter the Sweepstakes, Eligible Participants must visit the Essilor booth at the Dallas Cowboys game held in AT&T Stadium in Arlington, Texas, during the Sweepstakes Period and register for the Sweepstakes. To register, you must fill out an entry form in its entirety, including your full name, phone number, mailing address and email address. You must also read and agree to abide by these Official Rules in order to be entered into the Sweepstakes. These Official Rules will be available at the booth. Limit one entry per person during the Sweepstakes Period. Entries and any other correspondence submitted to Sponsor by entrant become the property of Sponsor and may not be acknowledged or returned. Sponsor is not responsible for lost, late, illegible, incomplete, damaged, or misdirected entries or other correspondence with Eligible Participants, and such entries may be disqualified.
4. Winner Selection and Notification. Sponsor will conduct ten (10) random drawings within approximately one week of the end date of the Sweepstakes Period from among all eligible entries received to select a total of ten (10) potential prize winners. Odds of being selected depend on the number of eligible entries received. The potential winners will be notified at the email address and/or phone number provided at the time of entry, and his/her prize will be mailed to the mailing address provided at time of entry as more fully set forth below. Standard voice and data usages may apply and you agree to allow Sponsor to notify you via email and/or phone.
5. Prize Details. The verified winners will be awarded one of the following pairs of sunglasses (depending on availability):
· Ray-Ban® Aviator
· Fantial Costa®
Total maximum Approximate Retail Value for all prizes to be awarded in this Sweepstakes is $2,210. Once a potential winner has been verified as eligible based on the information provided in his/her entry form, he/she will be contacted by Sponsor (through the contact information provided in the entry form) that he/she has been selected as a winner. The prize sunglasses will be shipped within approximately six (6) weeks (at Sponsor’s cost and expense). Eligible Participants who enter the Sweepstakes understand and agree that their participation in the Sweepstakes creates no obligation: (i) to purchase or order or (ii) to recommend or arrange for the purchase or order of any product or service made or sold by Sponsor or any of its affiliates. By offering the Sweepstakes and associated prizes, Sponsor does not intend to induce any participant (i) to purchase or order or (ii) to recommend or arrange for the purchase or order of any product or service made or sold by Sponsor or any of its affiliates. This applies to all products and services, including any that may be paid for in whole or in part by a federal health care program (such as Medicare, Medicaid, or TRICARE).
The prize sunglasses are intended for your own personal use. Winners may not sell the sunglasses or submit the sunglasses for charge or reimbursement by any person or entity (including any patient, eye care practice, health care plan or program, or third party payor).
You are responsible for any and all federal, state, local and other tax liabilities, resulting from acceptance of the prize. Prizes may not be substituted for cash equivalent, assigned or transferred prior to being awarded. No prize substitutions except Sponsor may substitute a prize of equal or greater value if featured prize becomes unavailable. If a prize or prize notification is returned as undeliverable, or if a potential winner is determined to be ineligible for any reason, the potential winner will be disqualified and the prize will be forfeited. Unclaimed prizes may not be awarded.
6. Price Transparency. In the event that any winner seeks to have any of the sunglasses awarded under this Sweepstakes reimbursed in whole or in part by a federal, state, commercial or other health care or vision care program, plan or insurance, they may be required ― pursuant to applicable federal or state laws or regulations, including, but not limited to, the federal health care program anti-kickback statute, 42 U.S.C. §1320a-7b(b), or pursuant to their contractual arrangements with third party payers ― to fully and accurately report and disclose the net purchase price for all products they purchase, directly or indirectly, from Sponsor under this or any other incentive program or promotion sponsored by Sponsor. For purposes of this Sweepstakes, the term "net purchase price" means the net discounted price that the winner paid for each sunglasses purchase at issue, taking into account all discounts, rebates and free or discounted items or services, including any prizes acquired through this Sweepstakes.
7. Release and Indemnity. By entering the Sweepstakes and/or accepting a prize, you agree to indemnify, release and hold harmless Sponsor, its affiliated and parent companies, and each of their respective officers, directors, shareholders, employees, agents, contractors and representatives (collectively “Released Parties”) from any and all liability, damages, rights, claims, actions, losses, costs, expenses, including attorney's fees and expenses (collectively “Losses”) of any kind relating to or arising under the Sweepstakes, including, without limitation for or from (a) the acceptance of any prizes or discounts, and (b) publicity, rights of privacy or defamation.
8. Limitation of Responsibility. The Released Parties are not responsible for: (a) lost, late, incomplete, inaccurate, illegible, undelivered, garbled, misdirected, damaged, or lost enrollments; (b) interrupted or unavailable network, server, Internet Service Provider (ISP), website or other connections; (c) other technical failures or difficulties experienced with respect to the Sweepstakes; (d) other errors of any kind, whether human, mechanical, electronic, network, typographical, printing or otherwise, relating to or arising under the Sweepstakes or the earning or receipt of invoice discounts; (e) 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; or (f) injury or damage to any computer, phone, or network related to or resulting from enrollment or participation in the Sweepstakes.
9. Reservation of Rights. Sponsor reserves the right in its own discretion: (i) to terminate your participation in the Sweepstakes; (ii) to correct or amend the Official Rules retroactively to the start of the Sweepstakes Period; and (iii) to modify or cancel the entire or part of the Sweepstakes for any reason.
10. Dispute Resolution. Except where prohibited by law, you agree that any and all disputes, claims, and causes of action brought or otherwise asserted against any of the Released Parties that relate to or arise under this Sweepstakes shall be (a) 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; and (b) limited to actual out-of-pocket costs incurred, including costs associated with participating in this Sweepstakes but in no event attorneys' fees and costs. All disputes, including those that involve the construction, validity, interpretation and enforceability of these Official rules, shall be governed by, and construed in accordance with, the laws of the State of Texas, without regard to conflicts of law principles.
11. Waiver of Certain Damages. You expressly waive any and all rights that you may have for punitive, incidental, and consequential damages or any damages other than actual out-of-pocket costs and expenses against any of the Released Parties in any dispute that relates to or arises under this Sweepstakes.
12. CAUTION. ANY ATTEMPT BY A PARTICIPANT TO UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH PARTICIPANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
14. Winners’ List. For the names of the winner(s), please send a self-addressed stamped envelope postmarked by October 31, 2018, to Essilor of America, Inc., ATTN: Kara Barry, 2018 Essilor® Sunglasses Sweepstakes Winners’ List Request – September 16, 2018, 13555 N. Stemmons Freeway, Dallas, TX 75234.
©2018 Essilor of America, Inc. All Rights Reserved. ESSILOR is a registered trademark of Essilor International and/or its subsidiaries in the United States and other countries. All other trademarks are the property of their respective owners.