2019 GEN 8 MONTH & TRANSITIONS® ACADEMY TRIP DRAWING
TERMS AND CONDITIONS
1. Overview. The 2019 GEN 8 MONTH & TRANSITIONS® ACADEMY TRIP DRAWING (the “Program”) is sponsored by Essilor of America, Inc., 13555 North Stemmons Freeway, Dallas, TX 75234 (“Essilor” or “Sponsor”). The Drawing is an industry trade promotional program pursuant to which professional eyecare practices that meet the eligibility criteria set forth in Section 3 below may be entered into a drawing to win the opportunity for one Eligible Employee (defined in Section 6 below) to attend Transitions® Academy 2020, on a complimentary basis (i.e., without charge), as further described in Section 5 below (the “Prize”). Transitions® Academy is an educational, networking, and promotional event sponsored by Transitions Optical, Inc. (“Transitions”), an Essilor affiliate, for independent eyecare professionals, to be held from February 2-5, 2020 in Orlando, Florida.
2. Terms and Conditions. These 2019 GEN 8 MONTH & TRANSITIONS® ACADEMY TRIP DRAWING TERMS AND CONDITIONS (“Terms and Conditions”) shall govern the operation of the Program, superseding any and all terms, conditions, rules, and practices previously in effect. In the event of a discrepancy between these Terms and Conditions and any advertising or other collateral material, these Terms and Conditions shall govern.
- Eligibility. The Program is open to professional eyecare practices only (i.e., not individual professionals) that: (a) are located in one of the fifty United States or the District of Columbia;(b) share a picture of their office or staff interacting with the Transitions® Signature® GEN 8™ Point of Purchase materials or wearing the GEN 8™ T-Shirts (which can be ordered by going to http://www.essilorusa.com/gen8ecp [limit three per Eligible Practice]) or share a testimonial of recommending or dispensing Transitions® Signature® GEN 8™; (c) share the Transitions® Gen 8™ web game; and (d) are not excluded, debarred, or suspended from participation in any federal health care program (defined below) (“Eligible Practices”). 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 health care programs and plans.
Pictures and web game can be shared by posting to social media with the hashtag #GEN8Month, by sending them to the TransitionsGEN8@essilorusa.com com email address with the subject line #GEN8Month, or through the online submission form that can be found on https://www.essilorusa.com/eye-care-professionals/gen8.
To be clear, if an Eligible Practice later becomes ineligible due to Section 3(c) above, such practice will no longer be eligible to win or redeem the Prize.
4. Drawing. Each Eligible Practice that meets the eligibility criteria listed above in Section 3 will be entered once into a drawing, to occur on September 2, 2019, for a chance to win the Prize (the “Drawing”). To avoid confusion, each Eligible Practice will be limited to one entry. Five (5) Eligible Practices will be randomly selected from the Drawing to win the Prize (each a “Winning Practice”). A Winning Practice may not receive more than one Prize.
5. Prize. The Prize consists of the following: one (1) no-charge registration at Transitions® Academy 2020, and three (3) nights free-stay at the Transitions® Academy host hotel (including associated taxes, if any). Each Winning Practice shall designate one (1) Eligible Employee (defined below in Section 6) to use the Prize won by their Winning Practice. The total value of the Prize awarded to each Winning Practice shall not exceed One Thousand Two Hundred Dollars ($1200). Please note that the Prize does not include any incidental fees incurred by the Eligible Employee with respect to the hotel. Essilor will send a written confirmation of the actual monetary value of the Prize to each Winning Practice within sixty (60) days following the conclusion of Transitions® Academy 2020.
6. Eligible Employee. For purposes of the Program, an “Eligible Employee” must be (a) a bona fide employee of the Winning Practice at the time of Transitions® Academy 2020, (b) twenty-one (21) years of age or older on or before February 2, 2020, (c) a legal resident of one of the fifty United States or District of Columbia, and (d) eligible for (i.e., not excluded, debarred or suspended from) participation in all federal health care programs. To be clear, if an Eligible Employee later becomes ineligible under Section 6(c) above, such employee will no longer be eligible to redeem the Prize on behalf of the Winning Practice.
7. Notification of Winning Practice(s) and Redemption of Prize. The Winning Practices will be notified using the email address they provided or by contacting them through their means of entry (“Winner Notification”). Each Winning Practice must designate the Eligible Employee no later than September 30, 2019 by contacting Katie Broderick (Katie.Broderick@essilorusa.com) or the Prize may be forfeited, and neither the Winning Practice nor any Eligible Employee will have any cause of action or other lawful recourse for loss of the Prize. If any Winning Practice is found to be ineligible or in violation of these Terms and Conditions, such Winning Practice may be disqualified (in Sponsor’s sole discretion) and will lose any claim to the Prize for which it may otherwise have been eligible, and in such case, Sponsor reserves the right in its sole discretion to randomly select an alternate Winning Practice from the remaining Eligible Practices and following the same notification and verification process.
8. Certification Requirements for Receiving the Prize. In exchange for receiving the Prize, the Winning Practice certifies and agrees to the following:
- The Winning Practice will not sell the Prize or give the Prize to anyone other an Eligible Employee.
- The acceptance of the Prize does not impose an obligation on the Winning Practice to purchase or order any products or services from Essilor, Transitions, or their respective affiliates.
- The acceptance of the Prize does not impose an obligation on the Winning Practice to recommend the ordering or purchasing of any products or services from Essilor, Transitions, or their respective affiliates.
- To the extent that the Winning Practice or its employees, including but not limited to the Eligible Employee selected to redeem the Prize, recommend any products or services from Essilor, Transitions, or their respective affiliates, they will do so in an honest, accurate, complete, and non-coercive manner that is consistent with and honors each patient's freedom of choice and is designed to serve the patient’s best interests.
9. Communications. Eligible Practice agrees to the receipt of mail, faxes, phone calls and/or email at the numbers/emails provided in the account details for all purposes relating to the Program.
10. Marketing Release. All photos, pictures, and testimonials submitted to Sponsor by Eligible Practice become the property of Sponsor and may not be acknowledged or returned. Each Eligible Practice warrants and represents that the submitted pictures and/or testimonials: (a) are your original work and that you have all necessary rights to enter such pictures and/or testimonials into the Program, (b) have not been previously published/broadcasted; and (c) do not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. Eligible Practice authorizes Sponsor to copy, exhibit, publish or distribute the photos/pictures/testimonial statements for purposes of publicizing Sponsor’s products and services or for any other lawful purpose. These statements may be used in printed publications, multimedia presentations, on websites or in any other distribution media without further monetary or other compensation.
11. Compliance with Laws. Essilor and each Eligible Practice 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 with respect to the offer, provision, and acceptance, as appropriate, of the Prize.
12. Transparency. Each Winning Practice understands and acknowledges that it may be required―pursuant to applicable federal or state laws or regulations, including, but not limited to, the Anti-Kickback Statute, its state law counterparts, or pursuant to its contractual arrangements with third party payers―to fully and accurately report and disclose the actual value of the Prize. Toward that end, each Winning Practice covenants and agrees that it will fully and accurately report and disclose—to the relevant government authority, health care plan or program, or third party payer—the actual value of the Prize won under this Program upon request.
13. Additional Prize Conditions. The Prize does not include any item or service not specifically described herein. Sponsor is not responsible for the inability of Winning Practice or its designated Eligible Employee to use the Prize or any components of the Prize. The Prize is non-transferable, non-substitutable and may not be redeemed for cash, other than as specified herein or as authorized in Sponsor’s sole discretion. The Prize or any of its components may be subject to applicable terms and conditions, such as expiration dates, dormancy fees, redemption fees, and other terms; and, the Winning Practice and its designated Eligible Employee takes the Prize subject to all such terms.
14. Responsibility for Taxes. For all Prizes awarded in the Program, the Prize is won by and awarded to the Winning Practice, regardless of the fact that an Eligible Employee designated by the Winning Practice ultimately redeems the Prize. Accordingly, the Winning Practice is responsible for any and all federal, state or local taxes on the Prize, except as otherwise specified in these Terms and Conditions. For each Winning Practice, Sponsor will report the Prize on a 1099-MISC.
Except as otherwise specified in these Terms and Conditions, Sponsor shall charge, and Winning Practice shall pay, sales or use taxes on taxable goods and services, as required by law. Such sales or use taxes shall be included in the cost of the goods or services redeemed and/or purchased. In jurisdictions where Sponsor does not have the legal responsibility to charge and collect sales or use taxes, Winning Practice shall be responsible for paying the relevant taxes to the appropriate taxing authorities directly. Winning Practices should consult their respective tax advisers with respect to the tax consequences of winning the Prize and awarding it to one of their employees.
15. Indemnity. By participating in the Program and/or accepting the Prize, each Eligible Practice agrees to indemnify, release and hold harmless Essilor, Transitions, their respective affiliates, and their respective officers, directors, shareholders, employees, agents 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 from the Program, including, without limitation, for or from (a) the redemption of the Prize, (b) the payment or failure to pay income, sales, use or any other taxes, and
(c) publicity, rights of privacy or defamation.
16. Limitation of Responsibility. The Released Parties are not responsible for: (a) lost, late, incomplete, inaccurate, undelivered, or garbled entries in the Drawing; (b) other errors of any kind, whether human, mechanical, electronic, network, typographical, printing or otherwise, relating to or arising under the Program or the winning or redemption of the Prize; (c) any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Program; (d) any personal injury, property damage, or any other loss, injury, or damage suffered by any person relating in any way to the items or services received, in whole or in part, through redemption of the Prize; and (e) in states in which Sponsor does not have the legal responsibility to charge and collect sales or use tax, the Winning Practice’s failure to pay, in whole or in part, such sales or use tax to the applicable State taxing authority, and any penalty or interest imposed on the Winning Practice as a result of such failure.
17. Reservation of Rights. Essilor reserves the right in its sole discretion
1. To terminate the participation of any Eligible Practice in the Program.
2. To correct or amend the Terms and Conditions retroactively to the date of the Drawing.
3. To modify or cancel the entire or part of the Program for any reason.
18. Termination of Eligible Practice. The exclusion, debarment or suspension of an Eligible Practice or any of its owners from participation in any federal health care program is grounds for immediate revocation of a Practice’s eligibility to win the Prize and the Prize itself.
19. Dispute Resolution. Except where prohibited by law, Eligible Practice agrees that any and all disputes, claims, and causes of action brought or otherwise asserted by them or on their behalf against any of the Released Parties that relate to or arise under the Program 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 Program but in no event include attorneys’ fees and costs. All disputes, including those that involve the construction, validity, interpretation and enforceability of these Terms and Conditions, shall be governed by, and construed in accordance with, the laws of the State of Texas, without regard to conflicts of law principles.
20. Waiver of Certain Damages. Eligible Practice expressly waives any and all rights that it 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 the Program.
22. CAUTION. ANY ATTEMPT BY ANY PERSON OR ENTITY TO DISRUPT OR DAMAGE THE LEGITIMATE OPERATION OF THE PROGRAM OR PORTAL WILL BE PURSUED TO THE FULLEST EXTENT OF THE LAW.
©2019 Essilor of America, Inc. All Rights Reserved. Unless otherwise indicated, all registered trademarks and trademarks are the property of Essilor International and/or its subsidiaries in the United States and in other countries. Transitions and the swirl are registered trademarks of Transitions Optical, Inc., used under license by Transitions Optical Limited. Photochromic performance is influenced by temperature, UV exposure, and lens material. These products may be protected by one or more patents listed at www.essilorusa.com/patents.