SOMETHING TO SMILE ABOUT HOLIDAY GIVEAWAY
1.NO PURCHASE NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
2.Eligibility. Subject to the additional restrictions below, the Something to Smile About Holiday Giveaway (the “Contest”) is open to legal residents of the state of Florida who are (i) 18 years or older at the time of entry, (ii) in good health and (iii) appropriate medical candidates for the Grand Prize procedure described below. Employees of WFTV, Inc. (“Sponsor”), Musser and Richards, LLC d/b/a Florida Dental Implants & Oral Surgery (“Promotional Partner”), and each of their respective affiliated companies, subsidiaries and advertising and promotional agencies, and the immediate family members of, and any persons domiciled with, any such employees, are not eligible to enter or to win. The term “immediate family members” includes spouses, parents, grandparents, siblings, children, grandchildren and in-laws, regardless of where they live.
3.How To Enter. The Contest entry period will begin at 12:00 p.m. (E.T.) on November 16, 2011 and end at 12:00 p.m. on December 12, 2011 (the “Contest Entry Period”). Sponsor will be the official timekeeper for the Contest.
As part of the entry process, you must compose and upload a brief original essay of 250 words or less. Your essay entry should describe your challenges of living with bad teeth and why you are particularly deserving of a full mouth restoration using implant supported teeth as a prize. You must also upload your original photo of yourself showing your teeth. Photo uploads must be in JPEG format. Your essay and photo entry must be truthful and accurate, and your essay entry must reflect your honest opinions, beliefs, and/or personal experiences about why you are in need of a dental implant procedure. You must be the only individual pictured in your photo entry.
Alternatively, you may enter by sending your brief original essay and photo entry by regular mail. You should also enclose a postcard or 3” x 5” card or piece of paper with your name, address, email address, phone number, and date of birth and mail to: Something to Smile About Holiday Giveaway, 490 East South Street, Orlando, FL 32801. All entries must be postmarked by December 12, 2011 and received no later than December 17, 2011. No facsimiles or mechanical reproductions permitted. Only one (1) entry per outer stamped envelope.
Maximum one (1) entry per person during the Contest Entry Period, regardless of method of entry.
The use of multiple identities and/or accounts is prohibited, and any attempt to obtain more than the stated number of entries will void that participant’s entries and may result in participant’s disqualification. Incomplete, forged, altered, automated, mechanically-reproduced, lost, late, postage-due, misdirected, garbled or illegible entries, or entries that do not meet any size or formatting requirements specified above, will be disqualified. Sponsor will not be responsible for failure to receive entries due to transmission failures or technical failures of any kind, including, without limitation, malfunctioning of any network, hardware or software, whether originating with sender, Sponsor, or Sponsor’s Contest application service provider. In the event of a dispute, all online entries will be deemed to have been submitted by the owner of the ISP account from which they were sent, provided that such person satisfies all other Contest eligibility requirements. For these purposes, an ISP account holder shall mean the natural person assigned to such ISP account by the Internet access provider, online service provider or other organization responsible for assigning ISP addresses for the domain associated with such ISP account.
All entries become property of Sponsor and none will be returned. Any questions regarding the number of entries submitted or the owner of an ISP account shall be determined by Sponsor in its sole discretion, and Sponsor reserves the right to disqualify any entries by persons who submit false or misleading entry information or who Sponsor determines to be tampering with or abusing any aspect of the Contest.
4.Finalist Selection and Notification Process. At the conclusion of the Contest Entry Period, a committee of judges consisting of employees of Sponsor and Promotional Partner (the “Contest Judges”) will begin to review entries in order to determine the top ten (10) most deserving candidates from among all eligible entries (each a “Finalist”). The Contest Judges will select the Finalists based on the following criteria: (1) the persuasiveness of the essay and photo (50%); (2) the demonstrated need for a dental implant procedure (50%). The contestants with the ten (10) highest cumulative scores will be designated as potential Finalists. Sponsor reserves the right to disqualify any potential Finalist that it determines, in its sole discretion, is not honestly and accurately described in his/her entry.
Each potential Finalist will be notified on or about December 19, 2011 at the telephone number provided on the potential Finalist’s entry form. In order to be officially designated a Finalist, the potential Finalists must provide Sponsor with an affidavit of eligibility, and a liability and publicity release, which must be notarized and returned within five (10) days of notification. The failure of a potential Finalist to timely return a notarized affidavit of eligibility, and a liability and publicity release may result in the potential Finalist’s disqualification and the selection of a substitute potential Finalist based upon the next highest score according to the judging criteria described above.
IN ORDER TO REMAIN ELIGIBLE FOR THE GRAND PRIZE, ALL POTENTIAL FINALISTS MUST (I) AGREE TO VISIT PROMOTIONAL PARTNER’S OFFICE IN LAKELAND, FLORIDA FOR A MEDICAL PRE-SCREENING AT A TIME TO BE DETERMINED BY SPONSOR AND/OR PROMOTIONAL PARTNER IN THEIR SOLE DISCRETION (POTENTIAL FINALISTS WILL BE RESPONSIBLE FOR THE COST OF TRAVEL TO AND FROM PROMOTIONAL PARTNER’S OFFICE), AND (II) SIGN ANY RELEASE FORMS THAT PROMOTIONAL PARTNER MAY REQUIRE. ANY FINALIST DETERMINED, IN PROMOTIONAL PARTNER’S SOLE DISCRETION, TO BE MEDICALLY UNFIT AND/OR A POOR CANDIDATE FOR THE GRAND PRIZE PROCEDURE DURING THIS MEDICAL PRE-SCREENING PROCESS WILL BE INELIGIBLE TO WIN.
IN ADDITION, IN ORDER TO REMAIN ELIGIBLE FOR THE GRAND PRIZE, EACH ELIGIBLE FINALIST MUST CONSENT TO RECORD AN INTERVIEW WITH SPONSOR AND/OR PROMOTIONAL PARTNER ABOUT HIS OR HER PARTICIPATION IN THE CONTEST. THE ELIGIBLE FINALISTS MUST CONSENT TO RECORDING THE INTERVIEW AT SPONSOR’S STUDIOS AT A TIME TO BE DETERMINED BY SPONSOR IN ITS SOLE DISCRETION. AT THE TIME OF THE INTERVIEW, THE ELIGIBLE FINALISTS MUST SIGN ANY ADDITIONAL INTERVIEW RELEASE FORMS THAT SPONSOR MAY REQUIRE. THE INTERVIEW MAY BE AIRED BY SPONSOR, IN WHOLE OR IN PART, IN A FUTURE FEATURE SEGMENT ON SPONSOR’S STATION AND/OR IN ANY PROMOTIONAL MATERIALS PREPARED FOR PROMOTIONAL PARTNER. (SPONSOR AND/OR PROMOTIONAL PARTNER SHALL HAVE THE RIGHT, BUT NOT THE OBLIGATION, TO BROADCAST AND/OR OTHERWISE USE THIS FOOTAGE.) IF AN ELIGIBLE FINALIST IS UNABLE OR UNWILLING TO PARTICIPATE IN THE INTERVIEW, OR REFUSES TO SIGN ANY ADDITIONAL INTERVIEW RELEASE FORMS THAT SPONSOR MAY REQUIRE, HE OR SHE MAY BE DISQUALIFIED, IN SPONSOR’S SOLE DISCRETION, AND A SUBSTITUTE POTENTIAL FINALIST MAY BE CHOSEN BASED UPON THE ENTRY THAT RECEIVED THE NEXT HIGHEST SCORE ACCORDING TO THE JUDGING CRITERIA DESCRIBED ABOVE.
5.Winner Selection. At the conclusion of the medical pre-screening and interview process described above, two (2) eligible Finalists will be selected as the potential Grand Prize Winners by the Contest Judges based on the following criteria: (1) medical candidacy and fitness for the dental implant procedure (50%); and (2) emotional appeal of the candidacy on video (50%). The two (2) eligible Finalists with the highest cumulative scores will be designated the potential Grand Prize Winners.
Two (2) Grand Prizes: Subject to verification of eligibility and compliance with these Official Rules, two (2) Grand Prize Winners will receive, free of charge, a full mouth restoration using implant supported teeth from Florida Dental Implants & Oral Surgery as well as any additional services and/or post-operative care customarily provided by Florida Dental Implants & Oral Surgery to a paying patient undergoing a similar dental implant procedure (actual retail value of the dental implant procedure will range between $10,000 and $40,000).
Grand Prize procedure must be coordinated with Sponsor and/or Promotional Partner and Grand Prize Winner must be willing to schedule an appointment date approximately five (5) weeks after the conclusion of the Contest Entry Period. Surgery dates are subject to availability and certain blackout dates or other restrictions may apply, as solely determined by Sponsor and/or Promotional Partner. No changes will be made to surgery appointments except at Sponsor’s and/or Promotional Partner’s sole discretion. If Grand Prize Winner can no longer undergo the Grand Prize procedure on the scheduled appointment date, then he or she may, in Sponsor’s and/or Promotional Partner’s sole discretion, forfeit the Grand Prize. The Grand Prize procedure is subject to the terms and conditions set forth in these Official Rules and those set forth by Sponsor and/or Promotional Partner in any required release forms.
Promotional Partner will perform the Grand Prize procedure to the best of Promotional Partner’s ability and in accordance with generally-accepted dental, medical and professional standards regarding such Grand Prize procedure. Grand Prize Winner acknowledges and agrees that at all times the delivery of the services in connection with the Grand Prize procedure will be subject to Promotional Partner’s professional judgment and his/her medical fitness to undergo the Grand Prize procedure and/or customary post-operative care.
Actual value of the Grand Prize may vary based on Grand Prize Winner’s condition and the nature of the dental implant procedure performed by Promotional Partner. Grand Prize Winner will not receive any credit or cash for any unused portion of the Grand Prize value. All incidental travel costs to and from the office of Florida Dental Implants & Oral Surgery in Lakeland, Florida are the sole responsibility of Grand Prize Winner. Grand Prize Winner is solely responsible for obtaining any health and/or dental insurance.
7.Winner Notification and Acceptance. The potential Grand Prize Winners will be notified on or about January 25, 2011 by Sponsor at the telephone number provided on his/her entry form.
In order to claim the prize, the potential Grand Prize Winners must respond to Sponsor’s notification within forty-eight (48) hours of notice or attempted notice.
IN ADDITION, IN ORDER TO RECEIVE THE GRAND PRIZE, THE POTENTIAL GRAND PRIZE WINNERS MUST PERMIT SPONSOR AND/OR PROMOTIONAL PARTNER TO RECORD THE ENTIRE GRAND PRIZE PROCEDURE PROCESS, INCLUDING, WITHOUT LIMITATION, PRE- AND POST-SURGERY EXAM FOOTAGE AND THE SURGICAL PROCEDURE ITSELF. THE GRAND PRIZE PROCEDURE FOOTAGE MAY BE AIRED BY SPONSOR, IN WHOLE OR IN PART, IN A FUTURE FEATURE SEGMENT ON SPONSOR’S STATION AND/OR IN ANY PROMOTIONAL MATERIALS PREPARED FOR PROMOTIONAL PARTNER. (SPONSOR AND/OR PROMOTIONAL PARTNER SHALL HAVE THE RIGHT, BUT NOT THE OBLIGATION, TO BROADCAST AND/OR OTHERWISE USE THIS FOOTAGE.) IF THE POTENTIAL GRAND PRIZE WINNER IS UNABLE OR UNWILLING TO PERMIT SPONSOR TO RECORD THE ENTIRE GRAND PRIZE PROCEDURE PROCESS, HE OR SHE MAY BE DISQUALIFIED, IN SPONSOR’S SOLE DISCRETION, AND A SUBSTITUTE POTENTIAL GRAND PRIZE WINNER MAY BE CHOSEN BASED UPON THE ENTRY THAT RECEIVED THE NEXT HIGHEST SCORE ACCORDING TO THE WINNER SELECTION JUDGING CRITERIA DESCRIBED ABOVE.
Sponsor’s inability to reach a potential Grand Prize Winner after a reasonable (as solely determined by Sponsor) effort has been made, the failure of a potential Grand Prize Winner to timely respond to a prize notification, and/or a potential Grand Prize Winner’s failure to comply with any term or condition of these Official Rules may, in Sponsor’s sole discretion, result in the potential Grand Prize Winner’s disqualification and the selection of a substitute potential winner based upon the eligible Finalist that received the next highest score according to the winner selection judging criteria. If there is no eligible Finalist, the Grand Prize will remain unawarded.
A FINALIST IS NOT A WINNER OF THE GRAND PRIZE UNLESS AND UNTIL SPONSOR HAS COMPLETED ITS VERIFICATION OF FINALIST’S ELIGIBILITY.
A Grand Prize Winner may waive the right to receive the Grand Prize. Grand Prize is non-assignable and nontransferable and cannot be redeemed for cash. No substitutions allowed by Grand Prize Winner. Grand Prize and individual components of the Grand Prize procedure are subject to availability. Sponsor and/or Promotional Partner reserve the right to substitute elements or components of the Grand Prize procedure (including, without limitation, the dental implants themselves) with an element or component of equal or greater value. Grand Prize Winner will be required to provide his/her valid Social Security Number to Sponsor for tax purposes and complete an IRS W-9 form in order to receive the Grand Prize. Grand Prize Winner is solely responsible for reporting and payment of all federal, state and local taxes on the Grand Prize value and, as applicable, will be issued an IRS Form 1099 based on the Grand Prize value as determined by Sponsor and/or Promotional Partner in their sole judgment. Grand Prize not won and claimed by eligible Finalists in accordance with these Official Rules will not be awarded and will remain the property of Sponsor.
8.Authorization. BY ENTERING THE CONTEST, YOU REPRESENT AND WARRANT THAT (I) YOUR ENTRY IS ORIGINAL, WAS LEGALLY OBTAINED AND CREATED, AND DOES NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OR OTHER LEGAL, EQUITABLE, OR MORAL RIGHTS OF ANY THIRD PARTY; (II) YOUR ENTRY IS TRUTHFUL AND REFLECTS YOUR HONEST OPINIONS, BELIEFS, AND/OR PERSONAL EXPERIENCES; (III) THE ENTRY YOU ARE SUBMITTING HAS NOT PREVIOUSLY BEEN PUBLISHED OR ACCEPTED FOR PUBLICATION AND IS NOT CURRENTLY UNDER CONSIDERATION FOR PUBLICATION; AND (IV) YOU WILL NOT DISSEMINATE OR OTHERWISE SUBMIT YOUR ENTRY TO ANY OTHER ENTITY FOR PUBLICATION.
9.Publicity Release. BY ENTERING THE CONTEST, YOU AGREE THAT SPONSOR, PROMOTIONAL PARTNER, COX MEDIA GROUP, INC., AND COX ENTERPRISES, INC., AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, SUPPLIERS, DISTRIBUTORS, ADVERTISING/PROMOTION AGENCIES, AND PRIZE SUPPLIERS AND EACH SUCH COMPANY’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “RELEASED PARTIES”) HAVE THE ABSOLUTE RIGHT AND PERMISSION TO PUBLISH YOUR ENTRY ON THE WEBSITE AND TO BROADCAST, PUBLISH, OR OTHERWISE USE YOUR ENTRY AND/OR YOUR NAME, BIOGRAPHICAL INFORMATION, AND LIKENESS IN CONNECTION WITH THE CONTEST OR FOR ANY COMMERCIAL, PUBLICITY, OR PROMOTIONAL PURPOSE WITHOUT LIMITATION, REVIEW OR APPROVAL, OR COMPENSATION TO YOU. BY ENTERING, YOU GRANT THE RELEASED PARTIES AN EXCLUSIVE, ROYALTY-FREE AND IRREVOCABLE LICENSE AND RIGHT (BUT NOT THE OBLIGATION) TO TELECAST, BROADCAST, COPY, EDIT, ADAPT, MODIFY, REPRODUCE, PUBLISH, CREATE DERIVATIVE WORKS OF, DISTRIBUTE, USE, OR OTHERWISE PUBLICLY DISPLAY ANY OR ALL OF YOUR ENTRIES, OR ANY PORTION THEREOF, IN ANY MANNER OR MEDIUM THROUGHOUT THE WORLD IN PERPETUITY, FOR COMMERCIAL, PUBLICITY, OR PROMOTIONAL PURPOSES, AND TO LICENSE OTHERS TO DO SO, WITHOUT LIMITATION, REVIEW OR APPROVAL, OR COMPENSATION TO YOU.
10.Participation. By participating, participants agree to be bound by these Official Rules and the decisions of Sponsor and any Contest judges or administrators selected by Sponsor, which are final and binding in all respects. Sponsor reserves the right to disqualify persons found tampering with or otherwise abusing any aspect of this Contest as solely determined by Sponsor. In the event the Contest is compromised by a virus, non-authorized human intervention, tampering or other causes beyond the reasonable control of Sponsor which corrupt or impair the administration, security, fairness or proper operation of the Contest, Sponsor 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, Sponsor reserves the right to award prizes based on the entries received before the termination date. Proof of sending or submission of an entry will not be deemed proof of receipt by Sponsor.
11.Indemnification. If Sponsor’s use of your entry causes Sponsor to be subject to a claim by any third party, you agree to indemnify and hold harmless the Released Parties, and all persons acting by, through, under or in concert with them, against any and all damages, costs, judgments and expenses (including reasonable attorney’s fees) which the Released Parties (or any one of them) may incur as a result of the use of your entry.
12.Release. BY PARTICIPATING IN THE CONTEST, EACH PARTICIPANT AGREES TO FULLY RELEASE, FOREVER DISCHARGE AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST ANY CLAIMS, COSTS, LIABILITIES, LOSSES, INJURIES, AND DAMAGES ARISING OUT OF THE CONTEST, INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS FOR PERSONAL INJURY, DEATH, OR DAMAGE TO OR LOSS OF PROPERTY, LOSS OF ENJOYMENT, EMOTIONAL DISTRESS, MEDICAL COMPLICATIONS, ADVERSE MEDICAL EFFECTS, INVASION OF THE RIGHT OF PUBLICITY OR PRIVACY OR ANY OTHER HARM WHATSOEVER ARISING OUT OF: (1) PARTICIPATION IN THE CONTEST; (2) THE QUALITY, RECEIPT, POSSESSION, USE, OR MISUSE OF ANY PRIZE; OR (3) ANY TRAVEL OR ACTIVITY THAT IS RELATED TO THE CONTEST OR ANY PRIZE.
13.Limitations of Liability. BY PARTICIPATING IN THE CONTEST, PARTICIPANTS ACKNOWLEDGE AND AGREE THAT EVERYTHING REGARDING THIS CONTEST, INCLUDING THE WEBSITE AND THE PRIZE(S), ARE PROVIDED “AS IS” AND THAT SPONSOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE PRIZE(S) AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE RELEASED PARTIES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.)
THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR: (1) ANY INCORRECT OR INACCURATE INFORMATION, WHETHER CAUSED BY PARTICIPANTS, PRINTING OR PRODUCTION ERRORS, OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR EMPLOYED IN THE CONTEST; (2) TECHNICAL FAILURES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO MALFUNCTIONS, INTERRUPTIONS, OR DISCONNECTIONS IN PHONE LINES OR NETWORK HARDWARE OR SOFTWARE; (3) UNAUTHORIZED HUMAN INTERVENTION IN ANY PART OF THE ENTRY PROCESS OR THE CONTEST; (4) TECHNICAL OR HUMAN ERROR WHICH MAY OCCUR IN THE ADMINISTRATION OF THE CONTEST, THE PROCESSING OF ENTRIES, OR THE NOTIFICATION OF ANY WINNER; OR (5) ANY INJURY OR DAMAGE TO PERSONS OR PROPERTY WHICH MAY BE CAUSED, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, FROM A PARTICIPANT’S PARTICIPATION IN THE CONTEST OR RECEIPT OR USE OR MISUSE OF ANY PRIZE.
Only the number of prizes stated in these Official Rules is available to be won in the Contest. In the event that production, technical, seeding, programming, or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award the prizes based upon which entries received the highest scores according to the applicable judging criteria.
14.Construction. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any such provision is determined to be invalid or otherwise unenforceable, these Official Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.
15.Sponsor. The Something to Smile About Holiday Giveaway is sponsored by WFTV, Inc. The decisions of Sponsor regarding the selection of winners and all other aspects of the Contest shall be final and binding in all respects. Sponsor will not be responsible for typographical, printing or other inadvertent errors in these Official Rules or in other materials or announcements relating to the Contest. For a list of winners (available after January 1, 2012) or a copy of these Official Rules, visit www.wftv.com or send a self-addressed, stamped envelope to “Winners List/Official Rules” (as applicable), Something to Smile About Holiday Giveaway, 490 East South Street, Orlando, FL 32801. If you have any questions regarding this Contest, please contact WFTV, Inc. at 407-841-9000.