WHOLE HEALTH DENTISTRY, LLC – 2018 NEW PATIENT SWEEPSTAKES
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
BY ENTERING IN THE SWEEPSTAKES, YOU AGREE TO BE BOUND BY THESE OFFICIAL RULES, WHICH CONSTITUTE A CONTRACT, SO READ THEM CAREFULLY. WITHOUT LIMITATION, THIS CONTRACT REQUIRES MANDATORY ARBITRATION OF DISPUTES AND PROVIDES FOR A LIMITATION ON YOUR LEGAL RIGHTS AND REMEDIES. IF YOU DO NOT AGREE WITH THE TERMS OF THIS CONTRACT, DO NOT ENTER THE SWEEPSTAKES.
- INTRODUCTION: The 2018 New Patient Sweepstakes (the “Sweepstakes”) is sponsored by Whole Health Dentistry, LLC (the “Sponsor”) located at 230 N. Eastown Road, Lima, Ohio 45807. The Sweepstakes is governed by these Official Rules (the “Official Rules”). Participation in the Sweepstakes constitutes the entrant’s full and unconditional agreement to, and acceptance of, these Official Rules and the decisions of the Sponsor (including the Sponsor’s interpretation and application of these Official Rules), which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth in these Official Rules in a timely manner.
- ELIGIBILITY: The Sweepstakes is open to all natural persons who are legal residents of the United States, reside in the state of Ohio, and who, at the time of entry into the Sweepstakes, are 18 years or older. All federal, state and local laws and regulations apply.
- PROMOTION PERIOD: The Sweepstakes begins June 1, 2018 at 12:00 AM Eastern Standard Time (the “Start Date”) and ends October 26, 2018 at 11:59 PM Eastern Standard Time (the “End Date”). The period of time from the Start Date to the End Date is referred to as the “Promotion Period”.
- HOW TO ENTER: To enter the Sweepstakes, during the Promotion Period, submit either a New Patient Entry or an Alternative Entry in accordance with the following:
- New Patient Entry. All patients of Whole Health Dentistry who became a patient on or after January 1, 2018 are eligible to submit a New Patient Entry. To submit a New Patient Entry, schedule an appointment with Whole Health Dentistry, located at 230 N. Eastown Road, Lima, Ohio 45807, and submit a 3×5 index card complete with your name, address, email address, daytime phone number, and the printed words “#Ilovewholehealthdentistry” to reception at the time of your appointment (“New Patient Entry”).
- Alternative Entry. Individuals may also enter the Sweepstakes by hand printing the words “#Ilovewholehealthdentistry” and their name, address, email address, and daytime phone number on a 3×5 card and mailing it to Whole Health Dentistry, LLC, Attn: Alana Huffer, 230 N. Eastown Road, Lima, Ohio 45807 (“Alternative Entry”).
All required Entry information must be completed in full and be accurate, current, and valid. Only Entries actually received by the Sponsor during the Promotion Period are eligible. All Entries into the Sweepstakes will be deemed submitted when the Sponsor receives the entry information. Proof of mailing does not constitute proof of delivery. The Sponsor’s clock will be the official timekeeper for the receipt of all Entries into the Sweepstakes. Limit one (1) Entry per person. Each accurate and complete entry received during the Promotion Period will be considered a “Qualified Entry.” Entries that are incomplete, illegible, damaged, destroyed, false, lost, late, misdirected, damaged, postage-due, deceptive or otherwise not in compliance with the Official Rules may be disqualified. Attempts made by the same individual to submit more than one (1) Entry by using multiple or different e-mails, addresses, or otherwise may be disqualified.
- WINNER/PRIZE: On or about October 27, 2018, the Sponsor will hold the Drawing at a St. Jude Children’s Research Hospital Benefit Concert at the Ohio Theatre in Lima, Ohio, during which it will randomly select from the Qualified Entries the potential winner who will receive the prize described below. You need not be present at the drawing to win nor will being present at the drawing increase your chances of winning.
If you are the potential winner in the Sweepstakes, you will be notified by the Sponsor, within approximately two (2) business days following the Drawing, via the e-mail at the e-mail address provided in your Entry. To claim a prize, the potential winner must reply to the Sponsor within two (2) business days of such notification. If the potential winner does not respond to the Sponsor’s prize notification e-mail within two (2) business days, or if the notification is rejected, faulty, unclaimed or returned undeliverable (for any reason whatsoever) to such potential winner, the potential winner may be deemed to have forfeited the prize, and the Sponsor will have the sole and absolute discretion to select, by random drawing, another potential winner from the remaining Qualified Entries for the Drawing.
Before awarding the prize, the Sponsor may require the potential winner to furnish proof of identification and other proof of eligibility under the Official Rules and execute and return documentation such as an affidavit of eligibility, a publicity release, a release of liability, a tax acknowledgement form, and other documents as may be required by the Sponsor, each within the period of time specified by the Sponsor. If a potential winner is found to be ineligible to participate in the Sweepstakes, or is found to be in violation of the Official Rules, or fails or refuses to execute and return any documentation required by the Sponsor within the time period specified, or declines a prize for any reason, such potential winner may be deemed to have forfeited the prize, and the Sponsor will have the sole and absolute discretion to select, by random drawing, another potential winner from the remaining Qualified Entries for the Drawing.
If, for any reason, more than one person claims to be the bona fide winner of a particular prize, or more prizes are claimed than are intended to be awarded in the Sweepstakes, the Sponsor may, by a random drawing among all persons making purportedly valid claims for such prize(s), determine the winner of the prize. Inclusion in such random drawing shall be each entrant’s sole and exclusive remedy under such circumstances. In no event will more than the stated number of prizes for the Sweepstakes be awarded.
The winner must claim the prize as instructed by the Sponsor. There are no fees or charges associated with collecting the prize. The prize must be timely collected at the time and place provided by the Sponsor. If the prize is not timely picked up, it will be forfeited.
- PRIZE; PRIZE CONDITIONS: One (1) prize will be awarded in the Drawing. The prize for the Drawing is a 2018 Hyundai Elantra. The estimated retail value of the prize is $ 16,950. The prize is not transferable or assignable, and no prize may be redeemed for cash except in the sole discretion of the Sponsor. The Sponsor reserves the right to substitute the prize or any portion thereof with one of comparable or greater value at its sole discretion.
- ODDS OF WINNING: Odds of winning will depend upon the total number of Qualified Entries received.
- RELEASE: TO THE FULLEST EXTENT PERMITTED BY LAW, ALL ENTRANTS FOREVER RELEASE, HOLD HARMLESS, DISCHARGE, AND COVENANT NOT TO SUE THE SPONSOR, AS WELL AS THE SPONSOR’S OWNERS, EMPLOYEES, AGENTS, DIRECTORS, OFFICERS, SHAREHOLDERS, CONTRACTORS, SUCCESSORS AND ASSIGNS (COLLECTIVELY “RELEASED PARTIES”) FOR AND FROM ANY AND ALL CLAIMS, DEBTS, LIABILITIES, DEMANDS, OBLIGATIONS, COSTS, FEES, EXPENSES, ACTIONS, CAUSES OF ACTION WHATSOEVER, OF EVERY NATURE, CHARACTER AND DESCRIPTION (COLLECTIVELY, “CLAIMS”), KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY RELATED TO THE SWEEPSTAKES; THESE OFFICIAL RULES; ENTRANT’S ENTRY; THE NEGLIGENCE OF ANY OF THE RELEASED PARTIES; AND THE ACCEPTANCE, POSSESSION, MISUSE OR USE OF ANY PRIZE. IN ADDITION, EACH ENTRANT ACKNOWLEDGES AND AGREES THAT THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY COSTS, INJURIES, LOSSES, OR DAMAGES OF ANY KIND ARISING FROM OR IN CONNECTION WITH: (I) INCOMPLETE, LOST, LATE, MISDIRECTED OR ILLEGIBLE ENTRIES OR FOR FAILURE TO RECEIVE OR PROCESS ENTRIES DUE TO ANY CAUSE, INCLUDING WITHOUT LIMITATION, HUMAN, TRANSMISSION, OR TECHNICAL PROBLEMS, FAILURES, OR MALFUNCTIONS OF ANY KIND, WHETHER ORIGINATING WITH SENDER OR OTHERWISE, THAT MAY LIMIT AN ENTRANT’S ABILITY TO PARTICIPATE IN THE SWEEPSTAKES; OR (II) ANY INJURY OR DAMAGE RESULTING FROM PARTICIPATION IN THE SWEEPSTAKES AND/OR THE USE OR MISUSE OF A PRIZE (INCLUDING, WITHOUT LIMITATION, CLAIMS, COSTS, INJURIES, LOSSES AND DAMAGES RELATED TO PERSONAL INJURIES, DEATH, DAMAGE TO, LOSS OR DESTRUCTION OF PROPERTY, OR ANY CLAIMS, COSTS, INJURIES, LOSSES, OR DAMAGES RELATED TO OR BASED ON THE ENTRANT’S RIGHTS OF PUBLICITY OR PRIVACY, OR THE ENTRANT’S CLAIM THAT HE OR SHE HAS SOMEHOW BEEN DEFAMED OR PORTRAYED IN A FALSE LIGHT.) ENTRANT REPRESENTS AND WARRANTS THAT HE OR SHE OWNS AND/OR HAS THE AUTHORITY TO RELEASE THE CLAIMS STATED HEREIN.
FACEBOOK, INC. AND ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES AND EMPLOYEES (COLLECTIVELY, THE “FACEBOOK ENTITIES”) WILL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY CLAIM ARISING IN CONNECTION WITH PARTICIPATION IN THIS SWEEPSTAKES OR ANY PRIZE AWARDED. THE FACEBOOK ENTITIES HAVE NOT OFFERED OR SPONSORED THIS SWEEPSTAKES IN ANY WAY.
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL AN ENTRANT OR A WINNER BE PERMITTED TO OBTAIN AWARDS FOR, AND EACH ENTRANT AND WINNER HEREBY WAIVES ALL RIGHTS TO CLAIM, INDIRECT, PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES ARIZING OUT OF OR RELATED IN ANY WAY TO THE SWEEPSTAKES; THESE OFFICIAL RULES; ENTRANT’S ENTRY; THE NEGLIGENCE OF ANY OF THE RELEASED PARTIES; AND THE ACCEPTANCE, POSSESSION, MISUSE OR USE OF ANY PRIZE.
- TAXES, FEES AND EXPENSES: All costs and expenses associated with a winner’s acceptance and use of the prize not specified herein as being provided as part of the prize, including but not limited to titling fees, license plate charges, insurance, and other expenses incurred by accepting or using the prize, are the sole responsibility of the winner. The prize winner is solely responsible for reporting and paying all applicable federal, state, and local taxes related to the prize. The value of the prize awarded to a winner will be reported for tax purposes as required by law. A winner may be required to submit his/her social security number or taxpayer ID to the Sponsor in order to claim a prize. An IRS Form 1099 will be issued in the name of a winner for the prize. If a winner does not provide his/her social security number or taxpayer ID as requested by the Sponsor, then the winner will no longer be eligible to receive the prize and the prize will be forfeited.
- PUBLICITY: By participating in the Sweepstakes, each entrant irrevocably grants the Released Parties the right to use each such entrant’s name, address (city and state), photograph, likeness, image, video, biographical information, and any written or oral comments about the Sweepstakes or prizes in any and all media and form for any purpose, including, without limitation, advertising and promotional purposes, without further compensation, and each entrant hereby releases the Released Parties from any liability with respect thereto, except where prohibited.
- RESERVATIONS: The Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Sweepstakes at any time for any reason in its sole discretion. All participants, as a condition of entry, agree to abide by and be bound by these Official Rules. The Sponsor reserves the right to permanently disqualify and/or revoke a prize from any person it believes has violated these Official Rules or has acted in a manner that is, in the Sponsor’s discretion, offensive, harassing, threatening, repugnant, or violent at any time. Entrants further agree to not knowingly damage or cause interruption of the Sweepstakes and/or prevent others from using the Sweepstakes. All decisions of the Sponsor shall be final and entrants waive any right to challenge any decisions made by the Sponsor.
- GOVERNING LAW/VENUE: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of the entrants, Sponsor or Released Parties in connection with the Sweepstakes shall be governed by and construed in accordance with the laws of the State of Ohio without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws, and any matters or proceedings which are not subject to arbitration as set forth in these Official Rules and/or for entering any judgment on an arbitration award, shall take place in courts located in Allen County, Ohio.
- BINDING ARBITRATION: Except with respect to the protection and enforcement of the intellectual property rights of the Released Parties and their rights to seek and/or obtain injunctive or equitable relief therefore, any claim, cause of action or proceeding arising out of or relating to these Official Rules or the Sweepstakes shall be resolved by mandatory, binding arbitration in Lima, Ohio administered by the American Arbitration Association under its Commercial Arbitration Rules (the “Arbitration Rules”). The U.S. Arbitration Act shall govern the interpretation, enforcement and proceedings pursuant to the Arbitration Rules. The arbitrator shall be selected pursuant to the Arbitration Rules. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the Arbitration Rules and procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor the Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty (60) days after the demand for arbitration is made, unless further extended by mutual agreement of the parties.
THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES AND THE ARBITRATION RULES.
BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.
- COPY OF OFFICIAL RULES OR WINNER LIST: For a copy of the Official Rules or a list of the winner after the end of the Sweepstakes, please send a self-addressed, stamped envelope to: Whole Health Dentistry, LLC, Attn: Alana Huffer, 230 N. Eastown Road, Lima, Ohio 45807.
- SEVERABILITY: If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
- SPONSOR: Whole Health Dentistry, LLC, 230 N. Eastown Road, Lima, Ohio 45807.
- FACEBOOK ADVERTISING. Although this sweepstakes may be advertised on the Facebook pages of either Sponsor or another, this sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook. Participants are providing their information to the Sponsor and not to Facebook. The information a Participant provides will only be used by the Sponsor. By entering, Participants provide a complete release of Facebook from any and all responsibilities implied or provided by the Sponsor and acknowledge and affirm that this sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook.