and read the Official Rules below
Boulder Dental Designs “Car Giveaway Sweepstakes”
THIS SWEEPSTAKES IS INTENDED FOR PARTICIPATION ONLY IN THE STATE OF COLORADO AND SHALL BE CONSTRUED ACCORDING TO, AND GOVERNED EXCLUSIVELY BY, COLORADO STATE LAW. DO NOT PARTICIPATE IN THE SWEEPSTAKES IF YOU ARE NOT A LEGAL RESIDENT OF AND PHYSICALLY LOCATED IN THE STATE OF COLORADO AT THE TIME OF ENTRY OR YOU OTHERWISE DO NOT FALL WITHIN THE ELIGIBILITY REQUIREMENTS SET FORTH IN THE OFFICIAL RULES BELOW.
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. You have not yet won.
1. ELIGIBILITY: The Boulder Dental Designs “Car Giveaway” Sweepstakes (referred to as the “Sweepstakes” or the “Promotion”) is offered and open only in the state of Colorado, to individuals 18 years or older at time of entry, who are current, active patients of the Boulder Dental Designs dentistry practice in Boulder, CO who would normally recommend Boulder Dental Designs for dental services. For purposes of eligibility for this Promotion, a “current, active” patient shall be deemed to be an individual who is receiving/has received services at Boulder Dental Designs on or after September 1, 2014 and does not have an outstanding, overdue balance older than 90 days. Employees, directors and officers of Boulder Dental Designs (“Sponsor”), its parent, subsidiaries and affiliates, and their immediate family members (spouses and siblings, parents, and children including foster and step-relations) and household members (whether or not related), advertising and promotion agencies, and any companies involved in the implementation, administration or execution of the Promotion (collectively the "Promotion Entities") are not eligible. Void where prohibited.
By participating, each entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor (and its authorized representatives), which are final and binding in all matters relating to the Promotion. All determinations including but not limited to those regarding referral/entrant/entry eligibility, winner selection, disqualification, questions, interpretation, or analysis of these Official Rules, this Promotion and/or any elements thereof, are Sponsor’s sole and absolute decision and are final and binding on all entrants.
2. PROMOTION PERIOD: Promotion starts on or about 9:00 a.m. Mountain Time (“MT”) on October 1st, 2015 and ends at 5:00 p.m. MT on October 1st, 2016 (“Promotion Period”). All time referenced herein is Mountain time. Sponsor’s clock is the official time-keeping device for this Promotion.
3. HOW TO ENTER: During the Promotion Period, there are three ways to enter. (i) Referral Entries: For each distinct, eligible referral (defined below) to Boulder Dental Designs who mentions (at time of booking or services) entrant by name as the person who referred them, entrant will receive one (1) entry into the Sweepstakes (“entry”). For purposes of this Promotion, an eligible referral is an individual who is: (i) not a current, active, or past patient of record (patient) of Boulder Dental Designs (as defined above), (ii) who is referred to Boulder Dental Designs by a current, active patient (as defined above) satisfied with the services provided, and (iii) who seeks and receives services at Boulder Dental Designs on or within the Promotion Period (“eligible referral”). For example (but without limitation), an eligible referral may be: a minor (provided the eligible entrant who referred them is 18 or older), and/or a family member of an eligible entrant (provided in each instance they are not a current, active patient as defined above, or a past patient). In addition, an eligible referral may become an eligible entrant subject to compliance with these Official Rules. In the event a referral provides different, or incompatible entrant names, if deemed fair and appropriate by Sponsor, only the entrant named first will be eligible for an entry. By entering, entrants represent and warrant that they disclosed (in a sufficient manner) to a referral that they may receive a sweepstakes entry in connection with an eligible referral. For each eligible referral, entrant will receive 1 entry, up to a maximum limit of 15 entries/referrals. (ii) Facebook photo entry: visit Sponsor’s Facebook page and post an original, appropriate photograph that you took of our Boulder Dental Designs promotional car seen being driven in and around Boulder, CO (no parked car images located in and around the Meadows Shopping Center, 4770 Baseline Road, Boulder, CO 80303) (“photo”). Limit 1 entry per person via this method. (iii) To enter without referral, eligible entrants may obtain an official entry form upon request at Sponsor’s office during regular business hours, legibly hand-write all required information in blue ink, and mail entry form in SAE to: Car Giveaway Entry Request, Boulder Dental Designs, 4770 Baseline Road, Suite 310, Boulder, CO 80303. Mail in entries must be postmarked on or by 9/25/2016 and received by Sponsor on or by 10/1/2016. (Each entry request must be mailed in a separate SAE to receive 1 entry). Limit 16 entries per person, regardless of entry method used.
All referrals must have received services during the Promotion Period in order to award an eligible entry. Once submitted, referral/entry cannot be modified, deleted or cancelled. Entries become the property of Sponsor and will not be returned. Sponsor reserves the right, at its reasonable discretion to refuse, disqualify, or withdraw any entry and/or entrants, and/or referral, at any time during or after the Promotion. Without limiting the foregoing, referrals, entries, entrants that are untimely, incomplete, obscene, offensive, derogatory, that are/appear to be fraudulent, lacking good faith, are/appear not to be submitted in the spirit of the Promotion, or are otherwise non-compliant will be ineligible and void.
Photo entries in whole or in part must be original to and owned in full by entrant, and not violate or infringe upon any laws, or the proprietary or intellectual property rights, including copyrights, trademarks, patents, trade secrets, industrial property rights, personal or moral rights, or any other rights whatsoever of any person and/or entity. Photo entries must not depict, reference or display competitive dental practices, personal information/matters concerning any person without such person’s consent, encourage, promote, or appear to be lewd, obscene, reprehensible, repugnant, offensive, menacing, sexually inappropriate, overtly political, discriminatory, defamatory, highly sensitive, or depict harmful, dangerous, unsafe, daring, risky, illegal, violent, explicit, cruel, hateful activities, or otherwise unsuitable activities, does not depict a minor (unless with their parent’s consent), does not feature trademarks of any other entity, and does not otherwise offend against reasonable standards of taste and decency or for any other reason as determined solely by Sponsor (in its sole and absolute discretion).
Entrants may not enter through a sweepstakes club (or similar method), with multiple identities, IP addresses, social media accounts, e-mail and/or street addresses, nor shall entrants use cheating, fraud, misleading or inaccurate information, reproduced, simulated or copied completed entry forms, or any other device or artifice to obtain unauthorized entries, or to enter more than the permitted number of times. Any entrant who is suspected of cheating, using fraudulent or ineligible entry methods, or otherwise wrongly attempting to participate multiple times, or with multiple identities, e-mails and/or addresses will be disqualified. In the event of a dispute as to the identity of an entrant, the name provided at time of the referral’s services shall be the authorized entrant in connection with the entry that may be awarded (subject to verification of entrant). Potential winners may be required to show proof of eligibility.
Promotion Entities assume no responsibility for: lost, late, destroyed, delayed, incomplete, inaccurate, stolen, misdirected, postage-due, incomplete, noncompliant, or illegible referrals and/or entries; computer/server, telephone, network, electronic, digital, wireless or Internet hardware or software malfunctions, failures, connection problems, or unavailability; garbled, corrupt, or jumbled transmissions; browser incompatibility; service provider, Internet, Web site, user, net inaccessibility or unavailability; congestion; technical errors; unauthorized human intervention; human errors; or the delayed, incorrect or inaccurate capture of referral, entry or other information, or failure to capture any such information. Proof that you sent a mail-in request, gave a referral or otherwise provided the name of a patient to Sponsor, is not proof of its receipt or eligibility for the Promotion.
4. DRAWING & WINNER SELECTION: A random drawing will conducted by Sponsor (or its authorized representative) from among all eligible entries received on or about October 2nd, 2016 to select three potential finalists (“finalists”). The potential finalists will be notified by telephone, email or mail (at Sponsor’s discretion) on or within five (5) business days of the drawing. Potential finalists will be required to complete, have notarized and return an Affidavit of Eligibility and Liability/Publicity Release within the time specified in order to participate in the final winner-selection held at the Sponsor’s patient appreciation event anticipated to be held on or about October 8th 2016 (“Patient Appreciation Event”). Sponsor reserves the right to and may conduct a voluntary background check on any potential finalist, and such individual agrees to cooperate, to confirm eligibility and to help ensure that awarding a prize to any such individual will not bring the Promotion Entities into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Sponsor, its brands, products and services, this Promotion or the Promotion Entities as determined by Sponsor in its sole discretion. A potential finalist who refuses or fails (in Sponsor’s sole and absolute discretion) the voluntary background check will forfeit the potential prize.
Patient Appreciation Event dates, times, location and details are subject to change. At the Patient Appreciation Event, each verified finalist will be randomly assigned a number 1 through 3, and be asked to pick the prize envelope with the corresponding number. At the designated time, finalists will open their selected prize envelope in which the actual prize to be received will be clearly stated inside. Winners will receive only the prize stated inside their envelope. All finalist/winner confirmations are subject to compliance with these Official Rules and verification of eligibility. All prizes will be awarded assuming sufficient eligible entries are received.
5. PRIZE/ODDS: Grand Prize (1): a pre-driven 2014 electric Nissan LEAF® (with up to approx. 15,000 miles). Approximate retail value of prize: $15,000.00 (as determined in good faith based on the online 2016 Kelley Blue Book rating). First Prizes (2): $250 gift card. Odds of winning depend on the number of eligible entries received during the entire Promotion Period.
Nissan and Nissan Leaf are registered trademarks or trademarks of Nissan Motor Company Ltd, which is not a sponsor of, nor otherwise associated or affiliated with this promotion.
All federal, state and local taxes (which are anticipated to be significant on the Grand prize (“GP”)) are the sole responsibility of the GP winner. GP winner is solely responsible for any and all fees and/or costs including title, license, registration, and insurance incurred in claiming, registering, or using the vehicle prize. Actual color, model, features and equipment of the vehicle will be determined by Sponsor in its sole and absolute discretion. Any depiction of the vehicle in events, promotional and advertising materials in connection with the Sweepstakes is for illustrative purposes only and may not be the make or model, or have the same or similar features as the actual prize awarded. IMPORTANT NOTICE: Vehicle prize must be accepted “AS IS”. WITHOUT LIMITING ANY MANUFACTURER WARRANTIES (IF ANY), SPONSOR MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AS TO THE QUALITY OR CONDITION OF THE PRIZE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Potential GP winner will be required to present a valid, current U.S. driver’s license and proof of liability insurance (for vehicle prize) prior to taking possession of the vehicle. If winner does not provide such proof of a valid U.S. driver’s license and proof of insurance prior to taking possession of the vehicle, winner forfeits the prize (and prize will be awarded to an alternate potential winner). GP winner must take delivery of the vehicle at a location designated by Sponsor within thirty (30) days of notification that the vehicle is available. Upon prize delivery to GP winner, GP winner assumes all costs, responsibility, damages, liability and expenses relating directly or indirectly to the vehicle thereafter, and agrees to release and hold harmless the Promotion Entities from any and all threatened or actual claims, actions, responsibilities, damages, and liabilities relating thereto, now and in the future, whatever the cause. Any difference in MSRP/Kelley BBV and actual value will not be awarded in cash or otherwise.
No transfer, assignment or substitution of a prize (in whole or in part) is allowed, except Sponsor reserves the right to substitute a prize of equal or greater value. Non-monetary prizes are not redeemable for cash or otherwise. In the event that technological, programming, printing, erroneous communications, human or other error causes more than the stated number of finalists/winners/prizes as indicated in these Official Rules, to be communicated, sent as notifications, distributed, claimed or received for any prize, Sponsor reserves the right, at its sole discretion, to award only the stated prizes by random drawing among all eligible non-suspect claimants. Prize award is subject to verification of eligibility and compliance with these Official Rules.
6. GENERAL: In the event of noncompliance, if a potential winner cannot be reached on or within two (2) separate attempts, or if required Release documentation is not returned as requested, or if potential finalist/winner is or becomes ineligible or otherwise non-compliant, disqualification and prize forfeiture will result and an alternate potential finalist/winner will be selected at random provided sufficient time exists to verify a finalist prior to the event. If any prize or prize notification is returned, unclaimed, undeliverable or un-awarded for any reason beyond the control of Sponsor, the prize will be forfeited in its entirety and will not be (re)awarded. BY PARTICIPATING, TO THE FULLEST EXTENT PERMITTED BY LAW PARTICIPANTS AGREE TO RELEASE, DISCHARGE AND HOLD HARMLESS THE SPONSOR, ITS PARENT, AFFILIATES AND SUBSIDIARY COMPANIES, ADVERTISING AND PROMOTION AGENCIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, REPRESENTATIVES AND AGENTS FROM AND AGAINST ANY AND ALL ALLEGED AND/OR ACTUAL CLAIMS, ACTIONS, DEMANDS, LOSSES, SETTLEMENTS (WHETHER OR NOT LITAGATION IS COMMENCED), LIABILITIES AND DAMAGES OF ANY KIND WHATSOEVER EXISTING NOW OR ARISING IN THE FUTURE (INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PERSONAL INJURY, DEATH, DISABILITY AND PROPERTY DAMAGE OR LOSS), COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, COURT COSTS, SETTLEMENT AND DISBURSEMENTS) DIRECTLY OR INDIRECTLY ARISING IN WHOLE OR IN PART OUT OF DELIVERY, ACCEPTANCE, POSSESSION, USE OR MISUSE OF A PRIZE, PARTICIPATION IN ANY PRIZE RELATED ACTIVITIES, ACCESS TO ANY WEB SITES, AND/OR PARTICIPATION IN THIS PROMOTION OR ANY ELEMENT THEREOF. Entrants, finalists and winners covenant not to sue any released party or cause them to be sued regarding any matter released above; and further covenant not to disaffirm, limit or rescind this release. A waiver by one or more of the Promotion Entities of any term in these Official Rules does not constitute a waiver of any other provision. By entering and/or accepting a prize, entrants, finalists and winners hereby consent, where lawful, to the use by Sponsor (and its authorized third parties) of their name, image, likeness, voice, hometown, and/or biographical information in any and all media now known or hereafter developed worldwide, and on the Internet and World Wide Web, without additional compensation, and without the right of review, notification or approval.
7. LIMITATIONS OF LIABILITY: If, for any reason, the Promotion or any element thereof is not capable of running as planned for any reason, including but not limited to tampering, unauthorized intervention, fraud, cheating, technical failures, errors, or any other causes, including but not limited to those which Sponsor deems, in its sole opinion, could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion or any element thereof, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion, or any element thereof, and select the finalists/winners from eligible, non-suspect entries received prior to the action, or as otherwise may be deemed fair and equitable by Sponsor. Promotion Entities shall not be liable to finalists/winners or any other person or entity for failure to execute the Promotion or any element thereof, or supply the prizes by reason of any act of God, any action(s), regulation(s) order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, cyber attacks, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any similar or dissimilar event beyond their reasonable control.
In no event will Promotion Entities, their parents, affiliates, subsidiaries and related companies, their advertising or promotion agencies and/or all their respective officers, directors, employees, independent contractors, representatives and agents, be responsible or liable for any damages or losses of any kind, including indirect, incidental, consequential or punitive damages arising out of participation in the Promotion or any element thereof, for participation in prize related activities, or for the use, misuse of a prize.
THIS PROMOTION IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF COLORADO WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Promotion, participants agree that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with this Promotion shall be resolved individually, without resort to any form of class action, exclusively before a neutral one-person arbitration panel located in Boulder, Colorado.
8. WINNERS LIST: For the name of winner, send a self-addressed, stamped envelope to: Boulder Dental Designs, Attn: Car Giveaway Winner’s List Request, Boulder Dental Designs, 4770 Baseline Road, Suite 310, Boulder, CO 80303. Requests must be received on or by September 1st, 2016. Limit one request per person, or per household address.
9. SPONSOR: Boulder Dental Designs, 4770 Baseline Road, Suite 310, Boulder, CO 80303.