OFFICIAL TERMS & CONDITIONS
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF BEING SELECTED.
OPEN ONLY TO ELIGIBLE LEGAL RESIDENTS OF THE UNITED STATES OF AMERICA WHO RESIDE IN OR NEAR OMAHA, NEBRASKA, AND WHO ARE AT LEAST 18 YEARS OLD AS OF THE DATE OF APPLYING, OR BY A PARENT APPLYING ON BEHALF OF THEIR CHILD. THIS PROGRAM IS VOID WHERE PROHIBITED. APPLICANTS MUST BE STUDENTS, OR PARENTS OF STUDENTS, WHO ARE ATTENDING ELEMENTARY SCHOOL, JUNIOR HIGH SCHOOL, OR HIGH SCHOOL IN THE NEXT 12 MONTHS.
READ THESE OFFICIAL TERMS & CONDITIONS CAREFULLY AS YOU WILL BE BOUND BY THEM.
- ELIGIBILITY: The “Smiling with the Stars” (“Program”) is open only to legal residents of the United States of America, who reside in or near Douglas County, Nebraska, and who are at least eighteen (18) years old as of the date of application, or by a parent applying on behalf of their child. The program is void where prohibited. Applicants must be students, or parents of students, who are attending or preparing to attend elementary school, junior high school, or high school in the next 12 months. Officers, directors, and employees (and members of their household or immediate family, i.e., spouse, parent, child, sibling, grandparent, the “steps” of each and members of each of their households) of Braces Omaha (“Sponsor”), Sponsor and each of their respective parent companies, affiliates, subsidiaries, promotion, marketing, advertising, digital and web design agencies (collectively, “Program Entities”) and other individuals or entities associated with the creation, administration, implementation, and execution of this Program are ineligible to apply. In order to maintain eligibility throughout the Program, an Applicant must abide by these Official Terms & Conditions and maintain appropriate decorum befitting the reputation and values of Sponsor and must not otherwise engage in any conduct which would embarrass Sponsor or bring Sponsor into public disrepute or ridicule, or which would insult or offend the public or any segment thereof.
- HOW TO APPLY: Between 2/3/2021 at 11:59 PM CT and 3/4/2021 at 11:00 AM CT (“Submission Period”), an Applicant must follow the instructions to complete the required registration information, including his/her name, year of birth, valid email address, telephone, and city and state of residence; if being completed by a parent of a child under 18, the child’s name and date of birth are also required. Additionally, at such time, an Applicant must then follow the instructions to submit the required responses (“Responses”) as further described in Section 3 below (collectively, the “Submission”). If desired, applications can be submitted by visiting the Sponsor’s location, filling out a paper form, and returning it to Sponsor in person or by mail to 14441 Dupont Ct, Ste 301, Omaha, NE 68144. All Submissions must be received by 3/4/2021 at 11:59 PM CT.
Limit: Only one (1) Submission per Applicant during the Program regardless of the email address used. Submissions received from any person, email address, or household in excess of the stated limit will be void. Applicants may only use one (1) email address to apply for the Program.
NOTE: Once a Submission has been submitted, it may not be deleted, edited, or modified. All Submissions become the property of the Sponsor and will not be returned.
- SUBMISSION REQUIREMENTS: In order to be eligible to participate in the Program, an Applicant must submit a submission consisting of a response that complies with the requirements stated below:
An Applicant must provide a Response to the questions listed in the online or printed application.
(A) Additional Applicable Submission Requirements:The Submission, in its entirety:
- Must be the Applicant’s original creation (an original creation is the product of one’s own mind, is not a copy or imitation, and is not the result of trade secret misappropriation);
- Must be entirely in English;
- Must not include hyperlinks to content on other sites or media;
- Must not have been previously submitted in any Program or promotion or published in any media;
- Must not contain content that is unlawful, in violation of, or contrary to federal, state, or local laws;
- Should not contain material that, either explicitly or implicitly, mentions, depicts, shows, refers, or otherwise alludes to the name or logo, trademark, or service mark of any third party, individual, company, entity, product, or brand other than Sponsor’s.
- Must not contain any material or references that violate or infringe upon a third party’s rights, including but not limited to privacy, publicity, or intellectual property rights, nor may it in any way infringe upon a third party’s copyright or trademark rights;
- Must be in good taste as determined by Sponsor in their sole discretion;
- Must not contain language or contents that in any way disparages or defames or in any way reflects negatively upon the Sponsor, their practice or products or any person or entity as determined by Sponsor in their sole discretion;
- Must not contain content that is inconsistent with Sponsor’s marketing practices;
- Must not contain, mention, refer, or otherwise allude to any obscene, lewd, violent, illegal, offensive, hateful, disparaging, or inappropriate words, language, symbols, signs, or abbreviations;
- Must not advocate or denigrate any political or societal beliefs;
- Must not contain, mention, refer, or otherwise allude to any political or religious references, statements, or symbols;
- Must not contain words or symbols that may be considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation, age, or socioeconomic group; and
- Must not in any way promote alcohol, illegal drugs, or tobacco (or the use of any of the preceding).
NOTE: Applicants understand and acknowledge that Sponsor, in their sole discretion, after its good faith consideration and review of a Submission in its totality, reserve the right to accept, edit, modify, or reject a Submission. Additionally, Sponsor reserves the right at any time during the Program and thereafter to disqualify any Submission that Sponsor determines, in their sole discretion, does not comply with these Official Terms & Conditions or otherwise contains, or uses, prohibited or inappropriate content, and the Applicant may also be disqualified from participation in the Program.
- PROGRAM EVALUATION, SELECTION & VERIFICATION PROCESS: Only Submissions from eligible Applicants as defined in Section 1 above whose Submissions are in compliance with Section 3 will be included for selection as stated herein. The Program will consist of one (1) round of evaluation. Evaluators may be referred to herein collectively as “Program Evaluators.”
(A) ROUND ONE EVALUATION PERIOD: All eligible Entries received by Sponsor by 3/4/2021 at 11:59 PM CT will be evaluated and assigned points by a panel of Program Evaluators comprised of Sponsor’s designated administrative, marketing, and professional experts in accordance with the following criteria:
Responses will be judged, evaluated, and assigned a number of points based on the following:
- Applicant’s story about what makes them smile.
Evaluation will take place on approximately 3/5/2021. Applicants must receive a minimum of a combined total of twenty (20) points from the Evaluators in order to be deemed to be Semi-Finalists, subject to verification.
(B) ROUND TWO – SEMI-FINALIST EVALUATION PERIOD, SEMI-FINALIST RESPONSIBILITIES: Within approximately seven (7) business days after being notified of being a Semi-Finalist, all Semi-Finalists will receive from Sponsor the date(s) on which she/he is to appear at Sponsor’s offices for a medical/dental examination and a potential Interview with Sponsor and its representatives (“Examination & Interview”), which Sponsor may record or videotape. The medical Examination and the Interview may be held on the same or different days. At the time of such Examination & Interview, Semi-Finalists will be required, among other things:
- To read, sign and return to Sponsor at the time of his/her Interview and Examination, an Affidavit of Eligibility/Compliance & Publicity/Liability Release (“Affidavit & Release”). Failure to properly sign and return said Semi-Finalist Affidavit & Release may result in disqualification of the potential Semi-Finalist;
- To complete and furnish Sponsor with a medical/dental history questionnaire as requested and provided by Sponsor, and
- To allow Sponsor and/or its professional representatives to conduct a complete clinical dental examination as they determine necessary, including but not limited to all X-rays of an Applicant’s teeth and mouth. All travel and out-of-pocket expenses incurred for a potential Semi-Finalist to attend and or participate in such meetings, interviews, medical/dental examinations shall be solely the responsibility of each Semi-Finalist; and
- To promptly comply with all other reasonable requests of Sponsor.
Failure to comply with the above requirements will eliminate a Semi-Finalist from participation in the Program. Semi-Finalists acknowledge that they have been informed that their Interview(s) will be recorded and videotaped for evaluation purposes.
(C) SELECTION OF THE RECIPIENT OF THE ORTHODONTIC TREATMENT: On or about 4/9/2021, the Evaluators, comprised of Sponsor’s designated administrative, marketing, and professional experts, will select the finalist from the qualifying applications.
The name of the potential Recipient will be determined on or about 4/16/2021, and Sponsor will notify the potential Recipient either in person, by email, and/or by telephone at such time. The decisions of the Program Evaluators and Sponsor shall be final and binding in all matters pertaining to the evaluation and selection process. Potential recipients acknowledge that they will be the subject of a background check by Sponsor or their representative so that their selection as the Recipient will not embarrass or in any way reflect negatively on Sponsor or the Program and that they agree to the performance of said background check.
If the recipient of the program has some reason that an orthodontic treatment should not be performed, is already being treated, or is deemed a high-risk situation at the doctor’s discretion, the recipient is automatically disqualified from receiving orthodontic treatment.
- “THE ORTHODONTIC TREATMENT”: The Recipient, if needed and medically appropriate, will receive orthodontic treatment (“Orthodontic Treatment”) dependent upon his/her orthodontic needs, as determined by the Round One Evaluators in their best professional judgment. Approximate Retail Value (“ARV”): $1,500 to $10,000, depending on the treatment provided. All expenses not specified above, such as travel to and from Sponsor’s professional offices for all meetings, examinations, orthodontic appointments, and follow-up appointments, meals, etc., are solely the Recipient’s responsibility. Sponsor has no responsibility for the Recipient’s inability or failure to accept or utilize the Orthodontic Treatment as described herein. NOTE: In order to be awarded the Orthodontic Treatment, the Finalist must dutifully keep all appointments at times mutually agreed to by the Recipient and Sponsor and otherwise cooperate and follow Sponsor’s medical/dental/orthodontic instructions or the Orthodontic Treatment will be deemed forfeited without any further responsibility by Sponsor to the Recipient. In addition to the previously signed Semi-Finalist Affidavit & Release, the potential Recipient may be asked to sign a Recipient Affidavit & Release as provided by Sponsor. Failure to sign and return the Recipient Affidavit & Release by the date specified in the letter of notification may result in forfeiture of the Orthodontic Treatment. The Recipient may be issued a Form 1099 for tax purposes in the amount of the actual value of the orthodontic services provided and must submit his/her Social Security Number or Taxpayer ID Number, as required by law. The Orthodontic Treatment is not redeemable for cash, nor is it transferable or substitutable except by Sponsor with one of equal or greater value. All federal, state, and local taxes are solely the responsibility of the Recipient.
- RESPONSIBILITIES OF ENTRANT:
(A) REPRESENTATIONS/WARRANTIES AS CONDITIONS OF ENTRY/PARTICIPATION IN PROGRAM: By participating in this Program, an Applicant represents and warrants that: (i) she/he is of the legal capacity to participate in this Program; (ii) she/he owns all rights and title to his/her Submission and the Submission is solely his/her own original work; (iii) the Submission does not infringe the intellectual property, privacy, publicity rights, or any other legal or moral rights of any third party. Additionally, an Applicant represents and warrants that throughout his/her participation in this Program, she/he will conduct himself/herself in an appropriate manner and not engage in any behavior or manner that would embarrass Sponsor or Program Entities, or reflect negatively on Sponsor’s practice, service or products.
(B) GRANTS/WAIVERS: By submitting a Submission, an Applicant assigns to Sponsor, their affiliates, legal representatives, assistants, agents, and licensees an irrevocable, exclusive, unlimited, unconditional, royalty-free, fully paid-up and perpetual license to copy, transmit, publish, post, broadcast, display, adapt, exhibit, reproduce, encode, store, and/or otherwise use, reuse, or not use his or her Submission or any portion of the Submission, as submitted or as edited/modified in any way by the said licensees, in their sole discretion in the Program in any and all media without limitation, worldwide and throughout perpetuity, without additional compensation, notice to or approval from the Applicant. Applicant understands and agrees that although she/he has granted the above-stated licensee to use or reuse his Submission or any portion thereof as stated hereinabove, Sponsor in its sole discretion may elect not to so use said Submission. THE APPLICANT REPRESENTS, UNDERSTANDS, AND ACKNOWLEDGES THAT SHE/HE WILL NOT BE PAID FOR OR RECEIVE ANY FORM OF COMPENSATION OR ROYALTY IN EXCHANGE FOR GRANTING SPONSOR THESE RIGHTS OR FOR ANY SUBSEQUENT USE OF SUCH SUBMISSION OR ANY PORTION THEREOF BY SPONSOR OTHER THAN ANY ORTHODONTIC TREATMENT SHE/HE MAY RECEIVE HEREIN. The Applicant waives all intellectual property rights, privacy/publicity rights, or other legal or moral rights that might limit or preclude Sponsor’s use of the Submission or any portion thereof or use of any recordings, photos or videos taken during the Interviews & Examination, Orthodontic Treatment, or follow-up interviews and appointments and agrees not to sue or assert any claim against Program Entities arising out of or connected to the use of any of the aforementioned or any portion thereof.
(C) INDEMNIFICATION/RELEASE: By submitting a Submission, the Applicant agrees to indemnify and hold harmless the Program Entities from any and all claims, damages, expenses, costs (including reasonable attorneys’ fees) and liabilities (including settlements) brought or asserted by any third party against any of them due to, or arising out of, the Submission or his/her conduct in creating the Submission or other actions in connection with this Program, including, but not limited to, claims for trademark infringement, copyright infringement, work product, violation of an individual’s right of publicity or right of privacy, or defamation. The Applicant further agrees to release and hold harmless the Program Entities from any and all claims that any advertising subsequently produced, presented, and/or prepared by or on behalf of Sponsor infringes his/her rights with regard to the Submission and/or any portion thereof.
- INTERNET/LIMITATIONS OF LIABILITY: No liability or responsibility is assumed by Sponsor or Program Entities resulting from an individual’s participation in or attempt to participate in the Program. The Program Entities are not responsible for interrupted or unavailable network server or other connections; for miscommunications; failed telephone or computer transmissions; for jumbled, scrambled, or misdirected entries or transmissions; for phone, electrical, network, computer hardware or software or program malfunctions, failures or difficulties; for other errors, omissions, interruptions or deletions of any kind, whether human, mechanical or electronic; or for any damage to any person’s computer related to participating in the Program. The Program Entities are not responsible for incorrect or inaccurate information, whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Program; or for any technical or human errors that may occur in the processing of any information in the Program. Persons found tampering with or abusing any aspect of the Program, as solely determined by Sponsor, may be disqualified and may be subject to prosecution. Any person attempting to apply using multiple email addresses, multiple identities, or any other device or artifice to apply multiple times or to interfere with the proper play of the Program may be disqualified from participation in the Program. Additionally, any use of robotic, automatic, macro, programmed, third-party or like methods to participate in the Program will void any attempted participation effected by such methods and may lead to the disqualification of the individual utilizing the same. Sponsor reserves the right to disqualify any individual found, in its sole opinion, to be tampering with the operation of the Program, to be acting in violation of these Official Terms & Conditions or to be acting with the intent to disrupt the intended operation of the Program. If Sponsor, in their sole discretion, determines that the Program is not or may not be capable of running as intended because of viruses, bugs, non-authorized human intervention, an insufficient number of Applicants, Semi-Finalists or the Recipient not being in compliance with these Official Terms & Conditions, or any other causes that corrupt or interfere or may corrupt or interfere with the administration, security, fairness or proper play and/or intended execution of the Program, Sponsor reserves the right, in its sole discretion, to modify, suspend, cancel or terminate the Program and proceed in a manner deemed fair and appropriate by Sponsor.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR ANY RELATED WEBSITE OR UNDERMINE TO THE LEGITIMATE OPERATION OF THE PROGRAM IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVE THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
- PUBLICITY RIGHTS: By participating in this Program, an Applicant agrees to allow Sponsor’s designees the perpetual right to use his/her name, biographical information, photos and/or likeness, videos, and statements for Program, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered, worldwide, including, but not limited to, on the World Wide Web and Internet, without notice, review, or approval and without additional compensation except where prohibited by law.
- RELEASE: By participating in this Program, each Applicant releases and agrees to indemnify and hold harmless Program Entities from and against any and all costs, claims, damages (including without limitation, any special, incidental or consequential damages) or any other injury, whether due to negligence or otherwise, to person(s) or property (including, without limitation, death or violation of any personal rights, such as violation of right of publicity/privacy, libel, or slander), due in whole or in part, directly or indirectly, to participation in the Program or acceptance of the Orthodontic Treatment or arising out of participation in any Program-related or Orthodontic Treatment activity whether hosted or provided by Sponsor or a third party.
- DISPUTE RESOLUTION: Except where prohibited, by participating in the Program, an Applicant agrees that: (a) except as otherwise specifically set forth in these Official Terms & Conditions, any action arising out of or relating to these Official Terms & Conditions or the rights and obligations of any Applicant and/or Sponsor shall be filed exclusively in The United States Courts for the District of Nebraska, or the appropriate Nebraska State Court located in Douglas County, NE; and Applicant hereby consents and submits to the personal jurisdiction of such court for the purposes of litigating any such action, and any right to a trial by jury is hereby waived; (b) any and all disputes, claims and causes of action arising out of or connected with these Official Terms & Conditions, and/or the rights and obligations of any Applicant and/or Sponsor, shall be resolved individually, without resort to any form of class action; (c) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred and in no event will Applicant be entitled to receive attorneys’ fees or other legal costs; (d) under no circumstances will Applicant be permitted to obtain injunctive or other equitable relief and Applicant’s sole remedy will be an action at law for damages to the extent allowed by sub-paragraphs (c) and (e) of this Section 11; and (e) under no circumstances will Applicant be permitted, and Applicant hereby waives all rights, to: (i) claim punitive, exemplary, special, incidental, indirect and consequential damages and any other damages (whether due to negligence or otherwise), other than for actual out-of-pocket costs described in (c) above; and (ii) have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Terms & Conditions, or the rights and obligations of any Applicant and/or Sponsor, shall be governed by and construed in accordance with the laws of the Commonwealth of Nebraska without giving effect or regard to any principles or doctrines of conflicts of law of the Commonwealth of Nebraska or any other jurisdiction. If any provision or provisions of these Official Terms & Conditions shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
- GENERAL: Each Applicant waives any right to claim ambiguity in these Official Terms & Conditions. All Submissions become the property of Sponsor and will not be returned. In the event of a dispute as to the identity of a selected participant based on an email address, the selected participant entry will be declared made by the person identified in the registration upon applying. All federal, state and local laws apply. The Program is void in jurisdictions other than those stated above and wherever prohibited.
- IMPORTANT: This Program is not in any manner sponsored, endorsed, administered by or associated with Facebook, Twitter, Google, or other social platform. Each Applicant understands that they are providing their information to Sponsor and their designees only. The information an Applicant provides will only be used as stated in these Official Terms & Conditions. By participating in the Program, each Applicant releases and agrees to indemnify Facebook, Twitter, and Google and hold them harmless from and against any and all costs, claims, damages (including, without limitation, any special, incidental or consequential damages) or any other injury, whether due to negligence or otherwise, to person(s) or property (including, without limitation, death or violation of any personal rights, such as violation of right of publicity/privacy, libel or slander), due in whole or in part, directly or indirectly, to participation in the Program or arising out of the receipt, use/misuse of or participation in any Program-related or Orthodontic Treatment activity.
- NAME OF RECIPIENT: To obtain the name of the Recipient, send a properly stamped self-addressed envelope, postmarked by 3/4/2021, to Smiling with the Stars Recipient List, Braces Omaha.
SPONSOR: Braces Omaha