Dr. Wynn Okuda’s 30th Anniversary
Smile Makeover Giveaway
Official Contest Rules
By entering this contest online I am stating that I have read the Official Contest Rules and agree to abide by them. No purchase is necessary to enter or win. A purchase will not increase your chances of winning. All federal, state, local and municipal laws and regulations apply. Void where prohibited.
Dr. Wynn Okuda’s 30th Anniversary Smile Makeover Giveaway (the “Contest”) is open to legal residents of the State of Hawaii who are at least eighteen (18) years old at the time of entry. Employees of Wynn H. Okuda, DMD, Inc., the Dental Day Spa of Hawaii – The Specialty Group, LLC, and other companies associated with the promotion of the Contest, and their respective parents, subsidiaries, affiliates and advertising and promotion agencies as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. The Contest is subject to federal, state, and local laws and regulations. All Federal and State Taxes are the responsibility of the contest winner.
The Contest is sponsored by Wynn H. Okuda, DMD, Inc. (“Sponsor”), located at 3660 Waialae Avenue, Suite 315, Honolulu, Hawaii 96816, USA.
3.Agreement to Official Rules
Participation in the Contest constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon being compliant with these Official Rules and fulfilling all requirements set forth herein.
The Contest begins on February 9, 2018 at 4:30 p.m. Hawaii Standard Time and ends on February 26, 2018 at 11:59 p.m. Hawaii Standard Time (the “Contest Period”). Entries that are submitted before or after the Contest Period will be disqualified. These dates are subject to change, and updated information will be on the www.okudacosmeticdentistry.com website.
5.How to Enter
Submissions will be accepted for the duration of the Contest only via email entry at [email protected] Entries must be completed as specified online at www.okudacosmeticdentistry.com. No entries will be accepted in person, via U.S. Postal Service or other mail delivery service, or any other method. Limit one (1) entry per eligible person. All entries become the property of Sponsor and will not be acknowledged or returned. No one is permitted to submit an entry on behalf of another individual for any reason. Any entry must be submitted by entrant only and any entry submitted by an individual other than the subject will void such entry. Registered e-mail account holder is the natural person who has been assigned an e-mail address by an e-mail provider. All email entries will be declared made by the registered user of the e-mail address. Any questions regarding the number of entries submitted or the owner of an email account shall be determined by Sponsor in its sole discretion, and Sponsor reserves the right to disqualify any entries by persons determined to be tampering with or abusing any aspect of the Contest. Sponsor will not be responsible for incomplete, lost, late, "post-due," misdirected or illegible entries or for failure to receive entries for any reason, including but not limited to transmission or technical failures or malfunctioning of any telephone connection, network, hardware or software.
6.Potential Winner Selection
On or about April 1, 2018, the Sponsor, in its sole discretion, will be the selector of potential winners based on Sponsor’s assessment of each contestant’s entry. The odds of being selected is based on the number of entries received. The Sponsor will attempt to notify the potential winners via telephone or email on or about April 1, 2018. If the potential winner cannot be contacted within five (5) days after the date of the first attempt to contact him/her, then he/she may no longer be a potential winner. The remaining potential winners will be notified as to the next steps of the Contest, such as completing medical and dental history and other forms, and returning them by a deadline. Those that qualify will proceed to the next evaluation phase in the Sponsor’s office, which may include examination, x-rays, and photos.
The Winner shall enter into a separate dental services agreement to be provided by Sponsor (“Dental Practice Service Agreement”), which shall cover the services to be provided by Sponsor. Following the execution of the Dental Practice Service Agreement by the Winner, Sponsor shall provide an initial consultation to the Winner to confirm the specific scope and nature of the dental services to be provided to the Winner (the "Confirmed Services").
The potential winners will be notified by email or phone. Potential winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. In the event that a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate potential winner as specified above. If a potential winner does not respond to notification (with all requested information) within ten (10) days, such potential winner will be disqualified and an alternate winner selected. Forfeiture of prize and the selection of an alternate (provided sufficient eligible entries are received) winner may result from any of the following: entrant: (1) fails to respond to a notification (with all requested information) within the required time; (2) is sent an email notification that is returned as undeliverable after three (3) attempts; (3) fails to complete and return any documents provided by Sponsor, within the required time; (4) is sent a prize notification/documentation that is returned as undeliverable for any reason; (5) is deemed ineligible or cannot be notified or contacted; (6) is unable to provide satisfactory proof that he/she is the authorized account holder of the email address (7) is not available to have procedures performed on the dates and times specified by Sponsor; or (8) fails to respond to any other required time periods or is otherwise not in compliance with these Rules.
The prize to be awarded is a Smile Makeover (defined below) provided by Sponsor. The value of the prize depends on the specific needs of the winner. Future or additional dental services, including maintenance or cleaning appointments are not included in the prize awarded. Hotel, airfare, and ground transportation are not included in the prize awarded.
For purposes of these rules, a “Smile Makeover” is defined to mean “dental restorations, gum treatment, and other dental services”.
The Winner must be present and on time for all scheduled dental appointments, or run the risk of being disqualified. The Winner agrees to promotional appearances, in traditional media, social media, and events.
The Winner will be solely responsible for any and all local, state, and federal taxes, as well as additional transportation or lodging expenses.
In the event that the operation, security, or administration of the Contest is impaired in any way for any reason, including, but not limited to fraud, virus, bug, worm, unauthorized human intervention or other technical program, or in the event the Contest if unable to run as planned for any other reason, as determined by Sponsor in its sole discretion, either (a) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules or (b) terminate the Contest. The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operating of the Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to damage the website or undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages (including attorney’s fees) and any other remedies from any such person to the fullest extent permitted by law. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision.
10.Release and Limitations of Liability
By participating in the Contest, entrants agree to release and hold harmless the Sponsor, and each of their respective parents, subsidiaries, affiliates, advertising and promotion agencies, other companies associated with the Contest, and each of their respective officers, directors, employees, shareholders, representatives, and agents (the Released Parties) from and against any claim or cause of action arising out of the participation in the Contest or receipt or use of the prize (including any travel or activity related thereto), including, but not limited to: (a) any technical errors associated with the Contest, including lost, interrupted or unavailable Internet Service Provider (ISP), network, server, wireless service provider, or other connections, availability, or accessibility or miscommunications or failed computer, satellite, telephone, cellular or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (b) unauthorized human intervention in the Contest; (c) mechanical, network, electronic, computer, human, printing or typographical errors; (d) any other errors or problems in connection with the Contest, including, without limitation, errors that may occur in the administration of the Contest, the announcement of the winner, the cancellation or postponement of the event or in any Contest-related materials; or (c) injury, death, losses or damages of any kind, to persons or property which may be caused, directly or indirectly, in whole or in part, from entrants participation in the Contest or acceptance, receipt or misuse of the prize (including any travel or activity related thereto). Entrant further agrees that in any cause of action, the Released Parties liability will be limited to the cost of entering and participating in the Contest, and in no event shall the entrant be entitled to receive attorney’s fees. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
- Photo Release. The Winner hereby releases any photographs taken during the course of treatment by Sponsor for the future use in continuing education presentations, marketing, dental articles and for in office use.
- Model Release. The Winner hereby gives Sponsor the irrevocable right to use the Winner’s name (or any fictional name), picture, portrait, photograph, video, in all forms and in all media and in all manners, without any restriction as to changes or alterations (including but not limited to composite or distorted representations or derivative works made in any medium) for advertising, social media, website, trade, promotion, exhibition, or any other lawful purposes.
The Winner waives any right to inspect or approve the photograph(s), video(s), or finished version(s) incorporating the photograph(s), including the written copy that may be created and appear in connection therewith.
The Winner hereby releases and agrees to hold harmless Sponsor from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form whether intentional or otherwise, that may occur or be produced in the taking of the photographs, video, or in any processing tending toward the completion of the finished product, unless it can be shown that they and the publication or production thereof were maliciously caused, produced, and published solely for the purpose of subjecting the Winner to conspicuous ridicule, scandal, reproach, scorn, and indignity.
The Winner agrees that Sponsor owns the copyright in these photographs and video and hereby waives any claims the Winner may have based on any usage of the photographs or works derived therefrom, including but not limited to claims for either invasion of privacy or libel.
The Winner is 18 years old or older and competent to sign this release. The Winner agrees that this release shall be binding on the Winner, the Winner’s legal representatives, heirs, and assigns. The Winner has read this release and is fully familiar with its contents.
Except where prohibited, each entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court location in Honolulu, Hawaii. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrants rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of Hawaii, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than Hawaii.