Give-Away Rules
LasikPlus®
One-In-A-Million Event
Official Rules
These are the official rules
for the LasikPlus® 2008 "One-In-A-Million†skill contest.
While we’ve performed over 1,000,000 procedures in North America,
we’ll never lose sight of the fact that every one of them transformed
the life of a real person. Share your story with us - we want
to know how LasikPlus® has transformed your life! You could
win free laser vision correction for a friend or family member.
LasikPlus® is the provider you can trust, a provider with the
experience, technology and know-how to deliver the results you want.
1. Eligibility: To be
eligible to win the LasikPlus® One-In-A-Million Event (the “Gameâ€),
you must have received laser vision correction treatment from one of
the LasikPlus® Markets listed in paragraph 15 below. There
is no additional cost to enter the Game; if you have received laser
vision correction treatment from LasikPlus®, and our records reflect
that your account is fully paid or is current, you may enter the Game
pursuant to the instructions listed below. The Game is open only to
legal residents of the fifty (50) United States and the District of
Columbia who are of legal age of majority in their jurisdiction of residence
(and at least 18) at the time of entry. Any individuals (including
but not limited to employees, consultants, independent contractors,
and interns) who have, within the past six months, performed services
for LasikPlus®, Sponsor, any organizations responsible for sponsoring,
fulfilling, administering, advertising or promoting the Game, and their
respective parent, subsidiary, affiliated and successor companies, and
immediate family and household members of such individuals, are not
eligible enter, play, or win the Game. "Immediate family members"
shall mean parents, step-parents, children, step-children, siblings,
step-siblings, or spouses. "Household members" shall mean
people who share the same residence at least three months a year.
The Game is subject to all applicable federal, state, and local laws
and regulations. Void where prohibited, including Vermont, North Dakota
and California. Limit - one Entry per person. Sponsor reserves
the right to verify that you have received laser vision correction treatment
from a participating LasikPlus® Vision Center and that your account
with us is fully paid or is current. Only entries which are complete
and which comply with the official rules will be eligible for the Game.
2. Sponsor:
LCA-Vision Inc. / LasikPlus®
Vision Centers 7840 Montgomery Road Cincinnati, Ohio 45236.
3. Agreement to Official
Rules: By participating in the Game, each entrant fully and unconditionally
agrees to and accepts these Official Rules and the decisions of the
Sponsor, which are final and binding in all matters related to the Game.
Whether an entrant receives a free procedure is contingent upon fulfilling
all requirements set forth herein, as determined by Sponsor in its sole
discretion. Sponsor reserves the right to modify the Official Rules;
to obtain a copy of the current Official Rules, visit the Game Website
at www.LasikPlusOneMillion.com, or write to Laura Koehler, LCA-Vision
Inc., 7840 Montgomery Road, Cincinnati OH 45236. Please
include your name and email or mailing address in the e-mail or written
notice.
4. Timing: The Game
begins on August 1, 2008 at 12:00 a.m. Eastern Time and ends on September
15, 2008 at 11:59 p.m. ET (the "Game Period"), as determined
by Sponsor’s time-keeping device for the Game. Entries must be submitted
through “www.LasikPlusOneMillion.com†(the Website) as detailed below.
Entries will be deemed timely if registered by the Website within the
Game Period.
5. How to Enter: During
the Game Period, visit www.LasikPlusOneMillion.com (the Website) and follow the links
and instructions to complete the registration form including your name,
telephone number (area code included), email address, and complete home
address (P.O. Boxes are not permitted). After completing a short
survey and submitting your photograph (optional) and testimonial about
your experience at LasikPlus® (all of which are collectively referred
to herein as your “Entryâ€), you will be entered in the Game. By
entering the Game, you agree to comply with these Official Rules.
The Sponsor, in its sole discretion, may void your Entry and disqualify
you from the Game if it believes that your Entry fails to conform to
these Official Rules.
For all Entries: All
Entries will become the exclusive property of Sponsor, and none will
be acknowledged or returned. Sponsor shall have the right to edit, adapt
and publish any or all of the Entries (and all elements thereof), and
may use them in any media now or hereafter devised for advertising,
promotional and other purposes without attribution or compensation or
permission or notification to the entrant, his/her successors or assigns,
or any other entity or third party. SUBMITTING AN ENTRY IN THIS GAME
CONSTITUTES ENTRANT'S IRREVOCABLE ASSIGNMENT, CONVEYANCE AND TRANFERENCE
TO SPONSOR OF ANY AND ALL RIGHT, TITLE AND INTEREST IN THE ENTRY INCLUDING,
WITHOUT LIMITATION, ALL COPYRIGHTS. Released Parties (as defined below)
are not responsible for lost, late, incomplete, invalid, delayed, undelivered,
inaccurate, un-intelligible or misdirected Entries; such Entries are
voidable at Sponsor’s discretion.
6. Criteria for Judging
Entries: We want to know how LasikPlus® has transformed your
life! Your Entry must be true, and can’t be fictional.
After the conclusion of the Game Period, up to fifty-five (55) winners
will be selected from all Entries. We will judge all Entries
and determine winners based on the following criteria:
- 50%
- The degree to which your Entry shows how laser vision correction
was a positive life-changing experience for you. Examples
include:
- New tasks you can
do, how day-to-day activities are easier, or how LASIK improved your
quality of life.
- Describe your hassles
with glasses or contacts, or explain your new found freedom.
- Tell us about your
eye health – how do your eyes feel? Do you miss your contacts?
- Relate a “Wowâ€
moment after your laser vision correction procedure.
- 50% -
Clarity, Creativity, Relevancy, and story-telling ability. Factors
include:
- Clarity and Articulation
of Entry
- Uniqueness of Entry
- Appropriateness,
Relevancy and Public Appeal of the Entry: Does the idea resonate with
the public and the community?
- Use of humor or
drama in the Entry
All Entries must also comply
with the following guidelines:
Photo Guidelines:
- The photo must be
of you; ideal photos will reflect you after laser vision correction.
- The photo must be
in .jpg format.
- The photo must not
exceed 4 MB in size.
- The photo must be
reasonably clear.
- The photo must not
have been taken professionally
- The photo must not
contain any copyrighted material.
- The photo may not
contain any content that is deemed offensive by the Sponsor.
Entry/Testimonial Guidelines:
- The Entry cannot
exceed 500 words.
- The Entry must be
submitted in English.
- The Entry must be
true, and must reflect the opinion of the treated patient.
- The Entry must not
contain any copyrighted material.
- The Entry may not
contain any profanity or content that is deemed offensive by the Sponsor.
Only Entries which are complete
and which comply with the Official Rules will be eligible to win.
All entries will initially be reviewed for compliance with the Official
Rules. Entries deemed, at the sole discretion of the Sponsor, to not
comply with the Official Rules will be disqualified.
After the conclusion of the
Game Period, up to fifty-five (55) winners will be selected from all
Entries. The odds of winning will depend upon the number
of valid Entries. We will select up to one winner from each of
the fifty-five (55) LasikPlus®
Markets listed in paragraph 15 below.
There will be no ties. In the
event that two or more identical or substantially similar Entries are
submitted, only the first submission will be considered for review.
Identical or substantially similar Entries submitted after such a first-in-time
submission of the Entry will be disqualified. The Sponsor will determine
at its sole discretion when two or more Entries are identical or substantially
similar.
7. Winner Requirements:
Potential winners will be notified by mail, email or phone on or around
September 30, 2008. The potential winners will be required to execute
and return to Sponsor, within ten (10) days of the date notice or attempted
notice is sent, an Affidavit of Eligibility, Liability & Publicity
Release and a General Talent Release (where lawful) (collectively, "Releases")
in order to claim his/her prize. If a potential winner cannot be contacted
within a reasonable time period, fails to execute and return the Releases
within the required time period, is not in compliance with these Official
Rules, or if prize notification is returned as undeliverable, potential
winner forfeits the prize. If a potential winner is disqualified for
any reason, an alternate winner will be determined by the judges based
on the Judging Criteria. Only three (3) alternate winners will be selected
through this process, after which the applicable prize will remain un-awarded.
8. Prizes: GRAND
Prizes: We will select up to one winner from each of the fifty-five
(55) LasikPlus® Markets listed in paragraph 15 below. Each
winner will receive one certificate. Up to fifty-five total certificates
will be awarded to all winners. Each certificate can be used by the
winner to permit a friend or family member to receive a free bilateral
laser vision correction treatment (up to two eyes on one person) from
LasikPlus®.
Laser Vision Correction is
not medically appropriate for every person. If the friend or
family member of the winner is not an appropriate candidate for laser
vision correction, as determined in the sole discretion of the treating
surgeon, the winner may nominate another friend or family member to
receive a free bilateral laser vision correction treatment from LasikPlus®.
Bilateral laser vision correction
treatment is not medically appropriate for every person. If it
is not medically appropriate to treat both eyes of the friend or family
member of the winner, as determined in the sole discretion of the treating
surgeon, or if the friend or family member of the winner chooses to
have only one eye treated, treatment for the second eye is forfeited.
Other than as provided above,
prizes are non-transferable, and no substitution or cash-redemption
will be made unless Sponsor, in its sole discretion, determines otherwise.
Sponsor reserves the right to substitute a prize for one of comparable
or greater value, at its sole discretion. Winners are responsible for
all federal, state and local taxes and costs and expenses associated
with prize receipt and/or use not specified herein as being awarded.
Friends or family members receiving treatment can expect to pay for
normal incidental costs associated with treatment, such as eye drops
and antibiotics. Such costs do not typically exceed $100.00.
The prize does not include the LasikPlus® Lifetime Satisfaction
Plan. Limit: One (1) prize per person and per household.
Total ARV of each prize: $3,500. All prize details are at Sponsor's
sole discretion.
9. Release: By entering,
each entrant agrees to release and hold harmless Sponsor, Administrator,
and their respective parents, subsidiaries, affiliates, suppliers, distributors,
advertising/promotion agencies, prize suppliers, and each such company's
officers, directors, employees, contractors, and agents, and each of
their respective successors, representatives, and assigns (collectively,
the "Released Parties") from and against any claim or cause
of action, including, but not limited to, personal injury, death, or
damage to or loss of property, arising out of participation in the Game
or receipt or use or misuse of any prize (including any travel or activity
related thereto) or Released Parties' use of any Entry.
Entrants authorize the Released
Parties to use their name, voice, likeness, biographical data, city
and state of residence and Entry materials (your “Storyâ€) in marketing
or promotional materials, in any media now known or hereafter created,
worldwide in perpetuity, or on a winner's list, if applicable, without
further compensation. Sponsor is not obligated to use your Story, but
may do so and may edit such information or materials at Sponsor's sole
discretion, without further obligation or compensation. You agree
that you have no right of approval, no claim to any compensation, and
no claim arising out of the use, alteration, or distortion of your Story
or the use to which it may be applied.
10. General Conditions:
Sponsor reserves the right to cancel, suspend and/or modify the Game,
or any part of it, if any fraud, technical failures or any other factor
impairs the integrity or proper functioning of the Game, as determined
by Sponsor in its sole discretion. If terminated, Sponsor may, in its
sole discretion, determine the winner from among all non-suspect, eligible
Entries received up to time of such action using the judging procedure
outlined above. Sponsor, in its sole discretion, reserves the right
to disqualify any individual it finds to be tampering with the entry
process or the operation of the Game or to be acting in violation of
these Official Rules or those of any other promotion or in an unsportsmanlike
or disruptive manner and void all associated Entries. Any attempt by
any person to deliberately undermine the legitimate operation of the
Game may be a violation of criminal and civil law, and, should such
an attempt be made, Sponsor reserves the right to seek damages and other
remedies (including attorneys' fees) from any such person to the fullest
extent permitted by law. Sponsor's failure to enforce any term of these
Official Rules shall not constitute a waiver of that provision.
11. Limitations of
Liability: Released Parties are not responsible for: (1) any incorrect
or inaccurate information, whether caused by entrant, printing, typographical
or other errors or by any of the equipment or programming associated
with or utilized in the Game; (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 Game; (4) printing,
typographical, mechanical, technical, computer, network or human error
which may occur in the administration of the Game the processing, uploading
or judging of Entries, the announcement of the prizes or in any Game-related
materials; or (5) any injury or damage to persons or property which
may be caused, directly or indirectly, in whole or in part, from entrant's
participation in the Game or receipt or use or misuse of any prize (including
any travel or activity related thereto). Released Parties are not responsible
for misdirected or undeliverable Entries or for any technical problems,
malfunctions of computer systems, servers, providers, hardware/software,
lost or unavailable network connections or failed, incomplete, garbled
or delayed computer transmission or any combination thereof.
12. Disputes: Except
where prohibited, entrant agrees that: (1) any and all disputes, claims
and causes of action arising out of or connected with this Game or any
prize awarded shall be resolved individually, without resort to any
form of class action (2) any and all claims, judgments and awards shall
be limited to actual out-of-pocket costs incurred, including costs associated
with entering this Game, and in no event will Entrant be entitled to
receive attorneys' fees or other legal costs; and (3) under no circumstances
will entrant be permitted to obtain awards for, and entrant hereby waives
all rights to claim, indirect, punitive, incidental and consequential
damages and any other damages, other than for actual out-of-pocket expenses,
and any and all rights to have damages multiplied or otherwise increased.
All issues and questions concerning the construction, validity, interpretation
and enforceability of these Official Rules, or the rights and obligations
of the entrant and Sponsor in connection with the Game, 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
(whether of the State of Ohio or any other jurisdiction), which would
cause the application of the laws of any jurisdiction other than the
State of Ohio.
13. Entrant's Personal Information:
Information collected from entrant is subject to Sponsor's Privacy Policy.
14. Winners List:
Winners List requests will only be accepted after the promotion end
date (listed above) and no later than December 15, 2008. For the Winners
List, send an email with subject line: "1,000,000 Winners List"
to Lkoehler@lca.com., or write to Laura Koehler, LCA-Vision
Inc., 7840 Montgomery Road, Cincinnati OH 45236. Please
include your name and email or mailing address in the e-mail or written
notice.
15. Participating
LasikPlus® Markets: The following LasikPlus® Markets
are participating in the Game.
| Participating
LasikPlus® Markets |
|
City |
State |
|
Birmingham |
AL |
| Little
Rock |
AR |
| Phoenix |
AZ |
| Colorado
Springs |
CO |
| Denver |
CO |
| Hartford
|
CT |
| New
Haven |
CT |
| Coral
Springs |
FL |
| Jacksonville
|
FL |
| Orlando |
FL |
| Tampa
|
FL |
| Atlanta |
GA |
| Savannah |
GA |
| Des
Moines |
IA |
| Boise |
ID |
| Chicago
|
IL |
| Indianapolis |
IN |
| Kansas
City |
KS |
| Lexington
|
KY |
| Louisville
|
KY |
| Baltimore |
MD |
| Grand
Rapids |
MI |
| Minneapolis
|
MN |
| St.
Louis |
MO |
| Charlotte
|
NC |
| Raleigh
|
NC |
| Omaha |
NE |
| Paramus |
NJ |
| Woodbridge |
NJ |
| Albuquerque |
NM |
| Las
Vegas |
NV |
| Albany |
NY |
| Long
Island |
NY |
| Scarsdale |
NY |
| Cincinnati |
OH |
| Cleveland
|
OH |
| Columbus |
OH |
| Dayton |
OH |
| Oklahoma
City |
OK |
| Tulsa |
OK |
| Portland |
OR |
| Harrisburg |
PA |
| Philadelphia |
PA |
| Pittsburgh
|
PA |
| Austin |
TX |
| Dallas |
TX |
| Houston |
TX |
| San
Antonio |
TX |
| Salt
Lake |
UT |
| Norfolk |
VA |
| Richmond
|
VA |
| Seattle |
WA |
| Green
Bay |
WI |
| Milwaukee
|
WI |
| Washington
DC |
|
16. Removal
from Mailing List: If you no longer wish to receive mailings regarding
this Game from us, please send an email with subject line: "Remove
from 1,000,000 Game List" to Lkoehler@lca.com., or write to Laura Koehler, LCA-Vision
Inc., 7840 Montgomery Road, Cincinnati OH 45236. You
must include your name and mailing address in the e-mail or written
notice. Once we receive your request, we will promptly update our records.