Silverstein Eye Centers Contest Rules:
The Silverstein Eye Centers Contest (the Contest) is intended for participation only in the United States and shall be construed according to, and governed exclusively by, Missouri law. Do not participate in the Contest if you are not a legal resident of the 50 United States or the District of Columbia physically located in the 50 United States or the District of Columbia at the time of entry, or do not fall within the eligibility requirements set forth in the Official Rules below. The Silverstein Eye Centers Contest OFFICIAL RULES NO PURCHASE NECESSARY
PROMOTION DESCRIPTION: The Silverstein Eye Centers Contest (the Contest) begins on or about 3:00 p.m. Central Time on June 24th, 2008 and ends on or about 3:59 p.m. Central Time on Aug 1st, 2008 (the Contest Period). By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Silverstein Eye Centers, 4240 Blue Ridge Blvd,. Kansas City, MO 64133 (Sponsor), which shall be final and binding in all respects. By entering the contest, the entrant gives unlimited permission to contact the entrant via e-mail with any marketing materials and offers.
ELIGIBILITY: Void where prohibited or restricted by law. No purchase necessary. The Contest is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least twenty-one (21) years old at the time of entry. Prizes are non-transferable. If it is determined that the winner is not a candidate for LASIK surgery, another winner will be drawn. If a contest entrant elects to have the LASIK procedure done at Silverstein Eye Centers prior to the contest drawing and then wins a free LASIK procedure in the contest, the winner will be reimbursed for the cost of the original surgery. Sponsor, Silverstein Eye Centers and their subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies and each of their respective officers, directors and employees, and the immediate family members of any of the foregoing (collectively, the Promotion Entities), are eligible to enter the Contest or win a prize. Entrant does not have to be present to win.
HOW TO ENTER:
Entries for the LASIK Giveaway must be made online at the Silverstein Eye Centers website and may be made any time from the start of the contest to the end
By entering the Contest, entrants acknowledge and agree that they shall have no right, title or interest in any of Sponsors intellectual property or other property rights of any kind. All requested information on the online submission form must be completed and accurate to enter and to be eligible to win. Each entrant provides such information and such entrant's Submission voluntarily while recognizing that such information and Submission will implicitly, and may expressly, based on the nature thereof, reveal certain health-related information. Each entrant acknowledges and agrees that such information may be shared with the Promotion Entities if and to the extent entrants agree at the time of entry. Except as otherwise stated in these Official Rules, personal information collected in connection with this Contest may be used in marketing projects with the consent given by an entrant at by proceeding with this entry. Any communication or information transmitted to Sponsor and/or the Website by electronic mail or otherwise is and will be treated as non-confidential and nonproprietary.
CONTEST SUBMISSION AND WINNER SELECTION: The contest winners will be selected. Winner will be announced on August 8th 2008 Winners will be notified by telephone and/or mail and/or email using the contact information provided at the time of entry. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by the potential winner for any reason. If, despite reasonable efforts, a potential winner does not respond within two (2) days of the first notification attempt, or if the prize is declined or the prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules, such potential winner will be disqualified and an alternate winner may be selected. Winners may be required to execute and return an Affidavit of Eligibility and Liability/Publicity Release, where such condition is not legally prohibited, within seven (7) days following the date of attempted notification or may forfeit his or her prize. If a potential winner fails to claim a prize and/or fails to return any Affidavit of Eligibility and Liability/Publicity Release (if required) within the applicable time period, Sponsor may elect to disqualify such potential winner, who will then forfeit his or her prize.
PUBLICITY RELEASE: By participating in the Contest, in addition to any other grants which
may be granted in any other agreement entered into between Sponsor and any entrant in or winner
of the Contest, each entrant irrevocably grants the Promotion Entities and their respective
successors, assigns and licensees, the right to use such entrants name, screen name, voice,
likeness, biographical information, address (city and state) and any statements made or attributed
to such entrant, along with such entrant's Submission, in any and all media for any purpose,
including, without limitation, advertising and promotional purposes as well as in, on or in
connection with the Silverstein Eye Centers and its website, any other third party websites, or the Contest or other promotions, sponsored or administered by the Promotion Entities, and hereby releases the Promotion Entities from any claims and liability with respect thereto.
PRIZES: A total of one LASIK surgery procedures will be awarded. The procedure is valued at $4000.00. The procedure has no cash value
GENERAL LIABILITY RELEASE/FORCE MAJEURE: Entrants agree that the Promotion
Entities (a) shall not be responsible or liable for any losses, damages or injuries of any kind
resulting from participation in the Contest and (b) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to the prizes. Sponsor assumes no responsibility for any damage to an entrants or any other persons computer system which is occasioned by accessing the Websites or participating in the Contest, or for any computer system, phone line, hardware, software or program malfunctions, or other errors,
failures, delayed computer transmissions or network connections that are human or technical in
nature. Without limiting the generality of the foregoing, Sponsor is not responsible for
incomplete, illegible, misdirected, misprinted, late, lost, damaged, corrupted, stolen, or delayed
Submissions, or submission or prize notifications; or for lost, interrupted, inaccessible or
unavailable networks, servers, satellites, Internet Service Providers, websites, or other
connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected
computer, telephone or cable transmissions; or for any technical malfunctions, failures,
difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of
information, or the failure to capture any information. Sponsor reserves the right in its sole
discretion to disqualify any individual who is found to be tampering with the entry process or the
operation of the Contest or the Websites, to be acting in violation of these Official Rules, or to be
acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the
legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person, and
Sponsor reserves the right to seek damages and other remedies from any such person to the fullest
extent permitted by law. In the event less than ten (10) eligible Submissions are received in any
Monthly Competition Period or Sponsor is prevented from awarding prize(s) or continuing with
the Contest as contemplated herein by any event beyond its control, including but not limited to
fire, flood, natural or man-made epidemic, earthquake, explosion, labor dispute or strike, act of
God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or
activity, war (declared or undeclared) or any federal state or local government law, order, or
regulation, public health crisis (e.g. SARS), order of any court or jurisdiction, or other cause not
reasonably within Sponsors control (each a Force Majeure event or occurrence), then subject
to any governmental approval which may be required, Sponsor shall have the right to modify,
suspend, or terminate the Contest. If the Contest is terminated for Force Majeure before the
designated end date, Sponsor will (if possible) select the winner for the then applicable Monthly
Competition Period from all eligible, non-suspect Submissions received as of the date of the
event giving rise to the termination. These Official Rules cannot be modified or amended in any
way except in a written document issued in accordance with law by a duly authorized
representative of Sponsor. The invalidity or unenforceability of any provision of these Official
Rules shall not affect the validity or enforceability of any other provision. In the event that any
provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules
shall otherwise remain in effect and shall be construed in accordance with their terms as if the
invalid or illegal provision were not contained herein.
NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each entrant hereby
acknowledges and agrees that the relationship between the entrant and the Promotion Entities is
not a confidential, fiduciary, or other special relationship, and that the entrants decision to
provide the entrants Submission to Sponsor in connection with the Contest does not place the
Promotion Entities in a position that is any different from the position held by members of the
general public with regard to elements of the entrants Submission. Each entrant understands and
acknowledges that the Promotion Entities have wide access to ideas, stories, designs, and other
literary materials, and that new ideas are constantly being submitted to the Promotion Entities or
being developed by their own employees.
DATES & DEADLINES/ANTICIPATED NUMBER OF CONTESTANTS: Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Contest. Sponsor cannot accurately predict the number of entrants who will participate in the Contest.
FURTHER DOCUMENTATION: If Sponsor desires to secure additional assignments,
certificates of engagement for any Submission or other documents as Sponsor may reasonably
require in order to effectuate the purposes and intents of these Official Rules, then each entrant
agrees to sign the same upon Sponsors request therefor.
GOVERNING LAW: All issues and questions concerning the construction, validity,
interpretation and enforceability of these official rules or the rights and obligations of the
participant or Sponsor in connection with the Contest shall be governed by and construed in
accordance with the internal laws of the state of Missouriwithout 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.
ARBITRATION PROVISION: By participating in this Contest, each entrant agrees that: (a)
Any claim, dispute, or controversy (whether in contract, tort, otherwise) that they may have with,
or claims they may have against, Sponsor arising out of, relating to, or connected in any way with
the Contest, the awarding or redemption of prizes, or the determination of the scope or
applicability of this agreement to arbitrate, will be resolved exclusively by private, final and
binding arbitration administered by the National Arbitration Forum (the Forum) and conducted
before a sole arbitrator pursuant to the Code of Procedure established by the Forum; (b) This
arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall
be governed by the Federal Arbitration Act (FAA), 9 U.S.C. 1-16; (c) The arbitration shall
be held at a location determined by the Forum pursuant to the Code of Procedure (provided such
location is reasonably convenient for entrant), or at such other location as may be mutually agreed
by the entrant and Sponsor; (d) The arbitrator’s decision shall be controlled by the terms and
conditions of these Official Rules and any of the other agreements referenced herein that the
applicable entrant may have entered into in connection with the Contest; (e) The arbitrator shall
apply Missourilaw consistent with the FAA and applicable statutes of limitations, and shall
honor claims of privilege recognized at law; (f) There shall be no authority for any claims to be
arbitrated on a class or representative basis; arbitration can decide only the entrants and/or
Sponsors individual claims and the arbitrator may not consolidate or join the claims of other
persons or parties who may be similarly situated; (g) The arbitrator shall not have the power to
award punitive damages against the entrant or Sponsor; (h) In the event that the administrative
fees and deposits that must be paid to initiate arbitration against Sponsor exceed $125, and the
entrant is unable (or not required under the applicable Code of Procedure) to pay the additional
fees and deposits, Sponsor agrees to pay them and/or forward them on the entrants behalf,
subject to ultimate allocation by the arbitrator. In addition, if the entrant is able to demonstrate
that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will
pay as much of the entrants filing and hearing fees in connection with the arbitration as the
arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (i) If any
part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise
conflicts with the Code of Procedure established by the Forum, 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.
WINNERS LIST/OFFICIAL RULES: To obtain a copy of any legally-required winners list,
send a self-addressed stamped envelope to Silverstein Eye Centers Contest Winners List, 4240 Blue Ridge Blvd. Suite 1000, Kansas City, MO 64133. All such requests must be received by October 1, 2008.