NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. YOU HAVE NOT YET WON. CONTEST OPEN TO LEGAL RESIDENTS OF THE UNITED STATES, AT LEAST 18 OF AGE, WITH A VALID DRIVER’S LICENSE AT DATE OF ENTRY INTO CONTEST. VOID WHERE PROHIBITED BY LAW.
Sponsor, Administrator, Prize Provider: Virginia Eye Consultants, 241 Corporate Blvd., Norfolk, VA 23502. Contest Entities: Virginia Eye Consultants.
- Acceptance of Official Rules: By entering the “Field Goal for FREE LASIK” contest (the “Contest”) operated on the CSP web site accessible at the domain www.odusports.com (the “CSP Service”), you hereby accept and agree to these official rules (the “Official Rules”) of this Contest, and the decisions of the Administrator in connection with this Contest, whose decisions are final.
- Eligibility: This Contest is offered and open to persons who are: (a) legal residents of the United States; (b) at least 18 years old with a valid driver’s license at the date of entry in this Contest; and (c) “Registered Users.” This Contest is void in US states other than Virginia, Puerto Rico, all US territories and possessions, outside of the U.S and where prohibited by law (a) “Registered Users”;For purposes of these Official Rules, Registered User(s) means a person that has successfully completed the registration form by clicking on the Field Goal For FREE LASIK link or logo on the following Website(s): www.odusports.com, www.virginiaeyeconsultants.com, vec2020.com. Employees and directors, and their immediate family members, of the Contest Entities, Old Dominion University, The Primm Company, Virginia Eye Consultants, and their respective parent companies, affiliated and subsidiary companies, franchisees, representatives, advertising and promotion agencies, production agencies, agents and legal and financial advisors are not eligible to participate in this Contest. For purpose of the foregoing “immediate family” means parents, spouses, children, siblings or any members of the same households of such employees and directors.
- Promotion Period: The Contest begins on 8/29/2013 at 12:00:00 AM EST and ends at 11:59:00 PM EST on 10/28/13 (the “Promotion Period”).
- Entering Contest: To enter the Contest, go to www.odusports.com or www.virginiaeyeconsultants.com and click on the Field Goal for FREE LAISK link or logo and follow the instructions to complete the Contest entry form, hit the submit button and you will receive an entry into this Contest.
- Prizes: The Contest will award one (1) Contest prize (the “Contest Prize” or “Prize”) that consists of a no-charge bi-lateral LASIK eye surgery at Virginia Eye Consultants Norfolk, VA location. Winner must be a successful LASIK candidate as determined by a free consultation performed by Virginia Eye Consultants. Contest winner is responsible for scheduling the consultation, the surgery and any travel to and from the Norfolk, VA location of Virginia Eye Consultants for the consultation and surgery. The value of the Contest Prize is approximately $4,800. The Prize Winner is responsible for any income tax payable on the Contest Prize. The Contest Prize is transferable to an immediate family member in the event the winner is not a suitable candidate for LASIK surgery. There is no substitute or cash equivalent prize. A Contest Prize Opportunity will be awarded to the eligible entrant whose name is randomly chosen from all eligible entrants. The selected entrant will then attempt to kick a field goal during the November 2, 2013 football game. The ball will be placed on a “tee” at the five-yard-line. A successful field goal, in accordance with generally recognized football rules, will result in awarding the Contest Prize to the entrant. Certain terms and restrictions apply. See section 6, Prize Restrictions.
- Prize Restrictions: Contest Prize winner (the “Contest Prize Winner” or “Prize Winner”) is solely responsible for scheduling the initial free, consultation for a LASIK candidate evaluation at the Norfolk, Virginia location of Virginia Eye Consultants. The initial consultation is provided at no charge. The Prize Winner is responsible for travel to and from Virginia Eye Consultants. In the event the Prize Winner is not a suitable candidate for LASIK, the Contest Prize may be transferred to an immediate family member, defined as parents, spouses, children, siblings or any members of the same household.
Contest Prize Winner will be issued an IRS 1099 tax form for the actual value of his/her Contest Prize. Once eligible Contest Prize Winner has been notified of his or her selection to kick a field goal during the November 2, 2013 game, it is the eligible person’s responsibility to attend the game, provide transportation to and from the game and be present in the stands during the game. Contest Prize Winner will receive two tickets to the November 2, 2013 football game for the field goal kick. All prize details are at the sole discretion of the Contest Entities. Contest Prize value is an approximation. Any difference between the approximate value and the actual cost of the Contest Prize will not be awarded. Contest Prize value cannot exceed Four Thousand Eight Hundred US Dollars ($4,800.00).All income and other taxes are the sole responsibility of Contest Prize Winner. No assignment, transfer, conversion to cash or cash redemption or substitution of the Prize is permitted, except Sponsor reserves the right to substitute a Prize with a prize of comparable or greater value should a Prize become unavailable or for any other reason needs to be exchanged. Prizes are solely for personal use and may not be used in conjunction with any other promotion.
- Odds/Drawings/Winner Notification: Contest Prize potential winner will be determined by random drawing. The random Contest Prize potential winner drawing will take place on or about Monday, October 28, 2013. The drawings will be conducted by Administrator, whose decisions are final and binding in all respects. Odds of winning a Prize depends on the number of eligible entries received during the Promotion Period and whether a qualifying field goal is scored. The Administrator will use reasonable efforts to notify the potential winner by telephone, electronic mail and/or mail within 48 hours of the drawing date. The Prize Winner must establish and certify eligibility within two (2) days of being notified of winning. In the event that the initial winner cannot be located through commercially reasonable effort within 48 hours of the first notification attempt or is determined by the Administrator not to be eligible, an alternate winner will be determined by the Administrator by conducting an additional drawing. Only one attempt for alternates will be conducted. If attempts fail, Prize will not be awarded.
- Prize Taxes: All federal, state, local and other tax obligations arising from this Contest, including, without limitation, winning a Prize, will be the sole responsibility of Prize Winner.
- Affidavit of Eligibility/Liability Release and Publicity Release: Contest Prize Winner will be required to complete, execute and return an Affidavit of Eligibility/Liability Release, and where lawful, a Publicity Release (collectively, the “Release Forms”) within five (5) days of notification of winning. Failure to return Release Forms timely, or if Prize notification is returned as non-deliverable, or if Contest Prize Winner is found not to be eligible or not in compliance with these Official Rules, may result in disqualification with an alternate Prize Winner selected in accordance with these Official Rules.
- Publicity Release Terms: Except where prohibited by law, a Contest Prize Winner’s acceptance of the Contest Prize constitutes permission for the Contest Entities its licensors, copyright owners and production companies to use Contest Prize Winner’s name, photograph, likeness, statements, biographical information, voice, and address (city and state) worldwide and in all forms of media, in perpetuity, without further compensation.
- Improper Conduct: Administrator, in its sole discretion, may disqualify any entrant from participation in or use of any or all portions of this Contest and/or Contest Prize or refuse to award Contest Prize, if entrant engages in any conduct Administrator deems to be improper, unfair or otherwise adverse to the operation of the Contest or detrimental to other entrants of the Contest. Such improper conduct includes, without limitation, falsifying personal information required during entrant registration or Prize claim, violating any term or condition stated herein, accumulating entries through methods such as automated computer scripts or any other programming techniques, allowing others to use entrant’s personal information for the purpose of accumulating entries, or intentionally trying to defraud, reverse engineer, disassemble or otherwise tamper with the computer programs in connection with this Contest. Entrant further acknowledges that any forfeiture of the a Contest Prize and/or return of a Contest Prize shall in no way prevent Administrator from pursuing other avenues of recourse such as criminal or civil proceedings in connection with such conduct. WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, EACH OF THE CONTEST ENTITIES RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
- Integrity of Contest: If, for any reason, the Contest is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which Administrator, in its sole opinion believes could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, Administrator reserves the right at its sole discretion to cancel, terminate, modify or suspend this Contest and select the eligible Prize Winner from entries received prior to the action taken or in such other manner as Administrator may deem fair and appropriate.
- Lost or Corrupted Entries: The Contest Entities, and their parents, affiliated and subsidiary companies, licensors, copyright owners, production companies and advertising and promotion agencies, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, lost, late, incomplete, corrupted, or for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, unauthorized human intervention, or the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information. The Contest Entities, and their parents, affiliated and subsidiary companies, dealers, licensors, copyright owners, production companies, advertising and promotion agencies, are not responsible for any incorrect or inaccurate information, whether caused by registration information submitted by end users or tampering, hacking, or by any of the equipment or programming associated with or utilized in this Contest, and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the Contest.
- Damaged Property: Contest Entities, and their parents, affiliated and subsidiary companies, licensors, copyright owners, production companies and advertising and promotion agencies, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, injury or damage to any entrants or to any other person’s computer or property related to or resulting from participating in this Contest or downloading materials from this Contest.
- Contest Errors: The Contest Entities, and their parents, affiliated and subsidiary companies and advertising and promotion agencies, dealers, licensors, copyright owners and production companies assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, errors and/or ambiguity: (a) in the Contest; (b) in any related advertising or promotions of this Contest; and/or (c) in these Official Rules. In the event of any ambiguity(s) or error(s) in these Official Rules, Administrator reserves the right to modify these Official Rules for clarification purposes or to correct any such ambiguity or error(s) without materially affecting the terms and conditions of the Contest.
- Prizes and Prize Winner: The Contest Entities, and their parents, affiliated and subsidiary companies and advertising and promotion agencies, dealers, licensors, copyright owners and production companies assume no liability and are not responsible for, and you/entrant hereby forever waive/s any rights to any claim in connection with, the selection and announcement of Prize Winner, the distribution of a Prize, the acceptance/possession and/or use/misuse of any part of a Prize and/or any injury or damage to any entrant’s or third person’s property related to or resulting from any part of a Prize or any part of this Contest.
- Release and Indemnity: Each entrant in this Contest, including, without limitation, the Prize Winner, hereby releases and agrees to hold harmless the Contest Entities and their parents, affiliates, subsidiaries, advertising and promotion agencies, dealers, licensors, copyright owners, production companies and their respective directors, officers, employees, representatives and agents from any and all liability for any injuries, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of a Prize, participation in this Contest and participation in any activity related to this Contest.
- Limitation of Liability: IN NO EVENT WILL THE CONTEST ENTITIES, THEIR PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES, DEALERS, LICENSORS, COPYRIGHT OWNERS, PRODUCTION COMPANIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE CONTEST OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE CONTEST. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
- Disclaimer of Warranties: THE CONTEST AND PRIZE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
- Identity Disputes: In the event of a dispute as to the identity of a winner based on an email address, the winning entry will be declared made by the Authorized Account Holder of the email address submitted at time of entry. For purposes of these Official Rules, “Authorized Account Holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
- Binding Arbitration: The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules and/or this Contest. Any controversy or claim arising out of or relating to these Official Rules and/or this Contest shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the Commonwealth of Virginia, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
- Governing Law and Jurisdiction: This promotion is governed by US law and is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Administrator in connection with this Contest, shall be governed by, and construed in accordance with, the laws of the State of New York, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 21 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of New York, in the City of New York.
- Winner List/Official Rules: For the name of the Prize Winnerssend a self addressed stamped envelope for receipt by December 1, 2013 to “Winner’s list: Field Goal for FREE LASIK” Virginia Eye Consultants, , 241 Corporate Blvd., Norfolk, VA 23502.. For a copy of the Official Rules send a self addressed stamped envelope to the above address marked “Official Rules Field Goal for FREE LASIK Contest” for receipt by December 1, 2013. The full name of the Prize Winner may be posted and the Official Rules will be posted on the Virginia Eye Consultants website.
- Release and Indemnity: The Prize Winner releases and agrees to hold harmless ODU and its affiliates, sponsorship partners, advertising partners, marketing partners and their respective directors, officers, employees, representatives and agents from any and all liability for any injuries, loss or damage of any kind, including but not limited to injuries to persons, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of the Prize, participation in this Sweepstakes and participation in any activity related to the Sweepstakes”.