Quality Dental’s Invisalign Competition – Terms and Conditions

18 October 2016

  1. Official Rules:

This is a skill-based competition. Void where prohibited by law. Promoter obtains exclusive ownership rights to your entry.  By entering the competition, You (“Entrant” or “You”) must agree to these official rules, which create a contract so read them carefully before entering.

Information on how to enter, the prize and rules for redeeming the prize form part of the terms and conditions of entry for the Competition. Participation in the Competition is deemed to be acceptance of “Official Rules” (“Official Rules”) and any other notices referenced herein.

NO PURCHASE IS NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

  1. Promoter:

The Promoter and Sponsor of this Competition is Value Dental Care Pty Ltd trading as Quality Dental of Suite 3, Level 1, Elizabeth Plaza, North Sydney (“Quality Dental”). This promotion is in no way sponsored or administered by Invisalign Australia Pty Limited.

  1. Eligibility:

The Competition is open only to legal residents of Australia (“Australia”) who are at least eighteen (18) years old or older at the time of entry, who otherwise meet the requirements set out in these Official Rules. By participating in this Competition, you acknowledge that you are at least eighteen (18) years old and a legal resident of Australia.

Employees of the Promoter, their subsidiaries, affiliates, prize suppliers and advertising/promotion agencies as well as their respective immediate family (spouse, parents, siblings and children and each of their respective spouses, regardless of where they reside) and household members (whether or not related) of those employees are not eligible to enter.

The Competition is open to persons who are: a) not existing patients with Quality Dental, b) existing in-treatment Invisalign patients with Quality Dental, and c) existing patients with Quality Dental who are not in-treatment for Invisalign. The Competition is not open to persons who are already in-treatment for Invisalign with a dental or orthodontic practice other than Quality Dental.

  1. Competition Period:

The Competition begins at 12:00 pm Australian Eastern Standard Time (“AEST”) on Tuesday, 18 October 2016 and ends at 2:00pm AEST on Saturday, 31 December 2016 (the “Competition Period”). Entries submitted before or after the Entry Period will not be eligible. Sponsor’s computer is the official time-keeping device for the Competition. 

  1. How to Enter:

This Competition is a game of skill, and chance plays no part in the winner selection process. To enter the Competition, you must, at any time during the Competition Period, complete the following:

Submit an Entry by completing the online form and uploading a selfie (a self-taken photo), of ‘your best selfie smile’ during the Entry Period and you will be entered to win. Your post will be referred to as your Entry (“Entry”).

Please see the Submission Requirements for the photo below for additional details. When you enter, you are providing your information to the Promoter. No purchase is necessary to enter.  

By entering you agree that your Entry conforms to the Submission Requirements as defined below (“Submission Requirements”) and that Promoter, in it’s sole discretion, may disqualify you from the Competition if it believes that your Entry fails to conform to the Submission Requirements.

Entrants are responsible for any and all expenses that they incur in entering the competition and that they will not be reimbursed regardless of whether or not they win the competition.

  1. Submission Requirements:

By submitting an entry, you agree that the entry (and each individual component thereof – including, without limitation, the photo) complies with all conditions stated in these rules. The released parties will bear no liability whatsoever regarding the use of your entry or any component thereof – including, without limitation, the photo. The released parties shall be held harmless by you in the event it is subsequently discovered that you have departed from or not fully complied with any of these rules.

By participating in the Competition, each entrant hereby warrants and represents that any photo he/she submits:

  • is original to him/her;
  • does not violate any law, statute, ordinance or regulation;
  • will not give rise to any claims whatsoever, including, without limitation, claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party; and
  • is not defamatory, trade libelous, pornographic or obscene, and further that it will not contain, depict, include, discuss or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups (including, without limitation, any competitors of Promoter); personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic); commercial messages, comparisons or solicitations for products or services other than products of Promoter; any identifiable third party products, trade-marks, brands and/or logos, other than those of Promoter); conduct or other activities in violation of these Rules; and/or any other comment that is or could be considered inappropriate, unsuitable or offensive, all as determined by the Promoter in its sole and absolute discretion. 
  • Entry must not constitute spam or contain links to any kind of virus, malware, spyware, or similar program that could cause harm to a user’s computer;
  • Entries that are determined to be artificially generated by automated mechanisms will be excluded;
  • Entry be appropriate to the image of Promoter and to the theme of ‘selfie smiles’, and must not be off-topic and must relate to the Competition; and
  • Entry must not contain material that is unlawful, in violation of, or contrary to the laws or regulations in any jurisdiction where Submission is created.

The Promoter is not responsible for any technical issues occurring on Facebook during the duration of the promotion.

  1. Limit:

A participant may only submit one (1) entry, unless they are an existing patient of Quality Dental who is in-treatment for Invisalign either prior to the Competition or begins treatment during the Competition Period:

  • A participant who commenced an Invisalign treatment with Quality Dental prior to the Competition Period is eligible to enter the Competition, and is permitted up to five (5) separate entries in the contest.
  • A participant who begins Invisalign treatment with Quality Dental during the Competition Period is eligible to submit up to five (5) entries.
  1. Competition Judging:

On or about the dates and times indicated above, all valid entries will be judged by the Promoter on the creativity and originality of the entrant’s Entry. The valid entry that most shows the entrant’s ‘best smiling selfie’ as judged by the Promoter, will be deemed the winner and will receive one (1) x complete Invisalign treatment with Quality Dental. There is only one (1) winner for the Entry Period. The Promoter will notify the winner on 30 January 2017 via their supplied email address and/or nominated mobile phone number.

The winning entry will be announced on the Quality Dental page https://qualitydental.com.au/fb-competition If the Promoter is unsuccessful on all attempts to contact the winner, another winner will be announced on 14 February 2017.

  1. Promoter’s Rights to Submissions:

By entering, you grant the Promoter and their agents, and assigns an irrevocable, perpetual (non-exclusive) license and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use your entry and all elements of such entry, including, without limitation, your selfie photo, as-is or as-edited (with or without using your name) in any media throughout the world, in perpetuity, for any purpose, without limitation, and without additional notification, review, compensation, or approval from you or any other party. You agree that the Promoter may use the aggregate information collected from the competition for the Promoter’s own related research and marketing purposes. Entrants warrant that their entry is their own work.

  1. Prize:

The winner will be entitled to a free Invisalign consultation, free records and x-rays, a full Invisalign treatment and free whitening at the completion of their treatment. Treatment must be performed by Quality Dental, North Sydney, Australia. Invisalign refers to the Invisalign system that are proprietary virtually clear, removable appliances or “aligners” that are used to straighten teeth.

  • Total prize value is approximately $8,000.
  • Value of treatment is indicative only. Total value varies depending on the complexity of treatment.
  • If an entrant is an existing Quality Dental Invisalign patient and wins the competition they will have the total cost of their Invisalign treatment covered and any payments already made towards their Invisalign treatment reimbursed.
  • The winner is responsible for paying all travel and any accommodation costs associated with attending appointments at Quality Dental for the purposes of their Invisalign treatment. 
  • The prize is available to approved entrants only, suitability conditions apply. The Promoter reserves the right to re-judge the winner if applicant is not deemed fit for treatment by Quality Dental. However, the winner may transfer their prize to a suitable friend or family member if they are deemed eligible for treatment by the Quality Dental.
  • Individual results may vary. The Promoter will not be liable for any unsuccessful treatment outcomes beyond the Promoter’s reasonable control.
  • The prize is not to be used in conjunction with any other Invisalign offer by the Promoter.
  • Treatment must commence within six months of competition completion date. An incomplete or incomprehensible claims will be deemed invalid after this period. The Promoter and its contractors accept no responsibility for late, lost or misdirected claims.
  • Any prize details not specified above will be determined by Promoter, in its sole discretion. The winner may not transfer, assign or substitute the prize, or redeem prize for cash, except at the sole discretion of the Promoter, who reserves the right to substitute the prize (or portion thereof) with one of comparable or greater value. Prize must be accepted as awarded. Prizes are awarded “as is” without any warranty or guarantee, either express or implied by Promoter.  
  • The prize will be provided by the Promoter. Specific Prize details are at the discretion of the Promoter.
  • Entrants must be prepared that if they are the winner, they will be named on Facebook and will need to take pictures of their treatment progress, which will be used in Quality Dental’s social media.
  • The Promoter’s decision is final and no correspondence will be entered into.
  • The Promoter reserves the right, at any time, to verify the validity of claims and claimants (including a claimant’s identity, age and place of residence) and to disqualify any claimant who submits a claim that is not in accordance with these Terms and Conditions or who tampers with the claim process. Errors and omissions may be accepted at the Promoter’s discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
  • Incomplete or indecipherable claims will be deemed invalid.
  1. Unclaimed Prizes:

In the event the prize winner fails to claim his or her prize by 13 February 2017, the prize winner will be deemed to have forfeited the prize and will not be entitled to any supplementary prize or benefit. There will be a re-judge of the existing entrants and in the event that the prize is unclaimed, a replacement winner will be chosen.

  1. General Conditions:

In the event that the operation, security, or administration of the Competition is impaired in any way, the Promoter may, in its sole discretion, (a) suspend the Competition to address the impairment and then resume the Competition; or (b) award the prizes according to the criteria set forth above from among the eligible entries received up to the time of the impairment. Promoter reserves the right, in its sole discretion, to disqualify and seek damages from any individual who tampers with the operation of the Competition, violates these Official Rules, or acts in a disruptive or unsportsmanlike manner. Promoter’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Proof of sending any communication to the Promoter by mail shall not be deemed proof of receipt of that communication by the Promoter. The Competition is subject to federal, state, and local laws and regulations, and is void where prohibited. Each entrant acknowledges that the Competition is in no way sponsored, endorsed or administered by or associated with Facebook and that Facebook has no responsibilities in relation to the Competition. Entrants acknowledge that any information provided by them in connection with the promotion is provided to the Promoter and not to Facebook. Any questions or comments about the promotion should be directed to the Promoter and not to Facebook. The information you provide will only be used for the administration of this Competition and in accordance with the Promoter’s privacy policy (see below). By entering this Competition, each entrant completely releases Facebook of all liability. The promoter expressly reserves the right to change or alter these Official Rules at any time subject to the approval of all relevant lottery departments if required.

The Promoter of this competition is Quality Dental, Suite 1/3 Elizabeth Plaza, North Sydney, NSW, Australia, 2060.

Your privacy is important and at no time will the Promoter disclose your information to a third party. 

  1. Entrant’s Personal Information:

Information collected from entrants is subject to the Promoter’s privacy policy, which can be found here https://www.qualitydental.com.au/privacy-policy/

By entering this Competition or providing personally identifiable information you consent to the collection, processing, maintenance and transfer of such information in Australia and other applicable territories outside of the country where the data was collected from you. The Released Parties (as defined below) will take all steps reasonably necessary to ensure that your personal information is treated securely and in accordance with Promoter’s Privacy Policy and these Official Rules in respect of such transfer, but will not otherwise take steps to ensure compliance with applicable laws in your country of residence. By participating in the Competition, entrants expressly agree to such transfer. In the event of an inconsistency between these Official Rules and the Promoter’s Privacy Policy, these Official Rules shall prevail.

  1. Release and Limitations of Liability:

By entering, you agree to release and hold harmless the Promoter and Invisalign Australia Pty Ltd, their respective parents, subsidiaries, affiliates, and each of their respective officers, directors, employees, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Competition or receipt or use of any prize, including, but not limited to: (a) unauthorised human intervention in the Competition; (b) technical errors related to computers, servers, providers, or telephone, or network lines; (c) any errors on the Competition site that may impact may entry; (d) printing errors; (e) lost, late, postage-due, misdirected, or undeliverable mail; (f) errors in the administration of the Competition; or (g) injury or damage to persons or property. You further agree that in any cause of action, in no event shall the Released Parties be liable for attorney’s fees. You waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.

  1. Indemnification:

Upon Promoter’s request, you agree to defend, indemnify, and hold harmless the Released Parties from all liabilities, claims, and expenses, including attorney’s fees that arise from: (a) your breach of any provision of these Terms; (b) Licensees’ use of your Submission in accordance with these Terms; or (c) your violation of any intellectual property right of another party. Sponsor reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

  1. Disputes:

Entrants agree that any and all disputes, claims and causes of action arising out of, or connected with, the Competition or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in New South Wales, Australia. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of Promoter or the Sponsor in connection with the Competition, shall be governed by, and construed in accordance with, the laws of New South Wales, Australia, without giving effect to any choice of law or conflict of law rules (whether of NSW or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than New South Wales, Australia.

  1. Results:

The winner will be announced within 2 business days of 31 January 2017 on the following qualitydental.com.au subdomain: https://qualitydental.com.au/fb-competition and displayed for a period of 28 days.