NATIONAL PROMOTION WITH LOCAL PRACTICE BENEFITS
OFFICIAL CONTEST RULES
Revised: December 4, 2017
THE RADIESSE® & BELOTERO BALANCE® FACES OF AMERICA SEARCH
DESCRIPTION: The RADIESSE® & BELOTERO BALANCE® Faces of America Search (the “Search”) is presented by Merz North America, Inc. (the “Sponsor”). The Search Period begins at 12:00:01 AM Eastern Time (“ET”) on October 12, 2017 and ends at 11:59:59 PM ET on February 9, 2018 (the “Search Period”). The Search Website’s (as defined below) database clock will be the official timekeeper for the Search.
The intent of the Search is to invite individuals who have moderate to severe lower facial wrinkles and folds, such as nasolabial folds, to participate in a “talent search” for an upcoming RADIESSE® and BELOTERO BALANCE® treatment advertising campaigns by entering through one of the methods of entry described below. The Search has two components: a live casting component and an in-office, physician-recommended component, and will include two (2) rounds of judging to determine five (5) winners, all as further described herein.
ELIGIBILITY: The Search is only open to individuals who meet all of the following eligibility criteria:
- MUST be forty (40) years of age or older as of the date of entry;
- MUST be a legal resident of one of the fifty (50) United States or the District of Columbia;
- MUST be able to travel on or about June 25, 2018-June 28, 2018 or such other dates as are required, as determined by Sponsor in its sole discretion, for the advertising campaign photo shoot in Los Angeles, California;
- MUST have a basic command of the English language, written and spoken;
- MUST be in excellent health;
- MUST NEVER have been convicted of a crime;
- MUST NOT have ever acted in a manner that will bring Sponsor into disrepute, in Sponsor’s sole discretion;
- MUST NEVER have had their photo, image or likeness published commercially, whether paid or not;
- MUST NOT be a party to any exclusive modeling contract or other commercial commitment that would be breached by participation in the Search;
- MUST have moderate to severe lower facial wrinkles and folds; and
- MUST NOT have had fillers in their lower face in the past six (6) months.
IMPORTANT: You should not use RADIESSE®, RADIESSE® (+), or BELOTERO BALANCE if you have a history of severe allergies or anaphylaxis, or if you are pregnant or breastfeeding. You should not use RADIESSE® or RADIESSE® (+) if you have an allergy to any part of the product, or if you have a bleeding disorder. You should not use RADIESSE® (+) if you have an allergy to lidocaine or medicines like it. You should not use BELOTERO BALANCE if you have an allergy to gram-positive bacterial proteins. Please visit www.radiesse.com and www.belotero.com for more information on these treatments.
HOW TO ENTER AND ENTRY GUIDELINES:
PHASE I: LIVE CASTING/IN-OFFICE SUBMISSIONS
- OPTION 1 – LIVE CASTING ENTRY: Eligible individuals may enter the Search using one of the following methods of entry during the Live Casting events.
THERE IS NO PURCHASE NECESSARY TO ENTER OR WIN VIA THE LIVE CASTING OPTION AND MAKING A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. However, Sponsor is not responsible for costs of travel to/from the Live Castings or treatments, or for any other costs and expenses not expressly provided for herein. Such costs are the sole responsibility of participant.
- Live Casting – Advance Submission: During the Search Period, and at least 48 hours prior to the date of the Live Casting that you hope to attend (Live Casting dates listed below), visit Sponsor’s webpage at www.MerzFacesofAmerica.com, and follow all instructions to: (i) complete and submit the entry form in its entirety (including, without limitation, providing your name, city and state, phone number, email address, and date of birth); and (ii) upload one (1) recent (taken between October 12, 2017 and November 17, 2017) and unique photo clearly and accurately depicting the moderate to severe facial wrinkles or folds on your lower face (collectively, the “Advance Entry”). Advance Entry must be submitted by the participant. Photo must be taken without any make-up and must comply with the Submission Requirements set forth below. Sponsor will send individuals a confirmation email requesting that they select an appointment time to attend the Live Casting (as described below) to meet with Sponsor and/or Sponsor’s panel of doctors.
- Live Casting – No Advance Submission: Eligible individuals may enter the Search by attending a Live Casting without submitting an Advance Entry; however, individuals without an Advance Entry will not be guaranteed a timeslot to meet with Sponsor and/or Sponsor’s panel of judges. Participants must complete an entry form at the Live Casting. PARTICIPANTS MAY NOT ATTEND MULTIPLE LIVE CASTINGS IN ORDER TO ENTER THE SEARCH.
Live Casting Dates: The Live Castings will take place at the following locations and times:
- Wednesday, October 25, 2017 from 12:00 PM ET to 6:00:00 PM ET at The Confidante Hotel, 4041 Collins Ave, Miami Beach, Florida, USA, 33140
- Saturday, November 4, 2017 from 10:00 AM ET to 5:00 PM ET and Sunday, November 5, 2017 from 11:00 AM ET to 5:00 PM ET at the Ultimate Women’s Expo, Georgia World Congress Center, 285 Andrew Young International Blvd NW, Atlanta, GA 30313
- Sunday, November 19, 2017 from 10:00 AM PT to 5:00 PM PT at Gloss Beauty Bar, 9867 S Santa Monica Blvd, Beverly Hills, CA 90212
Except where prohibited by law, all participants entering via the Live Castings consent to being photographed by a photographer and videotaped by a videographer appointed by Sponsor, at Sponsor’s sole discretion and agree to sign any release or assignment documenting that consent that may be requested by Sponsor. “Before” photographs will be taken of all participants at the Live Castings to document any pre-treatment lines, wrinkles or folds on the patient’s lower face.
At the live casting, all individuals will be pre-screened by a Merz representative for eligibility and appropriateness to proceed. The best candidates will proceed to evaluation by panel of eleven (11) physicians (the “Judges”) to determine if the participant should be selected as a semi-finalist. The panel will include 3 Judges at the Miami Live Casting, 5 Judges at the Atlanta Live Casting and 3 Judges at the Los Angeles Live Casting.
Live Casting Semi-Finalists: After each Live Casting, each the of the Judges from the Sponsor’s panel will select three (3) potential semi-finalists from the Live Casting (collectively, the “Live Casting Semi-Finalists”) based on: (i) each participant’s responses to the Judges’ questions and discussion topics; and (ii) the Judges’ assessment of the participant’s lower facial wrinkles or folds. A total of thirty-three (33) Live Casting Semi-Finalists will be selected from the pool of all Live Casting participants, whether or not such participants submitted an Advance Entry. The Live Casting Semi-Finalists will receive a lower-face makeover with RADIESSE® and BELOTERO BALANCE® treatments (the “Treatment”) to be administered after the live casting event, subject to consultation and verification of eligibility described in further detail below, by one of the Sponsor’s panel of Judges present at the live casting event (a “Treatment Provider”) within a 60-mile radius of the casting location, as chosen by the Sponsor, in its sole discretion. The approximate retail value (“ARV”) of the Treatment is up to five thousand dollars (USD$5,000).
Each Live Casting Semi-Finalist must consent to a consultation (the “Consultation”) with a Treatment Provider, to be appointed by the Sponsor in its sole discretion, prior to receiving the Treatment to verify eligibility. If the appointed Treatment Provider determines that the Live Casting Semi-Finalist is not eligible for or does not otherwise qualify for the Treatment at the Treatment Provider’s sole discretion, the Live Casting Semi-Finalist will forfeit the treatment and will not be eligible for Phase II of the Search and Treatment Provider will, time permitting, choose an alternate Semi-Finalist. Each Live Casting Semi-Finalist must book the Consultation with the Sponsor by December 15, 2017 and the Consultation must take place by December 18, 2017.
Following Treatment, the Treatment Provider will assess the progress of each Live Casting Semi-Finalist. The Treatment Providers will submit to Sponsor “before” and “after” images of Live Casting Semi-Finalists with successful progress after Treatment for publication on the Search Website (as defined below), subject to Sponsor’s verification and approval. Except where prohibited by law, each Live Casting Semi-Finalist must consent (in writing) to be photographed by a photographer and videotaped by a videographer appointed by the Sponsor at the Live Casting and after the Treatment (collectively, the “Live Casting Photos”). Live Casting Semi-Finalists will also be asked to sign and return an IRS Form W-9 prior to provision of the Treatment. Each Live Casting Semi-Finalist must complete the “after” Live Casting Photo with the Sponsor by February 9, 2018. Live Casting Semi-Finalist may be required to have a second Consultation and Treatment to be administered by the Treatment Provider, if deemed necessary by the Treatment Provider. Live Casting Semi-Finalist may be asked to photograph himself or herself (“Selfies”) and provide Selfies to the Treatment Provider periodically after Treatment for continued assessment. Selfies may be shared with Sponsor.
Except where prohibited by law, non-compliance to participate in the Live Casting Photos will result in disqualification. EACH LIVE CASTING SEMI-FINALIST HEREBY ACKNOWLEDGES AND AGREES THAT SPONSOR WILL PUBLISH SELECT IMAGES FROM THE LIVE CASTING PHOTOS ON THE SEARCH WEBSITE IN ACCORDANCE WITH THE TERMS SET FORTH HEREIN.
- OPTION 2 – IN-OFFICE PATIENT SUBMISSION ENTRY: During the Search Period, a group of participating Treatment Providers identified by Sponsor will identify up to ten (10) potential RADIESSE® and BELOTERO BALANCE® patients with moderate to severe lower facial wrinkles or folds to submit to the Search. Only those patients that satisfy all eligibility criteria listed above, and who agree to these Official Rules and complete all required documentation and releases and complete the Treatment, will be eligible to participate (collectively, “In-Office Entrants”). RESIDENTS OF THE STATES OF MARYLAND, COLORADO AND ARIZONA MAY NOT PARTICIPATE VIA THE IN-OFFICE PATIENT SUBMISSION ENTRY TRACK. Each Treatment Provider will submit photographs taken before and after the In-Office Entrant’s Treatment (“In-Office Photos”) to the Search Website (as defined below) in order to enter the In-Office Entrant into Phase II of the Search. In-Office Entrants must complete Treatment on or before 1/26/18, and all In-Office Photos must be submitted to Sponsor on or before 2/9/18, to be eligible. Limit ten (10) In-Office Entrants per Treatment Provider. Each In-Office Entrant must consent to and complete a Consultation with their Treatment Provider prior to receiving the Treatment to verify eligibility. Only those individuals that the Treatment Provider determines are eligible and qualified for the Treatment, in the Treatment Provider’s sole discretion, will be eligible for submission as an In-Office Entrant. SPONSOR IS NOT RESPONSIBLE FOR ANY COSTS ASSOCIATED WITH AN IN-OFFICE ENTRANT’S TREATMENT.
- GENERAL ENTRY GUIDELINES
- SUBMISSION REQUIREMENTS: All of the terms and conditions as described herein apply to the format of any entry. All Online/Advance Entries and In-Office Photos (collectively, “Photos”) must comply with the following minimum guidelines to be eligible:
Sponsor shall verify that the Treatment was administered properly by the Treatment Provider, and any In-Office Entrant who received an improper Treatment (i.e., not in accordance with these Official Rules, with the Treatment’s instructions or as otherwise determined by Sponsor) will be disqualified at Sponsor’s sole discretion.
Except where prohibited by law, the In-Office Entrant must consent to being photographed by the Treatment Provider for the In-Office Photos, and consent to the sharing of additional information by the Treatment Provider with Merz in connection with Entrant’s Submission. Treatment and submission of the In-Office Photos must take place by 2/9/18. In-Office Entrants may be required to have a second Consultation. Except where prohibited by law, non-compliance to participate in the In-Office Photos will result in disqualification and the Prize will be forfeited in its entirety. EACH IN-OFFICE ENTRANT HEREBY ACKNOWLEDGES AND AGREES THAT SPONSOR WILL PUBLISH THE IN-OFFICE PHOTOS ON THE SEARCH WEBSITE IN ACCORDANCE WITH THE TERMS SET FORTH HEREIN.
LIMIT ONE (1) ENTRY PER PERSON VIA ANY METHOD. Although the Sponsor may receive multiple entries from a participant, only the first complete Entry received from a particular participant will be eligible; subsequent attempts by the same person to enter, including entries submitted with an alternate email address, will be disqualified. Normal Internet access, phone, and usage charges imposed by participant’s online or phone service may apply. All submitted entries become the property of the Sponsor and will not be acknowledged or returned. Incomplete entries will not be accepted and are void.
Participants must have a valid email address to enter and/or win. Multiple participants are not permitted to share the same email address. Any attempt by any participant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that participant's entry and that participant may be disqualified at Sponsor’s sole discretion. Incomplete, illegible, corrupted, or untimely entries are void and will be disqualified. Entries made by any other individual or entity that is not the person named on the submitted entry and depicted in the accompanying photograph, or made in any manner inconsistent with these Official Rules, will be declared invalid and disqualified from this Search. Once photographs are submitted to Sponsor they cannot be modified by the entrant. No altered or incomplete photographs or submissions will be accepted. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any entry, the authorized account holder of the email address used to enter will be deemed to be the participant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. The potential winner may be required to show proof of being the authorized account holder. By participating in this Search, participants agree to be bound by these Official Rules and decisions of Sponsor, including its agents and representatives, which are final and binding on all matters relating to this Search.
- Photos cannot contain content that is irrelevant to the purpose of the Search.
- Photos must be in .jpeg, .gif or .png file format and may not exceed 10MB in size.
- Photos must be recent and taken during the Search Period or as otherwise designated in these Official Rules.
- Photos must be original; no image editing software or filters may be used and no other alterations may be made.
- Photos must be of satisfactory clarity and quality (i.e., brightness, focus, etc.). Any Photos submitted that are not of satisfactory clarity and quality may be rejected, at Sponsor’s sole discretion.
- No duplicate Photos may be submitted.
- By submitting any Photo taken by a third-party, entrant warrants and represent that he/she has secured all rights and clearances to the Photo from the photographer.
- Photos must be of the face and not of the whole body.
- Photos cannot be profane, pornographic, sexually explicit, or suggestive.
- Photos cannot be violent or promote firearms/weapons.
- Photos cannot promote alcohol, illegal drugs or tobacco.
- Photos cannot defame, misrepresent or contain disparaging remarks about people, brands, products or companies.
- Photos cannot be obscene or offensive, endorse any form of hate or hate group or be derogatory to any ethnic, racial, gender, religious, professional or age group.
- Photos cannot reference or contain materials embodying copyrighted images, trademarks, names, likenesses or other indicia identifying any brand, products, company or person, living or dead, without permission.
- Photos cannot communicate messages inconsistent with the positive images and/or goodwill to which the Sponsor wishes to associate.
- Photos cannot depict illegal activity and cannot in themselves be in violation of any law.
- Photos cannot in any way include or reference persons or organizations without written permission from any person or organization whose name or likeness is used.
- Photos may not include or reference third parties, including but not limited to minors, known celebrities, famous or well-known persons or any content which violates the right of privacy or publicity of any person.
By submitting an entry, participant warrants, represents and agrees that: (a) it is unedited and original work and has been legally created; (b) it has not been previously published or distributed in any media; (c) it has not won previous contests or awards; (d) it does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other legal or moral rights of any person or entity; (e) participant owns all rights, titles and interest to the Photos, including without limitation, copyrights, and/or has received prior written permission from a third party if Photos were photographed by someone other than the participant herself, which participant is prepared to produce that permission upon request of Sponsor; and (f) participant will indemnify and hold harmless the Sponsor and the Search Entities from any claims and damages (including reasonable attorneys' fees) arising from or relating to the breach or alleged breach of your representations and warranties herein, the entry, or entrant’s conduct in creating the entry, the acceptance or use of any prize or otherwise in connection with this Search. Sponsor reserves the right to remove, reject or disqualify (along with the entrants who submitted them) any entry and Photo which, in its sole discretion, contains obscene, offensive or inappropriate content, violates any of these Official Rules or acts in a manner that is otherwise inappropriate, or that is not consistent with the spirit or theme of the Search, which shall be decided at the sole discretion of the Sponsor. Entries will not be acknowledged or returned to the entrant.
PHASE II: VOTING
On or about February 12, 2018, Sponsor will review all images submitted from the Live Casting Semi-Finalists and In-Office Entrants (collectively, the “Semi-Finalists”) to verify eligibility for Phase II. On or about March 1, 2018 at 12:00:00 AM ET, Sponsor will publish all “before” and “after” images for each Semi-Finalist on www.MerzFacesofAmerica.com, a portal available to the public (the “Search Website”) that may be used for promotional purposes. Members of the public can visit the Search Website between 12:00:00 AM ET on March 1, 2018 to 11:59:59 PM ET on April 1, 2018 to cast their votes for the most impressive “before” and “after” images and follow all instructions on the Search Website to submit his/her vote. The first time a vote is submitted, an email verification will be sent to the voter. The link contained in the email will need to be clicked on in order to verify the initial and all subsequent voting.
Semi-Finalists (and all participants) may use social media at any time to discuss the Search generally, and specifically to promote their entry to obtain votes, however, each Semi-Finalist/participant warrants and represents that he or she will comply with the laws requiring disclosure that the post is an entry into a competition or contest. By using social media in connection with this Search, each participant acknowledges and agrees to clearly and conspicuously disclose that he or she is participating in this Search in the social media post and any online social sharing interaction that references the Search or that is used to obtain entries/votes in connection with this Search. At a minimum, the hashtag #REALFacesMerzCasting and #SweepstakesEntry should be included in all social media communications sent pursuant to the Search. Sponsor reserves the right to disqualify any participant who does not adequately disclose his or her participation in this Search while engaging in any online social sharing interaction during the Search Period.
Participants are prohibited from obtaining votes by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to prospective voters, as determined by Sponsor in its sole discretion. Use of “dummy” accounts, script, macro or any fraudulent or automated system to vote or with the intent to impair the integrity of the voting process is prohibited and all such votes will be void. Sponsor reserves the right, in its sole and unfettered discretion, to nullify all votes obtained via such means and to disqualify participants who are associated from further voting or participation in the Search.
FINAL JUDGING & PRIZE WINNERS DETERMINATION: The ten (10) Semi-Finalists in each of the 50 states (and the District of Columbia) who receive the highest number of votes, based on residency of the Semi-Finalist, at 11:59:59 PM ET on April 1, 2018 will be eligible to continue to a second round of voting described below as Finalists (collectively, the “Finalists”), subject to fulfilling the additional requirements set out below (“Additional Finalist Requirements”). If there are fewer than 10 Semi-Finalists in a state (or D.C.), all Semi-finalists for that state will be eligible to proceed as Finalists to the next phase of judging.
On or about April 3, 2018, each potential Finalist will be contacted by the Sponsor via email and/or phone and requested to provide, within 72 hours of notification: (a) one (1) to four (4) additional Photos (the “Additional Photos”) depicting different angles of Finalist’s lower face; and (b) a 150 word (or less) response to a question posed by the Sponsor relating to the topic of “Why should you be selected to be one of the next Faces of RADIESSE and BELOTERO BALANCE?” (together, the “Supplemental Entry Materials”). Failure to submit the Supplemental Entry Materials in a timely manner will result in disqualification of the Finalist.
Each Finalist’s Entry, with all Supplemental Entry Materials, will be judged by a panel of judges comprised of Sponsor representatives as determined by Sponsor in its sole discretion (“Finalist Judges”). The Finalist Judges, in their sole discretion, will select the (5) five winners based on the following judging criteria: (i) progress following Treatment, as shown from the “before” and “after” images on the Search Website (50%); and (ii) evaluation of the Finalist’s response to the question posed by Sponsor (50%). Judging will be completed on/around April 15, 2018. Judging results are the sole property of Sponsor and will not be disclosed. The potential Prize winners remain subject to determination by the Treatment Provider (as defined below) in order to be eligible to receive the Prize. In the event of a tie, the tied Finalist who is determined by the Finalist Judges to have made the most progress following Treatment, as shown from the “before” and “after” images on the Search Website, will be a winner.
PRIZE/APPROXIMATE RETAIL VALUE (“ARV”): Each Live Casting Semi-Finalist will receive a RADIESSE® and BELOTERO BALANCE® Treatment, with an ARV of $5,000, for a total of thirty-three (33) Live Casting Semi-Finalist Prizes (collectively, the “Live Casting Semi-Finalist Prizes”).
Five (5) Finalists selected by the Judges as the Prize Winners will receive the following prizes (collectively, the “Prize”): (i) a second Treatment to be administered by a Treatment Provider near the Prize winner’s residence, as chosen by the Sponsor in its sole discretion with timing to be determined by the Sponsor in its sole discretion. (the “Treatment Prize”); (ii) a feature in Sponsor’s advertising campaign for RADIESSE® and BELOTERO BALANCE®; and (iii) a trip to Los Angeles, California to shoot Sponsor’s advertising campaign, including roundtrip coach airfare for two (2) persons from the airport nearest the winner’s residence to Los Angeles, CA, with standard hotel accommodations (double occupancy, up to two (2) nights and three (3) days) at a hotel to be determined by Sponsor, and round trip ground transportation to and from airport and hotel. Participation in the photo shoot is mandatory. The photo shoot will take place on or around June 25, 2018 and must be booked at least two (2) weeks in advance. Except where prohibited by law, failure to participate in the photo shoot will result in disqualification and the Prize may be forfeited, in whole or in part.
Maximum ARV of each Prize is $7,800.00. Any difference between the ARV and actual value of the Prize will not be awarded in cash. Total Maximum ARV of all prizes to be awarded is $204,000.00.
The potential Prize winners must consent to another Consultation with a Treatment Provider, to be appointed by the Sponsor in its sole discretion, prior to receiving the Treatment Prize; Treatment Provider will verify eligibility of the potential Prize winner to receive the Treatment Prize. If the appointed Treatment Provider determines that any potential Prize winner is not eligible for or does not qualify for the Treatment Prize, at the Treatment Provider’s sole discretion, the Prize will be forfeited in its entirety. The potential Prize winner must book the Consultation with the Sponsor by April 30, 2018 and the Consultation must take place by May 11, 2018, or the winner will forfeit the prize in its entirety. Treatment timing to be determined by Sponsor in its sole discretion. All potential Prize winners must submit to and pass a background check and drug testing and must execute all consents and other documentation required to complete same.
PRIZE NOTIFICATION & ACCEPTANCE: The potential Prize winners will be notified by email and phone on or about April 18, 2018 and will be required to sign and return, within five (5) days of notification, an Affidavit of Eligibility & Liability Waiver, a IRS Form W-9 (if one has not already been provided), and, except where prohibited by law, a Publicity and Photo Release (collectively, "the Releases"), as well as any other documentation that may be required by Sponsor, in order to claim the Prize. Potential Prize winners will be required to furnish their Social Security Number for the sole purpose of tax reporting, as required by law. If a potential Prize winner cannot be contacted in person via email and/or telephone after the first attempt, or if he/she fails to sign and return the Releases or other required documentation within the required time period (as applicable), or if potential Prize winner is unable to schedule the Treatment within the time period specified by Sponsor or travel on the dates specified by Sponsor, or in the event that a potential Prize winner is disqualified for any reason, an alternate potential winner with the next highest judging score may be notified. Noncompliance with the foregoing, failure to abide by these Official Rules, or return of the Prize notification as non-deliverable may result in disqualification and naming of an alternate potential winner.
ALL potential prize WINNERS ARE subject to verification by Sponsor, WHOSE decisions are final AND BINDING IN ALL MATTERS RELATED TO THE Search. an entrant is not a winner of any Prize unless and until entrant’s eligibility HAS been verified and entRant has been notified that verification is complete.
PRIZE CONDITIONS: SPONSOR SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF ANY ASPECT OF A PRIZE WINNER’S ACCEPTANCE OR USE OF THE PRIZE. Prize winners are responsible for all federal, state, local and income taxes associated with winning the Prize. Prize is non-assignable and not transferable. Prize cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsor reserves the right to make equivalent prize substitutions if Prize is unavailable, at its sole discretion, in which case a prize of equal or greater value will be awarded. Any other incidental expenses on prize not specified herein, including but not limited to, travel to and from the Treatment center, and are the winner’s sole responsibility. If, by reason of a print or other error, more prizes are claimed than the number set forth in these Official Rules, an alternate potential winner will be selected in accordance with the winner selection method described above from among all eligible claimants making purportedly valid claims to award the advertised number of prizes available.
As part of the Prize, the Prize winners and up to one (1) guest (“Guest”) will be awarded a trip to Los Angeles, California. Guest must be at time of prize fulfillment the age of majority in the jurisdiction in which s/he resides (and at least eighteen (18) years of age), unless accompanied by a parent or legal guardian, and must complete and return a liability/publicity release and any other documentation required by Sponsor prior to prize award. If Guest is a minor in his/her state of residence, minor’s parent/legal guardian must complete and return all releases on behalf of minor. Travel restrictions, conditions and limitations may apply. ARV of Prize may vary depending on point of departure, travel dates and fare/rate fluctuations. Any person that participates in the Prize that is not deemed to be a Guest must pay his/her own expenses. Guest must provide written consent to being in behind the scenes footage and may be asked to speak on camera.
Each Prize winner and his/her Guest must be able to travel on dates to be determined by Sponsor. Exact dates of travel to be determined at Sponsor’s sole discretion. All meals, ground transportation and incidentals not described herein and incurred by Prize winner and his/her Guest will be the sole responsibility of the Prize winner and/or his/her Guest.
Sponsor will determine which airport is closest to the winner’s home. If a Prize winner resides within a sixty (60) mile radius of Los Angeles, California (a “local resident”), in lieu of the round trip air transportation portion of the Prize, the Prize winner and Guests will receive round-trip limousine transportation of Sponsor’s choice for winner and his/her Guests from winner’s residence to the hotel. No compensation will be awarded in lieu of the difference in the ARV for the Prize for a local resident and the ARV for the Prize who is not a local resident.
Winner and Guest must travel together. Travel subject to availability and blackout dates. Winner and Guest are/is responsible for obtaining all necessary travel documents. Travel arrangements must be made through Sponsor’s agent and on an airline carrier of Sponsor’s choice. Certain travel restrictions may apply. If winner elects to travel or participate in the prize travel with fewer than one Guest, no additional compensation will be awarded. If winner elects to travel or participate in prize travel with more than one Guest, such additional persons shall be responsible for any and all costs associated with such travel. Winners and their Guests are also responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. No refund or compensation will be made in the event of the cancellation or delay of any flight except at the Sponsor’s sole discretion. Travel is subject to the terms and conditions set forth in these Official Rules, and those set forth by Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. The passenger contracts in use by the airlines or other transportation companies shall constitute the sole contracts with respect to the Prize winners’ and their Guests’ transportation and such contracts shall be solely between the Prize winners, their Guests and such transportation companies. Lost, stolen or damaged airline tickets will not be replaced or exchanged. With the exception of stopovers approved in advance at Sponsor’s sole discretion, no stopovers are permitted on tickets issued as part of the prize. If a stopover occurs, the prize travel will terminate and winner and his/her Guest will be responsible for the full fare which will be charged from the stopover point for the remaining trip segment(s), including the return. Sponsor shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by any air carrier(s) or other transportation companies or any other persons providing any of these services to passengers including any results thereof such as changes in services or accommodations necessitated by same. Airline tickets issued in connection with the prize may not be eligible for frequent flyer miles or upgrades. Winner and Guest must comply with all hotel check-in requirements, including, but not limited to, the presentation of a payment card. Air transportation and hotel accommodations must be taken together and cannot be taken separately.
In the event a winner and/or his/her Guest engages in behavior that (as determined by Sponsor) is obnoxious or threatening, illegal, or that is intended to threaten or harass any other person, or that in any way disparages or adversely affects the reputation, image, and/or customer goodwill of Sponsor or any of Sponsor’s services, products, trademarks, service marks, or logos, Sponsor reserves the right to terminate the travel early, and send winner and/or Guest home with no further obligations or compensation whatsoever to winner and/or Guest (which may, in Sponsor’s sole discretion, result in such winner’s disqualification from the Search and forfeiture of the Prize. In the event a winner or Guest engages in behavior during travel that (as determined by Sponsor) is illegal, tortious, or subjects winner or Guest to arrest or detention, Sponsor shall have no obligation to pay any damages, fees, fines, judgments or other costs or expenses of any kind whatsoever incurred by winner or Guest as a result of such conduct. SPONSOR SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF ANY TRAVEL RELATED TO THE PRIZE OR ANY OTHER ASPECT OF PRIZE WINNERS’ OR THEIR GUESTS’ ACCEPTANCE OR USE OF THE PRIZE.
GENERAL: Participants agree to these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to the Search. Failure to comply with these Official Rules may result in disqualification from the Search. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Search or in the announcement of the prize. Entries, Photos, materials, and data relating to this Search that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices are void. The Search Entities are not responsible for: (i) lost, late, misdirected, damaged or illegible entries; or (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of materials in connection with an entry or Photos, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive registration information by Sponsor on account of technical problems or traffic congestion on the Internet or at any website, including without limitation, the Search Website, or any combination thereof; or (iii) any injury or damage to participant’s or any other person's computer related to or resulting from participating in the Search. Proof of sending or submission of entry will not be deemed proof of receipt by Sponsor. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor reserves the right to permanently disqualify from any promotion it sponsors any person it believes has intentionally violated these Official Rules, attempted to tamper with or undermine the entry process, Search Website or any other site associated with this Search, and/or the legitimate operation of this Search, or has acted in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. If, for any reason, the Search is not capable of running as planned, Sponsor may, in its sole discretion, void any suspect entries and (a) cancel or terminate the Search (or any portion thereof); (b) modify the Search or suspend the Search to address the impairment and then resume the Search in a manner that best conforms to the spirit of these Official Rules; and/or (c) determine the winners from among the eligible, non-suspect Entries received up to the time of the impairment, according to the winner selection criteria set forth herein. Sponsor is not responsible for the incompatibility of participant’s hardware, software or browser technology with Sponsor’s hardware, software or browser technology.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT A PARTICIPANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE ANY WEBSITE ASSOCIATED WITH THIS SEARCH, INCLUDING, WITHOUT LIMITATION, THE SEARCH WEBSITE, OR TO INTERFERE WITH OR UNDERMINE THE LEGITIMATE OPERATION OF THE SEARCH MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
DISPUTES: This Search is governed by the laws of the United States. Except where prohibited, participant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Search or any Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of North Carolina or the appropriate State Court located in Wake County, North Carolina; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Search not to exceed fifty US Dollars (US$50.00), but in no event attorneys’ fees; and (3) under no circumstances will participant be permitted to obtain awards for and participant 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 participant and Sponsor in connection with the Search, shall be governed by, and construed in accordance with, the laws of the State of North Carolina, without giving effect to any choice of law or conflict of law rules (whether of the State of North Carolina or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of North Carolina.
THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS AGREEMENT WHETHER SOUNDING IN CONTRACT OR TORT, INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.
PUBLICITY; LIMITATIONS OF LIABILITY AND RELEASES: BY PARTICIPATING IN THIS SEARCH, ENTRANT AGREES THAT SPONSOR AND ITS PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, REPRESENTATIVES, CONSULTANTS, CONTRACTORS, LEGAL COUNSEL, ADVERTISING, PUBLIC RELATIONS, PROMOTIONAL, FULFILLMENT AND MARKETING, WEBSITE PROVIDERS, WEB MASTERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (THE “RELEASED PARTIES”) WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY PARTICIPANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THIS SEARCH, OR IN ANY SEARCH-RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF THE PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM. BY PARTICIPATING IN THIS SEARCH, PARTICIPANT AGREES THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEBSITE ASSOCIATED WITH THIS SEARCH OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SUCH SITE.
EXCEPT WHERE PROHIBITED BY LAW, PARTICIPATION IN THE SEARCH CONSTITUTES EACH ENTRANT’S GRANT TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR), AND THE RELEASED PARTIES THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING, BUT NOT LIMITED TO, THE WORLDWIDE WEB, AT ANY TIME OR TIMES, THE WINNER’S NAME, ENTRY/ENTRY MATERIALS, PORTRAIT, PICTURE AND VIDEO (INCLUDING, BUT NOT LIMITED TO, ALL PHOTOGRAPHS AND VIDEOS TAKEN IN CONNECTION WITH THE PRIZE AND CASTING PROCESS AND AS STATED HEREIN), VOICE, LIKENESS, OPINIONS AND BIOGRAPHICAL INFORMATION (INCLUDING, BUT NOT LIMITED TO, HOMETOWN AND STATE) FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS/HER NAME ON TELEVISION, THE INTERNET, SOCIAL MEDIA, OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS SEARCH, INCLUDING THE SEARCH WEBSITE, ANY OTHER WEBSITE ASSOCIATED WITH THE SEARCH, AND ALL PRIZES, 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. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each entrant understands and acknowledges that Sponsor has wide access to ideas, designs, and other materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each entrant also acknowledges that many ideas may be competitive with, similar or identical to the Submission and/or each other in theme, idea, format or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of Sponsor’s use of any such similar or identical material. Each entrant acknowledges and agrees that Sponsor does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of Sponsor’s actual or alleged exploitation or use of any Submission or other material submitted in connection with the Search, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Submission or any material based on or allegedly based on the Submission, and the entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
OFFICIAL RULES REQUEST: To request a copy of the Official Rules, send a self-addressed, stamped envelope by May 1, 2018 to: Faces of America Search – Official Rules Request, PO Box 25466, Rochester, NY 14625-0466.
WINNER CONFIRMATION: For a written confirmation of the winner (available after May 1, 2018) send a stamped, self-addressed envelope (no later than May 31, 2018), to: Faces of America Search – Winner Confirmation Request, PO Box 25466, Rochester, NY 14625-0466. VT residents may exclude return postage.
SPONSOR: Merz North America, Inc., 6501 Six Forks Road, Raleigh, NC 27615.
VOID IN PUERTO RICO, GUAM, THE U.S. VIRGIN ISLANDS, OUTSIDE THE U.S. AND WHEREVER ELSE PROHIBITED.
Copyright © 2017 Merz North America, Inc. All rights reserved.
MERZ AESTHETICS and the MERZ AESTHETICS logo are registered trademarks of Merz Pharma GmbH & Co. KGaA.
BELOTERO® and BELOTERO BALANCE® are registered trademarks of Merz Pharma GmbH & Co. KGaA.
RADIESSE® is a registered trademark of Merz North America, Inc.