“IT’S TIME TO SMILE PROGRAM” OFFICIAL TERMS & CONDITIONS
No purchase or payment of any kind is necessary. A purchase or payment will not increase your chances of being selected. Please read the following terms & conditions carefully as you will be bound by them and must comply with the rules to be eligible to participate.
“It’s Time to Smile” (“Program”) is open only to legal residents of the United States of America, who reside in or near Grand Rapids, Michigan, and who are at least eighteen (18) years old as of the date of application. The Program is void where prohibited. Officers, directors, and employees (and members of their household or immediate family, i.e., spouse, parent, child, sibling, grandparent, the “steps” of each and members of each of their households) of Advanced Oral Surgery & Dental Implant Studio, and each of their respective parent companies, affiliates, subsidiaries, promotion, marketing, advertising, digital and web design agencies, and other individuals or entities associated with the creation, administration, implementation, and execution of this Program are ineligible to apply. In order to maintain eligibility throughout the Program, an Applicant must abide by these Official Terms & Conditions and maintain appropriate decorum befitting the reputation and values of Advanced Oral Surgery & Dental Implant Studio and must not otherwise engage in any conduct which would embarrass Sponsor or bring Sponsor into public disrepute or ridicule, or which would insult or offend the public or any segment thereof.
2. HOW TO APPLY
Between 10/14/2022 at 12:00 AM, ET and 10/28/2022 at 11:59 PM, ET, an Applicant must follow the instructions to complete the required registration information, including his/her name, year of birth, valid email address, telephone number, and city and state of residence. Additionally, at such time, an Applicant must then follow the instructions to submit the required responses as further described in Section 3 below.
Limit: Only one (1) Submission per Applicant during the Program regardless of the email address used. Submissions received from any person, email address, or household in excess of the stated limit will be void. Applicants may only use one (1) email address to apply for the Program.
NOTE: Once a Submission has been submitted, it may not be deleted, edited, or modified. All Submissions become the property of Advanced Oral Surgery & Dental Implant Studio and will not be returned.
3. SUBMISSION REQUIREMENTS
In order to be eligible to participate in the Program, Applicant must answer six (6) prompts and comply with the Additional Submission requirements.
- List your dentist if you have one;
- Tell us about your dental history, including who your dentist is (if you have one) and the date of your last dental visit;
- How you heard about the It’s Time to Smile Program;
- Tell us why restoring your smile is important to you;
- Tell us why you think you are a good candidate for the It’s Time to Smile Program and should be selected to receive the appropriate dental treatment, i.e., a single full-arch (either upper or lower) or a double full-arch (top and bottom) dental restoration (“Dental Procedure”); and
- Tell us about an obstacle in your life that you had to overcome or plan to overcome in the future.
Additional Applicable Submission Requirements:
The Submission, in its entirety:
- Must be the Applicant’s original creation (an original creation is the product of one’s own mind, is not a copy or imitation, and is not the result of trade secret misappropriation);
- Must be entirely in English;
- Must not include hyperlinks to content on other sites or media;
- Must not have been previously submitted in any It’s Time to Smile Program or promotion or published in any media;
- Must not contain content that is unlawful, in violation of, or contrary to federal, state, or local laws;
- Should not contain material that, either explicitly or implicitly, mentions, depicts, shows, refers, or otherwise alludes to the name or logo, trademark, or service mark of any third party, individual, company, entity, product, or brand other than Advanced Oral Surgery & Dental Implant Studio’s;
- Must not contain any material or references that violate or infringe upon a third party’s rights, including but not limited to, privacy, publicity, or intellectual property rights, nor may it in any way infringe upon a third party’s copyright or trademark rights;
- Must be in good taste as determined by Sponsor in their sole discretion;
- Must not contain language or contents that in any way disparages or defames or in any way reflects negatively upon the Sponsor, their practice or products, or any person or entity as determined by Advanced Oral Surgery & Dental Implant Studio in their sole discretion; Must not contain content that is inconsistent with Advanced Oral Surgery & Dental Implant Studio’s marketing practices;
- Must not contain, mention, refer, or otherwise allude to any obscene, lewd, violent, illegal, offensive, hateful, disparaging, or inappropriate words, language, symbols, signs, or abbreviations;
- Must not advocate or denigrate any political or societal beliefs;
- Must not contain, mention, refer, or otherwise allude to any political or religious references, statements, or symbols;
- Must not contain words or symbols that may be considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation, age, or socioeconomic group; and
- Must not in any way promote alcohol, illegal drugs, or tobacco (or the use of any of the preceding).
NOTE: Applicants understand and acknowledge that Advanced Oral Surgery & Dental Implant Studio, in their sole discretion, after good faith consideration and review of a Submission in its totality, reserves the right to accept, edit, modify, or reject any Submission. Additionally, Advanced Oral Surgery & Dental Implant Studio reserves the right at any time during the It’s Time to Smile Program and thereafter to disqualify any Submission that Advanced Oral Surgery & Dental Implant Studio determines, in their sole discretion, does not comply with these Official Terms & Conditions or otherwise contains, or uses, prohibited or inappropriate content, and, the Applicant may also be disqualified from participation in the It’s Time to Smile Program.
4. PROGRAM EVALUATION, SELECTION & VERIFICATION PROCESS
Only Submissions from eligible Applicants as defined in Section 1 above whose Submissions are in compliance with Section 3 will be included for selection as stated herein. The It’s Time to Smile Program will consist of two (2) rounds of evaluation.
ROUND ONE: EVALUATION PERIOD
All eligible Entries received by Advanced Oral Surgery & Dental Implant Studio by 10/28/2022 at 11:59 PM, ET will be evaluated and assigned points by a panel of It’s Time to Smile Program Evaluators comprised of Advanced Oral Surgery & Dental Implant Studio’s designated administrative, marketing, and professional experts in accordance with the following criteria:
Responses will be judged and evaluated based on the following:
- Applicant’s Response regarding Applicant’s dental health and why he/she wants/needs a dental treatment consisting of either a single (either upper or lower) or double (upper and lower) full-arch dental restoration (“Dental Treatment”);
- Applicant’s Response as to why restoring his/her smile is important to him/her; and
- Applicant’s Response as to why Applicant thinks he/she is a good candidate for the It’s Time to Smile Program and should be selected to receive the appropriate dental treatment, i.e., a single full-arch (either upper or lower) or double full- arch (upper and lower) dental restoration (“Dental Procedure”).
ROUND TWO: SEMI-FINALIST EVALUATION PERIOD
Semi-Finalist Responsibilities: Within approximately seven (7) business days after being notified of being a Semi-Finalist, all Semi-Finalists will receive from Advanced Oral Surgery & Dental Implant Studio the date(s) on which he/she is to appear at Advanced Oral Surgery & Dental Implant Studio’s office for a medical/dental examination and a potential Interview with Advanced Oral Surgery and Dental Implant Studio and its representatives, which Advanced Oral Surgery & Dental Implant Studio may record or videotape. The medical Examination and the Interview are typically held on separate days. At the time of such Interview & Examination, Semi-Finalists will be required, among other things:
- To read, sign, and return to Sponsor at the time of his/her Interview & Examination an Affidavit of Eligibility/Compliance & Publicity/Liability Release (“Affidavit & Release”). Failure to properly sign and return said Semi-Finalist Affidavit & Release may result in disqualification of the potential Semi-Finalist;
- To complete and furnish Advanced Oral Surgery & Dental Implant Studio with a medical/dental history questionnaire as requested and provided by Advanced Oral Surgery & Dental Implant Studio;
- To allow Advanced Oral Surgery & Dental and/or its professional representatives to conduct a complete clinical dental examination as they determine necessary, including but not limited to all X-rays of an Applicant’s teeth and mouth. All travel and out-of-pocket expenses incurred for a potential Semi-Finalist to attend and or participate in such meetings, interviews, medical/dental examinations shall be solely the responsibility of each Semi-Finalist;
- And to promptly comply with all other reasonable requests of Sponsor.
Failure to comply with the above requirements will eliminate a Finalist from participation in the Program. Finalists acknowledge that they have been informed that their Interview(s) will be recorded and videotaped for evaluation purposes.
SELECTION OF THE RECIPIENT OF THE DENTAL PROCEDURE
On or about 11/17/2022, the Round Two Evaluators, comprised of Advanced Oral Surgery & Dental Implant Studio’s designated administrative, marketing, and professional experts, will, in order to determine the potential recipient of the Dental Treatment (“Recipient”), i.e., the Semi-Finalist who would most benefit from receiving the single or double full-arch dental restoration treatment;
- Review each of the Semi-Finalist’s dental and medical records;
- Review the results of each Semi-Finalist’s clinical dental examination;
- Assess each Semi-Finalist’s suitability for treatment;
- Conduct and Assess each Semi- Finalist’s videotaped interview; and
- Review the Responses that each Semi-Finalist submitted during Round One.
The name of the potential Recipient will be determined on or about 11/17/2022 and Advanced Oral Surgery & Dental Implant Studio will notify the potential Recipient either by email and/or telephone at such time. The decisions of the It’s Time to Smile Program Evaluators and Advanced Oral Surgery & Dental Implant Studio shall be final and binding in all matters pertaining to the evaluation and selection process. Potential recipients acknowledge that they will be the subject of a background check by Sponsor or their representative so that their selection as the Recipient will not embarrass or in any way reflect negatively on Sponsor or the Program and that they agree to the performance of said background check.
5. “THE DENTAL PROCEDURE”
The Recipient will receive, as the Dental Procedure, treatment dependent upon his/her dental needs, as determined by the Round Two Evaluators in their best professional judgment, either a single full- arch (upper or lower) or double full-arch (upper and lower) dental implant replacement treatment. Approximate Retail Value (“ARV”): $25,000 to $50,000, depending on the treatment provided. All expenses not specified above, such as travel to and from Sponsor’s professional offices for all meetings, examinations, dental appointments including full-dental arch restoration treatments, meals, etc., are solely the Recipient’s responsibility. Advanced Oral Surgery & Dental Implant Studio has no responsibility for the Recipient’s inability or failure to accept or utilize the Dental Procedure as described herein. NOTE: In order to be awarded the Dental Procedure, the Finalist must dutifully keep all appointments at times mutually agreed to by the Recipient and Advanced Oral Surgery & Dental Implant Studio and otherwise cooperate and follow Advanced Oral Surgery & Dental Implant Studio’s medical/dental instructions, or the Dental Procedure will be deemed forfeited without any further responsibility by Advanced Oral Surgery & Dental Implant Studio to the Recipient. In addition to the previously signed Semi- Finalist Affidavit & Release, the potential Recipient may be asked to sign a Recipient Affidavit & Release as provided by Advanced Oral Surgery & Dental Implant Studio. Failure to sign and return the Recipient Affidavit & Release by the date specified in the letter of notification may result in forfeiture of the Dental Procedure. The Recipient may be issued a Form 1099 for tax purposes in the amount of the actual value of the dental services provided and must submit his/her Social Security Number or Taxpayer ID Number, as required by law. The Dental Procedure is not redeemable for cash, nor is it transferable or substitutable except by Sponsor with one of equal or greater value. All federal, state, and local taxes are solely the responsibility of the Recipient.
6. RESPONSIBILITIES OF ENTRANT
(A) REPRESENTATIONS/WARRANTIES AS CONDITIONS OF ENTRY/PARTICIPATION
By participating in this Program, an Applicant represents and warrants that: (i) he/she is of the legal capacity to participate in this Program; (ii) he/she owns all rights and title to his/her Submission and the Submission is solely his/her own original work; (iii) the Submission does not infringe the intellectual property, privacy, publicity rights or any other legal or moral rights of any third party. Additionally, an Applicant represents and warrants that throughout his/her participation in this Program, he/she will conduct himself/herself in an appropriate manner and not engage in any behavior or manner that would embarrass Sponsor, Program Entities or reflect negatively on Advanced Oral Surgery & Dental Implant Studio’s practice, service or products.
By submitting a Submission, an Applicant assigns to Advanced Oral Surgery & Dental Implant Studio, their affiliates, legal representatives, assistants, agents, and licensees an irrevocable, exclusive, unlimited, unconditional, royalty-free, fully paid-up and perpetual license to copy, transmit, publish, post, broadcast, display, adapt, exhibit, reproduce, encode, store and/or otherwise use, reuse, or not use his/her Submission or any portion of the Submission, as submitted or as edited/modified in any way by the said licensees, in their sole discretion in the It’s Time to Smile Program in any and all media without limitation, worldwide and throughout perpetuity, without additional compensation, notice to or approval from the Applicant. Applicant understands and agrees that although he/she has granted the above stated licensee to use or reuse his/her Submission or any portion thereof as stated herein above, Advanced Oral Surgery & Dental Implant Studio in its sole discretion, may elect not to so use said Submission. THE APPLICANT REPRESENTS, UNDERSTANDS, AND ACKNOWLEDGES THAT HE/SHE WILL NOT BE PAID FOR OR RECEIVE ANY FORM OF COMPENSATION OR ROYALTY IN EXCHANGE FOR GRANTING ADVANCED ORAL SURGERY & DENTAL IMPLANT STUDIO THESE RIGHTS OR FOR ANY SUBSEQUENT USE OF SUCH SUBMISSION OR ANY PORTION THEREOF BY ADVANCED ORAL SURGERY & DENTAL IMPLANT STUDIO OTHER THAN ANY DENTAL TREATMENT HE/SHE MAY RECEIVE HEREIN. The Applicant waives all intellectual property rights, privacy/publicity rights, or other legal or moral rights that might limit or preclude Sponsor’s use of the Submission or any portion thereof, or use of any recordings, photos, or videos taken during the Interview & Examination, Dental Procedure, or follow-up interviews and appointments and agrees not to sue or assert any claim against It’s Time to Smile Program Entities arising out of or connected to the use of any of the aforementioned or any portion thereof.
By submitting a Submission, the Applicant agrees to indemnify and hold harmless the Program Entities from any and all claims, damages, expenses, costs (including reasonable attorneys’ fees) and liabilities (including settlements) brought or asserted by any third party against any of them due to, or arising out of, the Submission or his/her conduct in creating the Submission or other actions in connection with this Program including, but not limited to, claims for trademark infringement, copyright infringement, work product, violation of an individual’s right of publicity or right of privacy, or defamation. The Applicant further agrees to release and hold harmless the It’s Time to Smile Program Entities from any and all claims that any advertising subsequently produced, presented, and/or prepared by or on behalf of Advanced Oral Surgery & Dental Implant Studio infringes his/her rights with regard to the Submission and/or any portion thereof.
7. INTERNET/LIMITATIONS OF LIABILITY
No liability or responsibility is assumed by Advanced Oral Surgery & Dental Implant Studio or It’s Time to Smile Program Entities resulting from an individual’s participation in or attempt to participate in the Program. The It’s Time to Smile Program Entities are not responsible for interrupted or unavailable network servers or other connections; for miscommunications; failed telephone or computer transmissions; for jumbled, scrambled or misdirected entries or transmissions; for phone, electrical, network, computer hardware or software or program malfunctions, failures or difficulties; for other errors, omissions, interruptions or deletions of any kind, whether human, mechanical, or electronic; or for any damage to any person’s computer related to participating in the Program. The It’s Time to Smile Program Entities are not responsible for incorrect or inaccurate information, whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Program; or for any technical or human errors that may occur in the processing of any information in the Program. Persons found tampering with or abusing any aspect of the It’s Time to Smile Program, as solely determined by Advanced Oral Surgery & Dental Implant Studio, may be disqualified and may be subject to prosecution. Any person attempting to apply using multiple email addresses, multiple identities, or any other device or artifice to apply multiple times or to interfere with the proper play of the Program may be disqualified from participation in the It’s Time to Smile Program. Additionally, any use of robotic, automatic, macro, programmed, third-party, or like methods to participate in the It’s Time to Smile Program will void any attempted participation affected by such methods and may lead to the disqualification of the individual utilizing the same. Advanced Oral Surgery & Dental Implant Studio reserves the right to disqualify any individual found, in its sole opinion, to be tampering with the operation of the Program, to be acting in violation of these Official Terms & Conditions or to be acting with the intent to disrupt the intended operation of the it’s Time to Smile Program. If Advanced Oral Surgery & Dental Implant Studio, in their sole discretion, determines that the It’s Time to Smile Program is not or may not be capable of running as intended because of viruses, bugs, non- authorized human intervention, an insufficient number of Applicants, Semi- Finalists, or the Recipient not being in compliance with these Official Terms & Conditions, or any other causes that corrupt or interfere or may corrupt or interfere with the administration, security, fairness, or proper play and/or intended execution of the It’s Time to Smile Program, Advanced Oral Surgery & Dental Implant Studio reserves the right, in its sole discretion, to modify, suspend, cancel, or terminate the It’s Time to Smile Program and proceed in a manner deemed fair and appropriate by Advanced Oral Surgery & Dental Implant Studio.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR ANY RELATED WEBSITE OR UNDERMINE TO THE LEGITIMATE OPERATION OF THE IT’S TIME TO SMILE PROGRAM IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, ADVANCED ORAL SURGERY & DENTAL IMPLANT STUDIO RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
Any personally identifiable information collected during an Applicant’s participation in this Program will be collected by Advanced Oral Surgery & Dental Implant Studio or their representative and used by Advanced Oral Surgery & Dental Implant Studio for purposes of the proper administration and fulfillment of the It’s Time to Smile Program as described in these Official Terms & Conditions and in accordance with the requirements of the Health Insurance Portability and Accountability Act.
9. PUBLICITY RIGHTS
By participating in this Program, an Applicant agrees to allow Advanced Oral Surgery & Dental Implant Studio’s designees the perpetual right to use his/her name, biographical information, photos and/or likeness, videos and statements for the It’s Time to Smile Program, trade, commercial, advertising, and publicity purposes, at any time or times, in all media now known or hereafter discovered, worldwide, including, but not limited to, on the World Wide Web, Web 3, and Internet, without notice, review, or approval and without additional compensation except where prohibited by law.
By participating in this Program, each Applicant releases and agrees to indemnify and hold harmless It’s Time to Smile Program Entities from and against any and all costs, claims, damages (including without limitation, any special, incidental or consequential damages) or any other injury, whether due to negligence or otherwise, to person(s) or property (including, without limitation, death or violation of any personal rights, such as violation of right of publicity/privacy, libel or slander), due in whole or in part, directly or indirectly, to participation in the It’s Time to Smile Program or acceptance of the Dental Procedure, or arising out of participation in any Program-related or Dental Procedure activity whether hosted or provided by Advanced Oral Surgery & Dental Implant Studio or a third party.
11. DISPUTE RESOLUTION
Except where prohibited, by participating in the It’s Time to Smile Program, an Applicant agrees that: (a) except as otherwise specifically set forth in these Official Terms & Conditions, any action arising out of or relating to these Official Terms & Conditions or the rights and obligations of any Applicant and/or Sponsor shall be “led exclusively in the United States District Court for the District of Michigan, Grand Rapids Superior Court, or the appropriate Michigan State Court located in Grand Rapids, Michigan, and Applicant hereby consents and submits to the personal jurisdiction of such court for the purposes of litigating any such action, and any right to a trial by jury is hereby waived; (b) any and all disputes, claims, and causes of action arising out of or connected with these Official Terms & Conditions, and/or the rights and obligations of any Applicant and/or Sponsor, shall be resolved individually, without resort to any form of class action; (c) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred and in no event will Applicant be entitled to receive attorneys’ fees or other legal costs; (d) under no circumstances will Applicant be permitted to obtain injunctive or other equitable relief and Applicant’s sole remedy will be an action at law for damages to the extent allowed by sub- paragraphs (c) and (e) of this Section 11; and (e) under no circumstances will Applicant be permitted, and Applicant hereby waives all rights, to: (i) claim punitive, exemplary, special, incidental, indirect, and consequential damages, and any other damages (whether due to negligence or otherwise), other than for actual out-of-pocket costs described in (c) above; and (ii) have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Terms & Conditions, or the rights and obligations of any Applicant and/or Sponsor, shall be governed by and construed in accordance with the laws of the Commonwealth of Michigan without giving effect or regard to any principles or doctrines of conflicts of law of the Commonwealth of Michigan or any other jurisdiction. If any provision or provisions of these Official Terms & Conditions shall be held to be invalid, illegal, unenforceable, or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
Each Applicant waives any right to claim ambiguity in these Official Terms & Conditions. All Submissions become property of Sponsor and will not be returned. In the event of a dispute as to the identity of a selected participant based on an email address, the selected participant entry will be declared made by the person identified in the registration upon applying. All federal, state, and local laws apply. The Program is void in jurisdictions other than those stated above and wherever prohibited.
Sponsor: Advanced Oral Surgery & Dental Implant Studio