NO PURCHASE IS NECESSARY TO ENTER. PURCHASES OF SERVICES OR PRODUCTS WILL NOT IMPROVE OR IN ANY WAY AFFECT THE CHANCE OF WINNING. THE CONTEST IS OPEN TO LEGAL RESIDENTS OF THE STATE OF CONNECTICUT WHO ARE AGE 25 AND OLDER. VOID WHERE PROHIBITED. THESE RULES AND REGULATIONS APPLY TO THE CONTEST WITH AN ENTRY PERIOD BEGINNING ON JANUARY 18, 2013 AND RUNNING TO FEBRUARY 8, 2013.
Lori Greenwald, M.D., P.C. is looking for one (1) winner to receive a series of medical and/or cosmetic treatments designed to improve his or her physical appearance (the “Makeover”) in Project Makeover (the “Contest”). See the section entitled “Prize” below for a list of possible procedures and treatments.
These Official Rules are available on the Contest’s official website: www.ProjectMakeover.net.
SPONSOR: The Contest is sponsored by the medical practice known as Lori Greenwald, M.D., P.C., a Connecticut professional service corporation doing business as “Vanishing Veins” and “Vivesse” (“Sponsor” or the “Practice”). The Sponsor’s address is 1 Barnard Lane, Bloomfield, CT 06002. All treatments will be provided by the Practice, its employees and/or representatives and will be performed and/or supervised by Lori Greenwald, M.D.
Dr. Lori Greenwald is a vascular surgeon and phlebologist whose specialty is the repair of varicose veins and spider veins. She also owns and operates an aesthetic medical center that specializes in cosmetic and aesthetic medical treatments some of which are listed below in the Section entitled “Prize”. The credentials and experience of Dr. Lori Greenwald may be reviewed on the Contest Website.
BINDING LEGAL AGREEMENT:
You should carefully read these Official Rules before entering the Contest, as your submission of Contest Materials will create a legal and binding agreement between you and the Sponsor.
Owners, officers, directors, employees, interns, agents and representatives of the Sponsor, its affiliates, and anyone involved in the development or execution of this Contest, and the immediate family members (parents, spouses, siblings, children and their spouses) and members of the household of any such owner, officer, director, employee, intern, agent or representative are not eligible to enter or win this Contest. Questions regarding eligibility will be decided by Sponsor, whose decisions are final and not subject to appeal.
HOW TO ENTER: The Contest entry period begins at 6:00:00 A.M. Eastern Standard Time (EST) on January 18, 2013 and ends at 7:59:59 A.M. EST on February 8, 2013 (the “Entry Period”). Sponsor’s computer is the official timekeeping device for this Contest.
To enter, visit the Contest Website during the Entry Period, complete the online entry form, which requires that you provide your name, address, telephone number(s), email address and other personal information and submit between two (2) and five (5) photos of your legs and three (3) photos of your face. You must also submit a written essay of no more than 250 words length (collectively, the “Contest Materials”).
The subject of the essay is WHY I SHOULD BE THE WINNER OF PROJECT MAKEOVER. All submissions must be in English.
Photographs must be in .jpg, .gif, .tif or .png format, have a minimum width of 960px and a file size no greater than 5MB. All entries become the property of the Sponsor, and no portion of any entry will be returned. At its option, Sponsor may post a selection of entries on the Contest Website.
You must be the only individual shown in the video and photographs. You must own all rights to the submitted Contest Materials. Contest Materials must be original and must not include unlawful, threatening, libelous, defamatory, indecent, obscene, violent, vulgar, pornographic or profane material, material that violates the intellectual property, privacy or other rights of third parties, or material that otherwise violates these Official Rules in whole or in part. By submitting Contest Materials, each entrant represents and warrants that (i) his/her essay and photographs are original, (ii) he/she owns the right to all the material in the Contest Materials, and (iii) Sponsor’s use of the Contest Materials, or any parts thereof, will not infringe upon the rights of any third party, including, without limitation, any intellectual property or privacy rights.
Normal Internet access charges imposed by your online service provider will apply and will be your responsibility. Sponsor is not responsible for entries that cannot be processed due to phone, network, electronic or computer hardware or software failure, or technical failures of any kind. In the event of a dispute as to the identity of an entrant, any online entry will be deemed submitted by the authorized account holder of the email account from which it was sent. The authorized account holder shall be the natural person to whom the applicable email address has been assigned by the Internet access provider, service provider, or other online organization responsible for assigning e-mail addresses for the domain associated with the submitted email address. A selected winner may be requested to provide the Sponsor with proof that the selected winner is the authorized account holder of the email address associated with the winning entry. If a dispute cannot be resolved, the entry will be deemed ineligible.
PRIZE: There is one (1) prize (the “Prize”) available to be won. The Contest Prize Winner (the “Winner”) will receive a series of medical and/or cosmetic treatments designed to improve his or her appearance (the “Treatments”).
The approximate retail value (“ARV”) of the Prize will range from $5,000 to $45,000 depending on the specific procedures and treatments which are recommended by the Practice for the Winner. The specific treatments that are recommended to the Prize Winner will be determined in the sole discretion of the Practice.
The Treatments will be administered over the course of three to six months and may include one or more of the following, and may include other treatments, depending on the specific needs of the Winner as determined by the Practice in its sole discretion:
The Winner must be willing to participate in the Media Activities described below. If the Winner is unable or unwilling to complete his or her obligations (including participation in Media Activities) then, at Sponsor’s discretion, that Winner may forfeit any remaining Treatments and Sponsor may select the next highest scoring entrant to be the Winner.
Prior to the administration of any medical treatment, the Winner will be informed in detail of the treatments to be provided and the risks associated therewith, and he or she must provide, in writing, a medical consent (“Informed Consent”) to such procedures. The Winner must make a determination in his or her own judgment as to whether to give such Informed Consent.
Sponsor does not guarantee that the results of any treatment or the recommended combination of treatments will result in an improvement in the Winner’s appearance in the Winner’s or anyone else’s judgment.
The scheduling of Treatments and any necessary preliminary or post appointments will be based on availability. The Winner must be medically eligible for the procedures and acknowledge that he or she will be required to submit to a variety of medical exams in order for such determination to be made. The nature, extent and number of any required medical exams to determine medical eligibility shall be determined in the Practice’s sole discretion but shall not be unreasonable under the particular circumstances and the determination of whether the Winner is medically eligible for any Treatment shall be determined solely by the Practice or, in the Practice’s sole discretion, any qualified doctor or other medical professional designated by the Practice and licensed in the State of Connecticut. In the event that the Winner is determined not to be medically eligible for the selected procedure, the Practice will notify him or her and if the Winner is not medically eligible to receive the Treatments, he or she will be disqualified and his/her rights to that portion of the Prize will be automatically forfeited.
Entrants should be aware that there are risks associated with any medical treatment and that complications may arise even in the case of appropriately administered medical care that complies with the appropriate standards of care. The Practice is not responsible for, and each entrant hereby waives any and all claims against the Practice with respect to, any costs and/or expenses incurred by entrant as a result of such medical complications.
There is no cash alternative and the Prize must be accepted as offered. The Prize is non-transferable. Sponsor reserves the right to substitute a prize of equal or greater value in its sole discretion.
All expenses not expressly provided for in these Official Rules, including, without limitation, taxes, insurance and transportation are solely the Winner’s responsibility.
MEDIA ACTIVITIES: By participating in this Contest, each entrant agrees and hereby grants Sponsor permission to use, copy, modify and make available to the public, without compensation, such entrant’s Contest Materials (with or without attribution to entrant) for any purpose, such as, but not limited to, press and media communications.
The Winner agrees (i) that Sponsor and its designees or agents may use entrant’s name and likeness to administer and promote the Contest and (ii) to participate in media promotional activities reasonably requested by the Practice in connection with the Contest without additional compensation, including appearances in various advertising media, including television, radio and online media and still photography.
The Winner expressly understands and agrees that he or she will be featured in a series of television segments on Fox TV and that the Treatments received as part of this Contest, as well as Winner’s personal story, will be the subject of those segments.
JUDGING AND ROUNDS: Round 1: All eligible entries received during the Entry Period will be judged by a panel of qualified judges determined by Sponsor in its discretion on a rolling basis using the following criteria:
The entries receiving the top ten (10) scores (the “Semifinalists”) will be eligible to proceed to Round 2. In the event of a tie among the entries receiving the lowest of the ten (10) highest scores, the entry involved in the tie having the higher score for compelling personal story will be eligible to proceed to the Round 2.
If, in Sponsor’s sole discretion, there is an insufficient number of qualified entries received, Sponsor shall have the right to terminate the Contest.
On or about February 8, 2013 the ten (10) semifinalists will be notified and will receive an Affidavit of Eligibility, a Liability Release and a Publicity Release (the “Affidavit”) and a PHI Disclosure Authorization (see the Section entitled “Authorization To Disclose PHI”) (the “Authorization”). Each such entrant will be required to complete, sign and deliver the Affidavit and the Authorization at the time of the in-office evaluations (see Round 2 below).
Round 2: Each Semifinalist will be required to undergo in-office evaluations during the week of February 11, 2013. At the time of the in-office evaluations the Semifinalists will be medically evaluated by Dr. Greenwald and/or another medical professional (Registered Nurse or Nurse Practitioner or Physicians’ Assistant) skilled in aesthetic medicine and/or vein care. In addition, each Semifinalist will be interviewed by a professional engaged in television production to evaluate the Semifinalist’s potential on-camera presence.
Any entrant selected to proceed to Round 2 who (i) does not timely return the signed Affidavit and Authorization, (ii) fails to undergo the required medical examination(s) or is determined by the Practice, in its sole discretion, to have a medical contraindication to any of the proposed Treatments, (iii) is determined by the Practice, in its sole discretion, to be unlikely to show a dramatic and visible improvement in the Conditions within a period of three (3) months, or (iv) or is found to be otherwise ineligible or not in compliance with these Official Rules, will be disqualified from the Contest and no longer eligible to receive a Prize.
At the end of Round 2, on or about February 16, 2013, each of the Semifinalists will be re-judged by a panel of qualified judges determined by Sponsor in its discretion on the basis of their in-office evaluation using the following criteria:
The Semifinalists receiving the three (3) highest scores will be named Contest finalists (the “Finalists”) and will move on to Round 3.
Round 3: During the period from February 16, 2013 to February 21, 2013, the three (3) Finalists will be filmed for a TV segment that will air on Fox TV on or about February 22, 2013. During that filming, a video will also be produced of each finalist that will be posted on the Contest Website. From February 22, 2013 through March 9, 2013, visitors to the website will have the opportunity to vote for their favorite entry (the “Public Vote”). The Public Vote for each entry will be combined with the judges’ Round 2 score (“Final Score”) to determine the Winner. The Round 2 score will be weighted to count for 50% of the Final Score and the Public Vote will count for 50% of the Final Score. The entrant receiving the highest Final Score will be named the Winner. The awarding of any prize will be subject to confirmation in accordance with these Official Rules. In the event of a tie among the top scoring entries, the entry involved in the tie receiving the highest score for potential on-camera presence in the Round 2 scores will be named the Winner of the specific Prize.
WINNER NOTIFICATION AND ACCEPTANCE: The Winner will be notified by phone, email, and/or U.S. mail on or after March 9, 2013.
In order to be confirmed a Winner, the selected entrant must contact the Sponsor to accept the Prize within three (3) calendar days following the date of first attempted notification; provided that delivery of the Prize (and the performance of Treatments) is conditioned upon the Winner’s provision of Informed Consent to the Treatments and continuing willingness to participate in reasonable Media Activities.
Forfeiture of the Prize and the selection of an alternate winner may result if an entrant: (i) fails to respond to a notification within the required time; (ii) is sent an email notification that is returned as undeliverable after three (3) attempts; (iii) is not available to have procedures performed on the dates and times specified by the Practice; or (iv) is otherwise not in compliance with these Official Rules.
AUTHORIZATION TO DISCLOSE PHI: As part of each entrant’s participation in the Contest, the Practice will be gathering/ creating/obtaining medical and other personal information about the entrant which may constitute Protected Health Information (“PHI”) under the Privacy Rule of the federal Health Insurance Portability and Accountability Act (“HIPAA”). The Practice will be using some portion of an entrant’s Contest related PHI for marketing purposes (“Marketing Purposes”) as defined in HIPAA. In order to be eligible to win a Prize in the Contest an entrant selected to be a Semifinalist will be required to sign a written authorization (“PHI Disclosure Authorization”) which will allow the Practice and the Sponsor to create, use and disclose such entrant’s PHI as needed for its Marketing Purposes.
GENERAL TERMS: This Contest is governed by the laws of the State of Connecticut and the United States of America. By entering the Contest, each entrant agrees to be bound by the terms of the Official Rules and by the decisions of the Sponsor, including, without limitation, the professional medical decisions of the Practice, which are final and binding on all matters pertaining to this Contest and not subject to appeal. Sponsor reserves the right to modify this Contest in any way it deems necessary or appropriate. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Contest or in the announcement of the prize.
Though the Practice will not seek reimbursement from any third party insurance carrier in connection with its performance of the Treatments, the Practice agrees that it will not violate any rules or regulations of the Winner’s medical insurance carrier in the administration of the Makeover.
GENERAL RELEASE; INDEMNITY: By entering the Contest, entrants release and hold harmless Sponsor and its affiliates, representatives, promotion, advertising and online technology agencies, prize suppliers and all others associated with the development or execution of this Contest, and each of their respective owners, shareholders, directors, officers, employees, contractors and agents (the “Releasees”) from any and all liability or any injuries, loss or damage of any kind arising from or in connection with participation in this Contest or acceptance, use, misuse or nonuse of any prize or parts thereof, including, without limitation, liability for death, personal injury, damage or loss of any kind, rights of publicity or privacy, defamation or portrayal in a false light and from liability to any other persons relating to or resulting from entering or downloading materials or software in connection with this Contest. The Releasees do not make any warranty, representation or guarantee, express or implied, in fact or in law, relative to any prize.
In addition to all other rules, required releases, and restrictions described in these Official Rules or that the Winner is otherwise advised of by Sponsor, by entering this Contest all entrants are deemed to acknowledge and agree that (1) the decision to undertake any Treatment is a serious decision and that there may be significant health risks, including, without limitation, death, and (2) the Practice and its employees, agents, representatives, officers, directors and affiliated companies assume no responsibility, risk or liability for any results, conditions or consequences, directly or indirectly arising from any Treatment (including, without limitation, any associated exams, appointments, tests, preliminary or follow-up procedures or appointments) associated with this Contest.
NO RECOURSE TO JUDICIAL OR OTHER REMEDIES: To the extent permitted by law, when entrants enter and participate in this Contest, the entrant expressly waives any and all claims, right to litigate or to seek injunctive relief and any other recourse to judicial or other remedies in case of disputes or claims resulting from or in connection with this Contest; however, if this clause is found to be invalid or unenforceable, then by entering the Contest, each entrant (1) agrees that any and all disputes, claims, and causes of action arising out of or in connection with the Contest, or any prizes awarded, shall be resolved individually without resort to any form of class action; (2) waives his or her right to a jury trial for such disputes, claims, and causes of action; (3) agrees that any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred by the prevailing party including costs associated with entering the Contest, but in no event attorneys' fees; and (4) agrees that under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses.
COPYRIGHT; PUBLICITY RIGHTS: By entering the Contest, each entrant grants to Sponsor an exclusive, royalty-free and irrevocable right and license to publish, print, edit or otherwise use the entrant's submitted entry, in whole or in part, for any purpose and in any manner or media now known or hereinafter developed (including, without limitation, the Internet) throughout the world in perpetuity, and to license others to do so, all without limitation or further compensation. Entry constitutes permission for Sponsor and its designees to use Winner’s name, likeness, performance, hometown and state for advertising and promotional purposes in any and all media (including before, during and after photographs) at the discretion of Sponsor without additional compensation.
INTERNET: The use of any automated launching or entry software or any other mechanical or electronic means that permits the participant to automatically register and/or enter repeatedly is prohibited and all such entries will be disqualified. If for any reason this Contest is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Contest and determine winners from entries received prior to action taken, or as otherwise deemed fair and equitable by Sponsor. Releasees 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, or alteration of, entries. Releasees are not responsible for lost, late, garbled, or misdirected, or for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to entrant’s or any other person’s computer relating to or resulting from participation in this Contest or downloading any materials in connection with this Contest.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR 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.
SEVERABILITY: If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
DATA COLLECTION: Sponsor collects personal information from you when you enter the Contest. Your personal information will only be used in connection with the Contest and as provided for in these Official Rules. Your personal information will not be used for any other purpose and will not be shared with anyone else.
WINNER LIST REQUEST: For the identity of the Contest Winner, send a self-addressed, stamped (business size) envelope to Project Makeover! Contest Winner List Requests, Lori Greenwald, M.D., P.C., 1 Barnard Lane, Bloomfield, CT 06002. Requests must be received by July 31