NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR ODDS OF WINNING.
Sponsor and Administrator: The Orthodontist & Co. (“Sponsor”), located at 2301 Queens Plaza North, Suite C, Long Island City, New York, 11101.
Eligibility: The Orthodontist & Co.’s Halloween Costume Sweepstakes (“Sweepstakes”) is open only to persons who are patients of Sponsor on or before October 30, 2021, eighteen (18) years of age or older and who are permanent legal residents of one (1) of the forty-eight (48) contiguous United States or the District of Columbia as of the date of entry. Residents of Alaska and Hawaii are not eligible to enter or win the Sweepstakes. Entrants must have either a valid Social Security Number or valid U.S. personal tax identification number. Employees, officers, and directors (including such persons’ parents, spouses, children and siblings and members of the same household) of Sponsor and all other entities involved in the creation, administration, or fulfillment of the Promotion and their respective successors and assigns are not eligible to enter or win. The Sponsor reserves the right to require proof of eligibility. Void where prohibited by law. Participation constitutes full and unconditional agreement to these official rules (“Rules”). Sponsor reserves the right, in its sole discretion, to disqualify any potential Winner if Sponsor determines, in its sole discretion, that such potential Winner might reflect negatively on Sponsor. Sponsor’s decisions are final and binding in all matters related to the Sweepstakes. Winning is contingent upon fulfilling all requirements set forth herein. Void in Alaska, Hawaii, Guam, the U.S. Virgin Islands, Puerto Rico, U.S. military installments in foreign countries, all other U.S. territories and possessions, outside the United States, and where prohibited or restricted by law.
The Sweepstakes begins at 10:00:00 a.m. Eastern Time ("ET") on October 18, 2021 and ends at 12:00 a.m. ET on October 31, 2021 ("Sweepstakes Period"). Sponsor's computer is the official clock for this Sweepstakes. All times in the Periodic Sweepstakes refer to Eastern Time (“ET”). Limit one entry per person or household during the entire Sweepstakes Period.
Each potential Winner will be notified by telephone or email within one (1) calendar day of selection with instructions on how to claim the Sweepstakes Prize. After verifying a potential Winner’s eligibility as further described in these Rules below, a potential Winner will be sent Sweepstakes Prize within 4-6 weeks.
How to Enter: During the Sweepstakes Period, an eligible entrant as set forth in Section 3 (“Entrant”) may enter the Sweepstakes as follows:
- Follow @iamtheorthodontist on Instagram and tag three (3) of your friends/family members
- Dress up in your favorite Halloween costume and take a picture in front of the offices of The Orthodontist & Co. sign located at 2301 Queens Plaza North, Suite C, Long Island City, New York, 11101 (“Halloween photo”)
- Post your Halloween Photo on Instagram with the hastag #TheOrthodontisstandCoCostumeSweepstakes2021 and tag @iamtheorthodontist.
In order to be a valid Submission, a Submission must contain all of the information listed herein and otherwise comply with these Rules.
ONCE TRANSMITTED ALL SUBMISSIONS BECOME PART OF THE SWEEPSTAKES AND MAY NOT BE REMOVED BY THE ENTRANT, EVEN IF ENTRANT WITHDRAWS FROM SWEEPSTAKES CONSIDERATION. All eligible Submissions to the Sweepstakes will be an entry in the Sweepstakes. All entries must be received within the Sweepstakes Period. For purposes of this Sweepstakes, an entry is “received” when Instagram’s servers record the Entry Information. Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of Sponsor will be disqualified.
Normal Internet access and usage charges imposed by an Entrant’s online service provider will apply. Data rates may apply to any entry via a Mobile Device. Entrant should check his/her wireless provider’s customer pricing plan as carrier specific charges for mobile usage may apply. Entrants are solely responsible for any such wireless charges. Not all wireless carriers participate.
An Entrant will receive one (1) entry into the Sweepstakes for a valid Submission. Admission into the Sweepstakes will be on a rolling basis. Limit: One entry into the Sweepstakes per Entrant regardless of the Instagram account used. Entries received after the Sweepstakes Period End Date has passed will not be eligible for consideration.
Any attempt by any Entrant to obtain more than one entry by using multiple/different Instagram handles, identities, registrations and logins, or any other methods will void the Entrant’s entry and that Entrant will be disqualified in the sole discretion of Sponsor. Any use of any micro, robotic, automatic, programmed, or like entry methods will void all such entries affected by such methods and Entrants using such methods will be disqualified. Any Entrant who solicits, or farms for, votes using social media, e-mail, and other means, without regard to the judging criteria or hires a third-party search engine optimization companies to solicit even more votes will be disqualified.
ATTEMPTS BY ANY PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND IF SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.
Submission Content Guidelines: Each Sweepstakes entry must comply with the following content guidelines (collectively, “Content Guidelines”). Submissions that do not meet the following Content Guidelines are subject to disqualification and/or removal from the Website, at Sponsor’s sole and absolute discretion:
A. Only Entrants who are patients of Sponsor by or before October 30, 2021 at 12:00 am may enter.
B. Only Entrants who have properly and fully completed the Entry Information may appear or be included in a Submission. If the Entrant wishes to have another person in the Submission, the Entrant must have such person’s written consent and may be required to provide a copy of such written consent. If the person is a minor, the Entrant must have written consent from his/her parent/legal guardian in the form of the comment on the post or the photo of the minor must be posted on the Instagram account of the his/her parent/legal guardian.
C. Except for materials in the public domain, each Submission, in its entirety, must be a single work of original material created by the Entrant and suitable for presentation in a public forum.
D. Any video submissions uploaded through the Website must be in one (1) of the following file format: mov, mp3, mp4, and wmv.
E. Except for materials in the public domain, Submissions must include only materials created by the Entrant and must not infringe on the intellectual property rights of any other person or entity. Sponsor does not permit the infringement of others’ rights and any use of materials not original to the Entrant is grounds for disqualification from the Sweepstakes. Entries may not contain brand names, trademarks or company logos.
F. Submissions must not include any photos or costumes that :
(1) are sexually explicit, indecent, obscene, violent, hateful, tortuous, defamatory, slanderous or libelous,
(2) are derogatory or promote bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age,
(3) invade the privacy or publicity rights of any person, living or deceased,
(4) are unlawful, or
(5) are disparaging to Sponsor or is inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate (at Sponsor’s sole and absolute discretion).
G. Each Submission must not reveal any personal information about another individual, including without limitation, another person’s address, telephone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual.
Sweepstakes Potential Prize Winners Selection, Notification and Determination:
On or about November 4, 2021, Sponsor will randomly select three (3) potential winners from all eligible entries received during Entry Period. Each potential winner must continue to comply with all terms and conditions of the Rules; winning is contingent upon fulfilling all requirements. Each potential winner will be notified by Instagram private messenger with instructions on how to qualify for a chance to win a Prize. There will be no more than three (3) Winners.
If a potential Winner cannot be contacted within twenty-four (24) hours of initial notification, or if a Winner notification is returned as undeliverable, the potential Winner forfeits the Prize. The potential Winner must complete and return an affidavit of eligibility, IRS Form W-9, and publicity release (except where prohibited) and agree to accept the Sweepstakes Prize within twenty-four (24) hours from the time such documents are sent to the potential Winner; otherwise such potential Winner will be disqualified. Each Winner will receive an IRS Form 1099 from the Sponsor for the calendar year the prize was awarded for the total approximate retail value (“ARV”) of the prize(s) as determined by the Sponsor. If a potential Winner chooses to forfeit his/her prize and thus not receive a 1099, he/she must do so prior to being accepting the Prize. If a Potential winner chooses to forfeit his/her prize and thus not receive a 1099, he/she must do so prior to being awarded the prize. In the event that any Potential winner is disqualified for any reason, Sponsor may award the prize to an alternate potential winner by random drawing from among all remaining eligible Entries received during the Sweepstakes Period. Sponsor reserves the right to modify the notification procedures in connection with the selection of an alternate potential Winner. An entrant is not a Winner, even if the Sponsor should so indicate, unless and until that entrant’s eligibility and the potential winning Entry has been verified and the entrant has been notified that verification is complete. Each Entrant may only win one (1) Sweepstakes Prize during the Sweepstakes. The odds of being selected as a potential Winner depends upon the number of eligible entries received during the Sweepstakes Period. Sponsor’s decisions as to the administration and operation of the Sweepstakes and the selection of the potential Winners is final and binding in all matters related to the Sweepstakes.
There will be one (1) Sweepstakes Prizes for each Prize Winner randomly selected. The first selected Prize Winner will receive a 2021 Apple 10.2-inch iPad (Wi-Fi, 64GB) – Silver. The second selected Prize Winner will receive a Nintendo Switch Lite – Gray and the third selected Prize Winner inner will receive a AuKing Mini Projector 2021.
The final three (3) Prize winners will be announced on Sponsor’s Instagram on or about November 5, 2021.
Prizes & Approximate Retail Value (“ARV”):
Sweepstakes Prizes (3):
There will be no more than three (3) prizes awarded total.
The ARV for each Sweepstakes Prize is:2021 Apple 10.2-inch iPad (Wi-Fi, 64GB) - Silver: Three Hundred and Twenty-Nine Dollars ($329.00). Nintendo Switch Lite - Gray: One Hundred and Ninety-Nine Dollars ($199.00).AuKing Mini Projector 2021: One Hundred and Twelve Dollars and Ninety-One cents ($112.91).
Any difference between stated and actual value shall not be awarded.
All prizes will be administered by Sponsor’s authorized designee. All taxes not addressed in Sweepstakes Prize and other unspecified expenses, costs or fees associated with acceptance and/or use of the Sweepstakes Prize, are the responsibility of the Winner.
Total ARV: The ARV for all Sweepstakes Prizes in this Sweepstakes is Six Hundred and Forty Dollars and Ninety-Nine Cents ($640.91).
Prize Conditions: All benefits, merchandise, and any payments, if applicable, are personal to each Sweepstakes Prize Winner and are not redeemable for cash and are neither assignable nor transferable.
Each winner is responsible for paying all taxes. The award of a prize is subject to applicable withholding requirements. A Sweepstakes Prize Winner will receive an IRS Form 1099 reflecting the actual final retail value of his/her Sweepstakes Prize.
Any portion of a prize not accepted or used by a Sweepstakes Prize Winner will be forfeited, and Sponsor shall not be responsible for any inability of Sweepstakes Prize Winner to accept or use any portion of the prize for any reason. No substitution or transfer of a prize except with Sponsor's permission or where required by law is allowed. If for any reason a prize becomes unavailable, Sponsor may award a substitute prize of equal or greater value. Award of a prize is subject to verification of eligibility and compliance with all Rules.
Internet/Limitations of Liability: Sponsor, Instagram and any entities involved in the creation, administration, or fulfillment of the Sweepstakes during the Sweepstakes Period and their respective successors, assigns, directors, officers, employees, agents, franchisees, and independent contractors (individually and collectively, “Releasees”) are not responsible for technical malfunctions of any kind, including but not limited to interrupted or unavailable network server or other connections; miscommunications; failed, partial, or garbled telephone or computer transmissions; jumbled, scrambled or misdirected Entries or transmissions; telephone, electrical, network, computer hardware or software or program malfunctions, failures or difficulties; other errors, omissions, interruptions, or deletions of any kind, whether due to electronic, human, mechanical, printing, production or technical errors or other causes; or for any damage to any person's computer related to participating in the Sweepstakes. Additionally, Releasees are not responsible for illegible, unintelligible, late, lost or stolen Entries; incorrect or inaccurate Entry information, whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Sweepstakes; or for any technical or human errors which may occur in the processing of any Entries in the Sweepstakes. Any person attempting to enter using multiple e-mail addresses, multiple identities or any other device or artifice to enter multiple times or to interfere with the proper administration of the Sweepstakes will be disqualified from participation in the Sweepstakes. Additionally, any use of robotic, automatic, macro, programmed, third party or like methods to participate in the Sweepstakes will void any attempted participation effected by such methods and result in the disqualification of the individual utilizing the same. Administrator reserves the right to disqualify any individual found or suspected, in its sole opinion, to be tampering with the operation of the Sweepstakes; to be acting in violation of these Rules; or to be acting with the intent to disrupt the normal operation of the Sweepstakes. If, in the judgment of Administrator, the Sweepstakes is compromised by viruses, bugs, non-authorized human intervention or other causes that corrupt, or may corrupt the administration, security, fairness or intended proper play of the Sweepstakes, so that it cannot be conducted as originally planned, Administrator has the right, in its sole discretion, to modify the Rules or to cancel, modify, terminate or suspend the Sweepstakes (except where prohibited by law); and in such event, to select the winners by such method as Sponsor in its sole discretion shall consider equitable. RELEASEES MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT AS REGARDS ANY PRIZE OR ANY COMPONENT OF A PRIZE. AS SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, ENTRANTS SHOULD CHECK THEIR LOCAL LAWS TO LEARN IF ANY OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY APPLY TO THEM.
Instagram Release: This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram and Entrant forever releases Instagram for any and any and all costs, claims, damages, or any other injury related to this Sweepstakes.
Governing Law: The terms of this Sweepstakes shall be governed by, construed under, interpreted and enforced in accordance with the laws of the State of New York, U.S.A. Any dispute or claim arising out of or in connection with this Sweepstakes or these Rules (excluding, for this purpose, any dispute or claim arising out of or in connection with the use of the Sweepstakes Prizes) shall be submitted exclusively to the District Court in and for New York County, New York, U.S.A. (or if the District Court shall not have jurisdiction over the subject matter thereof, then to such other court sitting in such county having subject matter jurisdiction) for trial and determination by the court sitting without a jury. All Entrants consent to the jurisdiction of such court and to the service of process outside the State of New York pursuant to the requirements of such court in any matter submitted to it, and they expressly waive the right to a jury trial.
THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ANY CLAIM MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION ACCRUED, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED. For the avoidance of doubt and notwithstanding anything to the contrary in this Section 11, the rights of the Sponsor and its related and affiliated companies and all entities associated with the administration of the Sweepstakes are not limited in any manner under this Section 11.
Release: By participating, each Entrant releases and agrees to indemnify and hold harmless Releasees from and against any and all costs, claims, 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 Sweepstakes, or arising out of participation in any Sweepstakes or Sweepstakes-related activity, or the receipt, use, or misuse of a prize.
General Agreement to the Rules: By entering the Sweepstakes, Entrants agree to abide by these Rules. In no event will more prizes be awarded than are stated in these Rules. The Sweepstakes is subject to all applicable federal, state, and local laws. In the event of a dispute as to the identity of a winner, the Sponsor, at its sole discretion, will determine the identity of the winner based on the content of the Submission.
Winners List: To obtain the Winners List for The Orthodontist & Co.’s Halloween Costume Sweepstakes, send a properly stamped self-addressed envelope, to be received by December 31, 2021, to the The Orthodontist & Co., 2301 Queens Plaza North, Suite C, Long Island City, New York, 11101.
Customer services inquiries can be made at Contact Us.
