The Oticon Cyber Week Holiday Sweepstakes (“Sweepstakes”) is sponsored by Oticon USA, Inc. (“Sponsor”), 580 Howard Avenue, Somerset, NJ 08873.
The Thursday and Friday Holiday Sweepstakes (“Sweepstakes”) are sponsored by Oticon USA, Inc. (“Sponsor”), 580 Howard Avenue, Somerset, NJ 08873.
- Oticon Cyber Week Holiday Sweepstakes Period: The Oticon Holiday Cyber Week Sweepstakes begins Monday, November 26, 2018 at 12:00:00 am Easter Standard Time and ends on Friday, November 30, 2018 at 11:59:59 pm Eastern Standard Time. Each day entries result from qualified purchase placed on MyOticon, phone, or email. The Sweepstakes consists of a random prize drawing for Hearing Care Professions defined below. (The Sponsor’s computer is the official clock of the Sweepstakes.)
- The Thursday Holiday Sweepstakes Period: The Thursday Holiday Sweepstakes begins and ends on Thursday, November 29, 2018 at 12pm Eastern Standard Time concluding at 4pm Eastern Standard Time. Entries may result from qualified product orders placed on MyOticon, phone, or email between the hours of 12pm‐4pm Eastern Standard Time (“Thursday Holiday Sweepstakes Period”) on Thursday, November 29, 2018. The Sweepstakes consists of a random prize drawing for Hearing Care Professionals defined below. (The Sponsor’s computer is the official clock of the Sweepstakes.)
- The Friday Holiday Sweepstakes Period: The Friday Holiday Sweepstakes begins and ends on Friday, November 30, 2018 at 12pm Eastern Standard Time concluding at 4pm Eastern Standard Time. Entries may result from qualified product orders placed on MyOticon, phone, or email between the hours of 12pm‐4pm Eastern Standard Time (“Friday Holiday Sweepstakes Period”) on Friday, November 30, 2018. The Sweepstakes consists of a random prize drawing for Hearing Care Professionals defined below. (The Sponsor’s computer is the official clock of the Sweepstakes.)
- Eligibility: These Sweepstakes are offered only to legal residents of the fifty (50) United States and the District of Columbia who are eighteen (18) years and older at the time of entry. To be entered in to the drawing you must be a non‐Government Audiologist (VA, DOD, IHS) hearing aid specialist, or otolaryngologist (“Hearing Care Professional”). Employees of Sponsor, Inside Sales Manager as the Sweepstakes Administrator (“Administrator”), and each of their respective parent companies, subsidiaries, and affiliates, distributors, and companies involved in the implementation and execution of the Sweepstakes (“Sweepstakes Entities”) and each of their respective immediate family members (ie. Spouse, parent, child, sibling and the “steps” of each) and persons living in the same household of each are not eligible to participate in the Sweepstakes. Void where prohibited or restricted by law. By participating in this Sweepstakes an entrant agrees to be bound by these Official Rule sand the decisions of the Sponsor shall be final and binding in all matters pertaining to the Sweepstakes. Entrants and /or potential winners may be required to provide proof of identification and eligibility as required by Sponsor or Administrator. Qualifying purchases are those hearing instruments purchased without federal or state funds and products that qualify for the promotion.
- How to enter the “Sweepstakes”: During the Sweepstakes Period defined by each offer of Cyber Week an entrant may visit www.MyOticon.com (“Ecommerce Web Portal”) to place their orders of the defined product criteria outlined by the offer itself to qualify. Each order is tracked by the Account Login information that is affiliated with a specific individual’s complete first name, last name, and email address. They are automatically entered into the “Sweepstakes” as a result of their qualifying order meeting the criteria of the offer qualifiers and time period. Orders made by phone and email are also included.
Entry Limit: The Entrant is entitled to one Sweepstakes entry each per order meeting the qualifying criteria. There is no limit per Entry, per Entrant, per qualifying order that meets the offer criteria. Thursday and Friday Daily Deals purchased allow Entrant to participate in both the Oticon Cyber Week Holiday Sweepstakes AND the Thursday or Friday Holiday Sweepstakes of the participating day. Daily Deal promotional orders are unlimited providing an entry for each qualifying order placed, no limit.
- Random Drawing Customer Appreciation Open House Offer: On or about December 3, 2018 the Administrator will randomly select the winner of one Customer Appreciation Open House for their patients to enjoy food and beverage while participating in a demonstration of hearing aid technology.
- Random Drawing for “Thursday Holiday Sweepstakes MedRx A2D Audiometer”: On or about December 10, 2018 the Administrator will randomly select the winner of the Audiometer for their practice. Limit one winner. Prize value: $5000.00
- Random Drawing for “Friday Holiday Sweepstakes Practice Powerhouse Digital Subscription”: On or about December 10, 2018 the Administrator will randomly select the winner (1) of the 1 year Blueprint OMS subscription service integrated with the enhanced online digital bundle from Audiology Design for their practice. Limit one winner. Prize value: $11,400.00
- How to Claim a Prize: Each potential winner is subject to verification of eligibility and compliance with these Official Rules. Each potential winner will be notified by the Sponsor or its designee at the email address on file with the MyOticon account information from their qualifying order. Before being declared a verified Prize winner, each potential Prize winner must complete, sign and return a notarized Affidavit of Eligibility/Liability & Publicity Release and a tax acknowledgement from (collectively, the Affidavit) within five calendar days from the date it is postmarked as being emailed to the potential winner by the Administrator. If any potential winner is found to be ineligible or not in compliance with the Official Rules or declines to accept his /her prize, Administrator is unable to contact the potential winner, the potential winner fails to respond to such notification within the stated timeframe or the prize notification or any prize that is returned undeliverable, the prize will be forfeited and in the Sponsors’ sole discretion the forfeited prize may be awarded to an alternate winner. If the Sponsor wishes to select an alternate potential winner, the Sponsor will select this alternative potential winner at random from the pool of remaining eligible entries received for the applicable Prize Drawing. Upon verification of eligibility, each prize will be mailed to the winner at the physical address (PO boxes not permitted) or arrangements made for acceptance of the prize such as cloud‐based subscriptions. Please allow 6‐8 weeks after verification for prize delivery. The Sweepstakes Entries shall not be held responsible for any delays in providing a prize for any reason. If after a good‐faith attempt, the Sponsor is unable to provide or deliver a prize, the prize may not be awarded. Prizes are not transferable. Each prize will only be provided to a verified winner.
EACH PRIZE WINNER WILL BE ISSUED A FORM 1099 FOR TAX PURPOSES IN THE AMOUNT OF THE ACTUAL RETAIL VALUE OF THE PRIZE AND MUST SUBMIT HIS/HER SOCIAL SECURITY NUMBER, AS REQUIRED BY LAW. ALL FEDERAL, STATE AND LOCAL TAXES IMPOSED ON THE ACCEPTANCE OF A PRIZE ARE SOLELY THE RESPONSIBILITY OF EACH WINNER.
- LIMITATION OF LIABILITY: By participating in this Sweepstakes, entrants agree the Sweepstakes Entities and their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, Web masters and their respective officers, directors, employees, representatives, designees and agents (“Released Parties”) are not responsible for lost, late, incomplete, stolen, misdirected, postage due, or undeliverable e‐mail notifications or postal mail; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections or availability; or garbled, corrupt or jumbled transmissions, service provider/Internet/website/UseNet accessibility, availability or traffic congestion; or any technical, mechanical, printing, or typographical or other error; or unauthorized human intervention; or inaccurate capture of Sweepstakes‐related information; or the failure to capture, or loss of, any such information. The Released Parties are not responsible for any incorrect or inaccurate information, whether caused by any website users, tampering, hacking or by any of the equipment or programming associated with or utilized in the Sweepstakes and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to any Sweepstakes‐related website(s). Released Parties are not responsible for any injury or damage, whether personal or property, to participants or to any person’s computer related to or resulting from participating in the Sweepstakes and/or accepting a prize. Released Parties shall not be responsible or liable for entries entered by any automated computer, program, mechanism or device; for any entries in excess of the stated limit; or for entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules, and all such entries will, at Sponsor’s sole discretion, be disqualified.
If for any reason, Sponsor believes the Sweepstakes is not capable of running as planned, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes and/or proceed with the Sweepstakes, including the selection of the winners in a manner it deems fair and reasonable. Notice of such cancelation, termination, or modification of the Sweepstakes shall be posted at the Website. This Sweepstakes is subject to all federal, state, and local laws and regulations.
By entering the Sweepstakes, each entrant agrees: (i) to be bound by these Official Rules and by all applicable laws and by the decisions of Sponsor and Administrator, which shall be binding and final; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his or her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Sweepstakes; and (iv) to forever and irrevocably agree to release, defend, indemnify and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with: (a) the Sweepstakes, including, but not limited to, any Sweepstakes‐related activity or element thereof, and the entrant’s entries, participation or inability to participate in the Sweepstakes; (b) the violation of any third‐party privacy, personal, publicity or proprietary rights; (c) typographical or printing errors in these Official Rules or any Sweepstakes materials; (d) acceptance, receipt, delivery of, possession, defects in, use, nonuse, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a prize (or any component thereof); (e) change in the prizing (or any components thereof) due to unavailability or due to reasons beyond Sponsor’s control, including, but not limited to, acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi‐governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow‐down, civil disturbance, insurrection, riot or other cause beyond any of the Released Parties’ control, or as otherwise permitted in these Official Rules; (f) any interruptions in or postponement, cancellation or modification of the Sweepstakes; (g) human error; (h) incorrect or inaccurate transcription, receipt or transmission of an entry; (i) any technical malfunctions or unavailability of any telephone network, computer system, computer online system, mobile device, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by any of the Released Parties or by an entrant; and (j) interruption or inability to access the Sweepstakes, or any other Sweepstakes‐related websites or any online service via the Internet due to hardware or software compatibility problems.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING PRIZE COMPONENTS, 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 EXCLUSIONS OF IMPLIED WARRANTIES, THEREFORE SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. Check local laws for any restrictions or limitations regarding these limitations or exclusions.
- DISPUTES: THIS SWEEPSTAKES IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF MICHIGAN, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN OAKLAND COUNTY, MICHIGAN. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“AAA RULES”). THE AAA RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN MICHIGAN. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN OAKLAND COUNTY, MICHIGAN. 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 OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, 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. ENTRANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY ENTRANT AND/OR SWEEPSTAKES ENTITIES AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION OCCURRED, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
Further, entrants hereby waive 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; and (ii) have damages multiplied or otherwise increased. Entrants agree that the rights and obligations of any entrant and/or Sweepstakes Entities and/or any other party shall be resolved individually, without resort to any form of class action.
- PUBLICITY RIGHTS: By participating in the Sweepstakes and/or accepting a prize, each entrant agrees to allow Sponsor and/or Sponsor’s designee the perpetual right to use his or her name, biographical information, photos and/or likeness, and statements for Sweepstakes, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered, including live television, worldwide, including but not limited to on the World Wide Web and Internet, without notice, review or approval and without additional compensation except where prohibited by law.
- GENERAL: Any attempted form of participation in this Sweepstakes other than as described herein is void. If it is discovered or suspected at Sponsor’s sole discretion that an entrant has entered or attempted to enter more than once using multiple e‐mail addresses, multiple identities, proxy servers or like methods, all of that entrant’s entries will be declared null and void, and that entrant may be ineligible to win a prize. Also, if it is discovered that any entrant attempts to receive additional entries in excess of the stated limitation, that entrant will, at Sponsor’s sole discretion, be disqualified from the Sweepstakes. In the event of a dispute as to the identity of a winner, the winning entry will be declared made by the authorized account holder of the e‐mail address account used to submit such entry. “Authorized account holder” is defined as the natural person who is assigned to an e‐mail address by an Internet access provider, online service provider or other organization (e.g., business, educational institution) that is responsible for assigning e‐mail addresses for the domain associated with the e‐mail address used to submit the entry. Sponsor and Administrator reserve the right to disqualify any individual found, in its sole opinion, to be tampering with the operation of the Sweepstakes, to be acting in violation of these Official Rules or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of a Sweepstakes. Any use of robotic, automatic, macro, programmed, third‐party or like methods to participate in the Sweepstakes may void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE THE SWEEPSTAKES OR TO UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. 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. In the event of any conflict with any Sweepstakes details contained in these Official Rules, and Sweepstakes details contained in any Sweepstakes promotional materials (including, but not limited to, point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Sweepstakes as set forth in these Official Rules shall prevail.
Sponsored by Oticon USA, Inc., 580 Howard Ave, Somerset, NJ 08873.
© 2018 Oticon USA, Inc. All rights reserved.
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