Terms & Conditions
CANDELA SNAP BACK CONTEST (“Contest”) OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE.
BY PARTICIPATING IN THIS CONTEST YOU DECLARE THAT YOU HAVE READ THE OFFICIAL RULES BELOW AND THAT YOU FULLY AGREE TO ALL OF THESE TERMS AND CONDITIONS.
1. DATES OF PROMOTION:
The Contest starts at 12:00 am Eastern Time (“ET”) on Thursday, September 26th 2019, and ends at 11:59 pm ET on Saturday, October 26th 2019 (the “Contest Period”). All online entries must be received by Sat Oct 26 at 11:59pm EST
The Contest is open to all legal US residents physically residing in the 50 United States and District of Columbia, as well as all legal Canadian residents (excluding Quebec), who are at least 35 years of age or older at the time of entry (the “Entrants”). Employees and their immediate family members (parents, children, siblings or spouse, regardless of where they live; or persons living in same household, whether related or not) of Candela Corporation and its affiliates (the “Sponsor”), its advertising and promotion agencies and any other entities directly associated with this Contest are not eligible to be an Entrant. Void where prohibited or restricted by law. All federal, state and local laws and regulations apply.
3. HOW TO ENTER:
The Contest must be entered by submitting a close up photo of your face and reason for wanting to Bring the Snap Back by having a Profound treatment OR what it would mean to Snap Back following a Profound treatment via the form on the competition site, as well as on either Facebook or Instagram (the "Entry"). On Instagram, post on your own page using the hashtag #BringtheSnapBack and tagging and following @Profoundrf_. On Facebook, post your entry on the @Profoundrf Facebook page, using the hashtag #BringtheSnapBack. The Entry must fulfill all Contest requirements, as specified, to be eligible to win a prize. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of the Sponsor. You must provide the information requested. If you use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion of the Sponsor.
Submission of an Entry constitutes Entrant's full and unconditional agreement to these Official Rules. Incomplete Entries and Entries not complying with these Official Rules are subject to disqualification.
The Entry you submit must comply in all respects with the following or your Entry may be disqualified.
- If your Entry includes someone other than yourself, you must have the permission of the individuals to use their name or image in the submission.
- The Entry must be in English.
- The Entry must be original work. Modifying, enhancing or altering a third party’s preexisting work does not qualify as Entrant’s own work.
- The Entry must not contain material that violates or infringes another person or entity’s rights, including but not limited to, privacy rights, rights of publicity, copyright or other intellectual property rights.
- The Entry must not refer to the trademarks, brand names or product names of anyone other than Sponsor.
- The Entry must not reveal any personal information about another individual, including another person’s address, phone number, e-mail address, or any other information that may be used to contact or impersonate that individual.
- The Entry must not: (a) be sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group; (b) promote violence, bigotry, racism, hatred or harm against any group or individual; or discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; (c) promote gambling, alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message; (d) be indecent, obscene, profane or pornographic; or (f) suggest or be in violation of any law.
By submitting an Entry, Entrant hereby warrants and represents that the Entry (i) complies with the Entry requirements set forth in these Official Rules, (ii) has not been previously published, and (c) has not previously won any prizes or awards. Entries that do not comply with these Official Rules or that otherwise contain prohibited or inappropriate content, as determined by the Sponsor in its sole discretion, may be disqualified and will not be considered for the Contest. Sponsor reserves the right, but no obligation, to monitor/screen Entries prior to posting them to the Website. Sponsor has no obligation to post any Entry submitted.
BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT THE ENTRY MAY BE POSTED ON SPONSOR’S WEBSITE OR IN OTHER MEDIA AT SPONSOR’S DISCRETION. Entrant agrees that his/her Entry is freely made, without restriction, and that Sponsor is free to post, disclose or otherwise use the ideas without any compensation to the Entrant. Submission of an Entry grants Sponsor and Released Parties (defined below) an irrevocable, unlimited, worldwide, perpetual license and right to reproduce, publish, use, modify, edit, excerpt, and publicly display and perform the Entry in any way, in any and all media, now known or created in the future, without any right to review or approve any use or changes, and without consideration to the Entrant.
ENTRIES POSTED TO THE WEBSITE ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. Once an Entry is entered into the Contest, any such posting will be deemed made at the direction of the Entrant within the meaning of the Digital Millennium Copyright Act and the Communications Decency Act.
If you participate via a smart phone or other mobile device, message and data rates may apply. Not all cellular service providers offer the service necessary to participate in this Contest through a mobile device. Please check with your provider for specific capabilities, charges and pricing plans.
4. PRIZE CONDITIONS:
The winner(s) of the Contest will receive a free Profound treatment from a Candela selected physician. Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by Sponsor. No cash or other prize substitution shall be permitted except at Sponsor’s discretion. The prize is nontransferable. Any and all prize-related expenses such as travel to and from the Profound treatment center and including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of winning Entrant. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by winning Entrant is permitted. Acceptance of prize constitutes permission for Sponsor to use winning Entrant’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law. By accepting a Prize, each Entrant consents to the use of its name, city and state where located and photograph and treatment videos for advertising/publicity purposes in commerce and in any and all media worldwide, without limitation, and without right to approve or additional compensation, except where prohibited by law. Prizes are subject to state, local, municipal, and federal laws and limitations that may apply. Any taxes on Prizes are the responsibility of the Entrant.
5. WINNER SELECTION:
Winner will be selected by Sponsor based on the compelling nature of the submission. Winner will be notified by email within seven (7) days following selection of winning entrant. Sponsor shall have no liability for winner’s failure to receive notices due to spam, junk e-mail or other security settings or for winner’s provision of incorrect or otherwise non-functioning contact information. If the winning Entrant cannot be contacted, is ineligible, fails to claim the prize within 7 days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate Entrant selected. Receipt by winner of the prize offered in this Contest is conditioned upon compliance with any and all federal, state, and local laws and regulations. Winner’s treatment shall be subject to a determination of suitability for treatment by the treating physician and Winner’s signature on an Informed Consent form. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT SPONSOR’S SOLE DISCRETION) WILL RESULT IN WINNING ENTRANT’S DISQUALIFICATION AS WINNER OF THE CAMPAIGN, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
Prizes not claimed by eligible Entrants in accordance with the Official Rules will not be awarded and will remain the property of Sponsor.
6. GENERAL RULES OF PARTICIPATION:
No purchase necessary to enter Contest or win a Prize. This Contest is subject to all applicable federal, state, local and municipal laws. By participating, you agree to be bound by these Official Rules and the decisions of the Sponsor and waive any right to claim ambiguity in these Official Rules. Sponsor is not responsible for lost, late, misdirected, undeliverable or incomplete Entries.
Sponsor reserves the right to disqualify any Entrant and/or Entry that Sponsor determines, in its sole discretion, violates these Official Rules. Sponsor reserves the right, in its sole discretion, to cancel, terminate, suspend and/or modify the Contest, or any part of it, at any time, without notice. If for any reason this Contest is not able to be conducted as planned, including, but not limited to, by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud or any other causes beyond the reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, then Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest, or any part of it, and award the Prizes from valid Entries received up to the termination or suspension date.
In the event of a dispute regarding the identity of an individual who actually submitted an online Entry, the Entry will be deemed submitted by the Authorized Account Holder (defined below) of the e-mail account provided in the Entry Form. “Authorized Account Holder” is defined as the natural person who is assigned to an e-mail account by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Potential winner may be required to show proof of being the Authorized Account Holder.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
7. INTERNET LIMITATIONS OF LIABILITY:
Sponsor is not responsible for: failures or malfunctions of phones, tablets, computers or other hardware or devices (each a “Device”); phone lines, cellular systems or telephone or data transmission systems; interrupted or unavailable networks, server or other connections; any error, omission, interruption, defect or delay in any transmission or communication; traffic congestion on the Internet; or any technical problem, including but not limited to any injury or damage to any person's Device related to or resulting from Contest participation.
8. NO LIABILITY; NO WARRANTY; RELEASE AND INDEMNIFICATION:
By entering, entrants and winners acknowledge that there is no treatment warranty or guarantee that the treatment will provide specific results and further agree to release, discharge, indemnify and hold harmless the Sponsor and its parent, subsidiaries and affiliated companies, contractors, distributors, sales representatives, vendors, advertising and promotion agencies, prize providers and any other entities directly associated with this Contest, and each of their respective officers, directors, employees, representatives and agents (collectively, the “Released Parties”) from and against any claims made by entrants, or by any third parties, related in any way to the operation of this Contest, as well as any other claims, damages, charges, fines or liability due to any injuries, damages or losses to any person (including death) or property of any kind, or any claims of violation of rights of publicity or privacy, defamation or portrayal in a false light, resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of a Prize or participation in this Contest or in any Contest-related activity. The Released Parties shall have no liability for any problems or errors of any kind whether computer, network, mechanical, human, electronic, typographical, printing or otherwise relating to or in connection with the Contest.
THIS CONTEST IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE COMMONWEALTH OF MASSACHUSETTS, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN MIDDLESEX COUNTY, MASSACHUSETTS. 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 ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. PARTICIPANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY PARTICIPANT AND/OR RELEASED PARTIES AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DEMAND MUST BE FILED WITHIN ONE (1) YEAR FROM THE END OF THE CONTEST PERIOD, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
10. PUBLICITY RELEASE:
Each Entrant consents to the use of his/her name, photograph, likeness, biographical information, video, and voice for promotional purposes and in advertising worldwide without approval rights or additional compensation, except where prohibited by law.
11. WINNERS LIST REQUEST:
To obtain a copy of the winner’s name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: Candela Corporation, Attn: Marketing Services, 251 Locke Dr., Marlborough 10752, USA. Requests must be received no later than 6:00 pm EST on December 1, 2019.
Contest is sponsored by Candela Corporation, 530 Boston Post Road, Wayland, MA 01778. Sponsor is solely responsible for all aspects of this Contest.
The Contest hosted by Candela Corporation is in no way sponsored, endorsed, administered by, or associated with Facebook.
The Contest hosted by Candela Corporation is in no way sponsored, endorsed, administered by, or associated with Instagram.