OFFICIAL TERMS & CONDITIONS

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF BEING SELECTED.

OPEN ONLY TO ELIGIBLE LEGAL RESIDENTS OF THE UNITED STATES OF AMERICA WHO RESIDE IN SAN DIEGO, CALIFORNIA WHO ARE AT LEAST 18 YEARS OLD AS OF THE DATE OF APPLYING, OR BY A PARENT APPLYING ON BEHALF OF THEIR CHILD. APPLICANTS MUST BE ACTIVE STUDENTS OR LEGAL GUARDIAN OF STUDENTS WHO ARE ATTENDING OR PREPARING TO ATTEND A HIGH SCHOOL, JUNIOR COLLEGE9, OR COLLEGE IN THE NEXT 12 MONTHS. 

READ THESE OFFICIAL TERMS & CONDITIONS CAREFULLY AS YOU WILL BE BOUND BY THEM.

1. ELIGIBILITY:The “Smiles for Scholars” program is open only to legal residents of the United States of America who reside in San Diego, California and who are at least eighteen (18) years old as of the date of application or are a parent or legal guardian applying on behalf of their child. Applicants must be students or parents of students who are attending or preparing to attend a high school, junior college, or college in the next 12 months. To maintain eligibility throughout the Program, an Applicant must abide by these Official Terms & Conditions and maintain appropriate propriety befitting the reputation and values of Boulder OMS & La Jolla Oral and Facial Surgery (“Sponsor”). The applicant must not otherwise engage in any conduct which would embarrass Sponsor or bring Sponsor into public disrepute or ridicule, or which would offend the public or any segment thereof.
2. HOW TO APPLY:Between 9/1/2024 at 9:00 AM PDT and 9/30/2024 at 11:59:59 PM PDT (“Submission Period”), an Applicant must follow the instructions to complete the required registration information.

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 the Sponsor and will not be returned.

3. SUBMISSION REQUIREMENTS:To be eligible to participate in the “Scholars for Smile” program, an Applicant must submit a Submission consisting of a response that complies with the requirements stated below:

An Applicant must provide an answer to the questions listed in the online or printed application.

(A) Additional Applicable Submission Requirements:

The Submission, in its entirety:

1. Must be the Applicant’s original creation (an original creation is the product of one’s own mind, it is not a copy or imitation, and is not the result of trade secret misappropriation).
2. Must be entirely in English.
3. Must not have been previously submitted in any Program or promotion or published in any media.
4. Must not contain content that is unlawful, in violation of, or contrary to federal, state, or local laws.
5. 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 Sponsor’s.
6. Must not contain language or contents that in any way ridicules or defames or in any way reflects negatively upon the Sponsor, their practice or products or any person or entity as determined by Sponsor in their sole discretion.
7. Must not contain content that is inconsistent with Sponsor’s marketing practices.
8. 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.
9. Must not advocate or abuse any political or societal beliefs.
10. Must not contain, mention, refer, or otherwise allude to any political or religious references or symbols.
11. Must not contain words or symbols that may be considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation, or age.
12. Must not in any way promote alcohol, illegal drugs, or tobacco.

NOTE: Applicants understand and acknowledge that Boulder OMS and La Jolla Oral and Facial Surgery, in their sole discretion, after its good faith consideration and review of a Submission in its totality, reserve the right to accept, edit, modify, or reject a Submission. Additionally, Sponsor reserves the right at any time during the Program and thereafter to disqualify any Submission that Sponsor determines, in their sole discretion, does not comply with these Official Terms & Conditions or otherwise contains or uses prohibited or inappropriate content; the Applicant may also be disqualified from participation in the 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 Program will consist of one (1) round of evaluation. Evaluators may be referred to herein collectively as “Program Evaluators”.

(A) EVALUATION PERIOD: All eligible Entries received by Sponsor by 9/30/2024 at 11:59:59 PM PDT will be evaluated by the Sponsor’s designated administrative, marketing, and professional experts in accordance with the following criteria:

Applicant’s response will be evaluated based on the following:

1. Our Smiles for Scholars program is designed to help aid the cost of your college textbooks and cost of living by receiving a complimentary wisdom teeth extraction. As a student or parent of a student, what would the Smiles for Scholars program mean to you if you are selected? Please submit an essay or recorded video of you sharing your WHY. We can’t wait to hear from you!

Evaluations will take place between 10/1/24-10/7/2024.

(B) SELECTION OF THE RECIPIENT OF THE DENTAL PROCEDURE: On or before 10/8/2024, the Evaluators, comprised of Sponsor’s designated professional experts will select the finalist from the qualifying applications.

The name of the potential Recipient will be determined on 10/8/2024, and Sponsor will notify the potential Recipient either by email and/ or telephone at such time. The decisions of the Sponsor 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 Recipient agrees to the performance of said background check.

If the Recipient of the program has some reason their wisdom teeth shouldn’t be removed, medical problems preclude them from having removal, or are a high-risk situation at the doctor’s discretion, the recipient is automatically disqualified.

5. “THE DENTAL PROCEDURE”: The Recipient will receive a complimentary wisdom teeth extraction procedure, known as the “Dental Procedure”, as determined by the Round One Evaluators in their best professional judgment. Approximate Retail Value (“ARV”): $1,500 to $6,000, 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 wisdom teeth extraction procedure and follow-up appointments, meals, etc., are solely the Recipient’s responsibility. Sponsor 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 devotedly keep all appointments at times mutually agreed to by the Recipient and Sponsor and otherwise cooperate and follow Sponsor’s medical/dental instructions, or the Dental Procedure will be deemed forfeited without any further responsibility by Sponsor 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 Sponsor. 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 IN PROGRAM: By participating in this Program, an Applicant represents and warrants that: (i) she/he is of the legal capacity to participate in this Program; (ii) she/he 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, she/he 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 Sponsor’s practice, service or products.

(B) GRANTS/WAIVERS: By submitting a Submission, the Applicant grants Sponsor and its affiliates an irrevocable, exclusive, unlimited, royalty-free license to use, copy, transmit, publish, display, and adapt the Submission in any way they see fit. This license allows for the use of the Submission in the Program in any media worldwide without additional compensation. The Applicant acknowledges that they will not receive payment or royalties for granting these rights and waives any legal or moral rights that may limit Sponsor's use of the Submission. They also agree not to sue Sponsor for any claims related to the use of the Submission or any recordings, photos, or videos taken during the Program.

(C) INDEMNIFICATION/RELEASE: 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 Program Entities from any and all claims that any advertising subsequently produced, presented and/or prepared by or on behalf of Sponsor infringes his/her rights with regard to the Submission and/or any portion thereof.

7. INTERNET/LIMITATIONS OF LIABILITY:Sponsor and Program Entities do not accept liability for any issues that may occur as a result of an individual's participation or attempted participation in the Program. This includes interruptions in network servers, failed communications, technical malfunctions, errors, or damage to personal computers. They are also not responsible for inaccurate information or any errors in processing information. Individuals who tamper with the Program may be disqualified and face prosecution. The use of multiple email addresses or any other unfair methods may also lead to disqualification. Sponsor has the right to disqualify anyone found to be disrupting the Program's operation or not following the Official Terms & Conditions. If the Program is unable to run as intended due to various reasons, Sponsor can modify, suspend, cancel, or terminate the Program as deemed necessary.

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR ANY RELATED WEBSITE OR UNDERMINE TO THE LEGITIMATE OPERATION OF THE PROGRAM IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVE THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. 

8. PRIVACY POLICY: Sponsor or their representative will collect any personally identifiable information obtained from an Applicant's participation in this Program. This information will be used by Sponsor for the proper administration and fulfillment of the Program, following the terms of the Health Insurance Portability and Accountability Act (HIPAA).
9. PUBLICITY RIGHTS: By taking part in this Program, an Applicant consents to Sponsor's designees having the ongoing right to use their name, biographical details, photos and/or likeness, videos, and statements for Program, trade, commercial, advertising, and publicity reasons. This usage can occur at any time, in all forms of media currently known or developed in the future, globally, including, but not limited to, on the Internet and World Wide Web, without prior notice, review, or consent, and without additional compensation unless prohibited by law.
10. RELEASE: By taking part in this Program, every Applicant releases and agrees to indemnify and hold harmless Program Entities against any and all costs, claims, damages (including special, incidental, or consequential damages), or any other harm, whether resulting from negligence or otherwise, to persons or property (including, but not limited to, injury, death, violation of personal rights such as right of publicity or privacy, libel, or slander), arising in whole or in part, directly or indirectly, from participating in the Program or receiving the Dental Procedure. This includes incidents during any Program-related or Dental Procedure activity, whether organized by Sponsor or a third party.
11. DISPUTE RESOLUTION: Except where prohibited, by participating in the 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 filed exclusively in the United States District Court for the San Diego District of California, or the appropriate California State Court located in San Diego County, CA, 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 California without giving effect or regard to any principles or doctrines of conflicts of law of the Commonwealth of Washington 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.
12. GENERAL: 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 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.
13. IMPORTANT: This Program is not in any manner sponsored, endorsed, administered by or associated with any social media platform. Each Applicant understands that they are providing their information to Sponsor and their designees and not to Facebook, Instagram or any other social platform. The information an Applicant provides will only be used as stated in these Official Terms & Conditions. By participating in the Program, each Applicant releases and agrees to indemnify on any social media platform and hold it harmless 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 Program or arising out of the receipt, use/misuse of or participation in any Program-related or Dental Procedure activity.

SPONSOR: Boulder OMS & La Jolla Oral and Facial Surgery