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Ride For Smile Train Rules

Official Sweepstakes Rules

NO PURCHASE, PAYMENT, OR DONATION IS NECESSARY TO ENTER OR WIN

A DONATION WILL NOT INCREASE YOUR CHANCES OF WINNING

VOID WHERE PROHIBITED

  1. Entry Period:  The Smile Train Miles for Smiles Sweepstakes ("Sweepstakes") begins at 12:00:00 AM Eastern Time ("ET") on November 1, 2020 and ends at 11:59:59 PM ET on November 12, 2020 ("Entry Period"). All entries must be received during the Entry Period to be eligible.  Eastern Time shall control for all purposes of this Sweepstakes. Sponsor will be the official timekeeper for the Sweepstakes. The Sweepstakes is governed by these Official Rules and is subject to all applicable U.S. federal, state and local laws.  Void outside the United States and where prohibited or restricted by law or regulations
  2. Eligibility: To enter the Sweepstakes, you  must be a permanent, legal resident of the 50 United States, District of Columbia, or Puerto Rico who is at least 18 years old at the time of entry (each, an “Entrant.”). Proof of residency and age may be required. Employees of Sponsor and its subsidiaries, divisions, affiliates, advertising or promotional agencies, and the immediate family and household members of such individuals, are not eligible to enter or win. "Immediate family members" means parents, step-parents, children, step-children, siblings, step-siblings, and spouses of any of the foregoing, regardless of where they live. "Household members" means individuals who share the same residence at least three months a year, whether related or not. In order to enter the Sweepstakes or receive a prize, Entrants must fully comply with the Official Rules. By entering, whether chosen to win or not, each Entrant represents and warrants that Entrant agrees to be bound by these Official Rules and the decisions of the Sponsor, whose decisions shall be binding and final in all respects relating to this Sweepstakes. Winning a prize is contingent upon fulfilling all requirements in these Official Rules, including consenting to a background check.
  3. Sweepstakes Description and Entry.  The Sweepstakes involves Entrant registering and completing Smile Train’s Miles for Smiles Challenge.  Upon successful completion of the Miles for Smiles Challenge, Entrant will be provided with a link to enter the Sweepstakes.   Participation in the Sweepstakes does not constitute entry and/or participation in any other promotion, sweepstakes or contest.  Multiple entries received from any person, email address, or otherwise and any attempt by an Entrant to enter by using multiple/different accounts, identities or other method will void all of that person’s entries and he/she may be disqualified from further participation in the Sweepstakes.  By submitting an entry, Entrant agrees to the grant of rights in Section 7 below.
  4. Winner Selection:  At the conclusion of the Entry Period, the potential prizewinner (“Potential Winner”) will be selected in a random drawing conducted by Sponsor or its representatives on or about November 16, 2020 from among all eligible entries received during the Entry Period.  Odds of winning depends on the number of eligible entries received. The Potential Winner will be subject to verification of eligibility and compliance with these Official Rules, in Sponsor’s sole discretion. If there are no entries in the Sweepstakes, the Potential Winner may be selected, in Sponsor’s discretion, a random drawing from among all eligible individuals who completed the Miles for Smiles Challenge.
  5. Grand Prize:  Two Prize will be awarded to the winning Entrant (“Winner”).  The Winner will receive a Normatec 2.0 Leg Recovery System and Rudy Project Prize Pack that includes a Rudy’s gift card.   No transfer, refund, cash redemption, substitution, cash equivalent or replacement of the Prize is permitted, except that Sponsor reserves the right, in its sole discretion, to substitute a prize of equal or greater value (or cash equivalent).  The estimated retail value of the Prize is $US 1,695.  Any difference between the estimated retail value and the actual retail value of the Prize will not be awarded in any form.  All details of the Prize will be determined by Sponsor in its sole discretion.   Sponsor reserves the right to substitute a similar prize (or prize element) of comparable or greater value.  Sponsor will notify the Internal Revenue Service of the Prize awarded to the Winner, via IRS 1099 Tax Forms.  The Winner is solely responsible for reporting on and paying all applicable federal, state, and local income and other taxes associated with the receipt of the Prize. Receipt of the Prize is conditioned upon compliance with these Official Rules and all applicable federal, state, and local laws, rules, and regulations. Any noncompliance will result in disqualification.  If the Winner does not accept, claim, or use any portion of the Prize, that portion will be forfeited and will not be substituted. In no event will more than one Prize be awarded. Sponsor is not responsible for fulfillment of any portion of the Prize by third-party providers. Winners may not transfer, give, barter, sell, substitute, or exchange the Prize, or any part of it, for a cash equivalent except at Sponsor’s sole discretion. If the Winner is unable to accept the Prize, the Prize will be forfeited and, time permitting and in Sponsor’s sole discretion, an alternate potential Winner will be selected by random drawing.  SPONSOR SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, PROPERTY LOSS, OR PROPERTY THEFT OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF OR RELATED TO OBTAINING, RECEIVING OR USING THE PRIZE.   
  6. Winner Notification: On or about November 16, 2020, the selected Potential Winner will be notified by email.  The Potential Winner must respond to Sponsor within five (5) business days after Sponsor sends the notice. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by the Potential Winner for any reason.  In Sponsor's sole discretion, the selected Potential Winner may be disqualified (and forfeit the potential prize), and, time permitting and in Sponsor’s sole discretion, an alternate Potential Winner may be selected by random drawing in accordance with these Official Rules from among the remaining eligible Entrants if the selected Potential Winner: (a) does not respond to the email notification within five (5) business days and cannot be reached for whatever reason after a reasonable effort has been exerted; (b) declines or cannot accept, receive or use the Prize for any reason; (c) is found to be ineligible to enter the Sweepstakes or receive the Prize; or (d) cannot or does not comply with these Official Rules or any applicable local, state, or federal law, rule or regulation.  A forfeited or unclaimed Prize will not be awarded. The Sponsor is not obligated to contact the Potential Winner in any manner other than email.  Except where may be prohibited by applicable law, the Potential Winner may be required to participate in a background check and to complete an Affidavit of Eligibility, Release of Liability, and Publicity Release  and a W-9 (collectively, the "Winner Documentation").  Unless any requirement is prohibited by applicable law, if the Potential Winner does not comply with these requirements within five (5) business days from the date the Sponsor sends the Winner Documentation to the Potential Winner, in Sponsor's sole discretion, the Prize may be forfeited and, time permitting and in Sponsor’s sole discretion, an alternate Potential Winner may be selected by random drawing in accordance with these Official Rules from among the remaining eligible Entrants. Sponsor reserves the right to modify the notification and Winner Documentation procedures in connection with the selection of an alternate winner, if any.  If a dispute arises regarding the identity of an individual who submitted an entry, the entry will be deemed submitted by the verified authorized account holder of the email account. "Authorized account holder" means the natural person who is assigned to an email account by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. The Potential Winner may be required to show proof of being the authorized account holder. ANY POTENTIAL WINNER MAY BE SUBJECT, AND CONSENTS, TO A BACKGROUND CHECK AND VERIFICATION BY SPONSOR AND ITS ADMINISTRATORS AND AGENCIES, AND SPONSOR’S DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. SHOULD THE BACKGROUND CHECK RESULTS REVEAL ANY RESULTS THAT SPONSOR DETERMINES IN ITS SOLE DISCRETION WOULD REFLECT NEGATIVELY ON SPONSOR OR ANY PERSON OR ENTITY AFFILIATED WITH SPONSOR (SUCH AS PENDING CRIMINAL CHARGES, FELONY CONVICTIONS, AND SIMILAR INFORMATION), THEN SPONSOR RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO DISQUALIFY THE POTENTIAL WINNER AND SELECT ANOTHER POTENTIAL WINNER.
  7. Grant of Rights: By entering the Sweepstakes, Entrants grant, without further compensation or limitation, to Sponsor the non-exclusive, royalty-free, irrevocable, perpetual, worldwide, sublicenseable right to reproduce, distribute, create derivative works of, publicly display and perform and otherwise use in all media now known or later developed all material submitted by Entrant without any additional permission or consideration of any kind. Entrant represents and warrants that Entrant has all necessary rights to grant Sponsor all rights granted in these Official Rules and that Sponsor’s use of Entrant’s materials will not violate the right of any party, including copyright, trademark, privacy and publicity, or create claims for defamation, false light, intentional or negligent infliction of emotional distress, or breach of contract.  Sponsor has no obligation to publish or otherwise use any materials submitted by Entrants or Potential Winner.
    Except where prohibited by law, by entering the Sweepstakes, Entrant grants to Sponsor, the non-exclusive, royalty-free, irrevocable, perpetual, worldwide, sublicenseable right to use Entrant’s full name, city and state of residence, biographical information, likeness depicted in the photograph submitted as an Entry to the Content (as well as the likenesses of all other persons depicted in the photograph), and Entrant’s full name, city and state of residence, and biographical information, likeness and voice depicted in any other photographs and recordings, testimonials, statements, and other information and material submitted by Entrant or otherwise created in connection with the Sweepstakes or Sponsor in furtherance of Sponsor’s charitable and educational purposes and for all other purposes, including for advertising, trade and/or promotion on behalf of Sponsor in all media now known or later developed, including print, TV, radio, electronic, cable, social media, and World Wide Web without any limitation, restriction, compensation, notice, review, or approval (“Publicity Release”).   
  8. No Tampering, Right To Cancel, Modify: Sponsor shall have no obligation or responsibility, including any responsibility to award any prize to Entrants, with regard to: (a) entries that contain inaccurate information or do not comply with or violate the Official Rules; (b) entries, prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human, or technical error of any kind; (c) Entrants who have committed fraud or deception in entering or participating in this Sweepstakes or claiming the prize; (d) internet, telephone, electronic, hardware, software, network or computer malfunctions, failures, or difficulties; (e) typographical, printing or other errors or omissions in these Official Rules, in any Sweepstakes-related advertisements or other materials, or other problems or errors of any kind whether computer, network, mechanical, human, electronic, typographical, printing or otherwise including errors or problems which may occur in connection with the administration of the Sweepstakes, in the processing of entries, in the selection or announcement of the Winner or in the awarding of the Prize; (f) any inability of the Potential Winner or Winner to accept the Prize for any reason; (g) if a Prize cannot be awarded due to delays or interruptions due to Acts of God, natural disasters, terrorism, weather, or any other similar event beyond Sponsor’s reasonable control; or (h) any damages, injuries or losses of any kind caused by any Prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of any Prize or resulting from participating in this Sweepstakes. Sponsor reserves the right to cancel, modify, or suspend the Sweepstakes or any element of it without notice and for any reason (including any unanticipated occurrence) at any time, including if for any reason, this Sweepstakes is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, phone malfunctions, or any other causes beyond Sponsor’s control, which affects the proper conduct of the Sweepstakes. In such event, Sponsor, in its sole discretion, may, but is not obligated to, award the Prize in a random drawing from all eligible entries received up to the date of cancellation or suspension. Sponsor also reserves the right to disqualify any individual who tampers with the entry process. PLEASE NOTE THAT ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES AT LAW OR IN EQUITY FROM ANY SUCH PERSON(S) RESPONSIBLE TO THE FULLEST EXTENT PERMITTED BY LAW.
  9. Release of Liability; Disclaimer of Warranty:  By participating in the Sweepstakes, each Entrant, including the Winner, agrees (on behalf of Entrant and Entrant’s heirs, executors, and administrators): (a)  to release and hold harmless the Sponsor and each of its subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers, and directors (the "Released Parties") from any and all liability for loss, harm, damage, cost or expense, reasonable attorneys’ fees, including property damage or loss, personal injury (including emotional distress), illness,  or death which may occur, whether caused by negligence or not, in whole or in part, directly or indirectly, in connection with, in preparation for, or participation in, the Sweepstakes, or possession, acceptance and/ use or misuse of the Prize or participation in any Sweepstakes-related or Prize-related activity and for any claim or causes of action related to publicity rights, defamation or invasion of privacy and merchandise delivery; and (b) to indemnify the Released Parties from any and all liability incurred by the Released Parties arising from Entrant’s participation in any manner in the Sweepstakes . The Released Parties assume no responsibility for any injury or damage to Entrants, or to any other person's property, regardless of how caused that relates to or results from entering the Sweepstakes. Entrants and Winner acknowledge that Sponsor makes no representation, warranty, or guarantee concerning, and is not in any manner responsible or liable for, any warranty, representations or guarantees, express or implied, in fact or in law, concerning the Prize or any component of it, including any express or implied warranties provided by any parties (or their affiliates) supplying any portion of the Prize.
  10. Use of Data: All information submitted by Entrants will be treated according to Sponsor’s privacy policy, available at: smiletrain.org/about/privacy-policy (“Privacy Policy”) and these Official Rules. By participating in the Sweepstakes and providing personally identifiable and other information, Entrant hereby agrees to Sponsor’s collection and use of the personal information and each Entrant acknowledges that: (a) you have read and accepted Sponsor’s Privacy Policy; and (b) you provide all information to Sponsor and not to any social media platform such as Facebook, Instagram, or Twitter. If there is any inconsistency between Sponsor’s Privacy Policy and these Official Rules, these Official Rules control. An Entrant may subsequently opt-out of receiving further emails not related to the Sweepstakes as described in Sponsor's Privacy Policy.
  11. Disputes; General: Except where prohibited by law, by entering the Sweepstakes, Entrant agrees that: (a) all disputes, claims, and causes of action arising out of or connected with the Sweepstakes and any Prize awarded will be resolved individually without resort to any form of class action; (b) any claim, judgment, and award will be limited to actual out-of-pocket costs incurred (if any), including costs associated with entering the Sweepstakes but in no event will: (i) include attorneys' fees or experts’ fees and costs, or (ii) exceed $US 5,000 in the aggregate; and (c) under no circumstances will any Entrant be permitted to obtain any award for, and Entrant hereby irrevocably waives all rights to any claim: (1) for punitive, exemplary, indirect, special, incidental or consequential damages, any other damages (whether due to negligence, strict liability, contract or otherwise), other than actual out-of-pocket expenses or damages incurred (if any) as limited above; and (2) to have any damages multiple or otherwise increased. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, and the rights and obligations of the Entrants, Sponsor, and Released Parties in connection with the Sweepstakes is governed by and will be construed and enforced in accordance with the laws of the State of New York applicable to agreements entered into and performed within the State without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than New York. Before initiating any formal dispute resolution proceedings, Entrant agrees to negotiate with Sponsor in good faith on an individual basis. If Sponsor and Entrant do not reach an agreement after negotiation, Entrant irrevocably agrees to submit the dispute to binding arbitration located in New York City, on an individual basis, under the rules of the American Arbitration Association, such proceeding to be governed by the Federal Arbitration Act; any award from the arbitration may be enforced in any court of competent jurisdiction. All administrative costs of any arbitration shall be split equally between the parties, and each party will be responsible for paying its own attorneys’ fees, expert fees and expenses. To the maximum extent permitted by law, the parties agree that the arbitration award will not include consequential or punitive damages or injunctive relief but will be limited to actual damages sustained in accordance with the limitations above.  Entrant agrees not to initiate or participate in any class action in any concerning the Content or Award.  Entrant agrees the arbitration may determine only the Entrant’s and/or Sponsor's individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. If any provision of these Official Rules is held to be invalid or unenforceable, the provision will be modified to the extent necessary to make it enforceable or, if that is not possible, it will be deleted and the remaining provisions of the Official Rules will be enforceable to the full extent permitted by law.  Sponsor's delay or failure to enforce any provision of these Official Rules will not constitute a waiver of the provision. The value of the Prize represents Sponsor's good faith determination of its retail value and such determination is final and binding and cannot be appealed.  The term “including” in these Official Rules is illustrative and means “including, but not limited to.”  Sponsor’s failure to comply with any of these Official Rules  due to an act of God, weather, war, riot, terrorism, governmental authorities or other reason beyond Sponsor’s control or other “force majeure” event will not be considered a breach by Sponsor of these Office Rules.   
  12. Winner’s List: To request the name (including city, state) of the Winner, please send a self-addressed, stamped business size envelope by January 1, 2021 to: 633 Third Ave., 9th Floor New York, New York 10017 USA. VT residents may omit return postage.
  13. Rules Requests: The Official Rules are available online at: Official Rules during the Entry Period.  This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter or Instagram.
  14. Sponsor: The Sweepstakes is sponsored by Smile Train Inc., 633 Third Ave, 9th Fl, New York, NY 10017 (the “Sponsor”).

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