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ThermaFrax® “Real You, Real Fabulous” Contest Official Rules

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Click Here to Enter the Contest

This Contest is intended for viewing and participation in the 50 United States and Washington D.C., only, and shall be construed and evaluated according to the laws of the 50 United States, and Washington D.C. Please do not enter if you are not a legal resident of, and not located in, the 50 United States or Washington D.C. VOID IN PUERTO RICO, THE U.S. VIRGIN ISLANDS, OTHER U.S. TERRITORIES AND POSSESSIONS, AND WHERE PROHIBITED BY LAW.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.  A PURCHASE OR PAYMENT WILL NOT IMPROVE YOUR CHANCES OF WINNING.  

THESE OFFICIAL RULES CONTAIN AN AGREEMENT TO ARBITRATE DISPUTES.

  1. CONTEST PERIOD: Entry window begins at 12:00:01 AM ET on 07/01/21 and ends at 11:59:59 PM ET on 10/01/21. Entries will be reviewed during the period of 10/02/2021 to 10/31/2021. Winners will be notified via email and/or phone communications on or by 11/01/2021. The entry deadlines for the drawing of each Entry Period are set forth below. Non-winning entries will not roll over to subsequent Entry Periods, if any. Sponsor’s computer is the official timekeeping device for the Contest.
  1. SPONSOR: This Contest is solely sponsored by Solta Medical, a division of Bausch Health US, LLC, 8540 Colonnade Center Drive, Suite 300, Raleigh, NC 27615.

  2. ELIGIBILITY: Contest is open to legal residents of the 50 U.S. states and D.C. Contest is void in Puerto Rico, Guam, the U.S. Virgin Islands, anywhere outside the U.S., and wherever prohibited by law. Must be over 25 years of age to enter at start date of contest. Winner must be a suitable candidate for the procedure(s) in the medical judgment of the treating practitioner and must consent to granting Solta Medical worldwide rights to use photographs, video recordings, interviews, and other publications related to the treatment. Persons in any of the following categories are NOT eligible to participate or win a prize: (a) any person who, at any time on or after December 4, 2020, was or is a director, officer, agent, representative, contractor, or employee of Bausch Health Companies Inc., or its parent, affiliates, subsidiaries, franchisees, distributors, sales representatives, retailers, and advertising, Contest, or service agencies; (b) individuals engaged in the development, production or distribution of materials for the Contest or engaged in the administration or execution of this Contest (collectively, with the entities listed in 3(a), the “Contest Entities”); (c) healthcare professionals (including but not limited to physicians, optometrists, opticians, nurses, nurse practitioners, physician assistants, medical assistants, office technicians, dentists, dental assistants, dental hygienists, medical residents, pharmacists and other individuals in the position to arrange for or recommend Bausch Health products); and (d) persons who are the immediate family members (defined as spouse, parent, child, sibling, and each of their respective spouses, as well as step-mother/ father, sister, brother, daughter, son, dependent or spouse of any of the foregoing) of any person in any of the preceding categories, regardless of where they live, or who reside in the same household (i.e., live in the same household for at least 3 of the 12 months preceding the start of the Contest Period, whether related or not) as any person in any of the preceding categories. Contest is subject to all applicable federal, state and local statutes, regulations, rules, orders, and other laws.

  3. HOW TO ENTER: NO PURCHASE NECESSARY. Your Entry does not need previous Thermage®, Fraxel®, or any other treatments, and you do not need to purchase any treatment in order to enter.  You must upload your entry on the contest site for your Entry(ies) to be valid. You may only submit an entry of yourself, and the submission cannot contain the name, image, likeness, or other inidcia of any other individual (living or dead) other than yourself. Contestants must upload three (3) photos, of each the left and right sides of the face, and from face on. All submitted photos must be color, and from within 2 weeks of contest entry and may not utilize common social media filters. Entries must be without eyeglasses, jewelry, makeup, and utilizing a plain white or off-white background. Lighting should come from behind the camera. Entries must include any and all disclosure of previous aesthetic treatments on the face, including but not limited to toxins, fillers, or lasers. Contest winners must commit to withholding future treatments during the winning treatment period. Entries may initially be screened by the Sponsor for apparent compliance with these Official Rules. Sponsor may reach out to contestants for additional photos, at Sponsor’s discretion, in order to be able to evaluate the entry. 

    Limit: maximum of one (1) Entry per person

  4. Entry Requirements: Winner must be a suitable candidate for the procedure(s) in the medical judgment of the treating practitioner and must consent to granting Solta Medical the right to use photographs, video recordings, interviews, and other publications related to the treatment. Entries will be judged based on skin concerns and treatment considerations by Solta Medical with the consultation of participating practitioners. Determination of the winner, according to these criteria, will be at Solta Medical’s absolute and final discretion. Solta Medical reserves the right to consult with physician practitioners to determine eligibility of entries based on treatment criteria.

    Sponsor reserves the right to waive the Entry Requirements set forth herein in its sole and absolute discretion.  By submitting an Entry, you agree that your Entry is gratuitous and made without restriction, and will not place Sponsor under any obligation, that Sponsor is free to disclose the Entry and the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. By entering, you acknowledge that Sponsor has no obligation to use or post any Entry you submit. You acknowledge that Sponsor does not waive any rights to use similar or related ideas otherwise known to Sponsor, or developed by its employees, or obtained from sources other than you. 

    Each entrant agrees that his/her Entry will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the entrant hereby irrevocably assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her Entry, including but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, in perpetuity, for consideration, the receipt and sufficiency of which is hereby acknowledged. Entrant hereby waives in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that entrant may now or later have to their Entry. Sponsor reserves the right to alter, change or modify any Entry, in its sole and absolute discretion. Upon request of Sponsor, entrant shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Entry and of the copyrights transferred and rights of “Droit Moral” and “Moral Rights of Authors” waived under these Official Rules. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment in its sole and absolute discretion.
     
    By participating in the Contest, entrants agree to indemnify and hold harmless Sponsor and the other Contest Entities (as defined in Rule #3) from and against any and all claims, demands, actions, causes of action, damages, costs or expenses brought against or suffered or incurred by any of them, arising out of or in connection with the participation by the entrants in this Contest, or any breach by the entrants of the foregoing warranties or any of the Official Rules. By participating, entrants agree to these Official Rules, and to comply with them, which are final and binding in all respects.

  5. Sponsor reserves the right in its sole and absolute discretion to cancel, terminate, modify and/or suspend this Contest at any time at its sole discretion, at any time for any reason, including, without limitation, if fraud, technical failures, including any network server or hardware failure, viruses, bugs, errors in programming, or any other errors or other causes (such as force majeure events) impairs the administration, security, integrity or proper play of the Contest. In the event of cancellation, Sponsor reserves the right in its sole and absolute discretion, to select the winner from among all eligible, non-suspect entries received up to time of such cancellation. In no event will the Sponsor be liable for more than the stated number of prizes available in the prize category in question.

  6. JUDGMENT OF ENTRIES. Within thirty days of the end of the Contest Period, employees of Sponsor, in consultation with consulting practitioners, will evaluate eligible entries received to determine, in the sole and absolute discretion of Sponsor, the best candidate to receive the procedures included in the contest prizes from among the eligible Entries received. In the event that Sponsor determines, in its sole and absolute discretion, that there are no suitable candidates to receive the procedure, Sponsor may cancel the contest without declaring a winner.

  7. CONTEST PRIZES: Subject to the terms and conditions of these Official Rules, the following prizes will be awarded to the winner:
  • The total ARV of all prizes available to be won during the Contest Period is: USD $15,000.00 (inclusive of travel expenses and photoshoot for the winner). Prizes are not transferable or redeemable for cash (if applicable), and must be accepted as awarded, no substitutions of any kind (except as determined by the Sponsor in its sole and absolute discretion). Sponsor reserves the right to substitute a prize (or any portion thereof) with one of comparable or greater value, in its sole and absolute discretion.

    Each Winner acknowledges that Sponsor has not made nor is in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the prizes, if any, including but not limited to their quality, mechanical condition or fitness for a particular purpose. Any and all warranties and/or guarantees on a prize (if any) are subject to the respective practitioner’s discretion, and Winners agree to look solely to such practitioner for any such warranty and/or guarantee.

    All federal, state and/or local taxes (including income and withholding taxes), if any, as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided are each Winner’s sole responsibility, regardless of whether a prize is used in whole or in part. All prize details are at the Sponsor’s sole and absolute discretion.
  1. HOW TO CLAIM YOUR PRIZE: Potential Prize Winners will each be notified via a message, reply or comment on Instagram or Facebook with instructions on how to claim their prize. Before being declared a winner, Potential Winners may be required to execute and return an Affidavit of Eligibility, a Liability Release, and, where lawful, a publicity release, within five (5) business days from the time it was postmarked as having been sent by the Sponsor or its representative, or the prize may be forfeited, and the prize may be awarded to an alternate winner or Sponsor may cancel the contest and award no prize, at the Sponsor’s sole and absolute discretion. If a Potential Winner is found to be ineligible or not in compliance with these Official Rules, declines to accept a prize in accordance with the prize claim instructions, if Sponsor is unable to contact a Potential Winner within three (3) business days, or in the event that a prize notification or any prize is returned undeliverable, such prize may be forfeited at the Sponsor’s sole and absolute discretion. Each Potential Winner may be required to furnish proof of identification and permanent address.

    Allow 4-8 weeks for verification. Sponsor shall not be held responsible for any delays in awarding a prize for any reason outside of their control. Prizes will only be delivered to verified winners. Sponsor is not responsible for any change of email address, and/or telephone number of entrants.

    By accepting a prize, each winner agrees and consents to the use of his/her name, address (city and state of residence), voice, and statements relating to the Promotion or Sponsor, and photographs or other likenesses, without further compensation, notification or permission in any publicity or advertising carried out by Sponsor or any of the other Promotion Entities in any and all media now known or hereinafter developed, including the internet, without territorial or time limitation, except where prohibited by law.

  2. Sponsor and the other Contest Entities do not warrant that access to the Contest will be uninterrupted.  Neither Sponsor nor any other Contest Entities are responsible for any problems that may arise, including but not limited to: (a) lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connection, availability or accessibility problems arising in connection with or over the course of the Contest; or (b) communications failures, or jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions or hardware or software malfunctions, failures or difficulties; or (c) failure of personal computers and/or software and hardware configurations, any technical malfunctions, failures, or difficulties, printing errors, clerical, typographical or other errors in connection with the administration of the Contest, the processing of entries, the offering or announcement of any prize or in any prize notification documents; or (d) for any other errors of any kind relating to or in connection with the Contest, whether human, mechanical, clerical, electronic, or technical in nature; or (e) the incorrect or inaccurate capture of information, or the failure to capture any information in connection with the Contest; or (f) damage to a user’s system occasioned by participation in this Contest or downloading any information necessary to participate in this Contest.

DISCLOSURES:

  1. By participating, entrants (i) acknowledge and represent that they are in full compliance with these Offical Rules including all eligibility requirements and, (ii) agree to be bound by these Official Rules and the decisions of the Sponsor, made in their sole and absolute discretion, which shall be final and binding in all respects. Entrants who have not complied with these Official Rules are subject to disqualification and all associated entries will be void.

  2. Any attempt by an entrant or other individual, to deliberately damage any website or undermine the legitimate operation of this Contest, including but not limited to any fraudulent claims, may be a violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to seek remedies and damages (including attorneys’ fees) from any such individual, to the fullest extent permitted by law, including criminal prosecution. Entrants engaging in any of the foregoing activities may be disqualified (and all associated entries will be void) and will forfeit any prize(s) won. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

  3. In the event of any conflict with any Contest details contained in these Official Rules and Contest details contained in Contest materials (including but not limited to point of sale, television, and print advertising, Contest packaging, and other Contest media), the details of the Contest as set forth in these Official Rules shall prevail.

  4. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. In particular, Sponsor’s employees are not authorized to waive, modify or amend any provision or provisions of these Official Rules in any manner whatsoever.

  5. Information collected from entrants is subject to Sponsor’s Privacy Policy. To review Sponsor’s privacy policy, please visit http://www.bausch.com/reference/privacy-policy to see how we use personal information obtained in connection with this Contest. Winners’ names may be included in a publicly available winners list. By entering this Contest, you agree to and accept Sponsor’s Privacy Policy.

  6. Sponsor is not responsible for late, lost, damaged, stolen, misdirected, or incomplete Entries, or mail. Proof of transmission (screenshots or captures, etc.) does not constitute proof of delivery.

  1. INDEMNIFICATION AND LIMITATION OF LIABILITY: EACH ENTRANT AGREES TO RELEASE, DISCHARGE, HOLD HARMLESS AND INDEMNIFY THE SPONSOR FROM AND AGAINST ANY CLAIMS, DAMAGES, DISABILITY, ATTORNEYS’ FEES, AND COSTS OF LITIGATION AND SETTLEMENT, AS WELL AS ANY LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE OPERATION OF THE PROMOTION, THE USE, ACCEPTANCE, POSSESSION, MISUSE OR AWARDING OF A PRIZE, ANY PREPARATION FOR, PARTICIPATION IN AND/OR TRAVEL TO OR FROM ANY PRIZE-RELATED OR PROMOTION-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY. EACH WINNER AGREES (AS BETWEEN SPONSOR AND SUCH WINNER) THAT THE PRIZE WON IS PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS, IMPLIED IN FACT OR IN LAW, OR STATUTORY, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. EACH ENTRANT AGREES THAT (I) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS SHALL BE LIMITED TO ACTUAL OUT OF POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH PARTICIPATING IN THIS PROMOTION, BUT IN NO EVENT ATTORNEYS’ FEES; AND (II) UNDER NO CIRCUMSTANCES WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT HEREBY WAIVES ANY AND ALL RIGHTS TO CLAIM PUNITIVE, INCIDENTAL, AND CONSEQUENTIAL DAMAGES, AND ANY OTHER DAMAGES OTHER THAN FOR ACTUAL OUT OF POCKET EXPENSE AND WAIVES ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED.
  1. All controversies, claims, issues and questions concerning the construction, validity, interpretation and enforceability of the Contest, the Official Rules, any Entries, or the rights and obligations of entrant and Sponsor in connection therewith, shall be governed by, and construed in accordance with, the laws of the State of New Jersey, without regard to New Jersey or any other conflicts of law principles. IF THE CONTROVERSY, CLAIM, ISSUE OR QUESTION IS NOT RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION BETWEEN THE PARTIES, ANY SUCH CONTROVERSY, CLAIM, ISSUE OR QUESTION SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC. IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES AND THE CONSUMER MINIMUM STANDARDS OR ANY SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE IN THE STATE OF NEW JERSEY. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS SECTION WILL BE CONDUCTED IN BRIDGEWATER, NEW JERSEY, OR, AT ENTRANT’S OPTION, IN THE METROPOLITAN AREA CLOSEST TO THE ENTRANT’S RESIDENCE. THE ARBITRATOR’S DECISION SHALL BE CONTROLLED BY THE TERMS AND CONDITIONS OF THESE OFFICIAL RULES. IN THE EVENT AN ENTRANT INITIATES ARBITRATION AGAINST SPONSOR, THE ENTRANT SHALL PAY JAMS UP TO $250 IN ARBITRATION FEES. SPONSOR SHALL PAY ALL OTHER FEES AND COSTS OF JAMS IN CONDUCTING THE ARBITRATION, UNLESS THE ARBITRATOR DETERMINES THAT ENTRANT’S CLAIM WAS FRIVOLOUS OR BROUGHT IN BAD FAITH. THE REMEDY FOR ANY CLAIM SHALL NOT INCLUDE THE PAYMENT OF ANY ATTORNEY FEES OR OTHER COSTS IN BRINGING THE PROCEEDING AND NO PARTY SHALL BE ENTITLED TO RESCIND THIS AGREEMENT. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION ACCRUED OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.

  2. For a list of the prize winners, send a self-addressed postage stamped envelope to: 8540 Colonnade Center Drive, Suite 300, Raleigh, NC 27615. Attention: Real You, Real Fabulous contest. All requests must be received by December 31, 2021. Winners list will be sent after all prizes have been awarded.

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