Rules & Regulations: TLC Visa Card Giveaway

OFFICIAL RULES >TLC VISA CARD GIVEAWAY
NO PURCHASE NECESSARY.  A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

1. Sponsor: TLC Vision Centers Inc. (“TLC”).  TLC operates laser vision correction centers throughout the United States.
2. Promotion Period: The Promotion begins on December 4, 2012, at 9:00 a.m. (EDT) and ends on December 17, 2012, at 11:59 p.m. EDT (the “Promotion Period”).
3. Prize: Four $250 Visa™ gift cards will be awarded monthly during the Promotion Period. The odds of winning depend on the number of eligible entries received.  Sponsor reserves the right, in its sole discretion, to substitute a comparable service in the event the Prize is unavailable.
4. Eligibility: The Giveaway (the “Promotion”) is open only to legal residents of the United States who (i) have been identified as a reference during the Promotion Period, (ii) were at least 21 years of age at the time of such entry.  Employees of Sponsor, its affiliates, divisions, subsidiaries, advertising/promotion agencies, or any third party associated with the development or administration of this Promotion, and members of such employee’s household and/or immediate family (i.e., parents, children, siblings, spouse and persons residing in the same household as such immediate family members) are not eligible for this Promotion. TLC its affiliates and their respective employees, shareholders, directors, and agents are also ineligible participants. Winning a Prize is contingent upon fulfilling all requirements set forth herein. Prize Winners will be required to sign and return an Affidavit of Eligibility and Liability/Publicity Release (including his/her Social Security Number for tax purposes). Failure to sign and return these and other such requested documents by the return date specified in the Prize notification letter will result in forfeiture of the Prize. Winners receiving Prizes with Approximate Retail Value of $600 or more will also be required to complete an IRS Form W-9, and will be issued an IRS Form 1099 in the amount of the Approximate Retail Value of the Prize.
5. How to Enter: In order to be eligible for the drawing, you must submit a testimonial on TLC’s Facebook Patient Stories application found here: http://www.facebook.com/#!/tlclasik/app_353628947189 between December 4, 2012 and December 17, 2012.  One entry will be given for each referral.
6. Selection of Winners:  A drawing will take place on December 18th.  Four entries will be randomly selected from posted testimonials.  Winner need not be present at time of drawing.  The drawing winner will be notified within the next ten (10) days via registered or certified first class mail.  Prizes will be forfeited in their entirety if the Winner does not complete the requested documents or does not claim the Prize by the date specified in the Prize notification letter.  The Winner must present a valid photo identification in order to claim the Prize. The Winner has sole responsibility for the payment of any applicable state, federal or local taxes and fees associated with the Prize.
7. Restrictions and Limitations: This Promotion is subject to all applicable federal, state and local laws, and void where prohibited.  Winners may not transfer the Prize without the express written consent of Sponsor, and substitution may be made at the sole discretion of Sponsor. Restrictions:

• Prize cannot be redeemed for cash.
• Prize must be redeemed within six months of the date of the Prize Notification.

1. Verification of Winner: Winners must comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all such requirements. Each Winner is subject to verification by Sponsor. A Winner will not receive any Prize unless and until his/her eligibility has been verified. If the Winner of any Prize cannot be contacted, fails to reply by the date specified in the Prize notification letter, or fails to redeem the Prize within six months of the date of the Prize Notification, then such Winner forfeits their prize.  In the event that a Winner is disqualified for any reason or forfeits their prize, Sponsor will award the applicable Prize to an alternate winner by random drawing from among all remaining eligible entries. Only one (1) alternate drawing will be held after which the prize will remain unawarded. Each winner must complete, execute and return an Affidavit of Eligibility and Liability/Publicity Release by the date specified in the Prize notification letter. Failure to return the documents by the date specified in the Prize notification letter, or to comply with these official rules, may result in disqualification.
2. Release: By submitting an entry, you agree to release and hold harmless Sponsor, and the respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies of each, and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Promotion or receipt or use or misuse of a Prize.
3. Publicity: Except where prohibited, acceptance of a Prize constitutes your consent to Sponsor’s and its agents’ use of your name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.  Upon Sponsor’s request, each Winner agrees to provide Sponsor with written, live and/or recorded interviews and testimonials, in a form satisfactory to Sponsor, without further consideration.
4. General Conditions: Submission of an entry constitutes your full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Promotion.  Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Official Rules. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
5. Limitations of Liability: Winners accept Prizes AS IS.  Sponsor makes no warranties, express or implied, with respect to any Prize supplied by or through it and expressly disclaims all warranties, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  Sponsor makes no representations, warranties, or covenants with respect to the merchantability, condition, quality, description, durability, or suitability of the Prize in any respect or for any purpose or use. Sponsor shall not be liable for damages of any kind or nature, arising out of or in connection with the Promotion or receipt of a Prize.  The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) unauthorized human intervention in any part of the entry process or the Promotion; (3) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (4) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from  participation in the Promotion or receipt or use or misuse of any prize. If for any reason your entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, your sole remedy is another entry in the Promotion, provided that if it is not possible to award another entry due to discontinuance of the Promotion, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for the Prize offered herein.
6. Disputes: Except where prohibited, you agree that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Missouri; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (3) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the respective rights and obligations of you and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Missouri, without giving effect to any choice of law or conflict of law rules (whether of the State of Missouri or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Missouri.
7. Promotion Results: The name of the winners may be obtained after December 19, 2012, by sending a self-addressed stamped envelope to TLC Vision 16305 Swingley Ridge Rd, Chesterfield, Missouri 63017.   Requests for winner names must be received by January 31, 2013.

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