Indiana LASIK Centers Official General Contest Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN A PRIZE.
A PURCHASE OR CONSULTATION FOR LASIK WILL ALSO NOT IMPROVE YOUR CHANCES OF WINNING.
APPLICABLE LAW (VOID WHERE PROHIBITED): All Contests (as defined below) are subject to and governed by applicable federal, state and local laws, statutes, rules and regulations (“Applicable Laws”). ANY CONTEST IS VOID WHERE PROHIBITED OR OTHERWISE RESTRICTED BY LAW. By entering, each Participant also agrees to comply with any and all Applicable Law in connection with his or her participation in a Contest. ACCEPTANCE OF THE OFFICIAL RULES; POLICIES: Any individual who enters, attempts to enter or in any way participates or attempts to participate in any contest conducted by Indiana LASIK Centers (“ILC”) (each such individual is hereinafter referred to as a “Participant”) accepts and agrees to be bound by the terms and conditions provided in these General Rules (“Rules”), as well as by ILC’s interpretations of these Rules which are final and binding in all matters relating to Contest.
Entry in a Contest does not constitute entry into any other promotion, sweepstakes, or contest. The distribution of the prize(s) will be at the sole determination of ILC to the individual(s) deemed the winner(s) of the Contest by ILC in accordance with these Rules.
Collection, use, and disclosure of information obtained from Participants in the Contest is governed by ILC’s Privacy Policy (such privacy policy and any additional Contest terms and policies are referred to in these Rules as the “Policies”). In the event there is an inconsistency between any of the Policies or any Contest promotional materials and the terms and conditions of these Rules, these Rules shall prevail and govern.
CONTEST CANCELLATION, SUSPENSION OR MODIFICATION: ILC reserves the right to cancel, terminate, modify or suspend Contest, in its sole discretion, if the Contest is not capable of being completed as planned for any reason, including, but not limited to, infection by computer virus, “bugs,” tampering, unauthorized intervention, fraud, or technical failures of any kind or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of Contest. The decision of ILC to cancel, terminate, modify or suspend any Contest shall be final in all respects.
ELIGIBILITY: Geographical, Age and Parental Consent Requirements: Contest is open to natural persons who are legal residents of the states of Indiana, Ohio and Michigan who are at least 18 years of age or older at time of entry.
Contest Entity and Immediate Family Member Disqualification: The officers, directors, employees, contractors, and agents of ILC, Midwest Eye Consultants, Indiana Optometric Laser Group, and any entity involved in the design, sponsorship, development, production, implementation and/or distribution of Contest as well as their respective parents, affiliates, divisions, subsidiaries and successor companies (the “Contest Entities”), and their immediate family members (and those living in the same household, whether or not related), are prohibited from participating in Contest and do not qualify as Participants. “Immediate family members” shall include spouses, siblings, parents, children, grandparents, and grandchildren, whether as “in-laws”, or by current or past marriage, remarriage, adoption, co-habitation or other familial extension.
Past Prize Winners: Participants may only win Contest once.
Employer Restrictions: Participant is solely responsible for reviewing and understanding Participant’s employer’s policies regarding Participant’s eligibility to participate, earn prizes and redeem rewards in contests, sweepstakes and giveaways. Participant may be disqualified from participating in this Contest and/or receiving prizes if Participant is participating in this Contest in violation of his or her employer’s policies.
HOW TO ENTER:
Methods: Contest entries may be submitted by: completely filling out and submitting an entry form at prescribed ILC events and appearances, mail, email or web interface, each as described below. Only official entry forms will be considered, and entries on reproduced forms will be disqualified. Entry forms may also be mailed to Indiana LASIK Centers, 2510 E. Dupont Road, Suite 124, Fort Wayne, Indiana 46825. Only one Contest entry is permitted per envelope for a mail-in entry. Entries may also be emailed to ILC at info@IndianaLASIKCenters.com. The electronic mail account holder will be deemed the Participant for any electronic mail entries. Mailed or emailed entries must include, in addition to any other information requested in the Contest entry form, Participant’s name, age, address, daytime phone number, and email address. Incomplete, unreadable, late, or unintelligible entries are void and will be disqualified. To enter a Contest, visit the Contest entry page located at indianaLASIKcenters.com/LASIKgiveaway and complete the Contest form on that page. All entries must be received by the end of the Contest period (as further explained below).
Entries Are the Sole and Exclusive Property of ILC: All Contest entries and/or related submissions become the sole and exclusive property of ILC upon transmission. Contest entries will not be returned and may be used by any Contest Entity for any purpose whatsoever related to any Contest, without additional compensation to the participant or any other individual or entity.
Disclaimer of Responsibility for Entries: ILC is not responsible for problems with Contest entries, including but not limited to, entries which are lost, late, misdirected, damaged, incomplete, illegible, unreadable, or cannot be completed due to electronic or technical difficulties, even if the problem is the result of any acts or omissions of ILC.
Multiple Entries: Participants may enter only once every 7 (seven) days. In case of multiple entries received from any person or email address only the first entry received from such person or email address will be considered.
False Fraudulent or Deceptive Entries or Acts: Participants who, in the view of ILC, provide false, fraudulent or deceptive entries or who engage in false, fraudulent or deceptive acts in connection with the Contest will be disqualified and may be subject to criminal prosecution. In addition, if, in the exclusive judgment of ILC, the Contest (or any portion thereof) becomes compromised in any way, ILC reserves the right, at its sole discretion, to cancel any method of entry, to void any entries submitted fraudulently, and/or to select winners from among all non-suspect eligible entries received prior to act that compromised the Contest.
PARTICIPATION PROBLEM DISCLAIMER: Even if alleged to be caused by the sole or partial negligence of ILC, ILC is not responsible for any problems which affect, or result from, Participation or attempted Participation in the Contest. This includes, but is not limited to, the following problems: 1. Incorrect, incomplete or inaccurate entry information; 2. Human errors; 3. Failures, omissions, interruptions, deletions or defects of any wireless network, telephone network, internet service, computer systems, servers, utility providers, or software; 4. Identity theft; 5. Tampering, destruction or unauthorized access to, or alteration of, entries or computer data; 6. Network hackers or other unauthorized access to ILC’s computer network; 7. Data that is processed late or incorrectly or is incomplete or lost due to wireless network, telephone network, computer or electronic malfunction or traffic congestion on wireless or telephone networks; 8. Printing errors; 9. Equipment malfunctions; and 10. Late, misdirected, lost, misplaced, illegible, mutilated or postage-due entries.
LICENSE GRANT: Any data or information included in entries must not infringe the intellectual property, industrial property, privacy, publicity, or other rights of any third party, and must be suitable for publication to a general audience (i.e. it may not be obscene, indecent , defamatory, hateful, or inappropriate, as determined in ILC’s sole discretion). By submitting an entry, each Participant irrevocably grants ILC and its designees the unconditional, irrevocable, and perpetual right and permission, royalty-free, to use any data, information, images, content, or materials included in such entry, in any media now known or hereafter devised, throughout the world for any purpose. ILC is not obligated to use any of the above mentioned data, information, images, content, or materials, but may do so and may edit them in ILC’s sole discretion, without further obligation or compensation. Each Participant waives all intellectual property rights, privacy/publicity rights or other legal or moral rights that might preclude the ILC’s use of the entry or exercise of any rights granted to ILC, and agrees not to sue or assert any claim against the ILC Parties with respect to such use.]
RELEASE OF LIABILITY AND INDEMNIFICATION: As consideration for entering a Contest, each Participant agrees to RELEASE, DISCHARGE AND COVENANT NOT TO SUE, to the maximum extent permitted by law, ILC, Midwest Eye Consultants, Indiana Optometric Laser Group and each of their respective direct and indirect affiliates, divisions, parent and subsidiary companies, officers, employees, shareholders, representatives, managers, members, directors, owners, agents, insurers, attorneys, predecessors, successors, and assigns thereof (collectively, the “Released Parties”), from and against all claims, damages, charges, injuries, losses, proceedings, suits, actions (including but not limited to tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, identity theft, loss of consortium claims), costs, expenses and attorneys’ fees that they or anyone on their behalf (including but not limited to their heirs, representatives or next of kin) have or might have, directly or indirectly, in whole or in part, from: (i) participation in the Contest, e.g., any death, injury, damage or claimed injury or damage arising out of, involving or relating to their participation in the Contest, including, but not limited to, any claim that the act or omission complained of was caused in whole or in part by the strict liability or negligence in any form of the Released Parties; (ii) any violation by such Participant of these Rules, the Policies, or Applicable Laws; (iii) the acceptance, receipt, possession and/or use or misuse of any prize (or any portion of any prize); (iv) any incorrect, incomplete, garbled, or inaccurate information, or any failure to capture any information, whether caused by Participant, printing errors, human error, or by any of the equipment or programming associated with or utilized in the Contest, (v) any damage to a Participant’s equipment (such as a computer system or mobile device) which is occasioned by accessing the Contest or participating in the Contest, (vi) miscommunications, or any failed, jumbled, delayed, or misdirected computer, telephone, cable, or other transmissions; (vii) for any technical malfunctions, failures, delays, difficulties, or other errors of any kind or nature; (viii) any entry, email, prize package, or other material or correspondence that has been tampered with or that is stolen, misdirected, incomplete, lost, late, non-conforming, ineligible, or damaged; (ix) any failure of any postal or delivery service; or (x) any events beyond ILC’s reasonable control.
Additionally, as consideration for entering the Contest, all Participants agree to INDEMNIFY, HOLD HARMLESS, AND DEFEND the Released Parties in any action or proceeding from and against all claims, damages, charges, injuries, losses, proceedings, suits, actions (including but not limited to tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, identity theft, loss of consortium claims), costs, expenses and attorneys’ fees that they or anyone on their behalf (including but not limited to their heirs, representatives or next of kin) have or might have, directly or indirectly, in whole or in part, from any death, injury, damage or claimed injury or damage arising out of, involving or relating to their participation in the Contest or for their failure to comply with the terms of the above release provision. This agreement to indemnify, hold harmless and defend applies even if the act or omission complained of was allegedly caused in whole or in part by the strict liability or negligence in any form of the Released Parties.
LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, NONE OF THE RELEASED PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE CONTEST, ANY PRIZE, OR THESE RULES, HOWSOEVER CAUSED, WHETHER ARISING IN TORT, CONTRACT, STRICT LIABILITY, OR OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER SUCH RELEASED PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ALL SUCH DAMAGES ARE HEREBY DISCLAIMED AND EXCLUDED. ALL PRIZES ARE GIVEN AWAY “AS IS.” THE RELEASED PARTIES DO NOT MAKE AND HEREBY DISCLAIM ANY WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY (INCLUDING WITHOUT LIMITATION ANY IMPLIED OR STATUTORY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT) WITH REGARD TO THE CONTEST OR ANY PRIZE.
SOME JURISDICTIONS MAY NOT ALLOW OR MAY RESTRICT THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF ACTIONS AND/OR DAMAGES, SO IN SUCH JURISDICTIONS, LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS. IF ANY PART OF THESE WARRANTY DISCLAIMERS OR LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON OR IF ILC IS OTHERWISE FOUND TO BE LIABLE TO YOU IN ANY MANNER, ILC’S AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (USD $100). YOU ACKNOWLEDGE AND AGREE THAT (A) THIS SECTION REFLECTS A REASONABLE ALLOCATION OF RISK GIVEN THAT ACCESS TO THE CONTESTS IS FREE, AND (B) ILC WOULD NOT HAVE ALLOWED YOU PARTICIPATE IN THE CONTEST WITHOUT THESE LIMITATIONS ON LIABILITY. NOTHING IN THE RULES OR ANY POLICIES SHALL ACT TO EXCLUDE OR LIMIT LIABILITY FOR DEATH OR PERSONAL INJURY WHERE SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED AS A MATTER OF LAW OR OTHER TYPES OF LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED AS A MATTER OF LAW.
CONTEST PERIODS: There will be one (1) Contest period and one winner per Contest period:
January 1st – December 31st
ENTRY PERIOD: Contest will begin at 12:01 AM Eastern Time of the first day of the Contest period and end at 5:00 PM Eastern Time on the final day of the Contest period. Entries must be received by 5:00 PM on the last day of each contest period provided, however, postal entries must be postmarked on the final date of the Contest period.
CONTEST DRAWING; ODDS OF WINNING: Approximately thirty (30) days after the end of a Contest period, at [Indiana LASIK Centers, 2510 E. Dupont Road, Suite 124, Fort Wayne, Indiana 46825. ILC will randomly select from the pool of eligible Participants one potential winner (each a “Potential Winner”) for the Contest period. The odds of winning Contest and/or prize will depend upon the number of Contest Participants in the applicable Contest period. Should the Contest ever be terminated prior to the drawing, ILC will notify the potential participants and will make alternate arrangements to award the prizes.
PRIZE: ILC will determine in its sole discretion whether the Potential Winner is medically a good candidate for the prize, which is complimentary LASIK eye surgery for both eyes at [2501 E. Dupont Road, Suite 124, Fort Wayne, IN 46814 or 611 East Douglas Road, Suite 102, Mishawaka, IN 46545]. If the Potential Winner is determined to be a good candidate for the procedure, the Potential Winner will be declared the final winner (the “Winner”). If the Potential Winner is not a good candidate for one of the procedures, ILC will select an alternate Potential Winner. The total estimated retail value of each prize is $4200 assuming that surgery is performed on both eyes. The prize includes the LASIK consultation, evaluation, procedure. The prize does not include any post-operative medications that may be necessary or advisable following the LASIK procedure or any medical care, treatment, or procedures not described above, including, but not limited to, that resulting from complications arising during or as a result of undergoing eye surgery or medical issues, preexisting or otherwise, unrelated to eye surgery. Travel and accommodations to and from [2501 E. Dupont Road, Suite 124, Fort Wayne, IN 46814 or 611 East Douglas Road, Suite 102, Mishawaka, IN 46545], as applicable, are the sole responsibility of the Potential Winner and Winner. All details and other restrictions of the prize(s) not specified in these Rules will be determined by ILC in its sole discretion.
Each Participant acknowledges that acceptance and use of any prize is subject to all eligibility criteria. If a Winner does not comply with all applicable terms and conditions, or if a Winner does not have access to one of the ILC locations specified below, such Winner may not be able to obtain the maximum value, or any value, from his or her prize. No transfer, assignment or substitution of the prize by Winner is permitted. ILC reserves the right to substitute for any prize one or more items or services of equal or greater value. Any difference between the actual value and the approximate retail value of any prize will not be awarded. No substitution, exchange or cash equivalent will be made. Prize must be accepted as offered.
If a winner is unable to be notified for any reason for any amount of time, the applicable prize may be forfeited and awarded to an alternate winner.
TAXES: The value of each prize may be taxable to each Winner as income. Each Winner is solely responsible for determining and paying all federal, state and local taxes (including any income and withholding taxes) and the reporting consequences thereof. Any person winning over $600 in prizes during any one year period will receive an IRS Form 1099 at the end of the calendar year, and a copy of such form will be filed with the IRS.
HOW TO CLAIM PRIZE:
Claiming the Prize: Within five (5) working days of the random selection of a Potential Winner, such Potential Winner will be notified by email (a “Prize Notification”) send to the e-mail address indicated by the Potential Winner in the winning entry. ILC shall have no liability for any Prize Notification that is lost, intercepted, or not received by the potential winner for any reason. The Potential Winner must claim their prize within thirty (30) days of the Prize Notification at one of the following ILC offices: 2501 E. Dupont Road, Suite 124, Fort Wayne, IN 46814 or 611 East Douglas Road, Suite 102, Mishawaka, IN 46545. The prize may be claimed any time between the hours of 9:00 a.m.-5:00 p.m. (Eastern Standard Time) Monday-Friday, excluding holidays. LASIK eye surgery is a medical procedure and like any surgery involves certain risks. If you are the Potential Winner, ILC will discuss these risks with you to help you determine whether LASIK eye surgery is right for you. In addition, ILC may determine, in its sole and absolute discretion, that you are not medically eligible for the prize. The Winner must undergo the initial eye surgery within one (1) year of the Prize Notification.
If the Potential Winner does not [participate in an in-person consultation] within thirty (30) days of the Prize Notification, or if the Potential Winner or Winner fails to comply with any of the verification or release requirements identified below within ten (10) days of request, is found to be ineligible, has not complied with these Rules, declines any prize(s) for any reason, or does not undergo the initial eye surgery within one (1) year of the Prize Notification, such Potential Winner or Winner will be disqualified and forfeit his or her prize, and an alternate Potential Winner may be selected by ILC from the pool of remaining entrants.
Prerequisites to Prize Award: Prior to being awarded a prize, each Winner is required to provide (1) a valid government-issued photo identification depicting proof of age, (2) a valid taxpayer identification number or social security number, and (3) verification of address. The social security number and address will be used for tax-reporting purposes. ILC reserves the right to deny awarding the prize if the winner fails to provide satisfactory identification, as determined in ILC’s sole discretion. Winner may be required to execute and return, where legally permissible, an “Affidavit of Eligibility/Release of Liability”, a completed IRS W-9 and a publicity release before any prize is awarded. By entering a Contest, Participant agrees to execute these documents if selected as a winner in order to receive their prize. Except where prohibited by law, failure to execute and return any of these documents or comply with any of these terms will result in forfeiture of the prize.
Prize Forfeiture: Unless otherwise stated, winners shall have thirty (30) days from the date of Prize Notification to claim their prize. Failure to successfully claim prize within this time for any reason will result in forfeiture of the prize. ILC reserves the right, in its sole discretion, to award unclaimed prizes to alternate contestants or not to award the unclaimed prizes.
Additional Costs: Any fees and costs relating to the prizes and any liabilities incurred in connection with any prize are the sole responsibility of the winner.
USE OF PERSONAL DATA; PUBLICITY RELEASE: All personal information collected by ILC (including without limitation, a Participant’s name, biographical data, and city and state of residence) may be used for the administration of the Contest and, except as stated in these Official Rules, in accordance with ILC’s Privacy Policy and the other Policies. Please refer to the Policies for important information regarding the collection, use, and disclosure of personal information by ILC. Unless prohibited by applicable law, Participant authorizes and irrevocably grants to ILC and the other Released Parties (as defined above) permission to, from time to time, reference and discuss Participant, their name, city and state of residence, and their participation in the Contest in publications and/or on their website(s) in photographs, video recordings, digital images, audio recordings, as well as in newsletters, news releases, other printed materials, and in materials made available on the Internet or in other media now known or hereafter developed, throughout the world, in perpetuity, for any purpose ILC and/or the Released Parties deem proper without additional compensation or consideration, notification or permission.
DISQUALIFICATION: All participants agree to be bound by these Rules. Non-compliance with any of these Rules will result in disqualification and all privileges as a Participant will be immediately terminated. ILC, in its sole discretion, further reserves the right to disqualify any person for: (i) tampering with the entry process or the operation of the Contest; (ii) gaining an unfair advantage in participating in the Contest; (iii) obtaining winner status using false, fraudulent or deceptive means; or (iv) engaging in otherwise unsportsmanlike, disruptive, annoying, harassing, or threatening behavior.
CAUTION: ANY ATTEMPT BY ANY PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY CIRCUMVENT, DISRUPT OR DAMAGE ORDINARY AND NORMAL OPERATION OF ANY CONTEST, TELEPHONE SYSTEMS OR WEBSITE, OR UNDERMINE THE LEGITIMATE OPERATION OF ANY CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, ILC RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
SEVERABILITY: The invalidity or unenforceability of any provision of these 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 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.
NO WAIVER: ILC’s failure to enforce any term of these Rules shall not constitute a waiver of that provision.
RULE CHANGES AND INTERPRETATIONS: ILC reserves the right in its sole discretion to supplement or make changes to these Rules as well as the rules at any time without notice. ILC reserves the right in its sole discretion to interpret the rules of any Contest, and such interpretation shall be binding upon all Participants.
PLEASE READ THE PROVISIONS OF THIS SECTION CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. BY AGREEING TO ARBITRATION, YOU ARE HEREBY WAIVING THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY TRIAL. IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR, OR A PANEL OF ARBITRATORS, INSTEAD OF A JUDGE OR JURY. YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, BUT YOU CHOOSE (BY YOUR ACCEPTANCE OF THE RULES AND/OR YOUR PARTICIPATION IN THE CONTEST) TO HAVE ANY DISPUTES RESOLVED THROUGH ARBITRATION.
In order to expedite and control the cost of disputes, you agree that any legal or equitable claim, dispute, action or proceeding relating to the Contest (a “Claim”), will be resolved as follows. For purposes of this provision, each of you and ILC is referred to as a “party” and together you and ILC are referred to as the “parties.”
Informal Claim Resolution: To initiate an informal resolution to a Claim, you must send a notice (a “Notice”) by first class United States mail to ILC at:
Indiana LASIK Centers
2510 E. Dupont Road, Suite 124
Fort Wayne, IN 46825
Any Notice must include your full legal name and a valid return address for you in order to be effective. Neither party may start a formal proceeding (except for Claims described in the section entitled “Small Claims” below) for at least sixty (60) days after a party notifies the other of a Claim in writing. If ILC initiates a Claim, ILC will send a notice to the email address on file for you.
Formal Resolution: If the parties are unable to resolve a Claim informally, including any dispute as to the validity or applicability of this arbitration clause, then such Claim shall be resolved, upon election by either party, exclusively and finally by binding arbitration.
The party initiating arbitration must follow the provisions set forth in this section of the Rules and the rules and procedures of the American Arbitration Association (“AAA”) in effect at the time the Claim is filed, except to the extent such rules and procedures may be modified by this section of the Rules. The parties agree that the arbitration shall be administered by AAA. This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”), and not by any state law concerning arbitration.
Cost Sharing: Whoever files the arbitration pays the initial filing fee. If there is a hearing, all fees will be allocated as provided by the rules of the arbitration firm and Applicable Laws. In no event will either party be required to reimburse the other party for any arbitration filing, administrative, or hearing fees in an amount greater than what its court costs would have been if the Claim had been resolved in a state court with jurisdiction as determined by an independent consultant. Each party will bear the expense of its own attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from the other party if the arbitrator, applying applicable law, so determines.
Class Actions and Severability: If either party elects to resolve a claim by arbitration, that Claim shall be arbitrated on an individual basis. There shall be no right or authority for any claims to be arbitrated on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other entrants, or other persons or entities similarly situated. No Claim submitted to arbitration is heard by a jury or may be brought as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any Claim submitted to arbitration (“Class Action Waiver”). The parties to the Rules acknowledge that the Class Action Waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from the Rules provision to arbitrate Claims. “Claim” does not include any challenge to the validity and effect of the Class Action Waiver, which must be decided by a court. The parties acknowledge and agree that under no circumstances will a class action be arbitrated. If any portion of this arbitration agreement or the Class Action Waiver is limited, voided or cannot be enforced, then the parties’ agreement to arbitrate (except for this sentence) shall be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the Class Action Waiver, that portion will be severed, and the rest of the arbitration agreement will continue to apply. If this entire agreement to arbitrate shall be null and void, then the parties agree that any Actions shall be commenced and heard in the appropriate court in Fort Wayne, Indiana. You agree to submit to the personal and exclusive jurisdiction of the courts located within Fort Wayne, Indiana.
Binding Effect; Governing Law: In the arbitration proceeding, the arbitrator must follow applicable law, and any award may be challenged, as set forth in the FAA. Any court with jurisdiction may enter judgment upon the arbitrator’s award. The arbitrator’s decision is final and binding on all parties and may be enforced in any federal or state court with jurisdiction. The Rules, Contest and the relationship between you and ILC shall be governed by the laws of the United States and the State of Indiana, without regard to its conflict of law provisions.
Exception: Prior to the appointment of an arbitrator, nothing herein shall prevent a party from seeking temporary injunctive relief in any court of competent jurisdiction, without waiving the right to arbitration. In no event will any Participant be entitled to injunctive relief or equitable relief of any kind, or restrain the continuation of any Contest.
YOU AGREE THAT REGARDLESS OF ANY LAW OR REGULATION TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE RULES OR THE CONTEST (INCLUDING ANY PRIZE) MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
RULES/LIST OF WINNERS: For questions about the Contest, please contact Indiana LASIK Centers at ssweet@indianaLASIKcenters.com or 260.497.8000. Copies of these Rules may be obtained by sending a self-addressed stamped envelope to: Indiana LASIK Centers, 2510 E. Dupont Road, Suite 124, Fort Wayne, IN 46825. These Rules may also be found at www.indianalasikcenters.com. For a list of any Contest winners send a self-addressed, stamped envelope to the above address.