1.         PROMOTION OVERVIEW:  The 2015 Essilor Rich Rewards Promotion (the “Promotion”) is sponsored by Essilor of America, Inc. (the “Sponsor”). This is a trade promotion and is not open to the general public.  All Rewards (as defined in Rule 6, below) in this Promotion will be awarded to the winning eye care practice and not to an individual.

 

2.         ELIGIBILITY/TIERS/REGIONS:  The Promotion is only open to professional eye care practices that are located in the fifty (50) United States or District of Columbia and that are registered as an Authorized Participating Retailer in the Essilor Power of 3X rebate program (each an “Eligible Practice”). Void where prohibited. 

 

3.       REGISTRATION PERIOD/PROMOTION PERIOD:  Registration for the Promotion begins on or about 12:00:00 a.m. Central Time (“CT”) on May 12, 2015 and ends at 11:59:59 p.m. CT on June 30, 2015 (the “Registration Period”).  The measured performance period for the Promotion begins at 12:00:00 a.m. Central Time (“CT”) June 1, 2015 and ends at 11:59:59 p.m. CT on June 30, 2015 (the “Promotion Period”).

 

4.       REGISTRATION:  One Practice Principal (defined as an owner, officer or director) of the Eligible Practice (the “Registering Practice Principal”) must register the Eligible Practice in the Promotion by visiting www.richrewards.com (the “Promotion Website”) during the Registration Period (as defined in Rule 3, above) and completing the following steps: (i) click the Promotion registration button; (ii) complete and submit the Promotion registration form, which shall include designating one person (which could be the Registering Practice Principal or another employee authorized to represent the practice who will be the Sponsor’s contact person for the Eligible Practice with respect to the Promotion (the “Practice Administrator”), and (iii) check the box to confirm that the eligible Practice agrees to these Terms and Conditions.  Only registrations completed online at the Promotion Website will be accepted.  The online registration form must be completed in its entirety and the Registering Practice Principal must click “submit” during the Registration Period.  As long as an Eligible Practice completes its registration during the Registration Period and completes a W9 or any other required Rewards claim forms issued by Sponsor, it will be eligible to earn Rewards for Eligible Jobs (as defined in Rule 6, below) made during the entire Promotion Period that exceed the practice’s Baseline (as defined in Rule 6, below). By registering for the Promotion, the Registering Practice Principal agrees that he/she, the practice and/or the Practice Administrator may be contacted by Sponsor or its agents via telephone, email or facsimile using the information provided in the registration form for information and updates related to the Promotion.   Eligible Practices with more than one location must register each location as a separate Eligible Practice, and such locations shall be distinguished based on the address of the place of business (which must be different for each registered Eligible Practice).  An Eligible Practice may only be registered one time for this Promotion.  If subsequent registrations are received for the same Eligible Practice, they will be disregarded and only the first one will be honored.

 

5.       PARTICIPATION REQUIREMENT:  By entering the Promotion and/or accepting a prize, Eligible Practices, Registering Practice Principals, Practice Principals, and any participating practice employees, owners or representatives (collectively “Participants” and individually a “Participant”) warrant that they are eligible to participate under the applicable federal and state law governing procurement of prizes and awards.  Sponsor reserves the right to disqualify any Participant if Sponsor determines that such Participant’s participation in the Promotion or receipt or awarding of a Reward would violate state or federal laws or regulations. Federal anti-kickback law provides for criminal and or/civil liability for inducements related to any product for which payment may be made by a federal healthcare program or federally-funded state healthcare program, including Medicaid and Medicare (collectively, “Federally Funded Programs”). Some states have similar anti-kickback laws (“State Laws”). It is Sponsor’s policy to comply with all applicable laws; however, Sponsor has no way of knowing whether any specific transaction will be paid by a Federally Funded Program or otherwise covered by State Laws.  Accordingly, it is the sole responsibility of the Registering Practice Principal of the participating Eligible Practice to determine if a transaction is eligible for participation in this Promotion and to notify Sponsor of any Job that is ineligible for any reason, and to ensure that the Eligible Practice or Practice Principals do not accept any benefits under this Promotion that are prohibited by Federal or State law. ANY TRANSACTION FOR WHICH PAYMENT WILL BE MADE, IN WHOLE OR IN PART, BY ANY FEDERALLY FUNDED PROGRAM, OR WHICH IS OTHERWISE COVERED BY STATE LAWS, IS NOT ELIGIBLE FOR PARTICIPATION IN THIS PROMOTION. Each Participant who participates in this Promotion or accepts a Reward acknowledges his/her agreement with these Official Rules, which are final and binding in all respects. Sponsor disclaims any and all responsibility for a Participant’s decision to participate in this Promotion or accept a Reward.

 

6.       REWARDS:

 

a.       Baselines:  Sponsor will determine a baseline (the “Baseline”) for each Registered Eligible Practice that shall be that practice’s combined Jobs  (as defined in Rule 6.c., below) in June 2014 for the following products: Varilux® lenses, Essilor Transitions ® lenses, and Crizal® lenses (the “Baseline Products”).  Sponsor’s determination of a practice’s Baseline is not subject to appeal.

 

b.       Rewards:  During the Promotion Period, Sponsor will keep track of each Registered Eligible Practice’s Eligible Jobs (as defined in Rule 6.c., below) for Varilux® lenses, Essilor Transitions ® lenses, Crizal® lenses, and XPerio UV™ lenses (the “Eligible Products”), and once a Registered Eligible Practice reaches its Baseline, the Registered Eligible Practice will earn five dollars ($5.00) for each Eligible Job (as defined in Rule 6.c., below) that exceeds the practice’s Baseline to be awarded in the form of a Visa® gift card (the “Reward”)   

 

c.       Jobs and Eligible Jobs:  For purposes of this Promotion, a Job is defined as the purchase by the Registered Eligible Practice of any applicable product (which will be Baseline Products for purposes of determining the Baselines and will be Eligible Products for purposes of determining the Rewards, if any) from any Essilor Laboratories of America, Inc. laboratory (“ELOA”), all of which can be found at the Promotion Website (www.essilorrichrewards.com) (“Participating Labs”), and which can be found listed in Appendix A at the end of these Official Rules.  The date of the Job is the date when the order is shipped by the Participating Lab.  Orders that are placed but not yet shipped during the applicable measuring period do not qualify.

 

In order to be an “Eligible Job,” the Job (a) must be associated with the sale to a patient under one prescription (one prescription may not be broken into multiple prescriptions for the purposes of obtaining additional Rewards and the Job must not be for stock purposes), and (b) must not be for a patient whose reimbursement or payment comes from “ineligible payers,” which include, without limitation, Medicare, Medicaid, CHAMPUS, or other payers considered to be “designated health services” under 42 USC Section 1395n and regulations thereunder, or similar State statutes and regulations.

 

The Registering Practice Principal must notify Sponsor in writing of any Jobs that are ineligible within two weeks of such Job.   Such notifications must be emailed to richrewards@essilorusa.com with the subject line “Notice of Ineligible Job for Rich Rewards Promotion” and shall identify in the text of the email the Job (or Jobs) that is (are) ineligible.

 

d.       Notification/Verification:  The Registering Practice Principal from each of Eligible Practice that earns a Reward during the Promotion will be contacted via email within approximately two weeks following the end of the Promotion Period with details of the Reward amount earned (the “Reward Notification Email”).  If Sponsor does not have all required tax identification information for the Eligible Practice, the Reward Notification Email will include an attachment contain the form(s) (“Reward Claim Form(s)”) that the Eligible Practice must complete and return before any Reward will be awarded. The Reward Claim Form(s), if any, must be completed and returned to Sponsor within ten (10) business days of the send date on the Reward Notification Email.  The Reward will be mailed to the Eligible Practice at the address set forth in the registration, care of the Registering Practice Principal, within approximately four (4) weeks of receiving the Reward Claim Form(s) (if any were required), or within approximately four (4) weeks of the Reward Notification Email if no Reward Claim Form(s) are required. If a Reward Notification Email or Reward is returned as undeliverable, if a Reward Claim Form(s) is not received within the time frame required, or if an Eligible Practice is determined to be ineligible or not in compliance with the Terms of the Promotion, the Reward may be forfeited, as determined by Sponsor in its sole discretion.

 

7.       ADDITIONAL DETAILS:  All Rewards are being awarded by Sponsor to a practice, and any federal, state, and local taxes on the prizes are the sole responsibility of the winning practices who accept such prizes, regardless of who ultimately uses the prize.  If at any time a practice wins prizes, awards, incentives or rewards that individually or collectively exceed $600 (whether from this or a combination of this and other promotions offered by Sponsor), such practice may be required to complete a tax form provided by Sponsor before the Reward will be awarded.

 

8.       GENERAL CONDITIONS: Sponsor’s decisions are final and binding on all matters relating to this Promotion.  Rewards may not be transferred by a winning practice prior to awarding by Sponsor.  No cash substitutions are allowed.  In the event that the advertised Reward becomes unavailable, Sponsor reserves the right to substitute an alternative Reward of equal or greater value.  Unclaimed Rewards will not be awarded.

 

Where permitted by law, by entering the Promotion and/or accepting a Reward, each Registered Eligible Practice grants to Sponsor (which grant will be confirmed in writing on request of Sponsor) and those acting pursuant to Sponsor’s authority, the right to print, publish, broadcast and use, worldwide in any media now known or hereafter developed, including but not limited to the World Wide Web, at any time or times, such practice’s name for advertising, trade and promotional purposes without additional consideration, and without notice, review and approval, except where prohibited by law.

 

By entering the Promotion and/or accepting a Reward, each Participant agrees to indemnify, release and hold harmless the Sponsor, its advertising, fulfillment and promotions agencies, and each of their respective parent companies, subsidiaries, affiliates, and agencies, and each of their officers, directors, shareholders, employees, agents and representatives (collectively “Released Parties”) from any and all liability, costs, expenses, damages, rights, claims, actions, and losses (collectively “Losses”) of any kind incurred in connection with the Promotion, including without limitation for or from (a) the acceptance, possession, use or mis-use of any Reward, (and/or (b) claims relating to rights of publicity, rights of privacy or defamation.  The Released Parties are not responsible for (a) lost, late, incomplete, inaccurate, undelivered, garbled, or lost entries/orders/registrations; (b) interrupted or unavailable network, server, Internet Service Provider (ISP), website or other connections: (c) any other technical failures or difficulties; (d) other errors of any kind whether human, mechanical, electronic, network, typographical, printing or otherwise relating to or in connection with the Promotion or awarding of prizes; (e) any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Promotion; and/or (f) injury or damage to any participant's or to any other person's computer or network related to or resulting from participating in the Promotion.  CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE PROMOTION SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT OF THE LAW (AND TO DISQUALIFY SUCH PERSON (OR THE ELIGIBLE PRACTICE SUCH PERSON WORKS FOR) FROM THE PROMOTION, IF APPLICABLE).  By participating in this Promotion, Participants agree to abide by and be bound by these Official Rules, and understand that the results and decisions of Sponsor are final in all respects.  In the event of a discrepancy between these Official Rules and any advertising/collateral material, the terms of these Official Rules shall apply.  In the event of an error in the drafting of these Official Rules, Sponsor reserves the right to correct such error and for such correction to apply retroactively. Sponsor reserves the right, at its sole discretion, to disqualify any individual found to be in violation of the Official Rules.  Sponsor reserves the right to cancel the entire Promotion, part of the Promotion, or to modify the Promotion for any reason, including if fraud destroys the integrity of the Promotion or any portion thereof, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right, but not the obligation, to select the winners in a manner which is fair, equitable and in accordance with the spirit of these Official Rules, as determined by Sponsor in its sole discretion.  Notice of such action by Sponsor will be posted on the Promotion Website. 

9.       DISPUTE RESOLUTION/CHOICE OF LAW: Except where prohibited, Participants agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Promotion shall be resolved individually, without resort to any form of class action, and exclusively by an action in state or federal court located in the State of Texas; (b) 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 (c) under no circumstances will an participant be permitted to obtain awards for, and participants hereby waive all rights to claim, punitive, incidental and consequential damages and any other damages, other than for 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 rights and obligations of a participant in connection with this Promotion, shall be governed by, and construed in accordance with, the laws of the State of Texas, without regard to the conflicts of law doctrine of any jurisdiction.

 

10.     PRIVACY POLICY: Personally identifiable information collected online in connection with this Promotion is subject to the Privacy Policy on the Promotion Website.

11.     SPONSOR: This Promotion is sponsored by Essilor of America, Inc., 13555 North Stemmons Freeway, Dallas, TX 75234.

APPENDIX A

PARTICIPATING LABS