Last modified: December 7th, 2023
SAVANNAH GRITS GIVEAWAY
OFFICIAL RULES
1. NO PURCHASE NECESSARY TO ENTER OR WIN. By entering the promotion, each entrant agrees to abide by these Official Rules. By entering the
promotion, the entrant represents and warrants that it has affirmatively review, accepted and agreed to all of these terms.
2. HOW TO ENTER: The promotion begins on December 7th, 2023 at 5 PM ET will
continue through January 9th, 2024 at 4 PM ET. During this time, individuals may enter the
promotion by logging on to https://www.dentalnachos.com/savannah-grits-giveaway-2024 and follow the on-screen entry instructions. Entrants must fill in all required information. Use of any robotic, automatic, programmed, or similar entry method or entering more than the number of times
permitted will void all entries and result in disqualification. You may not enter more times than
indicated by using multiple email addresses, identities, or devices in an attempt to circumvent the rules.
3. SPONSOR: The Sponsor is Rocket Dental Conferences ("Sponsor or specific name").
The organization conducting the promotion on behalf of the sponsor is Dental Nachos
("Administrator or specific name"). Each and all of these parties, their affiliates, subsidiaries, and agencies are referred to in these Official Rules
as the "Promotion Parties."
4. ELIGIBILITY: The promotion is open to residents of the 50 United States and D.C.,
18years of age and older as of December 7th, 2023 and be a dental practice owner. The promotion is not open to employees of the Promotion Parties and members of their immediate family or persons living in the same household. Void where prohibited.
5. DRAWING: A random drawing will be conducted on or about January 9th, 2024 by Administrator
to select the winner[s] from among all eligible entries received. Odds of winning depend on the number
of entries received. Potential winner[s] will be notified by phone and must sign and return any required
information to Rocket Dental Conferences + Dental Nachos within two days of the date notice is sent, or such
other date set by Sponsor. Failure to respond within the applicable time period
will result in forfeiture of prize and Sponsor shall have the option to award the prize to an alternate
winner. The return of any prize notification or prize as undeliverable may result in disqualification and
an alternate winner may be selected. All income taxes resulting from acceptance of prize are the
responsibility of winner. By entering this sweepstakes, entrant accepts and agrees to these Official Rules
and the decisions of the Administrator, which shall be final in all matters.
Acceptance of a prize also constitutes permission to the Promotion Parties to use winner's name and
likeness for marketing purposes without further compensation or
right of approval, unless prohibited by law. All federal and state laws apply.
The entrant hereby grants the irrevocable, perpetual, royalty-free, transferable right and license to copy,
distribute, display, and otherwise use the entry (in whole, in part, and create derivative works thereto)
throughout the universe, in perpetuity, for all purposes, in any and all media, whether now known or
hereafter devised, including without limitation, in all publicity, news, advertising, promotional purposes,
trade, and so forth, without any further notice, review, consent, compensation or remuneration. The
entrant also agrees to indemnify, defend and hold harmless the Promotion Parties for any claims arising
out of any infringement of third-party rights.
By submitting an entry, the entrant acknowledges and agrees that the Promotion Parties may obtain
many submissions that may be similar or identical in theme, idea, format or other respects to and the
entrant waives any and all claims contestant may have had, may have, and/or may have in the future,
that any composition, design, video and/or other works accepted, reviewed and/or used by the
Promotion Parties may be similar to the entrant’s entry. The Promotion Parties do not have now, nor
shall any of them have in the future, any duty or liability, direct or indirect, vicarious, contributory, or
otherwise, with respect to the infringement or protection of any copyright in and to the entrant’s entry.
6. PRIZE[S]: A FREE Tickets to the Savannah Grits Event run by Rocket Dental Conferences on February 8th-10th, 2024
in Savannah, Georgia. Four separate winners will each be given one ticket to the event as their prize. Estimated retail value of each prize: $1,088.00. [Prize consists of only those items specifically listed as part of the prize.] Limit one prize per family or household. No substitution or
transfer of prize permitted by winner. Sponsor reserves the right to substitute a prize of equal or greater
value. All prizes will be awarded. Prizes are non-transferrable.
7. DISQUALIFICATION: Promotion Parties may disqualify anyone who violates these Official
Rules. If a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from
among all remaining eligible entries. Only three (3) alternate drawings will be held, after which the prize
will remain un-awarded. Promotion Parties retain the right to seek damages to the fullest extent
permitted by law in cases where an entrant has caused deliberate damage or undermined the legal
operation of the promotion or for another lawful reason.
8. LIMITATION OF LIABILITY: By entering this sweepstakes/contest, entrants waive all right
to, and hold the Promotion Parties harmless from, any claim, liability, loss, damage (including punitive,
incidental, and consequential damages), or expense (including attorneys' fees) arising out of or in
connection with participation in this sweepstakes or the acceptance, use, or misuse of any prize
(including without limitation any all claims liability, illness, injury, death, loss, that occurs directly or
indirectly from participation in the contest or use or misuse of the awarded prize). SOME JURISDICTIONS
DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. Promotion Parties will not be responsible for: late,
incomplete, or incorrect entries; an entrant's failure to receive prize notices due to entrant's spam, junk
e-mail, or other security settings or for entrants'; provision of incorrect or otherwise non-functioning
contact information; technical, hardware, or software malfunctions, lost or unavailable network
connections, or failed, incorrect, inaccurate, incomplete, garbled, or delayed electronic communications
whether caused by the sender or by any of the equipment or programming associated with or used in
this sweepstakes; by any human error which may occur in the processing of the entries in this
sweepstakes; or any typographical, technological, or other error in the publishing of the offer,
administration of the sweepstakes, or announcement of the prize[s].
9. CANCELLATION, SUSPENSION. Promotion Parties reserve the right to modify, suspend,
cancel or terminate in the event that non-authorized human intervention, a bug or virus, fraud, or other
causes beyond control that impact or corrupt the security, fairness, proper conduct, or administration of
the contest/giveaway. In the promotion of termination, winners will be selected from among all eligible
entries received as of date of termination. In the promotion a dispute arises as to the identity of a
potentially winning entrant, entries will be declared made by the name on the online entry form.
10. DISPUTES, CHOICE OF LAW AND FORUM: Entrant agrees that, as a condition of
participating in the promotions, that for all disputes not resolved between the entrant and the
Promotion Parties, and for all matters arising out of or relating to this sweepstakes and these Official
Rules are governed by, and construed in accordance with, the laws of Pennsylvania, without giving effect to
any of its conflict of laws provisions thereof. Entrant further agrees that any legal suit, action, or
proceeding arising out of or relating to this sweepstakes and these Official Rules shall be brought
exclusively in the applicable federal or state courts located in Philadelphia, Pennsylvania and that no form of class
action may be brought.
11. PRIVACY: By entering in this promotion, entrants agree to Promotion Parties’ use of
their personal information for a variety of reasons, including for marketing purposes. The entry is
subject to the Privacy Policy stated on https://www.dentalnachos.com/savannah-grits-giveaway-2024. To read the Privacy Policy, click here.
12. WINNERS LIST: For the names of all prize winners, available
after January 29th, 2024, send a self-addressed, stamped envelope to: 1500 Walnut Street, Philadelphia, PA 19102.
13. SOCIAL MEDIA PLATFORM RULES:
The Sweepstakes hosted by Dental Nachos is in no way sponsored, endorsed, administered by, or associated with Facebook. participants to (a) fully release and hold Meta harmless from liability, and (b) acknowledge that the promotion is in no way sponsored, endorsed, administered by, or associated with Meta. Your promotion must not require or incentivize participants to share, repost, tag others, or in any other way publicize your promotion.
IX. AGREEMENT WITH PRIZE SUPPLIER OR SPONSOR
Entering into an agreement with the prize supplier or promotion sponsor will provide Dental
Nachos extra protection to 1) lawfully use the brands of the suppliers in sweepstakes advertising, and
2) prevent Dental Nachos from being liable for any issues that may arise with the actual products being
given away.
INSERT AGREEMENT
PRIZE SUPPLIER AGREEMENT (if applicable)
THIS PRIZE SUPPLIER AGREEMENT ("Agreement") is made as of [DATE] (the "Effective Date") by and
between [COMPANY NAME] ("Company"), having a place of business at [ADDRESS], and [PRIZE
SUPPLIER NAME] ("Supplier"), having a place of business at [ADDRESS].
WHEREAS, Company [manufacturers/offers] [BRIEF DESCRIPTION OF COMPANY'S BUSINESS] and
Supplier [manufacturers/offers] [BROAD DESCRIPTION OF SUPPLIER'S PRIZE CATEGORY]; and
WHEREAS, Company and Supplier desire to enter into a prize supplier agreement with respect to
a promotion to be conducted by Company.
NOW THEREFORE, in consideration of the mutual convents and promises hereinafter set forth,
the parties agree as follows:
1. Prize Description. Supplier will provide [GENERAL DESCRIPTION OF PRIZE], as more fully
described in Exhibit A (the "Prize(s)"), to Company in conjunction with Company's promotional
[contest/sweepstakes/game] entitled, [PROMOTION NAME] (the "Promotion") as outlined in Exhibit A.
14. Term. The term of this Agreement (the "Term") commences on the Effective Date and
ends on [END DATE].
15. Territory. The territory is [[SPECIFIC STATES]/the United States [, including its territories,
possessions, and commonwealths]] ("Territory").
16. Use of Marks. During the Term, Supplier grants to Company the non-exclusive, non-
transferable right and license to utilize all Prizes, their visual images, and their related logos, trade
names, service marks, trademarks, trade dress, copyrights, and other identifying marks provided by
Supplier in Exhibit A ("Marks") in any promotional materials, packaging, and advertising in any media
(print, broadcast, digital, mobile, or otherwise) ("Materials") throughout the Territory in connection
with the Promotion, with the understanding that any internet or mobile use could reach a worldwide
audience. Supplier acknowledges and agrees that it will not use the name of the Promotion or any
trademark, service mark, logo, name, likeness, or any derivative thereof, or any other intellectual
property belonging to Company [or its other prize partners], or of any of [its/their] affiliates, without the
express written consent of Company or the party to whom the property or right belongs.
18. Approval. Supplier will have the right to approve the use and placement of the Marks in
the context of any advertisement prior to Company's use, which approval will not be unreasonably
withheld or delayed. Supplier will have [three/ [OTHER NUMBER]] business days to conduct such review
of a proposed use of the Marks, and if Supplier does not respond within such time, the proposed use of
the Marks will be deemed approved. Supplier agrees that once a specific use of the Marks has been
approved by Supplier, such use may be incorporated into other Materials without seeking another
approval. [Further, Supplier acknowledges and agrees that the Prizes and Marks may appear in
photographs or other artwork with models chosen and approved by Company.] Company should send
all trademark approval requests to [SUPPLIER'S EMPLOYEE NAME/EMPLOYEE TITLE] at [the address first
written above/ [OTHER ADDRESS]].
19. Price. [Company shall purchase the Prizes from Supplier at the prices set forth on Exhibit
A attached hereto ("Price(s)"). [Company shall also provide Supplier with the advertising exposure
described in Exhibit A.] All Prices include, and Supplier is solely responsible for, all costs and expenses
relating to packing, transporting, loading and unloading, customs, taxes, tariffs, and duties, insurance
and any other similar financial obligations relating to the production, manufacture, sale, redemption,
and delivery of the Prizes. Supplier is responsible for all the foregoing costs and expenses whether it
delivers the prizes to the Company or its agency, or directly to the Promotion';s prize winners ("Prize
Winner(s)").
OR
In exchange for the Prizes, Company shall provide Supplier with the advertising
exposure described in Exhibit A ("Price"). The Price includes, and Supplier is solely responsible for, all
costs and expenses relating to packing, transporting, loading and unloading, customs, taxes, tariffs, and
duties, insurance and any other similar financial obligations relating to the production, manufacture,
sale, redemption, and delivery of the Prizes. Supplier is responsible for all the foregoing costs and
expenses whether it delivers the prizes to the Company or its agency, or directly to the Promotion';s
prize winners ("Prize Winner(s)"]
20. Payment. In the event any payments are due to either party pursuant to this
Agreement, then the party seeking payment shall issue a written invoice to the other party. Such invoice
must be accompanied by substantiating documentation regarding the items to be reimbursed. The
recipient of the invoice shall pay all undisputed amounts due on [the latter to occur of] [(a)] [45/ [OTHER
NUMBER]] days after the receipt of the invoice [or (b) [45/ [OTHER NUMBER]] days after satisfactory
completion of the items in which the party seeks reimbursement].
21. Delivery Procedure. [Supplier shall deliver, at Supplier's sole cost, expense, and risk of
loss, each Prize to each Prize Winner. Supplier is responsible for all shipping, taxes, and duties. Company
shall send the Prize Winner names and contact information to Supplier on a periodic basis as Prizes are
awarded. Supplier shall, within [NUMBER] days after receiving a Prize Winner's contact information,
contact the Prize Winner and arrange the delivery of the Prize to the Prize Winner. Supplier shall deliver,
within [NUMBER] days after receiving a Prize Winner's contact information, the Prize to the Prize
Winner. Supplier shall give, within [NUMBER] days of the delivery of each Prize to a Prize Winner,
Company written confirmation that the Prize has been delivered.
OR
Supplier shall deliver, at Supplier's sole cost, expense, and risk of loss, the Prizes to
Company, or its designated agency, by [DATE]. Supplier is responsible for all shipping, taxes, and duties.]
22. Prize Verification. Supplier shall, upon Company's request, review the official rules of
the Promotion (the "Official Rules") and confirm the accuracy of the description of the Prizes. Supplier
represents and warrants that the descriptions and the Approximate Retail Values ("ARV") of the Prizes
set forth in Exhibit A are complete and accurate.
23. Taxes. Supplier shall provide, upon Company's request, all available information that
Company may reasonably require to fulfill its obligations under any national, state, provincial, or local
tax statute, regulation, or rule. Supplier acknowledges that Company will rely upon such information,
including Supplier's ARV representations, to prepare all relevant tax materials, if any, including the
Internal Revenue Service Form 1099.
24. Prize Winner Complaints. In the event that a Prize Winner lodges a complaint or inquiry
with Supplier regarding the Prize received, or the conduct of Supplier or of Supplier's personnel, Supplier
shall address the problem and respond to the individual in as prompt and courteous a manner as it
addresses such complaints from its own customers. Supplier shall inform Company of any such
complaint within [NUMBER] days of receipt of such complaint. If Supplier is unable to satisfy the
complaining party, or if such party persists in their complaint, or makes an inquiry to which Supplier is
unable to respond, Supplier shall promptly notify Company of the situation, and Company shall use
commercially reasonable efforts to act as a liaison between Supplier and Prize Winner. Nothing in this
provision derogates from Supplier's obligation to indemnify Company under Section 16. Supplier shall
not be responsible for dealing with customer complaints or inquiries concerning the conduct of the
overall Promotion, except to the extent the complaints or inquiries are related to Supplier';s obligations
hereunder. Supplier shall notify Company of any complaint or inquiry relating to the conduct of the
overall Promotion or relating to Company within [NUMBER] [days/hours] of receipt of such complaint.
25. Compliance with Law. Supplier and its Prizes are in compliance with and shall comply
with all applicable laws, regulations, ordinances, industry standards, and guidelines. Until the later of
[NUMBER] months after expiration of the redemption period for all Prizes (as stated in the Official Rules)
or until all of Supplier's obligations have been satisfied, Supplier has and shall maintain in effect all the
licenses, permissions, authorizations, consents, and permits that it needs to carry out its obligations
under this Agreement. Company agrees to conduct the Promotion in compliance with all applicable
laws, regulations, and ordinances.
26. Confidentiality. Supplier and its affiliates, subsidiaries, successors, and assigns and their
respective employees, agents, attorneys, and representatives shall maintain as confidential, and shall
not use for their own purposes, or disclose or cause to be disclosed to any person or entity other than
Company all non-public, confidential, or proprietary information of Company, including any proprietary
information regarding the Promotion or any other marketing or general business information, data
(including the names, addresses, and other personally-identifiable information of the Prize Winners),
documents, research, or procedures to which Supplier may gain access in the course of its performance
under this Agreement. Supplier shall not use Prize Winner names and other personally identifiable
information other than to fulfill its obligations under this Agreement [and shall comply with Company's
consumer data policy set out in Exhibit [LETTER]]. Upon Company's request, Supplier shall promptly
return all documents and other materials received from Company. Company shall be entitled to
injunctive relief for any violation of this Section. This Section shall not apply to information that is: (a) in
the public domain; (b) known to Supplier at the time of disclosure; or (c) rightfully obtained by Supplier
on a non-confidential basis from a third party.
27. Representations and Warranties; Covenants; and Product Warranties.
(a) Supplier and Company each represent and warrant that they possess the full
right, and corporate power and authority to enter into and fully perform its obligations as set
forth herein.
(b) Supplier further represents and warrants that: (i) the Prizes will be free and
clear of all liens, security interests, or other encumbrances; (ii) the Prizes conform to applicable
specifications[, drawings, designs, samples] and other requirements specified by Company or
described by Supplier in Exhibit A; (iii) the Marks, Company's intended usage of the Marks, and
the Prizes do not and will not violate, infringe, or misappropriate any third party's copyright,
patent, trademark or other intellectual property or proprietary rights[; and] [(iv) the Prizes will
be fit for their intended purpose, operate as intended, be free of design and manufacturing
defects, and be merchantable;] [and] [(v) the Prizes (if applicable) will operate properly [and be
compatible with the electrical current in the Territory]].
(c) Supplier shall perform its obligations in a timely manner, understanding that
time is of the essence in fulfilling such obligations.
28. Indemnification.
(a) Supplier shall, at its expense, defend, indemnify, and hold harmless Company
[and Company's [parent company,] [their/its] subsidiaries, affiliates, successors, and assigns and
[its/their] respective directors, officers, shareholders, and employees] and Prize Winners
(collectively, "Company Indemnitees") against any and all loss, injury, death, damage, liability,
claim, deficiency, action, judgment, interest, award, penalty, fine, cost, or expense, including
reasonable attorney and professional fees and costs, incurred by Company Indemnitees relating
to any claim by a third party [or Company] arising out of or alleged to arise out of or occurring in
connection with: (i) the use, redemption, or delivery of the Prizes (including, without limitation,
any action or proceeding concerning personal injury or property damage); (ii) the use of the
Marks in connection with the Promotion as provided herein; (iii) Supplier's negligence, willful
misconduct, or breach or alleged breach of this Agreement; and (iv) any claim that Company';s or
Company Indemnitees'; use or possession of the Prizes infringes or misappropriates the patent,
trademark, copyright, trade secret, or other intellectual property right of any third party.
Supplier shall not enter into any settlement without Company's or Company Indemnitee's prior
written consent.
(b) [Company shall, at its expense, defend, indemnify, and hold harmless Supplier
[and Supplier's [parent company,] [their/its] subsidiaries, affiliates, successors and assigns and
[its/their] respective directors, officers, shareholders and employees] (collectively "Supplier
Indemnitees") against any and all loss, injury, death, damage, liability, claim, deficiency, action,
judgment, interest, award, penalty, fine, cost, or expense, including reasonable attorney and
professional fees and costs, incurred by Supplier Indemnitees relating to any claim by a third
party [or Supplier] arising out of or alleged to arise out of or occurring in connection with
Company's [conduct of the Promotion/negligence, willful misconduct, or breach or alleged
breach of this Agreement].]
29. Insurance. For a period of [TIME PERIOD] after the date of this Agreement, Supplier
shall, at its own expense, maintain and carry insurance in full force and effect that includes, but is not
limited to, commercial general liability (including product liability) with limits no less than $[AMOUNT]
for each occurrence and $[AMOUNT] in the aggregate [OTHER INSURANCE COVERAGES AND AMOUNTS]
with financially sound and reputable insurers. Upon Company's request, Supplier shall provide Company
with a certificate of insurance from Supplier's insurer evidencing the insurance coverage specified in this
Agreement. The certificate of insurance shall name Company as an additional insured. Supplier shall
provide Company with [NUMBER] days' advance written notice in the event of a cancellation or material
change in Supplier's insurance policy.
30. Notice. Each Party shall deliver all notices, requests, consents, claims, demands, waivers,
and other communications under this Agreement (each, a "Notice") in writing and addressed to the
other Party at the addresses set forth on the first page of this Agreement (or to such other address that
the receiving Party may designate from time to time in accordance with this section). Each Party shall
deliver all Notices by personal delivery, nationally recognized overnight courier (with all fees prepaid),
[facsimile or email (with confirmation of transmission),] or certified or registered mail (in each case,
return receipt requested, postage prepaid). Except as otherwise provided in this Agreement, a Notice is
effective only (a) upon receipt by the receiving party and (b) if the party giving the Notice has complied
with the requirements of this Section.
31. Limitation of Liability. Supplier acknowledges and agrees that: (a) money damages at
law are a fully adequate remedy to compensate Supplier for any breach or threatened breach of this
Agreement by Company; and (b) an action at law for money damages is Supplier's sole and exclusive
remedy hereunder. Supplier shall not have the right to seek equitable or injunctive relief to terminate
this commitment, or in any way enjoin, restrain, or interfere with the development, conduct, or
advertising of the Promotion, or to obtain any other equitable relief. IN NO EVENT SHALL COMPANY BE
LIABLE TO SUPPLIER HEREUNDER FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, OR PUNITIVE DAMAGES. IN NO EVENT SHALL COMPANY'S AGGREGATE LIABILITY RELATED
TO THIS AGREEMENT, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING
NEGLIGENCE) OR OTHERWISE, EXCEED THE GREATER OF $[AMOUNT] OR THE TOTAL ARV OF THE PRIZES.
32. Survival. Subject to the limitations and other provisions of this Agreement: (a) the
representations and warranties of the parties contained herein shall survive the expiration or earlier
termination of this Agreement; and (b) [SECTIONS] of this Agreement, as well as any other provision
that, in order to give proper effect to its intent, should survive such expiration or termination, shall
survive the expiration or earlier termination of this Agreement.
33. Assignment. Supplier shall not assign, transfer, delegate, or subcontract any of its rights
or obligations under this Agreement without the prior written consent of Company. Company may
assign, transfer, delegate, or subcontract any or all of its rights or obligations under this Agreement
without Supplier's prior written consent. Any purported assignment or delegation in violation of this
Section is null and void.
34. Entire Agreement/Governing Law. This document, including attachments and exhibits
hereto and any documents incorporated by reference herein, constitutes the entire agreement and
understanding between the parties regarding the subject matter hereof, and supersedes all prior
discussions and all oral and written agreements between them relating thereto. No waiver,
modification, or amendment to this Agreement shall be valid unless in writing, signed by the parties
hereto. No usage of trade or course of dealing between or among any persons having any interest in this
Agreement will be deemed effective to modify, amend, or discharge any part of this Agreement or any
rights or obligations of any party hereunder. No failure or delay by either party in exercising any right,
power, or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise
thereof preclude any other or further exercise thereof or the exercise of any right, power, or privilege.
This Agreement shall be governed by and construed in accordance with the substantive laws, but not
the laws of conflicts, of the State of Pennsylvania. [Any legal suit, action, or proceeding relating to
this Agreement shall be instituted in the federal courts of the United States of America or the courts of
the State of Pennsylvania in each case located in the City of Philadelphia and County of
Philadelphia, and each party irrevocably submits to the exclusive jurisdiction of such courts in
any such suit, action, or proceeding.] This Agreement may be signed in counterparts.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date set forth above.
[PARTY NAME]
By_________________
Name:
Title:
[PARTY NAME]
By_________________
Name:
Title: