Birthday Lottery Event Rules

 

NO PURCHASE NECESSARY TO ENTER OR WIN. NO PURCHASE OR PAYMENT OF ANY KIND WILL INCREASE YOUR CHANCES OF WINNING.

OPEN ONLY TO LEGAL RESIDENTS OF ALABAMA, CALIFORNIA, COLORADO, WASHINGTON D.C., FLORIDA, ILLINOIS, INDIANA, MASSACHUSETTS, MICHIGAN, MINNESOTA, MISSOURI, NEW YORK, OHIO, OREGON, PENNSYLVANIA, SOUTH CAROLINA, TENNESSEE, WASHINGTON, AND WISCONSIN, WHO ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AT THE TIME OF PLAY.  VOID WHERE PROHIBITED BY LAW OR REGULATION.

BY PARTICIPATING IN THE SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE PARTICIPATING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE PROMOTION ENTITIES (DEFINED BELOW) FROM YOU, MANDATORY ARBITRATION OF DISPUTES AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.

1. Eligibility. The “YOU COULD WIN A FREE PAIR” SCRATCH-OFF SWEEPSTAKES (“Sweepstakes”) is only open to legal residents of Alabama, California, Colorado, Washington D.C., Florida, Illinois, Indiana, Massachusetts, Michigan, Minnesota, Missouri, New York, Ohio, Oregon, Pennsylvania, South Carolina, Tennessee, Washington and Wisconsin (the “Territory”), who are eighteen (18) years of age or older at the time of play.  Employees, officers, and directors of SEE, Inc., 19800 W. Eight Mile Road, Southfield, MI 48075 USA (“Sponsor”), and agents, partners, promotion agencies, printers, prize suppliers, and each of their affiliated companies, subsidiaries, licensees, distributors, dealers, sales representatives and any and all other parties associated with the promotion agents (collectively, the “Promotion Entities”), and their immediate family members (mother, father, sister, brother, husband, wife, daughter, son, step-father, step-mother, step-daughter, step-son, step-brother, step-sister, half-brother, half-sister and as more fully defined by the IRS) and/or those living in same household of each are not eligible to participate in the Sweepstakes. Void outside of the Territory and where prohibited or restricted by law. Eligibility is subject to all federal, state, and local laws and regulations.  Entry in this Sweepstakes does not constitute entry into any other promotion, sweepstakes or contest.

By entering this Sweepstakes, each entrant represents and warrants that he or she meets these eligibility requirements and has read, accepts and will comply with these “Official Rules” and each entrant acknowledges that any violation thereof may disqualify entrant from the Sweepstakes.  By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor, including the interpretation of these Official Rules and its exercise of discretion, which will be final and binding in all respects.

2. How to Win. Beginning on July 18, 2024 through August 4, 2024 or while supplies last, whichever occurs first (the “Sweepstakes Period”), visit any SEE, Inc. location in the Territory and ask a sales associate for a scratch off ticket (“Ticket”). Every Ticket is a winner, so simply scratch off the silver colored boxes while at the SEE location to reveal the Prize won.  All Prizes must be claimed and/or used during the Sweepstakes Period. Prizes are only valid on SEE complete pairs (frame + lenses). 

3. Prizes and Odds. There is a total of Forty Two (42) Grand Prizes available to be won in the Sweepstakes, along with a total of Seventeen Thousand Nine Hundred Forty (14,958) Discounts available (each a “Prize” and collectively, the “Prizes”). These numbers are based on the maximum distribution of Fifteen Thousand (15,000) Tickets.  Each Ticket will include one of the following Prizes: 

 

Prize	Number of Prizes	Approx. Odds	ARV
Grand Prize:  Free pair of prescription lenses and frames, 26% off second pairs.	42	.3%	$550.00
26% off first pair, 26% off second pair in store purchase of prescription eyewear with $425 minimum purchase before tax	2250	15%	Varies with purchase
26% off first pair, 39% off second pair in store purchase of prescription eyewear with $425 minimum purchase before tax	8100	54%	Varies with purchase
26% off first pair, 52% off second pair in store purchase of prescription eyewear with $425 minimum purchase before tax	1500	10%	Varies with purchase
26% off first pair, 78% off second pair in store purchase of prescription eyewear with $425 minimum purchase before tax	459	3%	Varies with purchase
39% off first pair, 39% off second pair in store purchase of prescription eyewear with $425 minimum purchase before tax	1800	12%	Varies with purchase
52% off first pair, 52% off second pair in store purchase of prescription eyewear with $425 minimum purchase before tax	600	4%	Varies with purchase
52% off first pair, 78% off second pair in store purchase of prescription eyewear with $425 minimum purchase before tax	255	1.7%	Varies with purchase
Total:	15,000

 

Limit of one Ticket per person during the Sweepstakes Period.  Prizes are not transferable or redeemable for cash or store credit and must be accepted as awarded, with no substitutions of any kind, except by the Sponsor, which reserves the right to substitute the Prize with one of comparable or greater value, in its sole discretion.  Discount Prizes cannot be used online or in conjunction with any other coupons or offers, and excludes prior or in process orders.  All Prize details are at the Sponsor’s sole discretion.  If Sponsor determines at any time, in its sole discretion, that a winner is disqualified, ineligible or in violation of these Official Rules, Sponsor reserves the right to disqualify that winner.

Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any Prize furnished in connection with the Sweepstakes. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZE(S) ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.

Each winner will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the Prize, regardless of whether it, in whole or in part, is used. The approximate retail value of the discount Prizes depends and varies with purchase and may be reported for tax purposes as required by law.  An IRS Form 1099 may be issued in the name of each winner for the actual value of the Prize received. Any unclaimed Prize will be forfeited.

4. How to Claim a Prize. To claim a Prize you must present your Ticket in person during normal business hours at a participating SEE location.  Entrant is responsible for applicable sales and use tax. Tickets may not be exchanged for cash, sold, transferred or reproduced and must be relinquished at the time of redemption. All Prizes must be redeemed and/or used on or before August 4, 2024. 

5. Verification. All Tickets are subject to verification prior to the awarding of any Prize. Tickets are null and void and will be rejected if not obtained in accordance with these Official Rules, or if it is determined by Sponsor, whose decisions will be final in all matters relating to this Sweepstakes, to be illegible, reproduced, counterfeited, mutilated, altered, or tampered with in any way, or if any Ticket contains printing, production, typographical, mechanical, or other errors. Any person(s) attempting to tamper with or forge Tickets or any attempt to win by fraud in any manner may be prosecuted. Liability for a Ticket containing printing or other errors is limited to replacement with another Ticket, while supplies last. In the event of a printing or other error resulting in more winning Tickets than the number of Grand Prizes or Discounts as stated in these Official Rules, a random drawing will be held among those holding such Tickets to award the number of Grand Prizes or Discounts as stated in these Official Rules for that Grand Prize or Discount category. In no event will Sponsor be obligated to award more than the stated number of Prizes. All materials submitted become the property of the Sponsor and will not be returned.

6. Publicity Release. Subject to applicable law, each winner irrevocably grants the Promotion Entities and each of their licensees, and its and their successors, assigns and sub-licensees the right and permission to use his/her name, voice, likeness, and/or biographical material for advertising, promotional and/or publicity purposes in connection with the Sweepstakes, in all forms of media and by all manner (now and hereafter known), and on and in connection with related products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any obligation, notice or consideration except for the awarding of the Prize to such winner. Entrants agree not to issue any publicity concerning the Promotion Entities and entrant releases the Sweepstakes and/or Promotion Entities from all claims arising out of the use of the attributes described above.

7. Tampering with the Sweepstakes/Disqualification. The Promotion Entities are not responsible for the actions of entrants in connection with the Sweepstakes, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes. Persons found tampering with or abusing any aspect of this Sweepstakes, or whom Sponsor believes to be causing malfunction, error, disruption or damage may be disqualified. Additionally, any attempt to cheat the Sweepstakes, as determined at the sole and absolute discretion of Sponsor, may result in immediate disqualification of the entrant, as well as other possible consequences, including disqualification from any and all existing and future Sweepstakes(s). ANY ATTEMPT BY A PERSON TO DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right, at its sole and absolute discretion, to disqualify (or terminate the Prize of) any individual who is found to be, or suspected of, acting in violation of these Official Rules, or to be acting in an unsportsmanlike, obscene, immoral or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person.

8. Force Majeure.  Sponsor reserves the right to modify, extend, suspend, or terminate the Sweepstakes if it determines, in its sole discretion that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes as contemplated herein. In the event the Sweepstakes as contemplated herein cannot be conducted as planned for any reason whatsoever, Sponsor shall have the right, without notice, to modify, suspend, or terminate the Sweepstakes in whole or in part.  In the event of termination of the Sweepstakes prior to the stated end date, Sponsor will post notice regarding the termination on the Sponsor’s website and will award only those Prizes for which valid Prize claims were received prior to the date/time of termination.  

9. Waivers, Disclaimers and Releases. By participating in the Sweepstakes, entrants agree to release, discharge and hold harmless the Promotion Entities from and against any and all claims, liability, costs, losses, damages or injuries of any kind arising out of or related to entrants’ participation in the Sweepstakes and/or related to any Prize (including, without limitation, losses, damages or injuries to entrant’s or any other person’s equipment or other property, or to their persons, related to participation in the Sweepstakes; or arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property; or from any typographical, human or other error in the printing, offering, selection, operation or announcement of any Sweepstakes activity and/or Prize). Without limiting the generality of the foregoing, each entrant agrees that Promotion Entities: (i) have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the Sweepstakes and/or with respect to any Prize, including, without limitation, to any Prize’s quality or fitness for a particular purpose; (ii) maintain no control over the personnel, equipment or operation of any air, water or surface carrier, ship line, manufacturer or other person or entity furnishing services, products or accommodations (“Suppliers”) as a part of the Prize provided in connection with the Sweepstakes; and (iii) will not be responsible or liable for any injury, damage, loss, expense, accident, delay, inconvenience or other irregularity that may be caused or contributed to: (a) by the wrongful, negligent or unauthorized act or omission on the part of the Suppliers or any of their agents, servants, employees or independent contractors, (b) by any defect in or failure of any vehicle, equipment, instrumentality, service or product that is owned, operated, furnished or otherwise used by any of those Suppliers, (c) by the wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Promotion Entities, and (d) by any cause, condition or event whatsoever beyond the control of the Promotion Entities. Entrants agree that the Promotion Entities shall have no responsibility or liability for human error; incorrect or inaccurate information; any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, or Internet service provider utilized by Sponsor or entrant; interruption or inability to access the Website, any website or any Sponsor or affiliated entities’ respective websites, or any online service via the Internet due to hardware or software compatibility problems; any damage to participant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Sweepstakes; any lost/delayed data transmissions, omissions, interruptions, viruses, bugs, defects; and/or any other errors or malfunctions, even if caused by the negligence of the Promotion Entities. Each entrant further agrees to indemnify and hold harmless the Promotion Entities from and against any and all liability resulting or arising from the Sweepstakes and to release all rights to bring any claim, action or proceeding against the Promotion Entities and hereby acknowledges that the Promotion Entities have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to a Prize, including express warranties provided exclusively by a Supplier that may be sent along with a Prize. Sponsor is not responsible for the actions of entrants in connection with the Sweepstakes, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes. Entrants further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.

10. Entry Information and Sweepstakes Communications. As a condition of entering the Sweepstakes, each entrant gives consent for the Promotion Entities to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Sweepstakes and comply with applicable laws, regulations and rules. Any information entrants provide to Sponsor may be used to communicate with entrant in relation to this Sweepstakes or on a Sweepstakes winner’s list. Notwithstanding the fact that Sponsor’s Privacy Policy (See http://www.seeeyewear.com/pages/privacy-terms) permits Sponsor to use and share entrant’s information for marketing purposes, information collected from entrants in connection with this Sweepstakes will not be used and shared in such manner. The Promotion Entities are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s e-mail account to receive e-mail messages.

11. Governing Law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants or the Promotion Entities in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of Michigan, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws.

12. Limitation of Liability. BY ENTERING THE SWEEPSTAKES, ENTRANT REPRESENTS, WARRANTS AND AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED FIFTY DOLLARS ($50.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, OR WILL ANY OF THE PROMOTION ENTITIES BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS, LOST OPPORTUNITIES AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED FIFTY DOLLARS ($50.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT ANY OF THE PROMOTION ENTITIES HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGE; AND (4) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.

13. Dispute Resolution; Arbitration. The parties agree to settle all disputes (as defined and subject to any specific exceptions below) only by arbitration. In arbitration, there’s no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with some exceptions under the Federal Arbitration Act (“FAA”), and judgment on the award may be entered in any court with jurisdiction. The parties hereto each also agree as follows: If either of the parties wants to arbitrate a dispute, the parties agree to send written notice to the other providing a description of the dispute and the proposed resolution. Sponsor will send notice to you based on the contact information you have provided us and notice to us must be sent to: SEE, Inc., 19800 W. Eight Mile Road, Southfield, MI 48075. The parties agree to make attempts to resolve the dispute. If the parties cannot resolve the dispute within forty-five (45) days of receipt of the notice to arbitrate, then either party may submit the dispute to formal arbitration. The FAA applies to these Official Rules and arbitration provision. We each agree the FAA’s provisions, not state law, govern all questions of whether a dispute is subject to arbitration. The arbitration will be administered by the American Arbitration Association (“AAA”) under its consumer arbitration rules. If any AAA rule conflicts with these Official Rules, these Official Rules apply. You can obtain procedures, rules, and fee information from the AAA at 1-800-778-7879 or www.adr.org. In the event AAA is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, than either party can elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. (“JAMS”) or any other mutually agreeable arbitration administration service. The arbitration will be conducted by a single neutral arbitrator and will take place in Southfield, MI. The federal or state law that applies to these Official Rules will also apply during the arbitration. The parties each agree not to pursue arbitration on a class-wide basis. The parties each agree that any arbitration will be solely between you and us (not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate does not apply and the dispute must be brought in court. The prevailing party in the arbitration will be entitled to recover its costs and expenses, including reasonable attorneys’ fees and experts’ fees, which are incurred in connection with the arbitration; provided, however, if applicable law requires Sponsor to pay the arbitrator’s fee in order for the arbitration provision to be enforceable, Sponsor shall have the discretion to elect to pay such fees and proceed to arbitration. Either party may bring qualifying claims in small claims court. In no event shall any entrant seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the operation of this Sweepstakes (or any Website connected therewith), exploitation of any advertising or other materials issued in connection therewith, or exploitation of this Sweepstakes (or any Website or any content or other materials used or displayed on the Website used in connection with the Sweepstakes).

14. Official Rules Requests/List of Sweepstakes Winners. A copy of the Official Rules will be available at each SEE, Inc. location in the Territory and posted online at www.seeeyewear.com/pages/scratch-rules.  To obtain the name of each winner, send an e-mail request to getlucky@seeeyewear.com.   

15. Sponsor. The sponsor of this Sweepstakes is SEE, Inc., 19800 W. Eight Mile Road, Southfield, MI 48075.

16. Privacy. Information collected from entrants is subject to Sponsor’s Privacy Policy at http://www.seeeyewear.com/pages/privacy-terms.

17. Miscellaneous. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. When terms such as “may” are used in these Official Rules, Sponsor has sole and absolute discretion. Each entrant agrees to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials, privacy policy or terms of use on the Website and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion. Only the Prizes described in these Official Rules will be awarded. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor.