Terms and Conditions

2012 ELOA PracticeBuilder™ Program Terms and Conditions

  1. PROMOTION PERIOD:   The 2012 ELOA PracticeBuilder™ Program (“PracticeBuilder Program” or “Program”) is sponsored by Essilor Laboratories of America, Inc. (“Sponsor” or “ELOA”) and runs from 12:00:00 a.m. January 1, 2012 through 11:59:59 p.m. December 31, 2012 (the “Program Period”). The PracticeBuilder Program is subject to these Terms and Conditions.

  2. ELIGIBILTY:   The PracticeBuilder Program is open to professional eye care practices (“ECPs”) located in one of the fifty (50) United States and District of Columbia (“Eligible ECPs”). Enrollment and participation is for professional eye care practices only, and not for individuals. Void in Puerto Rico and where prohibited. Limit one enrollment per Eligible ECP. Eligible ECPs with more than one location (all under the same ownership and direction) must register each location separately, but may link all commonly owned practice locations for viewing on one page (but Jobs will be recorded separately by location).

    By participating in the Program and/or accepting a Rebate (as defined in Rule 5, below), Eligible ECPs warrant that they are eligible to participate under the applicable federal and state laws governing procurement of prizes and awards. Sponsor reserves the right to disqualify any Eligible Practice if Sponsor determines that such Eligible Practice’s participation in the Program or receipt or awarding of a Rebate 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 ECP to determine if a transaction is eligible for this Program and to notify Sponsor of any Job that is ineligible for any reason, and to ensure that the ECP does not accept any benefits under this Program 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 THS PROGRAM. Each Eligible ECP participating in this Program acknowledges its agreement with these Official Rules, which are final and binding in all respects. Sponsor disclaims any and all responsibility for an ECP’s decision to participate in this Program or to accept a Rebate in this Program.

  3. HOW TO ENROLL:   One Eligible ECP practice owner or office may enroll the Eligible ECP in the Program by visiting the Program website (http://www.ELOAPracticeBuilder.com) (the “Website”), clicking the 2012 PracticeBuilder Program Enrollment button, completing and submitting the 2012 PracticeBuilder Program enrollment form, and accepting the 2012 PracticeBuilder Program Terms & Conditions. Enrollment in the Program begins December 19, 2011 and ends December 31, 2012 (“Enrollment Period”). Only enrollments that are completed online at the Website will be accepted. Eligible ECPs must complete all information required on the registration form and click “submit” during the Enrollment Period to participate in the PracticeBuilder Program. Eligible ECPs may enroll at any time during the Enrollment Period, but such ECPs are only eligible to earn Rebates as of the month in which they complete enrollment (in order for 2011 PracticeBuilder accounts to avoid interruption in earning Rebates, such ECPs must enroll in the 2012 Program by January 31, 2012). Incomplete enrollments are ineligible. Limit one enrollment per Eligible ECP location (if multiple enrollments come in for a single Eligible ECP location, only the first will be accepted). By enrolling, each ECP agrees that it may be contacted by Sponsor or its agents via telephone, email or facsimile using the information provided in connection with the enrollment for information and updates directly related to PracticeBuilder.

    Neither Sponsor, its designees or agents, nor any telephone network or other service providers, are responsible for incorrect or inaccurate transcription of enrollment information, or for any human error, technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software, inability to access any website or online service or website, inability to submit the online enrollment form, or any other error or malfunction, or any injury or damage to ECP's or any other person's computer related to or resulting from participation in the Program or activity on the Website, or for late, lost, illegible or misdirected enrollments.

  4. CRIZAL AND AR BASELINES:   Each Eligible ECP enrolled in the 2012 PracticeBuilder Program that was also enrolled in the 2011 PracticeBuilder program program, and each Eligible ECPs enrolled in the 2012 Program who did business with ELOA (excluding partner labs) even if not enrolled in the 2011 PracticeBuilder program, will be assigned a “Monthly Crizal® Baseline” and a “Monthly AR (non-Crizal) Baseline” (collectively, the “Baselines”). The Monthly Crizal Baseline will be determined based on the number of Crizal lens purchases by transaction (a transaction may be for a single lens or a pair) made by the Eligible ECP from ELOA (excluding partner labs) during that ECPs “Active Months” (as defined below*) in 2011, divided by the number of Active Months for that ECP in 2011. The Monthly AR (non-Crizal) Baseline will be determined based on the number of non-Crizal anti-reflective coating lens purchases by transaction (a transaction may be for a single lens or a pair) made by the Eligible ECP from ELOA during that ECPs Active Months in 2011, divided by the number of Active Months for that ECP in 2011. Enrolled ECP practice representatives may find the Baselines for their practice on the Website when they log in to the ECP account. Baselines are determined solely by Sponsor and are not subject to dispute. Sponsors decisions and determination on this and all other matters relating to the Program are final and binding.

    * Active Months only include months in which at least one lens purchase is recorded for that ECP.

    Both Baselines will be zero for enrolled Eligible ECPs did not make any purchases from ELOA during 2011. Sponsor reserves the right (in its sole discretion) to reduce Baselines, but will not increase them during the Program Period.

  5. HOW TO EARN REBATES:   During the Program Period Sponsor will track each enrolled ECPs eligible Jobs (as defined below**) for Crizal lenses and for Non-Crizal Anti-Reflective coating lenses.

    **A Job is defined as a single transaction for a single lens or pair of lenses that is fulfilled by the enrolled ECP through an Essilor Laboratories of America, Inc. laboratory (“ELOA”), excluding partner labs. The date of the Job is the date when the order is shipped by ELOA. In order for a Job to be eligible, it 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. A representative of the ECP must notify Sponsor in writing of any Jobs that are ineligible within five (5) business days of the close of the month in which the Job is placed.

    1. Crizal Rebates: During each calendar month during the Program Period, enrolled ECPs will earn a $5 cash back payment (a “Rebate”) for every Crizal Job shipped in a calendar month that is over that ECPs Monthly Crizal Baseline, provided that the ECP has maintained a monthly average of at least twenty (20) Jobs (of any product) during the three (3) months prior to that calendar month*** and provided that the ECP has not declined by more than five percent (5%) in all purchases with ELOA compared to the same year to date period (i.e., January 1 to current date) in 2011.
    2. Non-Crizal AR Rebates: During each calendar month during the Program Period, enrolled ECPs will earn a $2 Rebate for every Non-Crizal Anti-Reflective Coating Job shipped in a calendar month that is over that ECPs Monthly AR (non-Crizal) Baseline, provided that the ECP has maintained a monthly average of at least twenty (20) Jobs (of any product) during the three (3) months prior to that calendar month*** and provided that the ECP has not declined by more than five percent (5%) in all purchases with ELOA compared to the same month in 2011.


    ***For ECPs that were not enrolled in the 2011 PracticeBuilder Program and did not make any purchases from ELOA in 2011, the twenty (20) Jobs in the prior three months requirement will be waived for the first three months of enrollment in the 2012 PracticeBuilder Program.

  6. REBATE PAYMENT:   On or about the 30th day following the close of a calendar month during the Promotion Period, the amount of Rebates earned by the Eligible ECP during the calendar month will be posted in the ECPs account on the Website. After such Rebate amount is posted, and once the total Rebate amount available to that ECP reaches $25, the ECP may request a payout of the Rebate amount by completing the Payout Request Form on the Website and submitting it to Sponsor as directed on the Website. Notes: (1) Payout requests may only be made on behalf of the Eligible ECP by the Payout Administrator designed by the owner/officer in the enrollment form; and (2) Rebate requests for Rebates earned that total less than $25 may be made between January 1, 2013 and March 30, 2013. Rebate payouts will be made by check to the name of the Eligible ECP named in the enrollment. Rebate amounts for each calendar month will accumulate until a Payout Request Form is submitted. Any Rebates from the 2012 Program for which no Payout Request Form has been submitted by March 30, 2013 will be forfeited.

  7. CUSTOM INCENTIVES:   Sponsor reserves the right, in its sole discretion, to offer custom incentive programs to one or more Eligible ECPs during the Program Period. Such custom incentive programs may be for Crizal or non-Crizal AR purchases, or for other lens products. For each custom incentive program, the baseline for the product subject to the incentive program shall be determined based on the number of purchases for that lens type by transaction (a transaction may be for a single lens or a pair) made by the Eligible ECP from ELOA during that ECPs Active Months (as defined above) in 2011, divided by the number of Active Months for that ECP in 2011. The Rebate amount and goal required to achieve the Rebate in the custom incentive program shall be determined by Sponsor and communicated to the individual Eligible ECPs eligible for such custom incentive program. The terms of these PracticeBuilder Program Terms and Conditions shall apply to all custom incentive programs offered through PracticeBuilder.

  8. MISCELLANEOUS RULES:   The PracticeBuilder Program IS NOT OPEN TO THE GENERAL PUBLIC. By enrolling, ECPs agree to these ELOA PracticeBuilder Terms and Conditions, and accept decisions of the Sponsor as final in all matters relating to the PracticeBuilder Program. Sponsor reserves the right to disqualify ECPs that violate these Terms and Conditions, that do not remain active (minimum 1 job per month) during any individual month of the PracticeBuilder Program Period, or that interfere with the Program in any manner. All sales are subject to verification by Sponsor and Sponsor reserves the right to void any sales deemed suspect in any manner. Posting of sales activity on the Website does not guarantee credit for such sale. These Terms and Conditions are subject to change by Sponsor with or without prior notification. Any changes to the Terms and Conditions for this PracticeBuilder Program will be posted on the Website. All taxes and other expenses incurred by any ECP are the ECP’s sole responsibility.

  9. LIMITATIONS:   Sponsor will not be responsible for any typographical or other errors in printing the offering or the administration of the PracticeBuilder Program. The PracticeBuilder Program can be modified or discontinued at any time at the sole discretion of Sponsor. Sponsor reserves the right to add to, modify, and/or change the PracticeBuilder Program terms and conditions at any time. By participating, each ECP agrees to release and hold harmless Sponsor, its parent company, affiliates, agencies, and their employees, officers, directors and shareholders from any claims, actions, injury, loss or damage of any kind resulting from participating in the Program or from the acceptance or use of any Rebate awarded. By enrolling, all participants agree that Texas law governs this Program without regard to conflicts of law principles. By enrolling, all participants consent to the jurisdiction and venue of the federal, state and local courts of Dallas, Texas for the resolution of all disputes.

  10. SPONSOR:   The Sponsor is Essilor Laboratories of America, Inc., 13555 N. Stemmons Freeway, Dallas, TX 75234.