Terms and Conditions
ELOA PracticeBuilder Program 2010 OFFICIAL RULES
Essilor Laboratories of America, Inc.
HOW TO ENROLL: This ELOA PracticeBuilder Program (the “ELOA PracticeBuilder Program” or the “Program”) begins to accept open enrollment at 12:00:01 a.m. Central Standard Time (“CST”) on January 6, 2010, and open enrollment ends at 11:59:59 p.m. CST on December 31, 2010 (the “Open Enrollment Period”). Enrollment is open to any ELOA account regardless of participation in another Essilor Laboratories of America, Inc. (ELOA) marketing program. Enrollment is for eye care practices (“ECP”), and not individual employees of any particular ECP. To enroll in the ELOA PracticeBuilder Program, please register at http://www.ELOAPracticeBuilder.com. Only enrollments that are completed online at this website will be accepted. By enrolling, ECP agrees that it may be contacted by Sponsor or its agents via telephone, email or facsimile using the information provided on the entry form for information and updates directly related to the program and for other periodic communications related to Essilor products, services and promotions. You must complete all information required on the registration form and click “submit,” during the Open Enrollment Period to become enrolled in the Program. Incomplete enrollments are null and void. Limit one enrollment per Eye Care Professional Practice.
Enrollments become the property of the Sponsor (as defined below). Neither Sponsor or its designees, any telephone network or any 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 or downloading any materials in this ELOA PracticeBuilder Program, or for late, lost, illegible or misdirected enrollments. Enrollment materials that have been tampered with or altered are void.
ELIGIBILITY: Open only to ECPs located in the United States selling Essilor product who meet the following criteria at the time of enrollment and at the time of Reward award: (a) actively enrolled in the program, (b) completed all necessary enrollment forms, such as W-9, etc, (c) ECP's orders during the applicable Reward Period must maintain at least 50% of the baseline during any individual month during a Reward Period and (d) ECP’s with a zero baseline must remain active (minimum 1 job per month) during any individual month during a Reward period. Any Incentives will be awarded in the name of the applicable ECP Practice as stated in the enrollment materials, and not to an individual.
Void in Puerto Rico and where prohibited by law. 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 Essilor Laboratories’ policy to comply with all applicable laws; however, Essilor Laboratories 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 an ECP's sole responsibility to determine if a transaction is eligible for participation in this promotion, and to notify Essilor of any transactions which should be excluded. 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. In consideration for allowing an ECP to participate in this promotional program, ECP acknowledges his/her intent to abide by these terms. Essilor Laboratories disclaims any and all responsibility for an ECP's decision to participate in this promotion. ELOA PracticeBuilder Program IS NOT OPEN TO THE GENERAL PUBLIC. Employees of Sponsor, and its subsidiaries, sales representatives, distributors, advertising/promotion agencies involved in the advertising and administration of this ELOA PracticeBuilder Program and the immediate families (parent, child, sibling of each) and household members of each are ineligible to participate. By participating, participants agree to the Official Rules and accept decisions of the Sponsor as final in all matters relating to this ELOA PracticeBuilder Program. Sponsor reserves the right to disqualify participants who violate the Official Rules, who fall below their established ordering baseline, or who do not remain active (minimum 1 job per month) during any individual month or who interfere with the ELOA PracticeBuilder Program in any manner.
REWARD PERIODS: There are four (4) different Reward Periods for this ELOA PracticeBuilder Program (each “Reward Period”) which are as follows: #1: January 1st- March 31, 2010, #2: April 1st - June 30, 2010, #3: July 1st - September 30, 2010, #4: October 1st - December 31, 2010. ECP's enrollment becomes effective the first of the month during which the ECP enrolled in the program. ECPs only need to enroll once to remain eligible for future rewards period during the calendar year 2010.
PARTICIPATION: During each Reward Period, ECP's shall earn the applicable Reward for the applicable Reward Period as follows: ECP sales activity will be tracked and available for review at http://www.ELOAPracticeBuilder.com. Notwithstanding, 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 foregoing website does not guarantee credit for such sale. All payout categories and payout amounts will be posted prior to the start of any applicable Reward Period at http://www.ELOAPracticeBuilder.com and are subject to change without prior notification. Any additional announcements or programs added during an existing period will have their own time frames, and specific rules. Please check the website for the most current reward categories and payout amounts. Rewards can be increased if a regional or specific laboratory increases the reward amount, terms for these promotions and time limitations will be on the website. Sponsor reserves the right to add or modify means of calculating the total combined average of baseline and % of baseline sold during the Reward Period by posting notice on the website.
REWARDS: Rewards earned may be redeemed at http://www.ELOAPracticeBuilder.com. Requests for rewards will be processed for monthly sales during the Reward Period by category above the baseline according to payout amounts on the website. Rewards are payable for current, active customers at the end of the current reward period, and are NOT retroactive to any prior period. Sales made in any one Reward Period will not be rolled over into subsequent Reward Periods for purposes of determining Reward eligibility. Rewards must be claimed no later than March 31, 2010. Any Rewards not claimed within this period will be forfeited. ECP's whose orders during the applicable period do not maintain at least 50% of the baseline during any individual month or who do not remain active (minimum 1 job per month) during any individual month in the Reward Period may be removed from the ELOA PracticeBuilder Program.
All taxes and other expenses incurred by any ECP are the Reward Recipients' sole responsibility. Each Reward Recipient MUST complete and have on file a W9 form prior to any Rewards check being processed.
TERMINATION: The ELOA PracticeBuilder Program is subject to termination at any time by ELOA. If the Program is terminated, Recipient will have 90 days to redeem any Rewards earned prior to the termination date. Rewards not claimed within that period will be forfeited.
LIMITATIONS: Sponsor will not be responsible for any typographical or other errors in printing the offering or the administration of the ELOA PracticeBuilder Program, or in the announcement, awarding or acceptance of Rewards. The PracticeBuilder Program and all promotions offered by Essilor Laboratories are void where prohibited by law and may be modified or discontinued at any time at the sole discretion of Essilor Laboratories. Essilor Laboratories reserves the right to add and/or change the PracticeBuilder Program terms and conditions at any time. This means, for example, that Essilor Laboratories may change the earnings periods, number of dollars earned from lens purchases, and/or cancel or change awards. Essilor Laboratories reserves the right to limit quantities of all awards. By participating, 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 this ELOA PracticeBuilder Program or from the acceptance or use of any Reward awarded. By enrolling, all participants agree that Texas law governs this ELOA PracticeBuilder 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.
SPONSOR: The Sponsor is Essilor Laboratories of America, Inc., 13515 N. Stemmons Freeway, Dallas, TX 75234.