1. Eligibility: The 2023 AviClear Get Rewarded Summer Promotion (the “Promotion”) is open to legal residents of the United States and Canada, who are either authorized AviClear practitioners (“Practitioner”) or patients who have completed the AviClear series of treatments (“Patient”) who post a verified review on the website Realself.com during the pre-defined promotion periods (Practitioner and Patient are each an “Entrant”). Each Entrant and Cutera agree to these Promotion terms and conditions (“Official Rules”). Entrants to this Promotion must be 18 years of age or older as of their date of entry in this Promotion in order to qualify for participation in this Promotion. This Promotion is subject to federal, state, and local laws and regulations and void where prohibited by law. Cutera’s employees, its subsidiaries, affiliates, suppliers, partners, advertising and promotion agencies, and directors (collectively the “Employees”), as well as members of an Employees’ immediate family and/or those living in the same household of Employees are ineligible to participate in the Promotion.

 

2. Sponsorship. The sponsor is Cutera, Inc. (“Sponsor”), located at 3240 Bayshore Blvd, Brisbane, CA 94005. Sponsor will conduct the Promotion substantially as described in these Official Rules.

 

3. Agreement to Rules: By entering this Promotion, the Entrant (“You”) agrees to abide by the Sponsor’s Official Rules and decisions, which are fully and unconditionally binding in all respects. The Sponsor reserves the right to refuse, withdraw, or disqualify any entry at any time at the Sponsor’s sole discretion. By entering this Promotion, You represent and warrant that You are eligible to participate based on eligibility requirements explained in the Official Rules. You also agree to accept the decisions of the Sponsor as final and binding as it relates to the content of this Promotion.

 

4. Promotion Entry Period: This promotion will have four entry periods beginning July 1, 2023, at 9 a.m. PST and ending on July 31, 2023, at 11:59 p.m. PST (“Entry Period”).

 

To be eligible for the Promotion, entries must be received within the specified Entry Period.

 

5. How to Enter: Eligible Entrants can enter the Promotion by submitting an AviClear review on the website Realself.com (“Entry”).  As a participant, your Entry must fully meet Promotion Entry Requirements, set forth below, and as specified in these Official Rules, in order to be eligible for a Prize. Incomplete entries or those that do not adhere to the Official Rules or specifications will be disqualified at the Sponsor’s sole discretion.

 

a. Realself.com Review must be approved by realself.com;

b. Realself.com Review must be reviewed, approved, and validated by Sponsor;

c. Realself.com Reviews removed by realself.com team will not be eligible; and

d. Fraudulent methods of entry or circumvention of the rules may result in the Sponsor invalidating your entries and removing them from the Promotion at the Sponsor’s sole discretion.

 

Entrants may submit more than one entry and receive more than one prize if Entrant successfully completes multiple Entries and each Entry meets the Promotion Entry Requirements.

 

6. Prizes: Each Entrant that successfully completes an Entry and meets the Promotion Entry Requirements (each a “Winner”) will receive a $100 USD digital gift card (“Prize”), subject to the terms and conditions of these Official Rules. The actual/appraised Prize value may differ at the time the Prize is awarded. The Prize(s) shall be determined solely by the Sponsor. There shall be no cash or other Prize substitution permitted except at the Sponsor’s discretion. The Prize is non-transferable. The Winner, upon acceptance of the Prize, is solely responsible for all expenses related to the Prize, including without limitation any and all local, state, and federal taxes. The Winner shall not transfer assignment of the Prize to others, except as provided herein, nor shall the Winner request the cash equivalent or Prize substitution. By accepting the Prize, the selected Winner grants permission for the Sponsor to use the Winner’s likeness, entry, and name for purposes of advertising and trade without further compensation unless prohibited by law. The Winner must provide the Sponsor with a valid Social Security number or taxpayer-identification number before the Sponsor can award the Prize. A Form 1099 will be issued to each Prize winner.

 

7. Selection and Notification of Winner: Each Winner will be validated by Cutera through Realself.com. The Sponsor will notify the Winner(s) by e-mail message within ten days following Winner validation, but by no later than ninety days following the end of the Promotion. The Sponsor is not responsible for nor shall have no liability for Winner’s failure to receive notices due to email security settings that may cause notifications to be marked as spam or junk email. Nor shall be Sponsor be liable for the Winner’s provision of incorrect or otherwise non-functioning contact information. If the Winner (a) fails to claim the Prize within 10 days from the time the award notification was sent, (b) is found ineligible, or (c) does not complete and return an executed declaration and release within the specified timeframe, the Prize may be forfeited and an alternate Winner may be selected. Receipt of the Prize offered in the Promotion by the Winner is upon the condition of compliance with any and all federal, state, and local laws and regulations. IF THE WINNER VIOLATES ANY OF THESE OFFICIAL RULES, THE WINNER (AT THE SPONSOR’S SOLE DISCRETION) WILL BE DISQUALIFIED, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.

 

8. Rights Granted by You: By submitting an entry (e.g., commenting, tagging users, sharing posts, etc.) into this Promotion, You understand and agree that the Sponsor, any individual acting on the Sponsor’s behalf, and the licensees successors, and assigns of the Sponsor shall, where

permitted by law, have the right to print, publish, broadcast, distribute and use in any media known now or hereafter developed, in perpetuity, worldwide, and without limitation, your submission, name, photo, portrait, voice, likeness, image, statements about the Promotion, and your biographical information for news, publicity, advertising, promotional purposes, trade, information, and public relations without any further notice, review, consent, compensation, or remuneration. You shall defend or settle against claims that any submission violates the copyright or other intellectual property right of any third-party and at your sole expense, and You shall indemnify, defend and hold harmless the Sponsor from any such claim or suit.

 

9. Terms & Conditions: In its sole discretion, the Sponsor reserves the right to modify, suspend, cancel, or terminate the Promotion should non-authorized human intervention, a bug or virus, fraud, or other causes beyond the Sponsor’s control, impact or corrupt the security, fairness, proper conduct, or administration of the Promotion. The Sponsor, in the event of any of the above issues, may determine the Winner based on all eligible entries received prior to and/or after (if appropriate) the action taken by the Sponsor. Individuals who tamper with or attempt to tamper with the operation or entry process of the Promotion or website or violates these Terms & Conditions will be disqualified by the Sponsor in its sole discretion. In its sole discretion, the Sponsor has the right to maintain the integrity of the Promotion, to void entries for any reason, including, but not limited to: the use of bots, macros, scripts, or other technical means for entering. Attempts by any Entrant to deliberately damage any website or undermine the legitimate operation of the Promotion may be a violation of criminal and civil laws. If any such attempt is made, the Sponsor reserves the right to seek damages to the fullest extent permitted by law.

 

10. Limitation of Liability: Your entry into this Promotion constitutes Your agreement to release and hold harmless the Sponsor and its subsidiaries, representatives, affiliates, partners, advertising and promotion agencies, successors, agents, assigns, directors, employees, and officers against and from any and all claims, liability, illness, injury, death, litigation, loss, or damages that may occur, directly or indirectly from participation in the Promotion and/or the 1) Winner accepting, possessing, using, or misusing of any awarded Prize or any portion thereof; 2) any type of technical failure; 3) the unavailability or inaccessibility of any transmissions, phone, or Internet service; 4) unauthorized intervention in any part of the entry process or the promotion; 5) electronic error or human error in the promotion administration or the processing of entries.

 

11. Disputes: THIS Promotion IS GOVERNED BY THE LAWS OF THE USA AND CALIFORNIA, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. The Entrant agrees, as a condition of participating in this promotion, that if any disputes cannot be resolved between the Entrant and the Sponsor, and if causes of action arise out of or are connected with this Promotion, they shall be individually resolved exclusively before a court located in San Mateo County, California, having jurisdiction, without resorting to any form of class action. Under no circumstances in any such dispute shall the participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Promotion). The participant waives all rights to have damages multiplied or increased.

 

12. Privacy Policy: Information submitted with an entry is subject to the Privacy Policy stated on the https://cutera.com/ website. Click cutera.com/privacy-policy to read the Privacy Policy. 

 

13. Winners List: Sponsor shall keep a record of the Winners which is available upon written request and is subject to applicable individual privacy rights and laws.