Terms and Conditions
By participating in (the “Campaign”), you agree to the following terms and conditions:
(1) Campaign Rules: Share a picture or video of you in your first or favorite pair of prescription glasses to Instagram using #RaiseYourGlasses. If you want to participate in Raise Your Glasses on Facebook, make sure to tag @PearleVision along with #RaiseYourGlasses on your post.
For every ten (10) unique photos posted on Facebook® or Instagram® during the time period 10.9.18 -12.31.18 that includes (i) the hashtag #raiseyourglasses, and (ii) a photo of you in your prescription eyeglasses, Pearle Vision® will donate to OneSight® to help provide eyeglasses to one (1) child in need.*
(2) Post Requirements: Your Campaign post (“Post”) may not contain any of the following:
(a.) materials which include or constitute trademarks, trade names, patents, logos or copyrighted works created or owned by any person or entity other than you (excluding any Pearle Vision branding);
(b.) materials which contain profanities or illegal acts, or which bear the name or likeness of any celebrity, living or dead;
(c.) materials which contain visible phone numbers, website links, street addresses, e-mail addresses or license plate numbers;
(d.) materials which contain behavior inappropriate for a general audience;
(e.) materials which contain nudity or any depiction of real or simulated sexual acts;
(f.) materials which contain extensive or gratuitous violence;
(g.) materials which violate anyone’s privacy or publicity rights, violate any confidentiality or employment agreement, or which are defamatory, slanderous or libelous;
(h.) materials which are derogatory to Luxottica Retail North America Inc. (“Luxottica”) (d/b/a Pearle Vision), or to any affiliated entity or person;
(i.) materials which are discriminatory based on race, religion, national origin, physical disability, age, sex, or sexual orientation or preference;
(j.) materials in which any person identifiably appears where no appropriate written release has been obtained from such person granting all rights required herein;
(k.) materials which were submitted in another contest or competition;
(l.) materials which were published, including postings on the Internet, prior to the publication of the Post, other than via your social media channels;
(m.) materials which violate any law, rule or regulation; or
(n.) screen grabs from videos.
(3) Publicity; limitations of liability and releases: You agree that Luxottica and its parent company, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing, website providers, web masters, officers, directors, employees, representatives and agents (the “Released Parties”) will have no liability whatsoever for, and shall be held harmless by you against, any liability for any injuries, losses or damages of any kind, to persons or property, resulting in whole or in part, directly or indirectly, from participation in the campaign or in any campaign-related activity, or any claims based on publicity rights, defamation or invasion of privacy. By participating in this campaign, you agree that the released parties will not be responsible or liable for any injuries, damages or losses of any kind, including direct, indirect, incidental, consequential or punitive damages to persons or property arising out of access to and use of any website associated with this campaign or the downloading from and/or printing material downloaded from any campaign-related website.
Except where prohibited by law, participation in the campaign constitutes your grant to Luxottica and the released parties the right and permission to print, publish, broadcast and use, world wide in any media now known or hereafter developed, including but not limited to the world wide web, at any time or times, your post and the name, username, portrait, picture, voice, likeness, opinion and biographical information of you and any other individual who appears in your post for advertising, trade and promotional purposes, without additional consideration, compensation, permission, or notification.
Without limiting the foregoing, everything regarding this campaign, including the website, is provided “as is” without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions may not allow the limitations or exclusions of liability for incidental or consequential damages or exclusion of implied warranties, so some of the above limitations or exclusions may not apply. Check local laws for any restrictions or limitations regarding these limitations or exclusions.
(4) Disputes: Except where prohibited, you agree that: (1) any and all disputes, claims and causes of action arising out of or connected with this Campaign shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Southern District of Ohio or the appropriate State Court located in Ohio; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Campaign, but in no event attorneys’ fees; and (3) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of you, Luxottica and the Released Parties in connection with the Campaign, shall be governed by, and construed in accordance with, the laws of the State of Ohio, without giving effect to any choice of law or conflict of law rules (whether of the State of Ohio or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Ohio.
*Through OneSight, Pearle Vision aids in the delivery of eyewear and genuine eye care to global and national eye clinics, as well as offering assistance through our own EyeCare Centers. To date, OneSight has provided permanent vision care access to over 15 million people and is determined to bring access to the 1.1 billion people who lack it. OneSight has a proven model, which is made possible by Pearle Vision volunteers, that provides permanent access to vision care and glasses and we are pioneering new ways to deliver quality vision care to the most remote communities. Our goal is to create a world where lack of access to vision care is no longer a barrier to human achievement, and every donation gets us one step closer to making that world a reality.