TRANSITIONS WITH DR. LORI 2017
OFFICIAL PROGRAM POLICIES (the “Official Policies”)
IT IS EXPRESSLY UNDERSTOOD THAT THIS IS NOT A CONTEST. RATHER, IT IS A PROGRAM WHEREBY A SPOKESPERSON (AS DEFINED LATER) WILL BE CHOSEN AND WILL RECEIVE ASSETS AND OR SERVICES (INCLUDING FREE MEDICAL TREATMENTS) FROM THE PRACTICE AS COMPENSATION FOR PARTICIPATION IN VARIOUS MEDIA ACTIVITIES SO AS TO BENEFIT THE PRACTICE.
Lori Greenwald, M.D., P.C. is looking for one or more persons to receive a series of medical and/or cosmetic treatments designed to improve his or her physical appearance (the "Makeover") in Transitions With Dr. Lori (the "Program"). See the section entitled "Treatments" below for a list of possible procedures and treatments.
These Official Policies are available on the Program's official website ("Program Website"): www.TransitionsWithDrLori.com.
The Program is sponsored by the medical practice known as Lori Greenwald, M.D., P.C., a Connecticut professional service corporation doing business as "Vanishing Veins" and "Vivesse Med Spa" (the "Practice"). The Practice's address is 1 Barnard Lane, Bloomfield, CT 06002. All treatments will be provided by the Practice, its employees and/or representatives and will be performed and/or supervised by Lori Greenwald, M.D.
Dr. Lori Greenwald is a vascular surgeon and phlebologist whose specialty is the repair of varicose veins and spider veins. She also owns and operates an aesthetic medical center that specializes in cosmetic and aesthetic medical treatments some of which are listed below in the Section entitled "Treatments". The credentials and experience of Dr. Lori Greenwald may be reviewed at http://vanishingveins.net/about-dr-greenwald.
BINDING LEGAL AGREEMENT:
You should carefully read these Official Policies before submitting materials as part of the Program, as your submission of Application Materials will create a legal and binding agreement between you and the Practice. Anyone who submits Application Materials is an Applicant.
- The Program is open only to women age 35 or older who are legally competent to provide informed consent.
- All Applicants must be U.S. residents with a legal residence in the States of Connecticut or Massachusetts. Proof of residency may be required.
- Each Applicant must have internet access and must submit materials via the Program’s website.
- Each Applicant must agree to participate in the Program’s Media Activities (as defined below).
Owners, officers, directors, employees, interns, agents and representatives of the Practice, its affiliates, and anyone involved in the development or execution of this Program, and the immediate family members (parents, spouses, siblings, children and their spouses) and members of the household of any such owner, officer, director, employee, intern, agent or representative are not eligible to apply for this Program. Questions regarding eligibility will be decided by the Practice, whose decisions are final and not subject to appeal.
HOW TO APPLY:
Applications will be accepted beginning at 6:00:00 A.M. Eastern Standard Time (EST) on November 13, 2017. There is no fixed ending date for applications. The Practice can stop accepting applications at any time it chooses.
The subject of the statement is explained on the Program website. All submissions must be in English. All applications become the property of the Practice, and no portion of any application will be returned. At its option, the Practice may post a selection of Application Materials on the Program Website.
You must own all rights to the submitted Application Materials. Application Materials must be original and must not include unlawful, threatening, libelous, defamatory, indecent, obscene, violent, vulgar, pornographic or profane material, material that violates the intellectual property, privacy or other rights of third parties, or material that otherwise violates these Official Policies in whole or in part. By submitting Application Materials, each Applicant represents and warrants that (i) his/her essay is original, (ii) he/she owns the right to all the material in the Application Materials, and (iii) Practice's use of the Application Materials, or any parts thereof, will not infringe upon the rights of any third party, including, without limitation, any intellectual property or privacy rights.
The application should be made by the Applicant. On a case-by-case basis, applications from family members may be accepted. The decision as to whether such applications will be accepted shall be made at the Practice's discretion and shall be final..
Normal Internet access charges imposed by your online service provider will apply and will be your responsibility. Practice is not responsible for applications that cannot be processed due to phone, network, electronic or computer hardware or software failure, or technical failures of any kind. A selected Applicant may be requested to provide the Practice with proof that he or she is the authorized account holder of the email address associated with the associated application.
If an Applicant is chosen to receive assets or services as part of the Program they will be designated as a Spokesperson. The approximate retail value ("ARV") of the treatments that will be received by the Spokesperson will range from $5,000 to $45,000 depending on the specific procedures and treatments which are recommended by the Practice for the Spokesperson. The specific treatments that are recommended to the Spokesperson will be determined in the sole discretion of the Practice.
The Treatments will be administered over the course of three to six months and may include one or more of the following, and may include other treatments, depending on the specific needs of the Spokesperson as determined by the Practice in its sole discretion:
- Varicose vein consult
- Radiofrequency or laser ablation of varicose veins
- Sclerotherapy of spider veins
- Sclerotherapy of varicose veins
- Ambulatory microphlebectomy
- Bilateral Ultrasound of veins of the lower extremity
- Botox Cosmetic and/or Dysport or similar Botulinum Toxin A products
- Restylane, Juvederm, Radiesse (or other filler) for the face
- Facial PhotoRejuvenation (IPL)
- Accent XL or similar treatment for skin tightening of the face
- Accent XL or similar treatment for skin tightening of the arms, abdomen, thighs and and/or buttocks
- Microdermabrasion of the face
- Chemical peel
- Pixel (Fractional Resurfacing) of the face
- Platelet Rich Plasma Facial
- Laser hair removal
The Spokesperson must be willing to participate in the Media Activities described below. If the Spokesperson is unable or unwilling to complete his or her obligations (including participation in Media Activities) then, at Practice's discretion, that Spokesperson may forfeit any remaining Treatments and may be liable to reimburse the Practice, at its sole discretion, the value of the assets and services received as part of the Program up until that point in time. Their value will be determined according to the Practice, in its sole discretion, but will conform to the general pricing practices of the Practice in its day-to-day business, when applicable.
Prior to the administration of any medical treatment, the Spokesperson will be informed in detail of the treatments to be provided and the risks associated therewith, and he or she must provide, in writing, a medical consent ("Informed Consent") to such procedures. The Spokesperson must make a determination in his or her own judgment as to whether to give such Informed Consent.
Practice does not guarantee that the results of any treatment or the recommended combination of treatments will result in an improvement in the Spokesperson's appearance in the Spokesperson's or anyone else's judgment.
The scheduling of Treatments and any necessary preliminary or post appointments will be based on availability of the Practice and its employees. The Spokesperson must be medically eligible for the procedures and acknowledge that he or she will be required to submit to a variety of medical exams in order for such determination to be made. The nature, extent and number of any required medical exams to determine medical eligibility shall be determined in the Practice's sole discretion but shall not be unreasonable under the particular circumstances and the determination of whether the Applicant and/or Spokesperson is medically eligible for any Treatment shall be determined solely by the Practice and its employees or, in the Practice's sole discretion, any qualified doctor or other medical professional designated by the Practice and licensed in the State of Connecticut. An Applicant will only be eligible for the position of Spokesperson if he or she is determined to be medically eligible for the selected procedures. If at any time the Spokesperson is no longer deemed medically eligible by the Practice then he or she will not receive any additional treatments.
Applicants should be aware that there are risks associated with any medical treatment and that complications may arise even in the case of appropriately administered medical care that complies with the appropriate standards of care. The Practice is not responsible for, and each Applicant hereby waives any and all claims against the Practice with respect to, any costs and/or expenses incurred by Applicant as a result of such medical complications.
All expenses associated with the Program not expressly provided for in these Official Policies, including, without limitation, taxes, insurance and transportation are solely the Spokesperson's responsibility.
By participating in this Program, each Applicant agrees and hereby grants Practice permission to use, copy, modify and make available to the public, without compensation, such Applicant's Application Materials (with or without attribution to Applicant) for any purpose, such as, but not limited to, press and media communications.
The Applicant agrees that Practice and its designees or agents may use Applicant's name and likeness to administer and promote the Program. A Spokesperson agrees to participate in media promotional activities reasonably requested by the Practice in connection with the Program without additional compensation, including appearances in various advertising media, including television, radio and online media and still photography. This agreement is not limited in time and extends past the period of the Program.
The Spokesperson expressly understands and agrees that he or she may be featured in a series of television segments and that the Treatments received as part of this Program, as well as Spokesperson's personal story, will be the subject of those segments. The Spokesperson also understands and agrees that the Practice may from time to time issue or write certain materials purported to be in the Spokesperson's voice and the Spokesperson will not object to such issuance.
CHOICE OF SPOKEPERSON(S):
The choice of an Applicant to be a Spokesperson is made solely at the discretion of the Practice. Some criteria that will be used for this determination include the compelling personal need of the Applicant for the Makeover, the Applicant's medical need and the appropriateness of the Treatments for abnormal veins of the legs and the Applicant's overall aesthetic appearance, the Practice's determination, in its sole discretion, of the suitability of the Applicant for appearance in visual media, the ability of the Practice to effect a dramatic and visible improvement in the Spokesperson's condition within four (4) months. This list does not outline all criteria that may be used to choose a Spokesperson. All of this being said the guiding principle in choosing a Spokesperson(s) is to choose a Spokesperson(s) whose participation in the Program will promote the business interests of the Practice, as determined in the sole discretion of the Practice. The Practice is not obligated to choose a Spokesperson if in its sole discretion no Applicant will sufficiently promote the business interests of the Practice.
After submission of an application an Applicant may be chosen for further evaluation to determine if they will be chosen as a Spokesperson. In order to undergo such further evaluation the Applicant will receive an Affidavit of Eligibility, a Liability Release and a Publicity Release (the "Affidavit") and a PHI Disclosure Authorization (see the Section entitled "Authorization To Disclose PHI") (the "Authorization"). Each such Applicant will be required to complete, sign and deliver the Affidavit and the Authorization to undergo further evaluation.
Further evaluation may include in-office evaluations by Dr. Greenwald and/or another medical professional (Registered Nurse or Nurse Practitioner or Physicians' Assistant) skilled in aesthetic medicine and/or vein care. In addition, evaluations may include an interview by a professional(s) engaged in television production to evaluate the Applicant's potential on-camera presence. Screen tests and photography may be part of this evaluation. An Applicant may be requested to submit a writing sample.
The preceding paragraph is not inclusive and other evaluations may be required by the Practice in its sole discretion.
SPOKESPERSON NOTIFICATION AND ACCEPTANCE:
The Practice is not obligated to inform any Applicant as to whether they have been chosen to be a Spokesperson. An Applicant will be notified by phone, email, and/or U.S. mail that they have been chosen to be a Spokesperson.
A chosen Spokesperson may be dropped from the Program and not receive any additional Treatments at any time and for any reason determined by the Practice, in its sole discretion.
The Spokesperson acknowledges that they will receive assets and services of substantial value as part of this Program and that he or she will not receive any other compensation as part of this Program. The Spokesperson acknowledges that they are not an employee of the Practice.
AUTHORIZATION TO DISCLOSE PHI:
As part of each Applicant's participation in the Program, the Practice will be gathering/ creating/obtaining medical and other personal information about the Applicant which may constitute Protected Health Information ("PHI") under the Privacy Rule of the federal Health Insurance Portability and Accountability Act ("HIPAA"). The Practice will be using some portion of an Applicant's Program related PHI for marketing purposes ("Marketing Purposes") as defined in HIPAA. In order to be eligible to be chosen as a Spokesperson the Applicant will be required to sign a written authorization ("PHI Disclosure Authorization") which will allow the Practice to create, use and disclose such Applicant's PHI as needed for its Marketing Purposes.
This Program is governed by the laws of the State of Connecticut and the United States of America. By applying and submitting materials, each Applicant agrees to be bound by the terms of the Official Policies and by the decisions of the Practice, including, without limitation, the professional medical decisions of the Practice, which are final and binding on all matters pertaining to this Program and not subject to appeal. Practice reserves the right to modify this Program in any way it deems necessary or appropriate. Practice is not responsible for any typographical or other error in the printing of any Program related materials.
Though the Practice will not seek reimbursement from any third party insurance carrier in connection with its performance of the Treatments, the Practice agrees that it will not violate any rules or regulations of the Spokesperson's medical insurance carrier in the administration of the Makeover.
The Practice reserves the right to change these policies at any time.
GENERAL RELEASE; INDEMNITY:
By applying for the Program, Applicant releases and holds harmless Practice and its affiliates, representatives, promotion, advertising and online technology agencies, asset and service suppliers and all others associated with the development or execution of this Program, and each of their respective owners, shareholders, directors, officers, employees, contractors and agents (the "Releasees") from any and all liability or any injuries, loss or damage of any kind arising from or in connection with participation in this Program or acceptance, use, misuse or nonuse of any Program-related assets or services, including, without limitation, liability for death, personal injury, damage or loss of any kind, rights of publicity or privacy, defamation or portrayal in a false light and from liability to any other persons relating to or resulting from applying or downloading materials or software in connection with this Program. The Releasees do not make any warranty, representation or guarantee, express or implied, in fact or in law, relative to any assets or services delivered as part of the Program.
In addition to all other policies, required releases, and restrictions described in these Official Policies or that the Spokesperson is otherwise advised of by Practice, by applying to this Program all applicants are deemed to acknowledge and agree that (1) the decision to undertake any Treatment is a serious decision and that there may be significant health risks, including, without limitation, death, and (2) the Practice and its employees, agents, representatives, officers, directors and affiliated companies assume no responsibility, risk or liability for any results, conditions or consequences, directly or indirectly arising from any Treatment (including, without limitation, any associated exams, appointments, tests, preliminary or follow-up procedures or appointments) associated with this Program.
NO RECOURSE TO JUDICIAL OR OTHER REMEDIES:
To the extent permitted by law, when Applicants enter and participate in this Program, the Applicant expressly waives any and all claims, right to litigate or to seek injunctive relief and any other recourse to judicial or other remedies in case of disputes or claims resulting from or in connection with this Program; however, if this clause is found to be invalid or unenforceable, then by applying to the Program, each Applicant (1) agrees that any and all disputes, claims, and causes of action arising out of or in connection with the Program, shall be resolved individually without resort to any form of class action; (2) waives his or her right to a jury trial for such disputes, claims, and causes of action; (3) agrees that any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred by the prevailing party including costs associated with participating in the Program, but in no event attorneys' fees; and (4) agrees that under no circumstances will any Applicant be permitted to obtain any award for, and Applicant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses.
COPYRIGHT; PUBLICITY RIGHTS:
By applying to the Program, each Applicant grants to Practice an exclusive, royalty-free and irrevocable right and license to publish, print, edit or otherwise use the Applicant's submitted Application Materials, in whole or in part, for any purpose and in any manner or media now known or hereinafter developed (including, without limitation, the Internet) throughout the world in perpetuity, and to license others to do so, all without limitation or further compensation. Applying to the Program constitutes permission for Practice and its designees to use Applicant's name, likeness, performance, hometown and state for advertising and promotional purposes in any and all media (including before, during and after photographs) at the discretion of Practice without additional compensation.
If for any reason this Program is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Program, the Practice may terminate the Program. Practice reserves the right at its sole discretion, to disqualify any individual who tampers with the application process, and to cancel, terminate, modify or suspend the Program at any time. Releasees assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, applications. Releasees are not responsible for lost, late, garbled, or misdirected materials forwarded to the Practice, or for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or application to be received by Practice on account of technical problems, human error or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to applicant's or any other person's computer relating to or resulting from participation in this Program or downloading any materials in connection with this Program. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, PRACTICE RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
If any provision(s) of these Official Policies are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
Practice collects personal information from you when you apply to the Program. Your personal information will only be used in connection with the Program and as provided for in these Official Policies. Your personal information will not be used for any other purpose and will not be shared with anyone else.