PRODUCT RATING & REVIEW AGREEMENT
This Product Rating & Review Agreement (“Agreement”) governs your conduct, your rights, and Alcon’s rights with respect to any submissions you make associated with the "Product Reviews"
feature on the ClearCare.com website. This Agreement is applicable in addition to the ClearCare.com website’s Privacy Policy.
For the purposes of this Agreement:
- "Alcon" means Alcon Laboratories, Inc. and its parent, subsidiaries, affiliates, assigns, successors, brands, licensors, licensees, and/or agents
- "Submission" means any video, text, photograph, music, audio/sound recording, artwork, rating, or other materials or information submitted through the ClearCare.com website
When you submit a Submission, you represent and warrant that:
- Your submission is truthful and accurate;
- Your Submission is original and was created by you;
- You are a bona fide user of the Alcon product(s) mentioned in your Submission and that your Submission reflects your true opinion, and are based upon your actual experience with the
product(s) mentioned in your Submission
- you are not an employee of Alcon nor do you work for an affiliate or agency of Alcon hired by Alcon to promote and/or sell Alcon products;
- Alcon's use of the Submission you upload does not violate the terms of this Agreement and will not cause injury to any person or entity;
- your Submission (or any portion of it) has not been included in nor planned for use in any other advertising or promotional materials, for Alcon or any third party;
- you are a resident of the United States;
- you are at least eighteen (18) years of age;
- you are not a professional actor;
- with the exception of the coupon offer, you have not received any other compensation or offer of compensation from any entity in exchange for your Submission
You agree that you shall not upload any Submission that includes or references any one or more of the following:
- information known by you to be false, inaccurate or misleading;
- offensive, profane, vulgar, obscene or inappropriate language or visuals;
- defamatory, libelous, or slanderous content;
- content which infringes any third party's copyright, patent, trademark, trade secret, right of publicity, right of privacy, moral rights, and/or any other applicable personal or
proprietary rights;
- content which violates any law, statute, ordinance or regulation;
- content that engages in, encourages, advocates, or provides instructions for conduct that would constitute a criminal or civil offense under any law, statute, ordinance or
regulation;
- material or content that is, or may reasonably be considered to be, hate speech, whether directed at an individual or group, or that is otherwise unlawfully threatening or
unlawfully harassing to any individual, partnership, corporation, or political body;
- material or content for which you were compensated or granted any consideration by any third party;
- content depicting a health condition in a derogatory or inflammatory way or misrepresenting a health condition in any way;
- content or materials in which you impersonate another person or entity;
- content which includes third party websites, addresses, email addresses, contact information or phone numbers; or
- programming or materials containing any Trojan horses, computer viruses, worms, harmful code, or other potentially damaging computer programs or files.
In exchange for having your Submission(s) considered for use by Alcon on the ClearCare.com website and/or as otherwise detailed below, sufficiency of which you acknowledge, you grant each of the
following to Alcon:
- a royalty-free, irrevocable, transferable right and license to use the Submission however it desires, including without limitation, to copy, delete in its entirety, adapt, publish
all or any portion of the Submission, translate, create derivative works from and/or incorporate such content into any form, medium or technology throughout the world, in all cases
without compensation to you.
- an unrestricted, royalty-free, and irrevocable, right to use your first name, nickname, user name, biographical information, vocal recordings of you, and/or any illustrations,
photographic or videographic clips, portraits, likenesses or pictures of you or any other indicia of your right of publicity right (collectively "Your Personal Content") as
contained in your Submission(s), in composite or distorted form or as otherwise incorporated into other creative works of authorship, in any media, format or technology, whether now known
or hereafter discovered, and in any manner including, but not limited to, all promotional, advertising, marketing, merchandising, publicity, and commercial uses and ancillary uses thereof,
without any further notice or payment to or permission needed from you (except where prohibited by law).
When you submit a Submission, you hereby grant Alcon a royalty-free, irrevocable, transferable right and license to use the Submission however it desires, including without limitation, to copy,
delete in its entirety, adapt, publish all or any portion of the Submission, translate, create derivative works from and/or incorporate such content into any form, medium or technology throughout
the world, in all cases without compensation to you.
All content that you submit may be used, or not used, in Alcon’s sole discretion. Alcon reserves the right to edit, condense, or delete any content from your Submission in its sole discretion,
including without limitation, content that Alcon deems to violate applicable content guidelines or any other provision of this Agreement. Once you submit your review, you will not have the ability
to edit or delete any content you have submitted. You acknowledge that you, not Alcon, are responsible for the contents of your Submission. None of the content that you submit shall be subject to
any obligation of confidence on the part of Alcon. If you include any personally identifiable information, such as your name, in your Submission, such personally identifiable information may be
accessed by anyone that uses the ClearCare.com website. You should not submit any information you wish to remain private.
You agree to indemnify and hold harmless Alcon from all claims, demands, damages, costs and expenses of every kind and nature, known and unknown, including without limitation reasonable
attorneys' fees, arising out of a (i) any content submitted by you, (ii) your breach of this Agreement or (iii) your violation of any law or the rights of a third party.
By submitting your email address to the ClearCare.com website in connection with your Submission, you agree that Alcon and its third party service providers may use your email address to contact
you about the status of your review and other administrative purposes.
Should there be a coupon offer associated with the submission of a review, the following conditions apply:
- Limit of one coupon per person. Once your product review is submitted, you will automatically receive a hypertext link to a site in which you can view and print
your coupon. If you do not receive the link or if you encounter any issues with the link, please go to https://bricks.coupons.com/help/ens/printandmail.asp for assistance.
- Alcon is not responsible for Submissions that are incomplete or inaccurate whether caused by internet users or by any of the equipment or programming associated with or utilized in
the promotion or by any technical or human error which may occur in the processing of entries. Alcon is not responsible for delayed, lost, stolen or misdirected coupons. Alcon is
not responsible for computer system, phone line, hardware, software or program malfunctions, or other errors, failures or delays in computer transmissions or network connections
that are human or technical in nature.
- Alcon further reserves the right, in its sole discretion, to cancel, terminate or modify this promotion if not capable of completion as planned, including infection by computer
virus, technical corruption, non-authorized human intervention or force majeure.
If you do not agree with the content of this Agreement and/or do not want your Submission considered for any of Alcon’s promotional purposes do not check the box below or activate the
[submit] button.