LOVE YOUR EARS
Give Back Program – Terms & Conditions (“Program Terms”)
1. By participating in the Campaign for Better Hearing (CFBH) Give Back Program (“Give Back Program”) you agree to be bound by these Program Terms.
2. Criteria for Eligibility, nominee must be:
- Demonstrate financial hardship at 4 times the limit as defined by the Federal Poverty guidelines available here: (https://aspe.hhs.gov/poverty-guidelines)
- Agree not to apply or seek additional reimbursement or combined benefit in addition to the award from any third party insurance (including Medicaid, Medicare, Tricare, managed care or any private insurance).
- Willing to execute the attached Affidavit of Eligibility, Publicity Release and Liability Waiver.
3. Employees (and their immediate families and those living in the same household as employees, whether or not related) of participating clinics operated by Demant, Audiology Services Company, LLC / HearingLife (the “Promoter”) or corporate entities and agencies associated with the Give Back Program are ineligible to be nominated to receive an award under the Give Back Program.
4. For purposes of these Program Terms, the following definitions will apply:
- “Immediate family” means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister, first-cousin or anyone residing in the same household.
- “Participating clinic” means any Promoter-branded clinic owned by Demant, Audiology Services Company, LLC / HearingLife operating within the U.S.
- “Nominee” means any eligible individual nominated to be considered for receiving an award under the Give Back Program. Nominees must be at least 21 years of age and must be a legal U.S. resident and must demonstrate a financial need.
- “Recipient” means any nominee who is selected to receive an award under the Give Back Program.
5. To be an eligible recipient of an award under the Give Back Program, the nominee must submit a story of need and be qualified for hearing instruments by a hearing care expert (clinician) at a participating clinic. Participant must partake in a hearing assessment at a HearingLife center before receiving free hearing aids. The hearing assessment will confirm the participant has aidable hearing loss.
6. After nominations are submitted, the clinician must ensure that the nominee has signed the consent and privacy information section on the client pre-assessment form. It is mandatory for this form to be completed by all clients when they first get a hearing screen or test in clinic.
7. The Promoter reserves the right, at any time, to verify the validity of nominations and the details of nominees (including a nominee’s identity, income, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Program Terms , tampered with the nomination process or engaged in any unlawful or other improper misconduct calculated to compromise the fair and proper conduct of the Give Back Program. Errors and omissions on the nomination may be accepted at the Promoter’s discretion.
8. Failure by the Promoter to enforce any of its rights (including but not limited to those under these Program Terms) at any stage does not constitute a waiver of those rights. The Promoter’s legal rights to recover damages or other compensation from any individual associated with the Give Back Program are reserved, including a nominee or clinician.
9. Nominations will begin at 12:00 a.m. Eastern Time (“ET”) on May 1, 2023, and ends on June 16, 2023 at 12 a.m. Eastern Time (“ET”) during which time recipients will be selected on a rolling basis and notified by June 30, 2023.
10. All nominations will be judged against a set of criteria that includes but is not limited to the clinical and financial hardship of the nominee, potential clinical outcome and the nominee’s background story.
11. The CFBH, Chief Audiologist will select a certain number of nominees to be recipients. The Promoter may instruct the judging panel to select additional reserve recipients and record them in order, in case an invalid/ineligible recipient is selected. Selection will take place during the nomination period.
12. If selected, the recipients will be notified by phone AND email by the Promoter. A follow up/fitting appointment will then be arranged with the client’s local clinician for them to receive the Give Back award.
13. The Promoter’s decision is final in all aspects of the Give Back Program and no correspondence will be entered into with nominees, clinicians or recipients.
14. If for any reason a recipient does not take and/or redeem the award by the time stipulated by the Promoter (fitted within 14 days of being informed they are a recipient), then the award will be forfeited.
15. Five (5) entrants will receive an award under the Give Back Program of either a pair or one Oticon REAL™ hearing device(s) (depending on the recipient's individual therapeutic needs) as well as the relevant after care package referred to below. Approximate Retail Value (“ARV”) of each: $3,900. ARV of all prizes combined: $7,800. No substitutions or cash redemptions. Each recipient's individual needs will be determined by the clinician who submitted the recipient's nomination.
16. Each recipient may also receive a relevant after-care package as part of the award. The devices, and any unused services forming part of the relevant after-care package are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified by the Promoter. Services that are part of after-care package may include (but is not limited to) hearing device batteries, loss and damage coverage and/or priority maintenance and repairs.
17. Limit one award under the Give Back Program per person. Any and all applicable federal, state and local taxes in connection with the receipt of the award and any expenses related to the use and care of the hearing device(s) that are not specifically included in the award package are the sole responsibility of each recipient. The Promoter makes no representations and warranties regarding any portion of the award, which is provided “as is” without warranty of any kind, either express or implied, other than the standard manufacturer’s or service warranty provided with the product or included in the after-care package, as applicable. Each award is provided for personal use of the recipient and may not be sold, transferred, exchanged or substituted for cash.
18. Recipients are required to sign a release form, prior to being fitted with hearing devices to declare that they are willing to participate in marketing and public relations relating to the Give Back Program and the Campaign for Better Hearing (of which the Give Back Program forms a part).
19. Recipients must consent to the Promoter using their name/nick name, image and/or voice (including but not limited to photograph, film and any other recording) in any media for an unlimited period free of remuneration for the purpose of promoting the Give Back Program, WDH USA, Inc., Campaign for Better Hearing and promoting any products manufactured, distributed and/or supplied by the Promoter. Recipients must agree to the Promoter sharing content related to the recipients, including but not limited to their information, story and photographs, with global partners of the Campaign for Better Hearing.
20. Recipients agree to participate in any marketing and public relations activities relating to the Program and the Campaign for Better Hearing (of which the Program forms a part) as may be requested by the Promoter, together with availability to capture promotional material, including but not limited to all media, interviews and appearance. Recipient may be asked to make reasonable travel within fifty miles of Recipients home and to be available during business hours. Promoter may but is not required to reimburse Recipient for the time or travel associated with meeting these requirements.
21. Except for any liability that cannot by law be excluded, including the non-excludable consumer guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and disclaims all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorized access or third party interference; (c) any nomination or award claim that is late, lost, altered, damaged or misdirected (whether or not after receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in award value to that stated in these Program Terms; (e) any tax liability incurred by a recipient in connection with the receipt of the award; or (f) use of the award.
22. Personal information is being collected in order to administer the Give Back Program. By participating in the Program, the nominee acknowledges that a further primary purpose for collection of the nominee’s personal information by the Promoter is to enable the Promoter to use the information to assist the Promoter in improving its goods and services and to contact the nominee in the future with information on special offers or to provide the nominee with marketing materials via any medium including mail, telephone and commercial electronic messages (including but not limited to SMS (Short Message Service), MMS (Multimedia Message Service), IM (Instant Messaging) and email or any other form of electronic, emerging, digital or conventional communications channel which the nominee has provided their details for). The Promoter may share information with any related entities, contractors, agents or suppliers of the Promoter, who may also contact the nominee with special offers in the manner set out in this provision. By consenting to be nominated for the program, the nominee acknowledges and agrees that the Promoter may use the nominee’s personal information in the manner set out in these Program Terms.
23. The nominee/recipient can request access to, an update to or a correction of any personal information held by the Promoter by contacting the Promoter’s Compliance Officer at 1-888-906-7141 or at 580 Howard Avenue, Somerset NJ 08873
25.The Promoter reserves the right to terminate the Give Back Program at any time for any reason.
26. Any and all disputes, claims and causes arising out of or connected with the Give Back Program, or any award provided hereunder, will be resolved individually without resort to any form of class action, and exclusively in the federal or state courts located in Somerset, New Jersey, and each participant expressly consents to the jurisdiction of such courts and agree that venue therein is proper and convenient. Participants agree that the Give Back Program will be subject to and construed under the laws of the State of New Jersey without regard to its conflict of laws principles.