Starbucks Gift Card Terms & Conditions

The following terms and conditions (the “Agreement”) apply to any gift card given by FindOPT LLC (“OPT”) for free or distributed as a reward, incentive, part of a marketing program or promotion or otherwise (the “Gift Card”).

One (1) $10 promotional Gift Card (from a merchant to be selected in OPT’s sole discretion) will be provided to each optometrist (an “Eligible Optometrist”) who received a letter (the “Invitation”) from OPT inviting the Eligible Optometrist to watch the video (the “Video”) and complete the survey (the “Survey”) accessible at www.findopt.com/success and, prior to receiving the Invitation but no later than forty eight (48) hours after receiving the Invitation, (i) watched the complete Video, and (ii) submitted complete and accurate responses to the Survey. Limit one Gift Card per Eligible Optometrist.

Gift cards will be delivered to Eligible Optometrists no later than ninety (90) days after such Eligible Optometrist submits the Survey.

By accepting and retaining the Gift Card or using the Gift Card, each Eligible Optometrist agrees to these terms and conditions, as well as future terms and conditions and program/service changes. OPT reserves the right to change the format, elements, and terms and conditions of the Gift Card program at any time without notice. The Gift Card and associated offers are void where prohibited by law.

Use of the Gift Card is limited to the amount of funds associated with the Gift Card. Resale of the Gift Card or use for unauthorized advertising, marketing, sweepstakes or other promotional purposes is strictly prohibited. Each Eligible Optometrist’s right to use the funds on the Gift Card is a limited right, subject to the terms and conditions of the Agreement and applicable law. Please note that purchases made with the Gift Card are similar to those made with cash in that you cannot “stop payment” on such transactions. OPT is not responsible for errors or omissions.

Except where prohibited, each Eligible Optometrist agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this promotion shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the District of Maryland for the appropriate Maryland State Court located in Baltimore County, Maryland; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this promotion, and in no event will an Eligible Optometrist be entitled to receive attorneys’ fees; and (3) under no circumstances will any Eligible Optometrist be permitted to obtain awards for, and each Eligible Optometrist hereby waives 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 this Agreement, or the rights and obligations of the Eligible Optometrist and OPT in connection with the promotion, shall be governed by, and construed in accordance with, the laws of the State of Maryland without giving effect to any choice of law or conflict of law rules (whether of the State of Maryland or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Maryland.

Each Eligible Optometrist agrees to use the Gift Card only for legitimate and legal purchases.

Each Eligible Optometrist agrees to release and hold harmless OPT and its affiliates, officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause action, including, but not limited to, personal injury, death, or damage to or loss of property, arising, in whole or in part, directly or indirectly, out of participation in the promotion or receipt or use or misuse of any prize (including any travel or activity-related thereto).

If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the control of the OPT, including but not limited to technical difficulties, unauthorized intervention or fraud, OPT reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any Eligible Optometrist; or (b) to modify, suspend, terminate or cancel the promotion.

OPT (including its affiliates, officers, directors, employees and agents) is not responsible for and excludes all liability to the greatest extent permitted by law, for any personal injury, or any loss or damage (including loss of opportunity), whether direct, indirect, special or consequential, and whether or not arising from any person’s negligence, in connection with: (a) any technical difficulties or equipment malfunction (whether or not under the OPT’s control); (b) any theft, unauthorized access or third party interference; (c) any claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by OPT) due to any reason beyond the reasonable control of OPT; (d) this offer; or (e) accepting or using any Gift Card.

OPT is not liable for any tax implications arising from Gift Card claims