Spa Week Media Group, Ltd. Presents the $1,000 Spa & Wellness Gift Card Giveaway
OFFICIAL RULES
NO PURCHASE OR PAYMENT IS REQUIRED TO ENTER OR WIN. MAKING A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
These Official Rules govern the Spa Week Media Group, Ltd. ("SWMG") "$1,000 Gift Card Giveaway" (the "Giveaway").
1. ENTRY PROCESS - To enter the Sweepstakes, you ("You" or the "Entrant") must go to www.spaweek.com/referMyFriend and follow the on-screen entry instructions. By submitting an entry, You confirm Your understanding and acceptance of these Official Rules. Also, by submitting an entry, You expressly agree to be bound by the terms and conditions contained in these Official Rules. Also, by submitting an entry, You expressly agree to receive email notifications and news from SWMG. In addition, by submitting an entry, You expressly grant authority to SWMG and all of its past, present, and future parents, subsidiaries, divisions, affiliates, predecessors, successors, transferees, and assigns, to use Your name, address (city and state only), likeness, and/ or voice in any manner and in any and all media now or hereafter known throughout the world in perpetuity without further approval by, or notification or compensation to, You, unless prohibited by law, in the event that You win a prize. SWMG is not responsible for lost, late, illegible, incomplete, stolen, or misdirected entries. In the event of a dispute, an entry will be deemed submitted by the authorized account holder of the e-mail address submitted at the time of entry. An "authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet Access Provider, online service provider, or other organization (e.g., business, educational institute) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. For the avoidance of doubt, the acceptance of an entry will not be deemed to waive any provisions of these Official Rules, and the Entrant may subsequently be disqualified. By entering the Giveaway, Entrant agrees that SWMG and its affiliates and subsidiaries may send Entrant promotions and special offers, via email, that it feels may be of interest to You. Only one (1) entry per person permitted.
2. ELIGIBILITY FOR ENTRY - To enter the Giveaway, You must be a resident of the fifty (50) United States or the District of Columbia. You must also be twenty-one (21) years of age or older at the time of entry. Employees of SWMG and their immediate family members and persons living in their household are not eligible to enter the Giveaway or win a prize. Employees of SWMG's affiliates, subsidiaries, parents, representatives, and advertising/ promotion/ publicity agencies doing business with SWMG are also not eligible to enter the Giveaway or win a prize. All federal, state, provincial, and local laws and regulations apply.
3. DURATION OF THE SWEEPSTAKES - The Giveaway shall begin at 12:01am (ET) on March 12, 2012, and end at 11:59pm (ET) on April 30, 2012 (the "Giveaway Period").
4. SELECTION OF WINNER(S)/ RANDOM DRAWING - The Giveaway winners will be selected in a random drawing on or about May 10, 2012 from among all eligible entries. The odds of winning will depend upon the number of eligible entries received. SWMG will notify the winners by e-mail and/ or telephone shortly after the random drawing. In the event that a winner does not respond to SWMG's notification within two (2) business days, SWMG reserves the right to choose an alternate winner.
5. PRIZE(S) - There will be six (6) Giveaway winners in total: One (1) Grand Prize winner will receive a $1,000 SPA & WELLNESS Gift Card (Approximate Retail Value: USD $1,000.00); Five (5) First Prize winners will each receive a $100 SPA & WELLNESS Gift Card (Approximate Retail Value (each): USD $100.00). The Prize and any part thereof, is not transferable or assignable. There shall be no substitution of a prize, or any part thereof, for cash or other goods and services, except that SWMG reserves the right to provide a substitute prize or prizes, of approximately equal or greater value than the original prize(s), if the advertised prize(s) becomes unavailable. Only the advertised number of prize(s) will be awarded. The value of the prize(s) may be taxable to the Giveaway winner/ prize recipient as income. A Giveaway winner/ prize recipient may be required to supply SWMG with his/ her social security number for tax purposes. An IRS Form 1099 may be issued in the name of the Giveaway winner/ prize recipient for the actual value of the prize received. All expenses, including, without limitation, all federal, state, and local taxes, and international tariffs (if any) are the sole responsibility of the Giveaway winner/ prize recipient. Each prize consists only of those items expressly listed above as part of the prize.
The Giveaway winner/ prize recipient shall be required to sign an affidavit of eligibility and liability/ publicity release. Any such affidavits and releases must be received by SWMG within ten (10) days after a selected prize winner agrees to accept a prize. SWMG reserves the right to choose an alternate prize winner if a prize winner fails to complete and return an affidavit and/ or release within the above noted deadline.
SPA & WELLNESS Gift Cards may only be redeemed at spas/ salons participating in SWMG's Gift Card Program. A list of spas/ salons participating in SWMG's Gift Card Program can be found in the Directory located on http://www.spaweek.com/spa-gift-cards/howtouse/.
6. DISQUALIFICATION - . SWMG reserves the right to reject any entry for any reason. All decisions of SWMG regarding the eligibility of an entry are final. SWMG, in its sole discretion, reserves the right to disqualify any person suspected of tampering with the entry process or the operation of the Giveaway website, or otherwise violating the Official Rules. Use of bots or any other type of automated process to enter is prohibited and will result in disqualification.
Any attempt by any person to damage any web site or undermine legitimate operation of the Sweepstakes may constitute a violation of criminal and civil laws, and should such an attempt be made, SWMG reserves the right to seek damages from and/ or to prosecute any such person to the fullest extent permitted by law. Any such tampering also will result in ineligibility to win any prize in the Sweepstakes.
7. RIGHT TO CANCEL/TERMINATE/MODIFY - SWMG reserves the right to cancel, terminate, or modify the Giveaway if it is not capable of completing the Giveaway as planned, whether due to infection by computer virus, computer bugs, tampering, unauthorized intervention, force majeure, or technical failures of any sort.
8. WAIVER OF LIABILITY. ENTRANT AGREES THAT SWMG, AND ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND AGENTS, SHALL NOT BE LIABLE FOR ANY AND ALL DAMAGES (AS WELL AS COSTS AND EXPENSES RELATED THERETO, INCLUDING ALL ATTORNEYS' FEES AND COSTS) THAT ENTRANT MIGHT INCUR RELATED OR CONNECTED IN ANY WAY TO THE GIVEAWAY. THIS WAIVER OF LIABILITY IS AN EXPRESS CONDITION FOR THE ENTRANT TO BE ELIGIBLE TO ENTER THE GIVEAWAY. IN NO EVENT SHALL SWMG BE LIABLE TO ENTRANT OR TO ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED IN ANY WAY TO THE GIVEAWAY, WHETHER OR NOT HE/ SHE/ IT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
9. RELEASE/ INDEMNIFICATION. BY ENTERING THIS GIVEAWAY, EACH ENTRANT HEREBY VOLUNTARILY AND IRREVOCABLY RELEASES, AGREES TO INDEMNIFY AND HOLDS HARMLESS, AND AGREES NOT TO INSTITUTE ANY CLAIM AGAINST SWMG, OR ANY OF ITS AFFILIATES, AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS, FROM ANY LOSSES, DAMAGES, OR EXPENSES FROM ANY AND ALL INJURIES OF ANY KIND ARISING FROM OR IN CONNECTION WITH, EITHER DIRECTLY OR INDIRECTLY, (1) THE AWARDING, ACCEPTANCE, RECEIPT, POSSESSION, USE, AND/ OR MISUSE OF THE PRIZE (OR ANY PART THEREOF) AWARDED HEREIN; AND/ OR (2) PARTICIPATION IN THE GIVEAWAY OR ANY PRIZE RELATED ACTIVITIES.
10. APPLICABLE LAW - The Giveaway and all disputes arising between Entrant and SWMG shall be governed, construed, and enforced in accordance with the laws of the State of New York, without regard to choice of law provisions. Entrant irrevocably consents to the exclusive jurisdiction of the federal and state courts located in New York County (NY) with respect to any matter relating hereto, and hereby waives the defense of forum non conveniens to any such action.
11. SEVERABILITY - Each of these Official Rules shall be severable, and if any one of them is held invalid or unenforceable for any reason, such rule(s) shall be adjusted to the minimum extent necessary to cure such validity; the remaining rules shall continue in full force and effect to the fullest extent permitted by law. The invalidity or unenforceability of one or more of the rules shall not affect any other rule. Further, the invalidity or unenforceability of any rule hereof in any particular jurisdiction shall not affect the validity or enforceability of such rule in any other jurisdiction.
12. NO WAIVER - Any delay or forbearance by SWMG in exercising any right under these Official Rules shall not be deemed a waiver of that right.
13. HEADINGS - The section headings used in these Official Rules are for reference purposes only and shall not in any way affect the meaning or interpretation of the Official Rules.
14. WINNERS LIST - A request to receive a list of the prize winner(s) must be made in a writing addressed to Spa Week Media Group, Ltd., 89 Fifth Avenue, Suite 500, New York, New York 10003. All requests must include a self-addressed, stamped return envelope. Requests must be received by May 10, 2012.
15. SPONSOR INFORMATION - This Giveaway is sponsored by Spa Week Media Group, Ltd., 89 Fifth Avenue, Suite 500, New York, New York 10003.