Spa Week Media Group, Ltd. Presents the $1,000 Gift Card Giveaway
2009 OFFICIAL RULES
NO PURCHASE OR PAYMENT IS REQUIRED TO ENTER OR WIN.
These Official Rules govern the Spa Week Media Group, Ltd. ("SWMG") "$1,000 Gift Card Giveaway" (the "Sweepstakes").
1. ENTRY PROCESS - To enter the Sweepstakes, you ("You" or the "Entrant") must go to www.spaweek.com/content/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. In addition, by submitting an entry, You expressly grant authority to the Co-Sponsors and all of their respective 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. The Co-Sponsors are 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. Only one (1) entry per person permitted.
2. ELIGIBILITY FOR ENTRY - To enter the Sweepstakes, You must be a resident of the fifty (50) United States, the District of Columbia, or Canada (excluding Quebec). 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 Sweepstakes 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 Sweepstakes or win a prize. All federal, state, provincial, and local laws and regulations apply.
3. DURATION OF THE SWEEPSTAKES - The Sweepstakes shall begin at 12:01am (EST) on August 17, 2009, and end at 11:59pm (EST) on October 31, 2009 (the "Sweepstakes Period").
4. SELECTION OF WINNER(S)/ RANDOM DRAWING - Winner(s) will be selected in a random drawing on or about November 9, 2009 from among all eligible entries. The odds of winning will depend upon the number of eligible entries received. SWMG will notify the winner(s) 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) Sweepstakes winners in total. One (1) Grand Prize winner will receive a $1,000 Spa Week Gift Card (Approximate Retail Value: USD $1,000.00). Five (5) First Prize winners will each receive a $100 Spa Week Gift Card (Approximate Retail Value (each): USD $100.00). A prize is not transferable. There shall be no substitution of a prize 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 Sweepstakes winner/ prize recipient as income. A Sweepstakes winner/ prize recipient must supply SWMG with his/ her social security number for tax purposes. An IRS Form 1099 will be issued in the name of Sweepstakes 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, are the sole responsibility of the Sweepstakes winner/ prize recipient. Each prize consists only of those items expressly listed above as part of the prize. By accepting a prize, You expressly grant authority to SWMG and 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.
Spa Week 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 Gift Card Directory located on www.spaweek.com.
At the sole discretion of the Co-Sponsors, a prize winner may 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. The Co-Sponsors reserve 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.
6. DISQUALIFICATION - SWMG reserves the right to reject any entry for any reason. All decisions 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 Sweepstakes 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.
7. RIGHT TO CANCEL/TERMINATE/MODIFY - SWMG reserves the right to cancel, terminate, or modify the Sweepstakes if it is not capable of completing the Sweepstakes 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 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 SWEEPSTAKES. THIS WAIVER OF LIABILITY IS AN EXPRESS CONDITION FOR THE ENTRANT TO BE ELIGIBLE TO ENTER THE SWEEPSTAKES. IN NO EVENT SHALL SWMG BE LIABLE TO ENTRANT OR TO ANY THIRD-PARTY FOR ANY INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED IN ANY WAY TO THE SWEEPSTAKES, WHETHER OR NOT SWMG WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
9. APPLICABLE LAW - The Sweepstakes, 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 in New York County with respect to any matter relating hereto, and hereby waives the defense of forum non conveniens to any such action.
10. 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.
11. 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.
12. 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.
13. WINNERS LIST - A request to receive a list of the prize winners must be made in a writing addressed to Spa Week Media, 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 November 9, 2009.
14. SPONSOR INFORMATION - This Sweepstakes is sponsored by Spa Week Media Group, Ltd., 89 Fifth Avenue, Suite 500, New York, New York 10003.