Spa Week Media Group, Ltd. Presents the “Twitter Chat Giveaway”
OFFICIAL RULES
THIS GIVEAWAY IS INTENDED FOR PLAY IN THE 50 UNITED STATES AND D.C. ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN ONE OF THE 50 UNITED STATES OR D.C. AT THE TIME OF ENTRY.
1. NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. Spa Week’s Twitter Chat Giveaway (“Giveaway”) is only open to persons who are legal residents of the 50 United States and District of Columbia who are 18 years of age or older, at the time of entry. Employees, officers and directors of Spa Week Media Group (“Sponsor”) and the Sponsor’s Affiliates, and each such person’s immediate families (children, spouse, parents, siblings and the spouses of each) and those living in the same household as each such person, whether or not related, are not eligible to enter or win. For the purposes of this Giveaway, “Sponsor’s Affiliates” shall be defined as all entities associated with Sponsor for purposes of this Giveaway, including subsidiaries, affiliated companies and judges involved with the Giveaway.
2. GIVEAWAY ENTRY PERIOD: The Giveaway Entry Period begins May 17, 2013 at 3:00 p.m. EST, and ends May 17, 2013 at 4:00 p.m. EST the (“Giveaway Entry Period”). Entries must be received and recorded by Sponsor’s computer during the Giveaway Entry Period. Sponsor’s computer is the official time keeping device for the Giveaway.
3. TO PARTICIPATE: To participate in the Giveaway, the entrant must Follow @SpaWeek on Twitter and Tweet during the Giveaway Entry Period using the hashtag #ladiesnightbook. One tweet equals one entry. You are permitted unlimited entries during the Giveaway Entry Period. Entries received without all required information will not be accepted. By participating, you agree to be bound by these Official Rules (the “Rules”). Giveaway is subject to applicable federal, state and local laws and regulations.
By submitting an Entry, you hereby grant Sponsor and others with Sponsor’s consent, the right to copy, distribute, publish, display and otherwise use your Tweet(s) for purposes of this Giveaway or for any advertising or publicity on behalf of the Sponsor. In the event of a dispute over the identity of an entrant, the entrant will be the registered owner of the Twitter account.
All Entries and materials submitted become the property of the Sponsor and will not be acknowledged or returned. Please see the Website’s privacy policy located at www.SpaWeek.com/go/privacypolicy for details regarding the personal information collected in connection with this Giveaway.
4. SELECTION OF WINNER/RANDOM DRAWING: There will be five (5) Giveaway Winners. The Giveaway Winners will be selected in a random drawing on or about May 17, 2013 from among all eligible entries. The odds of winning will depend upon the number of eligible entries received.
5. WINNER NOTIFICATION: Each Winner will be notified by tweet and/or direct message on or about May 17, 2013. The decisions of the Sponsor are final and binding on all matters relating to the Giveaway. If a Winner is found not to be eligible or not in compliance with these Rules, the Prize may be forfeited. Sponsor is not responsible for any change of email, mailing address and/or telephone number of Entrants. In the event that the Winner does not respond to Sponsor’s notification within two (2) business days, Sponsor reserves the right to choose an alternate winner.
6. PRIZES: There will be five (5) Giveaway Winners in total. Each Giveaway Winner will receive one (1) Prize including: one (1) signed copy of the book Ladies Night by Mary Kay Andrews Approximate Retail Value of Second Prize (each) (“ARV”): USD $26.99 NOTE: Taxes are not included for any Prize mentioned above.
The difference between any stated Prize value and actual Prize value will not be awarded. Prizes are non-transferable and no cash equivalent or substitution of Prize is offered, except at the sole discretion of the Sponsor. If a Prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute Prize with another Prize of equal or greater value.
7. GENERAL CONDITIONS: BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT HIS/HER ENTRY MAY BE POSTED ON SPONSOR’S WEBSITE, IN SPONSOR’S DISCRETION. By participating, Entrants agree to these Rules, which are final and binding in all respects. Winners may be required to complete, execute, and return an Affidavit of Eligibility and, where lawful, Publicity Release upon request. If Affidavit/Release is not returned within ten (10) business days of notification or winner is found to be ineligible or not in compliance with these Rules, Prize will be forfeited. If Affidavit/Release is not required, Prizes will be shipped within 4-6 weeks of notification. If any Prize notification or Prize is returned as undeliverable or if winner is disqualified for any reason, Prize may be forfeited. By entering, each Entrant agrees to release and hold Sponsor, Sponsor’s Affiliates, and the officers, directors, employees, representatives, contractors, and agents of each such entity (“Released Parties”) harmless from any and all liability whatsoever for any injury, loss, or damage of any kind to any person or property resulting from (i) acceptance, possession, or use or misuse of any Prize, (ii) participation in this Giveaway or any Giveaway-related activities, or (iii) use of the Entry in any manner. Except where legally prohibited, each winner grants (and will confirm that grant in writing) permission to Sponsor and Released Parties, exercised in their sole discretion, the right to use the winner’s name, picture, likeness, voice, biographical information, and Entry (whether altered, changed, modified, edited, used alone, or used with other works) at any time, in any form, in any media, without compensation of any kind and without notice, review, or approval. By submitting an Entry, each Entrant warrants that (i) the Entry does not violate any law or regulation or any right of any third party, including those laws, regulations, and rights related to copyrights, trademarks, publicity, or privacy, (ii) the Entrant has followed the Rules and has the right to grant the rights to his/her Entry as provided in these Rules, (iii) the Entry has not been published or submitted in any other competition; (iv) the Entry has not won previous awards; and (v) that publication of the Entry via various media including Web posting, will not infringe on the rights of any third party. Any such entrant will indemnify and hold harmless, Sponsor and Released Parties from any claims to the contrary. Entrants further agree that submission of an Entry is gratuitous and made without restriction, and will not place Sponsor under any obligation that Sponsor is free to disclose or otherwise disclose the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to entrant. Entrants acknowledge that, by acceptance of your submission, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than entrant. Sponsor reserves the right to screen Entries, but may post Entries to the Website without editing or other prior review. Entrants acknowledge that Sponsor has no obligation to use or post an Entry. By accepting a Prize, each winner agrees that his/her Entry will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the winner irrevocably assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her Entry, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Winners hereby waive in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that winner may now or later have to their Entry. Sponsor reserves the right to alter, change or modify the winning Entries, in its sole discretion. Upon request of Sponsor, winners shall each execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to their Entry and of the copyrights transferred and “Moral Rights of Authors” waived under these Rules. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment. By entering, Entrants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, Entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of State of New York without giving effect to any choice of law or conflict of law rules. By entering, Entrants consent to the jurisdiction and venue of the federal, state and local courts located in New York, New York.
8. LIABILITY LIMITATIONS: Neither Sponsor nor Released Parties are responsible or otherwise liable in any manner for any (i) lost, late, stolen, illegible, misdirected, non-delivered, or improperly captured Entry, (ii) lost, interrupted, or unavailable satellite, network, server, or other connection, (iii) accessibility or traffic congestion, miscommunication, or failed computer, network, telephone, satellite, cable, transmission line, or communication line, (iv) technical failure, malfunction, or difficulty, whether related to software or hardware, (v) jumbled, scrambled, delayed, or misdirected transmission, (vi) incorrect, incomplete, or inaccurate information or typographical errors, (vii) unauthorized access to, tampering with, or hacking into any Website or electronic device, or (viii) other error, omission, interruption, deletion, defect, or delay of any kind whether human, mechanical, electronic or network. Sponsor may, at its sole discretion, disqualify any individual who tampers with any Entry or with the operation of the Giveaway, who acts in violation of these Rules or otherwise in a non-sportsmanlike or disruptive manner, or who displays any intent to threaten, abuse or harass any other person. If, for any reason, the Giveaway is affected by any computer virus, worm, bug, tampering, hacking, unauthorized intervention, fraud, technical failure or other cause which, in the sole opinion of Sponsor, corrupts or otherwise affects the administration, security, fairness, integrity or proper conduct of this Giveaway, Sponsor may in its sole discretion cancel, terminate, modify, or suspend the Giveaway, and determine winners from Entries already received or as otherwise deemed fair and equitable by Sponsor. As a condition of entering, Entrants (or their parent or legal guardian if an eligible minor) agree (and agree to confirm in writing) that: (a) under no circumstances will entrant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (b) all causes of action arising out of or connected with this Giveaway, or any Prize awarded, shall be resolved individually, without resort to any form of class action; and (c) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs. Winner acknowledges that Sponsor nor Released Parties have not made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any Prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose. Any and all warranties and/or guarantees on a Prize (if any) are subject to the respective manufacturers’ terms therefore, and winners agree to look solely to such manufacturers for any such warranty and/or guarantee. IN NO EVENT WILL SPONSOR OR RELEASED PARTIES BE RESPONSIBLE OR OTHERWISE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RELATED TO THE GIVEAWAY, INCLUDING ANY ACCESS TO OR USE OF THE WEBSITE OR ANY DOWNLOADING FROM OR PRINTING MATERIAL FROM THE WEBSITE. EVERYTHING ON THE WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
By Jennifer Vishnevsky, 
