Spa Week Media Group, Ltd.
SPA WEEK® Daily Giveaways
NO PURCHASE OR PAYMENT IS REQUIRED TO ENTER OR WIN. VOID WHERE PROHIBITED BY LAW.
These Official Rules govern all Spa Week Media Group, Ltd. (“SWMG”) SPA WEEK® Daily Giveaways (collectively, the “Contests”; each a “Contest”).
1. ENTRY PROCESS. To enter a Contest, you (“You” or the “Entrant”) must go to www.spaweekblog.com 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 and abide the terms and conditions contained in these Official Rules and all applicable federal, state, and local laws and regulations that govern contests. In addition, by submitting an entry, You expressly grant authority to SWMG and all of its 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. 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.
2. ELIGIBILITY FOR ENTRY. To enter a Contest, You must be a resident of the fifty (50) United States, the District of Columbia, or Canada (excluding Quebec). You must also be eighteen (18) 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 a Contest 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 a Contest or win a prize. A Contest is void wherever prohibited or restricted by law, and all federal, state, provincial, and local laws and regulations apply.
3. DURATION OF A CONTEST. Each Contest shall begin at the time and date specified on www.spaweekblog.com and end at the time and date specified on www.spaweekblog.com.
4. SELECTION OF WINNER(S). Each Contest will specify the number of winners and whether the winner(s) will be selected by SWMG’s Director of Social Media/ Editor of SPA WEEK® Daily or by random drawing. If the winner(s) will be selected by random drawing, 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 selection of the winner(s). 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). The specific prize(s) related to each Contest shall be set forth on www.spaweekblog.com. A prize, as well as any part thereof, 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 Contests winner/ prize recipient as income. A Contest winner/ prize recipient may be required to supply SWMG with his/ her social security number for tax purposes. An IRS Form 1099 will be issued in the name of the Contest winner/ prize recipient for the actual value of the prize received. All expenses not expressly stated herein, including, without limitation, all federal, state, and local taxes, and international tariffs, are the sole responsibility of the Contest 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 all of its 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.
At the sole discretion of SWMG, 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. 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.
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 Contest website (www.spaweekblog.com), 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 Entrant to damage any website or undermine legitimate operation of a Contest 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 Contests.
7. RIGHT TO CANCEL/TERMINATE/MODIFY. SWMG reserves the right to cancel, terminate, or modify a Contest if it is not capable of completing the Contest as planned due to, without limitation, the following: 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 A CONTEST. THIS WAIVER OF LIABILITY IS AN EXPRESS CONDITION FOR THE ENTRANT TO BE ELIGIBLE TO ENTER A CONTEST. 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 A CONTEST, WHETHER OR NOT ENTRANT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
9. RELEASE/ INDEMNIFICATION. BY ENTERING A CONTEST, 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, LOSSES, OR DAMAGES OF ANY KIND ARISING FROM OR IN CONNECTION WITH, EITHER DIRECTLY OR INDIRECTLY, (1) THE AWARDING, ACCEPTANCE, RECEIPT, POSSESSION, USE, AND/ OR MISUSE OF A PRIZE AWARDED PURSUANT TO A CONTEST; AND/ OR (2) PARTICIPATION IN A CONTEST OR ANY PRIZE RELATED ACTIVITIES.
10. APPLICABLE LAW. The Contests, 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. SPONSOR INFORMATION. The Contests are sponsored by Spa Week Media Group, Ltd., 89 Fifth Avenue, Suite 500, New York, New York 10003.