Anniversary Giveaway Terms & Conditions
Last Updated on Thursday, 17 May 2012 01:17
Written by bodybeautiful Thursday, 17 May 2012 01:17 |
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5th Anniversary Customer Appreciation Daily Giveaway
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OFFICIAL TERMS, CONDITIONS, & RULES
1. Giveaway Period:
The Body Beautiful Spa Daily Giveaway (“Giveaway”) period begins at 12:00 AM Mountain Standard Time (“MST”) on May 18, 2012 and ends at 11:59 PM (MST) on May 26, 2012.
2. Eligibility:
The Giveaway is open only to permanent legal residents of Arizona, age 18 years or older at time of entry (“Entrant”). Giveaway is not open to associates of Body Beautiful, LLC (“Sponsor”), or their immediate family members (defined as spouses, parents, siblings or children). All federal, state, and local laws and regulations apply. Void where prohibited.
3. Agreement to Official Rules:
Participation in the Giveaway constitutes Entrant’s full and unconditioned agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning the prize is contingent upon fulfilling all requirements set forth herein and within the details presented prior to submitting material and participating in the Giveaway (“Entry”).
4. How to Enter: The Entrant must complete and submit an online entry form to enter the Giveaway.
5. Entry Limits: You may enter only once during the Giveaway period.
6. How Will the Winners Be Selected? Daily winners will be selected at random.
7. What are the Giveaway Prizes?
The daily prize giveaways are:
Serenity Massage ($80 value)
Oxygen Facial ($85 value)
Celebrity Peel ($150 value)
20 Units BOTOX ($200 Value)
6ea B-12 with MIC Shots ($120 value)
eMatrix Collagen Regeneration ($700 value)
Skin Script Products ($96.50 value)
LATISSE ($115 value)
Sponsor reserves the right to modify the prize at its sole discretion. Any portion of the prize not used by winner is forfeited and no cash substitute will be offered or permitted.
8. Conditions and Restrictions:
Winner shall be required to electronically sign and accept the terms of the Affidavit of Eligibility and Release as part of the Entry submission. Failure to accept the Releases as part of the submission will result in the Entrant being disqualified. Entrant agrees Sponsor has the sole right to decide all matters and disputes arising from this Giveaway and that its decision is final and binding.
Winner, by acceptance of the prize, agrees to release, indemnify and hold harmless Sponsor, and its parent and subsidiary companies and affiliates, and each of their employees, representatives, contractors, sponsors and advertisers, from any and all liability, loss, damage, costs or claims related to any allegation regarding the award of, the receipt of, or the use of the prize, including without limitation those related to personal injury, death, property damage defamation, and claims based on the rights of publicity and privacy.
9. Notifications:
Potential daily winners will be notified by telephone. The potential winners are be required to sign and return to Sponsor, within 10 days of notice or attempted notice, a current home address, a W-9 tax form, an affidavit of eligibility and liability/publicity release in order to claim his/her prize. If a potential winner fails to sign and return the W-9 and affidavit of eligibility and liability/publicity release within the required time period, the prize will be forfeited and it will be awarded to an alternate, potential Giveaway winner.
10. Release:
By entering Giveaway or taking receipt of prize you agree to release and hold harmless Sponsor, Body Beautiful Spa, LLC, and its respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, owners, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property or privacy, arising out of participation in the Giveaway or receipt or use or misuse of any prize. You agree to indemnify Sponsor, Body Beautiful Spa, LLC., and each of their subsidiaries, and their respective owners, officers, directors, employees and agents from and against all third party trademark, copyright, right of publicity or other claims arising out of the use of your photo and essay answers.
11. Publicity:
Except where prohibited, participation in Giveaway constitutes winner’s consent to Sponsor’s and its agents’ use of winner’s name for promotional purposes in any media now known or hereafter devised, worldwide and in perpetuity, without further payment or consideration; including, without limitation, placement on the Body Beautiful Spa, or any other website and creation of promotional videos featuring the winner.
12. General Conditions:
Giveaway is subject to all applicable federal, state, and local laws and regulations. Void where prohibited by law. Winner is solely responsible for any and all state, local and federal taxes. Prize is not transferrable and may not be substituted, except at the sole discretion of Sponsor. The submission of an Entry confirms your full and unconditional agreement to these Official Rules and Sponsor’s decision, which are final and binding in all matters related to the Giveaway. Winning a prize is contingent upon fulfilling all requirements set forth herein. Sponsor reserves the right to cancel, suspend and/or modify the Giveaway, or any part thereof, if any fraud, technical failure or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Giveaway in any manner, or for any reason related to the administration of the Giveaway, as determined by Sponsor in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the Entry process or the operation of the Giveaway or to be acting in violation of these Official Rules or any other Sponsor promotion, or in an unsportsmanlike or disruptive manner. Sponsor’s failure to enforce any respective term of these Official Rules shall not constitute a waiver of that or any other provision.
13. Limitations of Liability:
The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by you or any other Entrant, printing errors or by any of the equipment or programming associated with or utilized in the Giveaway; (2) technical failures of any kind, including, but not limited to, malfunctions, interruptions, or disconnections in phone lines, cable connections or network hardware or software; (3) technical or human error which may occur in the administration of the Giveaway or the processing of entries, prize notification and/or winner confirmation; (4) any lost, late, delayed, corrupted, undelivered or undeliverable Entry or prize notification, or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participation in the Giveaway or receipt or use or misuse of any prize. You are responsible for updating your contact information with Sponsor as necessary to ensure proper administration of the Giveaway. Unless otherwise determined by Sponsor, in its sole and absolute discretion, no more than one (1) prize will be awarded.
14. Disputes:
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of you and Sponsor in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of the State of Arizona, U.S.A and resolved in State of Arizona, Maricopa County courts, without giving effect to any choice of law or conflict of law rules (whether of the State of Arizona or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Arizona. Except where prohibited, you hereby agree that any claims, disputes or actions of any kind shall be resolved individually, without resort to any form of class action, and waive all rights to claim indirect, punitive, incidental, and/or consequential damages and/or multipliers of damages, and any other damages, other than for actual out-of-pocket expenses incurred as the result of participation in the Giveaway. The parties hereby agree to waive their respective rights to a jury trial of any claim or cause of action related to or arising out of the Giveaway. The scope of the waiver is intended to be all encompassing of any and all disputes that may be filed in any court and that relate to the Giveaway, including without limitation, contract claims, tort claims, breach of duty claims, and all other common law, regulatory and statutory claims. In the event of litigation, these Official Rules may be filed as written consent to a trial by court. If any part of these Official Rules is declared invalid or unenforceable by a court of competent jurisdiction, it shall not affect the validity of the balance of these Official Rules.
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