SWEEPSTAKES OFFICIAL RULES
ALWAYS SPA PARTY SWEEPSTAKES OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
The ALWAYS SPA PARTY (the "Sweepstakes") is jointly sponsored by Spa Addicts, Inc., ("Spa Addicts"), 9911 West Pico Boulevard 8th Floor, Los Angeles, CA, 90035 and The Procter and Gamble Distributing LLC, Legal Division, 1 P&G Plaza, Cincinnati, OH 45202. (Spa Addicts and The Procter & Gamble Company are sometimes referred to jointly herein as the "Sponsors" and all references to Sponsors shall, unless otherwise indicated, be deemed to include both Spa Addicts and The Procter and Gamble Distributing LLC.)
1. ELIGIBILITY: By entering the Sweepstakes, each entrant: i) agrees to be bound by these Official Rules; and ii) consents to the collection, use, and disclosure of entrant's information by Sponsors and their respective affiliated companies and subsidiaries and third parties retained by on behalf of Sponsors for the purposes of executing and administering the Sweepstakes (collectively, "Sweepstakes Administrators") for the purposes stated in these Official Rules. The terms and conditions of these Official Rules form a binding legal agreement between each entrant and Sponsors
Open only to permanent legal residents of the fifty (50) United States and the District of Columbia (excluding Puerto Rico, Guam, US Virgin Islands and all other US territories) who have reached the age of majority in the state in which they reside (19 or older in AL and NE, 18 or older in all other states) at time of entry. Employees of Sponsors, Spa Addicts, Inc., and each of their respective parents, affiliates, subsidiaries, and advertising and promotion agencies, and their immediate family members (parent, child, spouse, sibling and their respective spouses, regardless of where they reside) and/or those living in the same household of each, whether or not related, are not eligible to participate in or win the Sweepstakes. Void where prohibited by law. All applicable federal, state and local laws apply.
2. HOW TO ENTER: Beginning 9:00am Eastern Time ("ET") on NOVEMBER 1, 2008 and ending 11:59pm ET on DECEMBER 21, 2008 (the "Entry Period"), log on to http://www.spa-addicts.com/sweepstakes, click on the Sweepstakes entry banner and follow the on-screen entry instructions to enter. Sweepstakes consists of ONE (1) random drawing ("Monthly Prize"). Entries must be received by the "End Date" for that particular Drawing as specified in the chart below. Entries must be received by DECEMBER 21, 2008. Limit one (1) entry per valid email address or person or household per day. Multiple entries received from any unique email address or person or household for any day after the first entry received for that day will be void. Entries generated by script, macro or other automated means are void. Normal time, toll, connection and usage rates, if any, charged by your Internet service provider will apply. All entries become the property of Sponsors and will not be acknowledged.
3. RANDOM DRAWING/WINNER NOTIFICATION: Potential winner(s) will be selected in a random drawing on or about the corresponding Drawing Dates as stated in the chart above, from among all eligible entries received for that particular Weekly Drawing. Sweepstakes Administrators' decisions are final and binding with respect to all matters related to the Sweepstakes. Odds of winning will depend upon the number of eligible entries received. Sweepstakes Administrators will make two (2) attempts to contact potential winners at the email address provided at the time of entry. If Sweepstakes Administrators are unable to reach a potential winner via email after two (2) attempts, he/she may be disqualified and an alternate winner may be selected. Potential winners may be required to complete, sign, have notarized and return an Affidavit of Eligibility and Liability Release ("Affidavit and Release") and Publicity Release (where legal) within seven (7) days of the date they are sent by Sponsors to potential winner. Noncompliance within this time period, with these Official Rules or the return of or inability to deliver any prize/prize notification may result in disqualification and, at Sponsors' discretion, and time permitting, an alternate potential winner may be randomly selected from among all remaining eligible entries received for the corresponding Weekly Drawing.
4. PRIZES: HOME SPA PARTY FOR YOU AND THREE FRIENDS ("Prize"), including SPA SERVICES, ROBES and SPA PRODUCTS FOR FOUR, or equivalent. Approximate Retail Value is $1,300.00 (US $). Each winner is solely responsible for all expenses and costs associated with acceptance and/or use of any Prize not specifically stated herein as being awarded including, without limitation, any and all federal, state and local taxes.
If winner cannot accept Prize as stated for any reason, Prize will be forfeited and at Sponsors' discretion, an alternate winner may be selected. In the event that any Prize is not available for any reason, then Sponsors are under no obligation to winner and no additional compensation will be awarded. No cash or other substitution, assignment or transfer of prize is permitted except that Sponsors, in their sole discretion, reserve the right to substitute any Prize with a prize of comparable or greater value. All prize details are at the sole discretion of the Sponsors.
5. USE OF PRIZE: By accepting prize, winners (or winner's parent/legal guardian if winner is deemed a minor in his/her state of residence) agree to hold Sponsors, their respective directors, officers, employees and assigns, harmless against any and all claims and liability arising out of use of prize.
6. GENERAL RULES: Acceptance of Prize constitutes permission to Sponsors and the Released Parties (as defined below) to use winners' names, city, state, likeness, voice, biographical information and statements for purposes of advertising, promotion and publicity in any and all media, now or hereafter known, throughout the world in perpetuity without additional compensation, notification, approval or permission, unless prohibited by law. By entering the Sweepstakes, each entrant agrees for entrant and for entrant's heirs, executors, and administrators (i) to release and hold Sponsors, Spa Addict, Inc., their respective parents, affiliates, subsidiaries, and advertising and promotion agencies, any other entity involved in the development or administration of the Sweepstakes, and each of their respective directors, officers, employees and assigns (collectively, the "Released Parties"), harmless against any and all claims and liability of any kind (including, without limitation, personal injury, death, and/or property damage) arising in whole or in part, directly or indirectly, out of participation in the Sweepstakes or the acceptance, receipt, possession, misuse, nonuse or use of any prize (or portion thereof or any travel or activity related thereto); (ii) waive all rights to claim direct, indirect, punitive, incidental and consequential damages, attorney' fees or any damages other than actual out-of-pocket costs incurred to enter the Sweepstakes; (iii) to be bound by these Official Rules and the decisions of the Sponsors and their representatives which are final and binding on all matters relating to the Sweepstakes; and (iv) to waive any right to claim any ambiguity or error in these Official Rules or the Sweepstakes itself. Released Parties are not responsible for incomplete, lost, late, stolen, damaged, inaccurate, illegible, misdirected, garbled, inaccurate, delayed or undelivered entries; or for any computer, network, technical, mechanical, printing, typographical, human or other errors or problems of any kind relating to or in connection with the Sweepstakes, including, without limitation, errors or problems of any kind that may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement, delivery or use of any prize or in any Sweepstakes-related materials; or for any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Sweepstakes. CAUTION: Any attempt by an entrant to deliberately damage any web site or undermine the legitimate operation of the Sweepstakes is a violation of criminal and civil laws, and should such an attempt be made, Sponsors reserve the right to seek damages from any such entrant to the fullest extent permitted by law, including criminal prosecution. If for any reason this Sweepstakes (or any portion thereof, including any prize element) is not capable of running as planned due to an infection by a computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsors (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these rules), Sponsors reserve the right to postpone or cancel the Sweepstakes (or any element thereof) in any manner and for any reason without notice, in their sole discretion. Sponsors also reserve the right in their sole discretion, to cancel, suspend or modify the Sweepstakes at any time. Sponsors may terminate entrant(s) participation in the Sweepstakes if Sponsors determine that entrant(s) have breached these Official Rules, or may disqualify any implicated entrant(s), (and their entries) if any fraud, virus, actions by entrants, technical or other error or problem of any kind, or any other occurrence corrupts or affects the administration, integrity, security, or proper play of the Sweepstakes, as determined by Sponsors in their sole discretion. In the event of cancellation, Sponsors reserve the right, at their sole discretion, to pick winner(s) in a random drawing from among all eligible entries received by Sponsors up until the time of such cancellation, termination, modification or suspension, as applicable.
In the event of a dispute as to the identity of an entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant. "Authorized account holder" is defined as the person who is assigned to an email address by an Internet access provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address
The failure of Sponsors to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, labor dispute, act of public enemies, actions of governmental authorities outside of the control of Sponsors (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Official Rules.
7. GOVERNING LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the participant and Sponsors in connection with the Promotion, shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice of law or conflict of law rules or provisions which would cause the application of the laws of any jurisdiction other than the State of California. If any controversy or claim arising out of or relating to the Promotion, the Official Rules, or the breach of any term hereof, cannot be otherwise resolved, it shall be resolved by binding arbitration conducted in the County of Los Angeles, and administered by JAMS in accordance with its Streamlined Arbitration Rules and Procedures or subsequent versions thereof ("the JAMS Rules"). The JAMS Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be an experienced arbitrator licensed to practice law in California. The decision of the arbitrator shall be binding, final and conclusive and shall not be appealable to any court. The remedy for any claim shall be limited to actual damages, and in no event shall any party be entitled to recover punitive, exemplary, consequential, or incidental damages, including attorney's fees or other related costs of bringing a claim, or to rescind this agreement or seek injunctive or any other equitable relief.
8. PRIVACY: By completing and submitting the information requested in the course of this Sweepstakes, each entrant consents to the collection, use and disclosure of his/her personal information by the Sponsors for the purposes of enabling the Sponsors to contact winners and for the purpose of fulfillment of prizes. Information supplied by winning and non-winning entrants will be collected, used and disclosed by Sponsors in accordance with their respective privacy policies (as applies to each Sponsor's respective obligations concerning the Sweepstakes) which are posted at http://www.spa-addicts.com/privacy-policy.html.
9. WINNERS' NAMES: For the names of the winners, available after FEBRUARY 1, 2009. Send a self-addressed, stamped envelope to: Spa Addicts, Inc., 9911 West Pico Blvd., Los Angeles, CA. 90035, to be received by DECEMBER 21, 2008.
