ELEMENTS MASSAGE® PRESENTS: Mother’s Day 2019 Sweepstakes
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PAYMENT OF ANY KIND WILL NOT AFFECT OR INCREASE YOUR CHANCES OF WINNING. YOU HAVE NOT YET WON. NEED NOT BE PRESENT TO WIN. VOID WHERE PROHIBITED BY LAW.
1. Sponsor: Elements Therapeutic Massage, LLC, 9780 Meridian Blvd, Suite 400, Englewood, Colorado 80112 (“Sponsor”). Sponsor presents these Official Rules (“Official Rules”).
2. Sweepstakes Description: Sponsor is conducting a random drawing (the “Sweepstakes”) from the eligible entries collected as a result of tagging a mom to give her a shout out for being an awesome mom on Sponsor’s Facebook or Instagram page (each an “Entry”). The start date for the Sweepstakes is April 15, 2019 at 8 AM (Mountain Time (“MT”)), and the end date of the Sweepstakes will be May 12, 2019, at 11:59 PM (MT) (the “Sweepstakes Period”). Sponsor’s method of timekeeping is the official time clock for the Sweepstakes and is final and indisputable .
(a) To be eligible to participate (in each case as an “Eligible Participant”) in the Sweepstakes, you must (1) be a legal resident of the fifty (50) United States or the District of Columbia (excluding residents of Puerto Rico), who is eighteen (18) years of age or older as of the date of entry, and (2) have a valid Facebook or Instagram account and valid e-mail address.
(b) The following entities or persons are disqualified from entering the Sweepstakes:
i. any individuals (including but not limited to employees, consultants, independent contractors and interns) who have, within six months prior to the beginning of the Sweepstakes Period, held employment with or performed services for Sponsor (collectively, “Sweepstakes Entities”);
ii. any owner, employee or manager of an Elements Massage® franchise studio;
iii. any organizations or individuals affiliated with the sponsorship, fulfillment, administration, prize support, advertisement or promotion of the Sweepstakes; or
iv. any immediate family and household members of the foregoing individuals.
(c) Participation constitutes full and unconditional agreement to, and acceptance of these Official Rules. This Sweepstakes is subject to all applicable federal, state, and local laws and regulations. All policies required for Eligible Participants to use Facebook and/or Instagram additionally apply in submitting Entries.
4. How to Enter the Sweepstakes:
(a) Internet access is required. All Entries must be submitted during the Sweepstakes Period. To participate in the Sweepstakes, Eligible Participants must tag another user on the Sponsor’s Facebook or Instagram post to give a shout out to an awesome mom (each post constituting an Entry). Entries which include obscenities, pornography, violence, or other inappropriate content may be removed from eligibility at Sponsor’s sole discretion.
(b) LIMIT ONE (1) ENTRY TOTAL PER ELIGIBLE PARTICIPANT. You may not enter more times than indicated by using multiple e-mail addresses, identities, Facebook or Instagram accounts, registrations and logins, devices, or any other methods in an attempt to circumvent the Official Rules. If you use fraudulent methods or otherwise attempt to circumvent the Official Rules, your Entry may be removed from eligibility at the sole discretion of Sponsor. Normal time, toll, connection, and usage rates, if any, charged by Internet service providers will apply, and users will be solely responsible for the same. No other means of transmission or delivery will be accepted. Late, garbled, incomplete, or misdirected entries will be declared void and will be ineligible to win. Proof of submission (screen captures, etc.) does not constitute proof of entry.
(c) If a dispute arises regarding who submitted an Entry, the Entry will be deemed to be submitted by the account holder identified at time of Entry, and he/she must comply with these Official Rules.
5. Selection of Winner & Notification: On May 13, 2019, (the “Drawing Date”) on or about 1:00 PM MT, Sponsor shall conduct a random drawing to select five (5) winners for the Sweepstakes (the “Winners”) from all eligible Entries received during the Sweepstakes Period. In the event that there are no Entries during the Sweepstakes Period, there will not be a random drawing on the Drawing Date and the prize (“Prize”) will remain un-awarded.
The Winners shall be notified in a direct message at Sponsor’s sole discretion. Sponsor shall have no liability for a potential Winners’ failure to receive notices due to a potential Winners’ spam, junk e-mail or other security settings or for the potential Winners’ provision of incorrect or otherwise nonfunctioning contact information.
The failure to respond within 48 hours to the notification shall result in forfeiture of the Prize and, in such case, Sponsor shall randomly select one alternate Winner from among the remaining eligible Entries. If an alternate Winner fails to respond to the notification within 48 hours, the Prize will be forfeited.
Following successful notification, Sponsor will make arrangements to give the Prize to the Winners. By accepting the Prize, the Winners agree to release and hold Sponsor, the Sweepstakes Entities and Facebook or Instagram harmless for any loss or injury including, without limitation, any personal injury or property damage resulting from participation in the Sweepstakes or acceptance or use/misuse of any Prize.
To the extent permitted by law, Sponsor reserves the right to require Winners to sign and return an Affidavit of Eligibility/Liability Release within a timely period of attempted notification or the Prize may be forfeited.
(a) Subject to verification of eligibility and compliance with these Official Rules, the following Prize will be awarded to each Winner of the Sweepstakes and their tagged mom selected on the Drawing Date: one (1) - 90 minute Elements Massage® massage session gift card plus free enhancement up to $20. Terms and conditions of the Elements Massage gift card apply.
(b) Sponsor has no responsibility for misplaced, lost, stolen or tampered with Prizes.
7. Prize Award: You are not guaranteed to win a Prize. If the Prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right at its sole discretion, but is not obligated, to substitute a Prize with another Prize of equal or greater value. Prizes are not transferable. It is expressly understood that the Sponsor is under no obligation to the Winner other than as expressly set forth herein. WINNER IS SOLELY RESPONSIBLE FOR ALL FEDERAL, STATE AND LOCAL TAXES AND FEES ASSOCIATED WITH THE RECEIPT OF A PRIZE. Should any law impose any tax reporting or filing obligations on Sponsor arising out of the Winner’s participation in the Sweepstakes, the Winner agrees to timely provide Sponsor with any information that is reasonably needed for Sponsor to comply with any such reporting or filing obligations.
8. Grant of Rights: Each Eligible Participant unconditionally assigns and transfers all rights, title, interest, claim, ideas, concepts, copyrighted materials and trademarks contained in any Entry submitted in the Sweepstakes and any and all rights including “moral rights” in any Entry submitted in the Sweepstakes to Sponsor. Each Eligible Participant unconditionally assigns and transfers to Sponsor all rights, title, interest, and/or claim, which he/she now has, or may in the future have to his/her Entry (including any and all photos submitted by the Eligible Participant). Sponsor has the right to use, assign, modify, edit, adapt, dispose, and electronically alter any Eligible Participant’s Entry, including but not limited to, for moral rights, to appear in promotional and/or commercial materials, as well as to reproduce it, in whole or in part, without compensation or additional consent from any Eligible Participant, or any third party.
9. Limitations of Liability and Release: By entering, you agree: (a) to release and hold harmless Sponsor, the Sweepstakes Entities, Facebook and Instagram its and their respective subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) your participation in the Sweepstakes and/or your acceptance, possession, use, or misuse of any Prize or any portion thereof, (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Sweepstakes; (v) electronic or human error which may occur in the administration of the Sweepstakes or the processing of Entries; (b) that under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim punitive, incidental, consequential, or any other damages (other than for actual out-of-pocket expenses) from Sponsor; (c) that all causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action; (d) Sponsor is not responsible for any typographical errors in the announcement of any Prize or these Official Rules; and (e) that any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, and in no event will you be entitled to receive attorneys’ fees or court costs.
10. Governing Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants or Sponsor in connection with the Sweepstakes, shall be governed by and construed in accordance with the internal laws of the state of Colorado without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state's laws. If any terms of these Official Rules are held to be invalid, illegal, or unenforceable, all other terms shall remain in full force and effect. By entering the Sweepstakes, all participants consent to the jurisdiction and venue of the federal, state, and local courts of Colorado.
11. Publicity Release:
Participation in the Sweepstakes and/or acceptance of a Prize constitutes permission for Sponsor to use, without notice or compensation, worldwide and in perpetuity, any Eligible Participant’s Entry, photo(s), likeness, biographical information, statement and voice in any and all media for any purpose, including without limitation, advertising and promotional purposes as well as in, on or in connection with Sponsor’s websites (including its social media accounts) or the Sweepstakes or other promotions, and Eligible Participant hereby releases the Sweepstakes Entities from any liability with respect thereto (each a “Publicity Release”).
12. Terms: Sponsor reserves the right, in its sole discretion to cancel, terminate, modify or suspend the Sweepstakes should (in its sole discretion) a virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness, or proper conduct of the Sweepstakes. In such case, Sponsor may select a Winner from all eligible Entries received prior to and/or after (if appropriate) the action taken by Sponsor.
a. During the Sweepstakes Period, Sponsor has the right, in its sole discretion, to maintain the integrity of the Sweepstakes, to void Entries for any reason, including, but not limited to: fraudulent Entries or the use of bots, macros or scripts or other technical means for improperly entering the Sweepstakes.
b. Any attempt by users to deliberately damage any web site or undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.
14. Winners List: For a list of Winners, send a self-addressed, stamped envelope specifying “Winners’ List,” to: Elements Therapeutic Massage, LLC, Attn: Legal Department, 9780 Meridian Blvd, Suite 400, Englewood, Colorado 80112. Requests for the Winners’ List must be received by 5PM MT on May 20, 2019.
15. Odds of Winning: Odds of winning depend on the number of Entries received during the Sweepstakes Period.
16. Social Media Platforms: This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Facebook and/or Instagram. Any questions, comments or complaints regarding this Sweepstakes shall be directed only to Sponsor, and not to any of the social media platforms identified above or any other person or entity.