Re: ................................
Prizes:
Grand Prize (1 winner): 5 day/4 night 5-Star Week-a-Way at a Wellness Retreat valued up to $10,000 USD which includes:
First Class round-trip airfare for 2 originating from within the 48 contiguous states of the United States and transportation to/from resort
5 days/4 nights’ double occupancy accommodations and applicable room tax at the Ritz-Carlton Half Moon Bay in Half Moon Bay, California
2 spa services each, for 2
3 fitness classes each, for 2
1 private session with nutritionist, for 2
$200 per day for meals, for 2
Travel must be completed by December 31, 2019. Air travel and hotel availability may be limited during holiday periods and special events.
First Place (5 winners): One-Year Massage Heights Membership: one service per month for 12 months – retail value $1,200 USD
Second Place (5 winners): Monthly Hot Stone Elevation for 12 months – retail value $240 USD
Third Place (2 winners): ComphyTM Queen Size Bed Linen Set - retail value $150 USD
Fourth Place (2 winners): Dermalogica Gift Pack – retail value $100 USD
Odds of winning will depend on the number of eligible entries received.
The total approximate retail value for this Sweepstakes is $18,000 USD.
Winner List: To receive a copy of the
winners list, mail a self-addressed stamped envelope to: 15 Years of Wellness Winners List, 13750 US Highway 281 North, Suite 230, San Antonio, Texas 78232.
Prize Acceptance: Prizes are non-transferable and must be accepted as awarded. Released Parties are not responsible for a lost or damaged prize and in the case where the prize is lost or damaged, the prize will not be replaced. ALL EXPENSES OR COSTS ASSOCIATED WITH ACCEPTANCE OF A PRIZE NOT MENTIONED HEREIN ARE THE SOLE RESPONSIBILITY OF THE PRIZE WINNER. No cash equivalent or other substitutions will be permitted, except the Sponsor reserves the right in its sole discretion to substitute any prize with another prize of equal or greater value in the event that the prize (or any component thereof) is not available as determined by the Sponsor in its sole discretion. Any local, state or federal taxes associated with any prize awarded in connection with the Sweepstakes are the sole responsibility of the Prize Winner. The value of the prizes, as ultimately determined by the Sponsor, shall not be challenged or appealed. The Released Parties are not liable for the payment of any taxes associated with acceptance of the prize.
Third Party Consent: By participating in the Sweepstakes, the Participants give consent for Sponsor to obtain and deliver his/her name, address, and other information to third parties for the purpose of fulfilling prize awards and complying with applicable laws, regulations, and rules. Any information Participant provides to Sponsor may be used to communicate with Participant in relation to the Sweepstakes or on a Sweepstakes winners list.
Privacy: All information submitted by Participants will be treated according to Sponsor’s privacy policy, available at:
https://www.massageheights.com/website-terms/#privacy. By participating in the Sweepstakes and providing any personal information, Participants hereby agree to Sponsors’ collection and usage of their personal information and acknowledge that they have read and accepted the terms of Sponsor’s privacy policy.
Publicity Release: Subject to applicable law, by accepting a prize, the winner irrevocably grants to Sponsor the right to use and publish his/her proper name, city and state of residence, likeness, photograph, picture, portrait, voice, biographical information and/or any statements made by winner regarding the Sweepstakes or Sponsor online and in print and in any other media now known or hereafter developed, worldwide, in perpetuity, in connection with the Sweepstakes and for advertising and promotional purposes, without additional compensation or notification, unless prohibited by law. The Sponsor has full ownership of all content captured during the Sweepstakes Period and during the prize fulfillment period.
Release and Limitations of Liability / Additional Terms: By participating in the Sweepstakes or by accepting a Sweepstakes prize, the Participant agrees to release, indemnify and hold harmless the Released Parties from and against any liability, loss, damage, cost, and expense that the Released Parties may suffer as a result of any claims, suits, demands, actions, causes of action (“Claims”), penalties, expenses, or costs, including reasonable attorneys’ fees (“Losses”), whether foreseen or unforeseen, that may be made or had against the Released Parties arising from or in connection with the Sweepstakes, including, but not limited to, all such Claims and Losses arising from: 1) any prize won; 2) the negligence, reckless acts, and/or intentional or willful misconduct by Participant or winner; 3) any injuries, death, damage to persons or property, losses, or other damage of any kind that the Participant or winner may sustain which may be caused, directly or indirectly, in whole or in part, from or in connection with their participation in the Sweepstakes or receipt of any prize, unless prohibited by law; and 4) any claims based on publicity rights, defamation, misappropriation, false association, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property related cause of action and/or breach of contract. THE RELEASED PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF PARTICIPANTS’ ACCESS TO AND USE OF THE SWEEPSTAKES, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE SWEEPSTAKES; OR PARTICIPANT’S USE OF A PRIZE. THE USE OF THIRD-PARTY PRODUCTS AND SERVICES IS DONE AT PARTICIPANT’S OWN DISCRETION AND RISK AND WITH PARTICIPANT’S AGREEMENT THAT PARTICIPANT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT PARTICIPANT EXPERIENCES AS A RESULT OF PARTICIPANT’S USE OF THIRD-PARTY PRODUCTS AND SERVICES. ANY WARRANTY THAT IS PROVIDED BY A THIRD-PARTY IS PROVIDED SOLELY BY SUCH THIRD-PARTY, AND NOT BY THE RELEASED PARTIES. THE RELEASED PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION SHALL NOT EXCEED $100. WITHOUT LIMITING THE FOREGOING, THIS SWEEPSTAKES AND ALL PRIZES ARE PROVIDED "AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. Sponsor is not responsible for any typographical or other error in the printing of this offer, administration of the Sweepstakes, or in the announcement of prizes. In the event Sponsor is prevented from continuing with this Sweepstakes, or the integrity and/or feasibility of the Sweepstakes is undermined by any event including, but not limited to: fire, flood, epidemic, earthquake, explosion, labor dispute or strike, public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel, or terminate the Sweepstakes. In the event of cancellation, Sponsor will award the prize to a Participant randomly selected from among all valid and eligible entries received up to the time of such Force Majeure event.
Disputes; Governing Law: The parties waive all rights to trial in any action or proceeding instituted in connection with these Rules, including, without limitation, the Sweepstakes. Any controversy or claim arising out of or relating to these Rules and/or the Sweepstakes shall be settled by private and confidential binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party including any form of class or representative action. The arbitration shall be conducted in the State of Texas. ALL ASPECTS OF THE OPERATION OF THE SWEEPSTAKES, AS WELL AS THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEMENT OF THESE RULES AND THE INTERPRETATION OF ITS TERMS, AS WELL AS THE RESPECTIVE RIGHTS OF THE SPONSOR OF, PARTICIPANTS IN, AND WINNERS OF THE SWEEPSTAKES, SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Rules and/or the Sweepstakes, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in the State of Texas. The parties agree not to raise the defense of forum non conveniens.
Sponsor: Massage Heights Franchising, LLC, 13750 US Highway 281 North, Suite 230, San Antonio, TX 78232.
