Terms and Conditions for the Customer Appreciation Giveaway
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE RESTRICTED OR PROHIBITED BY LAW.
Your participation in The Giveaway (“The Giveaway ” or “Promotion” or “Sweepstakes”) shall be deemed to be your complete acceptance of the Terms and Conditions herein. By participating in the Sweepstakes, each Entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects. Sponsor is responsible for the collection, submission or processing of Entries and the overall administration of the Sweepstakes. Entrants should look solely to Sponsor with any questions, comments or problems related to the Sweepstakes.
The following are the Terms and Conditions of The Giveaway.
1. SPONSOR: The Giveaway is sponsored by starter-yoga.com. We run multiple giveaways during the month. Each giveaway has a unique identification number. The unique number for this Sweepstakes is: 101686. By submitting your entry, you are entering this unique giveaway and not every Sweepstakes sponsored or hosted by us.
2. ELIGIBILITY: The Giveaway is open to legal residents of any of the 50 United States, the District of Columbia and Puerto Rico who are 18 years of age or older at the time of participation. The Giveaway may be open to legal residents of other countries where Sweepstakes are permitted by law, except where The Giveaway is required by laws, policies or regulations to be registered, or authorized by a specific public or private entity, or where The Giveaway must be conducted or managed in a specific manner. You may be asked, at any stage, to provide proof of age and /or identity and country of residence. If you are a legal resident of any country not specifically permitted to participate in these terms, you are entering and participating at your own risk.
3. ENTRY METHOD: You may enter The Giveaway online at the Sponsor’s website. Entries by any other method set forth here are void.
4. SWEEPSTAKES ENTRY START/END DATES. The Sweepstakes begins at 12:00:00 am (midnight) Eastern Time on November 17, 2019 and ends at 11:59:59 pm Eastern Time on November 30, 2019 (the “Sweepstakes Period”). All Entries must be posted by the end of the Promotion Period in order to participate. Sponsor’s database clock will be the official timekeeper for this Sweepstakes.
5. LIMITATION ON ENTRIES: Each entrant shall be entitled to make one (1) entry into The Giveaway only. In the event that Sponsor deems an entrant to have made multiple applications or submissions to enter, or to have acted in bad faith with respect to the Promotion, the entrant shall be excluded from The Giveaway and consequently ineligible to win the Promotional Prize, as described below.
Automated or robotic Entries submitted by individuals or organizations will be disqualified. Internet entry must be made by the Entrant. Any attempt by Entrant to obtain more than the stated number of Entries by using multiple/different email addresses, identities, registrations, logins or any other methods, including, but not limited to, commercial contest/sweepstakes subscription notification and/or entering services, will void Entrant’s Entries and that Entrant may be disqualified. Final eligibility for the award of any prize is subject to eligibility verification as set forth below.
6. PRIZE: The Promotional Prize for winning The Giveaway shall be a 5 night resort stay in Cancun, Mexico, valued at $1,200 (the “Prize”). Actual/appraised value may differ at time of Prize award.
The ARV of the Prize represents Sponsor’s good faith determination. That determination is final and binding and cannot be appealed. If the actual value of the Prize turns out to be less than the stated ARV, the difference will not be awarded in cash. Sponsor makes no representation or warranty concerning the appearance, safety or performance of any Prize awarded. Restrictions, conditions, and limitations may apply. Sponsor will not replace any lost or stolen Prize items.
The Prize is subject to applicable terms and conditions. The Prize is neither transferable nor exchangeable and cannot be exchanged for money or money’s worth. No cash equivalent or substitution of Prize is offered, except at the Sponsor’s sole discretion. No transfer of Prize is permitted. Prize is awarded “as is” with no warranty or guarantee, either expressed or implied by the Sponsor. Sponsor reserves the right in its sole and absolute discretion to award a substitute prize of equal or greater value if a prize described in these Official Rules is unavailable or cannot be awarded, in whole or in part, for any reason.
The winner is responsible for all applicable federal, state and local taxes, if any, as well as any other costs and expenses associated with Prize acceptance and use not specified herein as being provided.
Only one Prize per person and per household will be awarded. Gift cards and gift certificates are subject to the terms and conditions of the issuer. Prizes cannot be transferred, redeemed for cash or substituted by winner.
A Prize Winner and his/her travel companion must travel together on the same itinerary and possess all required travel documents, including visas and valid passports, if and as applicable. It is the responsibility of a Prize Winner and their companion(s) to provide proper documentation (including government issued picture identification). All aspects of the travel portions of a Prize must be conducted on such dates as determined by Sponsor, in its sole and absolute discretion. The dates of departure and return are subject to change at Sponsor’s sole and absolute discretion. Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. All airline tickets are subject to flight variation, work stoppages, and schedule or route changes. Sponsor reserves the right to structure travel route and select hotels in their sole and absolute discretion. A Prize winner will not receive cash or any other form of compensation. The round trip air transportation element for any Prize begins and ends at the point of departure. A Prize is subject to seat and hotel availability, as well as Sponsor’s terms and conditions generally applicable thereto. If in the judgment of Sponsor air travel is not required due to Winner’s proximity to a Prize location, ground transportation will be substituted for roundtrip air travel at Sponsor’s sole and absolute discretion. The difference in value will not be awarded to any Prize Winner.
Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, Prize providers or any other persons providing any Prize-related services or accommodations. Sponsor is not liable for any missed Prize events, opportunities or expenses incurred as a consequence of flight cancellation/delay or ground transportation delay. No refund or compensation will be made in the event of the cancellation or delay of any transportation or other Prize element except at the sole and absolute discretion of Sponsor. Additional Prize award details and travel information to be provided to a Prize Winner at the time of such Prize notification. Prize Winner and companion(s) are also responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. A Prize Winner may be required to provide a credit card at the time of hotel check-in. Companion(s) of a Prize Winner must be at least the age of majority in their state of residence (which is eighteen (18) in most states but is nineteen (19) in Alabama and Nebraska and twenty-one (21) in Mississippi) as of the date of departure. Travel companion must execute liability/publicity releases prior to issuance of travel documents. Once a travel companion is selected, he/she may not be substituted, except in Sponsor’s sole and absolute discretion. Travel is subject to the terms and conditions set forth in this Sweepstakes, and those set forth by Sponsor’s transportation carrier(s) of choice. Lost, stolen or damaged airline tickets, travel vouchers or certificates will not be replaced or exchanged. All expenses not specifically mentioned herein, are not included as part of any Prize package, and are solely the Prize winner’s responsibility, including, but not limited to: hotel taxes, additional ground transportation at the Trip Prize winner’s destination(s), travel insurance, room service, bag check fees, parking fees, laundry service, food, alcoholic beverages, merchandise, souvenirs, telephone calls, tips, gratuities and service charges. Transportation carrier and hotel regulations and conditions apply. Travel and lodging are subject to availability, and any changes made to either of these will be at the expense of the Trip Prize winner. If, for whatever reason, the event associated with the Prize is cancelled after the Prize is awarded, Sponsor’s liability for the Prize is limited only to the non-event portions of the Prize. No compensation will be paid in lieu of the cancelled event. The winner is strictly prohibited from selling, auctioning, trading or otherwise transferring the tickets unless Sponsor consents in writing.
Any other gifts, certificates, Customer Appreciation Certificates, discount codes, coupons or offers provided to participants shall be considered as gifts or special offers provided by the Sponsor to participants. These items are not part of The Giveaway, and do not constitute any part of a Prize, and shall not be considered as a Prize or as winning a Prize. Recipients of any of these items can accept, reject or use these items according to their terms and conditions.
7. PRIZE DELIVERY: The Prize will be emailed to The Giveaway winner after the winner has provided Sponsor with a valid email address.
8. ODDS: The winning entry for the Prize will be chosen in a random drawing from all eligible entries during the Sweepstakes Period. Odds of winning depend on the number of eligible entries received for the drawing. Subject to verification of eligibility and compliance with these terms, the winning entry chosen as determined by the Sponsor, will be deemed the potential Prize winner. The decision of the Sponsor shall be final and binding. Sponsor reserves the right to disclose winner’s name and identity.
9. WINNER SELECTION: The Winner(s) of the Sweepstakes will be selected in a random drawing from among all eligible Entries received throughout the Promotion Period. The random drawing will be conducted about one week after the Promotion Period by Sponsor or its designated representatives, whose decisions are final. Odds of winning will vary depending on the number of eligible Entries received.
10. WINNER NOTIFICATION: Sponsor shall notify the winner of the winning via E-mail within less than fifteen (15) days of The Giveaway. The winner shall receive the Promotional Prize within less than fifteen (15) days of The Giveaway.
The winner will be notified via email at the email address they entered The Giveaway. Sponsor shall have no liability for a winner’s failure to receive notices due to winners’ spam, junk email or other security settings or for winners’ provision of incorrect or otherwise nonfunctioning contact information. If the selected winner cannot be contacted or fails to claim the Prize within 7 days from the time award notification was sent, Prize may be forfeited and an alternate winner may be selected.
Sponsor is not responsible for suspended or discontinued wireless or online service or for any change in participant’s email address which may result in a potential winner not receiving any Prize notification. In the event that, for any reason whatsoever, the Promotional Prize winner fails to respond, to the E-mail notification of his/her winning, such winning entrant shall be deemed to have forfeited his / her claim to the Prize and Sponsor shall not have any obligation whatsoever to compensate the winning entrant in any way.
Sponsor is not responsible for any delay or failure to receive notification for any reason, including inactive email account(s), technical difficulties associated therewith, or Winner’s failure to adequately monitor any email account.
The receipt by winner of the Prize offered in The Giveaway is conditioned upon compliance with any and all federal and state laws and regulations. ANY VIOLATION OF THESE OFFICIAL TERMS BY ANY WINNER (AT SPONSOR’S SOLE DISCRETION) WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS WINNER OF THE GIVEAWAY AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED
The Winner may be issued form 1099 for tax purposes. In the event that a potential Winner of a Prize is disqualified for any reason, Sponsor will award the applicable Prize to an alternate Winner by random drawing from among all remaining eligible Sweepstakes entries received. There will be three (3) alternate drawings after which the Prize will remain unawarded.
If, for any reason, more bona fide winners come forward seeking to claim Prizes in excess of the number of each type of Prize set forth in the Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of Prizes available may be selected in a random drawing from among all persons making purportedly valid claims for such Prize.
11. SPONSOR’S AUTHORITY: Sponsor’s decision is final with respect to all matters relating to awarding of the Promotional Prize and shall not be subject to review or appeal by any entrant or by any third party.
12. COMMUNICATIONS: Your participation in The Giveaway is considered your agreement that Sponsor may contact you. By submitting and entering your email address, you are agreeing to receive email newsletters from Sponsor. By submitting your entry or contacting us through Facebook, Instagram, Twitter or any other social media platform in relation to The Giveaway or by commenting on a post related to The Giveaway, you are agreeing to receive messages from Sponsor through these social media platforms. You can unsubscribe at any time. If you unsubscribe prior to the Prize winner being selected, you accept that you may no longer be eligible to win the Prize.
Any information entrants provide to Sponsor may be used to communicate with entrant in relation to any Sweepstakes or on a winner’s list. In the event of a dispute over the identity of an online entrant, entry may be deemed submitted by the registered account holder of the e-mail address associated with the entry for the domain associated with the submitted address provided that person is eligible. Winner may be required to show proof of being the registered account holder. Registered account holder is defined as the person assigned to an e-mail address by an Internet access provider, on-line service provider or other organization responsible for assigning e-mail addresses. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry may be deemed ineligible. The Sweepstakes Entities are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s e-mail account to receive e-mail messages.
13. RELEASE: By entering The Giveaway each entrant agrees to release, discharge and hold harmless the Sponsor, its legal representatives, affiliates, subsidiaries, agencies and their respective officers, directors, employees and agents from any damages whatsoever suffered or sustained in connection The Giveaway or the acceptance of the Prize.
EXCEPT WHERE PROHIBITED BY LAW, AS A CONDITION OF PARTICIPATING IN THIS PROMOTION, ENTRANT AGREES THAT (1) ANY AND ALL DISPUTES AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS PROMOTION, OR ANY PRIZES AWARDED, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
14. LIABILITY: No liability or responsibility is assumed by Sponsor or Promotion Parties resulting from participant’s participation in or attempt to participate in the Promotion or ability or inability to upload or download any information in connection with the Promotion. No responsibility or liability is assumed by the Sponsor or Promotion Parties for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Promotion: Hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online or network communication problems; errors or limitations of any Internet providers, servers, hosts or other providers; garbled, jumbled or faulty data transmissions; failure of any online transmissions to be sent or received; lost, late, delayed or intercepted transmissions; inaccessibility of the Web Site in whole or in part for any reason; traffic congestion on the Internet or Web Site; unauthorized human or non-human intervention of the operation of the Promotion, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, or worms; or destruction of any aspect of the Promotion, or loss, miscount, misdirection, inaccessibility or unavailability of the Web Site used in connection with the Promotion. Sponsor and Promotion Parties are not responsible for any typographical errors in the announcement of Prizes or these terms or any inaccurate or incorrect data contained on the Web Site. Use of Web Site is at your own risk. Sponsor and Promotion Parties are not responsible for any personal injury or property damage or losses of any kind which may be sustained to participants or any other person’s computer equipment resulting from participation in the Promotion.
By participating in a Sweepstakes, entrants agree to release, discharge and hold harmless the Sweepstakes Entities from and against any and all claims, liability, costs, losses, damages or injuries of any kind arising out of or related to entrants’ participation in a Sweepstakes and/or related to any Prize (including, without limitation, losses, damages or injuries to entrant’s or any other person’s equipment or other property, or to their persons, related to participation in a Sweepstakes; or arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property; or from any typographical, human or other error in the printing, offering, selection, operation or announcement of any Sweepstakes activity and/or Prize). Without limiting the generality of the foregoing, entrants agree that Sweepstakes Entities: (A) have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with any Sweepstakes and/or with respect to Prizes, including, without limitation, to any Prize’s quality or fitness for a particular purpose; (B) maintain no control over the personnel, equipment or operation of any air, water or surface carrier, ship line, bus or limousine company, transportation company, hotel, manufacturer or other person or entity furnishing services, products or accommodations (“Suppliers”) as a part of the Prizes provided in connection with any Sweepstakes; and (C) will not be responsible or liable for any injury, damage, loss, expense, accident, delay, inconvenience or other irregularity that may be caused or contributed to: (1) by the wrongful, negligent or unauthorized act or omission on the part of the Suppliers or any of their agents, servants, employees or independent contractors, (2) by any defect in or failure of any vehicle, equipment, instrumentality, service or product that is owned, operated, furnished or otherwise used by any of those Suppliers, (3) by the wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Sweepstakes Entities, and (4) by any cause, condition or event whatsoever beyond the control of the Sweepstakes Entities. Entrants agree that the Sweepstakes Entities shall have no responsibility or liability for discontinued Prizes; human error; incorrect or inaccurate transcription of registration and/or account information; any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, or Internet service provider utilized by Sponsor; interruption or inability to access the Website, or Sponsor or affiliated entities’ respective websites, or any online service via the Internet due to hardware or software compatibility problems; any damage to entrant’s (or any third person’s) computer and/or its contents related to or resulting from any part of a Sweepstakes; any lost/delayed data transmissions, omissions, interruptions, viruses, bugs, defects; and/or any other errors or malfunctions, even if caused by the negligence of the Sweepstakes Entities. Each entrant further agrees to indemnify and hold harmless Sweepstakes Entities from and against any and all liability resulting or arising from any Sweepstakes and to release all rights to bring any claim, action or proceeding against Sweepstakes Entities and hereby acknowledge that Sweepstakes Entities have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to a Prize, including express warranties provided exclusively by a Supplier that may be sent along with a Prize. Sponsor is not responsible for the actions of entrants in connection with any Sweepstakes, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of a Sweepstakes. Entrants further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS/HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS/HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
Except with respect to the protection and enforcement of the intellectual property rights of the Sweepstakes Entities and their rights to seek and/or obtain injunctive or equitable relief, any claim, cause of action or proceeding arising out of or relating to the the Official Rules or any Sweepstakes shall be resolved by mandatory, binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) as supplemented by AAA’s Supplementary Procedures for Consumer-Related Disputes. The arbitration shall be conducted in Sheridan, Wyoming, and the Federal Arbitration Act, and not any state law concerning arbitration, shall apply. The arbitration award shall be final and exclusive, and the prevailing party in the arbitration may file an action in court to confirm and to enforce the arbitration award. Any such action, or any claim, cause of action or proceeding not subject to arbitration as set forth in this Section, shall be filed and adjudicated in a state or federal court in Sheridan, Wyoming, and all parties agree to submit to the personal jurisdiction of those courts. Entrants irrevocably waive any rights to seek and/or obtain injunctive or other equitable relief and any defense of forum non conveniens. Should either party pursue any other judicial or administrative action with respect to any matter included within the scope of this binding arbitration provision, the responding party will be entitled to recover its costs, expenses and attorneys’ fees incurred as a result of such action. Further, any and all disputes, claims and causes of action arising out of or connected with a Sweepstakes, or any Prize awarded, will be resolved individually, without resort to any form of class action.
15. MODIFICATION: Sponsor reserves the right to alter these Terms and Conditions at any time and in its sole discretion. Sponsor reserves the right, at any time, to cancel, modify or suspend The Giveaway if, in its sole judgment, The Giveaway is not capable of being conducted as specified.
If for any reason the Promotion is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, human error, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, Sponsor reserves the right, at its sole discretion, to (a) disqualify any individual who is responsible or who tampers with the entry process, and (b) cancel, modify or terminate the Promotion.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT A PARTICIPANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEB SITE OR INTERFERE WITH THE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
16. AGREEMENT: By entering the Giveaway each entrant unreservedly agrees to these terms and conditions which govern the Giveaway and the awarding of the Prize. Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any Prize awarded or gift received shall be resolved individually, without resort to any form of class action, and exclusively by the United States Court located in Sheridan, Wyoming; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Wyoming, without giving effect to any choice of law or conflict of law rules (whether of the State of Wyoming or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Wyoming. Any action within one (1) year of the time the cause of action occurred, or the cause of action shall be forever barred.
17. SEVERABILITY: In the event that any provision of these terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
18. GOVERNING LAW: These terms and conditions and any matters relating hereto shall be governed by, and construed in accordance with the laws of the State of Wyoming.
This Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, Instagram, Twitter or any other social media platform. You understand that you are providing your information to the Sponsor and not to Facebook. Any questions, comments or complaints regarding this Promotion shall be directed to Sponsor and not to Facebook.
To obtain a copy of the Winner List or a copy of these Official Rules, send your request along with a stamped, self-addressed envelope to SPONSOR COMPANY NAME cc: SWEEPSTAKES TITLE at SPONSOR’S MAILING ADDRESS. Requests for the names of the winners must be received no later than A WINNER LIST DATE after the Promotion Period has ended.
Except where prohibited, participation in the Promotion constitutes winner’s and guest’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
19. SPONSOR: Starter Yoga, LLC. 30 N Gould St Ste 6013 Sheridan, WY 82801