OFFICIAL RULES

THIS CONTEST IS INTENDED FOR PLAY IN 50 THE UNITED STATES AND D.C. ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN ONE OF THE 50 UNITED STATES OR D.C. AT THE TIME OF ENTRY.

1. NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. The Spa Week iPhone 6 Contest (the “Contest”) is only open to persons who are legal residents of the 50 United States and District of Columbia who are 18 years of age or older, at the time of entry. Employees, officers and directors of Interactive Wellness Group, LLC (“Sponsor”) and the Sponsor’s Affiliates, and each such person’s immediate families (children, spouse, parents, siblings and the spouses of each) and those living in the same household as each such person, whether or not related, are not eligible to enter or win. For the purposes of this Contest, “Sponsor’s Affiliates” shall be defined as all entities associated with Sponsor for purposes of this Contest, including subsidiaries, affiliated companies and judges involved with the Contest.

2. CONTEST PERIOD: The Contest Period begins October 2, 2014 at 12:01 a.m. EST, and ends October 31, 2014 at 11:59 p.m. EST the (“Contest Period”). Entries must be received and recorded by Sponsor’s computer during the Contest Period. Sponsor’s computer is the official time keeping device for the Contest.

3. TO PARTICIPATE: There are two (2) methods for entry into this Contest.

Entry Method #1: Go to www.spaweek.com between October 6, 2014 and October 7, 2014 and purchase a Spa & Wellness Gift Card in any amount.

Entry Method #2:  You must follow @SpaWeek on Instagram and upload a picture to Instagram depicting what makes you smile. You must tag @SpaWeek in the photo using the “Tag People” tool and also use the hashtag #HappinessIsWellness and then upload. One (1)  picture equals one (1)  entry. You are permitted unlimited entries during the Entry Period. See Section 4 for Photo Submission Guidelines.

Entries received without all required information will not be accepted. By participating, you agree to be bound by these Official Rules (the “Rules”) and the decisions of the judges, which are final and binding in all respects. Contest is subject to applicable federal, state and local laws and regulations.

By submitting an Entry, you hereby grant Sponsor and others with Sponsor’s consent, the right to copy, distribute, publish, display and otherwise use your Photo(s) for purposes of the this Contest or for any advertising or publicity on behalf of the Sponsor. You agree that the Photo(s) may be cropped, edited, electronically manipulated or otherwise altered. You certify that you are the photographer and sole copyright owner of the submitted Photo(s), and you have obtained consent of all identifiable persons shown in the Photo(s) for use by Sponsor as set forth herein.

All Entries and materials submitted become the property of the Sponsor and will not be acknowledged or returned. Please see the Website’s privacy policy located at www.SpaWeek.com/go/privacypolicy for details of Website’s policy regarding the personal information collected in connection with this Contest.

4. PHOTO SUBMISSION GUIDELINES:

  • Photo may not be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any dangerous activity;
  • Photo may not promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
  • Photo may not be obscene or offensive, endorse any form of hate or hate group;
  • Photo may not defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies;
  • Photo may not contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, without permission, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
  • Photo may not contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media) without permission;
  • Photo may not include images of corporate logos, trademarks, identities, or other proprietary materials owned by others such as television shows, magazines, or Web pages, without permission.
  • Photo may not contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission;
  • Photo may not communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and
  • Photo may not depict, and cannot itself, be in violation of any law.

If you think that any Photo infringes your intellectual property rights, email info@SpaWeekMedia.com if you wish to report it.

ENTRIES POSTED TO THE WEBSITE WERE NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants.

5. WINNER SELECTION: Winners will be selected on or about November 10, 2014 by the Sponsor from among all eligible Entries received on or before October 31, 2014.The Winners will be chosen by a panel of judges, established by IWG, who will evaluate all eligible entries and determine the Winners based the quality of the submission. All decisions regarding this Contest are final and binding in all respects. In the event of a tie, the Winner will be chosen at random by the Sponsor.

6. PRIZES: There will be one (1) Grand Prize Winner. The Grand Prize Winner will receive one (1) iPhone 6. Approximate Retail Value (“ARV”) of Grand Prize: USD $649.00.

The difference between any stated prize value and actual prize value will not be awarded. Prizes are non-transferable and no cash equivalent or substitution of Prize is offered, except at the sole discretion of the Sponsor. If a Prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute Prize with another Prize of equal or greater value.

7. WINNER NOTIFICATION: Winner will be notified and announced publically on Facebook and Instagram on or around November 10, 2014. If a Winner is found not to be eligible or not in compliance with these Rules, the Prize may be forfeited. Sponsor is not responsible for any change of email, mailing address and/or telephone number of Entrants.

8. GENERAL CONDITIONS: BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT HIS/HER ENTRY MAY BE POSTED ON SPONSOR’S WEBSITE, IN SPONSOR’S DISCRETION. By participating, Entrants agree to these Rules, which are final and binding in all respects. Winners may be required to complete, execute, and return an Affidavit of Eligibility and, where lawful, Publicity Release upon request. If Affidavit/Release is not returned within ten (10) business days of notification or winner is found to be ineligible or not in compliance with these Rules, prize will be forfeited. If Affidavit/Release is not required, prizes will be shipped within 4-6 weeks of notification. If any prize notification or prize is returned as undeliverable or if winner is disqualified for any reason, prize may be forfeited. By entering, each Entrant agrees to release and hold Sponsor, Sponsor’s Affiliates, and the officers, directors, employees, representatives, contractors, and agents of each such entity (“Released Parties”) harmless from any and all liability whatsoever for any injury, loss, or damage of any kind to any person or property resulting from (i) acceptance, possession, or use or misuse of any prize, (ii) participation in this Contest or any Contest-related activities, or (iii) use of the Entry in any manner. Except where legally prohibited, each winner grants (and will confirm that grant in writing) permission to Sponsor and Released Parties, exercised in their sole discretion, the right to use the winner’s name, picture, likeness, voice, biographical information, and Entry (whether altered, changed, modified, edited, used alone, or used with other works) at any time, in any form, in any media, without compensation of any kind and without notice, review, or approval. By submitting an Entry, each Entrant warrants that (i) the Entry does not violate any law or regulation or any right of any third party, including those laws, regulations, and rights related to copyrights, trademarks, publicity, or privacy, (ii) the Entrant has followed the Rules and has the right to grant the rights to his/her Entry as provided in these Rules, (iii) the Entry has not been published or submitted in any other competition; (iv) the Entry has not won previous awards; and (v) that publication of the Entry via various media including Web posting, will not infringe on the rights of any third party. Any such entrant will indemnify and hold harmless, Sponsor and Released Parties from any claims to the contrary. Entrants further agree that submission of an Entry is gratuitous and made without restriction, and will not place Sponsor under any obligation that Sponsor is free to disclose or otherwise disclose the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to entrant. Entrants acknowledge that, by acceptance of your submission, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than entrant. Sponsor reserves the right to screen Entries, but may post Entries to the Website without editing or other prior review. Entrants acknowledge that Sponsor has no obligation to use or post an Entry. By accepting a Prize, each Winner agrees that his/her Entry will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the winner irrevocably assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her Entry, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Winners hereby waive in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that winner may now or later have to their Entry. Sponsor reserves the right to alter, change or modify the winning Entries, in its sole discretion. Upon request of Sponsor, winners shall each execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to their Entry and of the copyrights transferred and “Moral Rights of Authors” waived under these Rules. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment. By entering, Entrants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, Entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of State of New York without giving effect to any choice of law or conflict of law rules. By entering, Entrants consent to the jurisdiction and venue of the federal, state and local courts located in New York, New York.

9. LIABILITY LIMITATIONS: Neither Sponsor nor Released Parties are responsible or otherwise liable in any manner for any (i) lost, late, stolen, illegible, misdirected, non-delivered, or improperly captured Entry, (ii) lost, interrupted, or unavailable satellite, network, server, or other connection, (iii) accessibility or traffic congestion, miscommunication, or failed computer, network, telephone, satellite, cable, transmission line, or communication line, (iv) technical failure, malfunction, or difficulty, whether related to software or hardware, (v) jumbled, scrambled, delayed, or misdirected transmission, (vi) incorrect, incomplete, or inaccurate information or typographical errors, (vii) unauthorized access to, tampering with, or hacking into any Website or electronic device, or (viii) other error, omission, interruption, deletion, defect, or delay of any kind whether human, mechanical, electronic or network. Sponsor may, at its sole discretion, disqualify any individual who tampers with any Entry or with the operation of the Contest, who acts in violation of these Rules or otherwise in a non-sportsmanlike or disruptive manner, or who displays any intent to threaten, abuse or harass any other person. If, for any reason, the Contest is affected by any computer virus, worm, bug, tampering, hacking, unauthorized intervention, fraud, technical failure or other cause which, in the sole opinion of Sponsor, corrupts or otherwise affects the administration, security, fairness, integrity or proper conduct of this Contest, Sponsor may in its sole discretion cancel, terminate, modify, or suspend the Contest, and determine winners from Entries already received or as otherwise deemed fair and equitable by Sponsor. As a condition of entering, Entrants (or their parent or legal guardian if an eligible minor) agree (and agree to confirm in writing) that: (a) under no circumstances will entrant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (b) all causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (c) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs. Winner acknowledges that Sponsor nor Released Parties have not 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 any prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose. Any and all warranties and/or guarantees on a prize (if any) are subject to the respective manufacturers’ terms therefore, and winners agree to look solely to such manufacturers for any such warranty and/or guarantee. IN NO EVENT WILL SPONSOR OR RELEASED PARTIES BE RESPONSIBLE OR OTHERWISE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RELATED TO THE CONTEST, INCLUDING ANY ACCESS TO OR USE OF THE WEBSITE OR ANY DOWNLOADING FROM OR PRINTING MATERIAL FROM THE WEBSITE. EVERYTHING ON THE WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

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