“Massage Envy Spa Supporting Teachers in the Twin Cities” Contest

“Massage Envy Spa Supporting Teachers in the Twin Cities” Contest O ffic ia l R u le s N O P U R C H A S E O R P A Y M E N T O F A N Y K IN D IS N E C E S S A R Y T O E N T E R O R W IN T H IS C O N T E S T . A P U R C H A S E O R P A Y M E N T O F A N Y K IN D W IL L N O T IN C R E A S E Y O U R C H A N C E S O F W IN N IN G . 1. Eligibility: The “Massage Envy Spa Supporting Teachers in the Twin Cities” Contest (the “Contest”) begins on at 9:00:01 a.m. Central Time ("CT") on April 29, 2015, and ends at 11:59:59 p.m. CT on May 27, 2015 (the "Contest Period”) and is open only to legal residents of the Minnesota and Wisconsin, and are at least 13 years of age or older at the time of entry. Employees of Massage Envy Spa (“Sponsor”), KTMY-­‐FM, LLC (“Administrator”), and their respective parent, subsidiary and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employees are not eligible to participate. The Contest is subject to all applicable federal, state, and local laws and regulations. Void where prohibited. Participation constitutes entrant’s (or entrant’s parent/legal guardian if entrant is under 18 years of age) full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Contest. Winning the prize is contingent upon fulfilling all requirements set forth herein. 2. How to Enter: To enter the Contest, entrant (“Entrant”) must visit Massage Envy Spa Twin Cities page on Facebook at any time during the Contest Period, find the Contest tile on the main Facebook page (“Website”), and complete the entry form, which includes your name, email address, zip code, and daytime telephone number, along with the name, school or organization, and grade level (if applicable) of the teacher you are nominating. The Entrant may nominate herself/himself. Once you have completed the entry form, click “submit” and follow the on-­‐screen instructions to submit your original essay what is remarkable about the nominee and how he/she has impacted nominator by going above and beyond the call of duty. The entry form and submission will collectively be referred to as a Submission. Limit: One (1) Submission per person/household throughout the entire Contest Period. Multiple Submissions by the same Entrant are not permitted. Multiple Entrants for on a single Submission are not permitted. Any attempt by any Entrant to enter more than the stated number of Submissions by using multiple/different email addresses, identities, registrations, or any other methods will void that Entrant's Submissions and that Entrant may be disqualified at Sponsor’s sole discretion. Sponsor’s computer is the official time-­‐keeping device for the Contest. Any use of robotic, repetitive, automatic, programmed or similar entry methods or agents will void all entries made by, or associated with, the applicable Entrant. In the event of a dispute over who submitted a Submission, the authorized subscriber of the e-­‐mail account provided in connection with the Submission, as of the actual time of entry will be deemed to be the Entrant. The “authorized account subscriber” is defined as the natural person who is assigned an e-­‐mail address by an Internet access provider, online service provider or other organization (e.g. business, education, institution, etc.) that is responsible for assigning e-­‐mail addresses for the domain associated with the submitted e-­‐mail address. This Contest is not sponsored, endorsed, administered by or associated with Facebook. By entering, you are providing the information to Sponsor, and not to Facebook. 3. Submission Terms: A. Submission Terms: i.
Entrants (or Entrant’s parent/legal guardian if Entrant is under 18 years of age) agree to and understand that Submissions will be made available to the public, including without limitation, posting on the Internet. Whether or not Submissions are published on the Internet, Sponsor does not guarantee any confidentiality with respect to any Submissions. ii. Each Submission must be an original creation of the submitting Entrant which is under no restriction, contractual or otherwise, that will prevent Sponsor’s use of the Submission and each Submission must be free of any and all liens, encumbrances and claims of third parties. Entrant (or Entrant’s parent/legal guardian if Entrant is under 18 years of age) acknowledges, agrees and warrants that, nothing in the Submission infringes on any copyrights, confidential information, trade secrets or trademarks belonging to any person or entity other than the Entrant absent a suitable license, clearance or permission agreement (proof of which is required upon submission), or violates any person's rights of privacy or publicity and that all necessary releases and permissions have been secured. Entrant (or Entrant’s parent/legal guardian if Entrant is under 18 years of age) agrees to indemnify and hold harmless each of Sponsor and Administrator, and each of their owners, officers, directors, employees, franchisees and affiliated organizations, and their respective officers, directors and employees, from and against any and all claims, demands, damages, costs, liabilities and causes of action of whatsoever nature that are based upon or arise out of any breach by Entrant of these Official Rules or the warranties and representations made by Entrant in this paragraph. Modifying, enhancing or altering a third party’s preexisting work does not qualify as Entrant’s original creation. iii. By uploading the Submission, the Entrant (or Entrant’s parent/legal guardian if Entrant is under 18 years of age) agrees, for no compensation, to grant to Sponsor all intellectual property rights in the Submission and each of its constituent parts, which rights include, without limitation, the Sponsor’s right to publish, make available to the public and/or reproduce the Submission through any media available at any time during, or after, the Contest Period on any medium, in any promotional materials, whether related or un-­‐related to the Contest, and at any other location, whether physical or online, that Sponsor, in its sole discretion, deems appropriate and necessary for the operation and promotion of this Contest. In addition, Entrant (or Entrant’s parent/legal guardian if Entrant is under 18 years of age) agrees to release, defend, indemnify and hold harmless each of Sponsor and Administrator, and each of their owners, employees, directors, officers, agents, franchisees, subcontractors, and licensees from all claims, demands, and causes of action of any nature whatsoever which Entrant or Entrant’s heirs, representatives, executors, administrators, or any other persons acting on Entrant’s behalf or on behalf of Entrant’s estate, have or may have by reason of: (i) Sponsor’s exercise of any rights granted by Entrant in this paragraph; (ii) claims based on violation of any right of publicity or rights of personality, infringement of copyright or trademark, libel, slander, defamation, invasion of privacy, loss of earnings or potential earnings in connection with Sponsor’s use of the Entry and any portion thereof, or the likeness of any natural person therein. Failure of any Submission to comply with the above terms as determined by Sponsor, in its sole discretion, may result in disqualification of Entrant. Without limitation, Sponsor reserves the right in its sole discretion to disqualify any Submission that, in their sole opinion, refers, depicts or in any way reflects negatively upon the Sponsor, the Contest or any other person or entity, does not comply with these Official Rules or if Sponsor receives notification about any potential infringements or breaches of law or any other reason set forth herein. All Submissions shall become the exclusive property of Sponsor and will not be acknowledged or returned. 4. How Winner is Determined/Judging Criteria: All qualifying Submissions will be judged by Administrator, on or about May 28, 2015, using the following judging criteria (“Judging Criteria”): • The Submission states the teacher’s overall involvement with students (25%); and • The Submission demonstrates how the teacher has gone above and beyond the call of duty (25%); • The Submission that demonstrates the impact the teacher has had on his/her student’s lives(25%); and • The Submission that demonstrates the dedication the teacher being nominated brings to the teaching profession(25%). The top scoring Submission using the Judging Criteria above will be deemed the Grand Prize winner. In the event of a tie, the Submission with the highest score in the demonstrating how the teacher has gone above and beyond the call of duty criteria will be deemed the winner from among all tying Submissions. PLEASE NOTE: The person submitting the entry will be deemed the Grand Prize winner, and not the nominee. 5. Prize/Approximate Retail Value: One (1) Grand Prize: The Grand Prize Winner will receive: a FREE Massage Envy 1-­‐hour massage gift card; one (1) FREE Massage Envy 1-­‐hour massage gift card for the nominee in the winning Submission, along with nine (9) additional FREE Massage Envy 1-­‐hour massage gift cards to distribute to his/her fellow teachers in his/her school. ARV: $429.00. Prize consists of only those items as specifically listed as part of the prize. Gift cards and massage treatment are subject to the terms, conditions and restrictions as provided by Massage Envy. Winner is solely responsible for all applicable local, state and federal taxes on any prize. Prize is delivered “as is” and Sponsor makes no additional warranties or guarantees as to the products. In the event winner is under the age of 18, his/her parent/legal guardian must accompany the winner to the Massage appointment. 6. Winner notification: Sponsor is an independent judging organization whose decisions as to the administration and operation of the Contest and the selection of the potential winners is final and binding in all matters related to the Contest. Potential winner will be notified by telephone or email on or about May 28, 2015, or as soon thereafter as reasonably practicable. As a condition of being named an official winner, the winner must claim his/her prize within 5 days from notification at Administrator’s office at: HBI Radio, 3415 University Avenue, St. Paul, MN 55114 during normal business hours. When claiming the prize, the winner must prove he or she is a qualified winner by presenting identification acceptable to the Administrator (e.g., state drivers license, state issued identification card; valid passport with address verification; or birth certificate with social security card and photo identification and address verification). If the winner cannot prove he or she is the qualified winner, another winner will be chosen from the remaining eligible entries received. Any unclaimed prize remains the property of Sponsor. Each winner may also be required to execute a Publicity (where legal) and Liability Release (“Release”) upon claiming the prize. Administrator is an independent judging organization, whose decisions are final on all matters relating to this Contest. 7. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, 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. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Except where prohibited, participation in the Contest constitutes each winner’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. 8. Limitations of Liability: Neither Sponsor, Administrator, nor their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) are responsible for: (1) any incorrect or inaccurate information, whether caused by Entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Contest or receipt or use or misuse of any prize. If for any reason an Entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Entrant’s sole remedy is another entry in the Contest, if it is possible. If the Contest, or any part of it, is discontinued for any reason, Sponsor, in its sole discretion, may elect to judge all qualifying Submissions received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. By receipt of any prize or submitting a Submission, Entrants (or Entrant’s parent/legal guardian if Entrant is under 18 years of age) agree to release and hold harmless the Released Parties from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize or participation in any Contest-­‐related activity and for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery. 9. Disputes: Entrants (or Entrant’s parent/legal guardian if Entrant is under 18 years of age) agree that: (a) any and all disputes, claims and causes of action arising out of or connected with this Contest or its associated winner selection and/or notification (the "Contest Administration") shall be resolved individually, without resort to any form of class action, and exclusively by the State of Minnesota; and (b) under no circumstances will Entrants be permitted to obtain awards for and entrants hereby waive all rights to claim 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrants and Sponsor in connection with the Contest Administration, shall be governed by, and construed in accordance with, the laws of the Minnesota, without giving effect to any choice of law or conflict of law rules. 10. Entrant's Personal Information: Entry in the Contest constitutes consent of Entrant (or Entrant’s parent/legal guardian if Entrant is under 18 years of age) to use personal information collected from the Entrant for purposes of administering the Contest and for such other purposes to which Entrant may consent as outlined herein or on the Website. Information collected from Entrants is subject to Sponsor’s Privacy Policy. 11. Request for Winner List and Official Rules: For the name of the winner and/or Official Rules, see the Website, posted until June 15, 2015. 12. Sponsor: Massage Envy Spa Twin Cities locations in Minnesota and Western Wisconsin.