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NYC Spa Day Sweepstakes Official Rules



Official Rules


1.         ELIGIBILITY: NYC Spa Day Sweepstakes (the "Sweepstakes") is open only to legal residents of the United States (excluding Rhode Island and Puerto Rico) who are at least eighteen (18) years old at the time of entry.   Entries originating from other jurisdictions are not eligible. This Sweepstakes is void in Rhode Island and Puerto Rico and wherever else prohibited, taxed or restricted by law.

Employees of Aetrex Worldwide, Inc. (“Aetrex” or “Sponsor”) and its subsidiaries, affiliates, prize suppliers, retailers, merchants, and advertising and promotional agencies, as well as their immediate families (spouses, parents, children, siblings and their spouses) and individuals living in the same households as such employees are ineligible.  

Participation constitutes entrant’s full and unconditional agreement to be bound by these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.

2.         TIMING: The Sweepstakes begins on October 5, 2012 at 12:00 a.m. Eastern Time ("ET") and ends on November 3, 2012 at 11:59 p.m. ET (the "Entry Period"). Aetrex’s computer is the official time keeping device for this Sweepstakes.

3.         HOW TO ENTER:

Purchase any footwear in October at the Aetrex Englewood store (16-18 East Palisade Ave., Englewood, NJ 07631) and you will be automatically entered to win or; Fill out the Sweepstakes entry form (no purchase necessary) and submit in-store. No other form of entries outside of this way to enter will be accepted, like mailed entries, telephone entries, etc.  By entering into the Sweepstakes, each participant acknowledges that he/she agrees to the terms and conditions of these Official Rules. 

4.         LIMITATIONS:  Each participant may enter the Sweepstakes one (1) time. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant, at Sponsor’s sole discretion, may be disqualified. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected registrations, which will be deemed ineligible and disqualified. In the event of a dispute as to any registration or entry, the authorized account holder of the email address used to register will be deemed to be the registrant. The "authorized account holder" of an email address, is defined as the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winner may be required to show proof of being the authorized account holder. No facsimile, mechanical reproduced, altered or forged entries are permitted. Proof of entry does not constitute proof of receipt by Sponsor.

5.         WINNING & VERIFICATION:  Sponsor will randomly select one (1) potential Sweepstakes. Potential winner will be notified by e-mail, telephone, or ordinary mail within thirty (30) days of selection. The potential winner shall be required to sign, notarize and return an Affidavit of Eligibility, Liability & Publicity Release (the “Affidavit”), W-9 form and copy of an official State Drivers License/ID, which must be received by Sponsor within ten (10) days of the date notice or attempted notice is sent, in order to claim his/her prize. If a potential winner cannot be contacted, fails to sign and return the Affidavit within the required time period, or a prize is returned as undeliverable, the potential winner forfeits the prize.

Upon prize forfeiture, no compensation will be awarded. If any winner is considered a minor in his/her jurisdiction of residence, such prize will be delivered to the minor’s parent/legal guardian and awarded in the name of the parent/legal guardian. In the event that the potential winner is disqualified for any reason, Sponsor will award the prize to an alternate winner by random drawing from among all remaining eligible entries. There will be two (2) alternate drawings after which the prize will remain unawarded.

Sponsor’s decisions as to the administration and operation of the Sweepstakes and the selection of potential winners shall be final and binding in all matters related to the Sweepstakes. Potential winners must continue to comply with all terms and conditions of these Official Rules; and winning is contingent upon fulfilling all requirements.

6.         PRIZE:  The prize awarded to the winner consists of the right to receive one day at the NY Mandarin Oriental Spa with round trip limo transportation, valued at $1,000.00.

Upon verifying the winner, Sponsor will provide the winner with instructions on how to redeem and receive the prize. Winners are solely responsible for following instructions and redeeming their prize, and Sponsor is not responsible for providing reminders, nor will Sponsor provide reminders.  Failure by winners to redeem the prize shall constitute a forfeiture of the prize.

Prize must be redeemed by the winner by the end of business (5:00pm EST) November 10th, 2012. Prize cannot be extended beyond the validity dates.  The prize has no cash equivalent and the prize is non-transferable. No substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winner is solely responsible for all taxes and fees associated with prize receipt and/or use.

 Prize has no cash or redemption value, and includes service charge and sales tax.  Prize is not transferable and may not be transferred, assigned or bequeathed, and may not be transferred upon death or otherwise by operation of law.

7.         ODDS OF WINNING:   Odds of winning the prize depend on the number of eligible entries received during the Sweepstakes Entry Period.

8.         PUBLICITY: Except where prohibited by law, by accepting the prize, winner grants to Sponsor and its agents the right to use winner’s name, image, likeness, photograph, voice, opinions and/or hometown, state, and biographical information for promotional purposes in perpetuity, worldwide, in any media, including, without limitation, on the Internet or via wireless application protocol or any other means, without further permission, payment or consideration.

9.         GENERAL CONDITIONS:  Sponsor reserves the right to cancel, terminate, suspend and/or modify the Sweepstakes, 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 Sweepstakes, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award prizes at random from among the eligible entries received up to the time of the impairment. 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 Sweepstakes or to be acting in violation of these Official Rules or any other Sweepstakes or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes 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. Sponsor is not responsible if Sweepstakes cannot take place or if the prize cannot be awarded due to delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism. Entrants who do not comply with these Official Rules, or attempt to interfere with this Sweepstakes in any way shall be disqualified.

10.        RELEASE:  By participating, entrants and winners hereby agree to release and hold harmless Aetrex, and its parent company, subsidiaries, affiliates, suppliers, distributors, representatives, servants, employees, merchants, vendors, advertising/Sweepstakes agencies and each of their respective parent companies and each such company’s officers, directors, employees, representatives, servants, merchants, and agents (collectively, the “Released Parties”) from and against any claim or cause of action, for any loss, harm, damage, injury, cost or expense, whatsoever including, but not limited to, personal injury, death, or damage to or loss of property, arising out of or in connection with preparation for, travel to or participation in the Sweepstakes or possession, acceptance, receipt, use or misuse of any prize or participation in any Sweepstakes-related activity and for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery.

11.        LIMITATIONS OF LIABILITY: The Released Parties are not 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 Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in cellular networks, internet, the scanning devices, phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (5) 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 Sweepstakes 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 Sweepstakes, provided that if it is not possible to award another entry due to discontinuance of the Sweepstakes, or any part of it, for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for the prize offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.

12.        APPLICABLE LAW & DISPUTES: This Sweepstakes is governed exclusively by the laws of the United States and the State of New Jersey.  Except where prohibited by applicable law, participants in this Sweepstakes agrees that: (1) any and all disputes, claims and causes of action arising out of or related to this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate state (Bergen County) or federal court (Newark) located in the State of New Jersey; and; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (3) under no circumstances shall 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 participants and Sponsor in connection with the Sweepstakes, shall be governed by, and construed exclusively in accordance with, the laws of the State of New Jersey, without giving effect to any choice of law or conflict of law rules (whether of the State of New Jersey or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New Jersey.

13.        USE OF PERSONAL INFORMATION:  The name, e-mail address, and other information provided by an entrant will be used by the Sponsor for use in winner selection & notification in accordance with the Official Rules.  Additionally, Sweepstakes entrants’ information provided may be used by the Sponsor for product research purposes.  Also, Sponsor may contact entrants for marketing purposes via all media types including but not limited to e-mail correspondence. The handling of personal information by Sponsor is pursuant to its privacy policy which may be found at www.aetrex.com.  By participating in the Sweepstakes, entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s privacy policy.

14.        WINNERS LIST: Winner lists will be posted on the Sponsor’s website at: aetrex.com, or for a list of winners, you may write to Sponsor at the address below, enclosing a self-addressed stamped envelope, attention “NYC Spa Day Sweepstakes, Winner List Request”

15.        Sponsor: The sole sponsor of this Sweepstakes is Aetrex Worldwide, Inc., 414 Alfred Avenue, Teaneck, NJ  07666.