TERMS AND CONDITIONS
Giveaway Entry Requirements:
- Follow iTAN on Instagram, @iTANSunSpraySpa
- Visit any of iTAN’s 30 Southern California locations
- Submit your official Giveaway entry by checking-in via Instagram and posting an in-store selfie with #SunSpraySpa November 1-16, 2014
- Be a San Diego, Riverside or Orange County resident
- Be a current iTAN Sun Spray Spa® customer or sign-up at any of iTAN’s 30 Southern California locations
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
RELEASE AND WAIVER OF LIABILITY FORM
This Release and Waiver of Liability Form (“Release and Waiver”) is entered into by and between iTAN Franchising, Inc., a California corporation (“iTAN”), and the undersigned participant (“Participant”), effective immediately upon acceptance. In consideration of iTAN accepting Participant’s entry submission and permitting Participant to participate in the Game Day Giveaway (the “Giveaway”), Participant agrees as follows:
Representation of Ability to Participate. Participant represents that they are over the age of eighteen (18) and in satisfactory physical condition and has no medical condition that would Giveaway Participant from participating in the Giveaway. Participant affirms they have read and accept the Giveaway “Terms & Conditions” and has had the opportunity to ask any questions they may have regarding the Giveaway. Employees of iTAN Franchising, Inc. (the “Sponsor”) their respective affiliates, subsidiaries, advertising and promotion agencies, suppliers and their immediate family members and/or those living in the same household of each other are not eligible to participate in the Giveaway. The Giveaway is subject to all applicable federal, state and local laws and regulations. Void where prohibited.
Release. By entering the Giveaway, Participant agrees to release, discharge, and hold harmless iTAN, its owners, officers, administrators, employees, instructors, and/or agents, as well the owners, distributors, manufacturers, wholesalers, and any other entity affiliated with iTAN, and any other person or entity connected with the Giveaway, their heirs, executors, successors, assigns, and administrators (collectively “Released Parties”) from any and all liability, claims, losses, and damages arising out of Participant’s participation in the Giveaway or any Giveaway-related activities and the acceptance and use, misuse, or possession of any prize awarded hereunder, including, without limitation, all liability for injuries, including but not limited to, personal injury, bodily injury, property damage, or loss or damage of any other kind arising in whole or in part, directly or indirectly, from delivery/non-delivery, acceptance, use or misuse of the prize or from participation in the Giveaway or any Giveaway-related activity. Participant further releases, acquits, covenants not to sue and therefore discharges the Released Parties of and from any and all actions, and knowingly, voluntarily, and expressly waives any claim Participant may have against the Released Parties for any injuries or damages (known or unknown), property damage or loss of any kind, including death, whether such injury, damage, loss, or death was caused by the alleged negligence of iTAN, another participant, or any other person or cause, which Participant may sustain as a result of participating in the Giveaway.
Indemnification. Participant further voluntarily defends, indemnifies, and holds harmless the Released Parties from any and all liabilities or claims made as a result of or relating to Participant participating in the Giveaway, including attorney’s fees, for any accident, injury, illness, death, loss, damage to person or property, or other consequences suffered by Participant or any other person arising or resulting directly or indirectly from Participant participating in the Giveaway, whether such injury, death, loss, or damage was caused by the alleged negligence of iTAN, another participant, or any other person or cause.
Severability. Participant further expressly agrees that the foregoing Release and Waiver is intended to be as broad and inclusive as is permitted by the laws of the State of California, and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
(3) Giveaway Period. Entries will be accepted online starting on or about November 1 2014 and ending November 16, 2014. All Instagram in-store selfie entries must be received by November 16, 2014 at 10:00 p.m. PST.
(4) How to Enter. The Giveaway must be entered by submitting a check-in via Instagram by posting an in-store selfie with #SunSpraySpa November 1-16, 2014. The entry must fulfill all Giveaway requirements, as specified, to be eligible to win a prize. Entries that are not complete or do not adhere to the rules or specifications may be disqualified at the sole discretion of iTAN Franchising, Inc. You may enter once per day on November 1-16, 2014. You may not enter more times than indicated by using multiple Instagram accounts, identities or devices in an attempt to circumvent the rules. If you use fraudulent methods or otherwise attempt to circumvent the rules your submission may be removed from eligibility at the sole discretion of iTAN Franchising, Inc.
(5) Prizes. One (1) Winner will receive 2 San Diego Chargers tickets to the November 23, 2014 football game. Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by the Sponsor. No cash or other prize substitution permitted except at Sponsor’s discretion. The prize is nontransferable. Any and all prize related expenses, including without limitation any and all federal, state, and/or local taxes shall be the sole responsibility of the winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by winners is permitted. Acceptance of prize constitutes permission for iTAN Franchising, Inc. to use winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
(6) Odds. The odds of winning depend on the number of eligible entries received.
(7) Winner selection and notification. The winner of the Giveaway will be selected in a random drawing under the supervision of the Sponsor. Winner will be notified via Instagram direct message within two (2) days following the winner selection. iTAN Franchising, Inc. shall have no liability for a winner’s failure to receive notices due to winners’ spam, junk e-mail or other security settings or for winners’ provision of incorrect or otherwise non-functioning contact information. If the selected winner cannot be contacted, is ineligible, fails to claim the prize within 2 days from the time award notification was sent, or fails to timely return a completed and executed declaration and releases as required, prize may be forfeited and an alternate winner selected.
The receipt by winner of the prize offered in this Giveaway is conditioned upon compliance with any and all federal and state laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES 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.
(8) Rights Granted by you. By entering this contest you understand that iTAN Franchising, Inc., anyone acting on behalf of iTAN Franchising, Inc., or its respective licensees, successors and assigns will have the right, where permitted by law, without any further notice, review or consent to print, publish, broadcast, distribute, and use, worldwide in any media now known or hereafter in perpetuity and throughout the World, your entry, including, without limitation, the entry and winner’s name, portrait, picture, voice, likeness, image or statements about the Giveaway, and biographical information as news, publicity or information and for trade, advertising, public relations and promotional purposes without any further compensation.
(9) Terms. iTAN Franchising, Inc. reserves the right, in its sole discretion to cancel, terminate, modify or suspend the Giveaway should (in its sole discretion) a virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Giveaway. In such case, iTAN Franchising, Inc. may select the recipient from all eligible entries received prior to and/or after (if appropriate) the action taken by iTAN Franchising, Inc.. iTAN Franchising, Inc. reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Giveaway or website or violates these Terms & Conditions.
iTAN Franchising, Inc. has the right, in its sole discretion, to maintain the integrity of the Giveaway, to void votes for any reason, including, but not limited to; multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Giveaway rules; or the use of bots, macros or scripts or other technical means for entering.
Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Giveaway may be a violation of criminal and civil laws and should such an attempt be made, iTAN Franchising, Inc. reserves the right to seek damages from any such person to the fullest extent permitted by law.
(10) Limitation of Liability. By entering you agree to release and hold harmless iTAN Franchising, Inc. and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such entrant’s participation in the Giveaway and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof, (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error which may occur in the administration of the Promotion or the processing of entries.
(11) Disputes. THIS Giveaway IS GOVERNED BY THE LAWS OF the United States of America AND California, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Giveaway, participant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this Giveaway, shall be resolved individually, without resort to any form of class action, exclusively before a court located in California having jurisdiction. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys’ fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Giveaway), and participant further waives all rights to have damages multiplied or increased.
(12) Privacy. iTAN Franchising, Inc. will not share entry information with any third party source. Any information collected will be utilized exclusively for determining and notifying the contest winner.
(13) Sponsor. The Sponsor of the Giveaway is iTAN Franchising, Inc. 640 East Vista Way, #D Vista CA 92084.
This Release and Waiver is governed by the laws of the State of California, and exclusive jurisdiction shall be in San Diego County, California. This Release and Waiver shall be binding on the Participant’s assignees, heirs, next of kin, executors, and personal representatives.
PARTICIPANT REPRESENTS THAT THEY HAVE CAREFULLY READ AND UNDERSTOOD THE CONTENTS OF THIS RELEASE AND WAIVER OF LIABILITY FORM. BY “SUBMITTING THEIR GIVEAWAY ENTRY”, PARTICIPANT IS EXECUTING THIS FORM VOLUNTARILY AND WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE.