Semi-Annual Sale Sweepstakes / Win a 3 Day Cruise to Mexico for 2” Official Rules (“Rules”)
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT IMPROVE YOUR CHANCES OF WINNING. INTERNET CONNECTION IS REQUIRED TO ENTER.
OVERVIEW: The “Semi-Annual Sale Sweepstakes / Win a Cruise to Mexico for 2” (“Sweepstakes”) promotes the iTAN Sun Spray Spa Semi-Annual Sale. The Sweepstakes is sponsored by iTAN Franchising Inc., 1784 La Costa Meadows Dr. Suite 101 San Marcos, CA 92078 (the “Sponsor”). This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook, Inc. You understand that at the time of entry in the Sweepstakes you will be providing your information to Sponsor and not to Facebook, Inc. Any questions, comments or complaints regarding this Sweepstakes should be addressed to Sponsor and not to Facebook, Inc.
WHO: Open only to legal residents of the forty-eight (48) contiguous Continental United States & the District of Columbia, 18 years old or older (“Entrant(s)”).
Employees (and their families) of Sponsor, iTAN Franchising, Inc., and their respective partners, divisions, subsidiaries, affiliates, licensees, distributors, advertising, promotion and public relations agencies and their respective officers, directors, employees, agents, independent contractors, representatives and agencies (collectively, the “Sweepstakes Entities”) or households of such (whether or not related), are not eligible to participate in the Sweepstakes. SEE BELOW FOR ADDITIONAL ELIGIBILITY REQUIREMENTS.
PARTICIPATION IN THE SWEEPSTAKES BY ENTRANTS IS SUBJECT AT ALL TIMES TO COMPLIANCE WITH THESE RULES AND WITH ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS (COLLECTIVELY, THE “APPLICABLE LAWS”).
SWEEPSTAKES IS VOID IN ALASKA, HAWAII, PUERTO RICO, ALL US TERRITORIES AND POSSESSIONS, OVERSEAS MILITARY INSTALLATIONS AND WHERE PROHIBITED OR RESTRICTED BY LAW.
WHEN: The Sweepstakes begins at 12:01 a.m. Pacific Time (“PT”) on July 15, 2018 and entry in the Sweepstakes ends at 11:59 p.m. PT on August 12, 2018 (the “Entry Period”).
HOW TO ENTER: To enter the Sweepstakes, during the Entry Period, eligible individuals (“you” or “your”) may visit the website at https://www.facebook.com/events/1891680687518753/ (“Sweepstakes Site”). Once connected to the Sweepstakes Event Page on Facebook, RSVP to iTAN’s Semi-Annual Sale August 10-12, 2018 by clicking “Going”, Sharing & Tagging at least 3 friends. By successfully completing the foregoing and subject to the entry limitations detailed herein, you will receive an “Entry” in the Sweepstakes. NOTE: THERE IS A LIMIT OF ONE (1) ENTRY PER PERSON FOR THE DURATION OF THE SWEEPSTAKES. For purposes of clarity and the avoidance of doubt, there is a limit of one (1) entry per person for the Sweepstakes, so utilizing additional email addresses will disqualify an Entrant.
Each individual submitting an Entry may be referred to as an Entrant.
WINNER SELECTION AND NOTIFICATION: One (1) potential Grand Prize (defined below) winner will be selected in a random drawing from among all eligible Entries on or about August 13, 2018 by iTAN Franchising, an independent judging organization. Decisions of iTAN Franchising Inc. shall be final and binding in all matters relating to this Sweepstakes. The potential Grand Prize winner will be notified by email and/or telephone on or about August 13, 2018 and will be required to execute and return required documents as detailed below. Sponsor is not responsible for any failure of attempted delivery of notice using the above-referenced notification methods.
GRAND PRIZE (1): The “Grand Prize” consists of a trip (“Trip”) for the winner and 1 travel companion on a 3-night Cruise to Mexico, November 15 – November 18, 2018 (“Cruise”) as further described below. The approximate retail value (“ARV”) of the Grand Prize is $1000. See complete Grand Prize details below.
ODDS OF WINNING: The odds of winning the Grand Prize are determined by the total number of entries received.
RULES/WINNERS LIST: For a copy of these Rules or the Winners List, send a self-addressed, stamped envelope to: The “Semi-Annual Sale Sweepstakes / Win a Cruise to Mexico for 2” – Rules and/or Winners List (please specify which), c/o iTAN Franchising Inc., 1784 La Costa Meadows Dr. Suite 101 San Marcos, CA 92078. All requests must be received by August 12, 2018. The Rules will be made available on the Sweepstakes Site throughout the Entry Period.
Any attempt by any Entrant to enter more than the stated number of times by using multiple/different email addresses, identities, registrations and logins, or any other impermissible methods will void that Entrant’s Entry and that Entrant may be disqualified, at the sole discretion of Sponsor. Use of any automated system to participate in the Sweepstakes is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, stolen, damaged, misdirected, undelivered, garbled, illegible, or otherwise defective, deficient or impermissible Entries, for postage-due mail, or for computer hardware or software failures, malfunctions, errors or difficulties of any kind, whether human, electronic, computer, mechanical, network, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of Entries, the announcement or notification of the prizes or in any Sweepstakes-related materials.
The Sponsor’s database clock will be the official timekeeper for this Sweepstakes.
For purposes of this Sweepstakes, an Entry is received online when the Sponsor’s server records the Entry information. Proof of sending (such as an automated computer receipt confirming Entry or “thanks for entering” message) does not constitute proof of actual receipt of an Entry for purposes of this Sweepstakes. Illegible and/or incomplete Entries and Entries submitted by Entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. Entrants who do not follow all of the instructions, provide all of the required information in their Entry, or abide by these Rules or other instructions of Sponsor will be disqualified
GRAND PRIZE WINNER RESPONSIBILITIES: 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.
Potential Grand Prize winner’s travel companions, if considered to be a Minor, are required to be the legally recognized child or ward (with the Grand Prize winner having legally authorized care, custody or control of same) of the named Grand Prize winner. A Minor will not be allowed to participate in any portion of the Grand Prize travel without being accompanied by his or her parent or legal guardian that is the Grand Prize Winner.
If any prize notification or prize is returned as undeliverable for any reason, Sponsor may decide, in its sole discretion, to award such prize to an alternate eligible Entrant or if time does not permit (in Sponsor’s opinion) to not award such prize.
Acceptance of Grand Prize constitutes permission (except where prohibited) granted to Sponsor to use the Grand Prize winner’s name, likeness, picture, voice, biographical information and statements for publicity, advertising, trade and promotional purposes in connection with the Sweepstakes in any and all media and manner, and by any and all means now known or hereafter devised in perpetuity worldwide without additional consideration, compensation or limitation of any kind, and without the need to get any further consent. Any and all such recordings shall at all times be owned by, and the exclusive property of, Sponsor.
Grand Prize is not transferable, assignable, or redeemable for cash. No prize substitution will be allowed. If necessary, due to unavailability of a prize for any reason, a prize of equal or greater value may be awarded at the sole discretion of the Sponsor. Grand Prize may not be sold, bartered or exchanged by Grand Prize winner. Prize is provided “as is” and without any warranty of any kind. Grand Prize winner is responsible for all taxes and fees associated with prize receipt and/or use. By accepting the prize, the Grand Prize winner acknowledges and agrees to compliance with these Rules. All federal, state and local tax liabilities are the responsibility of the Grand Prize winner.
GRAND PRIZE DESCRIPTION & CONDITIONS: The Grand Prize Trip includes the following: (i) three (3) consecutive nights cruise line accommodations (single standard stateroom with double occupancy) will be awarded (stateroom, provided meals and beverages and stateroom tax only).
Travel is subject to the restrictions and conditions set forth below. Any costs associated with Grand Prize receipt and/or use that are not expressly stated above are not included in the Grand Prize, and are the sole responsibility of the Grand Prize winner and his/her travel companions. Such costs may include, without limitation, any additional ground transportation, any unspecified state or local taxes or government surcharges or fees, including, but not limited to, airport and/or port fees, trip and travel insurance and premiums, excursions, additional meals, drinks, incidentals, gratuities, telephone calls, charges for changing dates or other personal costs and expenses not specified herein, and are the sole responsibility of the Grand Prize winner and his or her travel companions. All travel arrangements are to be administered by iTAN Franchising, Inc. or its designee. All aspects of the Grand Prize, including, but not limited to cruise line(s), are at the sole discretion of the Sponsor. Grand Prize winner and his or her travel companions will be required to travel on identical itineraries including the same departure city, departure date, destination and return date. Grand Prize winner and his or her travel companions will be required to provide valid passports at time of travel as required by airline, airport, TSA/government, cruise line and customs authorities. If Grand Prize winner elects to travel or partake in trip with fewer than one (1) or no travel companion, no additional compensation will be awarded. Cruise line accommodations must be taken together and cannot be taken separately. No changes will be made to travel details once any element(s) of the travel arrangements have been booked except at Sponsor’s sole discretion. All cruise line tickets issued in conjunction with prize are not eligible for cruise miles, points or any other promotional benefit. Sponsor or its designee will not replace any lost or stolen tickets, travel vouchers or certificates or similar items once they are in the Grand Prize winner’s possession, or in the possession of the Grand Prize winner’s travel companions. Grand Prize travel is subject to capacity controls, availability, holiday and other blackout dates and certain other restrictions and conditions, which may include a Saturday night stay, all of which are subject to change. No additional prize element will be substituted. Sweepstakes Entities are not responsible for changes in any element of Grand Prize schedule. No stopovers are permitted on cruise tickets issued as the Grand Prize; if a stopover occurs, the Grand Prize will terminate and full fare will be charged from the stopover point for the remaining trip segment(s), including the return. Once arrangements have been confirmed, no changes will be allowed except by Sponsor at its sole discretion. Any unclaimed and/or unused Grand Prize travel package will remain the property of Sponsor. No substitutions by Grand Prize winner are allowed.
Awarding of Grand Prize is subject to the Grand Prize winner’s acceptance of all requisite conditions within these Rules and Grand Prize winner’s ability and agreement to grant the rights set forth in these Rules and all required documents detailed herein.
RELEASES: The Sweepstakes Entities, Facebook, Inc., and any and all Internet server(s) and access provider(s), and each of their respective affiliates, subsidiaries, parent corporations, retailers and advertising and promotion agencies, and all of their officers, directors, shareholders, employees and agents (collectively, “Releasees”) are not responsible for: any incorrect or inaccurate Entry information; human errors; technical malfunctions; failures, omissions, interruptions, deletions or defects of any telephone network, computer online systems, computer equipment, servers, providers, or software, including without limitation any injury or damage to participant’s or any other person’s computer relating to or resulting from participation in the Sweepstakes; inability to access any website or application; theft, tampering, destruction, or unauthorized access to, or alteration of, Entries; data that is processed late or incorrectly or is incomplete or lost due to telephone, computer or electronic malfunction or traffic congestion on telephone lines or the Internet or any web site or for any other reason whatsoever; typographical, printing or other errors; any mail requests which are late, lost, incomplete, misdirected, stolen, mutilated, illegible, or postage due, or any combination thereof. Proof of attempting to submit an Entry is not considered proof of delivery or receipt. Illegible, incomplete and Entries in excess of the limits stated above will be disqualified. All Entries become the property of the Sponsor and will not be acknowledged or returned. False, fraudulent or deceptive Entries or acts shall render Entrants ineligible. By entering the Sweepstakes, Entrants affirm that they have read and accepted these Rules.
GOVERNING LAW/LIMITATION OF LIABILITY: All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules or the rights and obligations of Entrants and Releasees in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws. By entering the Sweepstakes, Entrants hereby submit to the jurisdiction and venue of the federal and state courts of San Diego County, California, United States and waive the right to have disputes arising out of the subject matter hereof adjudicated in any other forum.
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED FIFTY DOLLARS ($50.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED FIFTY DOLLARS ($50.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
FORCE MAJEURE: Releasees shall not be liable to Grand Prize winner or any other person for failure to supply a prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, network or computer problems, internet problems, hacking, computer viruses, unauthorized computer access, tampering, or any other cause beyond Sponsor’s sole control. Releasees shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by the cruise line(s) or other transportation companies or any other persons providing any of these services and accommodations to passengers including any results thereof such as changes in services or accommodations necessitated by same. Releasees’ legal responsibility for loss or damage to baggage shall be strictly governed by the Warsaw Convention and the other applicable conditions of carriage set forth on the passengers’ tickets.
GENERAL: If for any reason this Sweepstakes is not capable of running as planned, or if this Sweepstakes or any web site associated therewith (or any portion(s) thereof) becomes corrupted or does not allow the proper playing of the Sweepstakes and processing of Entries in accordance with these Rules, or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by Entrants, fraud, technical failures, or any other causes, in the Sponsor’s sole opinion, corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, the Sponsor reserves the right, at its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, modify, or suspend this Sweepstakes or any portion thereof. In the event this Sweepstakes is canceled, the Sponsor may (at Sponsor’s sole discretion) conduct a random drawing to award the stated prize from among all eligible, non-suspect Entries received prior to the time of the action or event warranting such cancellation. If such cancellation, termination, modification, or suspension occurs, notification will be posted at the Sweepstakes Site. The Releasees are not responsible for the actions of Entrants in connection with the Sweepstakes, including Entrants’ attempts to circumvent the Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes. Persons found tampering with or abusing any aspect of this Sweepstakes, or whom Sponsor believes to be causing malfunction, error, disruption or damage may be disqualified. Additionally, any attempt to cheat the Sweepstakes, as determined at the sole and absolute discretion of Sponsor, may result in immediate disqualification of the Entrant, as well as other possible consequences, including disqualification from any and all existing and future sweepstakes, contest or promotion. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DAMAGE ANY WEB SITE, OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
If a dispute arises about who submitted an Entry, the Entry will be deemed submitted by the authorized account holder of the email address used. The authorized account holder of the email address is deemed the natural person who is assigned to an email address by an Internet access provider, service provider, or other online organization that is responsible for assigning email addresses for the domain associated with the submitted email address. A potential Grand Prize Winner may be requested to provide the Sponsor with proof that he/she is the authorized account holder of the email address associated with the winning Entry and that all eligibility requirements are met.
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 will be deemed ineligible. The Releasees 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 email account to receive email messages. Also, the Releasees are not responsible, and may disqualify an Entrant, if his or her email address or telephone number does not work or if either is changed without Entrant giving prior written notice to Sponsor.
NOTE: Entry must be made by the Entrant only as detailed above. Entries made by any other individual or any entity, and/or originating at any other web site or email address, including, but not limited to, commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means are void and may be disqualified. The use of any device or software to automate the Entry process is prohibited. Entries or other Sweepstakes materials that are incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late, misdirected, postage due, deceptive, in greater quantity than the limit stated above or otherwise not in compliance with the Rules may be disqualified from the Sweepstakes at Sponsor’s sole and absolute discretion.
NO INJUNCTIVE RELIEF: EACH ENTRANT UNDERSTANDS AND AGREES THAT HE/SHE SHALL HAVE NO RIGHT TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, ADVERTISING, PROMOTION, DISTRIBUTION OR EXPLOITATION OF THE SWEEPSTAKES, OR ANY OTHER PRODUCTION OR PROJECT OF SPONSOR OR ANY OF ITS AFFILIATES.
iTAN Franchising, Inc., 1784 La Costa Meadows Dr. Suite 101 San Marcos, CA 92078. Administrator is not the supplier or guarantor of any prize.
iTAN Franchising, Inc., 1784 La Costa Meadows Dr. Suite 101 San Marcos, CA 92078. © 2018 iTAN Franchising, Inc. All Rights Reserved.
NO PURCHASE OR PAYMENT IS NECESSARY. INTERNET CONNECTION IS REQUIRED TO ENTER. Purchase or payment will not improve your chances of winning. Sweepstakes starts 12:01 am PT on 7/15/18 and ends 11:59 pm PT on 8/12/18. Open only to legal residents of 48 contiguous Continental U.S. & DC 13 or older. Limit 1 entry per person. Subject to Official Rules at http://www.itan.com/giveaway. See http://www.itan.com/giveaway for complete details. Void where prohibited. Sponsor: iTAN Franchising, Inc.
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.