Michael Phelps "Swim Spa Challenge" Sweepstakes
Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS SWEEPSTAKES IS INTENDED FOR VIEWING IN THE UNITED STATES ONLY AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. VOID WHERE PROHIBITED.
I. SWEEPSTAKES PERIOD: The Michael Phelps "Swim Spa Challenge" Sweepstakes (the "Sweepstakes") begins at 12:00:01 AM Eastern Time ("ET") on April 1, 2012 and ends at 11:59 PM ET on September 30, 2012 (the "Entry Period"). The Sweepstakes is sponsored by Master Spas 6927 Lincoln Parkway Fort Wayne, IN 46804 (the "Sponsor" and "Prize Supplier"). The official clock for purposes of the Sweepstakes is the computer of the Sponsor.
II. ELIGIBILITY: The Sweepstakes is open to all legal residents of the fifty (50) states and D.C., who are at least eighteen (18) years old at the time of entry. Officers, members, directors and employees of the Sponsor, and any of their respective parent companies, affiliates, franchisees, licensees, distributors, suppliers, subsidiaries, retailers, advertising/promotion agencies, persons engaged in the development, production or distribution of materials for this Sweepstakes, and Compliance Sweepstakes Services (collectively, the "Released Parties") and the immediate family members (parent, in-laws, grandparents, children, grandchildren, siblings, and spouse) of, or persons living in the same household as such individuals (whether related or not), are not eligible to participate in the Sweepstakes. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations. Participation constitutes entrant's full and unconditional agreement to these Official Rules and Sponsor and Administrator'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. Void in Puerto Rico, the U.S. Virgin Islands, U.S. Military installations in foreign countries, and where prohibited, taxed, or restricted by law.
III. HOW TO ENTER THE SWEEPSTAKES: An individual will be deemed a Participant in the Sweepstakes if they are eligible and enter the Sweepstakes using at least one (1) of two (2) methods of entry described below:
• To enter by taking the Michael Phelps Swim Spa Challenge during the Entry Period, a Participant must visit a Swim Spa showroom and complete the entry process. Each Participant will need to fully complete a waiver form, which will include Sweepstakes registration and survey form Each participant will need to provide the following information to be entered into the Sweepstakes: first and last name, mailing address, phone number, email address, and date of birth. Upon completing the waiver form, the Participant will put on a swimsuit and swim in the Swim Spa to determine how long they can swim at Michael Phelps' training pace. Each swim participant will receive one (1) entry into the Sweepstakes. There is a limit of one (1) swim entry per day. By completing and signing the waiver form, each Participant certifies that they are at least 18 years of age, agree with all waiver form stipulations, and have read and agree with these Official Rules.
• To enter via the Sponsor's micro-site, go to www.MichaelPhelpsSwimSpaChallenge.com (the "Web Site") and follow the prompts to complete the registration process and survey. Each participant will need to provide the following information to be entered into the Sweepstakes: first and last name, mailing address, phone number, and email address. By registering, and clicking on the "Enter" button, a Participant certifies they are 18 year of age or older, and have read and agree with these Official Rules. By completing and submitting the Sweepstakes registration, each participant will earn one (1) Sweepstakes entry. There is a limit of one (1) on-line entry per day.
All entries must be received by 11:59:59 pm ET on September 30, 2012. Limit two (2) entries per person per mailing address during the Entry Period regardless of method of entry. All required information must be completed to enter and to be eligible to win. Incomplete entries will be disqualified. Internet entries must be made by the entrant only through website links listed above. Sponsor reserves the right, in its sole discretion, to void any and all entries of an entrant that submits more than the stated maximum limit of entries by using multiple / different addresses, identities, or any other methods, or who Sponsor believes has attempted to tamper with, influence or impair the administration, security, fairness, or proper play of this Sweepstakes. Proof of entering information is not considered proof of delivery to or receipt by Sponsor of an entry. Entries made by any other individual or any entity, and/or originating at any other web site or e-mail address, including, but not limited to, commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. The use of automated entry devices is prohibited and no mechanically reproduced entries are allowed; all such entries are void. Released Parties are not responsible for: lost, late, incomplete, illegible, incorrect, damaged, delayed, garbled, unintelligible, undelivered, or misdirected entries. All entries become the exclusive property of Sponsor and will not be acknowledged or returned.
IV. PERSONAL INFORMATION / OPT-IN: By entering via the Sponsor's Web Site or Swim Spa showroom registration, you consent for the Sponsor to obtain, use, and transfer your name, address and other information for the purpose of administering this Sweepstakes; the information that you provide in connection with the entry process will be used by Sponsor only, and will not be sold or provided to another company. You are authorizing the Sponsor to send you emails to the address entered on entry form, regarding product offerings. You may opt out of receiving future e-mails from Sponsor by clicking on the link contained in any e-mail received. You will remain eligible for this Sweepstakes whether or not you opt out of receiving the e-mails.
V. LIMITATIONS OF LIABILITY: If for any reason this Sweepstakes is not capable of running as planned for any reason, including, without limitation, due to infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, fire, flood, storm, or other natural cataclysm, riot, strike, civil commotion, government regulation, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes (or any part thereof), the Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process, and to terminate, modify or suspend the Sweepstakes, in whole or in part, at any time, without notice and award the prize(s) using all non-suspect eligible entries received as of or after (if applicable) this termination or suspension date. Released Parties assume no responsibility for any incomplete, incorrect, or inaccurate information, whether caused by web site users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error. Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to participant's or any other person's computer (or any information/material stored therein) relating to or resulting from participation in this Sweepstakes or downloading any materials in this Sweepstakes. Any person who supplies false information, obtains entries by fraudulent means or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any prize will forfeit any prize won and may be prosecuted to the full extent of the law. CAUTION: ANY ATTEMPT TO DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute as to the identity of a winner based on an e-mail address, the winning entry will be declared made by the authorized account holder of the e-mail address submitted at time of entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
VI. PRIZES: There will be one (1) Grand Prize winner and five (5) First Prize winners. The Grand Prize winner will receive a trip for two (2) to New Orleans (LA). The Grand Prize Package ("Trip") includes the winner and a guest, and has an Approximate Retail Value ("ARV") of $2,899. The Grand Prize winner will have the choice of accepting the Trip, or a $2,100 cash award. Should the Grand Prize winner elect to receive the trip package, the Trip will be for 3 days / 2 nights (November 5-7, 2012) and will include: i) Two (2) round-trip coach airfares between a major airport closest to the winner's residence and the New Orleans (LA) airport, and ii) One (1) hotel room accommodation (double occupancy) for two (2) nights, iii) two (2) tickets to attend the (New Orleans) Master Spas' private event on November 6, 2012 and opportunity to meet Michael Phelps, iv) Ground transportation to and from Airport, v) an Xbox 360 Kinect Value Bundle w/Bonus Game, and vi) $200 cash spending stipend. Travel and accommodations are subject to capacity controls, availability, limitations, and other restrictions, all of which are subject to change at Sponsor's sole discretion. Trip package fulfillment for the Grand Prize winner will be coordinated and determined by Sponsor (or its designee); all accommodations and airfare are SUBJECT TO AVAILABILITY. Travel may not occur during resort or airline blackout periods. Once travel is booked, no change, extension or substitution of trip dates is permitted, except by Sponsor at its sole discretion. The Released Parties shall have no responsibility or liability for cancellations and/or delays or any change by the air carrier(s), lodging facilities, or other company or any other persons providing any of components of the prizes for the Grand Prize winner and his/her guest due to reasons beyond the Released Parties' control. Grand Prize winner must provide own transportation for themselves and their travel companions to and from departure airport. It is the responsibility of the Grand Prize winner and his/her travel guest to arrive at the departure airport in time for their flights, with proper government-issued travel documentation and proper identification. Certain travel and security restrictions may apply and it is the responsibility of the Grand Prize winner and travel guest to comply with all travel, security and other laws, regulations, airline passenger and accommodation rules that apply to them. The Grand Prize Winner and his/her guest will be solely responsible for all other expenses while redeeming the Grand Prize Trip package not specifically set forth herein including but not limited to: airline charges, travel insurance, ground transportation in and around destination location, meals, beverages, taxes, gratuities, merchandise, souvenirs, hotel services, telephone charges, tips/gratuities, side trips and excursions, and any other incidentals. Winner and travel companion must execute liability / publicity releases prior to issuance of travel documents. If the Grand Prize winner is a resident of a jurisdiction that deems him/her to be a minor, the Prize will be awarded in the name of his/her parent or legal guardian. In the event that any prize component of the vacation package is not available, cancelled or rescheduled for any reason, then the remaining elements of the prize shall constitute full satisfaction of Sponsor's prize obligation to winner and no additional compensation will be awarded. If the Grand Prize winner chooses to accept the Trip package with fewer than one (1) guest, then the remaining elements of the Prize shall constitute full satisfaction of Sponsor's prize obligation to winner and no additional compensation will be awarded. The Grand Prize awarded, consisting of products/services for two (2) people, requires that the Grand Prize winner and travel guest redeem the Grand Prize together. Sponsor will not replace any of the prize components that are lost, mutilated, or stolen. Any difference between stated ARV and actual value of Grand Prize will not be awarded. Should the Trip be selected, the Grand Prize Trip must be completed by November 8, 2012, or prize will be forfeited and no compensation will be awarded.
Each First Prize winner will receive an Xbox 360 Kinect Value Bundle w/ Bonus Game. The ARV of each First Prize is $399. The Total Prize pool is valued at $4,894.
VII. PRIZE WINNER SELECTION: The Grand Prize and First prize winners will be selected from among all eligible entries received, in a random drawing on or about October 2, 2012, by the Administrator, an independent judging organization, whose decisions are final and not subject to challenge and/or appeal in all matters relating to this Sweepstakes. Odds of winning a prize will depend on the total number of eligible entries received. Each prize winner will be notified by telephone, e-mail and/or USPS mail. Upon initial notification and verification of the prize winner, confirmation will be sent to the respective prize winner via mail, or other home delivery service of Sponsor's choice.
VIII. PRIZE TERMS AND CONDITIONS: Each winner is required to comply with any and all applicable federal, state and local laws, rules and regulations. Each prize winner will be required to sign an Affidavit of Eligibility and Liability/Publicity Release (collectively, the "Prize Acceptance Release"), and return it within five (5) days of written notification or the prize may be forfeited and an alternate potential winner selected. If a prize winner is considered a minor in their state of residence, the parent or legal guardian must sign and return the Prize Acceptance Release and the respective prize will be awarded in the name of his/her parent or legal guardian. Grand Prize winner travel guest must sign a Travel Companion Waiver and return prior within five (5) days of the Grand Prize written notification; if the travel guest is considered a minor in their state of residency, the parent or legal guardian of the travel guest must sign the Waiver and approve the guest traveling with the Grand Prize winner. If a prize or prize notification is returned as unclaimed or undeliverable to a potential winner, if potential winner cannot be reached within three (3) calendar days from the first notification attempt, if potential winner fails to return requisite document within the specified time period, and/or if a potential winner is not in compliance with these Official Rules, then such person shall be disqualified and an alternate winner will be selected for the prize at issue. To claim a prize, you will be required to provide your correct full-name, mailing address, date of birth, telephone number and e-mail address. The Prize Acceptance Release is subject to verification by Sponsor and each potential winner is subject to verification before any prize will be awarded.
The Sponsor and Released Parties have not made any warranty, representation or guarantee, expressed or implied, in fact or in law, with respect to any prize awarded and specifically disclaim all such warranties, including, without limitation, any warranty of merchantability or fitness for a particular purpose. The prize is awarded "AS IS" and WITHOUT WARRANTY OF ANY KIND either expressed or implied, excluding the New Vehicle Limited Warranty from the manufacturer. A prize may not be sold, traded, or commissioned, and is not exchangeable, transferable, or redeemable for cash except in Sponsor's sole discretion. Prize details and availability are subject to change. There are no substitutions unless specified by the Sponsor. The Sponsor reserves the right at its sole discretion to substitute any prize (or prize component) with another prize (or prize component) of equal or greater value. Sweepstakes Administrator is not the supplier or guarantor of any prize. Prizes may be fulfilled by a third party. The Sponsor and Released Parties are not in any way responsible or liable for damages resulting from shipping and handling, loss, use or misuse of any prize awarded in this Sweepstakes.
Each prize winner will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prize they receive. The stated "ARV" of the prizes is based on available information provided to Sponsor, and any difference in ARV at the time of awarding will not be awarded, and the value of any prize awarded to a winner may be reported for tax purposes as required by law. A prize winner will be required to provide Sponsor with a valid social security number (should the ARV of the prize be equal or greater than $600) before a prize will be awarded for tax reporting purposes. An IRS Form 1099 will be issued in the name of the Grand Prize winner for the total ARV of the Grand Prize, as stated above, in the calendar year the prize was won. All properly claimed prizes will be awarded.
The winner's acceptance of a prize constitutes permission (except where prohibited) for the Sponsor to use the winner's name, photograph, likeness, statements, biographical information, voice and address (city and state) for any and all public relations, advertising and/or promotional purposes as determined by Sponsor, in all forms of media and by all manners (now and hereafter known), in perpetuity, without notice, consent, review or approval or further compensation.
IX. MODIFICATION: In no event will Sponsor be obligated to award more prizes than the number of prizes stated in these Official Rules. If for any reason Sponsor determines, in its sole discretion, that the Sweepstakes is no longer capable of running as intended by these Official Rules for any reason whatsoever, Sponsor reserves the right to terminate, suspend, postpone, delay or modify the Sweepstakes, in whole or in part, including, but not limited to, any occurrences described in Rule section V above, or any other causes which may corrupt or impair the integrity, security, fairness or proper conduct of the Sweepstakes. If Sponsor determines that more prize claims are submitted or more prize notices are distributed than the number of prizes offered in these Official Rules, Sponsor shall immediately suspend all drawings and prize awards, and Sponsor reserves the right to award any remaining prizes (up to the total set forth in these Official Rules) in a manner deemed fair and equitable by Sponsor. For example, Sponsor may select a winner in a random drawing from among the eligible entries received up to the time of the impairment or conducted a random drawing among all prize claimants, and neither Sponsor, the Administrator nor any of the Released Parties shall have any further liability to any entrant in connection with the Sweepstakes.
X. RELEASES: All Participants, as a condition of participation in this Sweepstakes, agree to indemnify, release and hold harmless the Sponsor, Released Parties, and their designees and assigns and all of their respective officers, directors, employees, representatives and agents, from and against any and all liability, claims, damages, injuries or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with: (a) accessing the Sponsor's Web Site; (b) participating in any aspect of the Sweepstakes, including, without limitation, while preparing for, participating in and/or traveling to or from any prize or Sweepstakes-related activity, including, without limitation, any injury, damage, death, loss or accident to person or property; (c) the receipt, ownership, possession, use or misuse of any prize awarded; (d) viruses or any downloading or other problems with the Sweepstakes Application, or; (e) any typographical or other error in these Official Rules or the announcement of offering of any prize. Entrants further acknowledge that the Sponsor and Released Parties makes no representations or warranties of any kind concerning the appearance, safety or performance of any prize, except for any express manufacturer's warranty as may be included with the prize. The prize winner bears all risk of loss or damage to his/her respective prize immediately upon receipt.
XI. GOVERNING LAW/DISPUTES: By participating, Participants agree to be bound by the Official Rules, Sponsor's Web Site Terms of Use (if any and if applicable to Participant's method of participating), and the decisions of the Sponsor and Administrator, which are final and binding in all respects. The Sweepstakes and these Official Rules shall be construed and governed in accordance with the laws of the State of Indiana. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Participants, Sponsor, or the Released Parties in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of Indiana, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other states laws.
Except where prohibited, as a condition of participating in this Sweepstakes, the parties agree that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, or the determination of winner shall be resolved individually, without resort to any form of class action exclusively by arbitration pursuant to the commercial arbitration rules of the American Arbitration Association, then effective. 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, or any other damages, including attorneys' fees, other than Participant's actual out-of-pocket expenses (e.g., costs associated with entering this Sweepstakes), and Participant further waives all rights to have damages multiplied or increased. The arbitration shall be conducted in the State of Indiana, in the City of Fort Wayne, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The arbitrator will apply the substantive laws of the state of Indiana, will issue a written decision and will have the power to award any legal remedies except as limited by these Official Rules. The parties will split the arbitrator's fee; provided, however, if applicable law requires Sponsor to pay the arbitrator's fee in order for the arbitration provision to be enforceable, Sponsor shall have the discretion to elect to pay such fees and proceed to arbitration. Participant irrevocably waives any right to bring or join in any class action regarding the Sweepstakes. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. This arbitration provision shall be deemed to be self-executing, and in the event that any party fails to appear to any properly noticed arbitration proceeding, an award may be entered against such party notwithstanding said failure to appear.
BY ENTERING THE SWEEPSTAKES, PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (2) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT 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 TWO HUNDRED FIFTY DOLLARS ($250.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (3) PARTICIPANTS' REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT 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.
XII. OFFICIAL SWEEPSTAKES RULES REQUEST: For a copy of these Official Rules, send a request specifying Official Rules along with a self-addressed, stamped envelope postmarked by 9/30/12 and received by 10/7/12 and mail to: Compliance/Michael Phelps "Swim Spa Challenge" Sweepstakes Official Rules, 106 Elm St, Stonington, CT 06378.
XIII. WINNERS LIST REQUEST: To request confirmation of the name and city/state of residence for the winners, please send a self-addressed, stamped business size envelope, by December 2, 2012, to: Compliance/Michael Phelps "Swim Spa Challenge" Sweepstakes Winners List, 106 Elm St, Stonington, CT 06378.
XIV. SPONSOR: Master Spas 6927 Lincoln Parkway Fort Wayne, IN 46804.
XV. ADMINISTRATOR: Compliance Sweepstakes Services, 106 Elm St., Stonington, CT 06378 (the "Administrator").
XVI. MISCELLANEOUS: The names of individuals, groups, companies, products and services mentioned herein, and any corresponding likenesses, logos and images thereof reproduced herein, have been used for identification purposes only and may be the copyrighted properties and trademarks of their respective owners. The mention of any individual, group or company, or the inclusion of a product or service as a prize, does not imply any association with or endorsement by such individual, group or company or the manufacturer or distributor of such product or service and, except as otherwise indicated, no association or endorsement is intended or should be inferred. The invalidity or unenforceability of any provision of these Official Rules or the Prize Acceptance Release will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the Prize Acceptance Release is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor's failure to enforce any term of these Official Rules will not constitute a waiver of that provision. For Participant, to the extent there is a conflict between Official Rules appearing any other location and any terms of use or other agreements posted on the Sponsor's Web Site, these are the Official Rules to be abided by.
