2024 PRESALE MEMBERSHIP SWEEPSTAKES
PRESENTED BY JLD&A Massage Spa, LLC
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING. VOID WHERE PROHIBITED.
1. Eligibility: The MassageLuXe® Presale Membership Sweepstakes (“Sweepstakes”) is open only those who are at least 18 years old at the time of entry and who are legal residents of the (enter in state the Spa is located) and who agree to comply with these Official Rules. Void where prohibited.
The Contest is sponsored by (Insert Spa Legal name and location) (“Sponsor”). Sponsor’s employees, officers, directors, subsidiaries, franchisor, other MassageLuXe employees, other MassageLuXe members, affiliates, and agents, and their respective employees and immediate families and household members, and any advertising agencies or other parties involved with the design, production, execution or administration of this Contest, are not eligible to participate and win the Grand Prize. The Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook. You understand that you are providing your information to Sponsor and not to Facebook or Instagram.
2. Sweepstakes Period: The Sweepstakes Period begins on April 8, 2024 at 12:01 AM EST and ending on May 31, 2024 at 11:59PM EST. Sponsor’s computer systems are the official time-keeping device for this Sweepstakes. All Entries must be received and recorded by Sponsor during the Sweepstakes Period and must otherwise satisfy the requirements in these Official Rules to be eligible to win.
3. How to Enter: To enter the Contest, go to the Contest page on MassageLuXe’s website https://massageluxe.com/winter-garden-contest/ and complete an online entry form (“Entry Form”).
Entries that do not meet all the Contest requirements, as specified in these Official Rules, or incomplete Entries, will be disqualified. Any use of fraudulent, unfair, or unlawful methods to enter or otherwise attempt to circumvent these Official Rules or the lawful operation of this Contest will disqualify your Entry. Limit one Entry per person.
4. Prizes and Odds of Winning: Grand Prize: One (1) Grand Prize consisting of a MassageLuXe® gift card, to be solely used for a free 3-month LuXe membership, will be awarded. Approximate retail value (ARV) of Grand Prize is $225. If the winner has an Elite, Epic or Family membership at the time the Prize is awarded, the value of the awarded gift card can be applied to that higher membership package, with the winner paying the difference. Total ARV of all prizes: $225.
The odds of winning will depend on the number of qualifying Entries received. No transfer, assignment, cash redemption, or substitution of any Prize is permitted, except as stated in these Official Rules.
5. Winner Selection and Notification: On or about May 31st, the potential Grand Prize winner will be selected in a random drawing from all eligible Entries received. The winner will be announced at approximately [1:00 PM EST]. The potential Grand Prize winner will be notified via email sent to the email address listed on their Entry Form. In order to claim the Grand Prize, the potential Grand Prize winner must, within 72 hours of the time notification was given to them by Sponsor, fully complete, execute, and return to Sponsor any additional documents required by Sponsor, including an affidavit of eligibility and a publicity and liability release Sponsor may require in its sole discretion.
Sponsor shall have no liability for a potential winner’s failure to receive notices, such as due to: spam, junk email or other security settings,, or incorrect, incomplete, or otherwise non-functioning contact methods or information. If a potential winner cannot be contacted, is ineligible, fails to properly claim a prize within 72 hours from the time award notification was sent by Sponsor, or fails to timely return a completed and executed affidavit of eligibility and release as Sponsor may require, the Grand Prize will be forfeited and an alternate winner selected.
Without limitation of any other affidavit or release given by a Participant, Participants consent to the use of their Entry, name, voice, photograph, likeness and biographical information by Sponsor and Promotion Supporters (defined below), including without limitation, for public relations, advertising, and promotional purposes in perpetuity, worldwide, in all media now known or later devised or discovered, without notice or compensation of any kind, in accordance with applicable law.
Winner is solely responsible for all applicable federal, state or provincial, and local taxes and any expenses associated with the Grand Prize. Sponsor reserves the right to substitute a prize of equal or greater value and also the right not to award a prize (such as when no eligible winners are confirmed) in its sole discretion. Sponsor will send the winner a Form 1099-MISC if required by law. The Grand Prize recipient is responsible for any income tax liability and should consult a tax advisor for the proper tax treatment of this income on his/her tax return. Once the Grand Prize is accepted by the winner, Sponsor and its Franchisor shall have no further responsibility or liability with respect to the Grand Prize.
6. Agreement to Official Rules: By entering this Contest, you agree to be fully and unconditionally bound by these Official Rules and applicable laws and you agree to accept the decisions of Sponsor, as final and binding.
7. LIABILITY AND PUBLICITY RELEASE: AS A CONDITION OF ENTRY AND PARTICIPATION IN THIS CONTEST, AND IN ORDER TO BE ELIGIBLE TO WIN ANY PRIZE, ENTRANTS AND PARTICIPANTS HEREBY AFFIRM AND REPRESENT THAT THEY ARE IN FULL COMPLIANCE WITH APPLICABLE LAWS AND WITH THESE OFFICIAL RULES, INCLUDING THE ELIGIBILITY REQUIREMENTS SET FORTH HEREIN. ENTRANTS AND PARTICIPANTS AGREE THAT ENTRIES (DEFINED BELOW) SHALL BE THE PROPERTY OF SPONSOR AND ITS FRANCHISOR AND WILL NOT BE RETURNED. ENTRANTS AND PARTICIPANTS FURTHER AGREE AND UNDERSTAND THAT SPONSOR, ITS FRANCHISOR, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SUBSIDIARIES, AFFILIATES, AND AGENTS ACTING ON THEIR BEHALF, AS PERMITTED BY LAW, MAY USE, EDIT, CROP, MODIFY, DISPLAY, PRINT, PUBLISH, BROADCAST, AND DISTRIBUTE, ON A WORLDWIDE BASIS AND IN ANY MEDIA, ENTRIES (IN WHOLE OR IN PART) AND CONTEST ENTRANTS’ AND PARTICIPANTS’ NAMES, PORTRAITS, IMAGES, VOICES, LIKENESSES, BIOGRAPHICAL INFORMATION, HOME SPA INFORMATION, AND STATEMENTS ABOUT THE CONTEST, INCLUDING AS NEWS, PUBLICITY OR INFORMATION AND FOR TRADE, ADVERTISING, PUBLIC RELATIONS, OR PROMOTIONAL PURPOSES WITHOUT NOTICE, REVIEW, OR COMPENSATION OF ANY KIND.
8. Additional Terms: All federal, state, and local laws and regulations apply. Sponsor reserves the right, in its sole discretion to cancel, terminate, modify or suspend the Contest in its sole discretion for any reason, or should 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 Contest. Sponsor reserves the right at its sole discretion to disqualify any individual who attempts to damage or undermine the integrity and legitimate operation of the Contest, including use of multiple entries from different IP addresses, use of bots, macros or scripts, or the like. Such activities are prohibited by these Official Rules and may be a violation of criminal and civil laws. Sponsor reserves the right to seek damages from the responsible parties to the fullest extent permitted by law.
Sponsor is not responsible for late, unsent, inaccurate, unreadable, duplicative, auto-generated or incomplete Entries, regardless of cause. Sponsor is not responsible for any human, mechanical, or technological error that may occur in the processing of Entries or administration of the Contest nor is it responsible for any error, omission, interruption, deletion, defect, communications line failure, theft or destruction of, unauthorized access to, delay in operation, transmission, or distribution of, or alteration of entries, whether caused by the sender, any of the equipment or programming associated with or utilized in this Contest, or otherwise.
Participants must notify Sponsor of any changed contact information within the Sweepstakes Period to remain eligible to win based on an Entry. Any disputes regarding eligibility, residency, entry methods, entry content, and ownership of an e-mail account will be determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to disqualify any individual suspected or found to be: tampering with the Entry process, Entries, mobile devices, computers, tabulation systems, or the operation of the Sweepstakes; acting in violation of these Official Rules or applicable laws or regulations; or acting with intent to annoy, abuse, threaten or harass any person or entity. Any use of AI technologies or of robotic, automatic, programmed, fraudulent or duplicative entry methods is strictly prohibited. Any such Entries will be void and the responsible Participants disqualified. All determinations shall be in Sponsor’s sole discretion and are final and binding.
9. Disclaimer and Limitation of Liability: THE SWEEPSTAKES AND GRAND PRIZE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND SPONSOR HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, ACCURACY, COMPLETENESS, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, SPONSOR DOES NOT GUARANTEE, WARRANT OR REPRESENT THAT THE SWEEPSTAKES OR GRAND PRIZE WILL BE AVAILABLE, ERROR-FREE, UNINTERRUPTED, PROTECTED FROM UNAUTHORIZED ACCESS OR DISCLOSURE, OR FREE OF VIRUSES, DEFECTS, OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.
BY ENTERING AND PARTICIPATING IN THE CONTEST, YOU AGREE TO RELEASE AND HOLD HARMLESS SPONSOR, ITS FRANCHISOR, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SUBSIDIARIES, AFFILIATES, AGENTS, ADVERTISING AND PROMOTION AGENCIES, AND FACEBOOK (“PROMOTION SUPPORTERS”) 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) PARTICIPATION IN THE CONTEST AND/OR 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, TECHNICAL OR MECHANICAL INTERVENTION IN ANY PART OF THE NOMINATION PROCESS OR THE CONTEST; AND (V) ELECTRONIC OR HUMAN ERROR WHICH MAY OCCUR IN THE ADMINISTRATION OF THE CONTEST. ONCE THE GRAND PRIZE HAS BEEN DISTRIBUTED, PARTICIPANTS UNDERSTAND THAT THERE CAN BE NO CLAIMS FOR LIABILITY OF ANY KIND AGAINST SPONSOR, ITS FRANCHISOR, AND PROMOTION SUPPORTERS.
10. Governing Law and Dispute Resolution: Except where prohibited, each participant and winner accepting a prize agrees that: (a) all issues and questions concerning these Official Rules shall be governed by Florida law without giving effect to any principles of conflicts of law of any jurisdiction; (b) any and all disputes, claims and causes of action at law or in equity arising out of or relating to this Contest or any prize awarded shall be (i) resolved individually, without resort to any form of class action; and (ii) filed only in the state courts situated in Florida, and participant hereby consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such disputes, claims or causes of action; (c) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event shall include attorneys’ fees; and (d) under no circumstances will any participant or winner be permitted to obtain awards for and hereby waives all rights to claim punitive, incidental, special, 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.
11. Privacy: All Entries and information submitted on Entry forms and as part of any Entry is subject to the Privacy Policy on MassageLuXe’s website. To read the Privacy Policy, click here. By entering the Contest, you agree to receive email newsletters and other communications and offers periodically from Sponsor and its franchisor and affiliates. You can opt-out of receiving such communications at any time by clicking the unsubscribe link in such communications.
12. Winners List and Official Rules: For a list of winners or a copy of these Official Rules, send a self-addressed, stamped envelope for receipt by MassageLuXe Winter Garden by June 15, 2024 to: MassageLuXe® Presale Membership Sweepstakes, at 5724 Hamlin Groves Trail, Winter Garden, FL 34787.
13. Sponsor Contact: If you have any questions regarding this Contest, please contact MassageLuXe Winter Garden at 5724 Hamlin Groves Trail, Winter Garden, FL 34787.
