2022 MEMBER OF THE YEAR CONTEST
PRESENTED BY MASSAGE LUXE INTERNATIONAL 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® Member of the Year contest (“Contest”) is open only to existing MassageLuXe members and employees of Sponsor’s franchisees who are at least 18 years old at the time of entry and who are legal residents of the 50 United States or the District of Columbia and who agree to comply with these Official Rules. Void where prohibited.
The Contest is sponsored by Massage Luxe International LLC (“Sponsor”). Sponsor’s employees, officers, directors, subsidiaries, franchisees, 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. Sponsor’s franchisees’ employees may participate for a chance to win a Cash Prize by nominating MassageLuXe members from their spa locations to participate in the Contest. 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.
2. Agreement to Rules and Representations: By entering this Contest, you agree to be fully and unconditionally bound by these Official Rules and you agree to accept the outcome of the Contest and decisions of Sponsor, as final and binding. You also represent that any Story, photographs and videos you submit are original, that your Entry does not infringe upon any other work, that publication of your Entry, in whole or in part, will not violate any third party right, including copyright, right of privacy or publicity, and that any third parties referenced, depicted or featured in the Entry have provided their full and complete written consent to submission of the Entry in the Contest and potential publication of the Entry by Sponsor, without notice or compensation.
3. 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 WILL NOT BE RETURNED. ENTRANTS AND PARTICIPANTS FURTHER AGREE AND UNDERSTAND THAT SPONSOR, ITS EMPLOYEES, OFFICERS, DIRECTORS, SUBSIDIARIES, FRANCHISEES, 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.
4. Contest Period: The Contest Period runs from August 15, 2022 – October 17, 2022, as outlined below. Entry Submissions: Entries will be accepted starting August 15, 2022 at 12:01 AM EST and ending on September, 15, 2022 at 11:59PM EST. Online Voting: Public online voting runs from September 26, 2022, at 12:01 AM EST through October 7, 2022 at 11:59PM EST]. Winner Selection: The winner will be announced on October 17, 2022 at approximately [1:00 PM EST].
5. How to Enter: To enter the Contest, go to the Contest page on MassageLuXe’s website www.massageluxe.com and complete an online entry form (“Entry Form”) with your story (“Story”) about how MassageLuXe has made a difference in your wellness journey and any photos and videos (collectively “Entry”). Entrants who are nominated by a MassageLuXe employee must include the nominator’s name on their Entry Form. Entries must include a Name, Home Spa, Story, and photo.
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 methods to enter or otherwise attempt to circumvent these Official Rules or the lawful operation of this Contest will disqualify your Entry or nomination. Limit one Entry per person.
6. Judging Criteria; Selection and Recognition of Finalists: On or about September 26, 2022 Sponsor’s panel of judges will select ten (10) Entries (the “Finalists”) in accordance with the following judging criteria: Inspiration 25%, Reader engagement 25%, originality 25%, and overall story 25%. Selected Finalists and their Entry will be featured online at www.massageluxe.com and will be encouraged to gather online votes from the public.
7. Public Voting: From September 26, 2022 at 12:01 AM EST to October 7, 2022 at 11:59PM EST, the public will have an opportunity to go to www.massageluxe.com where the ten Finalists’ Entries will be posted and to cast an online vote for their favorite Entry. Limit one vote, per person, per day, during the Online Voting Period. The Finalist with the most public votes following the Online Voting period will win the Grand Prize (described below).
8. Prizes and Odds of Winning: Grand Prize: The Grand Prize winner will be awarded a MassageLuXe® gift card, to be solely used for a free 12-month LuXe membership. Approximate retail value (ARV) of Grand Prize: $720-$960, depending on spa location. 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. Cash Prize: The MassageLuXe franchisee employee who nominated the Grand Prize winner, if listed on the winning Entry Form, will be awarded a $500 cash prize.
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.
9. Winner Selection and Notification: On or about October 10, 2022, 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: (a) be a MassageLuXe member; and (b) within 72 hours of the time notification was given to them by Sponsor, execute and return to Sponsor any additional documents, including any affidavit of eligibility and publicity and liability release Sponsor may require in its sole discretion.
Once the Grand Prize winner is finally confirmed by Sponsor, Sponsor will notify their home spa by email or phone, if the Grand Prize winner was nominated by an employee of the home spa. In order to claim the Cash Prize, the potential Cash Prize winner must: (a) be an employee of Grand Prize winner’s home spa franchisee; and (b) within 72 hours of the time notification was given to the home spa by Sponsor, execute and return to Sponsor any additional documents, including any affidavit of eligibility and 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, failure of a franchisee to timely or properly notify an employee, 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 prize may be forfeited and an alternate winner selected.
If a potential Grand Prize winner is disqualified for any reason, Sponsor may select an alternate potential Grand Prize winner by selecting the Entrant with the next highest number of public votes. If a potential Cash Prize winner is disqualified for any reason, no Cash Prize will be awarded. Winners are solely responsible for all applicable federal, state or provincial, and local taxes and any expenses associated with any prizes. 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. [Note: The IRS requires Form 1099-MISC to be issued and filed for each recipient who receives a prize/award if the annual aggregate is at least $600 or more. The total ARV of the prize to be awarded in this Contest is about $960 (USD). If the ARV is deemed to exceed the IRS requirement, winners must complete and submit a W-9 form to receive any prize. The 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.]
10. Copyright Assignment: By participating in the Contest, Entrants agree that each Entry will be deemed a work made for hire under the copyright laws of the United States and will be owned by Sponsor. In any event, Entrants agree and hereby irrevocably assign and transfer to Sponsor all right, title and interest in the Entry, worldwide and in perpetuity. Sponsor reserves the right to alter, change or modify any Entry, or any portion thereof, in its sole discretion. Upon request of Sponsor, Entrant shall execute and deliver an instrument of assignment should that be necessary to establish Sponsor’s ownership of all legal right, title and interest in the Entry.
11. Additional Terms: 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 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.
12. Limitation of Liability: By entering and participating in the Contest, you agree to release and hold harmless Sponsor and its employees, officers, directors, subsidiaries, franchisees, affiliates, agents, advertising and promotion agencies, and Facebook 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.
13. 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 Missouri 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 Missouri, 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.
15. 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 November 15, 2022 to: MassageLuXe® Member of the Year Contest, at 16052 Swingley Ridge Road, Suite 120 Chesterfield, Missouri 63017 or go to the Contest website at www.massageluxe.com
16. Sponsor Contact: If you have any questions regarding this Contest, please contact Massage Luxe International LLC at 16052 Swingley Ridge Road, Suite 120 Chesterfield, Missouri 63017.