BY ENTERING THE SWEEPSTAKES, YOU CONSENT TO RECEIVE PRODUCT REVIEWS, DEALS & THE LATEST NEWS ABOUT GAIAM AND EXHALE SPA BRAND. NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
The Gaiam x Exhale – Galentine’s Day Give Away (the “Sweepstakes”) is governed by these official rules (the “Official Rules”). The Sweepstakes starts on February 6, 2018 and ends on February 14, 2018 (the “Sweepstakes Period”).
Sponsor: SBG-Gaiam Holdings, LLC, 601 W. 26th Street, 9th Floor, New York, NY 10016 (“Sponsor”).
Prize: One (1) winner will receive: (i) a fitness class and Fusion Massage for two provided by an Exhale Enterprises, Inc. (a/k/a Exhale Spa) facility; and (ii) a head-to-toe Gaiam look for two consisting of leggings, sports bra, top, water bottle, yoga mat, yoga bag, yoga socks, and yoga block and -strap (collectively, the “Prize”). (The Prize does not include travel, and the winner shall be solely responsible for any travel necessary to enjoy the Exhale Spa portion of the Prize.)
Eligibility: This Sweepstakes is open to all individuals who are eighteen (18) years of age or older at the time of entry and legal residents of the United States residing in the contiguous forty-eight (48) states or the District of Columbia. Entrants agree to abide by and be bound by all the rules and terms and conditions stated herein and all decisions of Sponsor, which shall be final and binding.
How to enter: To enter the Sweepstakes, entrants must: (i) follow both Exhale Spa and Gaiam on Instagram; (ii) comment on an original Exhale Spa or Gaiam social media post about the Sweepstakes; and (iii) tag a friend in that comment.
Entries must be made during the Sweepstakes Period and no later than 11:59 PM Eastern February 14, 2018. Sponsor reserves the right to disqualify multiple entries submitted by the same individual. Employees of the Sponsor or Exhale Spa and their affiliates, and immediate family members of such employees, are not eligible to enter. Entries using macro, script or other forms of automatic entry and entries which subvert the entry process will be disqualified. Valid entries must contain all information requested and must be received on or before the deadline for registration. Entries which are late, lost, stolen, corrupted, tampered with, illegible, incomplete, mechanically reproduced, inaccurate, forged, irregular in any way, or otherwise not in compliance with these Official Rules will be disqualified. Sponsor is not responsible for such entries. All entries become the property of the Sponsor and will not be acknowledged. Any other form of entry is void. Entries are subject to any applicable restrictions or eligibility requirements listed herein. Entries will be deemed made by the authorized account holder of the participating Instagram submitted account at the time of entry and qualification. The Sponsor is not responsible for entries not received due to difficulty accessing the internet, service outage or delays, computer difficulties and other technological problems. Multiple participants are not permitted to share the same Instagram Account. Should multiple users of the same Instagram account, as applicable, enter the Sweepstakes and a dispute thereafter arise regarding the identity of the entrant, the authorized account holder of said Instagram account at the time of entry will be considered the entrant. Proof of submission of an entry shall not be deemed proof of receipt by the website administrator for online entries. When applicable, the website administrator’s computer will be deemed the official time keeping device for the Sweepstakes promotion. Entries will be disqualified if found to be incomplete and/or if prohibited multiple entries are determined. The Company assumes no responsibility for contestants not making timely entries as a result of the delays in the internet or otherwise.
Winner Notification: Sponsor shall select and announce the Prize winner on or about February 19, 2018 (“Selection Date”) by random drawing from among all eligible entries. The only entries that will be considered eligible entries are entries received within the time frames described above. Odds of winning depend on the number of eligible entries received. If an entrant is unable to verify registration information, the entrant will automatically be disqualified and their Prize will be forfeited. The Sponsor reserves at its sole discretion the right to choose an alternative qualifier or possible winner in the event that a qualifier or possible winner has been disqualified or is deemed ineligible.
Delivery: The Prize is not transferable. No substitution of Prize by winner for cash or other goods or services is permitted, except that Sponsor reserves the right to provide substitute prize(s) of approximately equal value. Prize winners are responsible for all taxes and fees related to the Prize. Actual retail value of the Prize may vary due to market conditions but is approximated at $900.00 U.S. The value of the Prize will be deemed to be the lesser of the value at the date entry or the value at time of Prize notification.
Other Rules: THIS SWEEPSTAKES IS SUBJECT TO ALL APPLICABLE LAWS AND IS VOID WHERE PROHIBITED. ALL SUBMISSIONS BECOME THE SOLE PROPERTY OF THE SPONSOR AND WILL NOT BE ACKNOWLEDGED. WINNER ASSUMES ALL LIABILITY FOR ANY INJURIES OR DAMAGE CAUSED OR CLAIMED TO BE CAUSED BY PARTICIPATION IN THIS SWEEPSTAKES OR BY THE USE OR MISUSE OF ANY PRIZE. BY ENTERING THE SWEEPSTAKES, EACH PRIZE WINNER GRANTS THE SPONSOR PERMISSION TO USE HIS OR HER NAME, CITY, STATE, INSTAGRAM HANDLE, FOR ADVERTISING, PUBLICITY OR OTHER PURPOSES IN ANY MEDIA NOW KNOWN OR HEREINAFTER DEVELOPED, WORLDWIDE, WITHOUT ADDITIONAL CONSENT OR COMPENSATION, EXCEPT WHERE PROHIBITED BY LAW. The Prize winner will be required to submit a liability/publicity release and declaration, in a form supplied by Sponsor, confirming that the Prize winner has followed the rules of the Sweepstakes. Such release and declaration must be signed by Prize winner and returned within five (5) days of notification or an alternate winner may be selected. Any Prize notification returned to Sponsor as undeliverable may result in the awarding of thee Prize to an alternate winner (who will be required to comply with similar procedures). No more than one Prize will be awarded.
Hold Harmless: BY ENTERING THE SWEEPSTAKES, ENTRANTS RELEASE AND HOLD THE SWEEPSTAKES SPONSOR, ITS DIRECT AND INDIRECT SUBSIDIARIES, AFFILIATES AND BUSINESS PARTNERS, AND THE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, ATTORNEYS, SUCCESSORS AND ASSIGNS OF ANY OF THE FOREGOING HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, OR CAUSES OF ACTION OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE SWEEPSTAKES OR PARTICIPATION IN ANY SWEEPSTAKES-RELATED ACTIVITY (INCLUDING, WITHOUT LIMITATION, THE REMOVAL FROM THE SITE OF, OR DISCONTINUATION OF ACCESS TO, ANY MATERIALS), OR RESULTING DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE SWEEPSTAKES, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, DEATH, AND/OR PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, AND/OR INVASION OF PRIVACY. By entering the Sweepstakes, entrants acknowledge compliance with these Sweepstakes rules including without limitation all eligibility requirements. All matters relating to the interpretation and application of these rules shall be decided by Sponsor in its sole discretion.
Winner List: The Prize winner will be announced on or about February 19, 2018 on Gaiam’s Facebook-, Twitter-, and Instagram pages. The name of the Prize winner is also available after the Selection Date by sending a stamped, self-addressed No. 10 envelope to SBG-Gaiam Holdings, LLC, 601 W. 26th Street, 9th Floor, New York, NY 10001, Attn: Legal Dept. (VT residents may omit return postage).
Disputes: If for any reason (including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes) the Sweepstakes is not capable of being conducted as described in these rules, Sponsor shall have the right, at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes. The Sponsor assumes 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 Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any entry to be received by Sponsor on account of technical problems or traffic congestion on the internet or at any website, or any combination thereof, including, without limitation, any injury or damage to participant’s or any other person’s computer related to or resulting from participating in this Sweepstakes. Because of the unique nature and scope of the Sweepstakes, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any dates or deadlines set forth in these Official Rules or otherwise governing the Sweepstakes. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. As a condition of participating in the Sweepstakes, entrant agrees that any and all disputes that cannot be resolved between entrant and Sponsor, and causes of action arising out of or connected with the Sweepstakes or these Official Rules, shall be resolved individually, without resort to any form of class action, exclusively, before a court located in the County of New York in the State of New York having competent jurisdiction, and shall be governed and controlled by the laws of the State of New York (without regard for its conflicts-of-laws principles). Entrant irrevocably consents to the jurisdiction of the federal and state courts located in the County of New York in the State of New York with respect to any such dispute, cause of action, or other matter pertaining to or arising out of this Sweepstakes or these Official Rules. Further, in any such dispute, under no circumstances will entrant be permitted to obtain awards for, and hereby irrevocably waives all rights to claim punitive, incidental, or consequential damages, or any other damages, including attorneys’ fees, other than entrant’s actual out-of-pocket expenses (i.e., costs incurred in participating in the Sweepstakes), and entrant further irrevocably waives all rights to have damages multiplied or increased. EACH PARTY EXPRESSLY WAIVES ANY RIGHT TO A JURY. All federal, state, and local laws and regulations apply. BY ENTERING, YOU AGREE THAT YOU HAVE READ AND ACCEPTED ALL OF THESE SWEEPSTAKES RULES.