"Tone Girlfriend Getaway" Sweepstakes
Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. THIS SWEEPSTAKES IS INTENDED FOR VIEWING IN THE UNITED STATES ONLY AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW.
The "Tone Girlfriend Getaway" Sweepstakes ("Sweepstakes") will begin at 12:00 a.m. Eastern Time ("ET") on August 24, 2009 and end at 11:59:59 p.m. ET on December 31, 2009 ("Promotion Period"). Participation in the Sweepstakes constitutes entrant’s full and unconditional agreement to these Official Rules, and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. The Sweepstakes is sponsored by The Dial Corporation, 19001 N. Scottsdale Rd., Scottsdale, AZ 85255 ("Sponsor") who is solely responsible for all aspects of this Sweepstakes.
Eligibility: The Sweepstakes is open to legal residents of the fifty (50) United States, who are at least eighteen (18) years old as of August 24, 2009. Employees, officers and representatives of Sponsor and American Sweepstakes & Promotion Company ("Administrator"), and any of their respective parent companies, affiliates, franchisees, licensees, distributors, suppliers, subsidiaries, retailers, advertising/promotion agencies (collectively, "Released Parties") and members of the immediate family (mother, father, brothers, sisters, sons, daughters and spouse, regardless of where they reside) and household members of each such employee, whether or not related, are not eligible to participate. 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, or restricted by law.
How to Enter: Enter by visiting www.toneskincare.com (the "Website") and selecting the Sweepstakes banner box. Participants must fully complete the online Sweepstakes registration form. Each participant will be required to provide name, address (including city, state, and zip code), telephone number, and e-mail address. Each entrant that fully completes the Registration Form will receive one (1) entry into the weekly Sweepstakes drawing and one (1) entry into the Grand Prize drawing. The weekly drawing period begins each Monday (at 12:00 AM ET) and ends each Sunday evening (11:59:59 PM ET) during the Promotion Period. Limit one (1) entry per person per e-mail and/or mailing address, per week during the Promotion Period.
All submitted entries must be received by 11:59 p.m. ET on December 31, 2009. All entries become the property of the Sponsor and will not be acknowledged or returned. Sponsor reserves the right, in its sole discretion, to void any and all entries of an entrant who submits more than the stated maximum limit of entries by using multiple/different e-mail addresses, identities, registrations and logins, 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. Sponsor may reject any submitted entry that it determines, in its sole and absolute discretion, fails to meet any of the eligibility requirements. Sponsor is not responsible for lost, late, incorrect, incomplete, invalid, unintelligible or misdirected registrations, which will be disqualified. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. Use of any automated system to submit entries is prohibited and will result in disqualification of all such entries as well as the entrant. By participating in this Sweepstakes, entrants agree to be bound by these Official Rules and the decisions of the Sponsor which are final and binding in all matters relating to the Sweepstakes. By entering this Sweepstakes, entrants agree that each entry becomes the property of Sponsor and that the Sponsor may use such entry for any proper purpose. Any personally identifiable information collected during an entrant's participation in this Sweepstakes will be collected by Sponsor and used by Sponsor, Administrator, their respective affiliates, agents and marketers for purposes of the proper administration and fulfillment of the Sweepstakes as described in these Official Rules.
Internet Limitations of Liability: Sponsor reserves the right, in its sole discretion, to cancel, terminate, suspend and/or modify the Sweepstakes, or any part of it, at any time, without notice, and to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, at any time, without notice and award prizes using all non-suspect eligible entries received as of the termination/suspension date, if any infection, computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other cause beyond Sponsor’s control, affects the integrity or proper conduct of the Sweepstakes. Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process (if applicable) or the operation of the Sweepstakes or to be acting in violation of these Official Rules or any other promotion or in a disruptive manner. 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. Sponsor is not responsible for: lost, late, incomplete, illegible, incorrect, delayed, garbled, undelivered, or misdirected entries; theft, destruction or unauthorized access to, or alteration of, entries; failures or malfunctions of phones, phone lines or telephone or data transmission systems; interrupted or unavailable network, server or other connections; any error, omission, interruption, defect or delay in any transmission or communication; traffic congestion on the Internet or any technical problem, including but not limited to any injury or damage to any person’s computer related to or resulting from Sweepstakes participation; typographical, printing or other errors or omissions in these Official Rules, in any Sweepstakes-related advertisements or other materials, or other problems or errors of any kind whether computer, network, mechanical, human, electronic, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or problems which may occur in connection with the administration of the Sweepstakes, in the processing of entries, in the selection or announcement of winners or in the awarding of prizes. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Sponsor is not responsible for any damage to an entrant’s system which is occasioned by participating in this Sweepstakes or by downloading any information necessary to participate in the promotion. Sponsor also is not responsible for incorrect or inaccurate entry information, whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error, which may occur in the processing of the entries in the Sweepstakes. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE 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 regarding the identity of an individual who actually submitted an online entry, the entry will be deemed submitted by the authorized account holder of the email account. "Authorized account holder" is defined as the natural person who is assigned to an email account by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Potential winner may be required to show proof of being the authorized account holder.
Prizes: There will be one (1) Grand Prize winner, six (6) First Prize winners, and twelve (12) Second Prize winners. The Grand Prize winner will receive a 3 day / 2 night Shopping trip package for two (2) persons to either New York, NY or Chicago, IL (the "City"); the City will be chosen by the Grand Prize winner. The Approximate Retail Value ("ARV") of the Grand Prize is $2,630 The Grand Prize winner will have the option of accepting $2,600 cash award in lieu of the shopping trip package. The trip package will include the following: i) Two (2) round-trip coach airfares between a major international airport closest to the winner's residence and the City selected by the winner; if winner resides within 200 miles of the City, Sponsor reserves the right to substitute ground transportation, ii) Hotel room accommodations [(1) one standard room] with a maximum of two (2) persons for two (2) nights, iii) six (6) month supply of Tone® Body Wash, and iv) $1,000 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. The Sponsor (or designee) will determine transportation and hotel accommodations. Once travel is booked, no change, extension or substitution of Trip dates is permitted, except by Sponsor at its sole discretion. Sponsor 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 Winner and their Guest due to reasons beyond Sponsor's control. Grand Prize winner and their travel guest must provide own transportation to and from airport of departure gateway city. It is the responsibility of the Grand Prize winner and their travel guest to arrive at the designated gateway city in time for their flight to City, with proper travel documentation (including 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 hotel rules that apply to them. Stopovers are not permitted on flight voucher issued and, if a stopover occurs, the prize will terminate at the stopover point and full fare will be charged for the remaining segments of the flight (limited to ticketing fees, surcharges, and/or service charges). Winner and their travel guest will be solely responsible for all other expenses not specifically set forth herein including but not limited to taxes, meals, transfers, travel insurance, room service, laundry service, spa treatments, alcoholic beverages, telephone charges, tips/gratuities, merchandise, souvenirs, 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. If the Grand Prize Winner is a minor, he/she must be accompanied by his/her parent/legal guardian, and such person must pay his/her own expenses unless deemed to be the allotted travel guest. If a travel guest is a resident of a jurisdiction that deems him/her to be a minor, he / she must be accompanied by the Grand Prize winner (who must be the age of majority in their state of residence). If a Winner chooses to take trip without a travel companion, 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 require that the Grand Prize winner and travel guest redeem the Grand Prize together. The Grand Prize will be deemed awarded upon the winner’s receipt of the travel tickets and lodging accommodations. Sponsor will not replace any lost, mutilated, or stolen travel vouchers or certificates. The Approximate Retail Value of the Grand Prize is $2,630, which will vary depending upon points of departure and destination and seasonal fluctuation of hotel rates and airfares. The travel, accommodations, product and stipend cannot exceed the maximum allowable prize amount of $2,630 and any difference between stated ARV and actual value of Grand Prize will not be awarded. The Grand Prize Trip must be taken between March 1, 2010 and December 31, 2010 or prize will be forfeited and no compensation will be awarded.
Each First Prize winner will receive an iPhone or Blackberry and a six (6) month supply of Tone® Body Wash (6 bottles). The ARV of each First prize is $330. Each First Prize winner will have the option of accepting a $300 cash award in lieu of the First Prize. Each Second Prize winner will receive a six (6) month supply of Tone® Body Wash (6 bottles). The ARV of each Second Prize is $30. The Total Prize Pool value is $4,970.
By accepting any of the aforementioned prizes, prize winner agrees to release the Sponsor and Released Parties from any and all liability whatsoever for any injuries, losses, or damages of any kind caused by entering the promotion or for damages of any kind caused by any prize or resulting from acceptance, possession, or use/misuse of prize awarded, or while preparing for, participating in, and/or traveling to and from any prize-related activity. Prizes will be awarded "as is" with no warranty or guarantee, either express or implied, by Sponsor. All prize details, including the brands and specifications of the products that will be awarded, will be determined in Sponsor's sole discretion. Prizes are non-assignable, non-transferable, and non-refundable and must be accepted as awarded. No substitutions may be made, except by Sponsor who reserves the right, in its sole discretion, to substitute the prize (or portions thereof) with prizes of comparable or greater value. Prizes will only be awarded to the verified winners.
Drawing and Notification: The potential winners will be selected from among all eligible entries received, in a random drawing by the Administrator, an independent judging organization, whose decisions are final in all matters relating to this Sweepstakes. The Second Prize winners will be selected, from among all eligible entries received, in a series of random drawings on or about the following 2009 dates: September 2, September 9, September 16, September 23, September 30, October 7, October 14, October 21, October 28, November 4, November 11, and November 18. The First Prize winners will be selected, from among all eligible entries received, in a series of random drawings on or about the following 2009 dates: November 25, December 2, December 9, December 16, December 23, December 30. The Grand Prize drawing will be held on January 6, 2010. Odds of winning will depend on the total number of eligible entries received. Each winner will be notified by telephone and/or USPS mail, or other home delivery service of Sponsor’s choice.
Prize Conditions: All Prize winners are solely responsible for all applicable federal, state, and local taxes (if applicable) associated with the receipt of any prize. Upon initial notification and verification of the Grand Prize Winner, confirmation will be sent to winner via U.S. mail, or other home delivery service of Sponsor’s choice. The Grand Prize Winner will be required to sign an Affidavit of Eligibility and Liability/Publicity Release and return the Affidavit within fourteen (14) days (If the Grand Prize winner is considered a minor in their state of residence, parent or legal guardian must sign and return release and be the guest that accompanies the minor on trip). The travel guest must sign a Travel Companion Waiver prior to the prize being awarded (If travel companion is a minor, parent or legal guardian must sign and return the release). 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, or if a potential winner is not in compliance with these Official Rules, then such person shall be disqualified and, at Sponsor’s sole discretion, an alternate winner may be selected for the prize at issue. Each potential winner is subject to verification before any prize will be awarded.
Other Terms & Conditions: The Sweepstakes will be conducted in accordance with all applicable federal, state, and local laws (if applicable). By participating in the Sweepstakes, entrants agree to be bound by these Official Rules and agree that: 1.) Released Parties and their designees and assigns shall have the right and permission to use (unless prohibited by law) the winner’s name, photograph, likeness, statements, biographical information, voice and address (city and state), in all forms of media, in perpetuity, without further notice, permission or compensation, and 2.) Released Parties and their designees and assigns and all of their respective officers, directors, employees, representatives and agents shall have no liability and entrant will indemnify, defend and hold Released Parties harmless from any liability, loss, injury, or damage to entrant themselves or any other person or entity, including personal injury, death or damage to personal or real property, to entrant or any other person or entity due in whole or in part, directly or indirectly, by reason of the acceptance, possession, use or misuse of the prize (including any prize activity or travel related thereto) or participation in this Sweepstakes. Entrants further acknowledge that said Release Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee express or implied, in fact or in law, relative to the prize, including, but not limited to, its quality or fitness for a particular purpose. Sponsor reserves the right, in its sole discretion, to disqualify any entry and to modify, terminate or suspend this Sweepstakes should virus, bugs, non-authorized human intervention, action of entrants, or other causes beyond the reasonable control of Sponsor corrupt or impair the administration, security, fairness or proper play of the Sweepstakes and, if the Sweepstakes is modified, terminated or suspended, at Sponsor’s discretion, select winners from those eligible, non-suspect entries. Entrants further acknowledge that said parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee express or implied, in fact or in law, relative to the prize, including, but not limited to, its quality or fitness for a particular purpose.
Disputes: By entering the Sweepstakes, entrants agree that 1.) Any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action; 2.) Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes but in no event attorneys' fees; and 3.) Under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrants and Sponsor or the Released Parties in connection with the Sweepstakes, shall be governed by, and construed in accordance with United States law. Any legal proceedings arising out of this Sweepstakes or relating to these Official Rules shall be instituted only in the federal or state courts of Arizona, and the parties consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these Official Rules. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. The value of the prizes set forth above represents Sponsor’s good faith determinations of the ARV thereof and such determinations are final and binding and cannot be appealed. If the actual value of any prize turns out to be less than the stated ARV, the difference will not be awarded in cash.
Winners List: To request the names of the winners, please send a self-addressed, stamped business size envelope, by Match 6, 2010, to: ASC/"Tone Girlfriend Getaway" Sweepstakes Winners List, 300 State Street, Suite 402, Rochester, NY 14614.
Sponsor: The Dial Corporation, 19001 N. Scottsdale Rd., Scottsdale, AZ 85255