Do You Deserve a Spa Vacation Giveaway? Rules Page

Whole Being Enhancement
Contest Rules

OFFICIAL RULES NO PURCHASE NECESSARY

1. HOW TO ENTER: This contest begins 12:01 A.M. EST on October 27, 2009, and ends 11:59 P.M. EST on November 23, 2009. To enter online, go to www.health.com/spa-makeover and follow instructions to submit your answer, photograph, e-mail and phone number. Limit one entry per person. Sponsor is not responsible for lost, illegible, incomplete entries not received for any reason. Entries become sole property of Sponsor and none will be acknowledged or returned. By entering, Entrant warrants that his or her entry (1) is original and does not infringe the intellectual property rights of any third party, (2) has not been published in any medium or (3) has not won an award.

2. JUDGING: All entries will be judged by a Health editor, based on the following criteria: The Extent of Medical Needs (60%), Originality (20%), Creativity (20%). In the event of a tie, an additional “tie-breaker” judge will determine the Winner from among all such tied entries using the judging criteria above. Incomplete and/or inaccurate entries and entries not complying with all rules are subject to disqualification. Decisions of judges are final and binding. Winner will be notified by email or phone, on or about December 21, 2009.

3. ELIGIBILITY: Open to legal residents of the 50 United States and the District of Columbia who are 19 years or older at time of entry (“Entrant(s)”). Void where prohibited by law. Employees of Sponsor and its promotional partners and their respective parents, affiliates and subsidiaries, participating advertising and promotion agencies (and members of their immediate family and/or those living in the same of household of each such employee) are not eligible.

4. PRIZES AND APPROXIMATE RETAIL VALUE:
One Winner will receive:
• Four day and three nights (abiding by customary hours of check in and check out) of lodging at the Encantado Resort & Spa at $300-$500 each.
• Reimbursement of round trip airfare to winner paid by Elan Creative Group of up to $399 in value
• $250.00 cash upfront for winner spending, supplied by Elan Creative Group, LLC which may be used for miscellaneous expenses
• Scheduled (9:00 AM – 10:30 PM) shuttle service to and from Encantado Resort to the Santa Fe Plaza concierge lounge at 126 Water St, Santa Fe, NM
• Three dinners from Terra Restaurant at Encantado Resort at $100 each. This covers food only, alcoholic beverages not included.
• Two head-to-toe spa treatments ($300 value total) from the spa at Encantado
• A range of services provided by Whole Being Enhancement.
• Gift basket at $200
• Prize must be claimed by December 31, 2010.

Additional night stays at Encantado Resort at $300 per night, plus New Mexico state sales tax. The trip must be booked in 2010, and must be booked from Monday to Thursday except for the week of August 16 to 23 and National holidays.

Approximate Retail Value: $5,643.00. All other expenses not specified herein are the responsibility of the Winner. ALL TAXES ARE THE SOLE RESPONSIBILITY OF THE WINNER. The prize is awarded without warranty, express or implied, of any kind.

Any services, medical procedures or products will be given only under the expressed direction and consent of the medical professional supplying them and any medical professional reserves the right to refuse treatments or products based on their professional judgment. Neither Health magazine nor Time Inc. is responsible for any of the services, medical procedures, or products provided. No endorsements can be implied.

5. CONDITIONS OF PARTICIPATION: The award will not under any circumstances be extended past the date of expiration. No transfer, assignment, or substitution of a prize permitted, except Sponsor reserves the right to substitute prize (or prize component) for an item of equal or greater value at Sponsor’s sole discretion. Nothing in these official contest rules shall obligate Sponsor to publish or otherwise use any entry submitted in connection with this Contest. All federal, state and local laws and regulations apply. Entrants agree to be bound by the terms of these Official Rules and by the decisions of Sponsor, which are final and binding on all matters pertaining to this Contest. By entering, Entrant represents that any photo, essay and other materials submitted as part of Entrant’s Contest entry are original and will not constitute an invasion of privacy or otherwise infringe upon the rights of any third party, and that the Entrant owns or has the rights to convey any and all right and title in such photo, essay, and other materials. In addition, by entering, Entrant grants to Sponsor a non-exclusive, worldwide, royalty-free license to edit, publish, promote, republish at any time in the future and otherwise use Entrant’s submitted photo and essay, along with Entrant’s name, likeness, biographical information, and any other information provided by Entrant, in any and all media for possible editorial, promotional or advertising purposes, without further permission, notice or compensation (except where prohibited by law). Potential Winner, as a condition of receiving any prize, also may be required to sign and return an Affidavit of Eligibility, a Liability Release and where legally permissible a Publicity Release and confirmation of a license as set forth above within 7 business days following the date of first attempted notification, certifying, among other things, the following: (a) entry does not defame or invade the privacy of any party; (b) entry does not infringe upon the rights of any third party; and (c) the photo, essay and other materials submitted are original and have never been published and entry has never won an award. Failure to comply with this deadline may result in forfeiture of the prize and selection of an alternate winner. Return of any prize/prize notification as undeliverable may result in disqualification and selection of an alternate winner. Acceptance of the prize constitutes permission for Sponsor and its agencies to use Winner’s name and/or likeness, biographical information, photo, essay and other materials submitted for advertising and promotional purposes without additional compensation, unless prohibited by law. By entering and/or accepting prize, Entrants and Winners agree to hold Sponsor and its promotional partners, its directors, officers, employees and assigns harmless for liability, damages or claims for injury or loss to any person or property, including death, relating to, in whole or in part, directly or indirectly, participation in this Contest, the acceptance and/or subsequent use or misuse, or condition of any of the prizes awarded, or claims based on publicity rights, defamation, or invasion or privacy. False or deceptive entries or acts will render the Entrant ineligible. Sponsor, in its sole discretion, reserves the immediate and unrestricted right to disqualify any entrant or prize winner, if either commits or has committed any act, or has been involved or becomes involved in any situation or occurrence which the Sponsor deems likely to subject the Sponsor, entrant or winner to ridicule, scandal or contempt or which reflects unfavorably upon the Sponsor in any way. If such information is discovered by Sponsor after a winner has received notice of his prize and before the prize is awarded, Sponsor may rescind the prize in its entirety. If a portion of his/her prize has already been awarded, Sponsor may withdraw the remainder of the prize that has been fulfilled. Decisions of the Sponsor are final and binding in all matters related to this paragraph. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the contest, or in the announcement of the prize.

6. INTERNET: Sponsor is not responsible for lost or late entries nor for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive entry information by Sponsor or presenter on account of technical problems or traffic congestion on the Internet or at any Web site or any combination thereof. If for any reason the Internet portion of the program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes that corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Contest. Sponsor reserves the right to select winners from eligible entries received as of the termination date.

CAUTION: Any attempt by a contestant to deliberately damage any Web site or undermine the legitimate operation of the game is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages from any such contestant to the fullest extent of the law. If there is a dispute as to the identity of the Entrant, the prize will be awarded to the authorized account holder of the email address. The “authorized account holder” is defined as the natural person to whom the email address is assigned.

7. GOVERNING LAW: This Contest is governed by the internal laws of the state of New York without regard to principles of conflict of laws. All cases and claims pertaining to this Contest must be brought in a court of competent jurisdiction in the City of New York, without recourse to class action suits.

8. SEVERABILITY: If any provision of these Rules is found to be invalid or unenforceable by a court of competent jurisdiction or appointed arbitrator, such determination shall in no way affect the validity or enforceability of any other provision herein.

9. WINNER’S LIST: For name of Winner, available after January, 2010, send a separate self-addressed, stamped envelope to Health magazine Spa Makeover Contest, 1271 Avenue of the Americas, 5th floor, New York, NY 10020.
10. SPONSOR: The Sponsor of this Contest is Health magazine, 1271 Avenue of the Americas, 5th floor, New York, NY 10020.