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Om Room School of Yoga Win A Trip To Mexico Raffle Official Rules
VOID WHERE PROHIBITED
This raffle is hosted by Om Room School of Yoga, 300 Natural Bridges Drive, Santa Cruz, CA.The raffle entry period begins on March 15, 2008 at 12:01 AM Pacific Standard Time (“PST”), and ends on May 15, 2008 at 11:59 PM PST. All additional services and support provided by Casa Viva Troncones, Playa Viva, and other applicable parties are donations used to establish and maintain the before mentioned raffle are subject to all applicable rules and regulations governing non-profit laws and customary laws in the State of California. By entering and participating in the raffle, entrant (1) fully and unconditionally agrees to accept and be bound by these Official Rules and by all decisions of Om Room School of Yoga which decisions, including without limitations decisions regarding eligibility, winners and the interpretation of these Official Rules and all terms in these Official Rules, shall be final and binding in all respects; and (2) represents and warrants that all information provided by entrant in connection with the raffle is true, accurate and complete as of the date of entry.
1. ELIGIBILITY: VOID OUTSIDE OF THE ELIGIBILITY AREA AND WHERE OTHERWISE PROHIBITED BY LAW. Winner(s) under the age of 18 years old must be accompanied by an adult or a qualified guardian. If a minor wins, the prize will be awarded in the name of a parent or legal guardian who must accompany minor on trip as the approved guest as set forth in Item 4.b. Employees, officers, directors, shareholders, teachers and agents of Om Room School of Yoga, and any other participating sponsors and their respective representatives and agents and their immediate family members (spouse, mother, father, sister, brother, daughter, or son, regardless of where they live) or members of the same households (whether related or not) of the foregoing individuals, are not eligible to participate in the raffle. ALL INTERNATIONAL, FEDERAL, PROVINCIAL/STATE AND LOCAL LAWS AND REGULATIONS APPLY. PROMOTION IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
2. HOW TO ENTER:
a. RAFFLE PARTICIPANTS MUST COMPLETE ALL OF THESE STEPS TO ENTER:(1) Between March 15, 2008 at 12:01 AM Pacific Standard Time ("PST") and May 15, 2008 at 11:59 PM PST participant must purchase an Unlimited Class Pass from Om Room School of Yoga. Passes may be purchased in person at 300 Natural Bridges Drive, Santa Cruz, CA or online at HYPERLINK "http://www.omroom.com" www.omroom.com. (2)For every 4 weeks of Unlimited Classes purchased participant is eligible to receive 1 entry form: 4 weeks purchased=1 entry; 12 weeks purchased = 3 entry forms; 52 weeks purchased = 12 entry forms; Simplified Tuition sign-up (1 year commitment required) = 13 entry forms. (3) Participant must fill out all entry forms completely and return them to 300 Natural Bridges Drive, Santa Cruz, CA no later than Saturday, May 17, 2008 at 11:59 AM PST. Participants who purchase passes on-line at HYPERLINK "http://www.omroom.com" www.omroom.com must bring proof of purchase (receipt) to 300 Natural Bridges Drive, Santa Cruz, CA to receive entry forms before the entry deadline of May, 17, 2008 at 11:59 AM PST.
b. ENTRY GUIDELINES AND RESTRICTIONS: Om Room School of Yoga is not responsible for late, lost, illegible, incomplete, damaged, destroyed, delayed, misdirected or postage-due mail or other error of any kind whether human, mechanical or electronic regarding entries.
Entries received by Om Room School of Yoga after May 17, 2008 at 11:59 AM PST will be discarded and deemed VOID. Any attempt to enter this raffle that is made in a manner other than as permitted in this Section will, upon discovery thereof by Om Room School of Yoga, be deemed VOID and ineligible. Proof of purchase of an Unlimited Class Pass will not be deemed by Om Room School of Yogaa to constitute proof of delivery or receipt of entry. Any use of entry methods prohibited by these Official Rules may, upon discovery thereof by Om Room School of Yoga and in Om Room School of Yoga’ sole and absolute discretion, VOID some or all entries made by such methods and subject entrant to disqualification from further participation in the raffle and/or any future promotions. No changes to any entry materials or information will be permitted once submitted. All entries become the property of Om Room School of Yoga and will not be returned.
3. RESERVATION OF RIGHTS: Om Room School of Yoga reserves the right to substitute a prize of equal or greater value. In the event that any prize is not available for any reason, then remaining elements of prize shall constitute full satisfaction of Om Room School of Yoga’ prize obligation to Winner and no substitute or additional compensation will be awarded. Winner(s) may withdraw from the trip and forfeit the prize and Om Room School of Yoga will return the value of one (1) entry to the winner(s).
4. THE GRAND PRIZE:
a. SELECTING THE WINNERS: On or around May 17, 2008, two (2) Grand Prize Winners ("Winner") will be selected at random by Om Room School of Yoga from among all eligible entries received during the raffle period. Winner need not be present at drawing to win. Inability of Om Room School of Yoga to contact Winner(s), or return of Om Room School of Yoga’ emails or regular postal mail or prize notification as "undeliverable" for any reason, may result in disqualification of Winner(s) and selection of an alternate Winner from among all remaining eligible entries. Winner, where permitted by law, may be required by Om Room School of Yoga to execute and return an Affidavit of Eligibility and a Liability/Publicity Release (the "Affidavit/Release") within seven (7) days of notification. Noncompliance within such seven (7) day requirement, or inability or unavailability of Winner to accept a prize for any reason, may result in disqualification of Winner and selection by Om Room School of Yoga of an alternate Winner from among all remaining eligible entries.
b. PRIZES: Two (2) Winners will be awarded the Grand Prize, which will consist of one (1) Casita (Round or Square) for a full week, Saturday to Saturday at Casa Viva Troncones, Mexico for Winner and one (1) approved guest who meets all eligibility requirements contained in these Official Rules. Stay must be completed within one year of winning. The following black out dates apply for the Grand Prize: Thanksgiving, Christmas and New Years Week, Presidents Week/Feb. Easter Week (2 weeks, week of and week before), Memorial Day Week and Labor Day Week. Dates to redeem the Grand Prize are based on availability at Casa Viva Troncones. All other travel-related expenses not specifically mentioned herein (including airfare and other transportation, food and beverage, telephone, in-room hotel services and taxes) are the responsibility of the winner to pay. The total approximate retail value of the Grand Prize is USD$1,820.00. The value of the Grand Prize represents Om Room School of Yoga’ good faith determination of the maximum retail value thereof. All persons accompanying the Winner must meet all eligibility requirements otherwise specified in these Official Rules, and must execute the Affidavit Release in order to be allowed to accompany Winner or receive any other portion or benefits of the Prize.
c. ADDITIONAL TERMS AND CONDITIONS GOVERNING PRIZE: Om Room School of Yoga assumes no responsibility for cancellation due to labor strike, industry conditions, commercial viability, or any other cause. The Grand Prize, or any part thereof is not transferable for consideration. Transfer of Grand Prize, or any part thereof by winner(s) result in automatic forfeiture of prize. Grand Prize is transferable without consideration only with the express written consent of Om Room School of Yoga. All winner(s) must meet all eligibility requirements otherwise specified in these Official Rules, and must execute the Affidavit Release in order to be allowed to receive any other portion or benefits of the Grand Prize. All taxes (including without limitation Federal, state, and local taxes) on or in connection with the Grand Prize, and the reporting consequences thereof, are the sole and exclusive responsibility of Winner. No substitution of the Grand Prize will be permitted, except that Om Room School of Yoga reserves the right in their sole discretion to substitute all or any portion of the Grand Prize with either the cash value of the Prize or such portion thereof, or a Prize or prizes of equal or greater value thereto, in the event that (i) such Grand Prize or portion thereof is or becomes unavailable, or (ii) the Winner is unable to receive, accept, or assume responsibility for the Grand Prize or any portion thereof for any reason. Except where otherwise expressly noted in these Official Rules, the selection of all donated vendors, prizes, products, and services is subject to Om Room School of Yoga’ sole and absolute discretion.
5. TAXES: All Prize winner(s) are responsible for international, federal, provincial/state, and local taxes on prizes, including income taxes, and any incidental expenses associated with collection or use of any prize.
6. ODDS OF WINNING: Odds of winning will vary based on the total number of eligible entries received.
7. DISQUALIFICATION/INELIGIBILITY: Without limiting any other provision of these Official Rules, Om Room School of Yoga reserves the right, at any time and in its sole discretion, to disqualify and/or deem ineligible to participate in this Prize or other promotions, any individual Om Room School of Yoga suspects or determines: to be tampering with the entry process or the operation of the Prize or Site; to be in violation of the Terms of Use, Privacy Policy, or other terms, conditions, or guidelines; to have failed to agree to these Official Rules; to be in violation of these Official Rules; to be acting in bad faith, or in a non-sportsmanlike or disruptive manner; or to be annoying, abusing, threatening, or harassing any other person in connection with the Prize or the Site. Furthermore, Om Room School of Yoga reserves the right, in its sole and absolute discretion, to disregard and/or deem VOID any or all of such entrant's entries in the Sweepstakes. ANY ATTEMPT TO TAMPER WITH OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF THESE OFFICIAL RULES AS WELL AS CRIMINAL AND CIVIL LAWS. SHOULD SPONSORS BELIEVE OR BECOME AWARE THAT SUCH AN ATTEMPT HAS BEEN, IS BEING, OR WILL BE MADE, SPONSORS RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY RESPONSIBLE ENTRANT(S) AND OTHER RESPONSIBLE INDIVIDUAL(S) TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION CRIMINAL PROSECUTION.
8. LICENSE/PUBLICITY RIGHTS: Where permitted by law Winner agrees to grant to the Prize Entities, and their respective licensees, affiliates, and assigns, the right to print, publish, broadcast, and use, worldwide in any media now known or hereafter developed, including without limitation the World Wide Web, at any time or times, the Winner's name, likeness (actual or simulated), voice (actual or simulated), and biographical information as news or information and for advertising and promotional purposes without additional consideration; and further without such additional compensation, appear for, or provide biographical information for use in, any presentation or other activity which may include filming/audio/video/electronic or other recordings and/or interviews, as may be determined from time to time by the Prize Entities in their sole discretion. In addition, prior to accompanying Winner(s) on any portion of the trip or otherwise participating in or receiving any portion of the Prize or any benefits relating thereto, any and all persons selected by Winner(s) to accompany Winner on the trip or otherwise receive any portion of benefit of the Prize must also execute and deliver to Om Room School of Yoga the Affidavit/Release, granting to the Prize Entities and their respective licensees, affiliates, and assigns, the same rights.
9. RELEASE AND INDEMNIFICATION: BY ENTERING THE PRIZE RAFFLE, ENTRANTS RELEASE AND HOLD THE PRIZE ENTITIES, OM ROOM SCHOOL OF YOGA, VICTOR DUBIN, JOCELYN DUBIN, AND THEIR HEIRS HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE PRIZE OR PARTICIPATION IN ANY PRIZE -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 GRAND PRIZE, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, DEATH, AND/OR PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY.
10. DISCLAIMER: ASSUMPTION OF RISK. International travel incorporates inherent risks including, but not limited to, serious injury, loss of limbs, paralysis and/or death. Before departure, winner(s) must show proof of a valid passport which must be valid for at least 6 months from the date of departure. A valid visa is required for travel. Victor Dubin, DBA Om Room School of Yoga, Jocelyn Dubin, and/or their heirs do not assume responsibility for those inherent risks which may cause unfortunate accidents or incidents during ordinary travel conditions. Victor Dubin, DBA Om Room School of Yoga, Jocelyn Dubin, and/or their heirs will not be held responsible for injury, death, damage, loss, delay, cost, expense, or inconvenience arising from travel misfortunes beyond our control. Victor Dubin, DBA Om Room School of Yoga, Jocelyn Dubin, and/or their heirs do not accept any responsibility for late arrival or non-arrival of bags or any other luggage.
11. DISCLAIMER: LIMITATION OF LIABILITY. Om Room School of Yoga makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished or made available in connection with the Prize. No responsibility is assumed by Om Room School of Yoga for lost, late, incomplete, stolen, misdirected, mutilated, postage-due, illegible, unreadable, inaccurate, incorrect, inaccessible, corrupted, or unusable entries; incorrect or inaccurate online or printed information relating to the Prize (including typographical errors); any computer, telephone, cable, network, satellite, server, service provider, Site, electronic, power, or Internet or other hardware or software malfunctions, failures, connections, or availability; data loss or late or incorrect data processing; Internet traffic congestion; service provider/Internet/Site inaccessibility, unavailability, or malfunction; garbled or jumbled transmissions; or unauthorized human intervention. Although Om Room School of Yoga attempts to ensure the integrity of the Prize, Om Room School of Yoga is not responsible for the actions of entrants or other individuals in connection with the Prize, including entrants' or other individuals' attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity, or proper conduct of the Prize. Prize Entities are not responsible for injury or damage to entrant's or to any other person's computer(s), other equipment, or person(s), related to or resulting from participation in the Prize or downloading materials from or using the Site. If, for any reason, the Prize is not capable of running as planned by reason of damage by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical limitations or failures, strikes, industry conditions, bankruptcy or liquidation, marketplace demands, applicable law, unforeseen obstacles, or any other causes which, in the sole opinion of Om Room School of Yoga, could corrupt, compromise, undermine, or otherwise affect the administration, security, fairness, integrity, viability, or proper conduct of the Prize, Om Room School of Yoga reserves the right in its sole and absolute discretion to modify these Official Rules and/or to cancel, terminate, modify, or suspend all or any part of the Prize, and to select a Winner from among all eligible entries received up to the time of such cancellation, termination, modification, or suspension, as applicable, in accordance with Section 3(a) above. IN NO EVENT WILL THE OPPORTUNITY PRIZE ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF ANY ACCESS TO AND/OR USE OF THEIR SITES, THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THEIR SITES, THE REMOVAL FROM THE SITES OF, OR DISCONTINUATION OF ACCESS TO, ANY MATERIALS, OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF, OR PARTICIPATION IN, ANY PRIZE AWARDED IN CONNECTION WITH THE OPPORTUNITY PRIZE . WITHOUT LIMITING THE FOREGOING, THE OPPORTUNITY PRIZE, ALL PRIZES, AND ALL MATERIALS PROVIDED ON OR THROUGH THE SITES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. 8. GOVERNING LAW; LEGAL PROCEEDINGS: a. GOVERNING LAW: THE SUBSTANTIVE LAWS (AS DISTINGUISHED FROM THE CHOICE OF LAW RULES) OF THE STATE OF CALIFORNIA AND THE UNITED STATES OF AMERICA APPLICABLE TO CONTRACTS MADE AND PERFORMED ENTIRELY IN CALIFORNIA AND WHERE THE RELEVANT CONTACTS ARE WITH SUCH STATE SHALL GOVERN (i) THE VALIDITY AND INTERPRETATION OF THESE OFFICIAL RULES; (ii) THE PERFORMANCE BY ENTRANT AND OM ROOM SCHOOL OF YOGA OF THEIR RESPECTIVE OBLIGATIONS HEREUNDER; AND (iii) ALL OTHER CAUSES OF ACTION (WHETHER SOUNDING IN CONTRACT OR IN TORT) ARISING OUT OF OR RELATING TO THE SWEEPSTAKES.
12. DATES AND DEADLINES: Because of the unique nature and scope of the Prize, Om Room School of Yoga reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Grand Prize.
13. PRIVACY: Information submitted in connection with the Prize will be treated in accordance with these Official Rules and Om Room School of Yoga’ Privacy Policy (as may be amended from time to time); provided, that in the event of any conflict between these Official Rules and such Privacy Policy, the terms and conditions of these Official Rules shall prevail. Participants information will be shared with Playa Viva, Mexico.
14. NON-ENDORSEMENT: The use of any non-Sponsors' trademarks, service marks, logos, or other marks in connection with this Grand Prize or any prize is not meant by Om Room School of Yoga to imply the endorsement of the respective owner(s) of such marks, or any affiliation of the respective owner(s) of such marks with the Site or the Grand Prize.
15. SEVERABILITY; HEADINGS: If any provision of these Official Rules is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions. Headings and captions are used in these Official Rules solely for convenience of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof.
16. DISPUTES: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the participant and Sponsors in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of California without giving effect to any choice of law or conflict of law rules of provisions (whether of the State of California, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
17. COPYRIGHTS AND TRADEMARKS: All materials provided by Om Room School of Yoga and participation promotional partners are subject to copyright and trademark protections and remain the property of each individual company.
18. WINNERS LIST: For the name of the Winner(s) available after May 17, 2008, visit http://www.oceanchampions.org. |
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