VYBE National Massage Therapy Awareness Giveaway Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING DEPEND UPON THE NUMBER OF ELIGIBLE ENTRIES (AS DEFINED BELOW) RECEIVED. SWEEPSTAKES IS SUBJECT TO ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS. VOID WHERE PROHIBITED.
OFFICIAL RULES: VYBE (“VYBE”) offers Sweepstakes periodically through the use of our Instagram account. Eligible entrants have the opportunity to enter for a chance to win a prize. Prizes shall consist of various VYBE products featured in a Sweepstakes Instagram post (“Post”), gift cards, or any other item chosen by VYBE. The prize shall consist generally of the products displayed and/or described in the Post (“Prize”). VYBE reserves the right to swap out or alter the actual contents of the Prize based on availability or other unforeseen circumstances.
DATES: The “VYBE National Massage Therapy Awareness Giveaway” (the “Sweepstakes”) begins on 10/25/2020 and ends 10/31/2020 at 11:59pm EST (“Sweepstakes Period”). vybepercussion.com date and time stamp will be the “official computer” and official time keeping device for this Sweepstakes Entry. All times in the Sweepstakes refer to Eastern Standard Time (“ET”).
ELIGIBILITY: This Sweepstakes is open to permanent, legal United States residents who reside in one (1) of the fifty (50) United States or the District of Columbia (excluding Puerto Rico, Guam, the Virgin Islands and other United States territories), and who are eighteen (18) years of age or older and of the age of majority in their state of residence as of the start of the Sweepstakes Period. Officers, directors, and employees of Administrator, members of these persons’ immediate families (spouses and/or parents, children, and siblings, and each of their respective spouses, regardless of where they reside), and/or persons living in the same households as these persons (whether or not related thereto) are not eligible to enter or win the Sweepstakes. The Administrator of these Sweepstakes shall include Penthe Company, and each of their respective parent, subsidiary, and affiliate companies and any other entity involved in the development, administration, promotion, or implementation of the Sweepstakes (“Administrator”). Final determination of Winner (defined below) is subject to verification of these eligibility requirements. By entering this Sweepstakes, Entrants indicate their full and unconditional agreement to, and acceptance of, these Official Rules and the decisions of Administrator, which are final and binding in all respects. Winning the Prize is contingent upon fulfilling all requirements set forth herein.
TO ENTER: In order to enter the Sweepstakes, Entrant must visit the link https://vybepercussion.com/pages/vybe-pro-giveaway and follow the link to the entry page (“Entry Page”). Once at the Entry Page, Entrant must complete and submit their first name, last name and email address. Upon clicking the “Enter Now” button, Entrant will receive one (1) Entry into the Sweepstakes.
Entrant may not submit unlimited Entries. In the event of a dispute regarding the identity of the person who submitted an entry, the entry will be deemed submitted by the Authorized Account Holder (defined below) of the e-mail address from which the entry was sent. “Authorized Account Holder” is defined as the natural person who is assigned to an e-mail address by the Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. An Entrant may be requested to provide Administrator with proof that the Entrant is the Authorized Account Holder of the email address associated with the entry. Any attempt by any Entrant to enter this Sweepstakes using multiple/different accounts or any other methods may void the Entrant’s entry and may result in disqualification, at the sole discretion of Administrator. Entries generated by a script, macro, or other automated means or by any means that subverts the entry process detailed above will be disqualified. Entries must be received before the end of the Sweepstakes Period to be eligible for the Sweepstakes.
This Sweepstakes is in no way sponsored, endorsed, or administered by, or associated with Instagram. You understand that you are supplying your information to the Administrator and not to Instagram.
CONDITIONS: By entering the Sweepstakes, each entrant agrees for entrant and for entrant’s heirs, executors, and Administrators (a) to release and hold harmless Administrator, Sweepstakes entities, and each of their respective officers, directors, contractors, and employees (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant’s participation in the or Sweepstakes and/or his/her acceptance, possession, use, or misuse of Prize or any portion thereof (including any travel related thereto); (b) to indemnify Released Parties from any and all liability resulting or arising from the Sweepstakes and to hereby acknowledge that Released 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 Prize, including express warranties provided exclusively by Administrator that are sent along with Prize; (c) if selected as a Winner, to the posting of such entrant’s name on the Website, on-air, and the use by Released Parties of such name, voice, image, and/or likeness for publicity, promotional, and advertising purposes in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval, and, upon request, to the giving of consent, in writing, to such use; and (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Sweepstakes itself, and to be bound by all decisions of the Administrators, which are binding and final. Failure to comply with these conditions may result in disqualification from the Sweepstakes at Administrators’ sole discretion.
Entrant’s entry cannot infringe on the intellectual property, privacy, or publicity rights or any other legal or moral rights of any third party. Post Comment must be in English and must NOT include the brand name or the trademark of any other, except for Administrator. Entries not meeting the requirements as set forth in these Official Rules or entries that contain prohibited, inappropriate, or irrelevant content, as determined by Administrator in their sole discretion, will not be eligible and will be disqualified. Any entry suspected by Administrator of violating the proprietary rights of any third party (including but not limited to intellectual property rights and rights of privacy/publicity), or any local, state or federal law(s) will be disqualified, at Administrator’s sole discretion. Administrators reserve the right to permanently disqualify from any promotion any person they believe has intentionally violated these Official Rules. Any attempt to deliberately damage the Sweepstakes or the operation thereof is unlawful and subject to legal action by Administrators, who may seek damages to the fullest extent permitted by law.
Without limitation, Administrator reserves the right in its sole discretion to disqualify any Entrant whose Instagram account that, in its sole opinion, refers, depicts or in any way reflects negatively upon the Administrator, the Sweepstakes or any other person or entity, does not comply with these Official Rules, or if Administrator receives notification about any potential infringements or breaches of law or any other reason set forth herein.
Administrator and Sweepstakes entities shall not discriminate on the basis of race, color, religion (creed), gender, gender expression, age, national origin (ancestry), disability, marital status, sexual orientation, or military status, in any of its activities, operations, or selection of Sweepstakes winners.
ADDITIONAL CONDITIONS: The failure of Administrators to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Administrators (excepting compliance with applicable codes and regulations), or other “force majeure” event will not be considered a breach of these Official Rules. Released Parties assume no responsibility for any injury or damage to entrants’ or to any other person’s computer relating to or resulting from entering or downloading materials or software in connection with the Sweepstakes. Released Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of entry information; for errors in any promotional or marketing materials or in these Official Rules; for any human or electronic error; or for Entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned. Administrators reserve the right to cancel, modify, or suspend the Sweepstakes or any element thereof (including, without limitation, these Official Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Official Rules). In the event of cancellation, modification, or suspension, Administrators reserve the right to select Winners in a random drawing from among all eligible, non-suspect Entries received prior to the time of the event warranting such cancellation, modification, or suspension. Notice of such cancellation, modification, or suspension will be posted on the Website. Administrators may prohibit any entrant or potential entrant from participating in the Sweepstakes, if such entrant or potential entrant shows a disregard for these Official Rules; acts with an intent to annoy, abuse, threaten, or harass any other entrant, Administrators, or Administrators’ agents or representatives; or behaves in any other disruptive manner (as determined by Administrators in their sole discretion). Administrator reserves the right to modify these rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes.
By participating, Entrant agrees that their entry may be shared on social media sites or other websites by the Administrator. By submitting an entry, Entrant grants Administrator and its affiliated companies worldwide, non-exclusive, perpetual, irrevocable, royalty-free, unconditional, and fully paid-up rights to publicly perform, display, broadcast, or transmit the entry, in whole or in part, for promotion and marketing purposes worldwide in any and all forms of media, whether now known or hereafter devised, and to distribute (directly or indirectly through multiple tiers) the entry to Administrator’s affiliates, its marketing agencies, and to third parties for these purposes. Without limiting the foregoing, each Entrant consents to have the Entrant’s entry made available for public viewing and/or comment on the Internet.
PRIZE: On or about 11/4/2020, one (1) prize winner (the “Prize Winner) will be selected from among all eligible entries received during the Sweepstakes period to win the Prize consisting of (1) VYBE Pro Massager. There is a limit of one (1) prize to be awarded for the Sweepstakes. No transfer or substitution of the Prize is permitted, except at Administrator’s sole discretion or as otherwise provided herein. Prize Winner is solely responsible for all federal, state and local taxes.
NOTIFICATION/ PRIZE CLAIM: Prize Winner will be notified by the Administrator by their submitted email on or about 11/1/2020 (the “Notification”). The Notification will request that the Prize Winner respond with the following information: first name, last name, street address, city, state, zip code, phone number, and birth date (the “Required Information”) within three (3) business days of receipt of the Notification. Upon receipt of the Required Information, the Prize Winner will then be contacted by the Administrator via email to complete, except where prohibited, an Affidavit of Eligibility/Liability/Publicity Release and an IRS W-9 Form (the “Winner Documents”) in order to claim the Prize. Winner Documents must be completed and returned by the date and time indicated in the email.
In the event that the Prize Winner (a) fails to respond to the Notification; (b) fails to respond due to deactivation of the Prize Winner’s email account prior to receipt of the Notification; (c) Prize Winner fails to supply all the Required Information or the Winner Documents; (e) any Notification is returned as undeliverable; and/or (f) it is determined by the Administrator, in their sole discretion, that the Prize Winner is not eligible in accordance with these Official Rules, such Prize Winner will be disqualified and an alternate Prize Winner will be selected from the remaining non-winning eligible entries received during the Sweepstakes Period.
The value associated with the Prizes are taxable as income and the Prize Winner is solely responsible for any taxes, including, but not limited to, all applicable federal, state and local taxes that become due with respect to the value of the Prize. The Administrator, or a third party acting on its behalf, may be required to report the value of the Prize to the Internal Revenue Service in the year the Prize is received by the Prize Winner; and, in such case, the value of the Prize will be reported to the Prize Winner and the Internal Revenue Service in the form of a Form 1099 and/or other applicable tax forms.
DISPUTES: THE SWEEPSTAKES IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF MASSACHUSETTS, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN SUFFOLK COUNTY, MASSACHUSETTS. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION, INC., IN ACCORDANCE WITH ITS EXPEDITED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“AAA RULES”). THE AAA RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN MASSACHUSETTS. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF UNITED STATES. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.