THE NOW MASSAGE SWEEPSTAKES
OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
ELIGIBILITY: Only legal residents of the fifty (50) United States and the District of Columbia (except Rhode Island) who are 21 years of age or older are eligible to enter. Not open to employees, officers or directors (or to members of the immediate family or household of any employees, officers, or directors) of The Now Franchise, LLC (“Sponsor”), or any of its parents, subsidiaries, affiliates, franchisees, or any advertising or promotion agencies involved in this Sweepstakes promotion (collectively, the “Sweepstakes Entities”). Eligibility may be verified at any time. The NOW Frisco x Karma Fitness Giveaway (the “Sweepstakes”) is subject to all applicable federal, state, and local laws and regulations. Void in Rhode Island and where prohibited.
SWEEPSTAKES PERIOD: The Sweepstakes begins on 9/16/2022 and ends on 10/28/2022 at 11:59:59 p.m. PT (the “Sweepstakes Period”). The Sponsor’s database computer is the official time-keeping device for the Sweepstakes. Proof of posting/submission is not proof of receipt. By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules.
HOW TO ENTER: During the Sweepstakes Period, do the following on Woobox to earn one (1) entry into the Sweepstakes (“Basic Entry”):
By entering the giveaway, you agree to the giveaway Official Rules. You also agree to receive email communication and special offers from The NOW Massage (Sponsor) Sweepstakes partners: Karma Fitness.
Limit one (1) entry per person and per email address. Any attempt to enter multiple times by using multiple names, email addresses or other means is grounds for disqualification.
No responsibility is assumed for lost, late, misdirected, incomplete, or damaged entries or for any failed or interrupted electronic communications. Any use of robotic, repetitive, automatic, programmed or similar entry methods or agents (including, but not limited to, promotion entry services) will void all entries by that entrant. In the event of a dispute as to the identity of an entrant, entry will be deemed submitted by the authorized account holder of the email address submitted as part of the entry. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address.
WINNER SELECTION AND NOTIFICATION: The winner of the Sweepstakes will be randomly selected from all eligible entries received throughout the Sweepstakes Period. The random drawing will be conducted on or about 10/28/2022. The potential winner will be notified by email. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. If a potential winner does not respond within 72 hours after the first notification attempt, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner may be disqualified and an alternate winner may be selected. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected. Each potential winner may be required to execute an Affidavit of Eligibility, a Liability Release, and (where legal) a Publicity Release (collectively, “Prize Claim Documents).
PRIZE/ODDS: One (1) Grand Prize available: One (1) curated gift bag filled with a selection of best-selling products from the Nourish, Scent and Room by The NOW’s collection ($150 value). Names of prize manufacturers or suppliers are trademarks of those companies, none of which are sponsors of or responsible for this Sweepstakes. Winner is responsible for all federal, state and/or local taxes, and for any other fees or costs associated with acceptance or use of the prize not expressly included above, including but not limited to travel to/from their preferred The Now massage boutique. No cash alternative or prize substitutions or transfers will be allowed, except in Sponsor’s discretion; Sponsor may award a substitute prize of comparable or greater value if any prize or prize component listed above becomes unavailable for any reason. Spa experience must be completed by 1/01/2023; all dates and spa services are subject to availability; major holidays and other blackout dates are excluded; all arrangements and reservations must be made in advance and approved by Sponsor.
Odds of winning depend on the number of eligible entries received.
GENERAL: Acceptance of a prize constitutes winner’s permission for Sponsor to use winner’s name, photograph, likeness, voice, biographical information, statements and address (city and state) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation except where prohibited by law .
No responsibility is assumed for (a) any damage to an entrant’s computer system which is occasioned by accessing the @thenowmassage or otherwise participating in the Sweepstakes; (b) any computer system, phone line, hardware, software or program malfunctions, or other errors, failures or delays; (c) incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due submissions or prize notifications; (d) lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; (e) miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; (f) any technical malfunctions, failures, difficulties or other errors of any kind or nature; or (g) the incorrect or inaccurate capture of information, or the failure to capture any information.
Sponsor reserves the right in its sole discretion to disqualify any individual from this Sweepstakes and any other promotion offered by Sponsor who is found to be tampering with the entry process or the operation of the Sweepstakes or the Website, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.
Sponsor reserves the right to modify, extend, suspend, or terminate the Sweepstakes, in whole or in part, if it determines, in its sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other unintended circumstances have impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes as contemplated herein. If the Sweepstakes is terminated before the designated end date, Sponsor will (if possible) select winner(s) in a random drawing from all eligible, non-suspect entries unaffected by the problem. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy in such circumstances.
Only the type and quantity of prizes described in these Official Rules will be awarded. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available in the prize category in question may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s). Inclusion in such drawing shall be each entrant’s sole and exclusive remedy in such circumstances.
If any provision of these Official Rules is deemed unenforceable by any court of competent jurisdiction for any reason, the remaining provisions shall remain enforceable to fullest extent possible.
RELEASE OF LIABILITY: Entrants (and any minor entrant’s parent or legal guardian) agree that the Sweepstakes Entities (a) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Sweepstakes or any Sweepstakes-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize, and (b) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose unless the prize is a product or service offered by the Sweepstakes Entities.
DISPUTE RESOLUTION:
Governing Law: This Sweepstakes shall be governed by and interpreted under the laws of the State of California, U.S.A. without regard to its conflicts of laws provisions, except that the arbitration provisions below shall be governed by the Federal Arbitration Act.
Arbitration: Entrants hereby agree that any and all disputes, claims, causes of action, or controversies (“Claims”) arising out of or in connection with this Sweepstakes shall be resolved, upon the election by entrant or Sponsor, by arbitration conducted by telephone, online and/or be solely based on written submissions without any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties, pursuant to this provision and the code of procedures of either the National Arbitration Forum (“NAF”) or the American Arbitration Association (“AAA”), as selected by the entrant. IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM. FURTHER, NEITHER SPONSOR NOR ENTRANT WILL HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR OTHER PERSONS SIMILARLY SITUATED, OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT ENTRANT WOULD HAVE IF ENTRANT WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. Unless both entrant and Sponsor agree otherwise, the arbitrator may not consolidate more than one person's Claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator’s authority to resolve Claims is limited to Claims between Sponsor and entrant alone, and the arbitrator’s authority to make awards is limited to awards to Sponsor and entrant alone. Furthermore, claims brought by either party against the other may not be joined or consolidated in arbitration with Claims brought by or against any third party, unless agreed to in writing by all parties. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in these Official Rules and without waiving either party’s right to appeal such decision, should any portion of this provision be deemed invalid or unenforceable, then the entire provision (other than this sentence and the paragraph below) shall not apply.
Litigation: If arbitration is not used to resolve a Claim, entrant AGREES THAT THERE WILL NOT BE A JURY TRIAL. ENTRANT AND SPONSOR EACH UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY CLAIM OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE SWEEPSTAKES IN ANY WAY. IN THE EVENT OF LITIGATION, THIS PARAGRAPH MAY BE FILED TO SHOW A WRITTEN CONSENT TO A TRIAL BY THE COURT. Entrant further agree that, to the extent allowed by applicable law, (i) any and all disputes, claims, and causes of action arising out of or in connection with the Sweepstakes, or any prize awarded, shall be resolved individually without resort to any form of class action; (ii) any claims, judgments and awards shall be limited to reasonable and actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorney's fees; and (iii) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim, punitive, incidental, indirect or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for reasonable and actual out-of-pocket expenses. Any litigation relating to these Official Rules or the Sweepstakes shall be brought exclusively in the state or federal courts in California, and entrant hereby consents and waives any objection to such jurisdiction.
DATA: Any information you submit is governed by Sponsor’s Privacy Policy located at thenowmassage.com.
WINNER NAME: To obtain the winner’s name (first name, last initial, city & state), available after 10/01/2022, send a self-addressed stamped envelope to The Now Massage Spa Experience Sweepstakes, 8149 Santa Monica Boulevard, #298, Los Angeles, CA 90046. All such requests must be received by 10/25/2022.
Sponsor: The Now Franchise, LLC, 8149 Santa Monica Boulevard, #298, Los Angeles, CA 90046. Woobox is not a sponsor of or associated in any way with this Sweepstakes.