“FREE
MASSAGE AND CONSULTATION” OFFICIAL RULES
1. ELIGIBILITY
No purchase necessary to participate. “Free Massage and
Consultation” giveaway is offered only in California to
legal United States residents at least 18 years old, except
in locations where such Promotion is void where prohibited or
otherwise regulated by law. Employees and directors of Back
to Health, advertising and promotion agencies, and the immediate
families of each (i.e. spouse, mother, father, sister, brother,
daughter or son, regardless of where they live) or members of
their same households (whether related or not) of such employees
and directors are not eligible. Only persons registering through
the official web site are eligible for the promotion. By entering,
you agree to these Official Rules and the decisions of Back
to Health, are final and binding in all respects. This Sweepstakes
is subject to all United States federal, state, and local laws
and regulations.
2. PROMOTIONAL
PERIOD
Promotional period begins on 1/1/03 at 12:00 a.m. Pacific Time
(PT), and ends on 12/31/03 at 11:59:59 p.m. PT ("Promotional
Period").
3. ENTRY
All “Free Massage and Consultation” entries must
be submitted by Internet, Official Entry Form or 3X5”
card to Back to Health. Participant’s computer must accept
cookies, or any successor or similar technology (now known or
hereafter devised or discovered) which may be used by Back to
Health for purposes of entry tracking. Participant must: (1)
access the Back to Health web site at http://www.backtohealthoc.com/,
(2) complete the registration form for newsletter membership
(if you have not already registered) by filling out full name,
complete home address, including zip code, home telephone number
(including area code), email address, and any other requested
fields, and (3) follow the instructions at the web site to complete
the “Free Massage and Consultation” entry procedures.
4. DRAWING
The 5 winners will be selected at random from all eligible entries
received by the final day of each month at 11:59:59 pm PT. Drawing(s)
for the “Free Massage and Consultation” session
in the offices of Back to Health located in Fountain Valley,
California, USA will take place monthly. All judges’ decisions
are final. Winner will be notified by telephone, within approximately
7 days of the drawing. If the winner cannot be contacted within
a reasonable time, or if a winner fails to claim the prize within
30 calendar days of notification, disqualification may result,
and an alternative winner may be selected.
Acceptance
of prize constitutes permission to use the winner’s name
and/or likeness on the web site or other promotional materials,
for advertising purposes without further compensation. Winner
will be required to sign an affidavit of compliance with these
Official Rules, a prize release, and a release for use of his/her
name, picture, biographical information, likeness, and voice
for publicity purposes. Failure to timely return affidavits
and releases may result in disqualification, and an alternative
winner may be selected.
5. PRIZE/ODDS
Five “Free Massage and Consultation Sessions” (valued
at $85 each) are awarded for each month during the entire Promotional
Period: Odds of winning depend on the number of eligible entries
received that month. No transfer or substitution of prize is
allowed. However, if prize becomes unavailable for any reason,
Back to Health may award a substitute prize of equal value.
Back to Health does not provide travel or accommodations for
prize winners. Prizes may not be redeemed for cash value.
6. GENERAL
CONDITIONS
If by reason of a printing or other error, more prizes are claimed
than the number set forth in these Official Rules, all persons
making purportedly valid claims will be included in a random
drawing to award the advertised number of prizes available in
the prize category in question. No more than the advertised
number of prizes will be awarded each month.
Entrants
agree to release and hold Back to Health, together with its
parent companies, affiliates, subsidiaries, and respective directors,
officers, employees, licensees, and assigns harmless from any
and all liability for any illness, personal injuries, loss or
damage of any kind to persons, including but not limited to
death and property, arising in whole or in part, directly or
indirectly, from any winning, acceptance, possession, use or
misuse of a prize, participation in any “Free Massage
and Consultation” session related activity, or participation
in this “Free Massage and Consultation Session”
promotion.
Back to
Health reserves the right, at its sole discretion, to disqualify
any individual it finds (1) to be tampering with the entry process
or the operation of the promotion or web site, (2) to be in
violation of the Terms of Service of the web site, (3) to be
acting in violation of the Official Rules, or (4) to be acting
in a disruptive manner, or with intent to annoy, abuse, threaten
or harass any other person.
Any entries through the use of robotic, automatic, macro, programmed
or like entry methods will be void.
Back to Health may prosecute any fraudulent activities to the
full extent of the law.
7. LIMITATIONS
OF LIABILITY
Back to Health is not responsible for any incorrect or inaccurate
information, whether caused by web site users, or tampering
or hacking, or by any of the equipment or programming associated
with or utilized in the promotion and 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 the web site.
Back to
Health is not responsible for injury or damage to a participant’s
or to any other person's computer related to or resulting from
participating in this promotion or downloading materials from
or use of the web site. If, for any reason, the promotion is
not capable of running as planned by reason of infection by
computer virus, worms, bugs, tampering, unauthorized intervention,
fraud, technical failures, or any other causes which, in the
sole opinion of Back to Health, could corrupt or affect the
administration, security, fairness, integrity or proper conduct
of this promotion, Back to Health reserves the right at its
sole discretion to cancel, terminate, modify or suspend this
promotion.
IN NO EVENT
WILL BACK TO HEALTH, ITS LICENSEES, AFFILIATES, SUBSIDIARIES
AND RELATED COMPANIES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE
FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF
ACCESS TO AND USE OF WWW.BACKTOHEALTHOC.COM.
WITHOUT
LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED
"AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION
OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS
MAY NOT APPLY.
IF ANY PART
OF THESE RULES IS HELD VOID OR INVALID BY OPERATION OF LAW OR
OTHERWISE, THE OTHER PROVISIONS WILL REMAIN IN FULL FORCE AND
EFFECT.
8. DISPUTES
As a condition of participating in this promotion, participant
agrees that any and all disputes which cannot be resolved between
the parties, and causes of action arising out of or connected
with this promotion, shall be resolved individually, without
resort to any form of class action, exclusively, before a court
located in Orange County, California, having competent jurisdiction,
which Court shall apply the laws of the State of California
without regard for doctrines of Conflict of Law. Further, in
any such dispute, under no circumstances will participant be
permitted to obtain awards for, and hereby waives all rights
to claim punitive, incidental or consequential damages, or any
other damages, including attorneys' fees, and participant further
waives all rights to have damages multiplied or increased.
9. WINNERS
LIST
For names of the winners send a self-addressed stamped envelope
marked "SWEEPSTAKES" for receipt by the 12/31/03 to:
Back to Health, Inc., 10956 Warner Avenue, Fountain Valley,
CA 92708, Tel. (714) 965-5145. The names of winners will also
be posted at www.backtohealthoc.com.
