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Gimmeabreak!sm CONTEST RULES AND TERMS & CONDITIONS

No purchase or payment of any kind is necessary to enter or win the Contest. A purchase will not improve your chances of winning. You have not yet won.

WHO MAY ENTER: The Gimmeabreak!SM Contest ("Contest") is open to legal residents of any of the United States (except Arizona) and the District of Columbia who are 21 years or older as of January 31, 2008, who have internet access, and who have an e-mail account, and who are not otherwise ineligible or disqualified pursuant to these Official Rules and Terms & Conditions ("Entrant(s)"). Ineligible persons include residents of Arizona or any other jurisdiction where the Contest is prohibited by law or void pursuant to these Official Rules and Terms & Conditions and employees of Oasis Day Spa ("Sponsor"), JetBlue Airways, Denihan Hospitality Group, J&R Music and Computer World, or Artisanal Fromagerie, Bistro and Wine Bar, their subsidiaries, affiliates, advertising and promotion agencies, and those associated with the development, distribution or implementation of this Contest, and members of their respective immediate families (parents, children, siblings and their respective spouses) and their household members. The Contest is subject to all applicable laws. The Contest is void in Arizona and where prohibited by law.

DEADLINE FOR ENTERING; LATE ENTRIES: The Contest begins at 12:01 EST on March 1, 2008, and ends at 11:59 PM EST on October 31, 2008. Participation in the Contest constitutes Entrant's full and unconditional agreement to and acceptance of these Official Rules and Terms & Conditions. Entries that are lost, late, misdirected, incorrect, garbled, or incompletely received, for any reason, including hardware, software, browser, or network failure, malfunction, congestion, or incompatibility at Sponsor’s server or elsewhere, will not be eligible. In the event of a dispute, entries will be deemed submitted by the authorized account holder of the e-mail address submitted at the time of entry. "Authorized account holder" is the natural person who is assigned to an e-mail address by an Internet Access Provider, online service provider, or other organization (e.g., business, educational institute) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.

HOW TO ENTER: To enter the Contest, create and submit an eligible video. No purchase or payment of any kind is necessary to enter or win the Contest. A purchase will not improve your chances of winning.

STEP ONE:
Create a video that shows crazy, outrageous, zany or funny events that require you to need a break and enjoy the Grand Prize. The video must show you actually experiencing or engaged in some activity where you reach the point of saying, Gimmeabreak!SM. The video must meet the criteria in "Eligible Videos," below.

STEP TWO:
Upload your video to your personal YouTube account. (To establish a personal YouTube account, go to http://youtube.com/my_videos_upload). Then go to http://youtube.com/group/gimmeabreak and click "Join This Group" in the upper right corner. Under "Videos," click "Add a Video." Check the box next to the video you want to add, and click "Add to Group."

STEP THREE:
Send your name, address, phone number and e-mail address to YouTube user "OasisDaySpa" via YouTube's personal messaging service at http://www.youtube.com/outbox, with the video attached. You may submit multiple entries, as long as each entry meets all Contest requirements and is materially different from all other submissions. Each entry must be original and creative and cannot be a copy, continuation or derivative of a previous video.

FORFEITURE OF RIGHTS: All entries become the property of Sponsor and will not be acknowledged or returned. By providing an e-mail address, Entrant grants Sponsor the right to send Entrant commercial messages and share Entrant's address with others. By entering the Contest, Entrant agrees to forfeit any rights to sell, use, display, or further exploit a submitted video in any media in any form, whether now known or hereafter developed. Entrant also recognizes that Sponsor will have the right to use and publish the entry video, the Entrant's name and likeness for any and all editorial, advertising and promotional purposes in any media, now known or hereafter developed, without additional compensation. By submitting a video to the Contest, Entrant represents that he/she owns all rights to his/her video, including, without limitation, the copyrights in the recording and the performance contained therein. Entrant further represents and warrants that he/she has obtained permission from each person whose name, image, likeness or voice ("Likeness") is included in the video, and that such person(s) have granted Entrant all necessary rights to use the Likeness as described in these rules, and that Entrant can make written copies of such permissions available to the Sponsor upon request. If the Likeness of a minor is included, such grant of rights must include written permission from the minor's parent or legal guardian authorizing the use of the minor's likeness on behalf of the minor. Entrant also agrees, as a condition of entry and if selected as a Winner, to make himself/herself available without charge for editorial, advertising and promotional appearances (television, radio, letter, webcast, or otherwise).

ELIGIBILE VIDEOS: Videos must be no longer than three minutes (180 seconds); must target an English-speaking audience; must not contain any material previously published or any material used in any other contest; and must be accompanied by Entrant's complete contact information. The judges, in their sole discretion, may disqualify any video that, in sound or image:

  • is accompanied by any false or misleading information regarding Entrant;
  • depicts or describes anything lewd, obscene, sexually explicit, in bad taste, unduly controversial, or otherwise inappropriate or offensive to a reasonable person;
  • depicts or describes any illegal act, injury to any living thing, or damage to any property not belonging to Entrant;
  • depicts or describes anything reasonably considered offensive to persons of any particular race, gender, religion, sexual orientation or physical condition;
  • defames or holds up to scorn or ridicule any actual person, living or dead, or any entity, or disparages any brand, product, service, image or reputation of Sponsor or any of its promotional partners, JetBlue Airways, Denihan Hospitality Group, J&R Music and Computer World, and Artisanal Fromagerie, Bistro and Wine Bar;
  • infringes, or allegedly infringes, any person's intellectual property rights or civil rights, including, but not limited to, copyrights, trade and service marks, patents, trade secrets, rights of publicity, and rights of privacy; or
  • depicts or describes anything that, in the judges' sole discretion, is calculated to harm, directly or indirectly, the business or reputation of Sponsor or any of its promotional partners.

SELECTION OF WINNERS: All qualified entries may be posted on Sponsor's YouTube site for public viewing. At the end of the submission period, all qualified entries will be judged by a panel of three judges selected by Sponsor. On or before November 15, 2008, the judges will select a Winner of the Grand Prize and three Winners of the Runner-Up Prizes. Qualified entries will be judged on the basis of humor (33%), creativity (33%) and the calculated average of daily number of video views, as reported by YouTube (34%). In case of any ties, the judges will re-judge the tying eligible videos based solely on creativity. All decisions of the judges will be final and binding. An Entrant's being selected a Winner will not foreclose a subsequent determination by Sponsor that the Entrant was ineligible or otherwise disqualified, in which event the Prize will be deemed forfeited, and the next-highest-scoring entry will be awarded the Prize. The odds of winning depend, in part, on the number of qualified entries received, as well as on each Entrant's skill at satisfying the judging criteria of humor, creativity and popularity.

GRAND PRIZE: The Winner of the Grand Prize will receive spa treatments for two (2) at the Oasis Day Spa (60-minute wrap, 60-minute Swedish massage, and 60-minute customized facial; total value $300.00); two (2) round-trip domestic airline tickets via JetBlue Airlines between any city served by JetBlue Airlines and New York City (see Note, below); hotel accommodations for two (2) at the Affinia Dumont Hotel for two nights (Friday and Saturday); a $500.00 shopping spree at J&R Music and Computer World; and dinner for two (2) at Artisanal Fromagerie, Bistro and Wine Bar. The estimated retail value of the Grand Prize is $4,000.00.

Note:

  • JetBlue Airlines portion of Grand Prize consists of two (2) Travel Certificates. Each Travel Certificate is redeemable for round-trip coach air transportation travel for one (1) passenger on JetBlue Airways between any two (2) cities in the JetBlue Airways route network.
  • Total Approximate Retail Value of Travel Certificates is five hundred ninety-eight dollars ($598.00). Actual value of Travel Certificates may vary based on airfare fluctuations and distance between departure and destination.
  • Travel Certificates are valid for one (1) year from date of issuance, and all travel must be completed on or before the expiration date as it appears on each Travel Certificate. Redeemed travel is subject to availability and seats may not be available on all flights. Travel may be capacity controlled and space is limited. Certain restrictions and blackout dates may apply, which may include a Saturday night stay, all of which are subject to change at the sole discretion of JetBlue Airways. Schedules are subject to change without notice. JetBlue Airways is not liable for any expenses incurred as a consequence of a flight cancellation or flight delay. Passengers are solely responsible for obtaining all necessary documentation, travel authorizations, and travel insurance, if any. JetBlue Airways reserves the right to deny boarding to passengers without the proper documentation. Passengers are solely responsible for any applicable fees, service charges, surcharges or passenger facility charges, and all insurance, federal, state and local taxes, if any, and any other unspecified expenses associated with acceptance or use of Travel Certificates, including without limitation all meals, air and ground transportation, personal incidentals, and gratuities. Travel Certificates are transferable; however, at no time may Travel Certificates be transferred without prior consent from JetBlue Airways. Travel Certificates are not redeemable for cash, and may not be sold, bartered, traded, or otherwise exchanged for value, including but not limited to in transactions on eBay or other online auction websites. Redemption of Travel Certificates at a JetBlue Airways airport ticket counter is not allowed. Loss of Travel Certificate authorization number and/or PIN cannot be replaced. Redeemed travel is not eligible for TrueBlue points and may not be used toward the purchase of a JetBlue Getaways Vacation Package or a JetBlue Cruise. TrueBlue is JetBlue Airways’ flight gratitude program. Passengers using Travel Certificates are subject and entitled to all provisions of the JetBlue Airways Contract of Carriage, except denied boarding compensation and the Passenger Bill of Rights. The JetBlue Airways Contract of Carriage is posted on the Sponsor’s website at http://www.jetblue.com/p/jetblue_coc.pdf. Use of Travel Certificates is subject to additional terms and conditions, and other restrictions may apply.

RUNNER-UP PRIZES: Each of the three Winners of the Runner-Up Prizes will win a Flip Video Camcorder provided courtesy of J&R Music and Computer World. The estimated retail value of each Runner-Up Prize is $150.

TAXES: State, federal and local income and other taxes, including, but not limited to any sales or value added taxes, if any, are the sole responsibility of the Winners. Winners will be required to provide a Federal Tax Identification Number or Social Security Number, whichever is applicable, and will receive an IRS 1099 tax reporting form.

NOTIFICATION: Each Winner will be notified by e-mail at the e-mail address furnished by Entrant. Two notification attempts will be made. Winner will have two weeks from the date of the first notification attempt to claim his/her Prize, failing which, at the discretion of Sponsor, the Prize will be deemed forfeited, and the next-highest-scoring entry will be awarded the Prize.

GENERAL RULES: As a condition to winning any Prize, Winner and each person depicted in Winner's video must properly complete and execute the following documents and return them by facsimile and snail mail to Sponsor by December 31, 2008; failing which, at the discretion of Sponsor, the Prize will be deemed forfeited, and the next-highest-scoring entry will be awarded the Prize: (1) an Affidavit of Eligibility and Liability Waiver; (2) where lawful, a Publicity Release, allowing Sponsor and its parent companies, affiliates, subsidiaries, advertising/promotional agencies, development/distribution/implementation partners to use Winner's name, address, biographical information, likeness, photograph, picture, voice, statements, items featured in Entrant's entry or entries (including submitted video, photographs, or written materials) for administration of this Contest and for editorial, advertising and promotional purposes in any and all media, including without limitation, television, radio, print, and the Internet, in perpetuity without further compensation, unless prohibited by law. Sponsor reserves the right, in its sole discretion, to cancel, modify, suspend or adjust the dates of this Contest (with or without awarding any Prizes) if a virus, bug, computer problem or other cause beyond Sponsor's control corrupts the administration, security or proper play of the Contest. Sponsor, in its sole discretion, reserves the right to disqualify any person tampering with the entry process or the operation of the website or using the website to annoy, abuse, threaten or harass any person. Use of bots or other automated process to enter is prohibited and may result in disqualification at the sole discretion of Sponsor. Sponsor further reserves the right to cancel, terminate or modify any promotion not capable of completion as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, force majeure or technical failures of any sort. WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION. IF SUCH AN ATTEMPT IS MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. Entrant also recognizes that by entering the Contest, Sponsor is working with YouTube to host submitted video entries and help implement the Contest. Sponsor is not responsible for the content or the privacy policies of YouTube or any of its partners or agencies. All prizes will be awarded following Sponsor's receipt of the above documentation. No purchase or payment of any kind is necessary to enter or win the Contest. A purchase will not improve your chances of winning.

DISCLAIMER OF LIABILITY: Entrant recognizes that Sponsor, its parents, subsidiaries, affiliates, advertising and promotional agencies, and their respective employees, agents, and contractors are not responsible for and will not be liable for (i) late, lost, delayed, misdirected, incomplete or unintelligible entries, telephone system or computer malfunctions, lost connections or transmission errors; (ii) any injuries, losses or damages of any kind caused by the acceptance, possession or usage of any prize or from participating in the Contest; or (iii) any printing, typographical, administrative or technological errors in any material associated with the Contest. BY PARTICIPATING, ENTRANTS AGREE TO INDEMNIFY AND HOLD HARMLESS SPONSOR AND ITS LICENSEES FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES OR LIABILITY (INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES) THAT MAY BE ASSERTED AGAINST OR INCURRED BY ANY OF THEM AT ANY TIME, IN CONNECTION WITH ENTRY, OR USE THEREOF, OR BY RESPECTIVE ENTRANTS' BREACHES OF ANY AGREEMENT OR WARRANTY ASSOCIATED WITH THE CONTEST.

DATA PRIVACY: Entrant agrees that personal data, including name and address, may be processed, stored and otherwise used for purposes and within the context of the Contest and any other purpose outline in these Official Rules and Terms & Conditions, in accordance with Sponsor's Privacy Policy available at http://www.oasisdayspanyc.com/privacy, except as otherwise stated herein. The data may also be used by the Sponsor in order to check Entrant's identity. Entrant agrees that any personal data or other information provided on the YouTube.com website in order to participate in this Contest will be subject to the terms of the privacy policy posted on the YouTube.com website, and that Sponsor will have no liability or responsibility in connection therewith. By entering the Contest, Entrant expressly agrees to receive e-mail notifications from Sponsor. Unless Entrant indicates that Entrant does not wish to receive newsletters and/or e-mail from Sponsor, Entrant may also receive Sponsor's newsletter and/or e-mail from Sponsor regarding Sponsor's products and services and other information that might be of interest to him/her. Entrant may contact Sponsor at the address below to have Entrant's name removed from Sponsor's mailing list.

LIST OF WINNERS: For a list of Winners, send a request with a stamped, self-addressed envelope to Gimmeabreak!SM, Oasis Day Spa, One Park Avenue, New York, NY 10016. A list of Winners will also be posted at http://www.oasisdayspanyc.com/gimmeabreak.

CONDITIONAL SEVERABILITY: If any term hereof is invalid or unlawful in any jurisdiction, such circumstance will attach only to such term and only in such jurisdiction, and will not affect or render invalid or unlawful any other term hereof or affect such term in any other jurisdiction; and these Official Rules and Terms & Conditions will govern, as if such term were modified so as to render it enforceable in such jurisdiction, or, if such modification is impracticable, as if it were not contained herein; provided, that if the modification or omission of such term in such jurisdiction materially alters the Contest or substantially defeats the Contest purpose, then these Official Rules and Terms & Conditions will be entirely void in such jurisdiction.

ARBITRATION: The laws of the State of New York (without reference to the conflict or choice of laws provisions thereof) will govern these Official Rules and Terms & Conditions and the rights and obligations of any person hereunder, to the exclusion of any law of any other jurisdiction, whether inside or outside of the United States of America. All disputes arising out of or relating to these Official Rules and Terms & Conditions will be arbitrated exclusively before the American Arbitration Association in the County and State of New York. Commencement of any other manner of dispute resolution for any claim arising out of or relating to these Official Rules and Terms & Conditions or resort to any other jurisdiction will automatically disqualify such Entrant's entry. No Entrant will assert the doctrine of forum non conveniens or similar doctrine or object to venue with respect to any arbitration brought in accordance with this Paragraph, and no bond, surety, or other security will be required of Sponsor or any of its promotional partners. The arbitration will be conducted before a single arbitrator, and will be limited solely to the dispute between Entrant and Oasis. Neither the arbitration, nor any portion of it, will be consolidated with any other arbitration or will be conducted on a class-wide or class action basis. Should either party bring a dispute in a forum other than AAA, the arbitrator may award the other party its reasonable costs and expenses, including attorneys' fees, incurred in staying or dismissing such other proceedings or in otherwise enforcing compliance with this dispute resolution provision. Entrant understands that, in the absence of this provision, Entrant would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class-action basis, and that Entrant has expressly and knowingly waived those rights and agreed to resolve any disputes through binding arbitration in accordance with the provisions of this paragraph. This arbitration provision will be governed by the Federal Arbitration Act, 9 U.S.C. §1, et seq. For the purposes of this provision, the term "dispute" means any dispute, controversy, or claim arising out of or relating to (i) this Agreement, its interpretation, or the breach, termination, applicability or validity thereof, or (ii) any other dispute arising out of or relating to the relationship between Entrant and Oasis Day Spa; the term "Oasis" means Oasis Day Spa, its parents, subsidiaries, affiliates, directors, officers, employees, beneficiaries, agents, assigns, suppliers (both equipment and product), and/or any third party who provides products or services purchased from or distributed by Oasis and the term "Entrant" means each person who participates in the Contest, or those in privity with him/her, such as family members or beneficiaries. A final determination in any arbitration will be conclusive and may be entered as a judgment and enforced in any court having jurisdiction and in any manner provided by law or equity.

SPONSOR: Oasis Day Spa, 1 Park Avenue, New York, New York 10016, telephone (212) 254-7722, fax (212) 505-3560, e-mail contact@oasisdayspanyc.com.