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 [1]). Then go to http://youtube.com/group/gimmeabreak [2] 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 [3], 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).
http://www.jetblue.com/p/jetblue_coc.pdf [4]. 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 [5], 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 [6].
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 [7].