Competition Terms and Conditions(Required) NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT IMPROVE CHANCES OF WINNING. NO PERSON HAS YET WON THE PROMOTION.
1. Sponsor. The sponsor of the Aqua Vita Spas sweepstakes (the “Promotion”) is Aqua Vita Spas, LLC, a Colorado limited liability company (the “Sponsor” or “AVS”), with a principal place of business located at 1815 Central Park Drive, Steamboat Springs, CO 80467. For any questions or concerns regarding the Promotion, please contact us at 970-879-4390.
2. Promotion Period and Deadline. The Promotion begins on June 22, 2024, at 12:00 am Mountain Time, and ends on Friday, November 29, 2024, at 11:59 pm Mountain Time. All entries must be received by Thursday November 28th, 2024 at 11:59 pm Mountain Time to be eligible.
3. Promotion Eligibility. The Promotion is open to legal residents of Routt County, Colorado, who are 25 years or older at the time of entry. Employees, officers, and directors of AVS, its affiliates, subsidiaries, advertising and promotional agencies, and their immediate family members (spouse, parents, siblings, and children) are not eligible to participate.
4. Entry to the Promotion. Participants must fill out the form attached hereto. Only one entry per person is allowed. Multiple entries from the same individual will be disqualified.
5. Consumer Disclosure: The Prize and the Retail Value of the Prize. The prize consists of a 2024 Hot Spot Tx Hot Tub and Cover, retail value of $8,499 USD (the “Prize”). The Prize is non-transferable and cannot be redeemed for cash. The Prize is exchangeable for a hot tub, swim spa or sauna for equal value or above the Prize retail value. If the Prize is exchanged for a hot tub, swim spa or sauna with a value above the Prize’s retail value, then the Prize winner is responsible for the additional costs above the retail value of the Prize. Aqua Vita Spas reserves the right to substitute the Prize with another item of equal or greater value if the advertised Prize becomes unavailable for any reason.
6. Delivery and Prize Startup. The Prize winner may elect to have AVS deliver and provide initial start-up services of the Prize for additional fees. Delivery and initial start-up services are not included in the Prize. If the Prize winner does not select delivery, or initial start-up services, of the Prize by Sponsor, then the Prize winner shall assume responsibility of collection of the Prize at the Sponsor’s place of business and responsibility of initial start-up.
7. Taxes. All federal, state, and local taxes, fees and surcharges on the Prize are the sole responsibility of the Promotion winner. The Sponsor shall issue an IRS Form 1099 to the winner of the Prize, and such winner shall provide such information required by the Sponsor to prepare IRS Form 1099.
8. Promotion Winner. The winner will be selected randomly from all eligible entries received during the entry period. The draw will take place on Friday, November 29th, 2024 (the “Draw Date”).
9. Notification of Promotion Winner. The potential winner will be notified by email and/or phone within three (3) business days of the Draw Date. If the potential winner does not respond within three (3) business days of the initial contact attempt, or if the notification is returned as undeliverable, the potential winner forfeits the Prize, and an alternate winner will be selected.
10. Odds of Winning the Promotion. The odds of winning the Promotion depend on the number of entries received. A total of one (1) Prize will be given away.
11. Other Terms and Conditions:
Governing law. All issues and questions concerning the construction, validity, interpretation and enforceability of these official rules or the rights and obligations of any participant or Sponsor in connection with the Promotion shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws.
Disputes. Except with respect to claims for specific performance or other equitable relief, any disputes arising under or in connection with this Promotion will first be submitted to non-binding mediation. Such mediation will be conducted by a mediator mutually agreed to by the parties in Denver, Colorado. Each party shall bear its own expenses for any such mediation provided that the cost of the mediator shall be paid equally by the parties. If any dispute is not resolved through mediation, it will be submitted to binding arbitration in Denver, Colorado, under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) under the authority of federal and state arbitration statutes, and shall not be the subject of litigation in any forum. If the AAA is unavailable to conduct the arbitration, then it shall be before another arbitral body in Denver, Colorado selected by the parties or, if they cannot agree on another arbitral body, the AAA. The arbitrator shall have authority to order specific performance or other equitable relief and award damages and other relief available under this Agreement or applicable law. The decision of the arbitrator will be final and binding, and judgment on the award by the arbitrator may be entered in any court of competent jurisdiction. The prevailing party or parties in any such arbitration or in any action to enforce this Agreement will be entitled to recover, in addition to any other relief awarded by the arbitrator, all reasonable costs and expenses, including fees and expenses of the arbitrator and attorneys, incurred in connection therewith. If each party prevails on specific issues in the arbitration, the arbitrator may allocate the costs incurred by all parties on a basis he deems appropriate.
Privacy. By entering the Promotion, participants agree to the collection and use of their personal information by AVS for the purposes of administering the Promotion, contacting winners, and for promotional purposes. AVS will not sell or share personal information with third parties, except as necessary for the administration of the Promotion or as required by law.
Limitation of Liability. By entering the Promotion, or accepting the Prize, Promotion participants agree to release, discharge, and hold harmless Sponsor and its partners, affiliates, parent companies, subsidiaries, advertising agencies, and their employees, officers, directors, equityholders, and representatives (collectively, the “Released Parties”) from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in the Promotion, or possession, acceptance and/or use or misuse of the Prize or participation in any Promotion-related activity and for any claims based on publicity rights, defamation or invasion of privacy and prize delivery. IN NO EVENT WILL THE RELEASED PARTIES 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 THE PRIZES AND/OR THE PROMOTION, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE PROMOTION. IN NO EVENT SHALL THE RELEASED PARTIES’ TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED $10. WITHOUT LIMITING THE FOREGOING, THIS PROMOTION AND THE PRIZE ARE 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. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, or delay in operation or transmission; communications line failure; website failure; and/or theft, alteration, destruction of, or unauthorized access to Promotion entries. Sponsor is not responsible for any problems with or technical malfunction of any computer online systems, servers or providers, computer equipment, software; human errors of any kind; injury or damage to the participants, or any other persons’ computers; and/or bodily injury to the participants, or any other person, related to or resulting from participation in the Promotion.
Force Majeure. In the event that the Sponsor is prevented from awarding the Prize or continuing with the Promotion as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within the Sponsor’s control then subject to any governmental approval which may be required, the Sponsor shall have the right to modify, suspend, or terminate the Promotion.
Conditions of Participation in the Promotion. By participating, participants to the Promotion agree to be bound by these terms and conditions and the decisions of AVS, which are final and binding in all matters relating to the Promotion. The winner may be required to sign an affidavit of eligibility and liability/publicity release as a condition of receiving the Prize.
Disqualification of Participants in the Promotion. AVS reserves the right to disqualify any participant who violates these terms and conditions, tampers with the entry process, engages in fraudulent behavior, or attempts to undermine the legitimate operation of the Promotion by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or the Sponsor’s representatives.
Other. The invalidity or unenforceability of any provision of these official rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these official rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
I agree to the competition terms and conditions.