NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID OUTSIDE THE UNITED STATES AND WHERE PROHIBITED BY LAW.
The Social Diva/journeyPod Sweepstakes (the "Sweepstakes") begins at 12:01:00 AM Eastern Standard Time (“EST) on 11/1/07 and closes at 11:59:00 PM EST on 12/30/07.
Participation constitutes entrant's full and unconditional agreement to and acceptance of these Official Rules. Winners' names will be randomly drawn from all entries received. The sponsors of the Sweepstakes are Social Diva, LLC, located at 66 Madison Avenue, Suite 7L, New York, NY 10016 (“Social Diva”) and journeyPod, located at 800 Peachtree Street, Suite 1119, Atlanta, GA 30308 (“journeyPod”) (together with Social Diva, “Sponsors”). JetBlue Airways Corporation (“JetBlue”) is a prize provider, and not a sponsor, of the Sweepstakes.
(1) ELIGIBILITY: The Sweepstakes is open to legal residents of the U.S. only. Entrants must be age 18 or older at the date of entry to be eligible. Proof of eligibility, including age and residency, may be required. Void where prohibited by law. All federal, state, provincial and local laws and regulations apply. Sponsors reserve the right to cancel or modify the Sweepstakes for any reason, including, but not limited to, fraud, technical failures or any other factor beyond Sponsors' reasonable control that impairs the integrity of the Sweepstakes, as determined by Sponsors in their sole discretion. In such event, Sponsors reserve the right to award the prize at random from among the non-suspect entries received up to the time of the impairment.
Employees of Social Diva, journeyPod, prize providers, advertising and promotional agencies and all other companies involved with this Sweepstakes are not eligible to enter or win.
(2) HOW TO ENTER: Entrants may enter the Sweepstakes by registering at journeyPod.com/SocialDiva.cfm and by following all online entry instructions, including answering all questions in their entirety to enter. Only online entries will be accepted.
Online entries must be received between 12:01 AM EST on 11/1/07 and 11:59 PM EST on 12/30/07 (“Sweepstakes Entry Period”) to be eligible. Limit one online entry per person during the entire Sweepstakes Entry Period. Online entries will be deemed made by the authorized account holder of the e-mail address submitted at time of entry. The authorized account holder is deemed as the natural person who is assigned to an e-mail address by an Internet access provider, service provider or other organization that is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address. All entries become the sole property of Sponsors and will not be returned or acknowledged. Personal correspondence, telegrams, letters, e-mail, telephone calls or messenger letters regarding the Sweepstakes will not be returned and may not be acknowledged.
(3) PRIZES AND APPROXIMATE RETAIL VALUES:
GRAND PRIZE. One (1) Winner will receive a grand prize of an all-expenses-paid trip to Miami’s South Beach (“First Prize”), composed of the following prizes:
Air Travel: Two (2) roundtrip Travel Certificates (together, “Travel Certificates”) good for travel for Winner and one (1) guest from the city served by JetBlue nearest to the Winner’s residence to the Fort Lauderdale-Hollywood International Airport in Fort Lauderdale, Florida (“FLL”).
• ARV of Travel Certificates is $598.00; actual value may vary depending on Winner's departure city and date of travel.
• Travel Certificates are provided by JetBlue; all other prizes are prizes are provided by Sponsors or other prize providers.
• Travel Certificates are valid for one (1) year from date of issuance, and all travel must be completed on or before date of expiration as printed on each Travel Certificate.
• 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, ground transportation, and gratuities are the sole responsibility of the Winner.
• In the event that Winner lives in the Miami area or elects not to use the air travel component of the Grand Prize for any reason, the Travel Certificates will be forfeited and JetBlue will provide no compensation or substitution for difference in Grand Prize value. Winner and guest must travel together on the same itinerary and flights, as determined by JetBlue. Certain restrictions and blackout dates may apply, all of which are subject to change at the sole discretion of JetBlue. Travel may be capacity controlled and space is limited. Use of Travel Certificate(s) is subject to additional terms and conditions. JetBlue is not liable for any expenses incurred as a consequence of a flight cancellation or flight delay. Schedules are subject to change without notice. JetBlue reserves the right to deny boarding to passengers without the proper documentation. Other restrictions apply.
• Redeemed travel is not eligible for TrueBlue points and may not be used toward the purchase of a JetBlue Getaways Vacation Package or JetBlue Cruises. Passengers using Travel Certificates are subject and entitled to all provisions of JetBlue's Contract of Carriage, except those provisions regarding denied boarding compensation and the JetBlue Customer Bill or Rights.
Hotel Stay: Five (5) day/Four (4) night Accommodations at the Catalina Hotel & Beach Club, located at 1732 Collins Avenue, Miami Beach, FL 33139. Value is estimated at $1000; actual value may vary. Stay must originate on a Saturday, Sunday or Monday. Based on availability, blackout dates do apply. Gift Certificate must be redeemed before date of expiration, 12/30/08.
Meal: Dinner for two (2) at Maxine Restaurant & Lounge, located at 1732 Collins Avenue, Miami Beach, FL 33139. Dinner reservations are required and must be scheduled at the time of the hotel reservation booking (will be coordinated by the hotel management). Dinner Gift Certificate Value is $200. Gift Certificate must be redeemed before date of expiration, 12/30/08.
Spa Treatments: Signature Massages for two (2) from Massage By Design, located at 959 West Avenue, Miami Beach, FL 33139. Signature Massage Gift Certificates valued at $90/each, a total value of $180. Gift Certificate must be redeemed before date of expiration, 12/30/08. Gratuities are the sole responsibility of the Winner.
South Beach Scooters: Two (2)-Day Complimentary Scooter Rentals for two (2) with South Beach Scooters, located at 215 SW 6th Avenue, Miami, FL 33130. Scooter Rentals valued at $260. Offer must be redeemed before date of expiration, 12/30/08.
Club Service: Complimentary VIP Entry and Bottle Service at Nocturnal Nightclub, located at 50 NE 11th Street, Miami, FL 33132. Nocturnal will provide (1) complimentary bottle of house champagne; VIP admission for up to four (4) ladies; VIP table reservation (Nocturnal reserves the right to determine which VIP area.) – with advance reservations required. Guest must adhere to all door policies (dress code, behavior, etc.). Prize package must be redeemed before date of expiration, 12/30/08. Blackout dates do apply. Prize package is valued at $300. Gratuities must be paid and are the sole responsibility of the Winner.
Gym Membership: One-week (7-Day) complimentary membership to Crunch Fitness, located at 1259 Washington Avenue, Miami Beach, FL 331369.
The total approximate retail value of the First Prize (“First Prize Total ARV”) is $2650.00 (two thousand six hundred and fifty dollars).
SECOND PRIZE. One (1) Winner will receive a second prize of a Grand Swag Bag (“Second Prize”), composed of the following prizes:
Zuca Pro; Maya Brenner Designs Gift Certificate; Baghaus Designer Inspired Handbags, Essencia Oil Soap, Aromatic Light Bulb Ring & Dryer Bags; Dr. Tabor’s "The Revival Slim & Beautiful Diet" book and a sampling of the chocolate milk protein shakes and protein bars; Beyond Coastal Suncare – Sunscreen, Lip Balm & Moisturizer; Billion Dollar Brows – Brow Kit & Accessories; OM Aroma & Co. Delight Spa Package; Panda Snack – Luxury Bamboo Knits Gift Certificate; One year subscription to VIV Magazine; Social Diva’s “How To Be A Social Diva”; and, Oral Fixation Mints Pack.
The total approximate retail value of the Second Prize (“Second Prize Total ARV”) is $1300.00 (thirteen hundred dollars.
THIRD PRIZE. One (1) Winner will receive a third prize package of a Luxury Swag Bag (“Third Prize”), composed of the following prizes:
Maya Brenner Designs Gift Certificate; Baghaus Designer Inspired Handbags, Essencia Oil Soap, Aromatic Light Bulb Ring & Dryer Bags; Dr. Tabor’s "The Revival Slim & Beautiful Diet" book and a sampling of the chocolate milk protein shakes and protein bars; Beyond Coastal Suncare – Sunscreen, Lip Balm & Moisturizer; Billion Dollar Brows – Brow Kit & Accessories; OM Aroma & Co. Delight Spa Package; Panda Snack – Luxury Bamboo Knits Gift Certificate; One year subscription to VIV Magazine; Social Diva’s “How To Be A Social Diva”; and, Oral Fixation Mints Pack.
The total approximate retail value of the Third Prize (“Third Prize Total ARV”) is $1000.00 (one thousand dollars).
(4) SELECTION OF WINNER AND ODDS OF WINNING: Random drawing to award prizes will be conducted on or around 1/07/08. One (1) Grand Prize Winner will be selected from among all eligible entries received during Sweepstakes Entry Period in a random drawing by Sponsor, whose decisions on all matters relating to the Sweepstakes are final and binding. One (1) Second Prize Winner and one (1) Third Prize Winner will then be selected from remaining eligible entries. Subject to verification of eligibility, the persons whose names are drawn will be declared the winners of the Sweepstakes First (Grand) Prize, Second Prize, and Third Prize (the “Grand Prize Winner,” “Second Prize Winner,” and “Third Prize Winner” respectively. Together, the “Winners”). Odds of winning a prize are based on the number of eligible entries received. Winners will be notified by email or telephone within (7) business days of the selection, at which time a full shipping address and phone number will be required for fulfillment of the prize. Winners will have (15) days from notification to accept the prize by replying to notification email or telephone call, as applicable. Sponsors are not responsible for late, lost, misdirected or unsuccessful efforts to notify the Winners. Winners assume all liability for any damages caused, or claimed to be caused, by participation in the Sweepstakes or by acceptance or use of any prize, and agree to release Social Diva, journeyPod, and JetBlue from any such liability. If a selected Winner cannot be contacted, is ineligible or fails to accept a prize as required, prizes may be forfeited, and an alternate Winner selected. All prizes are provided "as is" and without any warranty of any kind. Prizes are not transferable or redeemable for cash, and may not be sold or bartered, including in any transaction on EBay or similar auction websites. No substitution of prizes will be permitted, except by the Sponsors, who reserve the right to award a substitute prize of equal or greater value if a prize is unavailable. Prizes will be awarded within (30) days of verification of each Winner’s eligibility. Acceptance of prize constitutes permission (except where prohibited by law) to use Winner's name, prize won, hometown and likeness for purposes of advertising, trade promotion, online posting, and publicity without additional compensation in all media now known or hereafter discovered worldwide and on the World Wide Web without notice, review or approval as permitted by law. Winners may also be required to complete and sign a publicity release.
(5) GENERAL TERMS AND CONDITIONS: Conduct of Sweepstakes and selection of Winners are at Sponsors’ sole discretion, and Sponsors’ decisions are final and binding. Sponsor and their agents, representatives, affiliates, subsidiaries, advertising, promotion and fulfillment agencies, prize providers, legal advisors and the employees, officers, directors and shareholders of each (collectively, “Releasees”) are not responsible for, and shall not be liable for: (i) late, lost, delayed, damaged, misdirected, incomplete, illegible or unintelligible entries; (ii) any condition caused by events beyond the control of Sponsors that may cause the Sweepstakes to be disrupted or corrupted; (iii) any printing or typographical errors in any materials associated with the Sweepstakes; (iv) any injuries, losses or damages of any kind, arising in connection with or as a result of the prizes or acceptance, possession or use of the prizes, or from participation in the Sweepstakes. By participating in the Sweepstakes, each entrant agrees to indemnify, defend, and hold Releasees harmless from any and all losses, damages, rights, claims, debts, demands, obligations, costs, fees, expenses, actions, causes of action and liabilities of any kind or nature whatsoever (including reasonable attorneys' fees and disbursements), in connection with the Sweepstakes or resulting from entrant's Sweepstakes participation, acceptance, possession, use or misuse of any prizes, including, without limitation, personal injury, death and property damage, and claims based on publicity rights, defamation, or invasion of privacy. Further, by submitting an entry or accepting any prize, all entrants agree to forever waive, release, discharge and covenant not to sue the Releasees, of, for and from any and all claims, debts, liabilities, demands, obligations, costs, fees, expenses, actions and causes of action whatsoever, of every nature, character and description, known and unknown, including, but not limited to, all those arising out of or in any way related to the Sweepstakes, these Official Rules, entrant's entry, the acceptance or use or misuse of any prize, entrant’s information, any travel, any personal injuries, any death, or any property damage. By submitting an entry, entrant represents and warrants that he or she owns and/or has the authority to release the claims stated herein. Winners may be required to execute a Liability Release and an Affidavit of Eligibility prior to award of any prize. Failure to sign the Liability Release and/or Affidavit of Eligibility is grounds for disqualification. Entrants agree to abide by these Official Rules and by the decisions of Sponsor, which are final.
(6) DISPUTES: By entering the Sweepstakes, entrants further agree that: (1) Any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action; and (2) Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorneys' fees; and (3) Under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim, punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrants and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with the laws of the State of New York without giving reference to its conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the State of New York. Any legal proceedings arising out of this Sweepstakes or relating to these rules shall be instituted only in the federal or state courts located in the State of New York, County of New York, and the parties consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these rules. The parties agree to waive any defense of forum non conveniens or improper venue. The invalidity or unenforceability of any provision of these 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 rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
(7) OPT-IN/OUT: By providing personal information and email address in connection with this Sweepstakes, entrants agree to receive future information from Social Diva, journeyPod, JetBlue, advertising and promotional agencies, and all other companies involved with this Sweepstakes. To be removed from any mailing lists, please contact each individually.
(8) NOTICE TO ONLINE ENTRANTS: In the event of a dispute over the identity of an online entrant, entry will be deemed submitted by the holder of the e-mail account. Entry materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices are void. Releasees are not responsible for error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsors on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or for any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in the Sweepstakes. By participating in the Sweepstakes, entrants (i) agree to be bound by these Official Rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Sponsor, which are final and binding in all matters relating to the Sweepstakes. Failure to comply with these Official Rules may result in disqualification from the Sweepstakes. Sponsors reserve the right to: (i) permanently disqualify from this Sweepstakes any person who Sponsors, in their sole discretion, believe has intentionally violated these Official Rules; and (ii) withdraw the online method of entry if it becomes technically corrupted, (including if a computer virus or system malfunction inalterably impairs its ability to conduct the sweepstakes), and to select winner from among all eligible entries received prior to withdrawal.
(9) LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEB SITE OR INTERFERE WITH THE OPERATION OF THE SWEEPSTAKES, IS A VIOLATION OF CRIMINAL and CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
(10) NAME OF WINNER: For name of winner, send a self-addressed, stamped envelope to Sponsors at journeyPod, 800 Peachtree Street, Suite 1119, Atlanta, GA 30308 after 1/30/08.