Sweepstakes Official Rules
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. PARTICIPATION CONSTITUES PARTICIPANT’S FULL AND UNCONDITIONAL AGREEMENT TO AND ACCEPTANCE OF THESE "OFFICIAL RULES". VOID WHERE PROHIBITED.
I. SWEEPSTAKES PERIOD: The "Dream Spa & Beauty Makeover Getaway" Sweepstakes (herein referred to as the “Sweepstakes”) begins on or about 12:00:01 p.m. Eastern Time (“ET”) on March 16, 2019 ("Start Date") and ends at 11:59:59 p.m. ET on May 31, 2019 (the “Promotion Period”). The Sweepstakes is sponsored by Crush XO, LLC 2035 E Vista Bella Way Compton, CA 90220 (the “Sponsor” and “Prize Supplier”). The official clock for purposes of the Sweepstakes is the computer of the Sponsor.
II. ELIGIBILITY: The Sweepstakes is open to legal residents of the forty eight (48) United States (excludes Florida and New York) and the District of Columbia, who are eighteen (18) years of age or older (exceptions-must be 19 years of age or older for those that reside in states of Alabama and Nebraska, and 21 years of age or older in state of Mississippi) as of the date of entry. Officers, members, directors, representatives and employees of the Sponsor and any of their respective parent companies, affiliated companies, subsidiaries, dealers, franchisees, licensees, distributors, suppliers, subsidiaries, participating retailers, advertising / promotion/judging agencies, persons engaged in the development, production or distribution of materials for this Sweepstakes, Compliance Sweepstakes Services, LLC (collectively, the “Released Parties”) and the immediate family members (defined as spouse, parents, grandparents, children, grandchildren, siblings, - whether biological, adopted, step or in-law) of such individuals, or persons living in the same household as such individuals (whether related or not), are not eligible to participate in the Sweepstakes. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations. Participation constitutes Participant's full and unconditional agreement to these Official Rules and Sponsor decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein. Void in Florida, New York, Puerto Rico, the U.S. Virgin Islands, Guam, U.S. Military installations in foreign countries, and where prohibited, taxed, or restricted by law, regulation or ordinance.
III. HOW TO ENTER THE SWEEPSTAKES: An individual will be deemed a participant ("Participant") in the Sweepstakes if they are eligible and enter the Sweepstakes via any of the following two (2) entry methods: 1) Enroll in a membership package: Visit https://win.crushxo.com/ ("Website") and enroll in one of the five (5) membership packages: Quartz, Amethyst, Sapphire, Diamond, or Crystal. Each of the aforementioned memberships offers various discounts and Sweepstakes entries which are detailed on the Sponsor website under Membership (https://win.crushxo.com/levels). Upon enrolling in one of the club memberships, the Participant will receive the associated number of Sweepstakes entries per the club membership selected. In addition, for each dollar spent on merchandise via approved credit card transaction, the Participant will receive one (1) Sweepstakes entry. Participant will need to provide the following information: first and last name, home address, telephone number, and e-mail address; or, 2) Via Mail: Participant can enter by hand writing on a 3”x 5” card: "Dream Spa & Beauty Makeover Getaway" Sweepstakes entry, your first and last name, address, city, state, zip code, telephone number, e-mail address and date of birth. Insert the card in a standard business-size envelope, with hand written return address and mailing address on front of the envelope, and mail to: CSS / "Dream Spa & Beauty Makeover Getaway" Sweepstakes, 326 Thornell Road CBX-300 Pittsford, NY 14534. Each valid mail-in entry will receive twenty five (25) Sweepstakes entries. All mail-in entries must include all requested information and format (as stated above) to be considered a valid entry. Bulk shipments (multiple entries in one shipping package) will not be accepted, and will be destroyed. Limit one (1) mail-in entry per envelope. Mail-in entries must to be postmarked between March 16, 2019 and May 31, 2019, and must be received by June 6, 2019. Requests for confirmation of receipt of mail-in entries will not be acknowledged. Mail-in entries must be original; no photo copies, facsimiles or reproductions of a mail-in entry will be accepted.
Limit - five hundred (500) Sweepstakes entries per person during the Promotion Period regardless of method of entry. All required information must be completed to enter and to be eligible to win. Incomplete entries will be disqualified. Internet entries must be made by the Participant only at the aforementioned Website(s) and application URL addresses. Entries made by any other individual or any entity, and/or originating at any other web site or e-mail address, including, but not limited to, commercial Sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. Sponsor reserves the right, in its sole discretion, to void any and all entries of a Participant that submits more than the stated maximum limit of entries by using multiple/different addresses, identities, or any other methods, or who Sponsor believes has attempted to tamper with, influence or impair the administration, security, fairness, or proper play of this Sweepstakes. Proof of entering information is not considered proof of delivery to or receipt by Sponsor of an entry. The use of automated entry devices is prohibited and no mechanically reproduced entries are allowed; all such entries are void. Released Parties are not responsible for: lost, late, incomplete, illegible, incorrect, damaged, delayed, garbled, undelivered, misdirected, or postage-due registrations, entries or mail, which will be disqualified. All entries become the exclusive property of Sponsor and will not be acknowledged or returned.
If a Participant opts to enter via his/her wireless mobile device (which may only be available via participating wireless carriers and is not required to enter the Sweepstakes), standard text messaging and/or data rates may apply for each message sent or received from your handset according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers' rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Sweepstakes. Participation in this Sweepstakes by mobile device means that you understand that you may receive additional messages by mobile device relating to this Sweepstakes, including notifying you if you are a winner, which may be subject to charges pursuant to your carrier's rate plan. Text messaging may not be available from all mobile phone service carriers and handset models. Mobile device service may not be available in all areas. Check your phones capabilities for specific instructions.
IV. USE OF PERSONAL INFORMATION: By entering the Sweepstakes, Participant consents for the Sponsor to obtain, use, and transfer your name, address and other information provided for the purpose of administering this Sweepstakes; the information provided in connection with the entry process will be used by Sponsor and Administrator only, in accordance and will not be sold or provided to another company. Participant entry information will be treated according to Sponsor’s privacy policy (https://win.crushxo.com/privacypolicy). By participating in the Promotion and providing any contact information, Participants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s Privacy Policy.
V. INTERNET LIMITATIONS OF LIABILITY: If for any reason this Sweepstakes is not capable of running as planned for any reason, including, without limitation, due to infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, fire, flood, storm, or other natural cataclysm, riot, strike, civil commotion, government regulation, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process, and to terminate, modify or suspend the Sweepstakes, in whole or in part, at any time, without notice and award the prizes using all non-suspect eligible entries received as of or after (if applicable) this termination or suspension date. Any person who supplies false information, obtains entries by fraudulent means or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any prize will forfeit any prize won and may be prosecuted to the full extent of the law. Released Parties assume no responsibility for any incomplete, incorrect, or inaccurate information, whether caused by Website users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error. Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to participant's or any other person's computer (or any information/material stored therein) relating to or resulting from participation in this Sweepstakes or downloading any materials in this Sweepstakes. CAUTION: ANY ATTEMPT TO DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute as to the identity of a winner based on an e-mail address, the winning entry will be declared made by the authorized account holder of the e-mail address submitted at time of entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
VI. GRAND PRIZE: One (1) Grand Prize will be available to be awarded. One (1) Grand Prize Winner will receive a trip for two (2) Dream package ("Package"). The Package will include a trip to either Hollywood (California) or New York City (New York) (Sponsor to determine location in its sole discretion) and will include: 1) roundtrip business class airfare of two (2) from the major commercial airport closest to the Winner's primary residence (if Winner resides within 200 miles of the trip destination, Sponsor reserves the right to substitute ground transportation), 2) three (3) nights (double occupancy) hotel accommodations, 3) Ultimate Spa Day for two, 4) Celebrity Makeup Artist Makeover, 5) three (3) nights of dining for two, 6) $500 CRUSHXO Gift Card, 7) $1,000 Nordstrom Gift Card, and 8) $1000 spending stipend. The Grand Prize winner has a choice of accepting the Dream Package, or a $10,000 cash award (to be awarded as a check). Approximate Retail Value ("ARV") of the Dream Package Grand Prize: $13,000. Should the Grand Prize Dream Package be chosen, the trip must be taken in July 2019 (dates to be determined by the Sponsor), or prize will be forfeited and no compensation will be awarded. The Grand Prize Winner and his or her guest must travel together on the same flight(s). Grand Prize Winner’s guest must be 18 years of age or older, and must complete a liability and publicity release to be eligible for travel and participation in the Grand Prize. Once travel is booked, no change, extension or substitution of trip dates is permitted, except by Sponsor at its sole discretion. The Released Parties shall have no responsibility or liability for cancellations and/or delays or any change by the air carrier(s), lodging facilities, or other company or any other persons providing any of components of the prizes for the Grand Prize Winner and his/her guest due to reasons beyond the Released Parties’ control. Grand Prize Winner must provide own transportation for themselves and their guest to and from departure airport and all transportation, other than air travel, during the travel period. It is the responsibility of the Grand Prize Winner and his/her guest to arrive at the departure airport in time for their flights, with proper government-issued travel documentation and proper identification. Certain travel and security restrictions may apply and it is the responsibility of the Grand Prize Winner and guest to comply with all travel, security and other laws, regulations, airline passenger and accommodation rules that apply to them. The Grand Prize Winner and their guest will be responsible for all expenses incurred by them while redeeming his/her prize that are not included in these Official Rules, including items such as: airline charges, meals, beverages, local transportation, taxes, gratuities, merchandise, souvenirs, hotel services, telephone charges, tips/gratuities, side trips and excursions, and any other incidentals or items of personal needs. The execution of additional releases and/ or waivers of liability required by Sponsor and/or any other applicable sanctioning body or prize provider may also be required and returned within the time period specified by such entities, as appropriate.
The Second Prize winner will receive one (1) $500 CRUSHXO Gift Card and one (1) $1,000 cash award (to be awarded as a check). Approximate Retail Value ("ARV") of the Second Prize: $1,500. Each Third Prize winner will receive one (1) $250 CRUSHXO Gift Card and one (1) $250 cash award (to be awarded as a check). Approximate Retail Value ("ARV") of the Third Prize: $500. Maximum Total Prize pool - $19,500.
VII. WINNER SELECTION: The Grand Prize winner, Second Prize winner and each Third Prize winner (each a "Prize Winner") will be selected from among all eligible entries received, in a random drawing on or about June 10, 2019, by the Compliance Sweepstake Services, an independent judging organization, whose decisions are final and not subject to challenge and/or appeal in all matters relating to this Promotion. Odds of winning a prize will depend on the total number of eligible entries received for the random drawing. The Prize Winners will be notified by telephone and/or e-mail. Upon initial notification and verification of the respective Prize Winners, confirmation will be sent to the Prize Winner via email, or other home delivery service of Sponsor’s choice.
VIII. PRIZE TERMS AND CONDITIONS: Prize Winner is required to comply with any and all applicable federal, state and local laws, rules and regulations. Prize Winner will be required to complete and sign an Affidavit of Eligibility and Liability/Publicity form, and an IRS-W9 form (Grand Prize and Second Prize winners only), and provide proof of identity (collectively, the “Prize Acceptance Release”), and return it within seven (7) days of written notification or the prize may be forfeited and an alternate potential winner selected, time-permitting. If a prize or prize notification is returned as unclaimed or undeliverable to a potential winner, if potential winner cannot be reached within three (3) calendar days from the first notification attempt, if potential winner fails to return requisite document within the specified time period, and/or if a potential winner is not in compliance with these Official Rules, then such person shall be disqualified and an alternate winner will be selected for the prize at issue. To claim a prize, you will be required to provide your correct full-name, mailing address, date of birth, telephone number and/or e-mail address. The Prize Acceptance Release is subject to verification by Sponsor and all potential winners are subject to verification before any prize will be awarded.
The Sponsor and Released Parties have not made any warranty, representation or guarantee, expressed or implied, in fact or in law, with respect to any prize awarded and specifically disclaim all such warranties, including, without limitation, any warranty of merchantability or fitness for a particular purpose. The prizes are awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND either expressed or implied. A prize may not be sold, traded, or commissioned, and is not exchangeable or transferable, except in Sponsor's sole discretion. Prize details and availability are subject to change. There are no substitutions unless specified by the Sponsor. The Sponsor reserves the right at its sole discretion to substitute any prize (or prize component) with another prize (or prize component) of equal or greater value. The Administrator is not the prize supplier. Prize may be fulfilled by a third party. The Sponsor and Released Parties are not in any way responsible or liable for damages resulting from shipping and handling, loss, use or misuse of any prize awarded in this Sweepstakes.
Prize Winner will be solely responsible for all federal, state, municipal, and/or local taxes, and for any other fees or costs associated with the prize they receive. Prize Winner will be issued a tax form 1099 for the ARV of all prizes valued at $600 or more. The stated “ARV” of the prizes is based on available information provided to Sponsor, and any difference in ARV at the time of awarding will not be awarded, and the value of any prize awarded to a winner may be reported for tax purposes as required by law. All properly claimed prizes will be awarded.
Each winner’s acceptance of a prize constitutes permission (except where prohibited) for the Sponsor to use the winner’s name, photograph, likeness, statements, biographical information, voice and address (city and state) for any and all public relations, advertising and/or promotional purposes as determined by Sponsor, in all forms of media and by all manners (now and hereafter known), in perpetuity, without notice, consent, review or approval or further compensation. The prize winner understands and agrees that any Prize award ceremony may be videotaped/photographed. Rights to any Prize award ceremony video/photo belong solely to the Sponsor and can be used in any media at their sole discretion.
IX. MODIFICATION: In no event will Sponsor be obligated to award more prizes than the number of prizes stated in these Official Rules. If for any reason Sponsor determines, in its sole discretion, that the Sweepstakes is no longer capable of running as intended by these Official Rules for any reason whatsoever, Sponsor reserves the right to terminate, suspend, postpone, delay or modify the Sweepstakes, in whole or in part, including, but not limited to, any occurrences described in section V above, or any other causes which may corrupt or impair the integrity, security, fairness or proper conduct of the Sweepstakes. If Sponsor determines that more prize claims are submitted or more prize notices are distributed than the number of prizes offered in these Official Rules, Sponsor shall immediately suspend all drawings and prize awards, and Sponsor reserves the right to award any remaining prizes (up to the total set forth in these Official Rules) in a manner deemed fair and equitable by Sponsor. For example, Sponsor may select a winner in a random drawing from among the eligible entries received up to the time of the impairment or conducted a random drawing among all prize claimants, and neither Sponsor nor any of the Released Parties shall have any further liability to any Participant in connection with the Sweepstakes.
X. RELEASES: All participants, as a condition of participation in this Sweepstakes, agree to indemnify, release and hold harmless Sponsor and Released Parties from and against any and all liability, claims, damages, injuries or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with: (a) accessing the Sponsor's Website; (b) participating in any aspect of the Sweepstakes, including, without limitation, while preparing for, participating in and/or traveling to or from any prize or Sweepstakes-related activity, including, without limitation, any injury, damage, death, loss or accident to person or property; (c) the receipt, ownership, possession, use or misuse of any prize awarded; (d) viruses or any downloading or other problems with the Sweepstakes Application, or; (e) any typographical or other error in these Official Rules or the announcement of offering of any prize. Sponsor makes no representations or warranties of any kind concerning the appearance, safety or performance of any prize, except for any express manufacturer's warranty as may be included with the prize. Each Prize Winner bears all liability and risk of loss or damage to his/her respective prize after it has been delivered.
XI. GOVERNING LAW/DISPUTES: By participating, Participants agree to be bound by the Official Rules, Sponsor's Website Terms of Use (if any and if applicable to Participant's method of participating), and the decisions of the Sponsor, which are final and binding in all respects. Except where prohibited, Participant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and any judicial proceeding shall take place in a federal or state court in Los Angeles, California; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event legal fees; and (3) under no circumstances may Participant obtain awards for, and Participant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Participants, Sponsor, or the Released Parties in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of California without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
XII. OFFICIAL SWEEPSTAKES RULES REQUEST: For a copy of these Official Rules, send a request specifying Official Rules along with a self-addressed, stamped envelope postmarked by May 31, 2019 and received by June 7, 2019 and mail to: "Dream Spa & Beauty Makeover Getaway" Sweepstakes Official Rules, 44 Flanders Road Stonington, CT 06378.
XIII. WINNERS LIST REQUEST: To request confirmation of the name and city/state of residence for the prize winner, please send a self-addressed, stamped business size envelope, by July 15, 2019, to: "Dream Spa & Beauty Makeover Getaway" Sweepstakes Winners List, 44 Flanders Road Stonington, CT 06378. Requests received after July 15, 2019 will not be acknowledged or returned.
XIV. SPONSOR: Crush XO, LLC 2035 E Vista Bella Way Compton, CA 90220.
XV. ADMINISTATOR: Compliance Sweepstakes Services 44 Flanders Road Stonington, CT 06378
XVI. MISCELLANEOUS: The names of individuals, groups, companies, products and services mentioned herein, and any corresponding likenesses, logos and images thereof reproduced herein, have been used for identification purposes only and may be the copyrighted properties and trademarks of their respective owners. The mention of any individual, group or company, or the inclusion of a product or service as a prize, does not imply any association with or endorsement by such individual, group or company or the manufacturer or distributor of such product or service and, except as otherwise indicated, no association or endorsement is intended or should be inferred. The invalidity or unenforceability of any provision of these Official Rules or the Prize Acceptance Release will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the Prize Acceptance Release is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. For Participant, to the extent there is a conflict between Official Rules appearing any other location and any terms of use or other agreements posted on the Sponsor's Website, these are the Official Rules to be abided by.
