FURTHERMORE FROM EQUINOX
NYC GETAWAY SWEEPSTAKES: OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE CHANCES OF WINNING.
BY ENTERING, ENTRANT AGREES TO RECEIVE NEWSLETTERS, SPECIAL OFFERS AND OTHER MARKETING COMMUNICATIONS FROM FURTHERMORE, OP.COM, ADAY, THE LINE, MIANSAI, THE NEW POTATO AND 1 HOTELS.
1. PRELIMINARY INFORMATION: By entry into this Sweepstakes, you accept and agree to be bound by these official rules (“Official Rules”). The NYC Getaway Sweepstakes (the “Sweepstakes”) is sponsored by Equinox Holdings, Inc. on behalf of the FURTHERMORE brand, located at 895 Broadway, New York, NY 10003 (“Furthermore”). The Sweepstakes is subject to all applicable federal, state, municipal, and local laws and regulations. Void where prohibited by law.
2. ELIGIBILITY: This Sweepstakes is open only to legal residents of the 50 United States and the District of Columbia who are, as of January 16, 2017, at least 18 years of age (or 19 years of age for AL and NE residents) (each, an “Entrant”). Employees, independent contractors, officers, and directors of Furthermore and its affiliates and subsidiaries and their immediate family members (spouse/domestic partner, parents, children, siblings and their respective spouses) and those living in the same household of each (whether legally related or not) are not eligible to enter or win. In addition, employees, independent contractors, officers, and directors of New Media & Co. LLC, Iconix Brand Group, Inc., Miansai, Inc., SH Group Operations, L.L.C., The line LLC, Ecstase Ltd. and their respective affiliates, subsidiaries and licensors (collectively, the “Furthermore Partners”), and their immediate family members (spouse/domestic partner, parents, children, siblings and their respective spouses) and those living in the same household of each (whether legally related or not) are not eligible to enter or win.
3. HOW TO ENTER: The Sweepstakes entry period begins May 15, 2017 at 12:00:00 AM Eastern Time and ends June 16, 2017, at 11:59:59 PM Eastern Time (the “Entry Period”). In order to earn one (1) entry into the Sweepstakes, Entrants must go to the entry form located at https://furthermore.equinox.com/new-york-public-sweeps and follow the on-screen entry instructions to complete and thereafter submit the entry form, which includes Entrant’s email address, zip code, and agreement to the terms and conditions of the Sweepstakes, including these Official Rules. No entry will be accepted for any Entrant that does not provide all of the information required on the entry form. Limit one (1) entry per e-mail address; multiple entries from the same e-mail address are void.
4. SWEEPSTAKES DRAWING: In order to determine the winner of the Prize, a random drawing of all eligible entries received during the Entry Period will be conducted on or about five (5) business days after the end of the Entry Period, but may be expedited or delayed in Furthermore’s sole discretion. The random drawing will be conducted by Furthermore, whose decisions on all matters relating to drawing and winners are final and binding. Odds of winning depend on the total number of eligible entries received.
5. COMMUNICATION WITH POTENTIAL WINNERS: Furthermore will contact the potential winner by email (at the address provided on the entry form) on or about five (5) business days after the drawing, but notification may be expedited or delayed in Furthermore’s sole discretion. Potential winners must reply to the email and claim the Prize by provide his/her shipping address, and any other information or documentation requested by Furthermore, which may include signing an Affidavit/Declaration of Eligibility (certifying, among other things, that the potential winner complied with the Official Rules), Release of Liability, and/or Prize Acceptance Form (collectively “Sweepstakes Documents”). The potential winner must complete the foregoing requirements within five (5) days after Furthermore sending its initial notification email. If the potential winner does not complete such requirements within such period, or Furthermore’s initial message is returned as undeliverable or the potential winner is otherwise deemed ineligible, not in compliance with these Official Rules or declines to accept the Prize, Furthermore may, in its sole discretion, disqualify the potential winner without further notice and either forfeit the Prize or select an alternate winner in accordance with Section 4. All results are unofficial until Furthermore’s acceptance of the potential winner’s claim of the Prize and completion of required Sweepstakes Documentation (once accepted, the “Winner”). Entrants that do not win will not be notified.
6. PRIZES AND APPROXIMATE RETAIL VALUE (ARV): The Winner will be eligible to receive a prize package consisting of the following items (the “Prize”):
- $1000 prepaid gift card for use towards air travel or other transportation to New York City for winner and one guest;
- Two (2) night stay (one (1) Bridge King room, double occupancy) at 1 Hotel Brooklyn Bridge in New York (approximate retail value of $950) (stay must redeemed by December 30, 2017[SSC1] ); hotel stay is referred to as the “Prize Trip”;
- $200 website credit at thisisaday.com;
- $500 credit to The Line online and in-store
- $500 website credit at miansai.com.
The total approximate retail value (“ARV”) for the Prize is $3,150 USD[SSC2] . ARV is listed in U.S. Dollars as of date of printing of these Official Rules. Winner will be provided with redemption codes and other instructions for prize redemption upon winner verification. Merchandise credits subject to the terms and conditions set forth by the respective issuers. The difference in value of Prize as stated herein and value at time of prize notification, if any, will not be awarded. Prize will be awarded “as is” with no warranty or guaranty, either express or implied by Furthermore. Prize elements are non-transferable, non-descendible, and have no cash value or equivalent. All taxes and other assessments resulting from the acceptance of the Prize, regardless of whether it, in whole or in part, is used, are the sole responsibility of the Winner and Winner may be subject to withholding tax. The Prize consists of only the items specifically listed as part of the Prize. In no event will Furthermore be obligated to award more than one (1) Prize. Furthermore reserves the right to substitute any prize element with a different item of equal or greater approximate retail value. Unclaimed prizes will not be awarded. Prize may not be awarded if, among other things, the Winner does not meet the eligibility requirements or the Prize is not properly claimed.
Travel Restrictions: Winner may select one (1) guest to accompany on Winner on the Prize Trip (“Guest”), subject to the following. Guest must be 18 years of age (or 19 years of age for AL and NE residents) as of the date Guest signs the Guest Release (defined below). Guest may be required to execute and return a release of liability and a publicity release (collectively, the “Guest Release”), which Winner must return with the required Sweepstakes Documentation or the Guest portion of the Prize Trip will be forfeited. Should Winner elect to travel or partake in the Prize Trip without a guest, the Guest portion of the Prize Trip will be forfeited and no additional compensation will be awarded to the Winner. Once a Guest is selected, he/she may not be substituted, except in Furthermore’s sole discretion. Travel booking and ticketing will not occur until Furthermore has received all required Sweepstakes Documentation and the Guest Release. Winner will be required to make flight arrangements directly with Winner’s chosen airline using the travel gift card. Winner will receive instructions on how to book accommodations with Prize Trip hotel. Travel dates are subject to approval by Furthermore as well as airline and hotel availability, approval, and holiday and blackout dates. Blackout dates include, but are not limited to, July 12, 19, September 12, 13, 14, 19, 20, 21 and December 5, 6, 7, 30, 31.[SSC3] Prize Trip and all travel must be completed by December 30, 2017. Winner and Guest must have valid travel documents (e.g., valid government-issued photo ID) prior to departure, and failure to do so will result in forfeiture of Prize Trip. All elements of the Prize Trip must be redeemed at the same time or they will be deemed forfeited, and no changes to travel details will be permitted once travel arrangements have been booked, except at Furthermore’s sole discretion. Once travel commences, no unscheduled stopovers are permitted; if an unscheduled stopover occurs, full fare will be charged from stopover point for the remaining segments, including return, of the Prize Trip. Prize Trip consists only of the elements expressly stated above. Any costs associated with the receipt of and/or use of the Prize Trip that are not expressly stated above are not included in the Prize, and Winner and Guest are solely responsible for such excluded costs, which may include, without limitation: ground transportation (including to/from airport and to/from hotel), state or local taxes or government surcharges or fees, service charges, facility fees, security fees, airline fees, passenger tariffs or duties, fuel surcharges, trip and travel insurance and premiums, meals, beverages, incidentals, gratuities, telephone calls, upgrades, charges for changing dates or other personal costs and expenses not specified herein. Winner will be required to pay any required taxes or surcharges applicable to air travel, including ticket/airport taxes and fuel surcharges, at the time of tissue issuance. Winner will be required to provide a valid major credit card or other acceptable form of payment or other security deposit, as determined in the hotel’s sole discretion, at the time of reservation and/or check-in, and all in-room charges, telephone calls, meals (except where specifically noted above), beverages, incidentals, upgrades and other personal charges and expenses charged to the Winner’s hotel room will be charged to that major valid credit card or deducted from the deposit provided. Approximate retail value of Prize Trip may vary depending upon the points of departure availability and/or airline fare or hotel rate fluctuation; any difference between the stated approximate retail value and final value of Prize Trip will not be awarded to Winner. Prize Trip may not be combined with, or used to qualify for, any other promotional offer, and travel may not qualify for frequent flyer mileage credits or points in any program. Furthermore will not replace any lost or stolen tickets, travel vouchers or certificates or similar items once they are in the possession of Winner and/or the Guest. After airline tickets have been issued, any date changes or cancellations are subject to reissue/cancellation fees. Cancelled tickets cannot and will not be reissued. No refund or compensation will be made in the event of the cancellation or delay of any flight. If Winner becomes disabled or cannot otherwise fully enjoy the Prize Trip due to illness or injury, Furthermore shall have the option in its sole discretion of being relieved of liability for fulfillment of the Prize Trip and no other compensation in lieu of the Prize Trip will be awarded. Travel is subject to the terms and conditions set forth in these Official Rules and those set forth by Furthermore’s hotel and air travel prize suppliers, including as detailed in the passenger ticket contract and/or hotel stay certificate issued by such suppliers.
BY ACCEPTING THE PRIZE, WINNER AND GUEST ACCEPT THE INHERENTLY DANGEROUS NATURE AND RISK IN USE OF THE PRIZE, INCLUDING PERSONAL INJURY AND/OR DEATH, ACKNOWLEDGES THAT HIS/HER PARTICIPATION IN THE PRIZE IS VOLUNTARY, ACKNOWLEDGES THAT THERE ARE NATURAL FACTORS AND OCCURRENCES WHICH MAY IMPACT ON OR AFFECT THE SAFETY OF THE ACTIVITIES HE/SHE IS PARTICIPATING IN AND HE/SHE ASSUMES THE RISK OF SUCH FACTORS AND OCCURRENCES AND AGREES THAT RELEASED PARTIES SHALL NOT BE IN ANY WAY RESPONSIBLE FOR ANY RESULTING INJURY AND/OR DEATH.
8. GENERAL RULES: By entering the Sweepstakes, Entrant accepts and agrees to these Official Rules and the decisions of Furthermore, which shall be final and binding in all matters, and Entrant represents to Furthermore that it is eligible to participate in the Sweepstakes and that all information it provides is and will be accurate. Entries become the sole property of the Furthermore. To the extent permitted by applicable law, acceptance of the Official Rules also constitutes permission to Furthermore to, and Furthermore reserves the right (but not the obligation) to use Entrant’s name and likeness in any and all media throughout the world in perpetuity without further notice or compensation to, or approval from, the Entrant.
Proof of submission is not proof of receipt of entry. Furthermore is not responsible for (1) incomplete, lost, late, damaged, illegible or misdirected entries, Prizes, notifications or other communications (including without limitation as a result of any e-mail filtering by an Entrant’s ISP, or e-mail provider, insufficient space in a user’s email account or errors or losses of any postal or delivery service); (2) technical problems (including without limitation malfunctions of any telephone lines, computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof); (3) fraud; (4) typographical or other error in the printing or display of the Sweepstakes, including the Official Rules or Prize descriptions, administration of the Sweepstakes or announcement of the Prize or the Winner; or (5) any factor beyond Furthermore’s reasonable control that may impair the integrity, security, fairness, or proper functioning or administration of the Sweepstakes. As a result of any of the foregoing errors, failures or factors or for any other reason (including without limitation an unanticipated occurrence not fully addressed in these Official Rules) Furthermore reserves the right to cancel, modify, terminate or suspend the Sweepstakes, or any part thereof including the Entry Period and Official Rules, in a manner deemed reasonable by Furthermore, at Furthermore’s sole discretion. Notice of any cancellation, modification, suspension or termination will be posted on the Furthermore website. In the event of any cancellation, modification, suspension, or termination Furthermore reserves the right (but not the obligation) to select a winner, in accordance with Section 4, from the eligible, non-suspect entries received prior to the time of the event warranting such cancellation, modification, suspension or termination. Furthermore is not responsible for any damage to any Entrant’s computer system/software related to or resulting from participating in this Sweepstakes.
ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE OR TAMPER WITH THE FURTHERMORE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, FURTHERMORE RESERVES THE RIGHT TO DISQUALIFY ANY ENTRANT AND SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. FURTHERMORE RESERVES THE RIGHT TO DISQUALIFY ANY ENTRANT THAT PROVIDES INCOMPLETE OR INACCURATE DETAILS, IS INELIGIBLE, DOES NOT FOLLOW ALL INSTRUCTIONS OF FURTHERMORE, OR VIOLATES OR ACTING IN VIOLATION OF THESE OFFICIAL RULES OR IS DETERMINED TO BE TAMPERING OR MANIPULATING WITH THE ENTRY AND FUNCTIONING OF THIS SWEEPSTAKES, INCLUDING WITHOUT LIMITATION BY ATTEMPTING TO OBTAIN ADDITIONAL ENTRIES, WHETHER THROUGH USE OF ROBOTIC, AUTOMATIC, PROGRAMMED, OR OTHER LIKE METHODS OF PARTICIPATION.
By entering the Sweepstakes, each Entrant hereby agrees (and agrees to confirm in writing), on behalf of himself/herself and his/her heirs and assigns, to the fullest extent permitted by law, to (1) release, discharge and hold harmless Furthermore, the Furthermore Partners, and their respective affiliates and subsidiaries, and each of their respective officers, directors, employees and independent contractors (collectively, “Released Parties”) from and against any and all liability (including damages caused or claimed to be caused), loss, injury, illness, death, or litigation arising out of the Sweepstakes, participation in the Sweepstakes, and/or acceptance, possession, use or misuse of the Prize; and (2) indemnify the Released Parties from any and all liability arising out of the Sweepstakes. Each Entrant hereby acknowledges that, to the fullest extent permitted by law, the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prize, including express warranties provided exclusively by prize suppliers that may be sent along with the Prize. Entrants assume all liability for any injury or damage caused, or claimed to be caused, by this Sweepstakes, participation in this Sweepstakes and/or acceptance, possession, use or misuse of the Prize. Claims may not be resolved through any form of class action and shall be resolved individually. Entrant further agrees (x) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (y) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs; (z) Entrant's remedies are limited to a claim for money damages (if any) and Entrant irrevocably waives any right to seek injunctive or equitable relief. Some jurisdictions do not allow the limitations or exclusion of liability, so the above may not apply to every Entrant. This Sweepstakes, the Official Rules, and any claims or disputes arising hereunder, will be governed by and construed in accordance with the laws of the State of New York, without reference to its conflicts of laws principles. Entrant expressly agrees to submit to the exclusive jurisdiction and venue of the competent federal, state and local courts located in New York County, New York. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control. The Sweepstakes, the Furthermore website, and all related pages, contents and code are copyright © 2016 Equinox Holdings, Inc. Furthermore’s name, designs, logos and slogans are trademarks or service marks and exclusive property of Furthermore. The names, designs, logos and slogans of the respective Furthermore Partners and prize suppliers are the exclusive property of the respective Furthermore Partner or supplier. Copying or unauthorized use of any copyrighted material or trademarks without the express written consent of Furthermore is strictly prohibited.
9. WINNERS LIST: To receive the name of the Winner, send an email to email@example.com with the subject line: “NYC Getaway Sweepstakes Winner” or send a self-addressed stamped envelope to Equinox Holdings, Inc., 895 Broadway, New York, New York 10003, Attn: NYC Getaway Sweepstakes Winner. Requests must be received by July 16, 2017, 11:59:59PM Eastern Time. Information will not be provided until after the Entry Period and when the winner has been verified.
[SSC1]Confirm this is still accurate.
[SSC3]I just added the dates that occur after the sweepstakes ends.