Contest Rules & Regulations

• No Purchase Necessary. The promotional period for this Contest (the “Contest”) starts at 9:00 AM ET August 18, 2008 and continues until 11:59 PM ET on September 30th, 2008 (“Contest Closing Date”).
• ELIGIBILITY: The Contest is open to residents of the Province of Ontario who have reached the age of majority in their province except employees, staff, directors, officers and owners of Elmwood Spa, Elmcrest College, Brydson Group Ltd., their affiliates, subsidiaries, advertising and promotional agencies, contest sponsors, promotional partners and fulfillment houses, members of such individuals’ respective immediate families (parents, spouse, siblings and children) and persons living in the same household as such individuals, whether related or not. The Contest is subject to all applicable federal, provincial and municipal laws and regulations.
• TO ENTER:  Between August 18 AT 9:00 am and September 30, 2008 at 11:59 PM ET, visit www.elmwoodspa.com and click on the 27th Birthday Contest button on the home page, click enter and complete and submit your entry form. Fully complete the entry form by providing your suffix, first name, last name, email address, and postal code and submit your entry form online. All entries must be received by the Contest Closing Date. Limit one entry per email address until the contest closing date.
• By entering the Draw, Entrants agree to release and hold harmless Elmwood Spa its affiliates, subsidiaries, employees, directors, officers and owner, advertising, promotional agencies, promotional partners, contest sponsors and fulfillment houses from any and all liability, claims, or actions of any kind whatsoever for injuries, damages, or losses to person and property, including death or property damage, resulting in whole or in part, directly or indirectly, from participation in the Draw, including without limitation, acceptance, possession, use or misuse of the Prizes or any Substitute Prize(s), including preparing for, participating in, and/or travelling to any Prize or Substitute Prize-related activity.
• This contest will be run in accordance with these rules, subject to amendment by Elmwood Spa. Contestants must comply with these rules, and will be deemed to have received, understood and accepted the rules by participating in the contest. The terms of this contest, as set out in these rules, are not subject to amendment or counter-offer, except as set out herein.
• PRIVACY: The Contest Sponsor is collecting personal data about entrants for the purpose of administering this Contest. No further informational or marketing communications will be received by entrants unless entrants provide explicit permission as indicated on the entry form. Please see our Privacy Policy at www.elmwoodspa.com.
• THE DRAW: A random draw, conducted by a representative of the Contest Sponsor, from all eligible entries received as of the Contest Closing Date, will be made on or around October 7, 2008 at approximately 11:00 AM ET in Toronto, Ontario. Odds of winning depend on the number of eligible entries received. If the Entrant selected has entered an Eligible Entry and otherwise complied with these Rules, that Entrants (the “Potential Winners”) will be contacted by email at the email address provided on their entry within five (5) business days. Each selected entrant is required to correctly answer, unaided, at a mutually convenient time, a time-limited mathematical skill-testing question and must also return a signed Declaration and Release of liability and publicity within a specified period of time, before being named a winner, failing which the prize will be forfeited.
• If a Potential Winner cannot be reached within ten (10) business days of the first email sent and after a minimum of three email attempts by the Contest Sponsor, or if the entrant declines the prize or does not otherwise comply with these Contest Rules (“Rules”), another random draw or draws will be conducted to select a replacement entrant in the same manner.
• Entrants are eligible to win a maximum of (1) one Grand Prize. If an entrants name is randomly selected in a Grand Prize draw, their name will be removed from subsequent Grand Prize draws; however Grand Prize winners will also be eligible to win one ElmLine Gift Basket. If their name is selected for one of the ElmLine Gift Baskets, their name will be removed from subsequent draws.
• If the identity of an online entrant is disputed, the authorized account holder of the email address submitted at the time of entry will be deemed to be the entrant. The individual assigned to the email address for the domain associated with the submitted email address is considered the authorized account holder. A selected entrant may be required to provide proof that he/she is the authorized account holder of the email address associated with the selected entry. All entries must be submitted from a valid email account that may be identified by reverse domain name search. The sole determinant of time for the purposes of receipt of a valid entry in this Contest will be the Contest Sponsor’s server.
• PRIZE: There are three (3) Grand Prizes available to be won, consisting of: First Grand Prize: Year at the Spa  (Retail Value $3400) plus a Birks Pebble® Collection Necklace, in Sterling Silver and 18kt Yellow Gold (Approximate Retail Value $1200);  Second Grand Prize: Elmwood Escape  for you and 3 friends (Retail Value $1100) plus a BIRKS NEEDLEFISH® Collection by ESTY, Cuff Bracelet in Sterling Silver (Approximate Retail Value $540); Third Grand Prize: Euphoria for Two Retreat (Retail Value $420) plus a Birks Mesh Braid Bracelet in Sterling Silver, 21.6cm (8.5") (Approximate Retail Value $375).  There are 27 ElmLine Gift Baskets available to be won, each consisting of one ElmLine Hydrating Cleansing Cream, one ElmLine Body Polish, one ElmLine Muscle Soak, one ElmLine Bath Salts, one ElmLine Body Lotion, One ElmLine Siam Vert Shower Gel, one ElmLine Foot Cream, One  ElmLine Hand Cream, and two ElmLine nail polishes for a total prize retail value of approximately $153.00. Full prize descriptions are available at www.elmwoodspa.com/27bdaycontest/prizes.html.
• The prizes do not include: travel to and from Elmwood Spa; accommodation and food while in Toronto, Ontario; parking; other services or products the Winner may request or purchase on a spa visit, tips or other gratuities; and any other items of a personal nature, or related to accepting (the Prize). All prizes must be picked up by the Winner by appointment with the Elmwood Spa Marketing Coordinator, or a representative of the Contest Sponsor as indicated in the Declaration and Release form. Identification must be presented and match the name and email address of the winning entry form. Elmwood Spa may at its discretion deliver the Prize to the Winner by courier. Elmwood Spa accepts no responsibility for lost or delayed shipments by a courier. By accepting a prize, winners consent to the provision and use of their name, statements, and photographs or other likenesses for publicity, advertising or informational purposes in any medium or format without further compensation or notice.
• No responsibility is assumed by Elmwood Spa for the Winner’s medical or physical condition, or for cancelled, delayed, suspended, unavailable or rescheduled spa visits, treatment services or products. The Prize must be accepted as awarded. Except at Elmwood Spa’s sole discretion, the Prize(s), are non-transferable and have no cash surrender value, in whole or in part. Elmwood Spa reserves the right to substitute any or all of the Prizes, with any prize or prizes of equivalent value (a “Substitute Prize”) at its sole discretion. All Substitute Prizes must be accepted as awarded. The Winner must make a reservation for a spa visit to redeem the Prize, in accordance with Elmwood Spa’s normal reservation procedures.
• Before being declared the Winner and claiming the Prize the Potential Winner must also sign a Declaration and Release, including a publicity release in a form prescribed by Elmwood Spa, confirming compliance with these Rules, acceptance of the Prize as awarded, releasing Elmwood Spa, its affiliates, subsidiaries, employees, directors, officers and owners, advertising and promotional agencies, contest sponsors, promotional partners, and fulfillment houses from liability and permitting Elmwood Spa to use his or her image and name for promotional purposes. A Winner’s failure to correctly answer the skill-testing question, return the required release documents in the required timeframe, the return of any prize/prize notification as undeliverable or the non-compliance of a Winner with these Rules may, at the sole discretion of Elmwood Spa, result in disqualification of that Winner and selection of an alternate Winner by random drawing in accordance with the Rules. If the Potential Winner incorrectly answers the skill-testing question, declines the prize, or fails to return a Release of Liability as specified below, he/she will forfeit their prize and another entrant will be randomly selected.
• The Contest Sponsor’s rulings are final and without appeal in all matters related to this Contest and the awarding of prizes.
• By entering this Contest, each entrant consents to the use of his/her name, city of residence, likeness and/or photograph in any publicity carried out by the Contest Sponsor, and its advertising and promotional agencies, without further notice or compensation to entrant. This may include our Elmwood Spa’s website and e-newsletter and those of its promotional partner.
• All entries become the property of the Contest Sponsor. The Contest Sponsor assumes no responsibility for lost, stolen, delayed, damaged, illegible or misdirected entries or entries that have been submitted through illicit means, or do not conform to or satisfy the Rules or for failure of the website during the Contest Period, for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, access providers, computer equipment, software, failure of any email or traffic congestion on the Internet or at any website, or any combination thereof. The Contest Sponsor reserves the right, in its sole discretion, to cancel or modify this Contest should a virus, bug or other cause beyond the reasonable control of the Contest Sponsor corrupt the security or proper administration of the Contest. Any attempt to deliberately damage any website or to undermine the legitimate operation of this Contest is a violation of criminal and civil laws.  Should such an attempt be made, the Contest Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution. The Contest Sponsor is not responsible for any errors or omissions in printing or advertising this Contest.
• Elmwood Spa reserves the right to amend these Rules as necessary or terminate the Contest at any time without liability to any Entrant, including Potential Winners and the Winners. In the case of termination of the Contest before the end of the Draw Period, Elmwood Spa reserves the right to, in its sole discretion, select Winners from all eligible entries received prior to the termination of the Contest. Notice of such early termination will be available on the contest page at www.elmwoodspa.com.
• This Contest and these Rules shall be exclusively governed by and construed in accordance with the laws of the province of Ontario applicable therein. By entering the Contest, Entrants irrevocably submit to the non-exclusive jurisdiction of Ontario for the purpose of any suit, action or proceeding arising in relation to the Contest, including the interpretation of the Rules.
• Failure to comply with these Rules may result in disqualification from the Draw. Any materials used in this Draw, including Entries, which have been tampered with, forged, reproduced or not legitimately obtained, are unintelligible, illegible, damaged or which contain or reflect printing, production, distribution or other errors may, in the sole discretion of Elmwood Spa, be judged void and the Entrant disqualified. Entrants further agree to comply with and be bound by the decisions of Elmwood Spa, which will be final and binding in all respects. Elmwood Spa reserves the right in its sole discretion to disqualify any individual, including those selected as Potential Winners or the Winner, suspected of: (a) having provided false or misleading information in relation to the Draw, whether in the entry process or otherwise; (b) tampering or attempting to tamper with the entry process or the operation of the Contest; (c) violating the Rules; (d) violating any terms of service, conditions of use or general rules or guidelines of any property or service of Elmwood Spa or its affiliates; or (e) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person in relation to the Draw, the Draw entry process or Winner selection.

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