WIN $23,000+ IN COSMETIC ENHANCEMENTS!
Who hasn't looked in the mirror and found something they wanted to change? Enter today for your chance to make that change!
Dream Spaces has teamed up with Limberg Surgery and Central Coast Smiles to provide $23,000+ of cosmetic enhancements to one lucky winner. So smooth out that bump in your nose, straighten that crooked smile or lose those frown lines. Choose from the following procedures:
Limberg Surgery:
$5,400 - consultation and procedure for laser eye surgery.
$10,000 - choice of BOTOX, Juvederm, Radisse, chemical peel, eyelid surgery, forehead lift, brow lift, neck lift, face lift, laser hair removal, laser hair resurfacing, lip augmentation, microdermabrasion.
Central Coast Smiles:
$8,000 - includes porcelain veneers for the top front six teeth and bleaching.
HOW TO ENTER
Fill in the form below and submit.
SUBMIT
All entries must be received by June 30, 2008. Winner will be drawn on or before July 10, 2008. One entry per person.
Who can enter?
No purchase is necessary to qualify for or to enter this contest. You must be a legal resident of San Luis Obispo County or Santa Barbara County, California. You must also be at least 21 years old.
SEE TERMS AND CONDITIONS FOR COMPLETE DETAILS
Terms & Conditions
1. Acknowledgment
2. The Prize
3. Registration
4. Selection of Winner
5. Notification of Prize Winner
6. Result of Inability or Unwillingness to Comply
7. Doctor-Prize Winner Relationship
8. Information and Likeness
9. Confidentiality
10. Changes
11. Ownership of Content
12. Disqualification
13. Performance of Site
14. Negotiated Agreement
15. No Representations
16. Severability
17. Interpretation
18. Applicable Law: Venue
19. Assignability
20. Captions
21. No Effect of Waiver
22. No Third Party Beneficiary
23. No Authority
24. Arbitration
25. Further Disclaimer
1. Acknowledgment:
By entering the Dream Spaces Personal Makeover contest (the "CONTEST") on www.dreamspacesonline.com (the "SITE"), you (the "PARTICIPANT") agree to all the terms and conditions of this AGREEMENT and, as a further requirement for eligibility, such further conditions or other modifications to the AGREEMENT which may be made in the exclusive and complete discretion of Dream Spaces and AZINA (collectively "AZINA") and posted on the SITE.
By registering to play the CONTEST and by checking the "I have read and agree to the rules of AZINA Personal Makeover Contest" box on the registration page, PARTICIPANT acknowledges that PARTICIPANT (1) has read the entirety of this Agreement, (2) understands the entire Agreement, (3) has had the opportunity to consult with an attorney of PARTICIPANT'S own choosing and agrees to each and every term and condition in the AGREEMENT.
2. The Prize:
One prize (the "PRIZE") will be awarded. The PRIZE will consist of services provided by CONTEST sponsors of value estimated that will be approximately $23,400. The services which comprise the PRIZE are elective personal enhancements, including laser eye surgery, cosmetic facial and dental services that may be used by the prize winner (the "PRIZE WINNER") only. For all purposes, the PRIZE WINNER and all tentative WINNERS are included within the category defined as PARTICIPANT, thus PARTICIPANTS includes but is not limited to WINNERS. The specific doctors (the "DOCTORS") are currently sponsors of the CONTEST by way of offering their services to the WINNER as follows:
1. Consultation and Laser Eye Surgery conducted by Dr. Michael Limberg of Limberg Eye Surgery (Value $5,400).
2. A choice of services valued up to $10,000 conducted by Dr. Noelene Pang of Limberg Surgery including: BOTOX, Juvederm, Radisse, Chemical Peel, Eyelid Surgery, Forehead Lift, Brow Lift, Neck Lift, Face Lift, Laser Hair Removal, Laser Hair Resurfacing, Lip Augmentation, Microdermabrasion.
3. Porcelain Veneers for 6 teeth and Bleaching (Value $8,000) performed by Dr. Guy Alexander Jones, DDS of Central Coast Smiles.
AZINA does not guarantee that any one or more of the DOCTORS will be willing and able to perform the services promised. If any such doctor does breach his contract with AZINA then AZINA will use such efforts as it decides is appropriate, in its exclusive and complete discretion.
AZINA does not warrant or guarantee that DOCTORS will accept PRIZE WINNER for any medical procedures. If DOCTORS decline to provide the medical services to PRIZE WINNER on the basis of medical or psychological or such other basis/criteria that DOCTORS, in their exclusive discretion, choose to apply, then PRIZE WINNER will be disqualified and a new PRIZE WINNER shall be selected. The disqualified PRIZE WINNER will forfeit the entirety of the PRIZE and will receive no compensation whatsoever from AZINA or DOCTORS.
No substitution, transfer, or cash equivalent will be awarded for the PRIZE. Nonetheless, AZINA may substitute another prize in their exclusive and complete discretion for any reason. As an illustration and not limitation, substitution may be possible should one or more of the DOCTORS refuse to perform their services because the treatment is, in the DOCTOR'S exclusive and complete discretion, dangerous to the PRIZE WINNER, and alternate sponsors become available and are willing to provide such other items or services to PRIZE WINNER at AZINA'S exclusive and complete discretion.
The PRIZE WINNER is responsible for the payment of all state, federal and other taxes attributable to the PRIZE as well as all incidental expenses or other expenses incurred as a result of the CONTEST.
3. Registration:
Registration for the CONTEST is a self-service, online-only process that can be accessed by clicking on the registration page at the SITE. PARTICIPANTS must first register by answering a brief questionnaire in order to register for the CONTEST. No purchase or entry fee is required. PARTICIPANTS may register only between May 1, 2008, 9:00 a.m. and June 30, 2008 12:01 a.m. Any registrations attempted outside of the designated range will be deemed null and void; there will be no notice to the person attempting the out-of-range registration. A tentative WINNER, as that term is defined and discussed herein below, will be drawn on or around July 10, 2008 and the actual WINNER, as that term is defined and discussed herein below, will be announced on www.dreamspacesonline.com within a reasonable time after the actual WINNER is selected. The actual WINNER will additionally be notified in the manner delineated in Section 6 herein below.
4. Selection of Winner:
CONTEST requires PARTICIPANTS to answer a series of questions and then place their answers in the designated area on the SITE. All PARTICIPANTS must answer the same questions. The first PARTICIPANT randomly drawn with the correct answer to all questions will be deemed the tentative WINNER. In the event that the first person drawn to be the tentative WINNER is unable or unwilling to accept the PRIZE under the terms and conditions of this AGREEMENT and the subsequent modifications thereof, or is otherwise disqualified, in the exclusive and complete discretion of AZINA, then a second PARTICIPANT shall be drawn.
If this PARTICIPANT'S answers are all correct then this PARTICIPANT shall become the next tentative WINNER. This tentative WINNER shall be either approved or not approved by AZINA in its exclusive and complete discretion in the manner discussed. This procedure shall be repeated, as necessary, until a PARTICIPANT meets all of criteria and qualifications set forth at the exclusive and complete discretion of AZINA, that tentative Winner shall be deemed the actual WINNER, hereinafter referred to as the PRIZE WINNER.
PARTICIPANT is aware and agrees that the registration for this CONTEST does not connote or imply any value, rights or benefits whatsoever, even if PARTICIPANT becomes a tentative WINNER or actual WINNER. No rights or benefits whatsoever are acquired by any PARTICIPANT other than the PRIZE WINNER. The rights and/or benefits acquired by the actual PRIZE WINNER are limited to the work that the doctors are willing and able to perform at the appropriate time WINNER is determined. Doctors have the absolute right to reject WINNER if doctors believe that the procedures anticipated are medically inappropriate for the WINNER.
5. Notification of Prize Winner:
After the conclusion of the CONTEST, the PRIZE WINNER, will be notified by telephone (if telephone number is provided), email and/or mail. PRIZE WINNER will be required to sign and return by Certified Mail to AZINA within seven (7) days of notification, an affidavit of eligibility and liability and publicity release, including evidence of age and residence, unless prohibited by law (the "Affidavit/Release"). If the PRIZE WINNER cannot be reached after a reasonable effort has been exerted or if the PRIZE WINNER does not comply with the required response then PRIZE WINNER will be disqualified. In that event a new PRIZE WINNER will be selected under the terms of Paragraph 4 hereinabove.
6. Result of Inability or Unwillingness to Comply:
In the event that a PRIZE WINNER cannot or does not comply to each and every term and condition of this AGREEMENT as well as all additional terms and conditions as may be required by AZINA in its exclusive and complete discretion then PRIZE WINNER will be disqualified. In that event, a new PRIZE WINNER will be selected under the terms of Paragraph 4 hereinabove.
7. Doctor-Prize Winner Relationship:
AZINA has no business relationship with the DOCTORS other than in regard to this CONTEST and has no particular or special knowledge concerning the Doctors or their abilities thereof. It is entirely PARTICIPANT'S responsibility to determine whether they desire to have the DOCTORS perform the procedures, or any of them.
Information whose reliability is neither known nor guaranteed by AZINA to be correct is provided by DOCTORS on their respective web sites which are as follows:
- Dr. Michael Limberg
- Dr. Noelene Pang
- http://www.eyesonly.com/Frame_doctors.html
- Dr. Guy Alexander Jones, DDS
- http://www.centralcoastsmiles.com/index.htm
AZINA shall have no involvement whatsoever with regard to the relationship between any one or more of the DOCTORS and PARTICIPANT. AZINA shall have no responsibility for any acts or omissions of any one or more of the DOCTORS. AZINA shall have no responsibility in the event one or more of the DOCTORS declines to perform one or more procedures for any reason, stated or not stated. PRIZE WINNER shall be required to agree to and sign a comprehensive release of AZINA'S chosen form and specification concerning the medical/dental services to be provided by DOCTORS in order to maintain eligibility.
8. Information and Likeness:
By registering for the CONTEST, PARTICIPANT agrees that should PARTICIPANT become the actual PRIZE WINNER, PARTICIPANT grants to AZINA the right to use PARTICIPANT'S name, address, photographs or video (collectively the "PHOTOGRAPHS") in perpetuity, without reservations and for any and all purposes, commercial and otherwise, in AZINA'S exclusive and complete discretion. Further, PARTICIPANT agrees that PARTICIPANT will travel, at PARTICIPANT'S own expense, to a photographic studio of AZINA'S choosing located in San Luis Obispo County twice, once before the medical/dental procedures are performed by DOCTORS and once thereafter so that PHOTOGRAPHS make be taken. PARTICIPANT will fully cooperate with said photographer such that photographer may take any and all photographs of PARTICIPANT that AZINA and/or photographer desire in their exclusive and complete discretion.
Copies of any and all PHOTGRAPHS may be available to PARTICIPANT directly from the photographer at PARTICIPANT'S expense. PARTICIPANT may use such photographs for personal use only and any use for commercial purposes without the express written permission of AZINA is prohibited. AZINA is deemed the copyright holder of all photographs taken pursuant to the CONTEST. PARTICIPANT specifically waives all rights to privacy and exploitation rights under both California and federal law.
9. Confidientiality:
Each PARTICIPANT hereby agrees that any information transmitted to the SITE in connection with the CONTEST is not confidential and such PARTICIPANT acknowledges that he/she has and will have no expectation of privacy with respect to such information. By registering for the CONTEST, PARTICIPANT hereby states under penalty of perjury that all information that PARTICIPANT supplies during the registration process and thereafter is current, truthful and complete. To the extent that any such information is not current, truthful and complete, PARTICIPANT will be disqualified from the CONTEST at the exclusive and complete discretion of AZINA.
By registering for the CONTEST, PARTICIPANT agrees that AZINA may provide such information to third party marketing companies in any manner that AZINA chooses in order to allow said third party marketing companies to provide by mail, email or otherwise such information that said marketing companies may deem appropriate. PARTICIPANT further agrees to receive such third party information while concomitantly having the right to terminate receipt thereof in accordance with state and federal law and the policies of the particular third party marketing company. Any information or materials received from such marketing companies is unrelated in any way and PARTICIPANT agrees to hold AZINA harmless from any claims made by PARTICIPANT against said marketing company.
10. Changes:
AZINA reserves the right to make such changes as it deems appropriate in its exclusive and complete discretion; such changes will be posted on the SITE. PARTICIPANT agrees that all such changes shall be deemed an integrated portion of the AGREEMENT and fully in force retroactive to the start date of the CONTEST. Should PARTICIPANT not agree to any or all such changes then PARTICIPANT is immediately and without notice disqualified from the CONTEST.
11. Ownership of Content:
The CONTEST and the SITE, including the artwork, graphics, music and other components included therein (the "Content"), are the valuable intellectual property of AZINA and are protected by state and federal copyright and trademark laws and international copyright and trademark treaties. The CONTEST does not grant any PARTICIPANT any rights thereto.
The contents of www.dreamspacesonline.com may not be copied, modified, duplicated or distributed in any form or for any reason without the express written consent of AZINA.
12. Disqualification:
The violation of any terms of this AGREEMENT, including any changes, supplements and additions, by a PARTICIPANT results in immediate disqualification of said PARTICIPANT.
13. Performance of Site:
AZINA is not liable for any delay or failure of the SITE or the CONTEST to perform. There is no guarantee that PARTICIPANTS will be able to access the SITE whenever and wherever they want. There may be extended periods of time when PARTICIPANTS cannot access the SITE. Heavy SITE activity may affect PARTICIPANTS' access to the SITE. The CONTEST will not recognize registrations that were not processed by the SITE.
14. Negotiated Agreement:
This AGREEMENT, although prepared by AZINA, shall be deemed the result of negotiations between the parties and, accordingly, shall not be construed for or against either Party. PARTICIPANT has all rights to decline to enter into this AGREEMENT and the CONTEST.
15. No Representations:
The making, execution and delivery of this AGREEMENT by the parties hereto has been induced by no representations, statements, warranties or agreements other than those expressly set forth herein.
16. Severability:
If any provision of this AGREEMENT or application to any party or circumstances shall be determined by any court of competent jurisdiction to be invalid or unenforceable to any extent, the remainder of this AGREEMENT or the application of such provision to such person or circumstances, other than those as to which it is so determined invalid or unenforceable, shall not be affected thereby, and each provision hereof shall be valid and shall be enforced to the fullest extent permitted by law.
17. Interpretation:
Wherever and to the extent possible, each provision of this AGREEMENT shall be interpreted in such a manner that best reflects the other terms and conditions of this AGREEMENT.
18. Applicable Law: Venue:
The CONTEST will occur in the County of Los Angeles and both venue and jurisdiction shall be deemed proper only in the courts within the County of Los Angeles.
19. Assignability:
PRIZE WINNER may not assign any rights whatsoever under this AGREEMENT.
20. Captions:
The captions in this AGREEMENT are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope of this AGREEMENT or the scope or content of any of its provisions.
21. No Effect of Waiver:
No waiver of any provision of this AGREEMENT by AZINA shall be considered a waiver of any subsequent breach of the same or breach of any other provision of this AGREEMENT.
22. No Third Party Beneficiary:
This AGREEMENT is for the sole benefit of PRIZE WINNER and is not for the benefit of any third party.
23. No Authority:
PARTICIPANTS shall not at any time represent that they are employed by AZINA, or that they are authorized to make any contracts, agreements or obligations on behalf of AZINA.
24. Arbitration:
PARTICIPANTS agree that, subject to the exclusion of intellectual property matters as set forth below, any dispute in any way arising out of or relating to this AGREEMENT or the CONTEST will be resolved by arbitration before JAMS/ENDISPUTE(R) or the American Arbitration Association in the County of Los Angeles. A dispute relating to trademarks, trade dress, copyrights, trade secrets, false advertising, false representation, unfair competition and/or
infringement of intellectual property rights shall not be subject to this provision.
PARTICIPANTS further agree that in any arbitration proceeding they may conduct reasonable discovery pursuant to the arbitration rules, that the law of the state of California will be the governing law, and any arbitration award will be enforceable in state or federal court.
25. Further Disclaimer:
All PARTICIPANTS and their families assume all liability and assume all risk for any injury, illness, damage or death caused or claimed to be caused by his or her participation in the CONTEST and/or the acceptance and/or use of any PRIZE, and release AZINA and its parents, subsidiaries, affiliates, agents, employees, attorneys, subcontractors and assigns, as well as advertising and promotional agencies and their respective officers, directors, and employees (collectively "RELEASED PARTIES"), from any such liability. RELEASED PARTIES assume(s) no responsibility for any injury or damage to PARTICIPANT'S or to any other person's computer relating to or resulting from this CONTEST. RELEASED PARTIES are not responsible for telecommunications, network, electronic, technical or computer failures of any kind, for inaccurate transcription of entry information, errors in any promotional or marketing materials, errors in these rules, for any human or electronic error, including but not limited to, the administration of this CONTEST, or for entries that are stolen, misdirected, garbled, delayed by computer transmissions, lost, late, or damaged.
Any attempt by a PARTICIPANT or any other individual to deliberately damage any online service or SITE or undermine the legitimate operation of the CONTEST or the SITE is a violation of criminal and civil laws and, should such an attempt be made, AZINA will refer the matter to law enforcement, particularly the Federal Bureau of Investigation, and will seek damages and such other remedies as are available under both state and federal law.
The CONTEST is for entertainment purposes only. These Rules constitute the AGREEMENT of PARTICIPANT and are subject to changes by AZINA without prior notice. AZINA reserves the right to cancel the CONTEST at any time, without prior notice, for any reason or no reason. AZINA furnishes the information available on this SITE without responsibility for accuracy and PARTICIPANTS agree that errors contained in such information shall not be made the basis for any claim, demand or cause of action. AZINA and its vendors believe their data and text services to be reliable, but accuracy is neither warranted or guaranteed.
To the fullest extent permissible under applicable law, AZINA expressly disclaims all warranties or conditions of any kind, express, implied or statutory, including and without limitation, the implied warranties or conditions of merchantability and fitness for a particular purpose and title and non-infringement. AZINA does not warrant, guarantee or make any representation regarding the use or the results of the use of the site or the contest in terms of its correctness, accuracy, reliability, currentness or otherwise.
In no event shall AZINA, its parent entities, affiliates, officers, directors, employees, attorneys or agents be held liable to a PARTICIPANT or to any third party for any consequential, incidental, special, reliance, punitive or indirect damages, however caused (including negligence or personal inury), or any damages whatsoever (including, without limitation, damages for injury to person or property, for loss of profits, business interruption, loss of business information or data, loss of privacy, failure to meet any duty and negligence) arising out of or in any way related to the use or inability to use the site or the contest, on any theory of liability, without limitation, even if any such party had been advised of the possibility of such damages. Each PARTICIPANT agrees to waive any right to equitable relief including, without limitation, injunctive relief against AZINA or its parent, affiliates, officers, directors, employees or agents to enforce the terms herein; however, the foregoing shall not preclude AZINA from seeking any injunctive relief.
Copyright (c) 2008 AZINA Communications, Inc. All rights reserved.
