Miraval Gives Back Program Offical Rules
The “Miraval Gives Back” Program (“MGB”) is an unprecedented move by the award-winning resort to give the gift of a Miraval experience to individuals who are going through a difficult time who would benefit from the amazing specialists, life changing programming, and innovative spa services.
In order to be eligible for consideration in the MGB program, Nominee must be a legal resident of the United States of America, excluding residents of Florida and Rhode Island, and meet the following criteria:
- must be 21 years of age,
- must be willing and medically able to travel in the next six (6) months,
- must be going through a major life transition and/or challenge (e.g., recent illness, divorce, empty nest, recent loss, major job change, new baby), and
- must be willing to share their story publicly through Miraval’s media channels and public relations efforts.
Directors, officers, employees, contractors, agents or representatives of Miraval Resort Arizona, LLC (“Miraval”) and/or its affiliate companies, as well as the immediate family of such persons (including spouse, parents, children, siblings, and their respective spouses, regardless of where they live) and individuals living in the same households as these persons, whether related or not, are not eligible. The MGB program is subject to all applicable federal, state, and local laws and regulations. The MGB program IS NOT OFFERED IN FLORIDA, RHODE ISLAND AND WHERE OTHERWISE PROHIBITED OR RESTRICTED BY LAW.
2. HOW TO NOMINATE
Miraval will begin accepting nominations on March 1, 2014, and will continue accepting nominations through November 1, 2015, with the last MGB gift being given in December 2015.
Those who are interested in nominating someone may go to www.miravalresorts.com/overview/miraval_gives_back or the Miraval Arizona Facebook Page, located at https://www.facebook.com/MiravalArizona, and complete a nomination form that includes the following:
- Nominator’s name & contact information
- Nominator’s connection to the Nominee
- Nominee’s name & contact information
- Nominee’s age
- Photograph of the Nominee (Nominator is solely responsible for the photograph and warrants that it is a photograph Nominator took or created and owns the rights to that photograph)
- In 500 words or less, provide an explanation as to why the Nominee is deserving of being a MGB gift recipient and how the MGB program can benefit him/her.
Limit one (1) nomination submission per Nominator, per calendar month. Any form of nomination other than that described herein is void. All submitted nominations become the property of Miraval and will not be returned.
3. SUBMISSIONS AND TESTIMONIALS
Nominators warrant that nominations are not defamatory, and do not give rise to any claims of infringement, invasion of privacy or publicity, or infringe on any rights or interests of any third party, or give rise to any claims for any payment whatsoever.
Nominees who are selected to receive the MGB gift will be required to provide a pre-interview and a post-interview of their stay to gather “aha moments” and lessons learned, which Miraval may use in any form, at its discretion.
Nominators and MGB gift recipients agree to grant Miraval the non-exclusive, irrevocable right and license to exhibit, broadcast, copy, reproduce, publish, distribute, encode, compress, encrypt, incorporate data into, edit, rebroadcast, transmit, record, publicly display, publicly perform and create derivate works of the materials submitted in connection with a nomination, including the explanation and/or photograph, and/or any portion or excerpts thereof, in any manner, for any purpose, commercial or otherwise, an unlimited number of times, in any and all media, now known or hereafter devised, throughout the world in perpetuity and without any compensation to the Nominator, MGB gift recipient or any third party. Miraval is under no obligation to use nomination submissions for any purpose.
4. MGB GIFT SELECTION
All nominations will be reviewed by a committee consisting of five (5) Miraval executives who will evaluate the submissions based upon the criteria identified above. The committee will chose one (1) individual from the nomination pool every month to receive the MGB gift. The first MGB gift recipient will be made in April 2014.Nominations will remain in the nomination pool up to one (1) year from the date they are submitted. Decisions of the committee are final and binding in all respects.
The MGB gift will consist of a complimentary, three (3) night inclusive stay at Miraval for one (1) MGB gift recipient, to include, deluxe accommodations in luxurious casita-style room; private sessions and spa services hand-picked by the Miraval staff focused on the unique needs of the MGB gift recipient; healthful and flavorful meals, snacks, smoothies and non-alcoholic beverages; unlimited participation in regularly scheduled complimentary self-discovery activities; full access to Miraval's extensive resort amenities, including fitness center and the new Life in Balance Spa, with saunas, hot tubs and outdoor pools; one (1) $400 complimentary gift card to be used in connection with travel reimbursement; shared shuttle transfers from Tucson International Airport or complimentary valet parking for guests who drive in; one (1) welcome gift, to include a Miraval tote bag and reusable water canteen; and the satisfaction of applicable transient occupancy taxes and resort amenity fees. Approx. Retail Value:$2500.00.
Travel arrangements are to be made by the MGB gift recipient, but shall be coordinated with Miraval. Any travel expenses exceeding the $400 allotment are the sole responsibility of the recipient. All expenses and incidental travel costs not expressly stated in the descriptions above, including, but not limited to, ground transportation not included above, incidental expenses, room charges, additional meals, gratuities, alcohol, souvenirs, and additional services purchased outside the planned itinerary are the responsibility solely of the MGB gift recipient. The MGB gift is not assignable or transferable. No cash equivalents of the MGB gift or substitutions will be allowed except at the sole discretion of Miraval, who may substitute a prize (or portion thereof) with one of comparable or greater value. Each MGB gift is awarded AS IS and WITHOUT WARRANTY OF ANY KIND, express or implied, (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose) by Miraval. With the exception of transient occupancy taxes and resort amenity fees, Gift recipients are responsible for the payment of all taxes and fees associated with MGB gift receipt and/or use. Miraval will provide any required tax reporting forms to the Internal Revenue Service.
All MGB gifts must be redeemed by the recipient within six (6) months of being notified of the award.
5. ODDS OF BEING SELECTED
The odds of being selected as an MGB gift recipient depend on the total number of eligible nominees received during the nomination period.
6. RECIPIENT NOTIFICATION
Miraval will contact all MGB gift recipients via telephone and e-mail using the contact information on the nomination form. Miraval will attempt to call the MGB gift recipient during Miraval’s regular business hours at the telephone number(s) provided on the nomination form and will leave no messages. Miraval will also attempt to contact the MGB gift recipient at the e-mail address provided on the nomination form. Failure to reach a MGB gift recipient by telephone after three (3) attempts or by e-mail after one (1) attempt (i.e., return of e-mail as non-deliverable or failure of recipient to respond to e-mail) may, at Miraval’s discretion, result in forfeiture of the recipient’s interest in gift and selection of a substitute recipient from among all remaining nominations in the nomination pool. MGB gift recipients may, at the option of Miraval, be required to complete and sign an Affidavit of Eligibility and Liability Release, where legal, a Publicity Release, and IRS Form W-9.Failure to complete and return such forms to Miraval within seven (7) days of recipient’s receipt of such request will result in forfeiture of the MGB gift and Miraval may, in its sole discretion, select a substitute recipient from among all remaining nominations in the nomination pool. MGB gift recipients who forfeit or who are deemed to forfeit the MGB gift for any reason may, in Miraval’s sole discretion, be considered ineligible from participation in the MGB program.
Except where prohibited by law, as a condition of participating in and receiving the MGB gift, recipients agree to the use by Miraval of recipient’s name, photograph, likeness, statements, biographical information, voice and city and state address, for advertising and promotional purposes, as well as use on Miraval’s website, worldwide, and in perpetuity, in any and all forms of media, now known or hereafter devised without additional compensation, review or approval rights, notification or permission, except where prohibited by law.
IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, PLACING RECIPIENT’S NAME ON A GIFT RECIPIENT’S LIST, WHICH MAY BE PUBLISHED ON MIRAVAL’S WEBSITE, OTHER SOCIAL MEDIA OUTLETS, AND/OR OTHER PUBLIC RELATIONS MEDIA OUTLETS.
9. FACEBOOK DISCLAIMER
You agree and acknowledge, as condition of participating in the MGB program, that Facebook® does not sponsor, endorse, administer, or is in any way associated with, the MGB program. All questions regarding the MGB program must be directed to Miraval, not Facebook®. You also agree that as a condition of participating in MGB you shall release Facebook® from any and all liability arising out of your participation in the program.
10. LIMITATION OF LIABILITY
Miraval is not responsible for: (1) stolen, lost, late, misdirected, damaged, undeliverable or incomplete, inaccurate, delayed, illegible nominations due to printing, typographical, human or other errors relating to or in connection with the MGB program, including, without limitation, errors which may occur in connection with the administration of the MGB program, notification or correspondence, the processing of nominations, the announcement of the recipient or other error in any MGB gift related materials; (2) technical failures of any kind; (3) failures of any of the equipment or programming associated with or utilized in the MGB program; (4) unauthorized human intervention in any part of the nomination process or the MGB program; (5) technical or human error that may occur in the administration of the MGB program or the processing of nominations; or (6) any injury or damage to persons or property that may be caused, directly or indirectly, in whole or in part, from a person’s participation in the MGB program or receipt or use of any MGB gift. If for any reason a nomination is confirmed to have been erroneously deleted, lost or otherwise destroyed, corrupted or for any other reason not accepted for consideration in the MGB program, the sole remedy is to submit another nomination. Miraval’s decisions are final on all matters relating to the MGB program.
As a condition of participating in the MGB program, you agree to release, indemnify and hold harmless Miraval and its affiliated entities, subsidiaries, and each of its respective agents, representatives, officers, directors, shareholders and employees (collectively, "Releasees") from and against any injuries, losses, damages, claims, actions and any liability of any kind resulting from or arising from participation in the MGB program or acceptance, possession, use, misuse or nonuse (including any travel or travel-related activity thereto) of the MGB gift. The laws of the State of Arizona will govern any and all disputes.
As a condition of participating in the MGB program, you agree that (1) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (2) all claims arising out of or connected with this MGB program, or any gifts awarded, shall be resolved individually, without resort to any form of class action; and (3) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred. You waive any right to seek an award of attorneys' fees. Miraval reserves the right to modify gift award procedures.
11. GENERAL CONDITIONS
Miraval reserves the right without liability to rescind, cancel or revoke any entry or cancel, suspend, modify and/or terminate the MGB program, or any part of it, for any reason, including, but not limited to, insufficient nominations, any error, including, but not limited to, printing, typographical, technical errors, human or otherwise, suspected or actual evidence of electronic or non-electronic tampering with any portion of the MGB program, or if computer virus, bugs, unauthorized intervention, fraud, or technical difficulties or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the MGB program or any other factor beyond Miraval’s reasonable control, as determined by Miraval in its sole and absolute discretion. In such event, Miraval reserves the right to award the MGB gift, or a portion thereof, in such manner as deemed fair and appropriate by Miraval in its sole and absolute discretion.
If, in Miraval’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the MGB program, or if computer virus, bugs, unauthorized intervention, fraud, or technical difficulties or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the MGB program, Miraval reserves the right in its sole discretion to disqualify any individual who tampers with the nomination process and or void any nominations submitted fraudulently, to modify or suspend the MGB program, or to terminate the MGB program.
ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE MIRAVAL’S WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE MGB PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, MIRAVAL RESERVES THE RIGHT TO SEEK CIVIL AND/OR CRIMINAL PROSECUTION AND DAMAGES (INCLUDING ATTORNEYS' FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT OF THE LAW.
You agree to be bound by the Official Rules and decisions of Miraval and/or Miraval's representatives, which are final and binding in all respects. All nominations become the sole property of Miraval and will not be acknowledged or returned. The failure of Miraval to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism (or threat thereof), act of public enemies, actions of governmental authorities outside of the control of Miraval or other force majeure event will not be considered a breach of these Official Rules.
The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules 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. Miraval's failure to enforce any term of these Official Rules will not constitute a waiver of that provision. You agree to waive any rights to claim ambiguity of these Official Rules or any MGB program materials. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof.
12. ARBITRATION AND DISPUTES
As a condition of participating in the MGB program, you agree that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or connected with the MGB program, or MGB gift awarded, or the determination of the MGB gift recipient, shall be governed by laws of the state of Arizona without giving effect to any choice of law or conflicts of law rules of any jurisdiction and shall be resolved exclusively by the state and/or federal courts located in the state of Arizona, and that you hereby submit to the jurisdiction of such courts.
13. OFFICIAL RULES AND GIFT RECIPIENT LIST
Official Rules are available at www.miravalresorts.com/overview/miraval_gives_back/official_rules. To obtain the names of the MGB gift recipients, any person may visit www.miravalresorts.com/overview/miraval_gives_back or mail a self-addressed, stamped envelope to Miraval Resort & Spa, 5000 E. Via Estancia Miraval, Tucson, AZ 85739, Attn: Miraval Gives Back Program. The gift recipient list will be available after the first MGB gift recipient is confirmed and will be updated periodically thereafter to reflect subsequent MGB gift recipients. The gift recipient list will be available for three (3) months after the MGB program ends.
If you do not wish to receive information from or about Miraval, send your name and address to: 5000 East Via Estancia Miraval, Tucson, Arizona85739. Attn: Miraval Gives Back Program.
The sponsor of the MGB program is Miraval Resort Arizona, LLC, 5000 East Via Estancia Miraval, Tucson, Arizona85739.