Yoga Garden of San Francisco, LLC
“Yoga Dream Giveaway 2019”
Official Rules

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN A GIVEAWAY IN THIS PROMOTION. A PURCHASE OR PAYMENT WILL NOT INCREASE OR IMPROVE YOUR CHANCES OF WINNING.

ELIGIBILITY. The “Yoga Garden SF Yoga Dream Giveaway” (the “Promotion”) is only open to entrants who, as of January 1, 2019 are permanent legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old (“Entrant”). The Promotion is void outside the eligible Promotion territory; and where prohibited or restricted by law. Employees, officers and directors of Sponsor and its parents, subsidiaries, affiliates, divisions, advertising and promotion agencies, and the immediate families (defined as parents, spouses, children, siblings, grandparents, and their respective spouses) or members of the same household (whether related or not) of each such employee, officer and director, are not eligible to enter. The Promotion, and any website pages and advertisements relating thereto, is intended for viewing only within the eligible contest territory, and entrants must be present in the eligible Promotion territory at the time they enter.

TIMING. The Promotion entry period begins at 12:01 a.m. Pacific Standard Time (“PST”) on February 11, 2019 and ends at 11:59 p.m. PST on February, 22 2019 (the “Entry Period”). Entrant’s computer is the official timekeeping device for the Promotion.

HOW TO ENTER:

1. ENTRY INSTRUCTIONS. There is one (1) way to enter and participate in the Promotion. During the Entry Period go to: https://www.yogagardensf.com/yogadream/ and follow the links and instructions to fully complete all required registration information (including contact information).

2. FOR ALL ENTRIES: LIMIT: One (1) entry per person in the Promotion. All entries, regardless of method of entry, must be received by Sponsor during the Entry Period. ENTRY MATERIALS WILL NOT BE ACKNOWLEDGED OR RETURNED, AND, IN FACT, MAY BE DESTROYED. Proof of submission of any entry materials will not be deemed to be proof of receipt by Sponsor. Any submission that does not comply with any aspect of these Official Rules, as determined by Sponsor in its sole discretion, may be rejected by Sponsor and the entrant disqualified. All entrants and entries subject to verification prior to the awarding of a scholarship, as are the eligibility, age and other claims of/information provided by a potential scholarship winner. Sponsor reserves the right to conduct a background check on any or all entrants, and Sponsor reserves the right to disqualify any individual based on such background check if Sponsor determines in its sole discretion that awarding a scholarship to any such individual might reflect negatively on Sponsor or any of its Promotion partners.

3. USE OF ENTRY MATERIALS. Each entrant agrees that Sponsor and its successors, designees and assigns shall each have the exclusive, perpetual, royalty-free, paid-up, irrevocable, world-wide and fully-transferable right (but not obligation) to use, modify, display, reproduce, make derivative works of, and otherwise exploit entrant’s entry (or any part thereof, including any answers) for promotional purposes in any manner or media whether now or hereafter existing and/or to otherwise use or commercially exploit any entries (or any part thereof, including any answers) or information or ideas contained within any entry or submission, all without payment, notice, attribution, consideration or consent. Such use includes, without limitation, the right (but not obligation) to use entries (or any part thereof, including answers) on and in Sponsor’s and its designees’ websites and social media outlets. The timing and duration of any use shall be as determined by Sponsor in its sole discretion, and an entrant shall have no claim with respect to the use or non-use or the duration of any use, or failure to make any use, of any entries. Sponsor does not have any obligation to maintain any of the entries or submissions, or any information or ideas contained therein, as confidential or proprietary. SPONSOR AND ITS DESIGNEES RESERVE THE RIGHT TO EDIT, MODIFY, OR ABRIDGE ANY ENTRY MATERIALS FOR ANY REASON PRIOR TO USE. By submitting an entry, each entrant specifically acknowledges and agrees to the foregoing, and, at no cost to Sponsor, will execute and deliver to Sponsor, if and when required by Sponsor, any and all additional documents provided by Sponsor evidencing or confirming the foregoing.

JUDGING; SELECTION; NOTIFICATION.

1. SELECTION. Eligible entries received during the Entry Period will be entered into a pool. The winner will be selected at random.

2. NOTIFICATION. A potential winner(s) will be announced on or about February 28, 2019. Potential winner(s) of the award must comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. A potential winner will be notified by phone call and email.

NOTIFICATION. In order to claim a scholarship, a potential winner will be required to execute and return to Sponsor a Liability Release and, except where prohibited by law, a Publicity Release (an “Affidavit/Release”) in the form(s) provided by Sponsor. The Affidavit/Release must be returned to Sponsor by the date and/or time indicated within the Affidavit/Release. If the potential winner cannot be contacted within forty-eight (48) hours of the first attempt to contact him/her, or if the potential winner fails to return the Affidavit/Release within the specified time, or if the potential winner or his/her entry is found to be ineligible, or if the potential winner does not comply with the Official Rules, then the potential winner may be disqualified and an alternate potential winner selected by Sponsor in his/her place, which alternative will be the entrant who would have been the applicable scholarship winner if the disqualified potential winner was not considered in the Promotion judging. In such event, an alternate potential winner will be notified by Sponsor as described above and will be required to return the required documents to Sponsor as described above; however, Sponsor, in its sole discretion, may adjust the above timing and delivery requirements to accommodate Sponsor’s Promotion schedule. Sponsor is not responsible for the failure of a potential winner to receive Sponsor’s notification or the required documents for any reason, or for the inability of such potential winner to return the required documents for any reason. Each winner agrees that he/she will not conduct or participate in any media interview regarding this Promotion or any scholarship without the express prior written permission of Sponsor.

Giveaway. Subject to the terms and conditions of these Official Rules, one (1) Yoga Teacher Training giveaway will be awarded in this Promotion; program as specified by the application. The giveaway prize is for trainings that are offered only in San Francisco, California, USA, and must start no later than October 1, 2019. Approximate retail value (“ARV”) of a giveaway is three thousand one-hundred and fifty dollars ($3,150). The giveaway includes teacher training program attendance only, and does not include travel, food, lodging or any other item not listed, all of which are the sole obligations of a winner. Giveaway is nontransferable, nonassignable, nonnegotiable, and not redeemable for cash or credit. Giveaway must be accepted as awarded. Giveaway is awarded “AS IS” with no warranty, representation, or guarantee, express or implied, in fact or in law, made by Sponsor or for which Sponsor shall be liable, including, without limitation, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. No award substitutions, except by Sponsor, who reserves the right (but has no obligation) to substitute an award (or a component thereof) with another award of equal or greater value (including cash) if the award (or a component thereof) is not available for any reason as determined by Sponsor in its sole discretion. Unused components of the award shall be forfeited and have no redeemable cash value. A winner is solely and fully responsible for any and all costs, fees, taxes, assessments and expenses associated with giveaway award, redemption, receipt and use, including, without limitation, all federal, state and local taxes on the award. A winner will be issued an IRS Form 1099, and any other applicable tax documents, for the actual value of the award. Winners waive the right to assert as a cost of winning an award any and all costs of verification and redemption or travel to redeem the scholarship. Non-compliance with any of the foregoing and any other condition of this Promotion may result in disqualification and forfeiture of giveaway in which case, no consideration will be awarded.

PUBLICITY. Except where prohibited by law, participation in the Promotion constitutes winner’s consent to Sponsor’s (and its designees’, successors’ and assigns’) use of winner’s name, biography, likeness, voice, photographs, video, opinions, statements, hometown, state and country for promotional purposes in any manner or media (including, without limitation, online), worldwide, in perpetuity, and without further payment, consideration, notice, review or consent.

GENERAL CONDITIONS. Sponsor reserves the right, in its sole discretion, to terminate, modify or suspend the Promotion if, in Sponsor’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Promotion, or if viruses, bugs, unauthorized intervention, fraud, technical difficulties or failures or any other factor beyond Sponsor’s reasonable control corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion. In such event, Sponsor reserves the right (but does not have the obligation) in its sole discretion to award scholarships based on the Judging Criteria from among eligible, non-suspect entries received up to the time of suspected impairment. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage any website or undermine the legitimate operation of this Promotion is a violation of criminal and civil laws, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision or any other provision of these Official Rules.

RELEASE. By entering, each entrant forever and irrevocably releases and holds harmless Sponsor and its parents, subsidiaries and affiliates, and their respective agents, advertising and promotion agencies, affiliates, and Promotion partners, and all of their respective employees, officers, directors, shareholders and agents from and against all claims, damages or liabilities arising in whole or in part, directly or indirectly, from entrant’s participation and/or entry in the Promotion (including, without limitation, any activities associated with creating the entry), and/or entrant’s award, receipt or use of any scholarship awarded in the Promotion.

LIMITATIONS OF LIABILITY. Sponsor is not responsible for: (a) incorrect or inaccurate transcription of entry information or late, lost, stolen, unintelligible, illegible, damaged, mutilated, altered, incomplete, or misdirected entries or entries received through impermissible or illegitimate channels, all of which will be disqualified; (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer equipment, website, server provider, network, hardware or software; (c) the unavailability or inaccessibility of any website or service; (d) unauthorized intervention in any part of the entry process or the Promotion; (e) printing, typographical, electronic or human errors which may occur in the offer or administration of the Promotion or the processing of entries; or (f) any injury or damage to persons or property, including but not limited to entrant’s computer, which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion, or from viewing, playing or downloading any material from Sponsor’s website(s), regardless of whether the material was prepared by Sponsor or a third party, and regardless of whether the material is connected to Sponsor’s websites by a hypertext link.

DISPUTES. Entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Promotion, or any scholarships awarded shall be resolved individually, without resort to any form of class action, and solely and exclusively in federal or state courts located in the City and County of San Francisco, California; entrant submits to sole and exclusive personal jurisdiction to said courts in the State of California for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (b) 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 attorneys’ fees; and (c) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant or Sponsor 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 of provisions (whether of the State of California, the United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.

DATA COLLECTION. Entrants provide personal information to Sponsor and its designees when they enter the Promotion. Sponsor and its designees collect this information and use it to (a) administer this Promotion and (b) for market research and for other marketing purposes. Sponsor and its designees may share this information with third parties who need access to this information to perform services on Sponsor’s behalf. Sponsor may also share this information with select marketing partners, who may use it to contact you with information and offers they believe will be of interest to you.

AGREEMENT TO OFFICIAL RULES AND DECISIONS. By participating in the Promotion, each Entrant fully and unconditionally agrees to be bound by and accepts these Official Rules and the decisions of Sponsor and the Promotion judges (including, without limitation, decisions regarding eligibility of entries, the selection of Entrants and the winners, and the awarding of the scholarships), which are final and binding in all respects. Entrants and winner must comply with all terms and conditions of these Official Rules, and participation and winning is contingent upon fulfilling all requirements.

SPONSOR. The primary Sponsor of the Promotion and the address at which the Sponsor may be contacted is Yoga Garden SF, LLC, 286 Divisadero Street, San Francisco, California 94117.