The Boston Bodyworker is not responsible for confirming or reminding patients of appointments. Our auto e-mail service is offered as a courtesy. We are not responsible for incorrectly typed e-mails, e-mails sent to spam folders or bounces from e-mail service providers.
Do no use our online contact form (above) for cancellations. You must call us at 617-778-7344 to cancel appointments. Thank you.
At The Boston Bodyworker, we value you as a friend and patient. We strive to provide a relaxing, educating, and healthy atmosphere. Our therapists treat everyone with respect and trust, and so deserve the same in return. They work a limited number of hours each week to ensure the best possible care.
If for some reason you are unable to make an appointment and any of these situations occur, please familiarize yourself with our cancellation process.
1st “Late Cancel” or “No Show”: No Fee.
2nd “Late Cancel” or “No Show”: 25% fee of the original price of the missed appointment.
3rd “Late Cancel” or “No Show”: 50% fee of the original price of the missed appointment.
Any appointment following these occasions will be subject to a charge of the full fee of the missed appointment.
Due to the significant discount offered with promotional deals such as Groupons and LivingSocial, The Boston Bodyworker reserves the right to charge a fee equal to the value of the offer purchased.
Groupons canceled with less then 24 hr. notice are subject to be charged up to the full amount of the Groupon paid amount.
Special note for Discounted Daily Deals (GROUPON, Living Social, etc): If you are using a Groupon or Living Social deal, it is only valid until the expiration date printed on your certificate. Please plan accordingly so that you may redeem your deal before its date of Expiration. The Boston Bodyworker is not responsible for appointments that are booked after your GROUPON or Living Social deal’s expiration date. You will be charged our regular rate at the time of your visit.
Groupons canceled with less then 24 hr. notice are subject to be charged up to the full amount of the Groupon paid amount.
If you have questions about our cancellation policy or if you feel that you were incorrectly charged for a missed appointment, please call and speak with us personally about the situation.
Special Promotions & Discounts
The Boston Bodyworker reserves the right to restrict and limit eligibility to special promotions. Those restrictions may include, but are not limited to:
a. New Patients Only
b. A maximum number of redemptions per person
d. Valid for a specific period of time
e. May not be combined with any other offer or discount
The Boston Bodyworker has sole discretion to accept or reject discounts or promotions at any time.
Referral Program Terms & Conditions
Referral patient must be an initial patient to be eligible. Discount expires 30 days from referral visit. No cash value. Cannot be combined with any other discounts or promotions.
Boston Bodyworker memberships are month-to-month, and may canceled at any time. Any unused Auto-Pays (monthly billed massage) will expire 30 days from contract termination date. All you would need to do is send an email stating your desire to cancel or fill out a form, in person, at the front desk with at least 5 days notice prior to your next scheduled billing date. Your billing date will occur on the first of each month unless otherwise determined.
Agreed to Terms of Membership upon Enrollment: (a) I agree to purchase the [Monthly Membership for X$], as an automatic charge to my credit card, or automatic debit to my checking account each month until I make a request in writing to terminate. (b) I hereby certify that I am the holder of the credit card, or an authorized signer on the bank checking account detailed below. (c) I understand that I will be notified if my credit card or checking account payment fails to authorize for any reason, and that a $10 late fee will apply if I do not provide a valid credit card or checking account ACH information within 10 calendar days of the original rejection date. (d) I understand that my service will be deactivated if my account becomes more than 30 calendar days late and any unused purchases will be forfeited. (e) I understand that all services at The Boston Bodyworker are non-refundable and non-transferable.
These rules and restrictions apply to all contests and promotions conducted by The Boston Bodyworker, LLC (the “Company”), unless otherwise set forth in specific rules or restrictions for a particular contest or promotion. In certain cases, particular contests may have their own specific additional or alternative rules (in whole or in part) which will be set forth in a separate addition to these rules or in contest rules specific to a particular contest and will be available at the Company office at 575 Boylston St, 2nd Floor, Boston, MA 02116.
Who Can Enter
1. Must be legal residents of the State(s) of MA,RI,CT,VT,ME,NH 18 years of age or older on the date of entry. Company reserves the right to examine identification and may reasonably choose to accept or deny awarding the prize based on the identification presented.
2. Employees (including, without limitation, part-time or temporary employees) of the Company and contest sponsors their respective parent entities, subsidiaries, affiliated companies and advertising and promotion agencies and the immediate family (i.e., current and ex- spouses, parents, grandparents, children, grandchildren, and siblings and in-laws and steps in any of the foregoing categories) and other household members (i.e., roommates, housemates, significant others, and partners of each legally residing at the same address) of each are NOT eligible.
3. NO PURCHASE NECESSARY
4. All entries become the property of the Company and will not be acknowledged or returned. Entries received that are mutilated, tampered with, illegible, incomplete or from ineligible entrants may be disqualified in Company’s sole discretion. Entries that are determined to be fraudulent will be void, and the person making such an entry or suspected of fraud or tampering with any contest may be barred from further participation in that contest and, in Company’s sole discretion on a case by case basis, banned from any future participation in any Company contest.
5. One or more contests may be announced from time to time. Company may run more than one contest simultaneously, but entries will only be solicited for one contest at a time.
6. Depending on the contest, the Company will announce the timing of the required method of entry/winning. All references in this Section 6 to an “announcement” or to any information to be “announced” may be announced on the Company website and/or via email, sms, internet posts, blog posts, text message, instant message, social network posts, on-site, and/or via point of purchase displays, materials or handouts. The following apply to the applicable entry/winning methods designated:
a. For mail-in contests: Entries must be received at the announced address by the announced deadline. Entries will only be accepted by U.S. mail. Only one entry per envelope is permitted (additional entries within the same envelope will be disregarded). If the mail-in contest requires the use of an official entry form, only official entry blanks that are handwritten are eligible and official contest entry blanks are only available while supplies last at each participating distribution location.
b. For on-site entry box contests: Entries must be deposited in the official entry box by the announced deadline. Only official entry blanks that are handwritten are eligible (no mechanical reproductions will be accepted). Official contest entry blanks are only available at the location of the official entry box, while supplies last.
c. For internet based entries (whether via email, social networks, or online submissions):
i. Entrants will be asked to go to the Company website (whether the Company’s main website at WWW.BOSTONBODYWORKER.COM, the Company’s social networking page (for example, Facebook), or an alternative website that can be accessed directly or as a link through WWW.BOSTONBODYWORKER.COM which alternative website is hereinafter referred to as a “MicroSite”) (collectively, a “Website”) on particular days and times to enter a contest, as announced. Criteria for winning and/or conditions for entry will be announced by Company, which may include, without limitation, one or more of the following types of modes of entry/winning: (a) answering survey questions, (b) correctly answering trivia questions, (c) making predictions or guesses with respect to certain upcoming events, (d) submitting essays (of specified lengths), photos, videos or audio, (e) “liking” or taking similar action with respect to a Station social networking page in order to access an entry form or to be automatically entered into a contest, or (f) simply completing entry forms with contact information.
ii. Contests may require that entrants be a member of (or “like”) the Company’s email database, social networking page or texting club in order to enter. In addition, entrants may be provided with an opportunity to opt-in for membership/participation as part of the entry process or, in the alternative, may be required to become a member/participate in clubs of (for example, email clubs, text clubs, and rewards programs) or to receive solicitations from Company and/or its contest sponsors.
iii. When entry requires membership in the Company’s email database (the “Club”): (in addition to the other relevant provisions set forth in these rules): Membership is free. The Club is an internet club that will entitle members to, among other things, receive information from Company and its partners, enter contests, participate in surveys and enjoy many other opportunities. To join the Club go to WWW.BOSTONBODYWORKER.COM and enter your email address in the Newsletter Signup entry box. In the event of a dispute regarding the identity of a member, the holder of the registered e-mail account will be deemed the person who submitted the membership. The holder of the e-mail account is the natural person who is assigned the e-mail address by an Internet access provider, online service provider, or other organization that is responsible for assigning e-mail addresses for the second level domain associated with the e-mail address in question. Limit one membership per e-mail address. Members are required to provide truthful information when completing Club membership registration form. If a Member cancels his/her membership during any contest in which such Member is entered (or was automatically entered), such Member may no longer be eligible to win a prize in such contest, in Company’s sole discretion. Contest entry for Club members may be by one of the following means: (i) Members are automatically entered in contests from time to time; (ii) Members may be required to complete a specific on-line entry blank for particular contests; (iii) Redemption of Club points (if available), which have no cash value, for an opportunity to enter selected contests; or (iv) Other means of entry as may be announced from time to time.
iv. When entry requires membership to, or registration with, a third party social network (e.g., Facebook or Twitter) (such person “Users”): In the event of a dispute regarding the identity of a User, a person who can demonstrate the ability to log into the applicable account with the correct user name and password will be deemed the User who submitted the entry. Users acknowledge that the third party social network sites (“Social Network Sites”) are not affiliated with the Company and, therefore, Company cannot control certain factors relating to such sites, including, without limitation, errors, cancellation of User accounts or technical malfunctions associated with any Social Network Site that may affect any entrant’s ability to enter, win, view, be advised of, be eligible for or be properly considered in a particular Company contest. Contest entry via Social Network Sites may be by one of the following means: (i) Users may be automatically entered in contests from time to time (e.g., all Followers of the applicable Company Twitter account or all Friends or Fan, or people who Like a page or such other terminology used from time to time (as applicable) of the Company’s page on Facebook); (ii) User may be required to email the Company, visit the Company’s website to enter; (iii) User may be required to post a comment or take other action to be entered (e.g., changing the User’s profile picture) with respect to User’s Social Network Site account; or (iv) other means of entry as announced by Company. With respect to the Company Facebook page, Company has no obligation whatsoever to “accept” (and reserves the right to freely reject, in its sole discretion in each specific instance) any particular Friend request and any such rejection by Company of a Friend request shall render the requestor ineligible to enter and/or win any contests that require being a “Friend” in order to participate. Certain contests administered through the Company Facebook page may require that an entrant “like” the Company page in order to access an entry form or to be automatically entered into certain Company contests. By entering Company contests via a third party social network site, you are authorizing Company to access, utilize and/or pre-load applicable portions of your social network site information (i.e. Facebook profile) into the entry form (although clicking on a separate button may be required to access this function, for example clicking on a “Facebook Login” button). Company reserves the right, at any time and for any reason or for no reason, to disassociate any person from its social media network page/following by any means then technically available to it (for example, “blocking” a Fan from liking the Company’s Facebook page). Social networking site operators (including, without limitation, Facebook) are in no way a sponsor, endorser or administrator of Company contests and are not affiliated with Company or its contests in any manner. Entry information provided in Company contests through social networking sites is being provided to Company, not the associated social networking site operator (for example, Facebook). Some Company Facebook page contests may allow entrants to obtain “extra” entries if they “share” their entry with a friend and that friend validly enters that contest using the link provided by the entrant, provided that (i) the total number of “extra” entries can be capped at a maximum number of “extra” entries, as announced by Company, and (ii) if that friend previously entered that contest through a link from another entrant, his/her attempt to enter the contest through subsequent shared links may not constitute a “valid” entry (in which case, subsequent entrants will not get “extra” entries for that particular friend).
e. For text message based contests: In case of an identity dispute, the registered user of the text message account on the date of entry will be the recognized user. Participants acknowledge that messages are distributed via third party mobile network providers and, therefore, Company cannot control certain factors relating to message delivery. Participants acknowledge that, depending on the recipient’s mobile provider service, it may not be possible to transmit the message to the recipient successfully. Company does not claim or guarantee availability or performance of this service, including liability for transmission delays or message failures. Company does not charge a fee for this service. It is each Participant’s responsibility to check with their individual carrier, as other charges may apply. BE ADVISED THAT IN SOME CASES, TEXTS TO THE COMPANY WILL RESULT IN ONE OR MORE AUTOMATIC BOUNCE BACK MESSAGES, FOR WHICH PARTICIPANTS MAY INCUR A FEE FROM THEIR PROVIDER. Company assumes no responsibility for charges incurred for text-messaging, including, without limitation, as a result of any bounce back messages or contest notices from the Company. For texting contests, entrants will be asked to text specific information (as announced by Company) to a designated telephone line (the phone number will be given in the announcement) at a particular time or times. At the time that texts are solicited, the criteria for winning will be announced (e.g., first text message received with the correct answer). Only those text messages to the specific shortcode provided, at the time texting is solicited, shall be eligible to win. Texting to the main Company phone number, other Company shortcodes or any other phone number are not eligible. Winners will be selected in accordance with the criteria announced when text messages are solicited. If the Company receives less than the requested number of text messages (e.g., only 9 text messages when the Company is looking for the 10th texter to win) within a reasonable period of time (as determined by Company), Company reserves the right to re-conduct that contest at a later time or cancel that winning opportunity and not award the associated prize.
f. Codeword/Keywords: Any Company contest may require an entrant to obtain a specific code, codeword, keyword, phrase or other unique identifier (“Codeword”) and to provide the correct Codeword in order to enter the contest (regardless of the mode of entry). Codewords may be obtained on a Company or third party website, on Company or third party social networking sites (which might also require that a potential entrant “like” a page to access the Codeword), via a text or email or any other source or combination of sources as may be announced by Company in connection with that contest.
7. Company is not responsible for the failure of any third party sponsor/location to make entry blanks, code words, posters, game cards, etc. (“Contest Materials”) available.
8. For any contest that requires entrants to answer questions, submit materials or perform in some other manner (for example, answer a trivia question, etc…), the decision of the Company will be final as to all matters, including, without limitation, (i) the order in which emails, texts or entries were received and (ii) whether any answer required to be given is correct or the “best” or most desirable (based on any lawful criteria Company deems desirable).
9. For contests requiring notification to entrants, qualifiers, finalists or winners, if the Company did not have actual contact (in person or telephonic or by email) in which the necessary information was communicated, then Company will only be required to leave one telephone message, send one text or send one email to the number or email address provided in the entry form or provided at the time that the Company collected the winner’s information (by phone, electronically or in person). If no answer or answering machine is reached, Company will not be obligated to attempt any further contact. For social network contests, Company may elect to only contact the winner via the social network account (or, in the alternative, using any other contact information provided to Company in connection with the entry). If the entry provided a telephone number or email address, the Company may contact the winner via phone or email. However, Company reserves the right, in its sole discretion, to attempt to contact any qualifier/entrant/finalist/winner more than once and shall not be required to attempt to contact all qualifiers/entrants/finalists/winners an equal number of times or in the same communication manner. If no telephone number or email address was provided and the Company has an address, the Company may elect to send one written notification letter by first class mail, time permitting.
10. In certain contests, qualifying winners may also be automatically entered into a random grand prize drawing or other grand prize winner determination, as announced. In such event, the location, date and/or time of such grand prize drawing/event will be announced by Company. The location of such drawing may be at the Company’s office or may be at a location to be announced.
11. With respect to any internet-based portion of a contest (including, without limitation, entries, voting, viewing web pages, viewing video or audio content, viewing voting tallies, etc….), there may be delays in updates for the purpose of caching in order to maintain the efficient functionality of the web server in times of excess load. As a result, updates may not be available in real time and may be delayed until such time as Company is prepared for the next cache refresh. The frequency and duration of any such delay will be in Company’s sole discretion on a case by case basis.
12. Use of robotic, mechanical or other forms of pre-programmed internet, texting or phone call visit, voting or entry methods is NOT prohibited. Notwithstanding the foregoing, Company reserves the right (in its sole discretion), from time to time, to implement entry/voting processes that may frustrate or prohibit automated entry or voting (including, without limitation, CAPTCHA, requiring Club membership log ins or contest/voting registrations, advance email address verification procedures, limiting the number of entries/votes/web hits accepted/counted after a maximum number within a specified period of time as established by Company (which numerical/time limits Company may decide not to disclose), and/or prohibit any further entries, votes or web traffic from a particular IP address during a particular contest, period of time or permanently). Before or during any contest, Company reserves the right to install and access cookies, alone or along with other methods, to track web site traffic, entry and/or voting frequency, and/or to detect or prohibit automated methods of voting, entry or website visits.
13. In no event will any “deal-making” in connection with a contest between participants or third parties be permitted.
14. Contestants may not violate any federal, state or local laws and may not harm or endanger themselves or other persons or property in connection with a contest. If Company deems that a contestant, participant or any winner may have created a public hazard, cheated, engaged in improper or illegal activity, caused interference with or destruction of property and/or utilized public safety resources, such contestant / winner may be disqualified in Company’s sole discretion.
15. Notwithstanding anything to the contrary in these rules, Company cannot guarantee that it will be able to view all entries and/or required entry submissions (essays, photos, videos, etc…) submitted from a technical perspective, even if sent in the appropriate formats required. In the event that Company is not able to view any entry or entry materials submitted for any technical reason whatsoever, that entry may be disqualified (without notice to the entrant) and Company will have no liability or obligation to such entrant with respect to the disqualified entry.
16. Company reserves the right to (but not the obligation) to post some or all entry information and/or materials on the Company’s website or social networking sites, in whole or in an edited form (in Company’s discretion), as a “featured” entry. Having your entry posted and/or “featured” does NOT mean that the entrant has won or is likely to win in that contest. The decision to post or “feature” any such entries is for entertainment purposes only and is not part of the winner selection process in the contest.
20. Notwithstanding anything to the contrary herein, no person will be entitled to receive any prize until after their eligibility has been confirmed or accepted by Company and all required paperwork (including, without limitation, liability release agreements) have been completed by the pending winner within the required deadlines.
21. All prizes awarded must be picked up at the Company’s office at 575 Boylston Street, 2nd Floor, Boston, MA 02116. During normal business hours of 8:00 a.m. to 8:00 p.m. Monday through Friday, unless otherwise specifically directed by Company. Prizes will not be mailed, unless otherwise determined by the Company.
22. Prizes not claimed within thirty (30) business days of being advised by Company that the prize is available for pick-up, or in the case of a time sensitive prize, within its period of usability if shorter than 30 business days, shall be considered forfeited (without notice to the winner) and will become property of Company. Such prize may be disposed of at the discretion of Company Management.
23. Prizes will be released to winners only. Winners may be required to present a valid United States state or federal photo ID and valid social security number in order to pick up any prize. Winners may be required, in Company’s sole discretion, to sign one or more liability release agreements relieving the Company, its parents, subsidiaries, officers, directors, members, managers, employees, agents, contest sponsors and others from any and all liability with respect to the contestant’s participation in the contest and the receipt and/or use of the prize. Any person who refuses to sign the Release and/or provide a social security number or complete or provide any other documents required by the Company by the deadline required by Company will forfeit any and all prizes.
24. Company reserves the right to substitute a prize of equal or greater value for all contests and giveaways. Non-cash prizes are not redeemable for cash. No transfer or assignment of prizes is allowed, except as may be determined by Station in its sole and absolute discretion on a case by case basis.
25. Winners are responsible for paying all applicable local, county, state and federal taxes on prizes based on the estimated retail value of the prize, as set forth in the contest rules, and may be issued an IRS 1099 form for all prizes won from Company where the aggregate value of all prizes is $600 or more in any calendar year.
26. Specific restrictions regarding awarded prizes will be provided, if applicable, to the winner. Unless restrictions delivered to a specific winner differ from the following, the following will apply generally to prizes awarded in Company contests:
(a) Any prize involving air travel will include only round-trip, coach-class air transportation from a commercial airport in the greater metropolitan area that the Company is located in. Winner is responsible for pre-payment of any taxes or airport, baggage or government fees or charges.
(b) Any prize involving overnight accommodations will include only one room, double occupancy, room only. Incidental expenses, taxes and ground transportation is not included. Winners may be required to provide a valid credit card to check into the hotel and to cover incidental expenses.
(c) Any prize involving travel (overnight accommodations, flight, motor coach, and/or rail etc…) may require that the winner and/or the winner’s guest(s) be over 18 or over 21. Guests may be required to sign one or more liability release agreements before being authorized by Company or its sponsor to be allowed to participate as winner’s guest on a trip.
(d) Any prize involving travel is based on availability and subject to additional restrictions including blackouts, peak period restrictions and expiration dates imposed by Company, sponsors and/or agents participating in the contest. These restrictions are not subject to negotiation. In addition, such winners/guests are solely responsible for obtaining any international travel documents, visas or passports required. Reservations are non-transferable and once booked and confirmed may not be re-scheduled. Winner and guests are required to travel on the same itinerary and changes may not be made once booked.
(e) With respect to travel, event tickets and/or events of any kind, Company and sponsors are not responsible for replacing or reimbursing winners with any form of compensation for flights or events that are canceled, rescheduled or delayed. All cancellations are deemed beyond the control of Company and its sponsors. This includes, but is not limited to, event cancellations, trip schedule changes, flight cancellations, changes in travel arrangements, travel delays of any form and duration, as well as all delays or cancellations due to acts of nature, terrorism (including threats), illness or war. Additionally, Company is not responsible for any work stoppage, bankruptcy or other condition beyond Company’s control that may affect Company’s ability to provide any of the prizes. Company is not responsible for any expenses incurred by contest winners as a result of such cancellations, delays or other circumstances beyond Company’s control.
(f) Any prize that provides an opportunity to meet with, participate in an activity with, interview or have similar interaction with any celebrity (other than employees of Company) is contingent upon the celebrity appearing for such activity/event, which is beyond the Company’s control. Company is not responsible if a winner and/or his/her guests are unable to meet such celebrity or participate in the associated activity if the celebrity determines this is not allowable for any reason or fails to appear/participate for any reason. In the event of illness, act of god, scheduling conflict or any other reason, Company is not responsible for this portion of the prize, which has no monetary value, and no alternate prize will be awarded and the event/activity will not be rescheduled. In the event that Company elects (in its sole discretion) to attempt to reschedule any such event/activity or offer an alternative prize, Company shall have no obligation whatsoever to offer any other alternate prize if such attempt to reschedule or other offer is not accepted by or utilized by winner for any reason whatsoever.
(g) Any prize that is awarded in the form of a gift certificate may have an expiration date and use of such certificate may be based on availability and include black-out periods, restrictions or excluded items (for example, tax, tips, alcoholic beverage, or goods from a particular manufacturer). Gift certificates are only redeemable at the locations for which they are specified.
(h) Any prize involving the award of cash will be paid in the form of a company check, payable only to the winner and no other person. Checks will be ready for pick-up within 60 business days after winning.
(i) In all instances in which winner has the right to select specific products, the choice or products offered may be limited by the Sponsor or certain specific products or manufacturers may be excluded. Winner will receive more information on such restrictions and limitations after they have been awarded the prize.
27. Odds of winning depend on the how the contest is conducted. For random drawings, the odds of winning will depend upon number of entries received. For contests in which winners are qualified for a grand prize drawing, odds will depend on the total number of qualifiers.
28. All tie breaking procedures will be announced on-air, posted on Company’s website, and/or communicated in writing or by email to tied contest participants.
30. In the event that any winner, qualifier or finalist is disqualified in a contest for any reason permitted by the applicable contest rules at any point in time (before or after a winner is determined), Company shall NOT be obligated to select an alternative winner/qualifier/finalist and may instead elect to retain any associated prize(s) as its own property and/or dispose of any such prize(s) in any way it sees fit outside of (or within) the scope of the contest. In the event that any entrant or entry is disqualified or any prize is forfeited in accordance with the applicable contest rules, Company and sponsors have no obligation whatsoever to notify any such entrant of any such disqualification or forfeiture.
31. Inquiries by contestants or potential contestants to any employee of the Company (whether in person, by email, or by telephone) regarding the status of their entry or questions about a Contest may or may not be responded to and Company is not obligated to respond or treat to all inquiries identically (even if the question is identical). Time considerations and/or volume, among other things, may impact a Company’s desire or ability to respond to such inquiries from time to time. Notwithstanding anything communicated by any Company employee in connection with any such inquiry, such information shall not be binding on Company (the sole determining information related to this Contest is as set forth in the applicable contest rules) and shall not be deemed to be providing any type of improper assistance or advantage to any particular contestant over another. Any attempt by Company to respond to an inquiry will be in the context of providing good customer service only and, in some instances, to address technical issues/problems.
32. Company Management shall be the sole arbiters in all matters relating to the contest and in the interpretation of contest rules. Their decisions shall be final. Entry into the contests constitutes agreement by contestants to abide by these rules, as well as any other rules established by Company.
33. By participating in a Company contest, entrants hereby agree and each entrant hereby remises, releases and forever discharges and agrees to indemnify and hold harmless Company, its affiliates, parents, assigns, successors, employees, sponsors, agents and all others connected with them and the promotion, contest, and/or event from any and all liability, claims, actions, and damages sustained or incurred by participation in the said promotion, contest, and/or event and the receipt and use of any prize(s) awarded (if any) through such promotion, contest, and/or event arising in any manner whatsoever, including but not limited to an act or omission, whether negligent, intentional or otherwise caused by Company, its affiliates, parents, assigns, successors, employees, sponsors, agents and all others connected with them and the promotion, contest, and/or event. In the event that the associated contest is administered by Company (in whole or in part) via a Facebook page, entrants understand and agree that the foregoing liability release and indemnification in this Section 34 shall also include the release and indemnification of Facebook by entrant in the same manner in which Company is released and indemnified.
34. By entering a Company contest, entrants understand that Company staff may choose to comment on, mock, poke fun at, and/or mimic any entrant’s entry and/or performance. Entrants waive any right to make any claim against Company or any contest sponsors with respect to any comments – disparaging or otherwise – made regarding such entrant and/or his/her entry, entry materials, performance, voice, appearance, participation and/or any other information provided or disclosed to Company during the course of a contest.
35. By participating in a Company contest, entrants hereby consent to the Company and contest sponsors’ usage of any one or more of the following for any other advertising and promotional purpose in any medium whatsoever without payment of any additional consideration: contestant’s name; voice; likeness; biographical information; his/her participation in the contest; and the substance of the contestant’s telephone call, entry form, essays, songs, videos, photos or any other contest submissions. By entering or participating in any Company contest, entrants understand and agree that Company may take photographs and/or videotape and/or audiotape any entrants participation, appearance and/or performance in connection with any Company contest (before, during or after the contest) and that Company will own any such photos, audio and/or video and shall be free to utilize such materials in any way it sees fit during or after the contest with no compensation to the entrants, including without limitation posting any such photographs, audio and/or videos on its website.
36. Company and its sponsors are not responsible for any technical difficulties, technical malfunctions or errors (whether technical or typographical) experienced due to overload, busy signals, loss of phone service, internet availability, electronic problems, interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), website (including, without limitation, third party websites and social networking sites), telephone or other connections, availability or accessibility, or miscommunications, or failed computer, satellite, telephone or cable transmissions, or lines, or technical failure or jumbled, garbled, corrupted, scrambled, delayed, or misdirected transmissions, or computer hardware or software or telephone malfunctions, failures, or technical errors or difficulties, any error, omission, interruption, deletion, defect or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or tampering with or hacking of any of the websites, computer virus, bug, complications or server performance suspected to be caused by automated entry, voting or web traffic, or other errors or corruptions of any kind whether human, mechanical, electronic or network or the incorrect or inaccurate capture of information or the failure to capture, or loss of, any such information or any other factor that may prevent an individual from completing or Company from receiving (accurately or otherwise) a phone call, an email, accessing any website (including the Company’s or any third party website), or for any problem associated with the Company website or voting website or software, internet, telephone connections, servers, routers, or any other technical problem that may impact entry, participation, voting or prize claim in any way, regardless of the cause, including, without limitation, any injury or damage to any person’s computer, equipment, property, software or network related to or resulting from participating in a Company contest or visiting its website (whether as an entrant, visitor or voter). Company and its sponsors assume no responsibility for any incorrect or inaccurate information, whether caused by website users, or by any equipment or programming associated with or utilized in a Company Contest. Company is not responsible for any printing errors or typographical errors. If, for any reason, in the sole opinion of Company, any contest is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, hacking, unauthorized intervention, fraud, technical failures, technical slow-downs, or any other causes, whether discovered or suspected by Company, which, in sole opinion of the Company, does or could corrupt or affect the administration, security, fairness, integrity or proper conduct of a Contest, Company reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the affected contests and/or the voting portion of any Contests with or without selecting qualifiers, finalists or winners, and/or provide alternative means of entry or voting or any other changes to these contest rules that Company deems appropriate under the circumstances In the event of termination, suspension or modification of a contest, a notice will be posted online.
39. Complete contest rules are available at the Company office at 575 Boylston Street, 2nd Floor, Boston, MA 02116.
40. Company contests are subject to all applicable laws and regulations and are void where prohibited.
41. Company reserves the right to: (i) terminate or declare any Contest null and void and rescind any prize, if in its sole judgment, the rules or the integrity of the Contest have been violated or compromised in any way, intentionally or unintentionally by any person whether or not a participant in the Contest; (ii) alter or amend these Contest rules at any time; and (iii) stop or conclude the Contest at any time without prior notice.
42. Winner’s List: For a list of winners mail a self-addressed stamped envelope to the Company address identifying the name of the particular contest that you would like to receive a winner’s list for. The Company address is 575 Boylston Street, 2nd Floor, Boston, MA 02116. All requests for winner lists must be mailed and received by the Company after the contest is over but prior to 4 months after the contest has been concluded.
43. These are general contest rules, and rules for individual contests may vary. To the extent that any specific contest rules differ from these rules, the specific contest rules will govern and control.