1. This World Wide Web site with its home page in the domain ‘https://www.europhoria.com‘, hereinafter referred to as the Website, is an information service provided by EUROPHORIA Medical and Personal Spa at no charge to users of the World Wide Web, with the express condition that these users agree to be bound by the terms and conditions set forth in this Terms of Use Agreement. EUROPHORIA Medical and Personal Spa reserves the right to change these terms and conditions at any time, and you agree to abide by the most recent version of this Terms of Use Agreement each time you view and use the Website. You are accordingly advised to consult the Terms of Use Agreement each time you view and use the Website. Do not use the Website if you do not agree to all of the following terms and conditions.
2. You acknowledge that the information on the Website is provided ‘as is’ for general information only. It is not intended to provide medical advice, and should not be relied upon as a substitute for consultations with qualified health professionals who are familiar with your individual medical needs. EUROPHORIA Medical and Personal Spa makes no warranties of any kind regarding this Website, including but not limited to any warranty of accuracy, completeness, currency, reliability, merchantability or fitness for a particular purpose, or any warranty that these pages, or the computer server which makes them available, are free of viruses or other harmful elements, and such warranties are expressly disclaimed.
3. You agree that you will hold harmless EUROPHORIA Medical and Personal Spa and its shareholders, officers, directors, and employees from all claims arising out of or related to your access or use of, or your inability to access or use, this Website or the information contained in this Website or other websites to which it is linked, including but not limited to claims that you have found something you have heard, viewed or downloaded from this Website or any other website to which it is linked to be obscene, offensive, defamatory, or infringing upon your intellectual property rights. In no event will EUROPHORIA Medical and Personal Spa or any of the information contributors to the Website be liable to you or anyone else for any decision made or action taken by you in reliance on such information or for any consequential, special or similar damages, even if EUROPHORIA Medical and Personal Spa has been advised of the possibility of such damages.
4. You acknowledge that the opinions and recommendations contained in this Website are not necessarily those of EUROPHORIA Medical and Personal Spa nor are they endorsed by Studio 3 Marketing.
5. EUROPHORIA Medical and Personal Spa may provide links on the Website to other websites which are not under the control of EUROPHORIA Medical and Personal Spa. In general, any website which has an address (or URL) not containing https://www.europhoria.com is such a website. These links are provided for convenience or reference only and are not intended as an endorsement by EUROPHORIA Medical and Personal Spa of the organization or individual operating the website or a warranty of any type regarding the website or the information on the website.
6. You may provide hypertext links to this Website on another website, provided that: (a) the link be a text-only link clearly marked ‘Studio 3 Marketing Site’, (b) the link must ‘point’ to the URL ‘https://www.europhoria.com‘ and not to other pages within the Website, (c) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with EUROPHORIA Medical and Personal Spa‘s name and trademarks, (d) the appearance, position and other aspects of the link may not create the false appearance that an entity other than EUROPHORIA Medical and Personal Spa is associated with or sponsored by EUROPHORIA Medical and Personal Spa, (e) the link, when activated by a user, must display this Website full-screen and not within a ‘frame’ on the linked website, and (f) EUROPHORIA Medical and Personal Spa reserves the right to revoke its consent to any link at any time at its sole discretion by amending this Terms of Use Agreement. You agree that any other hypertext links to this Website must be approved in writing by EUROPHORIA Medical and Personal Spa.
7. The works of authorship contained in this Website, including but not limited to all design, text and images, are owned or licensed by EUROPHORIA Medical and Personal Spa and Studio 3 Marketing, hereinafter referred to as Studio 3 Marketing, or its suppliers and contributors, and may not be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored by subsequent use or otherwise used in whole or in part in any manner without EUROPHORIA Medical and Personal Spa‘s prior written consent, except that the user may make such temporary copies in a single computer’s RAM and hard drive as is necessary to browse the Website, and that the user may produce one permanent printout of each page of the Website (unmodified in form, with a copy of this Terms of Use Agreement attached) to be used by the user for personal and non-commercial uses which do not harm the reputation of EUROPHORIA Medical and Personal Spa or Studio 3 Marketing
8. This Website (excluding linked sites) is controlled by Studio 3 Marketing which is headquartered in the State of New York, in the United States of America. It may be accessed from all 50 states, as well as from other countries around the world. Because each of these places has laws that may differ from those of New York, by accessing this Website you agree that the statutes and laws of the State of New York, without regard to conflicts of law principles thereof, will apply to all matters arising from or relating to the use of this Website. You also agree and hereby submit to the exclusive legal jurisdiction and venues of the Courts of Nassau County, New York and the United States District Court for the Southern District of New York with respect to such matters. EUROPHORIA Medical and Personal Spa and Studio 3 Marketing. make no representation that materials on the Website are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is hereby prohibited. Individuals or organizations choosing to access this Website from other locations do so of their own initiative and are responsible for compliance with local laws.
9. Studio 3 Marketing, its logo, nameplates are trademarks of Studio 3 Marketing and are protected by international laws and treaty provisions.
10. All text and electronic images on this Website are copyrighted materials which are either registered copyrights, unregistered common law copyrights, registered trademarks or salesmarks of EUROPHORIA Medical and Personal Spa or Studio 3 Marketing, its suppliers or contributors. Any attempt to infringe upon or to circumvent these copyrights or trademarks will subject the infringing individual or organization to severe criminal and civil penalties as prescribed by law.
Official Giveaway Sweepstakes Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THE SWEEPSTAKES.
Eligibility. The sweepstakes is open only to legal residents of the United States residing in Kern County who are at least 18 years of age and is void where prohibited by law. EuroPro, Inc. and EuroPhoria Medical, Inc. (dba EuroTan, EuroTan Spa, Club Tan and EuroPhoria Medical and Personal Spa) (collectively, “Sponsor”), and their respective employees and immediate family members of employees are not eligible. Winners will be determined by random drawing from all eligible entries received. If an entrant is found to be ineligible, or if he/she does not comply with the Official Rules, then such entrant will be disqualified.
Sweepstakes Period. The sweepstakes begins and ends on the dates and at the times stated in the Instagram or Facebook post announcing the sweepstakes (the “Post”), award of the prize by Sponsor will be made in person, and the winner will be announced live on Instagram on the date stated in the Post.
Odds, Prize. Subject to verification, three to five entrants will be randomly selected as finalists to receive the prize stated in the Post. Odds of winning depend on the number of eligible entries received. The Sponsor will notify the finalists via Direct Message to provide written verification of qualifications. The winner will be randomly selected from the group of finalists. If a finalist does not reply to the Sponsor’s Direct Message before time given, or is not present on instagram live when Sponsor gives the award of the prize, his/her entry will be void and the prize will be a awarded by random selection to one of the other finalists. By entering, you hereby consent to be contacted by the Sponsor for administration of this sweepstakes, consent to being filmed live during award of the prize, and consent to publication by Sponsor on Instagram or other social media platform of award of the prize. No substitution, cash redemption or transfer of prizes is permitted. All service/treatment prizes will be performed at one of Sponsor’s locations in Bakersfield, California. Winner is responsible for transportation to and from Sponsor’s location at winner’s expense.
Medical Clearance. If the prize is a treatment administered by a licensed medical professional, receipt of the prize is contingent on (a) the potential winner being examined and cleared for the treatment by one of the physicians, physician assistants or nurse practitioners associated with Europhoria Medical, Inc., and (b) the potential winner executing Sponsor’s forms associated with the treatment (for example, disclosure, consent and release forms). If the potential winner is not cleared for the treatment or does not sign the forms, the potential winner will be disqualified. Winner agrees to follow all written regulations listed on the medical treatment consent form.
Dates of Service. The prize will expire one year from the date the winner is announced, and all services/treatments awarded to a winner though the Sweepstakes must be used by the winner within one year from the date the winner of the prize is announced.
Publicity. Acceptance of a prize constitutes permission for the Sponsor to use winners’ names, voices and/or likenesses for purposes of advertising and publicity in all media now known or hereinafter invented without territorial or time limitations and without additional compensation or notice, unless prohibited by law. Each winner will be required to execute a Media Consent form.
Release and Waiver. By entering, each entrant agrees: (a) to be bound by these Official Rules and any other documents required by Sponsor herein, and to waive any right to claim ambiguity in this Sweepstakes, the Official Rules, or any other documents required by Sponsor herein; (b) to indemnify, defend, and hold harmless the Sponsor and its officers, directors, employees, representatives, and agents (collectively, the “Released Parties”), from and against any and all liability, claims, losses, damages, demands, causes of action, penalties, and expenses arising out of or related to any statement, action, or failure to act by entrant during or in connection with his/her participation herein and/or any breach or alleged breach of these Official Rules or of any other documents required by Sponsor and; (c) not to sue and to hereby irrevocably and unconditionally release, waive, and forever discharge the Released Parties from any and all liabilities, claims, and demands of any kind or nature whatsoever, in law or equity, whether known or unknown, which entrant (or entrant’s successors-in-interest, heirs and/or agents) ever had, now have, or in the future may have against the Released Parties, including, but not limited to claims arising out of or related to personal injury and/or damage, loss, or any other harm resulting in whole or in part, directly or indirectly, from (i) participation in the Sweepstakes or any Sweepstakes related activity; (ii) the acceptance, misuse, or use of the prizes; (iii) the use of any of the rights granted herein (including, without limitation, the use and exploitation of the entrant’s name, statements, voice, photograph, and/or other likeness); (iv) any error in the collection or retention of entry information, and (v) any typographical or other error in the printing, offering, or announcement of any prize.
Compliance with Policies. Sponsor has the right, at its sole discretion, to disqualify and remove the winner from any Sponsor location at any time without compensation, and to refuse service and void the award of the prize if winner’s behavior at any point is uncooperative, disruptive, or may or does cause damage to person, property, or otherwise violates the policies of Sponsor. Winner agrees to comply with all of Sponsor’s policies, rules and regulations then in effect. Inappropriate behavior at Sponsor’s locations will not be tolerated in any manner, including but not limited to loud, boisterous or obscene language or gestures, offensive language, abusive language, lewd conduct, harassment, conduct that would be deemed bothersome by Sponsor’s management, as well as any conduct that may endanger the best interests of the Sponsor’s facility, its employees, members, or guests.
Limitations of Liability. The Sponsor is not responsible for lost, late, stolen, misdirected, undeliverable, or incomplete entries due to system errors or failures or faulty transmissions or other telecommunications malfunctions; and/or entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, or garbled computer or telephone transmissions, typographical or system/human errors and failures, or faulty transmissions, or for any problems or technical malfunction(s) of any telephone network or lines, cable connections, or satellite transmissions, computer online systems, servers or providers, computer equipment, or entries not received by Sponsor on account of technical problems or traffic congestion on the Internet or at a website, or any combination thereof, including other telecommunication, cable, digital, or satellite malfunctions which may limit an entrant’s ability to participate. The Sponsor is also not responsible for any malfunction of the website or error in the collection, processing, or retention of entry information.
Termination/Suspension/Modification of Sweepstakes. If for any reason a Sweepstakes is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, or any other causes beyond the reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity, fulfillment, or proper conduct of the Sweepstakes, the Sponsor reserves the right at its sole discretion to terminate, modify, or suspend the Sweepstakes and to select the winner by conducting a random drawing from those eligible entries received up to the time of the termination/suspension. Sponsor may also disqualify or prohibit an entrant from participating in the Sweepstakes or winning a prize in this or any other promotion conducted by Sponsor if, at its sole discretion, it determines that said entrant has violated the Official Rules or has threatened or is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick-entry programs), or intending to annoy, abuse, threaten, or harass any other entrants or Sponsor.
Disputes. Entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes or any prize awarded shall be resolved the appropriate Federal or state courts located in the county of Kern, California; (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, 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, indirect, punitive, incidental, and consequential damages and any other damages and any and all rights to have damages multiplied or otherwise increased, other than for actual out-of-pocket expenses. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, 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 (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
Winners. The name of the winner in each Sweepstakes will be posted on Instagram or Facebook or other social media platform where the Sweepstakes was posted on the date stated in the original Post.
Instagram/Facebook. The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram or Facebook. By participating in the Sweepstakes, entrants agree to release, discharge and hold harmless Instagram and Facebook from and against any and all liability, loss, injuries or damages arising from participation in the Sweepstakes or any prize awarded.
