"A Dash of Diamonds and a Pinch of Pearls" Sweepstakes Rules
THE FOLLOWING PROMOTION IS INTENDED FOR LEGAL RESIDENTS IN THE 50 UNITED STATES AND D.C. ONLY (EXCLUDING, WITHOUT LIMITATION, ALL US EXTERNAL COMMENWEALTHS AND TERRITORIES), WHO ARE THE AGE OF MAJORITY IN THEIR STATE OF RESIDENCE AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW AND AMERICAN ENGLISH. INTERNET ACCESS AND EMAIL ADDRESS REQUIRED.
Official Rules — Ross-Simons "A Dash of Diamonds and a Pinch of Pearls" Sweepstakes (the "Sweepstakes")
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING A PRIZE.
- 1 The “Sweepstakes Period” is from 12:00:01 am Eastern Time (ET), March 26, 2014 ("Sweepstakes-Start") to 11:55:59 pm ET, May 21, 2014 ("Sweepstakes-End"). Sponsor’s computer clock governs time for website entries.
- Eligibility:This Sweepstakes is open only to legal residents residing in the 50 United States and D.C., who are at least the age of majority in their state of residence and who had Internet access prior to the start of this Sweepstakes. Void in all US possessions, territories and external commonwealths. Employees, officers, directors, agents, representatives and their immediate families or members of household (spouse, parents, children (including step children), siblings, and each of their spouses regardless where they live) or members of household of Ross-Simons (“Sponsor”), TCC Cooking Co. d/b/a Cooking.com, Calphalon Store (Prize Provider”) and TACO, LLC d/b/a THE MARKETING AGENCY (“Administrator”), their respective parent companies, subsidiaries, advertising, design, web design, web hosting and production agencies (the “Sweepstakes Entities”) and anyone connected with the production or distribution of this Sweepstakes are not eligible to enter or be awarded a prize.
- How to Enter: This Sweepstakes is entered only on the Internet.Individuals who have access to the World Wide Web on the Internet and are the authorized users of an Internet email address may enter during the Sweepstakes Period. Complete the entry form found by going to ross-simons.com/sweeps on the internet or by completing a pop-up box that will appear from time to time on ross-simons.com during the sweepstakes persiod. You will receive one (1) entry. LIMIT ONE ENTRY PER PERSON OR EMAIL ADDRESS DURING THE SWEEPSTAKES PERIOD. You will be asked for your first name, last name, ZIP Code and a working, valid email address for which you are the authorized email user. An “Authorized email user” is defined as the natural person who is assigned an email address by an Internet mail provider, Internet access provider, online service provider, online email provider or an organization (e.g. business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the email address. In the case of a dispute regarding who submitted a particular entry, the entry will be deemed submitted by the authorized account holder of the email account. Online entries must be made by an individual from a stand-alone computer device and may not be made by proxy or any electronic/automated means such as, without limitation, script, bot, macro or any other similar software or program. You may not enter with multiple email addresses and/or multiple identities nor may you use any other device or artifice to obtain more than the maximum number of entries. All discovered entries made in violation of these Official Rules will be deleted.
- Winner Selection: One (1) Grand Prize winner will be selected in random drawings from all eligible entries received during the Sweepstakes Period. Winner will be selected on or about five (5) business days after Sweepstakes-End and will be notified within three (3) business days after the selection is made via email to the email address entered upon Sweepstakes registration. It is an entrant’s responsibility to keep his/her email address current. A potential winner will have three (3) business days to reply to the email notification of being selected a winner and for providing full contact information. Failure to provide the information above by return email within the three (3) business days will signify to Sponsor that the prize has been declined and forfeited for all time and another potential winner will be chosen in random drawings. Once full contact information has been received, the potential Grand Prize winner will be sent an Affidavit of Eligibility, Liability and (where legal) Publicity Release via email that will have to be completed and faxed or emailed within three (3) business days or it will be concluded that the prize has been declined and another potential winner will be chosen in random drawings. Neither Sponsor nor Administrator is responsible for electronic communications which are undeliverable as a result of any form of active or passive filtering of any kind or insufficient space in entrant's email account to receive email messages. Should a greater number of prize claims be received or notices sent out because of printing, emailing, mailing or programming errors or for any reason whatsoever, only the number of prizes stated in these Official Rules and their values will be awarded in Administrator’s sole discretion in accordance with the Official Rules.
- Prize, Approximate Retail Value (ARV) and Odds: (1) Grand Prize — A Ross-Simons $1,000 shopping spree; one (1) Sugar Pearl Silver 7-qt. Pro Line® Stand Mixer by KitchenAid®; one (1) Sugar Pearl Silver Pro Line Cordless Immersion Blender by KitchenAid and one (1) White 60-oz. Diamond Vortex Blender by KitchenAid all from cooking.com and over $1,200 in pre-selected cookware from Calphalon. ARV: $3,378. Should the value of items chosen in the shopping spree or any component of the prize be less than the ARV in these Official Rules, the difference will not be awarded in cash or kind. Shopping spree prizes do not include transportation to and from a store or anything other than the indicated prize-value. The value of a shopping spree must cover the cost of merchandise and all other costs such as, without limitation, sales tax, shipping, extended warranties, adjustments or anything else for which there is a charge. Ross-Simons shopping spree must be used by 12/31/2014. Selection of goods and prices on shopping spree products are subject to availability and prices at the time the Ross-Simons winner submits the product numbers of the items selected in a manner indicated by Sponsor in its sole determination. All entrants agree that should they be a winner, they understand and acknowledge that the Sweepstakes Entities have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to the prize or regarding the use, value or enjoyment of the prize. The prize will be awarded only if it is claimed properly according to these Official Rules. Odds of winning the prize: Dependant on the number of eligible entries received during the Sweepstakes Period.
- General: By participating in this Sweepstakes, you agree to be bound by these Official Rules and the decisions of the Administrator. Sweepstakes administration and winner selection will be conducted by the Administrator, an independent judging organization, whose decisions are final and legally binding. No participant or potential winner shall have the right to contest any decision by Sponsor or the Administrator concerning any aspect of the Sweepstakes or the interpretation of the Official Rules or the determination as to the qualification of entries. Sponsor and Prize Providers are not responsible for those who cannot access the Internet or cannot click-through for any period of time regardless of technical, hardware, software, telephone, Internet, virus contamination or network problems, or for delay, failure or malfunction for any reason including, but not limited to, lost or unavailable network connections, failed, incomplete or garbled computer or telephone transmissions, typographical or system errors, human errors including, but not limited to, errors by Sponsor’s or Prize Providers’ representatives who enter incorrect information into any of their computer systems. Proof of entry is not proof of entry receipt. Sponsor reserves the right to cancel/terminate, modify or suspend the Sweepstakes or part of the Sweepstakes if in Sponsor’s sole determination it believes that the integrity of the Sweepstakes has been, or could be, compromised or that the Sweepstakes is not capable of running as planned or fairly, including infection by computer virus, bugs, tampering, unauthorized intervention (hacking), fraud, technical failures, force majeure, human error or any other causes beyond Sponsor’s control. Should the Sweepstakes be cancelled, a potential winner will be chosen from all the non-suspect, eligible entries. In the case of early termination, winner will be drawn from all eligible, non-suspect entries received up to the time of cancellation. Administrator reserves the right to disqualify any discovered entry from the Sweepstakes if in Administrator’s sole judgment entrant has not fully complied with these Official Rules. Without limitation, all of an entrant’s discovered entries will be disqualified, in the sole discretion of Administrator, if entrant attempts (i) to enter the Sweepstakes through any means, or a greater number of times, other than as described in these Official Rules; or (ii) provides information that is inaccurate or fraudulent; or (iii) attempts to disrupt the Sweepstakes or circumvent the terms and conditions of these Official Rules. Sweepstakes Entities assume no liability for damage caused to an entrant's or any other person/entity’s computer hardware, software or communications network, regardless of cause. Only the prize and the listed value in the Official Rules shall be awarded. A prize or prize notification that is returned as undeliverable will disqualify the winner and an alternative winner will be selected in random drawings shortly thereafter.
- By entering this sweepstakes, you explicitly agree to release and hold harmless the Sweepstakes Entities and the Prize Providers, their successors, estates and assigns and all their respective shareholders, directors, officers and employees, one and all, from any and all liability, actions, causes of action, damages, actual, incidental or consequential, claims and demands whatsoever in law or equity, including all "costs" and "experts' fees", which you now have or may acquire, by reason of any personal injury, death, loss of or damage to property, or any reason, occurring during or arising out of your participation in the Sweepstakes and the acceptance and use or misuse of a prize. By accepting a prize, a winner waives the right to i) assert as a cost of winning the prize any and all costs of verification and redemption or travel to redeem said prize, or ii) claim any liability (including attorney's fees and costs) which might arise from redeeming or seeking to redeem said prize (including any travel related thereto). The right to receive the prize is non-assignable and non-transferable and no prize substitution, transfer, exchange or cash equivalent will be allowed except by Sponsor who reserves the right to substitute a prize (or portion of prize) of comparable or greater value.
- All federal, state, local and agency laws, regulations and ordinances apply. Sweepstakes void where prohibited, licensed, restricted or taxed. If any provision of this Sweepstakes shall be deemed to violate any federal, state, local or agency law, regulation or ordinance, it shall be amended to conform to such law and all other provisions shall remain in full force and effect. If Sponsor is required by applicable federal, state, local or agency law, regulation or ordinance, or by action of an administrative agency to cease offering the Sweepstakes in any jurisdiction, Sponsor reserve the right to (i) terminate the Sweepstakes in such jurisdiction in its entirety, and/or (ii) cancel and remove from participation in the Sweepstakes any and/or all entries from entrants residing in such jurisdiction, without penalty and without obligation to any of the Sweepstakes entrants. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. All taxes are winners' responsibly and a 2014 Form #1099 will be issued to the Grand Prize winner for the value of the prize.
- Publicity: Except where prohibited by law, by entering the Sweepstakes, and as a condition of participating in this Sweepstakes and winning the prize, you agree to the use by Sponsor and its designees of your name, photograph, likeness, statements, biographical information (except address, email address and phone number), voice and city and state address for advertising and promotional purposes for this and similar promotions, 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. You further acknowledge that if you are chosen as a winner, your identifying information (except address, email address or phone number) may be disclosed to third parties including, without limitation, being placed on a winners' list and on social media.
- Sweepstakes Entities shall not be responsible for technical, pictorial, typographical or editorial errors or omissions in any marketing materials or these Official Rules.
- 12 By entering, entrant agrees and acknowledges that any and all disputes, claims, action and causes of action arising out of or connected with this Sweepstakes or the prize awarded and all issues and questions concerning the validity, interpretation and enforceability of these Official Rules shall be resolved individually, without resort to any form of class action, and exclusively in a court of competent jurisdiction sitting in Providence County, Rhode Island without regard for conflicts of law doctrine. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes and never shall include consequential, incidental, multiplied or punitive damages, and in no event attorneys' or experts' costs. Some jurisdictions do not allow the limitation, or exclusion, of liability for incidental or consequential damages, so the above may not apply to you.
- For a Winners List: Send a self-addressed, properly stamped, #10, business envelope to: Winners — Ross-Simons "A Dash of Diamonds and a Pinch of Pearls" Sweepstakes Attn: Marketing, P.O. Box 20990, Cranston RI 02920-0990, to be received by June 30, 2014. Limit one (1) request per outer envelope. You cannot enter the Sweepstakes using this address. Entries mailed to this address will be discarded.
- 14 This Promotion is sponsored by Ross-Simons, 9 Ross-Simons Drive, Cranston RI 02920 and is administered by The Marketing Agency, 2881 East Oakland Park Blvd., Suite 425, Fort Lauderdale, FL 33306.
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