"Instant Glam" Sweepstakes Rules
THE FOLLOWING PROMOTION IS INTENDED FOR LEGAL RESIDENTS IN THE 50 UNITED STATES AND D.C. (EXCLUDING, WITHOUT LIMITATION, ALL US COMMENWEALTHS AND TERRITORIES) ONLY, 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 REQUIRED.
Official Rules — Ross-Simons "Instant Glam" Sweepstakes (the "Sweepstakes")
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING A PRIZE.
- The "Sweepstakes Period" is from 12:00:01 am Eastern Time (ET), February 27, 2013 ("Sweepstakes-Start") to 11:59:59 pm ET, June 12, 2013 ("Sweepstakes-End"). Sponsor's computer clock governs time.
- Eligibility: This Sweepstakes is open only to legal residents residing in the 50 United States and D.C., who are the age of majority in their state of residence and older who have Internet access. Void in all US Commonwealths and territories. Employees, officers, directors, agents, representatives and their immediate families (spouse, parents, children including step children, siblings, and each of their spouses regardless where they live) or members of household of Ross-Simons ("Sponsor") and TMACO, LLC d/b/a THE MARKETING AGENCY ("Administrator"), their respective parent companies, subsidiaries, advertising, publicity, 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 played 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. Simply complete the entry form found by going to www.ross-simons.com/sweeps on the Internet or by completing a pop-up box that will appear from time to time on www.ross-simons.com during the Sweepstakes Period. 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 user. An email "Authorized user" is defined as the natural person who is assigned an email address by an 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/mobile 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 emails 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) 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) days after Sweepstakes-End and will be notified within five (5) days after the selection is made via email to the email address entered upon Sweepstakes registration. It is an entrant's responsibility to keep her/his email address current. It is a potential winner's responsibility to respond to an email message notification within three (3) business days of email send-time indicating acceptance of the prize and providing full contact information (PO Boxes not acceptable). Failure to do so will indicate definitively that the prize has been declined for all time and another potential winner will be chosen in a random drawing. Once full contact information has been received, a potential Grand Prize winner will be sent an Affidavit of Eligibility, Liability and Publicity Release that will have to be completed and returned 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. Sponsor and Administrator not 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.
- Prize, Approximate Retail Value (ARV) and Odds: (1) Grand Prize — a pair of 2.00 ct. t.w. Diamond Stud Earrings in 14kt. White Gold. ARV: - $7,495. Should the value of the prize(s) awarded be less than the ARV in these Official Rules, the difference will not be awarded in cash or kind. The prize is awarded "as is." A 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 supervised 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 independent judging organization concerning any aspect of the Sweepstakes or the interpretation of the Official Rules or the determination as to the qualification of entries. Sponsor is 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 representatives who enter incorrect information into any of Sponsor's systems or by force majeure. Sponsor reserves the right to terminate 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, due to, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, force majeure or any other causes. In the case of early termination, one (1) potential winner will be drawn from all non-suspicious, eligible entries received up to the time of cancellation. Sponsor reserves the right to disqualify any entry from the Sweepstakes if in Sponsor's sole judgment entrant has not complied with these Official Rules. Without limitation, all of an entrant's entries will be disqualified, at the sole discretion of Sponsor, if entrant attempts (i) to enter the Sweepstakes through any means 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. Sponsor assumes no liability for damage caused to entrant's or any other person/entity's computer or device hardware, software or communications network, regardless of cause. Only the prize and its 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. Should a greater number of prize claims be received because of printing, emailing, phoning, messaging, programming errors or for any reason whatsoever, only the prize and the value stated in these Official Rules will be awarded in Administrator's sole discretion from all claimants.
- By entering this sweepstakes, you explicitly agree to release and hold harmless the Sweepstakes Entities, 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 or non-participation in the Sweepstakes and the acceptance and use or misuse of a prize. By accepting a prize, a winner waives the right to A) assert as a cost of winning the prize any and all costs of verification and redemption or travel to redeem said prize, or B) 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) and C) acknowledges 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 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 equal or greater value. Proof of entering is not proof of entry receipt.
- 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 to cease offering the Sweepstakes in any jurisdiction, Sponsor reserves 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 winner's responsibility and a 2013 Form #1099 will be issued to prizewinner for $7,495.
- Unless prohibited by law, acceptance of the prize constitutes permission to use the winner's name, voice and likeness and any and all identifying characteristics (except address, email address and phone number) including, but not limited to, the taking of photographs and/or videos by Sponsor's photographer/videographer or the request for a photograph for publicity purposes, without further consent or compensation, and winner agrees to execute any and all documents requested by Sponsor to convey such rights to own all the results thereof. Nothing contained herein shall be deemed to obligate Sponsor to make use of any of the rights granted herein and winner waives any right to inspect or approve any such use of any and every nature and kind.
- Sweepstakes Entities shall not be responsible for technical, pictorial, typographical or editorial errors or omissions in any marketing materials or these Official Rules.
- 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 "Instant Glam" Sweepstakes, Attn: Marketing, P.O. Box 20990, Cranston RI 02920-0990, to be received by June 30, 2013. Limit only one (1) request per outer mailing envelope. You cannot enter the Sweepstakes using this address. Entries mailed to this address will be discarded.
- This Promotion is sponsored by Ross-Simons, 9 Ross-Simons Drive, Cranston RI 02920 and administered by The Marketing Agency, 2881 East Oakland Park Blvd., Suite 425, Fort Lauderdale, FL 33306.
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