THE FOLLOWING PROMOTION IS INTENDED FOR VIEWING IN THE 50 UNITED STATES AND D.C. (EXCLUDING, WITHOUT LIMITATION, PUERTO RICO AND OTHER US 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. YOU MUST BE THE AGE OF MAJORITY IN YOUR STATE OF RESIDENCE TO ENTER.
Official Rules Ross-Simons "12 Days of Wonderful" 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), October 30, 2008 ("Game-Start") to 11:59:59 pm, ET, December 24, 2008 ("Game-End"). Sponsor's 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. Void in Puerto Rico. Employees, officers, directors, agents, representatives and their immediate families or members of household (spouse, parents, children, siblings, and each of their spouses regardless where they live) of Ross-Simons ("Sponsor") and THE MARKETING AGENCY, LLC ("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: Individuals who have access to the World Wide Web on the Internet and are the authorized users of an Internet email address may enter online. Simply complete the entry form found by following the instructions at www.ross-simons.com during the Sweepstakes Period. Limit one entry per person or email address during the Sweepstakes Period. "Authorized user" is defined as the natural person who is assigned an email address by an Internet access provider, online service provider or 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 and may not be made by proxy or any electronic/automated means such as script, bot, macro or any other similar software or program. All discovered entries made in violation of these Official Rules will be deleted.
Winner Selection: One (1) winner will be selected every second day, starting with the December 2, 2008 drawing, in random drawings from all eligible entries received from Sweepstakes-Start to 11:59:59 pm, ET of the day prior to the drawing day in question. The last drawing will take place on December 24, 2008. All non-winning entries will be automatically rolled over to the subsequent drawings. Therefore, it is only necessary to enter once. Earlier entries will have a greater chance of winning than later entries. Winners will be notified within three (3) days after the selection is made via email at Sponsor's sole discretion. It is an entrant's responsibility to keep his/her email address current. It is a potential winner's responsibility to respond to an email/phone message notification within two (2) business days of email send-time. Failure to do so will indicate definitively that the prize has been declined for all time and another potential winner will be chosen in random drawings.
Prize, Approximate Retail Value (ARV) and Odds:
Day
Prize
MSRP Prize Value
12/2
.65 ct. t.w. Diamond Band Ring In 14kt Yellow Gold
$595
12/4
.25 ct. t.w. Black and White Diamond Heart Earrings In 14kt White Gold
$495
12/6
Three-Set of .20 ct. t.w. Diamond Bangle Bracelets In Sterling Silver. 7"
$350
12/8
.10 ct. t.w. Diamond Ring With Black Agate In Sterling Silver
$80
12/10
Cultured Pearl Necklace With Diamonds In 14kt White Gold, 18"
$465
12/12
1.70 ct. t.w. Ruby and .10 ct. t.w. Diamond Ring In 18kt Yellow Gold
Gorham 2008 "Chantilly" 1st Edition Sterling Silver Star Ornament
$70
12/16
8.35 ct. t.w. Garnet and Diamond Accent Y Necklace In Sterling Silver, 18"
$165
12/18
Drop Earrings With Cultured Pearl and Diamonds In 14kt White Gold
$650
12/20
1.00 ct. t.w. Diamond Hoop Earrings In 14kt Yellow Gold
$595
12/22
2.55 ct. t.w. Multicolored Sapphire Ring With Diamonds In 14kt White Gold
$985
12/24
$1,200 Shopping Spree based on the MSRP prices before promotional discounts
$1,200
Total of all Prizes
$6,385
Should the value of the prize be less than the ARV in these Official Rules, the difference will not be awarded in cash. A prize will be awarded only if it is claimed properly according to these Official Rules. All prizes will be delivered after Sweepstakes-End. Prizes do not include transportation to and from any store or anything other than the indicated MSRP prize-value of merchandise. The Grand Prize shopping spree value is MSRP of merchandise inclusive of sales tax, shipping, extended warranties or anything else for which there is a charge. Shopping spree must be used by 3/31/2009. Selection of goods on shopping spree subject to availability at the time winner shops. Odds of winning any prize: Dependant on the number of eligible entries received by each drawing date. Earlier entries will have a greater chance of winning than later entries.
General: Sweepstakes administration and winner selection will be supervised by THE MARKETING AGENCY, LLC, 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. By participating in this Sweepstakes, you agree to be bound by these Official Rules. 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 computer 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, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, Force Majeure or any other causes. In the case of early termination, winners will be drawn from 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 hardware, software or communications network, regardless of cause. Sponsor is not responsible for illegible, lost, late, damaged or incomplete in-store entries. Only the prizes and their listed value in the Official Rules shall be awarded. 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", 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 a) the right to 1) assert as a cost of winning the prize any and all costs of verification and redemption or travel to redeem said prize, or 2) 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 3) 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 in case of unavailability of the prize or Force Majeure. Proof of entering is not proof of entry receipt. Prize or prize notification that is returned as undeliverable will disqualify the winner and an alternative winner will be selected in a random drawing shortly thereafter.
All federal, state and local 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 or local 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 or local 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 Sweepstakes entrants.
Acceptance of the prize constitutes permission to use the winner's name, voice and likeness and any and all identifying characteristics including, but not limited to, the taking of photographs and/or videos by Sponsor's photographer/videographer for publicity purposes, without further consent or compensation, unless prohibited by law 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.
Sponsor and Administrator collect personal information from you when you enter the Sweepstakes. The information collected is subject to the Ross-Simons Privacy Policy found at www.ross-simons.com and The Marketing Agency's Privacy Policy found at themarketingagency.com/html/aboutUs.html.
By entering, entrant agrees 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. 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 or punitive damages, and in no event attorneys' or experts' fees. 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 envelop to: Winners - Ross Simons "12 Days of Wonderful" Attn: Marketing, P.O. Box 20990, Cranston RI 02920-0990, to be received by December 31, 2008. 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 is administered by The Marketing Agency, LLC, 2881 East Oakland Park Blvd., Suite 425, Fort Lauderdale, FL 33306.