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Official Rules

Ross-Simons "Win a Trip to Italy!" Sweepstakes (the "Sweepstakes")

Enter The Sweepstakes

THE FOLLOWING PROMOTION IS INTENDED FOR LEGAL USA RESIDENTS IN THE 50 UNITED STATES AND D.C. ONLY (EXCLUDING, WITHOUT LIMITATION, ALL USA EXTERNAL COMMONWEALTHS, POSSESSIONS AND TERRITORIES), WHO ARE AT LEAST 21 YEARS OF AGE AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW AND AMERICAN ENGLISH. INTERNET ACCESS AND EMAIL ADDRESS REQUIRED.

NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING THE PRIZE.

  1. The "Sweepstakes Period" is from 12:00:01 am Eastern Time (ET), August 29, 2018 ("Sweepstakes-Start") to 11:59:59 pm ET, November 7, 2018 ("Sweepstakes-End"). Sponsor’s computer clock governs time for website entries.
  2. Eligibility: This Sweepstakes is open only to legal USA residents residing in the 50 United States and D.C., who are at least 21 years of age. 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") and TMACO, LLC d/b/a THE MARKETING AGENCY ("Administrator"), their respective parent companies, subsidiaries, advertising, design, printing, 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. For Canadian Residents: This Sweepstakes is open only to legal residents residing in the United States and D.C. If you are a resident of Canada and enter the Sweepstakes you won’t be eligible to be awarded a prize, however your entry information will be collected. By entering, you agree to receive Sponsor’s emailed newsletters and promotions from which you may unsubscribe at any time. Do not enter if you don’t want to receive emails from Sponsor. 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/privacy and The Marketing Agency's Privacy Policy, found at www.themarketingagency.com/html/privacyPolicy.html. By entering this Sweepstakes you acknowledge that you have read and accepted Sponsor’s and Administrator’s Privacy Policies.
  3. How to Enter: The 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 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. You will receive one (1) entry. 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. LIMIT ONE (1) ENTRY PER PERSON OR EMAIL ADDRESS DURING THE SWEEPSTAKES PERIOD. 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 as determined by Sponsor and Administrator in their sole discretion. 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 one (1) entry. All discovered entries made in violation of these Official Rules will be disqualified. You must supply an accurate, functioning email address, for which you are the authorized user, for your entry to be eligible and for winner notification (if applicable). It is an entrant's responsibility to keep his/her email address current. *Message and data rates, wireless Internet access charges and perhaps other fees may apply to use of mobile device for Sweepstakes entry. You may be charged by your wireless carrier for participating via mobile device. It is therefore recommended that you consult your wireless carrier's pricing plan BEFORE participating via mobile device. Not all mobile devices offer wireless Internet access; and, wireless Internet access may not be available in all areas.
  4. Winner Selection and Notification: One (1) potential Grand Prize winner will be selected in random drawings from all eligible entries received during the Sweepstakes Period. The winner will be selected on or about 15 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. You are responsible for checking your email should you be selected as a winner The potential winner will have three (3) business days to reply to the email notification of being selected a potential winner and for providing full contact information requested. 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 and an Affidavit of Eligibility, Liability and (where legal) Publicity Release (Travel Companion) via email that will have to be completed and faxed or emailed to the Administrator within three (3) days or it will be concluded that the prize has been declined and another potential winner will be chosen in random drawings. This will continue until an eligible potential winner accepts the Grand Prize and complies with these Official Rules. A Travel Companion must be a legal resident of, and reside in, the USA, 21 years of age or older unless the Winner is the parent or legal guardian of the less than 21 years of age Companion. 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, phoning 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. No more than the indicated number of prizes will be awarded in the Sweepstakes.
  5. Quantity, Prize, Approximate Retail Value ("ARV") and Odds: (1) Grand Prize: A $8,000 trip for two (2) to Florence and Venice, Italy including: Economy class air travel for two (2) on an airline selected in Sponsor's sole discretion (there may be stops and connections), from the nearest major airport to winner's residence in the USA to Florence, Italy, and return Economy class air travel for two (2) on an airline selected (there may be stops and connections), from Venice, Italy to the nearest major airport to winner's residence in the USA all in Sponsor's sole discretion, inclusive of airline fuel surcharges and taxes, on a schedule to be determined by Sponsor (in its sole, subjective determination); Three (3) nights hotel double occupancy accommodation in a standard room of Sponsor's choosing in each of Florence and Venice, Italy (cumulatively six (6) nights accommodation): transfers from arrival airport to hotel and from departing hotel to airport and $1,000 in "travel money". Grand Prize winner will be asked to supply three (3) desired dates of travel in order of preference and Administrator will attempt to satisfy requests in the given. All Grand Prize travel must be completed by December 31, 2019. ARV: $8,000. For clarity, if a winner chooses dates that have very high airline ticket prices and/or hotel prices, either the quality of the hotel will be reduced or the travel money will be adjusted in the sole discretion of the Sponsor in consultation with the winner. In no case will the prize total value exceed $8,000. Odds of winning: Dependent on number of eligible entries received in the Sweepstakes-Period. Grand Prize winner will be solely responsible for all expenditures not specifically mentioned in these Official Rules, including, without limitation, transportation to/from departure/arrival airports in the USA, baggage fees, all meals and beverages, gratuities, incidentals, personal expenses and travel/medical/baggage insurance. Airline tickets are non-transferable and non-endorsable and cannot be exchanged or refunded for cash. Tickets issued will not be eligible for accrual of frequent flyer mileage. A Grand Prize winner must accept the flights and hotels offered by Sponsor (or its agents) in its sole discretion. No changes will be made to travel details once any element(s) of the travel arrangements have been booked, except in Sponsor’s sole discretion. Sponsor will not replace any lost or stolen tickets, travel vouchers, passes or similar items once they are in the Grand Prize Winner’s possession. Sponsor will determine flight itinerary and hotel accommodations in its sole discretion. Once flight arrangements have been confirmed, no changes will be allowed except by Sponsor in its sole discretion. Any unclaimed and/or unused or underused Grand Prize travel package elements will be forfeited by Grand Prize Winner and will remain the property of Sponsor. Travel is subject to the terms and conditions set forth in these Official Rules and those set forth by Sponsor’s air travel prize supplier, as detailed in the passenger ticket contract issued by such supplier and the selected hotels’ Terms & Conditions. Grand Prize winner and travel companion are responsible for: (i) all travel documents including, without limitation, a current, valid U.S. Passport, and other travel documents requirements acceptable to the airline(s), The Transportation Security Administration (TSA) and the US and Italian/EU governments; (ii) all medical requirements; (iii) respecting all local regulations; (iv) for full compliance with the regulations of the airline(s) and hotel; (v) for presenting a valid, major credit card upon registering at the hotels to cover all costs and expenses not specifically specified as part of the prize in these Official Rules and (vi) traveling all legs of the itinerary together. Sponsor, airline(s) and hotels have the right to refuse travel and/or admission to anyone who does not have proper documents or who does not comply with all regulations or comport him/herself properly. There will be no substitution or compensation for the prize or part of the prize forfeited due to winner's or winner's companions’ non-compliance with travel and partners’ regulations, or any other reason. By entering this Sweepstakes, a winner 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, non-exchangeable and non-transferable and no prize substitution or cash equivalent will be given, except that Sponsor may substitute a prize or part of a prize of comparable or greater value in its sole discretion. Prize and prize notifications that are returned as undeliverable may disqualify winner. The Grand Prize will be awarded if claimed properly and is awarded “as is.” Should the value of the prize be less than the ARV stated above, the difference will not be awarded in cash or kind.
  6. General: By participating in this Sweepstakes, you agree to be bound by these Official Rules. 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 winner shall have the right to question 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 Administrator 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, and 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, force majeure, human errors, including, but not limited to, errors by Sponsor or Sponsor’s or marketing partner’s or agents who enter incorrect information into any of Sponsor’s or agent’s computer systems. Proof of entry is not proof of entry receipt. Sponsor reserves the right to cancel/terminate, modify or suspend 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/Administrator’s control. Should the Sweepstakes be cancelled, a potential winner will be chosen from all the non-suspect (in Administrator’s judgment) eligible entries. Sponsor reserves the right to disqualify any discovered entry from the Sweepstakes if, in Sponsor’s sole judgment, entrant has not fully complied with these Official Rules. Without limitation, all of an entrant’s discovered entries will be disqualified, at the sole discretion of Sponsor, 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 entrant's or any other person's/entity's computer or mobile device) hardware, software or communications network, regardless of cause.
  7. By entering this Sweepstakes, a participant explicitly releases, discharges and holds harmless the Sweepstakes Entities, their successors, estates and assigns and all their respective shareholders, directors, officers and employees, one and all, from any and all direct and indirect liability, actions, causes of action, damages, actual, incidental or consequential, claims and demands whatsoever in law or equity, including all “costs”, which s/he now has 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 his/her participation or non-participation in the Sweepstakes and the acceptance and use or misuse of the prize. By accepting the 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).
  8. Sweepstakes is offered in the 50 United States only and is void where prohibited, licensed, restricted or taxed. All federal, state and local laws and regulations apply. If any provision of the Sweepstakes shall be deemed by a court of competent jurisdiction 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 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 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 sole responsibility and an IRS form #1099 will be sent to Grand Prize winner for $8,000 for the year 2018.
  9. Except where prohibited by law, by entering the Sweepstakes, 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, phone number or email address), 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, PHONE NUMBER AND EMAIL ADDRESS) MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, BEING PLACED ON A WINNERS' LIST.
  10. To the fullest extent permitted by law, 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 group or class action, and exclusively in a court of competent jurisdiction sitting in Providence County, Rhode Island without regard for conflicts of law doctrine. By entering the Sweepstakes, entrant agrees to the personal jurisdiction of such courts and waives any right of change of venue, forum non conveniens, or the like. Entrant also does hereby waive trial by jury in any and all disputes, claims, actions, 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. 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.
  11. The Sweepstakes Entities shall not be responsible for technical, pictorial, typographical or editorial errors or omissions in the Sweepstakes website, any marketing materials or these or the abbreviated Official Rules.
  12. By entering this Sweepstakes, you agree to receive Sponsor’s emailed newsletters and promotions from which you may unsubscribe at any time.
  13. For a Winners List: Send a self-addressed, properly stamped, #10, business envelope to: Winners — Ross-Simons "Win a trip to Italy" Sweepstakes Attn: Marketing, P.O. Box 20990, Cranston RI 02920-0990, to be received by December 15, 2018. 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. All trademarks are the property of their respective owners. © 2018, The Marketing Agency.
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