Official Rules

Ross-Simons 2020 Holiday Diamond Studs Sweepstakes (the “Sweepstakes”)

THE FOLLOWING PROMOTION IS INTENDED FOR LEGAL RESIDENTS IN THE 50 UNITED STATES AND D.C. ONLY (EXCLUDING, WITHOUT LIMITATION, ALL US EXTERNAL COMMONWEALTHS 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.

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), November 23, 2020 ("Sweepstakes-Start") to 11:55:59 pm ET, December 22, 2020 ("Sweepstakes-End"). Sponsor’s computer clock governs time for website entries.
  2. 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 and non-employee workers, 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”), Attentive Mobile, Inc. (“Attentive”) and TMACO, LLC d/b/a THE MARKETING AGENCY (“Administrator”), their respective parent companies, subsidiaries, advertising, design, web design, web hosting, promotional partners 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/or text messages if you enter your mobile device number you will receive notices of promotions from which you may unsubscribe at any time. Do not enter if you don’t want to receive emails/text messages 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 atwww.ross-simons.com/privacy and The Marketing Agency's Privacy Policy, found at www.themarketingagency.com/html/privacyPolicy.html.
  3. How to Enter: The Sweepstakes is entered three (3) ways to receive up to a maximum of two (2) entries during the Sweepstakes Period.  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 by completing the entry form found by going to Enter the Sweepstakes 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 be asked for your valid, working email address for which you are the authorized email user. You will receive one (1) Email Entry (an “Email Entry”). You are not entered to receive an email entry just because you receive emails from Ross Simons. You must enter your email in the entry form provided to be entered into the sweepstakes. • When you have entered using the method above, you will receive an opportunity to receive one (1) additional entry (a “Mobile Entry”) by entering the authorized phone number of your mobile device capable of receiving and sending text messages from/to Ross-Simons.  If you are going to the Ross-Simons website on a mobile device capable of receiving and sending text messages, upon opening the website you will be prompted to enter your valid, working email address for which you are the authorized email user to receive one (1) Email Entry into the sweepstakes. You are not entered to receive an email entry just because you receive emails from Ross Simons. You must enter your email in the entry form provided to be entered into the sweepstakes. • When you have entered using the method above, you will receive an opportunity to receive one (1) additional entry (a “Mobile Entry”) by entering the authorized phone number of your mobile device capable of receiving and sending text messages (SMS messages) from/to Ross-Simons. When you enter using your mobile number you will receive up three (3) text messages from Ross Simons and you will be asked to respond via text message to one of the messages indicating that you have agreed to the terms and conditions. Message and data rates, wireless Internet access charges and perhaps other fees may apply to use of mobile device for Sweepstakes entry. Consult your wireless carrier's pricing plan BEFORE participating via mobile device. Not all mobile devices or wireless carriers offer wireless access; and, wireless Internet access may not be available in all areas. You agree to incur all charges demanded by your wireless carrier If you do not have a mobile device or carrier capable of receiving and sending text messages or you do not wish to send/receive text messages, you may obtain one (1) alternative Mobile Entry by using this Alternate Method of Entry. Hand print your first name, last name, date of birth, a valid, working email address for which you are the authorized user and home address on a piece of paper. Place it in an envelope with adequate first class postage and mail it to Entry — Ross-Simons 2020 Holiday Diamond Studs Sweepstakes, Attn: Marketing, P.O. Box 20990, Cranston RI 02920-0990 postmarked by Sweepstakes-End date and received by Sponsor up to seven days later. LIMIT TWO (2) ENTRIES PER PERSON OR EMAIL ADDRESS DURING THE SWEEPSTAKES PERIOD REGARDLESS OF METHOD OF ENTRY. Only one person may enter using an email address or mobile device. An “Authorized email/mobile number user” is defined as the natural person who is assigned an email address or mobile number by an Internet mail provider, Internet access provider, online service provider, online email provider or wireless carrier as they may apply or an organization (e.g. business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the email address or the mobile device number as they may apply. In the case of a dispute regarding who submitted a particular entry, the entry will be deemed submitted by the authorized account holder. 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 or messages at the mobile device number submitted. All entries must be made by an individual from a stand-alone computer or 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 or by a Sweepstakes Entry Service. You may not enter with multiple email addresses or mobile device numbers and/or multiple identities nor may you use any other device or artifice to obtain more than the maximum number of entries allowed in these Official Rules. All discovered entries made in violation of these Official Rules will be deleted and entrant may be disqualified from the Sweepstakes. Sponsor reserves the right to require proof of a potential winner being the authorized account holder.
  4. Winner Selection and Notification: The Administrator is an independent judging organization whose decisions as to the selection of a potential winner is final and binding. One (1) potential Grand Prize winner will be selected in random drawings from all eligible entries received during the Sweepstakes Period and mail-in entries postmarked by sweepstakes and received up to seven (7) days later. Winner will be selected on or about 30 business days after Sweepstakes-End and will be notified on or about three (3) business days after the selection is made via email to the email address entered or via text message to the mobile device number of a Mobile entry in sponsor’s sole discretion. It is an entrant’s responsibility to keep his/her email address and mobile device number, as they may apply current. A potential winner will have three (3) business days to reply to the notification of being selected a potential winner and for providing full contact information requested. Failure to provide the information above 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 or USPS mail, in Sponsor’s sole discretion, that will have to be completed and faxed or scanned/emailed to the Administrator 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. This will continue until an eligible potential winner accepts the Grand Prize and complies with these Official Rules. Neither Sponsor nor Administrator is responsible for 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 or message account to receive Text messages or if returned by the USPS. Should a greater number of prize claims be received or notices sent out because of printing, emailing, text messaging, 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.
  5. Prize, Approximate Retail Value (ARV) and Odds: (1) Grand Prize – 2.00 ct. t.w. Diamond Stud Earrings in 14kt White Gold. ARV: $4,995. Odds of winning the prize: Dependant on the number of eligible entries received during the Sweepstakes Period and mail-in entries postmarked by Sweepstakes End and received and received up to seven (7) days later. Should the value of the prize awarded be less than the ARV in these Official Rules, the difference will not be awarded in cash or kind. A prize is awarded “as is.” 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 a prize or regarding the use, value or enjoyment of the prize. All taxes are winner’s sole responsibility and an IRS form #1099 will be sent to Grand Prize winner for $4,995 for the year 2021. The prize will be awarded only if it is claimed properly according to these Official Rules.
  6. 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 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 their computer systems. Proof of entry is not proof of entry receipt. Sponsor reserves the right to suspend/cancel/terminate or modify 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, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention (hacking), fraud, technical failures, force majeure, widespread disease or pandemic, human error or any other causes beyond Sponsor’s control. Should the Sweepstakes be cancelled, a potential winner will be chosen from all eligible, non-suspect entries received up to the time of cancellation and mail-in entries postmarked by the date of cancellation and received up to seven days later. Sponsor/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 Sponsor/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. Should a person attempt to undermine or disrupt the sweepstakes operation as outlined in these Official Rules, such action may be a violation of criminal and/or civil law and the sponsor reserves the right to seek damages to the fullest extent permitted by law. The 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.
  7. By entering this sweepstakes, you explicitly agree to release and hold harmless the Sweepstakes Entities, their successors, estates and assigns and all their respective shareholders, directors, officers and employees and non-employees working for them, 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.
  8. 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. In the event of any conflict with any Sweepstakes details contained in these Official Rules and Sweepstakes details contained in Sweepstakes-related materials, these Official Rules shall prevail.
  9. 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.
  10. Sweepstakes Entities shall not be responsible for technical, pictorial, typographical or editorial errors or omissions in any marketing materials or these Official Rules. Should there be a discrepancy between marketing materials or any other form of communication and these Official Rules, the interpretation of the Official Rules will prevail.
  11. 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 http://www.ross-simons.com/privacy and The Marketing Agency’s Privacy Policy found at www.themarketingagency.com/html/privacyPolicy.html. By entering, you agree to receive Sponsor’s emailed newsletters and promotions from which you may unsubscribe at any time.
  12. 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 any 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 the right to a trial by jury in any and all disputes, claims, actions, and causes of action arising out of or connected with this Sweepstakes or any 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.
  13. For a Winners List: Send a self-addressed, properly stamped, #10, business envelope to: Winner — Ross-Simons 2020 Holiday Diamond Studs Sweepstakes Attn: Marketing, P.O. Box 20990, Cranston RI 02920-0990, to be received by December 30, 2020. 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.
  15. All trademarks are the property of their respective owners. © 2020, The Marketing Agency.