The Kay® Jewelers Shades of Wonder Sweepstakes
No Purchase Necessary
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook® or Twitter®. Twitter® is not involved in any way other than as one medium through which this Sweepstakes is conducted. Facebook® and Twitter® are registered trademarks of Facebook, Inc. and Twitter, Inc., respectively. Any questions or complaints regarding this Sweepstakes shall be directed to Sterling Jewelers Inc., not Facebook® or Twitter®. You understand that you are providing your information to Sterling Jewelers Inc. and not to Facebook® or Twitter®.
- Sweepstakes Period: The Kay® Jewelers Shades of Wonder Sweepstakes (the "Sweepstakes") starts at 10:00 a.m. Eastern Time ("ET") on March 24, 2014 and ends at 4:00 p.m. ET on April 11, 2014 ("Sweepstakes Period").
- Eligibility: The Sweepstakes is open to legal residents of the 50 United States and the District of Columbia who are 18 years of age or older as of date of entry. Employees of Sterling Jewelers Inc. ("Sponsor"), Don Jagoda Associates, Inc. ("Administrator") and each of their respective parent companies, affiliates, subsidiaries, retailers, advertising and promotion agencies and judging organizations (collectively with Sponsor and Administrator, the "Sweepstakes Parties"), as well as their immediate family members (spouses, parents, children, siblings, and their spouses) and/or persons living under the same household are not eligible to enter. This Sweepstakes shall be construed and evaluated solely according to United States law and subject to all federal, state and local laws and regulations. Void where prohibited. By entering, you acknowledge compliance with these Official Rules, including eligibility requirements.
- How To Enter for Weekly Facebook® Drawings: There will be three weekly entry periods as follows: The first weekly entry period will begin at 10:00 am ET on March 24, 2014 and end at 11:59 pm ET on March 30, 2014 ("Week 1"); the second weekly entry period will begin at 12:00 am ET on March 31, 2014 and end at 11:59 pm ET on April 6, 2014 ("Week 2"); and the third weekly entry period will begin at 12:00 am ET on April 7, 2014 and end at 4:00 pm ET on April 11, 2014 ("Week 3"). During the Sweepstakes Period, you may enter via Facebook® by visiting the official Kay® Jewelers Facebook® Page at www.Facebook.com/KayJewelers and "Liking" Kay® Jewelers (if you do not already) on Facebook®. At the start of the each weekly entry period, Sponsor will post a call to action message on the Facebook® Page (the "Post") and you must comment (answer) the Post to receive one (1) entry into that corresponding weekly Facebook® drawing and the Grand Prize drawing ("Facebook® entry"). Entries will not be judged. By commenting on the Sweepstakes post, you are agreeing to these Official Rules. Limit one Facebook® entry per person/Facebook® account per day. Facebook® entries will not carry forward for any subsequent weekly Facebook® drawings.
How To Enter for Weekly Registration Drawings: During the Sweepstakes Period, visit https://shadesofwonder.dja.com (the "Website") and complete all required fields of the on-screen entry form to receive one (1) entry into that weekly registration drawing and the Grand Prize drawing ("Registration entry"). Limit one Registration entry per person/email address per day. Registration entries will not carry forward for any subsequent weekly registration drawings. Refer-a-Friend Entries: You may visit the Website and follow the instructions to connect via Facebook®. From the Thank You or Already Registered Page, you will be prompted to share the Sweepstakes on Facebook® via a unique link. Upon clicking on this link, the referred friend will be directed to the Website where he/she will be prompted to complete a Registration entry. You will receive one (1) additional entry into that weekly Registration drawing and the Grand Prize drawing for each friend (up to 25 total) that clicks on your unique link and subsequently registers for the Sweepstakes through your link ("Refer-a-Friend entry"). Refer-a-Friend entries will be eligible for the weekly registration entry period in which your friend enters and the Grand Prize drawing. This will not earn you an entry into the weekly Facebook® drawings or the weekly Twitter® drawings (as described below). Limit twenty-five (25) Refer-a-Friend entries per person/email address throughout the entire Sweepstakes Period. Registration entries and Refer-a-Friend entries will not be carried forward for subsequent weekly drawings.
How To Enter for Weekly Twitter® Drawings: To enter via Twitter® for weekly Twitter® drawings, during the Sweepstakes Period, you may Tweet a message to @KayJewelers with the hashtag #ShadesOfWonder to earn one Twitter® entry into that corresponding weekly Twitter® drawing and the Grand Prize drawing ("Twitter® entry"). A mutual following is suggested to facilitate active participation. You must be a @KayJewelers follower and have your account settings set to "unprotected" or "public" to receive a Direct Message ("DM") in order to be contacted for the chance to win a prize. If you are a first time visitor to Twitter®, you will be prompted to complete the on-screen registration form. Registration is a one-time requirement. If you are a returning visitor, you will be prompted to log-in. Limit one Twitter® entry per person/Twitter® handle per day. Twitter® entries will not carry forward for any subsequent weekly Twitter® drawings. Duplicate or multiple online Twitter® entries from the same person/email address or the same person using different email addresses/accounts per weekly entry period are not permitted and will be automatically eliminated.
You must pay normal Internet access and data usage charges that may be imposed by your online or mobile service providers. Incomplete, incorrect, corrupted, or untimely entries are void and will be disqualified. Sponsor and its agencies are not responsible for lost, interrupted, or unavailable network, server, or other connections; or miscommunications, computer or software malfunctions, telephone transmission problems, technical failures, garbled transmissions, damage to a user's computer equipment (software or hardware), or other errors or malfunctions of any kind whether, human, mechanical, electronic or otherwise. Duplicate or multiple online entries from the same person/email address or the same person using different email addresses/accounts per day are not permitted and will be automatically eliminated.
- Entry Submission: Collectively, all eligible Facebook® entries, Registration entries, Refer-a-Friend entries, and Twitter® entries are referred to as "Entries". Automated Entries, regardless of method of submission, are prohibited, and any use of such automated devices will cause disqualification. All Entries must be complete to be eligible. All Entries become the property of Sponsor and will not be returned, and Sponsor will not verify receipt of Entries.
For Facebook® and Twitter® Entries (as applicable): All Entries must be the sole, original work of the entrants. Any Entry or portion thereof that is, in the Sponsor's sole discretion, obscene, profane, lewd, defamatory, inappropriate, disparaging, offensive or contains proprietary right of any person living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light) or entity, or is otherwise objectionable, will not be considered and may disqualify the entrant. Entries should not contain any third party materials, or otherwise violate or infringe (or possibly infringe) any copyright, trademark, logo or mark that identifies a brand.
- Prizes and Approximate Retail Values ("ARV"): Grand Prizes (2): Two (2) Grand Prizes will be awarded from among all eligible Entries received. Each Grand Prize is an 8-day/7-night trip for (2) to Australia. Trip includes coach class air transportation between major airport nearest winner's residence to Sydney, Australia and from Perth, Australia back to major airport nearest winner's residence; all domestic flights in Australia; hotel accommodations based on availability and double occupancy in each city; round/trip ground transfers between all hotels and airports; a guided tour of the Argyle Diamond Mine; breakfast daily; and $1,500 spending money, awarded as a check for winner only. The approximate retail value ("ARV") of each Grand Prize is $20,000. Weekly Prizes (75 total): Twenty-five prizes will be awarded each week, as follows: ten (10) from among all Registration entries received each week; ten (10) from among all Facebook® entries received each week; and five (5) from among all Twitter® entries received each week. Week 1 Prizes (25): A Shades of Wonder 1/6 Carat Total Weight Natural Brown and White Diamond Pendant in Sterling Silver and 10K Rose Gold (ARV $299 each). Week 2 Prizes (25): A Shades of Wonder Silver 1/4 Carat Total Weight Natural Champagne and Brown Diamond Pendant (ARV $399 each). Week 3 Prizes (25): A Shades of Wonder 1/4 Carat Total Weight Natural Brown, White and Champagne Diamonds set in a Sterling Silver and 10K Rose Gold Pendant (ARV $399 each). All prizes are Sponsor-specified. Availability of chain lengths vary by style.
Grand Prize details: The actual value of each Grand Prize may vary based on airfare fluctuations and distance between departure city and Sydney, Australia. Grand Prize travel must be taken from July 19, 2014 to July 26, 2014; from August 2, 2014 to August 9, 2014; or from September 6, 2014 to September 13, 2014, or prize will be forfeited. Specific itineraries will be provided to each Grand Prize winner once they are confirmed. Grand Prize winners may schedule their trips separately. Exact travel dates and arrangements are subject to availability, limitations, blackout dates, capacities, and other restrictions and are subject to change, in Sponsor's sole discretion. Meals, tips and other expenses not explicitly included in the Grand Prize package are the sole responsibility of each Grand Prize winner. Airline carrier's regulations apply. Grand Prize trips may not be combined with any other offer and travel may not qualify for frequent flyer miles. Each Grand Prize winner and his/her travel companion must travel together on the same itinerary. Each Grand Prize winner and his/her travel companion must possess valid travel documents (i.e., valid photo I.D. and passport) in order to travel. In the event any Grand Prize winner or travel companion engages in behavior that (as determined by Sponsor, in Sponsor's sole discretion) is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the trip or other applicable experience early, in whole or in part, and send the Grand Prize winner and his/her travel companion home with no further compensation. Sweepstakes Parties are not responsible for and assume no liability for cancellation or unavailability of specific flights.
Winners are solely responsible for all taxes in connection with the prize (if applicable), including without limitation federal, state and local taxes, and the reporting consequences thereof. Prizes (or any portions of prizes) are nontransferable, non-assignable, and no substitution or cash redemption is allowed, except that Sponsor reserves the right to award a prize of equal or greater value if an advertised prize (or portion of a prize) is unavailable.
- Random Drawings and Winner Notification: There will be three (3) separate weekly random drawings from among all eligible Facebook® entries received via Rule #2 during each week as defined above.
There will be three (3) separate weekly random drawings from among all eligible Registration/Refer-a-Friend entries received via Rule #2 during each week as defined above.
There will be three (3) separate weekly random drawings from among all eligible Twitter® entries received via Rule #2 during each week as defined above.
Weekly drawings will be conducted on or about the Monday following each weekly end date. The Grand Prize drawing will be conducted on or about April 14, 2014, from among all eligible Entries received during the entire Sweepstakes Period. Drawings will be conducted by the Administrator, an independent judging organization whose decisions are final on all matters relating to this Sweepstakes. Prizes will be awarded and potential winners who entered via Website will be notified by phone, email and/or mail. Facebook® Weekly winners will be notified via a comment on the Post thread and will be required to send a private Facebook® message with his/her name, email, and mailing address within 24 hours of the drawing date. If potential Facebook® Weekly winners do not respond within 24 hours, an alternate winner may be selected and notified via a comment on the Post. Twitter® Weekly winners will be notified by DM on Twitter®. Potential Twitter® Weekly winners must respond via email with his/her name, email, and mailing address within 24 hours of the message being sent. If potential Twitter® Weekly winners do not respond within 24 hours, an alternate winner may be selected and notified by DM on Twitter®. Winners will need to provide a valid email address and mailing address in order to receive prize. Weekly Prize winners may be required to verify address before delivery of prize. Each Grand Prize winner will be required to sign and return an Affidavit of Eligibility and Liability/Publicity Release (where legal) and Assignment of Rights to Administrator within five (5) days following the date of issuance of notification, which will be sent via email or USPS Priority Mail, or prize will be forfeited and an alternate winner selected. Each Grand Prize winner's travel companion must execute a Release of Liability prior to travel and must be 18 years of age or older. Return of any prize or prize notification as undeliverable may result in disqualification and alternate selection. Acceptance of a prize constitutes permission for Sweepstakes Parties to use winners' names (and each Grand Prize travel companion's name), pictures, likenesses and Entries for promotional purposes in any and all media throughout the Universe in perpetuity without further compensation except where prohibited by law. Odds of winning a prize are dependent upon the number of eligible Entries received (from each method of Entry) each week throughout the Sweepstakes Period or overall for Grand Prize winners.
- General Rules: By participating in this Sweepstakes, each participant agrees to be bound by these Official Rules and instructions and by all decisions of the Sweepstakes Parties, which are final and legally binding in all matters relating to this Sweepstakes. By participating, entrants and winners agree to release, discharge, indemnify and hold harmless the Sweepstakes Parties, Facebook® and Twitter® from and against any claims, damages, or liability due to any damages, or losses or injuries to any person (including death) or property of any kind resulting, in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of a prize or participation in any Sweepstakes-related activity or participation in this Sweepstakes. Entrants further agree not to pursue any right, claim or action against the Sweepstakes Parties, Facebook® and Twitter® in connection with their participation in this Sweepstakes. In order to participate in the Sweepstakes without receiving "tweets" on entrant's mobile phone, he/she must deactivate his/her mobile phone from his/her Twitter® account. No responsibility is assumed for lost, misdirected or late Entries. In the event of a dispute as to the identity of an entrant, the authorized account holder of the email/site account used to enter will be deemed to be the entrant. An "authorized account holder" of an email address/site account is the natural person in whose name the email address/site account has been issued by the Internet Access provider or on-line service provider or the applicable site. Sponsor is not responsible for lost, late, or misdirected Entries, technical hardware/software failures of any kind, lost/unavailable network connections, or failed/incomplete, garbled or delayed computer transmission, which may limit a user's ability to participate. Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry process or the operation of the Sweepstakes or websites; violates the Official Rules; or acts in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. By submitting an Entry, entrants hereby grant and irrevocably assign to Sponsor the exclusive irrevocable, perpetual, worldwide right, title and interest in and to the entry, including all rights to reproduce, publish, edit, market, store, adapt, assign, sell, dispose of, distribute, have distributed, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon, and promote the Entry or excerpts of the Entry (as such may be edited and modified by the Sponsor in its discretion) in perpetuity, for editorial, commercial, promotional and all other purposes (including posting on Sponsor-affiliated websites, and/or other Sponsor-selected media). Participants hereby disclaim any rights, including any copyright or any other intellectual property right, in or to the Entry following the assignment contemplated hereby. Sponsor and its agencies are not responsible for technical, hardware or software malfunctions, telephone failures of any kind, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications whether caused by the sender or by any of the equipment or programming associated with or utilized in this Sweepstakes which may limit the ability of an individual to participate in or accept a prize in the Sweepstakes, or by any human error which may occur in the processing of the Entries in this Sweepstakes. Sponsor and its agencies are not responsible for any typographical error in the printing of these Official Rules, administration of the Sweepstakes or in the announcement of the Sweepstakes prizes. Sponsor and its agencies are not responsible for damages to user's system occasioned by participating in the Sweepstakes or downloading any information to participate in the Sweepstakes. Sponsor reserves the right to modify or cancel any of the portions of the Sweepstakes if they become technically corrupted. In such event, Sponsor would award the prizes from among all applicable eligible Entries received each day (from each method of Entry) and overall prior to cancellation.
- Dispute Resolution: By entering this Sweepstakes, entrants agree that 1) Any and all disputes, claims, and of action arising out of or connected with the Sweepstakes or the prizes shall be resolved individually, without resort to any form of class action; 2) Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, and shall not include any punitive, consequential or other damages, including costs associated with entering the Sweepstakes but in no event include attorneys' fees; 3) The value of the prizes as set forth above represents Sponsor's determinations of the ARVs in its sole and absolute discretion thereof and such determinations are final and binding and cannot be appealed. If the actual value of a prize turns out to be less than the stated ARV, the difference will not be awarded in cash; and 4) Under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All dispute resolution shall be made by the Sponsor in its sole discretion. These Official Rules shall be governed by, and construed in accordance with the laws of the state of New York without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the state of New York. Any legal proceedings arising out of this Sweepstakes or relating to these Official Rules shall be instituted only in the federal or state courts located in the state of New York, and the parties consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these Official Rules.
- No Waiver: The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
- Winner List: For the names of the winners, send a self-addressed, stamped envelope, by June 14, 2014, to: Kay® Jewelers Shades of Wonder Sweepstakes Winners, 100 Marcus Drive (Dept. ES), Melville, NY 11747.
- Sponsor/Administrator: The Sponsor is Sterling Jewelers Inc., 375 Ghent Road, Akron, OH 44333. The Administrator is Don Jagoda Associates, Inc., 100 Marcus Drive, Melville, NY 11747.