#KayLovesFamily Sweepstakes Official Rules
No Purchase Necessary
- Eligibility: The #KayLovesFamily Sweepstakes ("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, officers, directors 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 and siblings) 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 federal, state and local laws and regulations. Void where prohibited. By entering, entrants acknowledge compliance with these Official Rules, including eligibility requirements.
- How To Enter for Weekly and Grand Prize Drawings: Sweepstakes begins 10:00 am Eastern Time ("ET") April 15, 2013 and ends 4:00 pm ET May 12, 2013 ("Promotion Period"). There will be four (4) weekly drawing periods, beginning each Monday at 12:00 am ET during the Promotion Period and ending each Sunday at 11:59 pm ET during the Promotion Period with the following two exceptions: The first weekly drawing period will begin at 10:00 am ET on Monday, April 15, 2013 and will end 11:59 pm ET on April 21, 2013 and the final weekly drawing period will begin at 12:00 am ET on May 6, 2013 and end at 4:00 pm ET on May 12, 2013. To enter via Facebook, during the Promotion Period, visit the official Kay Jewelers Facebook® Page at www.Facebook.com/KayJewelers. Follow the instructions to "Like" Kay Jewelers on Facebook®, accept the Sweepstakes Application (the "Application") and complete all required fields of the on-screen registration form. Then upload between two (2) and four (4) photos to create your scrapbook page ("Scrapbook Page") to receive one (1) registration entry into that weekly drawing period and the Grand Prize drawing. Entrants must complete one (1) Scrapbook Page to be registered. Entrants must pay normal Internet access and usage charges that may be imposed by their online service providers. Limit one (1) registration entry per person/email address per day. 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. Entries will not carry forward for subsequent weekly drawings but will be eligible for the Grand Prize drawing.
Bonus Entries for Grand and Weekly Drawings (Excluding Twitter Drawings): To earn additional entries during the Promotion Period, from the Thank You or Already Registered Page on the Kay Jewelers Facebook® page, you will be prompted to invite friends to visit the Sponsor's Facebook Page and enter the Sweepstakes. You will receive an additional entry for each friend you invite that subsequently registers for the Sweepstakes (up to 25) through your link ("Refer-a-Friend entry"). Refer-a-Friend entries will be eligible for the weekly drawing period in which your friend enters and the Grand Prize drawing. Limit twenty-five (25) Refer-a-Friend entries per person/email address for the entire Promotion Period.
How To Enter for Weekly Twitter Drawings Only: To enter via Twitter for separate weekly Twitter drawings, during the Promotion Period, you may Tweet a message with the hashtag #KayLovesFamily along with a family photo to earn one Twitter entry into that weekly drawing period only. A mutual following is suggested to facilitate active participation. You must be an @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 Twitter Weekly 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. 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.
Submission: 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.
Entry Requirements: In order to be entered into the Sweepstakes on Facebook or Twitter, Entrants must comply with registration instructions when submitting their entry. All photos must be in one of the following formats: .gif, .jpg, .png, .jp2, .wbmp, .xbm, no larger than six megabytes. The Scrapbook Page and/or photo submitted through Twitter, and all entry components ("Entry") may not contain obscene, lewd or inappropriate content, as determined in Sponsor's sole discretion. Any Entry or portion thereof that is, in the Sponsor's sole discretion, obscene, profane, lewd, defamatory, contains any third party materials, or otherwise violates or infringes (or may infringe) any copyright, trademark, logo, mark that identifies a brand or other 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. Entrants may not copy or otherwise plagiarize the Entry from any source. Sponsor has the sole discretion to determine whether an Entry qualifies as an Entry. All Entries must be the sole, original work of the entrants. Modifying, enhancing or altering a third party's pre-existing work does not qualify as an original work. In such an event, the Entry will be disqualified from the Sweepstakes. Entries become the property of the Sponsor and will not be acknowledged or returned. Automated, script, macro or robotic entries submitted by individuals will be disqualified. Entries must be in keeping with Sponsor's image and may not be offensive, as determined by Sponsor in its sole discretion, nor can it defame or invade publicity rights or privacy rights of any person, living or deceased, or otherwise infringe upon any person's personal or proprietary rights. Any Entry not in compliance with the above and which does not meet the requirements of these Official Rules will be disqualified. By entering, you agree to waive any rights you may have to the Entry submitted. Entries may be posted on the Sponsor's website, and may be posted on other non-affiliated websites, in Sponsor's sole discretion. Each Entrant attests that he/she has made all those depicted in the Entry aware that he/she is submitting an Entry containing them in this Sweepstakes, and all depicted (or parent/legal guardian for any minors depicted) have agreed that Entrant may submit such Entry. By entering, you understand that your Entry, in its entirety or any portion thereof, may (in Sponsor's sole discretion) be posted on the Sponsor's Facebook page and/or used in other Sponsor-selected media. In Sponsor's discretion, you may be required to obtain and submit signed release forms at any time from each of the people appearing/depicted in your Entry. Failure to do so within time frame specified by Sponsor may result in disqualification. Entry, combined with Refer-a-friend entry, will be collectively "Entry." Normal Internet access and usage charges imposed by Entrants' online service will apply and are Entrants' sole responsibility.
- Prizes and Approximate Retail Values ("ARV"): Grand Prize (1): The Grand Prize winner will receive his/her choice of one (1) of the following three (3) trips: (A) 6-day/5-night trip for four (4) to Orlando, Florida, including round trip coach class air transportation from the major airport nearest the winner's residence to Orlando, Florida, round trip ground transportation between the airport and resort in Florida, five (5) nights hotel accommodations (based on double occupancy) at Disney's All Star Music, Sports or Pop Resort or similar, four (4) length of stay Ultimate park hopper passes which includes unlimited admission to the following theme parks: Magic Kingdom®, Disney-MGM Studios, Epcot®, Disney's Animal Kingdom®, Disney's Typhoon Lagoon Water Park, Disney's Blizzard Beach Water Park, Downtown Disney® Pleasure Island, Disney Quest® Indoor Interactive Theme Park, and Disney's Wide world of Sports® Complex, and $500, awarded in the form of a check, for the Grand Prize winner only; or (B) 4-day/3 night trip for four (4) to Aspen, Colorado, including round trip coach class air transportation from the major airport nearest the winner's residence to Aspen or Denver, Colorado, round trip ground transportation between the airport and resort, three (3) nights hotel accommodations [with one (1) bedroom and (1) bathroom condominium accommodation, based on quad occupancy] at the Grant Resort or similar, four (4) day equipment rental and lift tickets, and $500, awarded in the form of a check, for the Grand Prize winner only; or (C) 5-day/4-night cruise for four (4) aboard a Sponsor-selected Royal Caribbean Cruise, including round trip coach class air transportation from the major airport nearest the winner's residence to Tampa, Florida, round trip ground transportation between the airport and the pier, four (4) nights outside cabin accommodations aboard the Brilliance of the Seas or similar (based on quad occupancy) including ports at Tampa and Cozumel (ports subject to change), all meals and entertainment on board and $500, awarded in the form of a check, for the Grand Prize winner only. The approximate retail value ("ARV") of each trip is $7,500. The actual value of the Grand Prize may vary based on airfare fluctuations and distance between departure city and destinations. Grand Prize travel must be completed within one (1) year of prize award or prize will be forfeited. 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 the Grand Prize winner. In the event the Grand Prize winner selects the cruise and is under 21 years of age at time of travel, his/her guest must be 21 years of age or older at time of travel. Airline carrier's and cruise ship's regulations apply. Grand Prize trip may not be combined with any other offer and travel may not qualify for frequent flyer miles. The Grand Prize winner and his/her travel companions must travel together on same itinerary. Grand Prize winner and his/her travel companions must possess valid travel documents (i.e., valid passport) in order to travel, if required for designated travel. In the event the Grand Prize winner or the Grand Prize winner's travel companions 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 companions home with no further compensation. Winners are solely responsible for all taxes in connection with the prizes, 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. Sweepstakes Parties are not responsible for and assume no liability for cancellation or unavailability of specific flights, or other attractions. Sponsor and its agencies assume no responsibility/liability for damages, losses or injury resulting from acceptance or use of a prize.
Weekly Prizes: Week 1 Prizes (10): A Diamond "Mom" Necklace Round-cut Sterling Silver (ARV: $115 each). Week 2 Prizes (10): A Diamond Necklace 1/20 ct tw Round-cut Sterling Silver (ARV: $119.99 each). Week 3 Prizes (10): A Bulova Women's Watch Diamond Collection 98P119 (ARV: $299 each). Week 4 Prizes (10): A Charmed Memories® starter bracelet featuring one (1) "Best Mom" Sterling Silver Charm, two (2) Charmed Memories® Swarovski Elements Sterling Silver Charms, two (2) Charmed Memories® Sterling Silver Stoppers, and one (1) Charmed Memories® Sterling Silver Charm Bracelet (ARV: $238.94 each). Twitter Weekly Prizes (4): One (1) Sponsor selected jewelry product (Maximum ARV: $599 each).
- Random Drawings and Winner Notification: The Weekly Prize winners will be selected in four weekly random drawings. Ten (10) winners will be selected each week from among all eligible Entries received during each week via Facebook as defined above. There will be four separate Twitter Weekly Random drawings. One (1) winner each week will be selected from among all eligible Entries received during each week via Twitter as defined above. Weekly Entries will not be carried forward for subsequent weekly drawings, if any. 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 May 13, 2013, from among all eligible Entries received (excluding the Twitter Entries) during the entire Promotion 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 Facebook will be notified by phone, email and/or mail. Winners will not be notified via Facebook®. Potential winners who entered via Twitter will be notified by direct message on Twitter. Potential winner(s) must respond via email with name and mailing address within 24 hours of the message being sent. If potential winner(s) do not respond within 24 hours, an alternate winner may be selected and notified by direct message on Twitter. Return of any prize or prize notification as undeliverable may result in disqualification and alternate selection. 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 10 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. Weekly Prize winners may be required to verify address before delivery of prize. Grand Prize winner's travel companions (or winner as parent/legal guardian if travel companion is a minor and his/her child) must execute a Release of Liability prior to travel. Acceptance of a prize constitutes permission for Sweepstakes Parties to use winners' names (and Grand Prize winner's travel companions' names), pictures, and likenesses for promotional purposes in any and all media throughout the Universe in perpetuity without further compensation except where prohibited by law. Odds of winning the Grand Prize are dependent upon the number of eligible Entries received throughout the Promotion Period (excluding Twitter Entries). Odds of winning a Weekly Prize are dependent upon the number of eligible Entries received throughout each weekly drawing period (excluding Twitter Entries). Odds of winning a Weekly Twitter Prize are dependent upon the number of eligible Entries received throughout each weekly drawing period via Twitter only.
- 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 used to enter will be deemed to be the entrant. An "authorized account holder" of an email address or is the natural person in whose name the email address has been issued by the Internet Access provider or on-line service provider. 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 website; 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 week 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 12, 2013, to: #KayLovesFamily Sweepstakes Winners 2013, Dept. ES, 100 Marcus Drive, 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.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook®. Facebook® is a registered trademark of Facebook®, Inc. Any questions or complaints regarding this Sweepstakes shall be directed to Sterling Jewelers Inc., not Facebook®. You understand that you are providing your information to Sterling Jewelers Inc. and not to Facebook®.
Twitter is not a sponsor of this Sweepstakes and is not involved in any way other than as one medium through which this Sweepstakes is conducted.
Facebook® is a registered mark owned by Facebook®.