Open Hearts Valentine’s Day Event Official Rules
No Purchase Necessary
Standard data and text messaging charges may apply.
- Eligibility: The Open Hearts Valentine’s Day Event (“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 and 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 is void where prohibited and subject to all federal, state and local laws and regulations. By entering, entrants acknowledge compliance with these Official Rules, including eligibility requirements.
- Four Ways To Enter: Sweepstakes begins 10:00 am Eastern Time (“ET”) January 1, 2012 and ends 4:00 pm ET February 14, 2012 (“Promotion Period”). Entrants may enter in one of the following four ways: (1) To enter via QR code: During the Promotion Period, scan/read the Quick Response (“QR”) code on specially marked Kay® catalogs, in-store displays or direct mail pieces with your camera-enabled Smartphone (“Smartphone”) which will automatically load to www.kayopenheartsevent.com (“Website”) onto your Smartphone. Follow the instructions on-screen to complete all required fields on the entry form to receive one (1) entry into the Sweepstakes. If you do not have a QR code reader, software is available by mobile download. NOTE: You must have a data service plan for your wireless device with your wireless service provider to link to the Website. If you do not have a data service plan or a camera-enabled Smartphone, you may enter via the Website method of entry as hereafter described. (2) To enter via the Website: During the Promotion period, visit the Website and complete all required fields of the on-screen entry form to receive one (1) entry into the Sweepstakes. (3) To enter via Text: During the Promotion Period, use your cellular phone or a two-way text-messaging capable device (collectively, the "Device") to text KAY to 89074 (“Text”). Once you have sent the Text, you will need to reply to a message verifying your eligibility (per these rules) and then you will receive a confirming text message and one (1) entry into the Sweepstakes. Standard carrier message and data rates may apply. Text STOP to cancel. Text HELP for help. All entries must be received by 4:00 pm ET on February 14, 2012 to be eligible for the Sweepstakes drawing. (4) To enter via Facebook®: Beginning at 10:00 am ET on January 9, 2012 and ending at 4:00 pm ET on February 14, 2012, visit the official Kay Jewelers Facebook® Fan Page at www.Facebook.com/KayJewelers. From the Fan Page, “Like” Kay Jewelers on Facebook®, accept the Sweepstakes Application (the “Application”) and complete all required fields of the on-screen registration form to receive one (1) entry into the Sweepstakes. Entrants must pay normal Internet access and usage charges that may be imposed by their online service providers, if entering via the Website method of entry. Limit one (1) entry per person/email address/mobile phone number per day, regardless of method of entry. Automated entries are prohibited, and any use of such automated devices will cause disqualification. 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. All entries, regardless of method of submission, 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.
- Prizes: Grand Prize (1): The Grand Prize winner receives a 5-day/4-night trip for two (2) to London, England. Trip includes round trip coach air transportation from the major airport nearest winner's residence to London, England, 4-nights hotel accommodations (based on double occupancy) at the K & K George Hotel or similar (based on availability), buffet breakfast at the hotel for 4-days, round trip ground transportation between airport and hotel, two (2) London travel pass cards, and $500, awarded in the form of a check, for the Grand Prize winner only. The Approximate Retail Value (“ARV”) of the Grand Prize is $6,600. First Prizes (10): A Sponsor-specified necklace from the Open Hearts by Jane Seymour® collection. The ARV of each First Prize is $749. Second Prizes (25): A copy of the book Among Angels, by Jane Seymour. The ARV of each Second Prize is $9.99.
The actual value of the Grand Prize may vary based on airfare fluctuations and distance between departure city and London, England. 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. 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 in London, England. Sponsor and its agencies assume no responsibility/liability for damages, losses or injury resulting from acceptance or use of a prize.
- Random Drawing and Winner Notification: The winners will be selected in a random drawing on or about February 21, 2012, from among all eligible entries received during the Promotion Period. Drawing 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 will be notified by phone, email and/or mail. Winners will not be notified via Facebook®. Return of any prize or prize notification as undeliverable may result in disqualification and alternate selection, time permitting. Grand and First Prize winners will be required to sign and return an Affidavit of Eligibility and Liability/Publicity Release (where legal) 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. Grand Prize winner’s travel companion must execute a Release of Liability prior to travel and must be 18 years of age or older. Second Prize winners will be automatically sent their prize within four to six weeks of drawing completion. Any winners who entered via Text will be contacted via the mobile phone number associated with winning Text entry to obtain a valid mailing address. Acceptance of a prize constitutes permission for Sweepstakes Parties to use winners’ names (and Grand Prize travel companion’s name), 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 a prize dependent upon the number of eligible entries received throughout the Promotion Period.
- 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, participants and winners agree to release, discharge, indemnify and hold harmless the Sweepstakes Parties and Facebook® 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 or Facebook® in connection with their participation in this Sweepstakes. No responsibility is assumed for lost, misdirected or late entries. Airline carrier'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 companion must travel together on same itinerary. Grand Prize winner and his/her travel companion must possess valid travel documents (i.e., valid passport) in order to travel. In the event the Grand Prize winner or the Grand Prize winner’s 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. In the event of a dispute as to the identity of an entrant, the authorized account holder of the email address or mobile account used to enter will be deemed to be the entrant. An “authorized account holder” of an email address or mobile account is the natural person in whose name the email address or mobile phone account that has been issued by the Internet Access provider, on-line service provider or mobile service provider. Sponsor is not responsible for lost, late, or misdirected entries/texts, technical hardware/software failures of any kind, SMS delays, 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. 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/texts 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 prize. 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 eligible entries/texts received 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.
- Privacy Policy: Entrants’ personal details may be used by Sponsor in accordance with their privacy policy located at www.kay.com.
- Winner List: For the names of the Grand and First Prize winners, send a self-addressed, stamped envelope, by April 15, 2012, to: Open Hearts Valentine’s Day Event Winners, Dept. MV, 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®.
Facebook® is a registered mark owned by Facebook®.
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