ESDN SWEEPSTAKES OFFICIAL RULES
THE FOLLOWING PROMOTION IS VALID ONLY IN THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA ("D.C."). DO NOT PROCEED UNLESS YOU ARE AT LEAST 18 YEARS OLD (19 IF A RESIDENT OF ALABAMA OR NEBRASKA), HAVE AN ACTIVE EMAIL ADDRESS AS OF 11/1/11 AND ARE A LEGAL RESIDENT OF, AND CURRENTLY LOCATED IN, ONE OF THE 50 UNITED STATES OR D.C. VOID OUTSIDE THE 50 UNITED STATES/D.C. AND WHERE PROHIBITED. NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. INTERNET ACCESS IS REQUIRED.
- The Sweepstakes ("Sweepstakes"), sponsored by ESDN. ("Sponsor"), is open to legal residents of the 50 United States and D.C. who are 18 years of age or older (19 or older if a resident of Alabama or Nebraska) and have an active, valid e-mail address as of date of entry. Employees, officers and directors of Sponsor, participating retail jewelers, David Kessler & Associates, Inc. ("Administrator") (collectively, "Sweepstakes Entities"), their respective affiliates, subsidiaries, agents, sales representatives and promotion and advertising agencies, and members of the immediate families (defined for these purposes as spouse, biological, adoptive and step-parents, children, siblings, grandparents, grandchildren and each of their respective spouses, regardless of where they reside) or households (whether related or not) of any of the above are NOT eligible to participate. Proof of eligibility may be required.
- Entry into the Sweepstakes begins monthly at 12:00:01 am Eastern Time ("ET") on the first day of each month and ends at 11:59:59 pm ET on the last day of each month from November, 2011 through January, 2012. (the "Sweepstakes Period") The Sweepstakes consists of three (3) monthly prize drawings (each a "Monthly Drawing", and collectively, "Monthly Drawings",) each of which has a corresponding entry period ("Monthly Entry Period") as noted in Rule 3, below. Entries for each Monthly Drawing must be received by the last day of each Monthly Entry Period during the Sweepstakes Period, as noted in the Drawing Schedule in Rule 3, below. By participating in the Sweepstakes, each participant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of the Administrator. Administrator is independent of Sponsor, and Administrator’s decisions are final and binding in all matters relating to this Sweepstakes. This Sweepstakes is subject to all applicable federal, state and local laws and regulations.
- To enter, visit this Sweepstakes site during any Monthly Entry Period (see chart below), complete an online entry form with all required information, and submit the entry as instructed on-screen. Limit five (5) total entries per person/household for each Monthly Entry Period. If you exceed the entry limitation noted above, all entries you submit during the entire Sweepstakes Period will be disqualified. Proof of submission of an entry will not be deemed proof of receipt by Sponsor or its designees.
Monthly Drawing Schedule:
Monthly Drawing for Monthly Entry Periods Drawing Date November, 2011 11/1/2011 through 11/30/2011 12/12/2011 December, 2011 12/1/2011 through 12/31/2011 1/10/2012 January, 2012 1/1/2012 through 1/31/12 2/10/2012 Each Monthly Entry Period begins at 12:00:01 am ET and ends at 11:59:59 pm ET on the dates indicated above. Non-winning entries from one monthly entry period do not roll over into subsequent monthly entry periods.
- In the event of a dispute, entries will be deemed made by the authorized account holder of the e-mail address submitted at the time of entry. "Authorized account holder" means the natural person who was assigned the e-mail address by an Internet access provider, service provider or other online organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Each potential winner may be required to provide proof to Sponsor that he/she is the authorized account holder. Sponsor reserves the right to void all entries made through any robotic, automatic, mechanical, programmed or similar entry duplication method, or through a third-party sweepstakes entry service, and to disqualify any individual using such a method or service. Sweepstakes Entities are not responsible for: (i) electronic transmissions or entries that are lost, late, stolen, incomplete, illegible, damaged, garbled, destroyed, misdirected or not received by Sponsor or its agents for any reason; (ii) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication failures or human error that may occur in the transmission, receipt or processing of entries, or for destruction of or unauthorized access to, or alteration of, entries; (iii) failed or unavailable hardware, network, software or telephone transmissions, damage to entrants’ or any person’s computer and/or its contents, or causes beyond Sweepstakes Entities’ reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this Sweepstakes; (iv) any entries submitted in a manner that is not expressly allowed under these Rules; all such entries will be disqualified; (v) incorrect or inaccurate entry information whether caused by entrants or by any of the equipment or programming associated with or utilized in the Sweepstakes; (vi) any typographical or other error in the printing or advertising of the Sweepstakes, administration or execution of the Sweepstakes, or in the announcement of prize winners; or (vii) cheating or fraud by any participant. All incomplete or non-conforming entries will be disqualified. All entries become Sponsor’s property and will not be returned. If for any reason this Sweepstakes cannot be executed as planned, including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sweepstakes Entities that corrupt or affect the security, administration, fairness, integrity or proper conduct of this Sweepstakes, or if this Sweepstakes is compromised or becomes technically corrupted in any way, electronically or otherwise, Sponsor reserves the right to terminate this Sweepstakes. If this Sweepstakes is terminated before the stated end date of a Monthly Entry Period in progress, the Administrator will select the winners for the corresponding Monthly Drawing by random drawing from among all eligible entries received as of the termination time and date. Thereafter, no further Monthly Drawings (if any), will be held, and no further prizes (if any) will be awarded. Sponsor reserves the right, at its sole discretion, to disqualify and prosecute any individual who tampers with or attempts to tamper with the entry process or who enters using any automatic or programmed entry duplication method or entry service that is prohibited under these rules. CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEB SITE OR OTHERWISE CORRUPT OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY, PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
- One (1) prize will be awarded in each Monthly Drawing. Each prize consists of jewelry or a gift card redeemable for the purchase of jewelry of Sponsor’s choice with a total Approximate Retail Value ("ARV") of $1,000. Total ARV of all prizes to be awarded in this Sweepstakes: $3,000. If gift cards are distributed as prizes, gift cards are subject to all terms, conditions and policies of the issuer.
- The odds of winning a prize depend on the total number of eligible entries received in accordance with these Official Rules on or before the end date of each monthly Entry Period, as described in the Drawing Schedule in Rule 3, above. Prizes may not be transferred, assigned, redeemed for cash or substituted, in whole or in part, except that the Sponsor may substitute a prize or any component of a prize with a prize or prize component of equal or greater value in the event the stated prize/component becomes unavailable. All state, federal and local income taxes on prizes are solely the responsibility of each winner.
- On or about each of the dates noted in the in the Drawing Schedule in Rule 3 as "a Drawing Date", the Administrator will conduct a random drawing to select the potential winner for that Monthly Drawing’s prize from among all eligible entries received in accordance with these Official Rules on or before the end date of each monthly Entry Period, as described in the Drawing Schedule in Rule 3, above. Limit one (1) prize per household for the entire Sweepstakes Period. Each potential winner must comply fully with these Official Rules in order to be eligible to win a prize. Sponsor, Sponsor’s designees or Administrator will contact each potential winner by telephone, mail and/or e-mail. At Sponsor’s sole discretion, each potential winner may be required to complete, sign and return an Affidavit of Eligibility, Liability Release and a Publicity Release, within ten (10) days of initial written notification. Failure of any winner to comply with this condition, or the determination that a potential winner is not eligible to receive a prize, or the return of any prize or prize notification as undeliverable, will result in forfeiture of the corresponding prize. If a prize is forfeited for any reason, Sponsor will award the prize to an alternate winner selected in a random drawing from among the remaining entries in the applicable Monthly Drawing pool. Any alternate winner will be notified as described above and required (at Sponsor’s discretion) to complete and return the described documents in accordance with the provisions above. Prizes will be shipped within approximately 8 to 10 weeks following verification of eligibility.
- By entering, each entrant agrees to indemnify, release, defend and hold harmless the Sweepstakes Entities, their respective parent companies, subsidiaries, affiliates and agencies, and the officers, directors and employees of each of the foregoing (collectively, the "Released Parties"), from and against any and all liability for loss, harm, damage, injury, cost or expense whatsoever including, without limitation, property damage, personal injury (including without limitation emotional distress) and/or death, publicity rights, defamation or invasion of privacy or merchandise delivery arising from or in connection with participation in the Sweepstakes or the acceptance, possession and/or use/misuse of a prize (if awarded to him/her). Each winner, by accepting a prize, further acknowledges that the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to such prize or any component thereof, including, but not limited to, its quality, mechanical condition or fitness for a particular purpose.
- By participating, entrants agree that (a) any and all disputes, claims and causes of action arising out of, or connected with, this Sweepstakes or any prize awarded (if applicable) shall be resolved Individually, without resort to any form of class action, and exclusively by the appropriate state or federal court located in Wisconsin; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including but not limited to costs associated with entering this Sweepstakes but in no event attorneys’ fees; and (c) to the extent allowed by applicable law, under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental and/or consequential damages and/or any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrants’ rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of Wisconsin, without giving effect to any choice of law or conflict of law rules (whether of Wisconsin or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Wisconsin.
- 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 shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control.
- By accepting a prize, each winner consents to the use of his/her name, limited biographical information and/or likeness for advertising, promotion, public relations or trade purposes in commerce and in any media worldwide without limitation or additional compensation or notice.
- For the name of the monthly prize winner, visit www.nationalprizesweepstakes.com fifteen (15) days after the end of each Monthly Sweepstakes Drawing Date.
Sponsor: ESDN, ESDNetwork, 340 Midland Road, Suite 150, Janesville, WI 53546-2339
Administrator: David Kessler & Associates, Inc., 391 Castlewood Lane, Buffalo Grove, IL 60089
All other trademarks used herein are the property of their respective owners.
