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.
- 1. 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.
- 2. 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.
- 3. 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:
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Monthly Drawing for
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Monthly Entry Periods
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Drawing Date
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November, 2011
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11/1/2011 through 11/30/2011
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12/12/2011
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December, 2011
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12/1/2011 through 12/31/2011
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1/10/2012
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January, 2012
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1/1/2012 through 1/31/12
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2/10/2012
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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.
- 4. 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, Sweepstakes Rules 20111101BB 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.
- 5. 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. Sweepstakes
Rules 20111101BB
- 6. 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.
- 7. 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.
- 8. 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.
- 9. 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 Sweepstakes Rules 20111101BB
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.
- 10. 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.
- 11. 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.
- 12. 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.