Winter Sweepstakes 2015
“Enter the Vault Winter Giveaway"
PLEASE READ THESE OFFICIAL RULES CAREFULLY BEFORE ENTERING THE PROMOTION. DO NOT ENTER THE PROMOTION IF YOU HAVE NOT READ OR DO NOT AGREE TO THESE OFFICIAL RULES.
THESE OFFICIAL RULES AFFECT YOUR LEGAL RIGHTS BY REQUIRING BINDING ARBITRATION OF CLAIMS, WAIVING CLASS ACTION CLAIMS, AND WAIVING THE RIGHT TO TRIAL BY JURY. IF YOU DO NOT AGREE TO ARBITRATE YOUR CLAIMS AGAINST SPONSOR, DO NOT ENTER THE PROMOTION. BY ENTERING THE PROMOTION, YOU AGREE ALL CLAIMS OR DISPUTES BETWEEN US THAT ARISE OUT OF OR RELATE TO THE PROMOTION OR YOUR PARTICIPATION MUST BE RESOLVED THROUGH MANDATORY, BINDING ARBITRATION, RATHER THAN LITIGATION IN COURT. YOUR ENTRY OR PARTICIPATION IN THE PROMOTION SIGNIFIES YOUR AGREEMENT TO THESE OFFICIAL RULES.
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT IMPROVE YOUR CHANCES OF WINNING.
- ELIGIBILITY: The Enter the Vault Winter Giveaway (the “Promotion”) is open only to legal residents of the 50 United States and the District of Columbia, who are eighteen (18) years or older at the time of entry. The Promotion is subject to all applicable federal, state, and local laws and regulations, and is void where prohibited. Employees and members of Fragrant Jewels LLC and its affiliated companies, subsidiaries, advertising agencies, promotional and marketing agencies and anyone else involved in the production or handling of the Promotion (and their immediate family members and those living in the same households) are ineligible.
- SPONSOR: Fragrant Jewels LLC, 2417 E. 24th Street, Los Angeles, California 90058, is the Sponsor of the Promotion.
- PROMOTION PERIOD: The Promotion begins November 25, 2015, and ends January 25, 2016, or when all codes allotted to this Promotion have been distributed or if all prizes for this Promotion have been claimed, whichever occurs first. If all codes allotted to this Promotion have been distributed or if all prizes for this Promotion have been claimed prior to January 25, 2016, Sponsor will publish a notice on the www.fragrantjewels.com website indicating that this Promotion has ended. There will be 1,000,000 codes allotted to the Promotion, each bearing an alpha-numeric serial number and a sweepstakes identifier code entitled “WTR” (each, a "Winter Series Code"). Only Winter Series Codes are valid for this Promotion. Similar promotions may be offered at different times or at the same time and with different code/series designations. Entry into each promotion is separate. Entry into one promotion is not entry into any other. The time period to enter valid Winter Series Codes for the Promotion online in accordance with Rule 5 below begins November 25, 2015 and ends February 8, 2016 ("Code Entry Period").
- HOW TO OBTAIN A WINTER SERIES CODE:
- Fragrant Jewels Products. Purchase any Fragrant Jewels product from www.fragrantjewels.com and find the Winter Series Code displayed on the tag included with the ring or other jewelry item contained within the product.
- Via Mail. To request a Winter Series Code enter without purchasing a Fragrant Jewels product by mailing a legibly handwritten, self-addressed, stamped envelope (“SASE”) with sufficient postage (residents of Vermont may omit return postage) and a return address, including first and last name, date of birth, email address, street address, city, state and ZIP code on a 3” x 5” piece of paper to: Fragrant Jewels LLC, Attention: Enter the Vault Winter 2015 Giveaway, 3030 Lyndon B. Johnson Freeway, Suite 300, Dallas, TX 75234. One Winter Series Code will be mailed in response to each mail-in request. Mail-in requests must be handwritten and the outer envelope must contain the same return address as the requestor’s address on the SASE where the Winter Series Code will be sent. Requests made by any other individual or any entity, and/or originating at any other website or e-mail address or phone number, including but not limited to commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified. Mail-in requests must be postmarked by on a date between November 25, 2015 and January 25, 2016, and received by Sponsor by February 1, 2016.
All requests become the exclusive property of Sponsor and none will be acknowledged or returned. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, illegible, misdirected or postage-due entries, which will be disqualified. No mechanically reproduced mail-in requests are allowed and any use of robotic, automatic, programmed or the like methods will be void.
- HOW TO ENTER: Once you have a valid Winter Series Code for the Promotion, visit fragrantjewels.com/vault (the "Website") during the Code Entry Period and follow the on-screen instructions to enter your Winter Series Code. Each Winter Series Code is unique and may be entered in the Promotion only one time. Any attempt to enter the same Winter Series Code more than one (1) time will be rejected and may result in disqualification.
- WINNER SELECTION: Upon the entry of a valid Winter Series Code at the Website during the Code Entry Period, a message will appear on the screen whether the Winter Series Code entry qualifies to win a prize. If the on-screen message reveals a prize, you are the potential winner of that prize and you may claim your prize (subject to validation) by following the instructions set forth in Rule 8 below. If the on-screen message indicates that the Winter Series Code entry does not qualify to win a prize, then that Winter Series Code entry is not a winning code entry. Winning code entry submissions are determined by timing. A winning code entry submission is an entry submitted at (or closest after) the randomly selected moment in time assigned to each prize by a computer randomization program. All prizes are awarded at random from a pool of all prizes identified below, and some prizes, including the most valuable prizes, may not be available when you enter.
- ODDS / PRIZES: The odds of winning a prize with any given code entry depend on the number and timing of valid code-entry submissions. There are a maximum of 1,000,000 codes available in this Promotion, with a maximum total of 176 prizes available as follows:
· Six (6) Grand Prizes: A gold or platinum diamond ring, with a retail value of approximately $10,000 (selection of gold or platinum subject to Sponsor’s discretion);
· Twenty (20) First Prizes: A silver or gold ring set with diamonds and/or precious or semi-precious stones, with a retail value of approximately $1,000 (selection of silver or gold, and type of stones subject to Sponsor’s discretion); and
· One Hundred Fifty (150) Second Prizes: A sterling silver ring set with semi-precious stones or lab-created gemstones, with a retail value of approximately $100 (selection of type of stones subject to Sponsor’s discretion).
Total approximate retail value of all prizes in the Promotion is $95,000. Any images of prizes are for illustration only; actual prizes may differ from those illustrated. No prize substitutions or transfers will be allowed, except in Sponsor’s discretion. Sponsor reserves the right to substitute a prize of comparable value in Sponsor's discretion in the event any advertised prize becomes unavailable. Winners are responsible for all taxes due as a result of receipt of a prize and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize. Any person winning over $600.00 USD in aggregate prizes from Sponsor will receive an Internal Revenue Service (“IRS”) Form 1099 at the end of the calendar year, and a copy of such form will be filed with the IRS. If required by law, as determined by Sponsor in its sole discretion, Sponsor reserves the right to withhold (or collect) and remit to the appropriate taxing authorities the amount of any taxes due. Sponsor also reserves the right to require all winners of prizes with a value of greater than $600.00 USD to submit an IRS Form W-9 prior to being deemed eligible to receive the respective prize.
Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Sweepstakes.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
- PRIZE CLAIMS: If you receive an on-screen message that your Winter Series Code entry qualifies to win a prize, you may submit a prize claim by mailing your code along with a piece of paper with your name, date of birth, address, phone number, and e-mail address to Fragrant Jewels LLC, Attention: Enter the Vault Winter Giveaway. Prize claims must be submitted between November 25, 2015 and February 25, 2016 ("Prize Claim Period"), and any postal submission must be received by Sponsor no later than March 1, 2016. Late claims will not be accepted. Unclaimed prizes will not be awarded. Retain a copy of your submission for your records. Proof of submission is not proof of receipt. All codes, code submissions, and other Promotion materials are subject to validation. Original Winter Series Code must be submitted with any claim. No photocopies or other reproductions will be accepted. You are not a winner until your prize claim is validated and you receive official written notification from Sponsor and/or its designated agent. Winter Series Codes or other prize claim submissions are void if not legible, if not obtained legitimately in accordance with these Official Rules, or if forged, reproduced, duplicated, mutilated, altered, copied, hand-printed, water damaged, tampered with, or if they contain any computer programming, printing, mechanical or typographical errors or any other errors of any kind. Each winner may be required to execute an Affidavit of Eligibility, a Liability Release, and (where legal) a Publicity Release within seven (7) days of delivery to his/her address. If any potential winner cannot be contacted despite diligent efforts within seven (7) days, is ineligible, fails to claim a prize within seven (7) days of notice or fails to return the completed and executed Affidavit/Release when requested within seven 7 days of such request, the prize will be forfeited. If any eligible winner is deemed a minor under the laws of his/her state of residence, the prize may be awarded in the name of a parent or legal guardian of the minor, or the minor's parent or legal guardian may be required to ratify and sign all prize claim documents. Winners should expect that prizes may not be delivered until up to six weeks after validation of claim.
- PUBLICITY RELEASE: By participating in the Promotion, each winner, except where prohibited by law, grants Sponsor, and its designees the right to use the winner's name, likeness, picture, portrait, hometown, voice, biographical information and written submissions and written or oral statements, a description of the prize won, in any and all media, now known or hereafter devised, for any purpose, including without limitation, for advertising and promotional purposes without additional compensation, review or approval rights, notification or permission, and each winner hereby releases Sponsor, and its members, subsidiaries, affiliates, partners, employees, directors, and agents, including advertising agencies ("Released Entities") from any liability with respect thereto.
- GENERAL CONDITIONS: If, for any reason, the Promotion is not capable of running as originally planned, Sponsor reserves the right to cancel, suspend or modify the Promotion or any portion(s) thereof and to award any prizes in a fair and equitable manner, as determined by Sponsor, in light of the circumstances. Any person attempting to defraud Sponsor or tamper with the Promotion in any way may be prosecuted to the full extent permitted by law and will not be eligible for a prize. No responsibility is assumed for: (i) lost, late, misdirected, damaged, garbled, incomplete or illegible entries or mail-in requests, all of which are void; (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to entrant's or any other person's computer related to or resulting from participating in the Promotion. Only the type and quantity of prizes described in these Official Rules will be awarded. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy in such circumstances.
- LIABILITY RELEASE: By participating in the Promotion, you hereby release the Released Entities from any and against any and all injury, loss or damage caused or claimed to be caused by your participation in the Promotion and/or the acceptance, awarding, receipt, use and/or misuse of the prize, and you agree that Released Entities are not responsible for any warranty, representation, or guarantee, expressed or implied, in fact or in law, relating to the Promotion and/or the awarding of any prize, except as expressly set forth in these Official Rules; you further agree that (i) any and all disputes, claims, and causes of action arising out of or in connection with the Promotion, or any prize awarded, shall be resolved individually by arbitration in accordance with Rule 13 below without resort to any form of class action; (ii) any claims, judgments and awards shall be limited to reasonable and actual out-of-pocket costs incurred, including costs associated with entering the Promotion, but in no event attorney's fees; and (iii) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED AND ANY OTHER DAMAGES, OTHER THAN DAMAGES FOR REASONABLE AND ACTUAL OUT-OF-POCKET EXPENSES.
- GOVERNING LAW: These Official Rules, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Promotion shall be governed and construed in accordance with the internal laws of the State of California, without regard to principles of conflicts of laws.
- DISPUTES; ARBITRATION:
- YOU AND SPONSOR AGREE THAT ANY DISPUTE, CONTROVERSY OR CLAIM, WHETHER AT LAW OR EQUITY, ARISING OUT OF OR RELATED THE PROMOTION OR THESE OFFICIAL RULES, REGARDLESS OF THE DATE OF ACCRUAL OF SUCH DISPUTE, CONTROVERSY OR CLAIM, SHALL BE RESOLVED IN ITS ENTIRETY BY INDIVIDUAL (NOT CLASSWIDE NOR COLLECTIVE) BINDING ARBITRATION.
- By participating in the Promotion, each participant agrees that: (i) any claim, dispute, or controversy (whether in contract, tort, or otherwise) the entrant may have against Sponsor arising out of, relating to, or connected in any way with the Promotion, the awarding or redemption of any Winter Series Code or prize and/or the determination of the scope or applicability of these Official Rules to arbitrate, will be resolved exclusively by final and binding arbitration; (ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration shall be held in the county where you reside and will be determined by a single arbitrator; (iv) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable participant may have entered into in connection with the Promotion; (v) the arbitrator shall apply California law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the entrant’s and/or the applicable individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) the arbitrator shall not have the power to award punitive damages against the entrant or against Sponsor; (viii) in the event that the administrative fees and deposits that must be paid to initiate arbitration against Sponsor exceed $125 and the entrant is unable to pay any fees and deposits that exceed this amount, Sponsor agrees to pay them and/or forward them on the entrant’s behalf. In addition, if entrant is able to demonstrate that the costs of arbitration will be in excess of such amount, Sponsor will pay as much of entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (ix) if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.
- LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THE WEBSITE OR INTERFERE WITH THE OPERATION OF THE PROMOTION, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
- WINNER LIST: For a list of winners, available after March 10, 2016, send a self-addressed, stamped envelope to “Enter the Vault Winter 2015 Giveaway Winner List,” c/o Fragrant Jewels, LLC, 2417 E. 24th Street, Los Angeles, California 90058. Requests must be received within ninety (90) days from the end of the Code Entry Period.