The Christmas Wish List giveaway ended Dec 25th
We are excited to announce the winners of our Christmas Wish List Giveaway! Congratulations to Melany R. of TX, Greg S. of MI, Candace R. of TX, Chelsea C. of AL, and Melody D. of TX. We appreciate everyone’s participation in our giveaway. Be sure to share your wish list with family and friends.
Official Contest Rules:
THIS GIVEAWAY IS INTENDED FOR PARTICIPATION ONLY IN THE UNITED STATES AND SHALL BE CONSTRUED ACCORDING TO, AND GOVERNED EXCLUSIVELY BY, UNITED STATES LAW. DO NOT PARTICIPATE IN THE GIVEAWAY IF YOU ARE NOT A LEGAL RESIDENT OF AND PHYSICALLY LOCATED IN ONE OF THE FIFTY (50) UNITED STATES, EXCEPT RHODE ISLAND, OR THE DISTRICT OF COLUMBIA, BUT NO OTHER U.S. TERRITORIES, AT THE TIME OF ENTRY OR YOU OTHERWISE DO NOT FALL WITHIN THE ELIGIBILITY REQUIREMENTS SET FORTH IN THE OFFICIAL RULES BELOW.
Eligibility: The “Wish List Giveaway” is offered and open only to legal residents of the fifty (50) United States, except for Rhode Island, and including the District of Columbia (but no other U.S. Territory), who are 18 years or older at time of entry, and who currently reside in the United States. Any employee of James Avery Craftsman, Inc. (“James Avery”) and their immediate family members (spouse, siblings, children, and parents) or its affiliates are not eligible to enter. The Giveaway is void where prohibited or restricted by law and is subject to all federal, state and local laws and regulations. By participating, the winner agrees to abide by these official rules and legal conditions and to accept all decisions of James Avery, which are final and binding on all matters pertaining to this Giveaway.
Entry: NO PURCHASE NECESSARY TO ENTER OR WIN. To receive an automatic entry (“Entry”), participants must create a James Avery Wish List at jamesavery.com with a valid email address with the name “Christmas 2012” between 12:01 a.m. Central Time (CT) on November 1, 2012 and 11:59 p.m. Central Time (CT) on December 25, 2012 (the “Giveaway Period”). All time referenced herein is Central Time.
Entry does not depend on number of products added or deleted, and you may add or delete products at any time from your Wish List during the Giveaway Period. Only one Entry per person per unique email address will be permitted.
James Avery will not be responsible for lost, late, incomplete, stolen, illegible, illegitimate, impermissible or misdirected Entries for any reason. Entries submitted using any kind of bot or automated technology will be deleted and disqualified.
Prize; Selection; Notification: Five (5) winners will be randomly selected by James Avery on January 3, 2013 from among all eligible Entries received during the Giveaway Period. Winners will receive the items (“Contents”) of their “Christmas 2012” Wish List that total up to a retail value of $1,000, but not to exceed $1,000. If the total retail value of the “Contents” is less than $1,000, then a James Avery Gift Card will be awarded for the difference so that the total award of “Contents” and Gift Card Value will be $1,000. If the total retail value of a Winner’s “Contents” is more than $1,000, then James Avery will contact the Winner and allow the Winner to choose which items in the “Contents” that the Winner would like to receive, not to exceed $1,000. Then the difference will be awarded in a James Avery Gift Card such that the total retail value of the prize is $1,000. The James Avery Gift Cards awarded are non-transferable and cannot be redeemed for cash. Additionally, the Wish List Content’s retail value is non-transferable, prior to receipt, and the items in the Contents cannot be redeemed for cash. Other restrictions may apply. James Avery reserves the right to substitute item(s) of equal or lesser value, if necessary; however, the total retail value of all of the prizes will be $1,000 in a combination of Contents and Gift Card value. Only the determined and notified winners may receive the prize. If the Winners do not claim their prize by January 25, 2013, the prize will be forfeited and it will be awarded to an alternate Winner who will be randomly selected and who will be required to respond by February 28, 2013. In the event of a dispute as to the identity of a Winner based on an email address, the winning Entry will be declared made by the authorized account holder connected with the Wish List and to whom the account’s email address is assigned. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, on-line service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
Winners will be notified by e-mail and/or telephone within approximately two (2) weeks of the drawing with contact information supplied during JamesAvery.com account creation, and will receive instructions on how to obtain their prize. In James Avery’s sole discretion and in conformity with applicable law, the name and state of the winner of the Giveaway may be posted on jamesavery.com and related social and electronic media outlets. Each winner is responsible for all applicable taxes and must sign and complete a W-9 form, and where permitted by law, must also sign an Affidavit of Eligibility and Compliance with Rules and Liability/Publicity Release, before their prize(s) can be received.
Odds: The odds of winning a prize depend on the total number of eligible Entries received, but there will only be 5 Winners. James Avery will in good faith attempt to provide prizing from the Wish List that is closest to the actual retail value, if a product is unavailable.
Conditions of Participation: Nothing in these official Giveaway rules shall obligate James Avery to publish or otherwise use any Wish List submitted in connection with this Giveaway. By entering and/or accepting a prize, participants and Winners agree to hold James Avery, its directors, officers, employees and assigns harmless from liability, damages or claims for injury or loss to any person or relating to, in whole or in part, directly or indirectly, participation in this Giveaway, the acceptance and/or subsequent use or misuse, or condition of any of the prizes awarded, or claims based on publicity rights, defamation, or invasion of privacy. False or deceptive entries or acts will render the participant ineligible. If such information is discovered by James Avery after each Winner has received notice of his/her prize and before the prize is awarded, James Avery will withdraw the prize in its entirety. If a portion of his/her prize has already been awarded, James Avery will withdraw the remainder of the prize that has not been fulfilled.
Use of Information: By participating in the Giveaway, each Winner consents to the use of his/her name for advertising and publicity purposes without further compensation, and without the right of review, notification or approval, where permitted. PLEASE REVIEW JAMES AVERY’S PRIVACY POLICY AT: http://secure.jamesavery.com/info/privacy.jsp.
Modification or Cancellation: James Avery reserves the right, in its sole discretion, to modify or cancel the Giveaway without prior notice should any event, including but not limited to a virus, bug, technical or computer problem, unauthorized intervention, fraud, or other cause beyond James Avery’s control corrupt or adversely affect the administration, security, fairness, or proper play of the Giveaway, or otherwise impair its integrity. In the event of cancellation, James Avery may elect to award prizes to the potential winners from among all eligible participants who entered the Giveaway prior to cancellation. Any attempt made by you to undermine the legitimate operation of the Giveaway may be a violation of criminal and civil laws and, should such an attempt be made, James Avery reserves the right to seek damages from and prosecute you to the fullest extent permitted by law.
Liability: James Avery assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. James Avery is not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, hardware, software, failure of any Entry to be received by James Avery on account of technical problems, human error or traffic congestion on the Internet or at any website, lost or unavailable network connections, fraud, incomplete, garbled or delayed transmissions, or any combination thereof, including any injury or damage to your or any other person's computer relating to or resulting from participation in the Giveaway or downloading any materials in the Giveaway, or which limits your ability to participate in the Giveaway.
By entering the Giveaway, you release and hold harmless James Avery and its affiliates, and their respective directors, officers, employees, agents and representatives from any and all liabilities, injuries, claims, losses, damages or expenses of any kind arising from or in connection with the Giveaway or acceptance or use of any prize won. Winner agrees that James Avery and its affiliates, and their respective directors, officers, employees, agents and representatives are not liable whatsoever for injury, damage, expense, accident, delay, irregularities, loss or claim caused or claimed to be caused, directly or indirectly, by participation in the Giveaway, or by the acceptance, possession, use or misuse of any prizes awarded.
Any and all claims, judgments and awards shall be limited to reasonable actual out of pocket costs incurred, including costs associated with entering the Giveaway, but in no event shall you be entitled to attorneys' fees. Under no circumstances will you be permitted to obtain awards for and you hereby waive all rights of claim to punitive, incidental and consequential damages and any other damages, other than for reasonable actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
JAMES AVERY MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE CONDITION OF THE PRIZE, OR ANY PRODUCT OR SERVICE PURCHASED THEREWITH, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Dispute Resolution: James Avery’s decisions as to all matters related to the administration of the Giveaway and selection of the prize winner are final, and by entering the Giveaway you agree to abide by these official rules and all of James Avery’s decisions.
You agree that any and all disputes, claims, and causes of action arising out of or connected with the Giveaway, or any prizes awarded, other than the administration of the Giveaway or the determination of winners, shall be resolved individually, without resort to any form of class action, in accordance with the laws of the State of Texas, and exclusively by either the U.S. District Court located in San Antonio, Texas or the appropriate Texas state court within Bexar County, Texas. By participating in the Giveaway, you consent to the personal jurisdiction of such courts and waive any and all objections thereto.
Winners’ List and Sponsor: To obtain the names and states of the prize winners, mail a self-addressed, stamped envelope, accompanied by a hand-printed request indicating “Wish List Giveaway Winners List” to the Sponsor:
James Avery Craftsman, Inc.
Attention: Wish List Giveaway Winners List
P.O.Box 291367
Kerrville, Texas 78029
The Winners’ List will be available on and after the date the winners are randomly selected. Vermont resident may exclude return postage.
