JAMES AVERY "CHRISTMAS 2019 GIVEAWAY" ("SWEEPSTAKES") OFFICIAL RULES
DECEMBER 2, 2019 at 10:00 AM
1. NO PURCHASE NECESSARY. A purchase will not increase your chance of winning a prize.2. Sweepstakes Period: The "CHRISTMAS 2019 GIVEAWAY” (“Sweepstakes”), sponsored by James Avery Craftsman, Inc. (“Sponsor”), begins on December 2, 2019 at 11:00 AM Central Time and ends on December 6, 2019 at 10:00 AM Central Time (the “Sweepstakes Period”). Sponsor’s computer is the official timekeeping device of the Sweepstakes.
3. Eligibility: Entry into the Sweepstakes is open only to permanent legal residents of the 50 United States* and Washington, D.C. who are 18 years or older** at time of entry who have a Facebook account that is active during the Sweepstakes Period (“Entrant”). (*Exceptions: residents of Florida, New York, and Rhode Island are not eligible. **In Alabama and Nebraska Entrants must be 19 years or older and in Mississippi Entrants must be 21 years or older.) The following are NOT eligible to be an Entrant: (1) Employees, officers and directors of Sponsor, (2) their spouse, biological or adoptive parents or stepparents and each of their respective spouses, regardless of where they reside, (3) their children, grandchildren, and siblings and each of their respective spouses, regardless of where they reside, and (4) household residents (whether related or not) of any of the above. By entering the Sweepstakes, each Entrant voluntarily agrees to abide by and be bound by these Official Rules and the decisions of the Sponsor, which shall be final and binding in all matters relating to the Sweepstakes. The Sweepstakes is subject to all applicable laws and regulations of the United States, the individual 50 states of the United States, and Washington, D.C. VOID WHERE PROHIBITED BY LAW.
4. How to Enter Sweepstakes: a. “Like” Sponsor’s daily giveaway post and b. “Comment” on Sponsor’s daily giveaway post. No more than two entries per Entrant are allowed each day during the Sweepstakes Period.
5. Prize Drawing: The potential winning Entrants of the prizes described in Rule 6 below will be randomly drawn after assigning sequential numbers, beginning with one (1), to each eligible Facebook Like and Facebook Comment and ending with the highest number corresponding to the total number of all entries received. Then a random drawing of one (1) number will be conducted by Sponsor daily at 10:00 AM. CST starting December 3 and ending on December 6 during the Sweepstakes Period. Odds of winning a prize depend on the number of eligible entries received.
6. Prizes: There will be different daily prizes with multiple individuals chosen each day. Depending on the day the individual’s name is chosen, the individual will receive one of the following prices: one (1) of four (4) Avery Saddle Bags with a Changeable Chain Twisted Wire Charm Holder with Beaded Initial Pendant, individually valued at $535, with a total value of $2,140; one (1) of ten (10) Cherished Birthstone Rings individually valued at $235, with a total value of $2,350; one (1) of three (3) Shimmering Elements Collection sets including earrings and necklaces valued at $430, with a total value of $1,290; one (1) of three (3) Christmas Charm Bracelets which includes one (1) Light Double Curb Charm Bracelet, one (1) Enamel Christmas Stocking Charm, one (1) Adorned Christmas Tree Charm, one (1) Enamel Christmas Sleigh Charm, one (1) Faceted Lab-Created Green Amethyst Gemstone Bead Pendant, one (1) Enamel Candy Cane Charm, one (1) Enamel Family Christmas Tree Charm, one (1) Snow Crystal Charm, one (1) Enamel Snowman Art Glass Charm, one (1) Enamel Santa Hat Charm, one (1) Aspen Snow Crystal Charm, one (1) Enamel Toy Soldier Charm, individually valued at $774, with a total value of $2,322. Limit one (1) prize per winning Entrant. Irrespective of the number of entries made by an Entrant, each winning Entrant will not receive more than one (1) prize. In the event an Entrant has made more than one entry and a number corresponding to that Entrant is randomly drawn more than once, the second and all subsequent selections for that potential winning Entrant will be disqualified, and the random drawings will continue until a previously unselected Entrant’s name is selected.
Total ARV of all prizes in this Sweepstakes: $8,102 (USD). All federal, state or local income taxes on the prizes are the sole responsibility of the winners. All prizes will be awarded according to these Official Rules provided a sufficient quantity of qualifying entries are received and the prizes are claimed properly in accordance with these Official Rules. Prizes are awarded “as is” and are not redeemable for cash.
7. Winning Entrant’s Notification: Sponsor will post daily a list of the names of potential winning Entrants for the drawing of the previous day on Sponsor’s James Avery Artisan Jewelry Facebook page from December 3 through December 6, 2019. Within five (5) business days of the drawing where Entrant is identified as a potential winner, Entrant must log into the Facebook account used to enter the Christmas 2019 Giveaway and click on the link included with the list of potential winner’s names on Sponsor’s James Avery Artisan Jewelry Facebook page and then fully complete the form linked from this page, including providing a valid email address used by the Entrant. Sponsor will send an email using the email address provided by the Entrant for Entrant to certify Entrant’s identification and eligibility and to complete a publicity release (see Section 8 below) and a release of liability (see Section 9 below) (where permitted by law).
To claim a prize, the potential winning Entrant must return the completed certification, publicity release, and release of liability within five (5) days of Sponsor’s notification email or the prize will be forfeited. If any prize notification cannot be delivered for any reason, the potential prize will be forfeited. Any forfeited prize(s) will be awarded to an alternate winner in a random drawing from among the remaining entries. All prizes will be awarded. Sponsor shall have no liability for any winner notification that is lost, intercepted, or not received by the potential winning Entrant for any reason, including but not limited to account closed, account inactive, or the unavailability of internet access or service. (*Winning depends on Sponsor’s verification of Entrant’s eligibility and Entrant’s timely response to Sponsor’s communication and submittal of verification information.)
8. Consent to Publicity: Except where prohibited by law, a potential winning Entrant’s acceptance of the prize constitutes permission for the Sponsor to use said Entrant’s complete name and address (city and state only) on a worldwide basis, and in all forms of media (including but not limited to the Sponsor’s website and social media), without limitation, further notice, compensation, or any time constraints. Winning any prize is contingent upon fulfilling all requirements of these Official Rules, including Sponsor’s verification of Entrant’s eligibility.
9. Liability Release: Participation in the Sweepstakes and (if applicable) acceptance of a prize constitutes each Entrant’s agreement to hold harmless Facebook, Sponsor, and the officers, directors, employees, and agents of each of the foregoing from and against any injuries, losses or damages of any kind arising in any way from or in connection with their participation in this Sweepstakes, or the acceptance, possession or use/misuse of any prize (if applicable), or their participation in prize-related activities (if applicable). All taxes are the responsibility of each of the randomly selected winners. BY YOUR VOLUNTARY ENTRY INTO THE SWEEPSTAKES, YOU AGREE, TO THE EXTENT ALLOWED BY APPLICABLE LAW, THAT IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING IN ANY WAY FROM OR IN CONNECTION WITH YOUR PARTICIPATION IN THIS SWEEPSTAKES OR ACCEPTANCE OR USE OF ANY PRIZE YOU MAY BE AWARDED. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
10. Sponsor is not responsible for: (a) entries that are (i) not received or delayed in delivery (ii) received but with errors; damage; defects, omissions, alterations, or that are illegible; or those not submitted as specifically stated in these Official Rules; (b) any problems or malfunctions that result in entries being deleted, misdirected or intercepted; (c) communication failures, destruction or unauthorized access to an Entrant’s computer, telephonic, or internet connection devices; (d) any problems, malfunctions, failed or unavailable hardware, network, software, or telephone transmissions; (e) damage to an Entrant's or any person's computer or telephonic device and/or its/their contents or any loss or damage to functionality; (f) damage or alteration to the Entrant’s Facebook account, (g) causes beyond the Sponsor’s reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this Sweepstakes; (h) incorrect or inaccurate entry information whether caused by Entrants or by any of the equipment or programming associated with or utilized in the Sweepstakes; (i) any typographical or other error in the printing or advertising of the offer, administration or execution of the Sweepstakes, or in the announcement of winning Entrants; (j) malfunctions or interference resulting from illicit, malicious or injurious code (including but not limited to computer or telephonic viruses, worms, and denial of service attacks); or (k) cheating or fraud by any Entrant. If for any reason the Sweepstakes cannot be executed as planned, including but not limited to transmission failure, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor that corrupt or affect the security, administration, fairness, integrity or proper conduct of the Sweepstakes, or if the Sweepstakes is compromised or becomes technically corrupted in any way, electronically or otherwise, Sponsor reserves the right, in its sole discretion, to cancel, modify or terminate the Sweepstakes and reserves the right, but shall not be obligated, to select the winners from among all eligible, non-suspect entries received prior to the time/date such action was taken. 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 enters using any automatic programmed entry duplication method or third-party entry service.
CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEB SITE OR OTHERWISE CORRUPT THE SWEEPSTAKES OR TO 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/OR SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
11. Dispute Resolution: By entering, you agree that: (a) any and all disputes, claims and causes of action arising out of, or connected with, this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal, state or local court located in the state of Texas and (b) any and all claims, judgments, and awards shall be limited to actual and proven out-of-pocket costs incurred, including but not limited to costs associated with entering this Sweepstakes, and that attorneys’ fees are not, in any event, covered.
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 the state of Texas, without giving effect to any choice of law or conflict of law rules (whether of Texas or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than Texas.
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.
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.
12. Winning Entrants list: For a list of the winning Entrant’s, send a self-addressed stamped business-size envelope after December 6 and no later than December 13, 2019 to: "CHRISTMAS 2019 GIVEAWAY”, James Avery Craftsman, Inc., Attn: Social Media Department, P. O. Box 291367, Kerrville, TX 78029.
13. All intellectual property related to the prizes in this Sweepstakes is property of the Sponsor.
14. This contest is in no way sponsored, endorsed or administered by, or associated with Facebook. Internet connection and data rates may apply and are not the responsibility or Sponsor.
15. Sponsor: This Sweepstakes is sponsored by James Avery Craftsman, Inc., P.O. Box 291367, Kerrville, TX 78029.
Any questions, comments, or complaints regarding this Sweepstakes must be directed only to the Sponsor.
©2019 James Avery Craftsman, Inc. All rights reserved.