Luxury of Time by Diamonds International
DECEMBER 5, 2020 SWEEPSTAKES
CONSUMER DISCLOSURE: NO PURCHASE NECESSARY TO ENTER OR WIN THE SWEEPSTAKES. A PURCHASE OR PAYMENT, WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. SPONSOR: Diamonds International of Florida, Inc. (“Sponsor”), 12 East 49 Street, 39th Floor, New York, New York 10017, U.S.A., owner of Luxury of Time by Diamonds International retail store.
2. ADMINISTRATOR: Almod Diamonds Ltd., 12 East 49 Street, 39th Floor, New York, New York 10017, U.S.A.
3. ELIGIBILITY: The Luxury of Time by Diamonds International December 5, 2020 Sweepstakes (“Sweepstakes”) is open only to individuals who are legal residents of, and physically located within the 50 United States and the District of Columbia who are at least 18 years of age, or the age of majority in their jurisdiction of residence, whichever is older, as of date of entry, and who displayed at Luxury of Time by Diamonds International a $100 gift card published in the November 22, 2020 edition of the Orlando Sentinel publication ("Sweepstake Participant"). Officers, directors, and employees, and members of household or immediate family (i.e., parents, children, spouse, siblings, grandparents, step-parents, step-chidren, and step-siblings of each), of Sponsor and Administrator involved in the creation, administration, or fulfillment of the Sweepstakes and their respective successors and assigns, are not eligible to enter or win. Participation constitutes full and unconditional agreement to these official rules (“Rules”). Sponsor’s and Administrator’s decisions are final and binding in all matters related to the Sweepstakes. Winning is contingent upon fulfilling all requirements set forth herein. Void where prohibited or restricted by law.
4. TIMING: The Sweepstakes period begins at 12:00:00 PM (noon) Eastern Time ("ET") on November 22, 2020, and ends at 11:59:59 PM ET on December 4, 2020 (the “Sweepstakes Period”). Sweepstakes registration must be completed prior to the end of the Sweepstakes Period in order to qualify as a valid entry into this Sweepstakes. Administrator’s computer will be the official clock for the Sweepstakes Period.
5. HOW TO ENTER: Visit the retail storefront of Luxury of Time by Diamonds International, located at Disney Springs® and display original advertisement published in the Orlando Sentinel on November 22, 2020 (“Publication”). Each entrant must provide their valid e-mail address, complete first and last name (no initials unless the initials are part of their legal name), and daytime telephone number. Upon submission of the registration information, the entrant will receive one (1) entry into the Sweepstakes (“Entry”). 2
6. WINNER SELECTION: The odds of winning the prize (as described below) depend upon the number of eligible Entries received during the entire Sweepstakes Period. On or about December 5, 2020, Administrator will randomly select one (1) potential winner from all eligible Entries received during the Sweepstakes Period (“Winner”). Administrator decisions, along with the Sponsor's, as to the administration and operation of the Sweepstakes and the selection of the potential Winner are final and binding in all matters related to the Sweepstakes. The selected entrant is deemed a potential Winner pending verification of their eligibility and compliance with the Rules.
7. PRIZE & APPROXIMATE RETAIL VALUE (“ARV”):
A. One (1) Prize: The Winner will receive the following prize (“Prize”): One (1) $5,000.00 USD gift certificate for use exclusively at Luxury of Time by Diamonds International retail location at Disney Springs in Orlando, Florida.
B. Prize Conditions: Cost and expenses incurred by the Winner in claiming and using the Prize which are not outlined in the Prize description are the sole responsibility of the Winner and may include, but not limited to, applicable federal and/or state taxes.
C. The Winner’s acceptance of the Prize and/or the participation in the Prize by the Winner constitutes the grant to Sponsor and Sponsor’s affiliates of an unconditional right and license to use the Winner’s full name (if applicable), any aliases, social media account names, biographical data, voice, and reproductions or renderings of physical likeness (as the same may appear in any still camera photograph, video, and/or any other form), in whole or in part, in all media formats, platforms, and channels now known or hereafter devised, in perpetuity, throughout the universe, for any and all purposes, including, but not limited to advertising, promotion, marketing, publicity, trade or commercial purposes, all without further notice to the Winner with or without attribution, and without compensation, except where prohibited by law, and Winner hereby release the Releasees (as defined below in Section 9) from any claims or liability arising out of or with respect to such use.
D. The Prize must be redeemed by December 31, 2020. Any and all of the Prize not redeemed by December 31, 2020 is null and void.
E. SPONSOR, ITS PARENT, RELATED, AFFILIATED, AND SUBSIDIARY COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES AND ASSIGNS ARE HEREBY RELEASED AND DISCHARGED FROM ANY AND ALL LEGAL CLAIMS, LOSSES, EXPENSES, LIABILITIES, INJURIES, DEMANDS, DAMAGES, ACTIONS, AND/OR CAUSES OF ACTION THAT ARISE OUT OF AND/OR ARE IN ANY WAY RELATED TO THE PRIZE, THE RECEIPT, USE AND/OR ENJOYMENT OF THE PRIZE AND/OR THE SWEEPSTAKES.
F. Any portion of the Prize not accepted or used by the Winner will be forfeited, and Sponsor shall not be responsible for any inability of the Winner to accept or use any portion of the Prize for any reason. No substitution or transfer of the Prize is allowed except with Sponsor's permission or where required by law. If for any reason the Prize becomes unavailable, Sponsor may award a substitute prize of equal or greater value.
8. NOTIFICATIONS TO WINNER AND REQUIREMENTS TO CLAIM THE PRIZE: The potential Winner will be notified by e-mail and/or telephone within two (2) business days from the random drawing set forth in Section 4 and Section 6 of these Rules. At the sole discretion of the Sponsor, disqualification, forfeiture and the selection of an alternate Winner may result from any of the following: [a] the potential Winner’s failure to respond to Administrator’s verification e-mail within two (2) calendar days from the date the verification e-mail is sent; [b] the e-mail notification sent by Sponsor/Administrator is returned as undeliverable after three (3) attempts; [c] the potential Winner’s failure to provide Administrator with satisfactory proof of age, identity and residency; [d] the potential Winner’s failure to execute and return an Affidavit of Eligibility/Liability/Publicity Release (including, without limitation, their Social Security Number as required by law) within five (5) calendar days from the date the form is sent to the potential Winner. Federal, state and local taxes and all other expenses not specified herein are the Winner's sole responsibility. The award of the Prize is subject to applicable withholding requirements. In the event that the potential Winner is disqualified for any reason or does not accept the Prize, Sponsor, in its sole and absolute discretion, will award the Prize to an entrant selected at random from the remaining eligible Entries received, subject to verification of eligibility and compliance with these Rules. In such case where the Prize is not accepted or where the Winner has forfeited, there will, as necessary, be up to three (3) alternate Winners contacted, after which the Prize, if not accepted by an eligible Winner, will not be awarded.
9. INTERNET/LIMITATIONS OF LIABILITY: Sponsor, Administrator, their respective parent, related, affiliated and subsidiary companies, their advertising, promotion and web design agencies, all other entities involved in the creation, administration, or fulfillment of the Sweepstakes and their respective successors, assigns, directors, officers, employees, agents and independent contractors (individually and collectively, “Releasees”), are not responsible for technical malfunctions of any kind, including but not limited to interrupted or unavailable network server or other connections; miscommunications; failed, partial, or garbled telephone or computer transmissions; jumbled, scrambled, or misdirected Entries or transmissions; phone, electrical, network, computer hardware or software or program malfunctions, failures or difficulties; other errors, omissions, interruptions, or deletions of any kind, whether due to electronic, human, mechanical, printing, production or technical errors or other causes; or for any damage to any person's computer or wireless device related to the Sweepstakes, including without limitation, participation in the Sweepstakes. Additionally, Releasees are not responsible for illegible, unintelligible, late, lost, damaged, stolen, or postage-due Entries; incorrect or inaccurate Entry information, whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Sweepstakes; or for any technical or human errors which may occur in the processing of any Entries in the Sweepstakes. Any person attempting to enter using multiple identities or any other device or artifice to enter multiple times in contravention of these Rules, or to interfere with the proper administration of the Sweepstakes, will be disqualified from participation in the Sweepstakes. Additionally, any use of robotic, automatic, macro, programmed, third party or like methods to participate in the Sweepstakes will void any attempted participation effected by such methods and result in the disqualification of any individual utilizing the same. Sponsor and/or Administrator reserves the right to disqualify any individual found or suspected, in its sole opinion, to be tampering with the operation of the Sweepstakes; to be acting in violation of these Rules; or to be acting with the intent to disrupt the normal operation of the Sweepstakes. 4 If, in the judgment of Sponsor and/or Administrator, the Sweepstakes is compromised by viruses, bugs, non-authorized human intervention or other causes that corrupt or inhibit, or may corrupt or inhibit the administration, security, fairness or intended proper play of the Sweepstakes, so that it cannot be conducted as originally planned or intended, Sponsor and/or Administrator have the right, in their sole respective discretion, to modify the Rules or to cancel, modify, terminate or suspend the Sweepstakes (except where prohibited by law); and in such event, to select the Winner by such method as Sponsor in its sole discretion shall consider equitable. RELEASEES MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT AS REGARDS TO THE SWEEPSTAKES, ANY PRIZE OR ANY COMPONENT OF THE PRIZE OR THE SWEEPSTAKES. AS SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, CHECK YOUR LOCAL LAWS TO LEARN IF ANY OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY APPLY TO YOU.
11. GOVERNING LAW: The terms of this Sweepstakes shall be governed by, construed under, interpreted and enforced in accordance with the laws of the State of Florida without regard to conflicts of laws provisions thereof. Any dispute or claim arising out of or in connection with this Sweepstakes or these Rules shall be resolved individually, without resort to class action, and submitted exclusively to the Circuit Court in and for Miami-Dade County, Florida USA (or if the Circuit Court shall not have jurisdiction over the subject matter thereof, then to such other court sitting in such county having subject matter jurisdiction) for trial and determination by the court sitting without a jury. All Entrants consent to the jurisdiction of such court and to the service of process outside the State of Florida pursuant to the requirements of such court in any matter submitted to it, AND THEY EXPRESSLY WAIVE THE RIGHT TO A JURY TRIAL. ANY CLAIM FOR DAMAGES SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM. ONLY SPONSOR AND/OR ADMINISTRATOR MAY RESCIND THIS SWEEPSTAKES AND/OR SEEK INJUNCTIVE AND/OR ANY OTHER EQUITABLE RELIEF. ENTRANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY ENTRANT AND/OR RELEASEES AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY CLAIM MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION OCCURRED, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
12. RELEASE: By participating, each entrant releases and agrees to indemnify and hold harmless releases from and against any and all costs, claims, liabilities, damages, or any other injury, whether due to negligence or otherwise, to person(s) or property (including, without limitation, death or violation of any personal rights, such as violation of right of publicity/privacy, libel, or slander), due in whole or in part, directly or indirectly, to participation in the Sweepstakes, or arising out of participation in any Sweepstakes or Sweepstakesrelated activity, or the receipt, use, or misuse of the Prize. 1
13. GENERAL TERMS & AGREEMENT TO RULES: By entering the Sweepstakes, entrants agree to be bound by and abide by these Rules. The Sweepstakes is subject to all applicable federal, state, and local laws.
14. WINNER LIST: To obtain a name of the Winner, send a properly stamped self-addressed envelope, to be received by January 17, 2021, to: Luxury of Time by Diamonds International ® December 5, 2020 Sweepstakes Winner List, 12 East 49 Street, 39th Floor, New York, New York 10017.
Customer service inquiries can be made at firstname.lastname@example.org.
Diamonds International® and Luxury of Time by Diamonds International® are registered trademarks of Almod Diamonds Ltd. All rights reserved.
Disney Springs® is a registered trademarks of Disney Enterprises, Inc. All rights reserved.