Sweepstakes Period: The Kay® Jewelers Merry Match Sweepstakes (the "Sweepstakes") starts at 10:00 a.m. Eastern Time ("ET") on December 9, 2013 and ends at 4:00 p.m. ET on December 24, 2013 ("Sweepstakes Period").
Eligibility: The Sweepstakes is open to legal residents of the 50 United States and the District of Columbia who are 18 years of age or older as of date of entry. Employees of Sterling Jewelers Inc. (“Sponsor”), Don Jagoda Associates, Inc. (“Administrator”) and each of their respective parent companies, affiliates, subsidiaries, retailers, advertising and promotion agencies and judging organizations (collectively with Sponsor and Administrator, the “Sweepstakes Parties”), as well as their immediate family members (spouses, parents, children, siblings, and their spouses) and/or persons living under the same household are not eligible to enter. This Sweepstakes shall be construed and evaluated solely according to United States law and subject to all federal, state and local laws and regulations. Void where prohibited. By entering, you acknowledge compliance with these Official Rules, including eligibility requirements.
How To Enter for Daily Facebook® Drawings: During each day of the Sweepstakes Period, you may enter by visiting the official Kay® Jewelers Facebook® Page at www.Facebook.com/KayJewelers, clicking where indicated to enter the Sweepstakes and “Liking” Kay® Jewelers (if you do not already) on Facebook®. You will be required to enter your email address and subsequently complete all required fields of the on-screen registration form to receive one (1) entry into that daily drawing only. You must pay normal Internet access and data usage charges that may be imposed by their online or mobile service providers. Limit one registration entry per person/email address per day. TO RECEIVE A BONUS ENTRY: Upon completion of your registration entry, play the memory game by clicking to turn over the images one pair at a time to match the jewelry pieces together. Once you have matched all the images, the prize for that day will be revealed, and you will receive one (1) bonus entry into that daily drawing only. Limit one bonus entry per person/email address per day. Incomplete, incorrect, corrupted, or untimely entries are void and will be disqualified. Sponsor and its agencies are not responsible for lost, interrupted, or unavailable network, server, or other connections; or miscommunications, computer or software malfunctions, telephone transmission problems, technical failures, garbled transmissions, damage to a user’s computer equipment (software or hardware), or other errors or malfunctions of any kind whether, human, mechanical, electronic or otherwise. TO RECEIVE ADDITIONAL ENTRIES: Upon completion of your registration and/or bonus entry, you may share the Sweepstakes on Facebook via a unique link. On the day your friend(s) subsequently registers for the Sweepstakes through your link (“Refer-a-Friend entry”), you will receive an additional entry into that daily drawing only (up to 25 total). Limit twenty-five (25) Refer-a-Friend entries per person/email address throughout the Sweepstakes Period. Registration entries, bonus entries and Refer-a-Friend entries will not be carried forward for subsequent daily drawings. Automated entries are prohibited, and any use of such automated devices will cause disqualification. Duplicate or multiple online entries from the same person/email address or the same person using different email addresses/accounts per day are not permitted and will be automatically eliminated. All entries must be complete to be eligible. All entries become the property of Sponsor and will not be returned, and Sponsor will not verify receipt of entries.
How To Enter for Daily Twitter® Drawings Only: To enter via Twitter® for separate daily Twitter® drawings, during the Sweepstakes Period, you may Tweet a message to @KayJewelers with the hashtag #KayHoliday to earn one Twitter® entry into that corresponding daily drawing only. A mutual following is suggested to facilitate active participation. You must be a @KayJewelers follower and have your account settings set to “unprotected” or “public” to receive a Direct Message (“DM”) in order to be contacted for the chance to win a Twitter® Daily Prize. If you are a first time visitor to Twitter®, you will be prompted to complete the on-screen registration form. Registration is a one-time requirement. If you are a returning visitor, you will be prompted to log-in. Limit one Twitter® entry per person/Twitter® handle per day. Duplicate or multiple online Twitter® entries from the same person/email address or the same person using different email addresses/accounts per daily drawing period are not permitted and will be automatically eliminated.
Twitter® entries earned during a daily drawing period will not be carried forward for subsequent daily drawing periods.
Entry Submission: Collectively, all eligible registration entries, bonus entries, Refer-a-Friend entries and Tweets are referred to as “Entries”. Automated Entries, regardless of method of submission, are prohibited, and any use of such automated devices will cause disqualification. All Entries must be complete to be eligible. All Entries become the property of Sponsor and will not be returned, and Sponsor will not verify receipt of Entries.
For Twitter® Entries (as applicable): All Entries must be the sole, original work of the entrants. Any Entry or portion thereof that is, in the Sponsor’s sole discretion, obscene, profane, lewd, defamatory, inappropriate, disparaging, offensive or contains proprietary right of any person living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light) or entity, or is otherwise objectionable, will not be considered and may disqualify the entrant. Entries should not contain any third party materials, or otherwise violate or infringe (or possibly infringe) any copyright, trademark, logo or mark that identifies a brand.
Prizes and Approximate Retail Values (“ARV”): Two (2) prizes will be awarded each day (as defined below) – one from among all eligible registration, bonus and Refer-a-Friend entries earned via Facebook® and one from among all eligible entries earned via Twitter®. December 9, 2013 Prize: Sponsor-selected jewelry product (ARV: $99.99 each). December 10, 2013 Prize: Sponsor-selected jewelry product (ARV: $158.96 each). December 11, 2013 Prize: Sponsor-selected jewelry product (ARV: $299.99 each). December 12, 2013 Prize: Sponsor-selected jewelry product (ARV: $249.99 each). December 13, 2013 Prize: Sponsor-selected jewelry product (ARV: $649.99 each). December 14, 2013 Prize: Sponsor-selected jewelry product (ARV: $399.99 each). December 15, 2013 Prize: Sponsor-selected jewelry product (ARV: $179.00 each). December 16, 2013 Prize: Sponsor-selected jewelry product (ARV: $1,449.00 each). December 17, 2013 Prize: Sponsor-selected jewelry product (ARV: $129.99 each). December 18, 2013 Prize: Sponsor-selected jewelry product (ARV: $148.96 each). December 19, 2013 Prize: Sponsor-selected jewelry product (ARV: $499.99 each). December 20, 2013 Prize: Sponsor-selected jewelry product (ARV: $399.99 each). December 21, 2013 Prize: Sponsor-selected jewelry product (ARV: $649.99 each). December 22, 2013 Prize: Sponsor-selected jewelry product (ARV: $479.99 each). December 23, 2013 Prize: Sponsor-selected jewelry product (ARV: $399.99 each). December 24, 2013 Prize: Sponsor-selected jewelry product (ARV: $2,299.99 each).
Availability of ring sizes/chain lengths vary by style. Winners are solely responsible for all taxes in connection with the prize (if applicable), including without limitation federal, state and local taxes, and the reporting consequences thereof. Prizes are nontransferable, non-assignable, and no substitution or cash redemption is allowed, except that Sponsor reserves the right to award a prize of equal or greater value if an advertised prize is unavailable.
Random Drawings and Winner Notification: There will be sixteen (16) separate daily random daily drawings from among all eligible Facebook® registration/bonus/Refer-a-Friend Entries received each day, one (1) per day, for each day of the Sweepstakes Period, beginning on December 10, 2013 through December 26, 2013, from among all eligible Facebook® registration/bonus/Refer-a-Friend Entries received during the previous day (or received December 24th for the December 26th drawing) only.
There will be sixteen (16) separate daily random drawings from among all eligible Twitter® Entries received each day, one (1) per day, for each day of the Sweepstakes Period, beginning on December 10, 2013 through December 26, 2013, from among all eligible Twitter® Entries received during the previous day (or received December 24th for the December 26th drawing) only.
For purposes of this Sweepstakes, a “day” is defined as the 24-hour period between 12:00 a.m. ET and 11:59 p.m. ET with the exception of the first day which will be from 10:00 a.m. ET through 11:59 p.m. and the last day which will be from 12:00 a.m. ET through 4:00 p.m. ET. Drawings will be conducted by the Administrator, an independent judging organization whose decisions are final on all matters relating to this Sweepstakes. Odds of winning depend on the total number of eligible Entries received for each applicable daily period. The Facebook® Registration/Bonus/Refer-a-Friend and Twitter® entrants selected as the Daily Prize winners for December 13, 2013; December 16, 2013; December 21, 2013; and December 24, 2013 will be required to sign and return an Affidavit of Eligibility and Liability/Publicity Release (where legal) within 3 days following the date of issuance of notification, which will be sent via email or UPS overnight with a pre-paid overnight return envelope included, or prize will be forfeited and an alternate winner selected. All other Facebook® Registration/Bonus/Refer-a-Friend entrants selected as Daily Prize winners will be mailed their prizes to the addresses provided during registration within 6-8 weeks after selection. All Twitter® entrants selected as Daily Prize winners will be notified by DM on Twitter®. Potential Twitter® winners must respond via email with name and mailing address within 24 hours of the message being sent and will be mailed their prize within 6-8 weeks after address verification. If any potential winner does not respond within 24 hours, an alternate winner may be selected and notified by DM on Twitter®. Return of any prize or prize notification as undeliverable may result in disqualification and alternate selection. Acceptance of a prize constitutes permission for Sweepstakes Parties to use the winners’ names, pictures, likenesses and Entries for promotional purposes in any and all media throughout the Universe in perpetuity without further compensation except where prohibited by law.
General Rules: By participating in this Sweepstakes, each participant agrees to be bound by these Official Rules and instructions and by all decisions of the Sweepstakes Parties, which are final and legally binding in all matters relating to this Sweepstakes. By participating, entrants and winners agree to release, discharge, indemnify and hold harmless the Sweepstakes Parties, Facebook® and Twitter® from and against any claims, damages, or liability due to any damages, or losses or injuries to any person (including death) or property of any kind resulting, in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of a prize or participation in any Sweepstakes-related activity or participation in this Sweepstakes. Entrants further agree not to pursue any right, claim or action against the Sweepstakes Parties, Facebook® and Twitter® in connection with their participation in this Sweepstakes. In order to participate in the Sweepstakes without receiving “tweets” on entrant’s mobile phone, he/she must deactivate his/her mobile phone from his/her Twitter® account. No responsibility is assumed for lost, misdirected or late Entries. In the event of a dispute as to the identity of an entrant, the authorized account holder of the email/site account used to enter will be deemed to be the entrant. An “authorized account holder” of an email address/site account is the natural person in whose name the email address/site account has been issued by the Internet Access provider or on-line service provider or the applicable site. Sponsor is not responsible for lost, late, or misdirected Entries, technical hardware/software failures of any kind, lost/unavailable network connections, or failed/incomplete, garbled or delayed computer transmission, which may limit a user’s ability to participate. Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry process or the operation of the Sweepstakes or websites; violates the Official Rules; or acts in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. By submitting an Entry, entrants hereby grant and irrevocably assign to Sponsor the exclusive irrevocable, perpetual, worldwide right, title and interest in and to the entry, including all rights to reproduce, publish, edit, market, store, adapt, assign, sell, dispose of, distribute, have distributed, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon, and promote the Entry or excerpts of the Entry (as such may be edited and modified by the Sponsor in its discretion) in perpetuity, for editorial, commercial, promotional and all other purposes (including posting on Sponsor-affiliated websites, and/or other Sponsor-selected media). Participants hereby disclaim any rights, including any copyright or any other intellectual property right, in or to the Entry following the assignment contemplated hereby. Sponsor and its agencies are not responsible for technical, hardware or software malfunctions, telephone failures of any kind, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications whether caused by the sender or by any of the equipment or programming associated with or utilized in this Sweepstakes which may limit the ability of an individual to participate in or accept a prize in the Sweepstakes, or by any human error which may occur in the processing of the Entries in this Sweepstakes. Sponsor and its agencies are not responsible for any typographical error in the printing of these Official Rules, administration of the Sweepstakes or in the announcement of the Sweepstakes prizes. Sponsor and its agencies are not responsible for damages to user’s system occasioned by participating in the Sweepstakes or downloading any information to participate in the Sweepstakes. Sponsor reserves the right to modify or cancel any of the portions of the Sweepstakes if they become technically corrupted. In such event, Sponsor would award the prizes from among all applicable eligible Entries received each day (from each method of Entry) prior to cancellation.
Dispute Resolution: By entering this Sweepstakes, entrants agree that 1) Any and all disputes, claims, and of action arising out of or connected with the Sweepstakes or the prizes shall be resolved individually, without resort to any form of class action; 2) Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, and shall not include any punitive, consequential or other damages, including costs associated with entering the Sweepstakes but in no event include attorneys' fees; 3) The value of the prizes as set forth above represents Sponsor’s determinations of the ARVs in its sole and absolute discretion thereof and such determinations are final and binding and cannot be appealed. If the actual value of a prize turns out to be less than the stated ARV, the difference will not be awarded in cash; and 4) Under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All dispute resolution shall be made by the Sponsor in its sole discretion. These Official Rules shall be governed by, and construed in accordance with the laws of the state of New York without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the state of New York. Any legal proceedings arising out of this Sweepstakes or relating to these Official Rules shall be instituted only in the federal or state courts located in the state of New York, and the parties consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these Official Rules.
No Waiver: 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 be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
Winner List: For the names of the winners, send a self-addressed, stamped envelope, by February 26, 2014, to: Kay® Jewelers Merry Match Sweepstakes Winners, 100 Marcus Drive (Dept. ES), Melville, NY 11747.
Sponsor/Administrator: The Sponsor is Sterling Jewelers Inc., 375 Ghent Road, Akron, OH 44333. The Administrator is Don Jagoda Associates, Inc., 100 Marcus Drive, Melville, NY 11747.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook® or Twitter®. Twitter® is not involved in any way other than as one medium through which this Sweepstakes is conducted.. Facebook® and Twitter® are registered trademarks of Facebook, Inc. and Twitter, Inc., respectively. Any questions or complaints regarding this Sweepstakes shall be directed to Sterling Jewelers Inc., not Facebook® or Twitter®. You understand that you are providing your information to Sterling Jewelers Inc. and not to Facebook® or Twitter®.