Queens Center Diamond Promotion Terms & Conditions
MICHAEL HILL JEWELERS
“QUEENS CENTER DIAMOND PROMOTION”
NO PURCHASE NECESSARY.
To Enter: Visit Queens Center Mall in Queens, New York on Saturday, April 25, 2015, between 10:00 a.m., EDT, and 9:30 p.m., EDT, where Michael Hill promotional staff will distribute up to 5,000 diamond replicas to mall visitors 18 years or older. Only one replica per person.
Determining Winners: Recipients of a diamond replica must come to the Michael Hill store in Queens Center on April 25 or 26, 2015, between 10:00 a.m., EDT, and 9:30 p.m., EDT, for a Michael Hill jeweler to determine if the replica is coded “WE LOVE QUEENS” and, therefore, a winner. Odds of winning are 1:1666.67.
Everyone who brings a diamond replica to the Michael Hill Queens Center Store will receive a 10% off their next purchase voucher, valid to June 30th, 2015.
Prize Details: The holders of the three (3) coded diamond replicas will each receive a Michael Hill Designer Fashion Tanzanite & diamond pendant SKU 12694877 (approximate retail value per pendant $1,299 and total retail prize value $3,897). Prize is not transferable. All taxes on prize are the sole responsibility of the winner. No prize substitution or cash or credit redemption allowed. Sponsor reserves the right to substitute a prize of equal or greater value. Prize will be delivered to winners by May 30th, 2015.
Second Chance Drawing: Holders of a non-coded diamond replica are eligible for a second chance drawing by completing an entry available at the Michael Hill store at Queens Center and depositing it in the promotion box at the store. Any Michael Hill Designer Fashion Tanzanite & diamond pendant (SKU 12694877) that is unclaimed as of the close of business on April 26, 2015 will be awarded by random drawing. Sponsor will conduct the second chance drawing and its decisions on all matters relating to this Promotion are final. Potential second chance winners will be notified by email or telephone on or about April 28, 2015 and will be required to acknowledge such notification within 48 hours. Potential second chance winners must claim their prize by 9:00 p.m., EDT, on May 27, 2015 or forfeit the prize in which case Sponsor may select another potential winner by random drawing. Odds of winning depend upon the number of eligible second chance entries received.
Eligibility: Entrants must be legal U.S. residents age 18 or older on April 25, 2015. Employees of Sponsor, its parent and affiliated companies, advertising and promotion agencies, and the immediate family members (namely, parents, siblings, spouse or children) or residents of the same household (whether related or not) of each are not eligible to win.
General: All potential winners must execute and return an Affidavit of Eligibility (with proof of age acceptable to Sponsor), IRS Form W-9 and Liability/Publicity Release, within 7 days after notice. Failure to respond timely will result in forfeiture of prize and Sponsor may award the prize to an alternate winner selected by a random drawing from the remaining eligible entries.
By participating in this Promotion, participants confirm their eligibility to participate, compliance with these Official Rules, acceptance of the prizes as offered, and release of the Sponsor, its advertising and promotional agencies, and their respective directors, officers, owners, partners, employees, agents, representatives, successors and assigns from any and all liability for any loss, harm, damages, cost or expense arising out of Sponsor's conduct of this Promotion and participants, participation in this Promotion and acceptance, possession, use, misuse, or non-use of a prize, or from any and all claims of third parties arising therefrom.
By participating, participants also consent to being entered in Sponsor's email database and agree that Sponsor may contact participant by email to announce the prize winners of this Promotion, future special or promotional offers and Sponsor's products, and for Sponsor's market research purposes.
By participating, participants agree that (except where prohibited) Sponsor may use winner's name, image, likeness and voice for advertising and promotional purposes without further compensation.
Sponsor reserves the right, in its sole discretion, to cancel or suspend part of all of this Promotion in the event causes beyond the control of Sponsor corrupt or impair the administration, security, fairness or proper conduct of the Promotion. In such event, Sponsor may award the prizes in a random drawing from all eligible entries received up to the date of cancellation or suspension.
Sponsor may prohibit anyone from participating in this Promotion or winning a prize if, in its sole discretion, Sponsor determines that the participant is attempting to undermine the legitimate operation of the Promotion by cheating, deception, or other unfair practices or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives. Offer void where prohibited and subject to federal, state and local laws.Additional Terms. In case of dispute as to the identity of a participant, participation will be declared made by the Authorized Account Holder of the email address submitted to the Sponsor. “Authorized Account Holder” is defined as the natural person who is assigned an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational, institution, etc.) responsible for assigning email addresses or the domain associated with the submitted email address. Any potential winner may be requested to provide Sponsor with proof that such winner is the Authorized Account Holder of the email address. Any other attempted form of entry is prohibited; no automatic, programmed; robotic or similar means of entry are permitted. Sponsor is not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the Promotion, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Promotion or downloading any materials in this Promotion. Sponsor reserves the right, in its sole discretion, to cancel, terminate, extend or suspend this Promotion if (in its sole discretion) virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Promotion. In such case, Sponsor may select the winners from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Promotion or web site. Sponsor may prohibit any one from participating in the Promotion or winning a prize if, in its sole discretion, Sponsor determines that said participant is attempting to undermine the legitimate operation of the Promotion by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other participants or Sponsor representatives.
CAUTION: ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Limitation of Liability; Disclaimer of Warranties. PARTICIPANTS AND WINNERS AGREE TO RELEASE AND HOLD HARMLESS SPONSOR, ITS PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS, REPRESENTATIVES, AGENTS, SUPPLIERS, DISTRIBUTORS, ADVERTISING AND PROMOTIONAL AGENCIES, SUCCESSORS, ASSIGNS, EMPLOYEES, OFFICERS AND DIRECTORS (COLLECTIVELY “PROMOTION ENTITIES”) FROM ANY AND ALL LIABILITY, FOR LOSS, HARM, DAMAGE, INJURY, COST OR EXPENSE WHATSOEVER INCLUDING WITHOUT LIMITATION, PROPERTY DAMAGE, PERSONAL INJURY AND/OR DEATH WHICH MAY OCCUR IN CONNECTION WITH OR PARTICIPATION IN THE PROMOTION, OR ACCEPTANCE, POSSESSION, AND/OR USE, MISUSE OR NON-USE OF A PRIZE OR PARTICIPATION IN ANY PROMOTION-RELATED ACTIVITY AND FOR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY AND MERCHANDISE DELIVERY. PARTICIPANTS AGREE THAT THE PROMOTION ENTITIES ARE NOT RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF PARTICIPANTS’ ACCESS TO AND USE OF THE PRIZE AND/OR THE PROMOTION, AND DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE PROMOTION. IN NO EVENT SHALL THE PROMOTION ENTITIES’ TOTAL LIABILITY TO PARTICIPANT FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED $5.
Disputes; Governing Law. The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Promotion. Any controversy or claim arising out of or relating to these Official Rules and/or the Promotion shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of New York, City of New York.
THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF NEW YORK WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Promotion, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the County of Queens in the State of New York. The parties agree not to raise the defense of forum non conveniens.
List of Winners: For the identity of the winners, visit Sponsor's website at www.michaelhill.com after May 5, 2015.
Sponsor: The Sponsor of this Promotion is Michael Hill LLC, Queens Center Mall, 90-15 Queens Boulevard, Elmhurst, New York 11373 ("Sponsor").