| Gift of the Month Terms and Conditions |
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OFFICIAL GIFT OF THE MONTH CONTEST RULES NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. The Payson & Co., LLC Transformational Gift of the Month Gift Giveaway (the "Contest") is sponsored Payson & Co., LLC. (owner and operator of paysonjewelry.com and transformationaljewelry.com), having an address of Gracie Station PO Box 1435 New York, NY 10028 "Payson & Co," is the Sponsor, "Sponsor". ELIGIBILITY: Open only to permanent legal U.S. residents physically residing in the fifty (50) United States of America and the District of Columbia. Employees of Sponsors and their respective parents, subsidiaries, and advertising and promotion agencies and any other entity involved in the development or administration of this Contest, and their immediate family members or household members are not eligible to participate in or win the Contest. All prizes won by minors will be awarded to their parents or legal guardians on their behalf. Winners may be required to sign an Affidavit of Eligibility and complete relevant tax forms as a condition to the delivery of the applicable prize. Void where prohibited by law. All applicable federal, state and local laws apply. HOW TO ENTER: No purchase is necessary to participate in the Contest. To enter, you must log into transformationaljewelry.com or paysonjewelry.com (or register for a profile) and subscribe to the Payson & Co newsletter. Entries generated by script, macro or other automated means are void. Normal time, toll, connection and usage rates, if any, charged by your Internet service provider will apply. All entries become the property of the Sponsor. By registering and submitting your email, you will be agreeing that your registration and any other information collected in connection with the Contest may be used by Sponsor in accordance with Payson & Co.’s Privacy Policy and may be shared with Sponsors' affiliated business entities, and that you automatically opt-in to receive email, text messages or other communications from Sponsor. You may subsequently opt-out of the receipt of such email or communications by following the directions in the email, communications or by contacting the Sponsor directly. All registrations must include entrant's valid email address. The email address provided by online entrants will be the identity of the entrant and, if selected for a prize, the identity of the winner. We expressly reserve the right to disqualify any entries that we believe in good faith are generated by an automated program or via scripts. By participating, all entrants agree to abide by these Official Contest Rules. PRIZES: The Monthly Gift Giveaway will run monthly beginning Feb 2008. Each month, one (1) winner will be randomly selected from the eligible entries and such winner will receive the prize listed during that month’s entry period. All prizes will be awarded. In no event shall Sponsor be obligated to award more prizes than the number of prizes stated in these Official Contest Rules. No substitutions (including for cash) are permitted, except that Sponsor reserve the right to substitute a prize of equal or greater monetary value for any prize. Sponsor is at no time responsible for size or fit of prize. All prizes won by minors will be awarded to their parents or legal guardians on their behalf. Winners shall be responsible and liable for all federal, state and local taxes on the value of their prize. To receive a complete list of winners or a copy of the Official Contest Rules, send a self-addressed stamped envelope to Prize Fulfillment, Payson & Co., LLC, Gracie Station, PO Box 1435, New York, NY 10028. Specify winner's list or rules on your request. Please allow 2-4 weeks for prize delivery. SELECTION: The number of eligible entries received determines the odds of winning. In the event of a dispute regarding the identity of the person submitting the entry, the entry will be deemed to be submitted by the person in whose name the e-mail account is registered. The Contest will be conducted under the supervision of the Sponsor. The decision of the Sponsor is final and binding in all matters relating to this Contest. The winners may be notified by email; Sponsor reserves the right to determine the method of notification. Winners must claim their prize within five (5) business days after the date of notification of such prize. A Contest winner's failure to respond to the prize notification within the specified five (5) business days will be considered such Contest winner's forfeiture of the prize and an alternate winner may be selected from the pool of eligible entries. If an entrant is found to be ineligible, an alternate winner may also be selected from the pool of eligible entries. Sponsor reserves the right to ship prizes directly to the email and/or mailing address provided by winners during their entry to the Contest, or provided after award notification. GENERAL CONDITIONS AND RELEASES: An entrant or winner may be disqualified from the Contest if he or she fails to comply with each provision of these Official Contest Rules, as determined in the sole discretion of the Sponsor. Participation in the Contest is at entrant's own risk. Sponsor shall not be liable for 1) failed, returned or misdirected notifications based on inaccurate information provided by the winner on the contest entry form, 2) entries and responses to winner notifications which are lost, late, incomplete, illegible, unintelligible, postage-due, misdirected, damaged or otherwise not received by the intended recipient in whole or in part or for computer or technical error of any kind, 3) any electronic miscommunications or failures, technical hardware or software failures of any kind, lost or unavailable network connections, or failed incomplete, garbled or delayed computer transmissions which may limit an entrant's ability to participate in the Contest, 4) any technical malfunctions of the telephone network, computer on-line system, computer equipment, software, program malfunctions or other failures, delayed computer transactions or network connections that are human, mechanical or technical in nature, or any combination thereof, including any injury or damage to entrant's or any other person's computer related to or resulting from downloading any part of this Contest or 5) any warranty of fitness or merchantability of any prize or the function or operation thereof, which shall be the sole responsibility of the manufacturer of the prize. Sponsors do not make any, and hereby disclaim any and all, representations or warranties of any kind regarding any prize. Unless prohibited by applicable law, your entry constitutes your permission to use your name, photograph, likeness, voice, address (city and state) and testimonials in all media, in perpetuity, in any manner Sponsor deems appropriate for publicity purposes without any further compensation to such entrant. By entering or accepting a prize in the Contest, winners agree to be bound by these Official Contest Rules and to conform to all federal, state and local laws and regulations. When applicable, the winner (or, if the winner is a minor, the winner's parent or legal guardian) may be required to execute and return to Sponsors within ten (10) business days an Affidavit of Eligibility and a Liability and Publicity Release to be eligible for the prize or an alternate winner will be selected. Winner may be required to furnish proof of identity, address and birth date in order to receive a prize. By entering, an entrant agrees to release and hold harmless Sponsor and their respective parents, subsidiaries and affiliated entities, directors, officers, employees, attorneys, agents, and representatives from any damage, injury, death, loss, claim, action, demand, or other liability (collectively, "Claims") that may arise from their acceptance, possession and/or use of any prize or their participation in this promotion, or from any misuse or malfunction of any prize awarded, regardless of whether such Claims, or knowledge of the facts constituting such Claims, exist at the time of entry or arise at any time thereafter. Any person attempting to defraud or in any way tamper with this Contest will be ineligible for prizes and may be prosecuted to the full extent of the law. Sponsors reserve the right to modify these Official Contest Rules in any way or at any time. Sponsors reserve the right, in their sole discretion, to cancel or suspend this Contest should viruses, bugs or other causes beyond their control corrupt the administration, security or proper play of the Contest. In the event of cancellation or suspension, Payson & Co shall promptly post a notice on the Gift of the Month page of transformationaljewelry.com to such effect. This Contest shall be governed by New York law. By participating in this contest, entrants agree that New York courts shall have jurisdiction over any dispute or litigation arising from or relating to this Contest and that venue shall be only in New York, NY. By entering, an entrant agrees to release and hold harmless Sponsors and their respective parents, subsidiaries and affiliated entities, directors, officers, employees, attorneys, agents, and representatives from any damage, injury, death, loss, claim, action, demand, or other liability (collectively, "Claims") that may arise from their acceptance, possession and/or use of any prize or their participation in this promotion, or from any misuse or malfunction of any prize awarded, regardless of whether such Claims, or knowledge of the facts constituting such Claims, exist at the time of entry or arise at any time thereafter. Any person attempting to defraud or in any way tamper with this Contest will be ineligible for prizes and may be prosecuted to the full extent of the law. ©2008 Payson & Co., LLC. Gracie Station, PO Box 1435, New York, NY 10028. All Rights Reserved. |
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