Open Hearts Valentine’s Day Event Official Rules
No Purchase Necessary
Standard data and text messaging charges may apply.
- Eligibility: The Open Hearts Valentine’s Day Event (“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, officers, directors 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 and 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 is void where prohibited and subject to all federal, state and local laws and regulations. By entering, entrants acknowledge compliance with these Official Rules, including eligibility requirements.
- How To Enter for Weekly Drawings (excluding Twitter and the Grand Prize drawing): Sweepstakes begins 10:00 am Eastern Time (“ET”) January 1, 2014 and ends 4:00 pm ET February 14, 2014 (“Promotion Period”). There will be six weekly drawing periods as follows: The first weekly drawing period will begin at 10:00 am ET on January 1, 2014 and end at 11:59 pm ET January 10, 2014; all subsequent weekly drawing periods will begin each Saturday at 12:00 am ET during the Promotion Period and ending each Friday at 11:59 pm ET during the Promotion Period with the exception of the final weekly drawing period which will end at 4:00 pm ET on February 14, 2014. Entrants may earn a registration entry in one of the following ways: (1) To enter via QR code: During the Promotion Period, scan/read the Quick Response (“QR”) code on specially marked Kay® catalog blow-ins and handouts or in-store displays with your camera-enabled Smartphone (“Smartphone”) which will automatically load to www.kayopenheartsevent.com (“Website”) onto your Smartphone or visit the Website directly from your Smartphone. Follow the instructions on-screen to complete all required fields on the entry form to receive one (1) registration entry into that weekly drawing period and the Grand Prize drawing. If you do not have a QR code reader, software is available by mobile download. NOTE: You must have a data service plan for your wireless device with your wireless service provider to link to the Website. If you do not have a data service plan or a camera-enabled Smartphone, you may enter via the Website or Facebook® method of entry as hereafter described. (2) To enter via the Website from a desktop or laptop computer: During the Promotion Period, visit the Website and complete all required fields of the on-screen entry form to receive one (1) registration entry into that weekly drawing period and the Grand Prize drawing. (3) To enter via Text: During the Promotion Period, use your cellular phone or a two-way text-messaging capable device (collectively, the "Device") to text KAY to 63784 (“Text”). Once you have sent the Text, you will need to reply to a message verifying your eligibility (per these rules) and providing your email address and then you will receive a confirming email message and one (1) registration entry into that weekly drawing period and the Grand Prize drawing. Standard data and text messaging charges may apply. (4) To enter via Facebook®: During the Promotion Period, visit the official Kay Jewelers Facebook® Page at www.Facebook.com/KayJewelers. Follow the instructions to “Like” Kay Jewelers on Facebook®, accept the Sweepstakes Application (the “Application”) and complete all required fields of the on-screen registration form to receive one (1) registration entry into that weekly drawing period and the Grand Prize drawing. Entrants must pay normal Internet access and usage charges that may be imposed by their online service providers, if entering via the Website or Facebook® methods of entry. Limit one (1) registration entry per person/email address per day, regardless of method of entry. Entries will not carry forward for any subsequent weekly drawings.
Refer-a-Friend Entries: You may visit the Kay Jewelers Facebook® Page or the Website and follow the instructions to connect via Facebook®. From the Thank You or Already Registered Page, you will be prompted to share the Sweepstakes on Facebook® or Twitter® via a unique link. Upon clicking on this link, the referred friend will be directed to the Website or Facebook® app where he/she will be prompted to complete a registration entry. This will not earn you an entry into the Weekly Twitter® Drawings (as described below). You will receive one additional entry for each friend (up to 25) that clicks on your unique link and subsequently registers for the Sweepstakes through your link (“Refer-a-Friend entry”). Refer-a-Friend entries will be eligible for the weekly drawing period in which your friend enters and the Grand Prize drawing. Limit twenty-five (25) Refer-a-Friend entries per person/email address for the entire Promotion Period.
How To Enter for Weekly Twitter® Drawings Only: To enter via Twitter® for separate weekly Twitter® drawings, during the Promotion Period, you may Tweet a message to @KayJewelers with the hashtag #OpenHeartsSweeps or #OpenHeartSweeps to earn one Twitter® entry into that corresponding weekly 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® Weekly 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 Twitter® 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. Entries will not carry forward for subsequent weekly Twitter® drawings. Twitter® entries will not be included in the Grand Prize drawing. All content included in Tweets 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.
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/Facebook® accounts/Twitter® accounts per day are not permitted and will be automatically eliminated. All entries, regardless of method of submission, 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.
- Prizes and Approximate Retail Values (“ARV”): Grand Prize (1): A 5-day/4-night trip for two (2) to Malibu, California, including round trip economy class air transportation from the major airport nearest the winner’s residence to Los Angeles, CA, round trip ground transportation between the airport and hotel in Malibu, four (4) nights ocean view accommodations (based on double occupancy) at the Malibu Beach Inn or similar, use of car rental for five (5) days, winner’s choice of one surf or kayak lesson for two people and $500, awarded in the form of a check, for the Grand Prize winner only. The ARV of the Grand Prize is $7,500. Week 1 Prizes (20): A Silver Open Hearts Waves Charmed Memories Charm with a Silver 7.5" Lobster Clasp Charmed Memories Bracelet (ARV: $98.98 each). Week 2 Prizes (20): A Silver Open Hearts Waves 1/10 ct tw Blue and White Diamond Pendant (ARV: $229.99 each). Week 3 Prizes (20): A Silver 1/20 ct tw Open Hearts Iconic Diamond Pendant (ARV: $115 each). Week 4 Prizes (20): A Silver 1/10 ct tw Open Hearts Waves Blue and White Diamond Pendant (ARV: $229 each). Week 5 Prizes (20): A Silver/10K Rose Gold 1/20 ct tw Open Hearts Angel Pendant (ARV: $199.99 each). Week 6 Prizes (20): A 10K White Gold 1/6 ct tw Open Hearts Waves Blue & White Diamond Pendant (ARV: $579 each). Twitter® Week 1 Prizes (5): A Silver Open Hearts Waves Charmed Memories Charm with a Silver 7.5" Lobster Clasp Charmed Memories Bracelet (ARV: $98.98 each). Twitter® Week 2 Prizes (5): A Silver Open Hearts Waves 1/10 ct tw Blue and White Diamond Pendant (ARV: $229.99 each). Twitter® Week 3 Prizes (5): A Silver 1/20 ct tw Open Hearts Iconic Diamond Pendant (ARV: $115 each). Twitter® Week 4 Prizes (5): A Silver 1/10 ct tw Open Hearts Waves blue and white Diamond Pendant (ARV: $229 each). Twitter® Week 5 Prizes (5): A Silver/10K Rose Gold 1/20 ct tw Open Hearts Angel Pendant (ARV: $199.99 each). Twitter® Week 6 Prizes (5): A 10K White Gold 1/6 ct tw Open Hearts Waves Blue & White Diamond Pendant (ARV: $579 each). The actual value of the Grand Prize may vary based on airfare fluctuations and distance between departure city and Los Angeles. Grand Prize travel must be completed within one (1) year of prize award or prize will be forfeited. Exact travel dates and arrangements are subject to availability, limitations, blackout dates, capacities, and other restrictions and are subject to change, in Sponsor’s sole discretion. Meals, tips and other expenses not explicitly included in the Grand Prize package are the sole responsibility of the Grand Prize winner. Airline carrier's regulations apply. Grand Prize trip may not be combined with any other offer and travel may not qualify for frequent flyer miles. The Grand Prize winner and his/her travel companion must travel together on same itinerary. Grand Prize winner and his/her travel companion must possess valid travel documents (i.e., valid photo I.D.) in order to travel. Car rental is subject to additional restrictions set forth by car rental contract. If Grand Prize winner does not meet rental car requisites/requirements that portion of the prize will not be awarded and no additional compensation will be provided. Car must be returned with a full tank of gas. In the event the Grand Prize winner or the Grand Prize winner’s travel companion engages in behavior that (as determined by Sponsor, in Sponsor’s sole discretion) is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the trip or other applicable experience early, in whole or in part, and send the Grand Prize winner and his/her travel companion home with no further compensation. Winners are solely responsible for all taxes in connection with the prizes, including without limitation federal, state and local taxes, and the reporting consequences thereof. Prizes (or any portions of 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 (or portion of a prize) is unavailable. Sweepstakes Parties are not responsible for and assume no liability for cancellation or unavailability of specific flights.
- Random Drawing and Winner Notification: The Weekly Prize winners will be selected in weekly random drawings, from among all eligible entries received via Rule #2 during each week as defined above. The Twitter® Weekly Prize winners will be selected in weekly random drawings, from among all eligible Twitter® entries received during each week as defined above. Weekly drawings will be conducted on or about the Monday following each weekly end date. The Grand Prize drawing will be conducted on or about February 17, 2014, from among all eligible entries received (excluding the Twitter® entries) during the entire Promotion Period. Drawings will be conducted by the Administrator, an independent judging organization whose decisions are final on all matters relating to this Sweepstakes. Prizes will be awarded and potential winners who entered via Facebook® or Website will be notified by phone, email and/or mail. Text winners, if applicable, will be notified via email only. Winners will not be notified via Facebook®. Twitter® Weekly winners, will be notified by DM on Twitter®. Potential Twitter® Weekly winners must respond via email with name and mailing address within 24 hours of the message being sent. If potential Twitter® Weekly winners do 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. Grand Prize winner will be required to sign and return an Affidavit of Eligibility and Liability/Publicity Release (where legal) to Administrator within 10 days following the date of issuance of notification, which will be sent via email or USPS Priority Mail, or prize will be forfeited and an alternate winner selected. Weekly Prize winners may be required to verify address before delivery of prize. Grand Prize winner’s travel companion must execute a Release of Liability prior to travel and must be 18 years of age or older. Acceptance of a prize constitutes permission for Sweepstakes Parties to use winners’ names (and Grand Prize travel companion’s name), pictures, likenesses and Tweets (if applicable) for promotional purposes in any and all media throughout the Universe in perpetuity without further compensation except where prohibited by law. Odds of winning a prize are dependent upon the number of eligible entries received (either through Twitter® only or all other methods of entry) each week throughout the Promotion Period.
- 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, participants 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 address or mobile account used to enter will be deemed to be the entrant. An “authorized account holder” of an email address or mobile account is the natural person in whose name the email address or mobile phone account that has been issued by the Internet Access provider, on-line service provider or mobile service provider. Sponsor is not responsible for lost, late, or misdirected entries/texts, technical hardware/software failures of any kind, SMS delays, 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 website; 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. 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/texts 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 prize. 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 eligible entries/texts/tweets received each week and overall 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 Grand and Weekly Prize winners, send a self-addressed, stamped envelope, by April 15, 2014, to: Open Hearts Valentine’s Day Event Winners, Dept. ES, 100 Marcus Drive, 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®. Facebook® is a registered trademark of Facebook®, Inc. Any questions or complaints regarding this Sweepstakes shall be directed to Sterling Jewelers Inc., not Facebook®. You understand that you are providing your information to Sterling Jewelers Inc. and not to Facebook®.
Twitter® is not a sponsor of this Sweepstakes and is not involved in any way other than as the medium through which this Sweepstakes is conducted.
Facebook® is a registered mark owned by Facebook®.
Twitter® is a registered mark owned by Twitter®.