Sweepstakes Official Rules

Design a Gist Buckle Sweepstakes
OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT IMPROVE CHANCES OF WINNING. THE FOLLOWING SWEEPSTAKES IS VALID IN THE UNITED STATES ONLY (EXCLUDING NEW YORK AND RHODE ISLAND), AND IS OPEN ONLY TO QUALIFIED PERSONS (AS DEFINED IN THE RULES BELOW). VOID OUTSIDE THE U.S., IN NEW YORK, RHODE ISLAND AND WHEREVER PROHIBITED.

Contest Name: Design a Gist Buckle Sweepstakes

Contest Dates: Contest registration is scheduled to begin at approximately 12:00am Pacific Standard Time (PST) on 2/15/2011 and end at 11:59pm PST on 3/15/2011 (the “Registration Period”). The Instant Win Contest and Sweepstakes is subject to all applicable federal, state and local laws and regulations and is void where prohibited.

Who May Enter: Contest is open to legal U.S. residents only, excluding residents of New York and Rhode Island, who are age 18 or older as of date of entry, and have a valid driver’s license, except the following classes of persons who are not eligible to enter:

  1. Employees, officers, and directors of Gist Silversmiths (“Sponsor”), participating sponsors and prize or promotional partners, each of their respective franchisees, parents, affiliated companies, subsidiaries, distributors, retailers, printers, advertising and promotion agencies, and any and all other companies associated with the design or execution of this promotion (collectively, “Released Parties”), and the members of the immediate families or households, whether or not related, of any of the above. “Immediate family members” includes, for purposes of this promotion, parents (including in-laws), grandparents, siblings (including step-siblings), children (including step-children), grand children (including step grand children) and each of their respective spouses.
  2. Individuals who do not have current access to the internet or a valid email address to complete an eligible on-line registration to participate in the contest.

How to Register: Visit the Gist Silversmiths website and link to the contest site, or visit the Gist Silversmiths Facebook page at http://www.facebook.com/pages/Gist-Silversmiths/140659207392?ref=ts during the “Registration Period”. Follow the on-line instructions to complete the registration page. Each entrant must fully complete the registration page with all required information including his/her name, valid email address, and birth date.

After having read and agreed to these Official Rules, click the submit button to submit your on-line registration.

All entries must be fully complete for all required information. Any incomplete or illegible entries, or any entry submitted with an invalid email address will be disqualified. Any available opt-in opportunities are not required to enter the contest, and checking the opt-in boxes will not improve your chances of winning. Entries must be submitted by the close of contest registration. Maximum of one entry / registration per person or per valid email address during entire Registration Period.

Released Parties are not responsible for lost, late, misdirected, illegible, incomplete, invalid, unintelligible, damaged, or for entries submitted in a manner that is not expressly allowed under these rules, or for any entry not submitted or received due to any technical error or failure, unauthorized human intervention, inaccurate capture or mis-entry of any required information, or the failure to capture any such information or effects of hackers or failure of any electronic equipment, computer transmissions and/or network connections; all of which will be disqualified.

Each participant must submit an entry on his/her own behalf. Any entry submitted on behalf of another individual or using another person’s email address or name will be disqualified and ineligible to claim any prize. No mechanically reproduced or automated entries permitted. Use of any automated system to participate is prohibited and will result in disqualification and all such entries will be deemed void. In the event of a dispute as to any on-line registration, the authorized account holder of the e-mail address used to register will be deemed to be the registrant and he/she must be eligible according to these Official Rules. The “authorized account holder” is the natural person assigned an e-mail address by an Internet access provider, online service provider or other organization responsible for assigning e-mail addresses for the domain associated with the submitted address. All entries received become the property of the Sponsor and will not be returned.

Grand Prize Sweepstakes – Finalist Selection & Notification (Maximum of 3 finalists selected): Every eligible registrant who participates in the Design A Gist Buckle contest will receive one automatic entry for the Grand Prize Sweepstakes.

On or about March 16, 2011, a total of three (3) potential winners will be randomly selected from among all eligible entries received. Maximum of one winner per person or household. Each selected winner will be assigned one of the available Sweepstakes prize awards: grand prize (1st entry selected), 2nd place prize (2nd entry selected), 3rd place prize (3rd  entry selected).

Each potential Sweepstakes prize winner will be notified initially by phone beginning on or about March 17, 2011. If the Sponsor is unsuccessful in their attempts to reach and speak directly with the potential winner by phone after three attempts over a 5-business-day period to the phone number(s) listed on that potential winner’s entry, then that potential winner may be disqualified, and an alternate winner may be randomly selected from among all remaining eligible entries per the procedures outlined above. During the winner notification phone call, each potential winner must confirm his/her eligibility, and indicate his/her willingness to accept the prize. The winner will then receive official notification via email, mail or fax.

Each winner may be required to complete and return an affidavit of eligibility, and liability/publicity release, and may be required to present a valid driver’s license before prize will be awarded. Winner will receive the prize award within 6 to 8 weeks following receipt of the completed documents.

If a selected potential prize winner does not meet the eligibility requirements, is unable or unwilling to accept the prize, or elects to decline the prize, he/she will be disqualified. Any disqualified winner will not receive any alternate prize substitution or compensation.

Sweepstakes Prize Awards (Maximum of 3 available prizes): The prize awards available in the Sweepstakes drawing are as follows:

Grand Prize Winner (1 prize available): a buckle from Gist Silversmiths Champions Minted, Heritage or Round-Up Collection with a maximum retail value not to exceed $500.

2nd Place (1 prize available): a buckle from Gist Silversmiths Champions Minted, Heritage or Round-Up Collection with a maximum retail value not to exceed $350.

3rd Place (1 prize available): a buckle from Gist Silversmiths Champions Minted, Heritage or Round-Up Collection with a maximum retail value not to exceed $200.

Prize Claim and Delivery: All prize awards are subject to verification of compliance with these Official Rules and approval by the Sponsor. All applicable taxes, as the case may be, are the winner’s sole responsibility. The prize award is non-transferable and no cash redemption or prize substitution is allowed, except at the Sponsor’s sole discretion or as provided herein. The Sponsor reserves the right to substitute a prize of comparable or greater value, at its sole discretion.

Prize Winner Requirements: All potential prize winners will be required to complete and return: 1) a Declaration of Eligibility and Compliance with these Rules; 2) a prize acceptance form; and 3) a liability/publicity release (where permitted) 4) A photocopy of a government issued photo identification 5) A notarized affidavit and recorded statements (may be required to verify compliance with Official Rules); all of which must be completed, signed and returned as per instructions given by the Sponsor, within 5 business days from receipt. Upon receipt of the completed winner documents(s), winners will be contacted and informed about prize delivery arrangements.

Failure to collect or properly claim the prize in accordance with these rules will result in forfeiture of the prize. If forfeited for any reason, winners will not receive any other prize substitution or compensation, and the prize will remain the property of the Sponsor and will not be awarded, except as provided herein.

Additional Rules & Restrictions: By participating, entrants agree to abide by and be bound by the Official Rules and the decisions of the Sponsor and Administrator, which shall be final in all matters relating to this Sweepstakes. In the event an entrant wins a prize, and is later found to be in violation of these rules he/she will be required to forfeit the prize or to reimburse Sponsor for the stated value of the prize if such violation is discovered after winner has used the prize. Participation in Sweepstakes constitutes permission for the Sponsor and its designees to use entrants’ names, cities and states of residence and/or likenesses for purposes of advertising and trade in any and all media now or hereafter known worldwide on perpetuity without limitation or further compensation, notification or permission, unless prohibited by law. False, fraudulent or deceptive entries or acts shall render entrants ineligible for any prize.

By participating, entrants agree to hold all Released Parties harmless from any claims, losses, actions, or damages of any kind, whether actual, incidental or consequential, for injury (including but not limited to death), damages, losses or expenses arising out of or relating to entrant’s participation in this Sweepstakes, or the acceptance, possession or use/misuse of any prize, or participation in prize-related activities (including but not limited to travel or activity related thereto), and to assume all liability therefor. Released Parties shall not be liable to winner or any other person for failure to supply the prize or any part thereof by reason of any acts of God, any actions, regulations, orders, or requests by any governmental entity, equipment failure, terrorist acts, war, fire, unusually severe weather, embargo, labor dispute or strike, labor or material shortage, transportation interruption of any kind, or any other cause beyond Released Parties’ sole control.

Participants are restricted to use of ordinary and typical computer equipment, mobile phone equipment, Internet access and cellular networks. Sponsor disclaims all liability for the inability of a participant to complete or continue an entry due to equipment malfunction, busy lines, inadvertent disconnections, acts beyond the Sponsor’s control, or otherwise. The Sponsor disclaims any liability for received entries due to technical difficulties or transmission errors. The Sponsor disclaims all liability for any delays, mis-delivery, loss, or failure in the delivery of any item sent by mail, courier, express, electronic transmission, or other delivery method. Released Parties are not responsible for mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including: failed, incomplete, garbled or delayed transmission of online entries, traffic congestion on telephone lines, the Internet or at any website or lost or unavailable network connections which may limit an online entrant's ability to participate in the Sweepstakes, and any injury or damage to entrant’s or any other person’s computer or mobile phone related to or resulting from participating in or downloading any information necessary to participate in the Sweepstakes. Released Parties are not responsible for any other errors of any kind, whether computer, technical, typographical, printing, human or otherwise, relating to or in connection with the Sweepstakes, including, without limitations, errors which may occur in connection with the printing or advertising of this Sweepstakes, administration or execution of the Sweepstakes, the cancellation of the game, the processing of entries or in the announcement of the prizes or prize winners. Sponsor, in its sole discretion, reserves the right to disqualify any person tampering with the entry process or the operation of the Sweepstakes website.

Sponsor reserves the right to cancel, modify or terminate the Sweepstakes if fraud, misconduct or technical failures destroy or threaten the integrity of this portion of the Promotion, in the opinion of the Sponsor/Administrator, or if a computer virus, bug, or other technical problem corrupts the administration, security, or proper conduct of the Sweepstakes as determined by Sponsor/Administrator, in their sole discretion. In the event of early termination of the Sweepstakes, Sponsor reserves the right to determine the finalists in a random drawing from among all eligible, non-suspect entries received as of the time/date of such termination. If due to circumstances beyond the control of the Sponsor, any event associated with this Sweepstakes or the prize is delayed, rescheduled, postponed or cancelled, Sponsor reserves the right, but not the obligation, to cancel or modify the Sweepstakes and shall not be required to award a substitute prize.

Odds: The odds of being selected as an instant prize winner or sweepstakes drawing prize winner are dependent upon the total number of eligible participants, and the number of daily participation attempts in the instant win contest.

IN CASE OF DISPUTES: By participating, each participant agrees that (1) any and all disputes, claims, and causes of action arising out of or in connection with this Promotion, or any rebates awarded, shall be resolved individually, without resort to any form of class action, and any judicial proceeding shall take place in a federal or state court within the State of California; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys' fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, and consequential damages, 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 issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsor in connection with this Promotion, shall be governed by, and construed in accordance with the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of California or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than the State of California.

Winners List: For a copy of these official rules or a list of winners, send a self addressed, stamped envelope to: Design A Gist Buckle Sweepstakes, 4385 Pleasant Valley Road, Placerville CA 95667. Please specify which you are requesting, official rules or winners list. Requests must be received by 4/30/2011.

Sponsor: This Contest is sponsored by Gist Silversmiths, 4385 Pleasant Valley Road, Placerville, CA 95667.

 
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