Charles & Colvard Perfect Holiday Gift Giveaway – Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. EACH SWEEPSTAKES ENTRY WILL HAVE AN EQUAL CHANCE OF WINNING.
MAKING A PURCHASE WILL NOT IMPROVE AN INDIVIDUAL’S CHANCES OF WINNING.
1. The “Charles & Colvard Perfect Holiday Gift Giveaway” (“Sweepstakes”) begins at 12:00 a.m. Eastern Time (ET) on December 1, 2017 and ends at 11:59 p.m. ET on December 14, 2017 (“Sweepstakes Period”), and is sponsored by Charles & Colvard, Ltd. located at 170 Southport Dr., Morrisville, NC 27560 (the “Sponsor”). To enter, you must submit your full name and email address during the Sweepstakes Period (each, an “Entry”). Your Entry must be submitted at https://www.charlesandcolvard.com/the-perfect-holiday-gift-giveaway (the “Sweepstakes Website”) via the instructions on such website. All eligible respondents who properly submit an Entry during the Sweepstakes Period will be entered into the random drawing to receive one (1) of the five (5) Prizes. All improperly completed Entries will not be entered into the random drawing to win one (1) of the five (5) Prizes, will not be returned to the entrant that improperly completed such Entry, and such entrant will not otherwise be notified regarding the deficiency of entry. There is a limit of one (1) valid Entry per eligible person during the Sweepstakes Period.
2. FREE ALTERNATIVE METHOD OF ENTRY: To enter the random drawing for one (1) of the five (5) Prizes listed in Section 4 below without purchase or obligation or submitting an entry in accordance with Section 1 above: Hand print on a 3” X 5” card with your complete name, address, daytime phone number, email address (if applicable), and “Entry” and mail the original handwritten card inside an outer envelope (no larger than a #10 envelope) to the Charles & Colvard Perfect Holiday Gift Giveaway Sweepstakes at 170 Southport Dr., Morrisville, NC 27560 (such entry method is the “Free AMOE”). If an entry form is drawn but found to be incomplete or the writing illegible to the point that judges are unable to determine the identity of the winner, that entry form will be disqualified. Entries become the property of Sponsor and will not be returned. There is a limit of one (1) valid Free AMOE per eligible person during the Sweepstakes Period. All Free AMOE entries received from the same person over the quantity of one (1) will be eliminated from the random drawing. All mailing entries must be post-marked by December 14, 2017 and received by Sponsor by December 18, 2017 to be eligible for the random drawing to win one (1) of the five (5) Prizes listed in Section 4 below. All eligible respondents who properly complete and submit a card pursuant to this Free AMOE method of entry during the Sweepstakes Period will be entered into the random drawing to receive one (1) of the five (5) Prizes listed in Section 4 below.
3. Sweepstakes Drawing: The potential winners for the five (5) Prizes will be selected in a random drawing from all eligible entries received at or prior to 11:59 PM at the Sponsor’s principal place of business on December 19, 2017 (the “Prize Drawing”). The potential winners selected in the Prize Drawing are potential winners for one (1) of the five (5) Prizes. The Sponsor will attempt to notify the potential winners by phone or email within seven (7) days of the drawing. The potential winners will be required to complete and return an affidavit of liability/publicity release (the “Liability/Publicity Release”), which must be received by Sponsor within seven (7) days of the date notice or attempted notice was sent or alternate winners may be randomly drawn. If a potential winner cannot be contacted, is ineligible, fails to claim the Prize, or fails to return the required documents by the deadline specified in any Prize-related documents, the Prizes may, in the sole discretion of Sponsor, be forfeited and/or awarded randomly to alternate winners. In no event will a potential winner be eligible to receive more than one (1) Prize under this Sweepstakes. The Sponsor is not responsible for the safe arrival of any notification, confirmation thereof, or other correspondence. All applicable taxes are the responsibility of the winners. No part of the Prize is transferable. The Prize may not be substituted, except at the sole discretion of Sponsor. Odds of winning based on the number of valid entries received. Drawings will be conducted by Sponsor or an agent of Sponsor whose decisions are final and binding on all matters relating to this Sweepstakes drawing. If there is a dispute regarding who entered, the entry will be deemed to be made by the natural person who is assigned to the account by the applicable provider or organization that assign the phone, email or other account. Any entries to be deemed received from robotic, automatic, programmed or similar entry methods or agents (including, but not limited to, sweepstakes entry services) are prohibited and will void all entries by that entrant. There may be different advertising graphics used for this one Sweepstakes.
-The prize will be a 1.5 ctw near-colorless (G-H range) sterling silver necklace (the “Prize”). Sponsor will give away five (5) Prizes as part of this Sweepstakes.
-The total Approximate Retail Value of each Prize is $799.00.
The Prizes will be distributed by Sponsor or an affiliate or affiliates of Sponsor. All expenses and incidental costs not expressly stated herein are the responsibility of the winners. Winners cannot substitute, assign, or transfer the Prizes, except at the sole discretion of the Sponsor.
5. Employees of the Sponsor, and employees of the preceding companies’ agencies, subsidiaries, advertising and promotion agencies, media agencies, and their immediate family members and/or those living in the same household of each are not eligible for this Sweepstakes. Immediate family member is defined as husband, wife, children, mother, mother in-law, father, father in-law, sister, sister in-law, brother or brother in-law.
6. To qualify for the Sweepstakes, an entrant must be 18 years of age and a legal resident of the United States of America, each as of one (1) day prior to the Sweepstakes Period and continuing throughout the Sweepstakes Period. By entering into the Sweepstakes, entrants agree to abide by and be bound by these Official Rules and to accept the decisions of Sponsor as final. Further, by entering the sweepstakes, each entrant acknowledges and agrees that he/she is signing up to receive newsletters and special offers via email from the Sponsor. An entrant may remove himself/herself from such emails by using the “unsubscribe” feature on one email from each such entity mentioned in the previous sentence.
7. Entrants also agree to indemnify and hold Sponsor and each of its parent companies, affiliates, subsidiaries, officers, directors, agents, and employees and all others associated with the development and execution of this Sweepstakes harmless from any and all alleged and/or actual actions, demands, losses, settlements (whether or not litigation is commenced), claims, damages, and liability whatsoever, existing now or in the future, with respect to or in any way arising from this Sweepstakes or participation in any sweepstakes-related activity and/or delivery/mis-delivery, acceptance, possession, use, or misuse of a Prize including, but not limited to, (A) liability for personal injury, bodily injury (including wrongful death or disability), damage to property, and damage or loss of any other kind, including, but not limited to, any such liability as a result of entrant’s guests/invitees participating in any Prize event or experience with the entrant, (B) any technical malfunction or other problems relating to the telephone network or lines, computer online systems, servers, access providers, computer equipment, or software, or (C) the failure of any entry to be received by Sponsor, its advertising and promotion agencies, or the Sweepstakes judges for any reason including, but not limited to, technical problems or traffic congestion on the Internet or at any website or any combination of the above. Further, Sponsor and its advertising or promotion agencies, if any, will not be liable for any injury or damage to an entrant’s or any other person’s digital devices related to or resulting from participating or downloading any material in the Sweepstakes. Only the Prizes set forth in these complete Official Rules will be awarded. If, for any reason, the Sweepstakes is not capable of running as planned due to, but without limitation, tampering, unauthorized intervention, fraud, human or other error, technical failures, or any other causes beyond the control of Sponsor that, in the sole opinion of Sponsor, could corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify, or suspend the Sweepstakes and to draw winner(s) from all eligible entries received as of the date of termination. Any attempt to deliberately damage any portion of this offer or to undermine the legitimate operation of this Sweepstakes is a violation of criminal and civil laws, and should such an attempt be made, Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution. Neither Sponsor nor its affiliates are responsible for stolen, lost, late, misdirected, damaged, incomplete, illegible, or postage-due mail or entries; or for transactions that are processed late or incorrectly, or are lost due to any reason. Sponsor reserves the right to disqualify entrants who fail to follow these Official Rules or who make any misrepresentations relative to the Sweepstakes and Prize redemption. Sweepstakes void where prohibited by law, including where a bond and/or registration is required. Sponsor reserves the right to substitute Prizes of equal or greater value. By participating in this Sweepstakes, entrants agree to be bound by the Official Rules and the decisions of Sponsor and any of its representatives or affiliates. The Prize winner, by acceptance of the Prize, agrees to release Sponsor and its affiliates and advertising, promotional or judging agencies, if applicable, from any and all liability, claims, or actions of any kind whatsoever for injuries, damages or losses to persons or property (including third parties mentioned or shown in content submitted for this Sweepstakes), including, without limitation, personal injury or death, and claims based on publicity rights, privacy or defamation, which may be sustained in connection with the receipt, ownership or use of the Prize or while preparing for, participating in, and/or traveling to any Prize-related activity or any typographical or other error in the printing of these Official Rules or the offering or announcement of any Prize.
8. By claiming the Prize, the winner authorizes the use, without additional compensation of his or her name and/or likeness and/or voice/photograph, content submitted for this Sweepstakes, and municipality of residence for promotion and/or advertising purposes in any manner and in any medium (including, without limitation, radio broadcasts, newspapers and other publications and in television or film releases, slides, videotape, distribution over the Internet and picture data storage) which Sponsor may deem appropriate. For the avoidance of doubt, this authorization includes the right for Sponsor or a photographer working on behalf of Sponsor or an affiliate of Sponsor to take the Prize winner’s picture and to publish such pictures.
9. Sponsor will report all Prize winnings to the appropriate state and federal agencies as required by applicable law. Winners are responsible for all other associated costs in connection with the Prize, including tax consequences (if any). If applicable, a winner will be issued an IRS Form 1099 for the value of the Prize. Each winner agrees to permit Sponsor to use his/her name and likeness in promotional and other Sponsor materials, without additional compensation or permission, except where prohibited by law.
10. 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 the Sweepstakes, shall be governed by, and construed in accordance with, the substantive laws of the State of North Carolina, USA, including its statute of limitations and without regard to choice of law rules.
11. Except where prohibited by law, as a condition of participating in this Sweepstakes, each entrant agrees that (1) any and all disputes and causes of action arising out of or connected with this Sweepstakes or any Prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively, by final and binding arbitration under the rules of the American Arbitration Association and shall be held at the AAA office located in Raleigh, North Carolina; (2) the Federal Arbitration Act shall govern the interpretation, enforcement, and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, or consequential damages, or any other damages, including attorney’s fees, other than entrant’s actual out-of-pocket expenses (i.e., costs associated with entering this Sweepstakes), and entrant further waives all rights to have damages multiplied or increased. Some jurisdictions do not allow the limitations or exclusion of liability for incidental or consequential damages, so a portion of the above may not apply to you.
12. To receive a Prize winner list, send a self-addressed stamped envelope to: Charles & Colvard Perfect Holiday Gift Giveaway Winners List, 170 Southport Dr., Morrisville, NC 27560. Requests must be postmarked by December 14, 2017.
13. A copy of the Official Rules may also be obtained by printing this web page.
14. This Sweepstakes is in no way sponsored, endorsed, administered by, or associated with Facebook. Each entrant is providing information to Sponsor and not to Facebook. Each entrant hereby completely releases Facebook from any and all liability arising out of or in connection with this Sweepstakes.