Miles Kimball "75th Anniversary Diamond"
Sweepstakes Official Rules |
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| No Purchase Necessary To Enter or Win!
A purchase will not improve your chance of winning. Participation constitutes entrant's full
and unconditional agreement to and acceptance of these Official Rules. The "75th Anniversary Diamond" Sweepstakes
("Sweepstakes") will begin at 12:00 am Eastern Standard Time (EST) on February 22, 2010 ("Sweepstakes Start Date"),
and end at 11:59 pm EST on April 30, 2010 ("Sweepstakes Period"). Sweepstakes is sponsored by Miles Kimball Company,
250 City Center, Oshkosh, WI 54901 (the "Sponsor") who is solely responsible for all aspects of this sweepstakes. |
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| Eligibility: Sweepstakes is open only to individuals who are (i) legal U.S.
residents located in the U.S., and (ii) 18 years of age or older as of “Sweepstakes Start Date”. Employees, officers and
directors of Sponsor, its parent company, affiliates, subsidiaries, agents and advertising and promotion agencies,
(collectively including Sponsor, “Released Parties”) as well as the immediate family members (parents, children, siblings,
spouses) and/or persons living in the same household (whether related or not), are not eligible to participate in the
Sweepstakes. All federal, state and local laws and regulations apply. Void in Puerto Rico, the U.S. Virgin Islands,
U.S. Military installations in foreign countries, and where prohibited, taxed or otherwise restricted by law. |
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Four Ways to Enter: 1.) Place a merchandise order from Miles Kimball on
http://www.MilesKimball.com and you are automatically entered into the Sweepstakes. If an order
is placed for a company, the person placing the order shall be the individual entered in the Sweepstakes. Every order placed
during the Sweepstake period will receive a Sweepstakes entry. All orders must be received by 11:59pm EST on April 30, 2010.
2.) Place a merchandise order from the Miles Kimball catalog and you will be automatically entered into the
Sweepstakes. If an order is placed for a company, the person placing the order shall be the individual entered in the
Sweepstakes. Every order placed during the Sweepstake period will receive a Sweepstakes entry. All orders must be received by
11:59pm EST on April 30, 2010. 3.) Enter on-line at http://www.MilesKimball.com
and input your first name, last name, email address,
mailing address, city, state, zip, phone number with area code first, and date of birth. Upon providing all of the
aforementioned information, you will be automatically entered into the Sweepstakes. Limit one on-line entry per person
and/or e-mail address per day. All on-line entries must be received by 11:59pm EST on April 30, 2010. 4.)
Enter by hand printing on a 3" x 5" card, in black or blue ink, your first name, last name, email address (if available),
mailing address, city, state, zip, phone number with area code first, date of birth and the words "75th Anniversary
Diamond Sweepstakes" and mail the 3" x 5" card in a first class stamped envelope to: Miles Kimball "75th Anniversary
Diamond" Sweepstakes c/o 90 Rockwood Place, Rochester, NY 14610. The mail-in entries must be postmarked by April 30, 2010 and
received by May 7, 2010. Each properly completed and received card will receive one entry into the Sweepstakes drawing.
Limit one entry per person per address per day; one card per envelope per day and each envelope must be mailed separately.
All valid entries received will be entered into the Sweepstakes. Sponsor reserves the right, in its sole discretion, to void
any and all entries of an entrant that submits more than the stated maximum limit of entries by using multiple/different
addresses, identities, or any other methods, or who Sponsor believes has attempted to tamper with, influence or impair the
administration, security, fairness, or proper play of this Sweepstakes. Released Parties are not responsible for: lost, late,
incomplete, illegible, incorrect, delayed, garbled, undelivered, misdirected, stolen, postage-due registrations, entries or
mail. Proof of sending or submission will not be deemed to be proof of receipt by Released Parties. Use of any automated system
to submit entries is prohibited and will result in disqualification of all such entries as well as the entrant. All entries
become the exclusive property of Sponsor and will not be acknowledged or returned. By participating in this Sweepstakes,
entrants agree to be bound by these Official Rules and the decisions of the Sponsor which are final and binding in all matters
relating to the Sweepstakes. |
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| Limitations of Liability: If for any reason this Sweepstakes is not capable of running
as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical
failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration,
security, fairness, integrity or proper conduct of this sweepstakes, the Sponsor reserves the right at its
sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate,
modify or suspend this Sweepstakes in whole or in part, at any time, without notice and award the prizes
using all non-suspect eligible entries received as of this termination date. Released Parties assume no
responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The
Released Parties are not responsible for any problems or technical malfunction of any telephone network or
telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of
any e-mail or entry to be received by Sponsor on account of technical problems, human error or traffic
congestion on the Internet or at any Website, or any combination thereof, including any injury or damage
to participant's or any other person's computer relating to or resulting from participation in this
Sweepstakes or downloading any materials in this Sweepstakes. CAUTION: ANY ATTEMPT 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, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES
FROM ANY SUCH PERSON (S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. |
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| Grand Prize: There will be one (1) Grand Prize. The Grand Prize winner will receive a
18 karat white gold ring with 1.00 total carat of micro pave’ set diamonds set around a 1.50 carat fancy yellow cushion
cut diamond. The diamonds have been verified by Thimke Diamonds. The diamond ring has an Approximate Retail Value
“ARV”) of $10,000. By accepting the prize, the prize winner agrees to release the Released Parties from any and all
liability whatsoever for any injuries, losses, or damages of any kind caused by entering the promotion or for damages of
any kind caused by any prize or resulting from acceptance, possession, or use/misuse of prize awarded, or while preparing
for, participating in, and/or traveling to and from any prize-related activity. The prize winner is solely responsible
for all applicable federal, state, and local taxes associated with the receipt of the prize. Prize is not exchangeable,
transferable, or redeemable for cash. There are no substitutions unless specified by the Sponsor. The Sponsor reserves
the right at its sole discretion to substitute any prize package with another prize of equal or greater value. |
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| Drawing and Notification: The potential Grand Prize Winners will be selected, from among all eligible
entries received, in a random drawing conducted on or about May 15, 2010 by American Sweepstakes & Promotion Co. (“the
Administrator”) an independent judging organization, whose decisions are final in all matters relating to this Sweepstakes.
Odds of winning will depend on the total number of eligible entries received. The potential winner will be notified by
phone and mail. Upon initial notification and verification of potential Grand Prize winner, confirmation will be sent to
winner in writing via USPS mail, or other home delivery service of Sponsor’s choice. |
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| Prize Conditions:The Prize winner is solely responsible for all applicable federal, state, and local
taxes (if applicable) associated with the receipt of any prize and an IRS 1099 tax form will be issued for the ARV of
the prize The Grand Prize winner will be required to sign an Affidavit of Eligibility and Liability/Publicity Release)
and return it within 14 days of written notification by mail or prize may be forfeited and an alternate potential
winner selected. If a prize or prize notification is returned as unclaimed or undeliverable to the potential winner,
if potential winner cannot be reached within three (3) calendar days from the first notification attempt, if potential
winner fails to return requisite document within the specified time period, and/or if a potential winner is not in
compliance with these Official Rules, then such person shall be disqualified and, an alternate winner will be selected
for the prize at issue. All potential winners are subject to verification before any prize will be awarded. |
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| Other Terms & Conditions: The Sweepstakes is subject to all applicable federal,
state, and local laws. By participating in the Sweepstakes, entrants agree to be bound by these Official Rules and agree that:
1.) Released Parties and their designees and assigns shall have the right and permission to use (unless prohibited by law) the
winner’s name, photograph, likeness, statements, biographical information, voice and address (city and state), in all forms of
media, in perpetuity, without further notice, permission or compensation, and 2.) Released Parties and their designees and
assigns and all of their respective officers, directors, employees, representatives and agents shall have no liability and
entrant will indemnify, defend and hold Released Parties harmless from any liability, loss, injury, or damage to entrant
themselves or any other person or entity, including personal injury, death or damage to personal or real property, to entrant
or any other person or entity due in whole or in part, directly or indirectly, by reason of the acceptance, possession, use
or misuse of the prize (including any prize activity or travel related thereto) or participation in this Sweepstakes.
Entrants further acknowledge that said parties have neither made nor are in any manner responsible or liable for any warranty,
representation or guarantee express or implied, in fact or in law, relative to the prize, including, but not limited to, its
quality or fitness for a particular purpose. Sponsor reserves the right, in its sole discretion, to disqualify any entry and
to modify, terminate or suspend this Sweepstakes should virus, bugs, non-authorized human intervention, action of entrants, or
other causes beyond the reasonable control of Sponsor corrupt or impair the administration, security, fairness or proper play
of the Sweepstakes and, if the Sweepstakes is modified, terminated or suspended, at Sponsor’s discretion, select winners from
those eligible, non-suspect entries. Entrants further acknowledge that said parties have neither made nor are in any manner
responsible or liable for any warranty, representation or guarantee express or implied, in fact or in law, relative to the
prize, including, but not limited to, its quality or fitness for a particular purpose. |
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| Disputes: By entering the Sweepstakes, entrants agree that 1.) Any and all disputes, claims, and causes of
action arising out of or connected with the Sweepstakes, or any prizes awarded, 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, including costs associated with entering the Sweepstakes but in no event attorneys' fees; and 3.) 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 issues and questions concerning the construction, validity, interpretation and enforceability of these Official
Rules, or the rights and obligations of the entrants and Sponsor or the Released Parties in connection with the Sweepstakes,
shall be governed by, and construed in accordance with the laws of the state of Wisconsin 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 Wisconsin. 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 Wisconsin, 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.
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. The value of the prizes set forth above represents Sponsor’s good faith determinations of
the ARV thereof and such determinations are final and binding and cannot be appealed. If the actual value of any prize turns
out to be less than the stated ARV, the difference will not be awarded in cash. |
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| Winners List: To request confirmation of the name and address of the winners, please send a self-addressed,
stamped business size envelope, by July 15, 2010, to: ASC/ Miles Kimball “75th Anniversary Diamond Sweepstakes” Winners List,
300 State Street, Suite 402, Rochester, NY 14614. |
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| Sponsor: Miles Kimball Company, 250 City Center, Oshkosh, WI 54901
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| Click Here to enter the contest! |
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