1. INTRODUCTION
Kay Jewelers (“Sponsor”) is offering the Kay
Jewelers Mother’s Day Giveaway
(“Sweepstakes”). NO PURCHASE OR OBLIGATION IS NECESSARY. By entering this
Sweepstakes, entrants agree to abide by all terms of these Official Sweepstakes
Rules and the decisions of Jones Radio Networks, Inc. (“Sweepstakes
Administrator”) MediaAmerica and Sponsor, whose decisions shall be final and
binding. VOID WHERE PROHIBITED.
2. Eligibility
This Sweepstakes is
open only to individuals who are 16
years of age or older and legal residents of the
3. HOW TO ENTER
The Sweepstakes
begins at 02:01 a.m. E.S.T on April 28,
2008 and ends May 8, 2008 11:59:59
p.m. E.S.T (“Sweepstakes Period”). To enter, participants must be the
correct caller during weekday broadcasts of the “CD Country” program (the “Program”)
during the Sweepstakes Period. No responsibility is assumed by Sweepstakes
Entities for any telephone or other technical malfunctions that may occur.
Each CD Country affiliate that
chooses to solicit calls directly to its own local telephone number for this
Sweepstakes may submit one grand prize name per local day part, per day,
during the Sweepstakes Period (for example, a local affiliate airing a
local program during 2 day parts Monday through Friday is allowed to submit
10 grand prize entries each week during the Sweepstakes Period). In
addition, each CD Country affiliate that chooses to collect entries at local
live remote broadcasts may submit five entries per remote (no more than two
remotes per week) during the duration of the promotion. Local radio station
affiliates are responsible for awarding runner-up prizes, if any, to its own
grand prize entrants for this Sweepstakes. Local qualifier names (Make
sure to include: Name, Address, Birthday and Phone Numbers) must be submitted
to the sweepstakes administrator no later than May 1, 2008 at 5 PM EST.
4. Winner Selection/notification
Grand Prize winner
will be selected by random drawing from all eligible entries received during
the Sweepstakes period.
One grand prize winner
will be selected and announced on the air on May 9, 2008.
Odds of winning
depend on the number of eligible entries.
Only one (1) winner
per household.
5. PrizeS
One (1) grand Prize
winner will receive: Two (2) Quarter Carat Diamond Solitaire Necklaces from Kay
Jewelers.
The grand prize value
is $700.00.
Fifty (50) Qualifying
Prizes: CD’s
Prizes are
non-transferable. No cash redemption or substitution, except that Sweepstakes
Entities, in their sole discretion, reserve the right to change or replace
prizes at any time with prizes of greater or comparable value. The value of
prizes may be taxable as income. Prize winners are solely responsible for all
applicable federal, state and local taxes that become due. All prizes will be
awarded, provided a sufficient number of eligible entries are received.
6. WINNER
NOTIFICATION
Sweepstakes Administrator will attempt to notify the
prospective grand prize winner by telephone on or about May 9, 2008. If
the prospective grand prize winner cannot be contacted within 1 day of the
first attempted contact, or if eligibility requirements are not met, a
prospective grand prize winner will be deemed ineligible, and an alternative
prospective grand prize winner will be selected at random. This winner
selection process will continue through 3 rounds of selecting alternates until
a grand prize winner is determined. Failure to comply with these Official
Sweepstakes Rules or to claim a prize will result in disqualification of a
prospective winner and the selection of an alternate winner.
7. General Conditions
This Sweepstakes is subject to all applicable federal, state
and local laws, rules and regulations. Entrants grant to Sweepstakes Entities
the right to use and publish their proper name, city and state online and in
print or any other media, in connection with the Sweepstakes. Acceptance of a
prize constitutes permission for Sweepstakes Entities to use winners' names and
likeness for advertising and promotional purposes without additional
compensation unless prohibited by law. Sweepstakes Entities reserve the right
to disqualify any individual they find to be tampering with the entry process
or the operation of the game; to be acting in violation of these Official
Sweepstakes Rules; or to be acting in an unsportsmanlike or disruptive manner,
or with intent to annoy, abuse, threaten or harass Sweepstakes Entities or any
other person. CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY UNDERMINE THE
LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL
LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SWEEPSTAKES ENTITIES RESERVE THE
RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY
LAW.
8. Limitations of Liability
If for any reason the Sweepstakes is not capable of running
as planned, including, but not limited to, due to tampering, unauthorized
intervention, fraud, technical failures or any other causes beyond the control
of Sweepstakes Entities which corrupts or affects the administration, security,
fairness, integrity or proper conduct of this Sweepstakes, Sweepstakes Entities
reserve the right to disqualify any individual who causes any such problem, and
to cancel, terminate, modify or suspend the Sweepstakes. Sweepstakes Entities
assume no responsibility for any error, omission, interruption, deletion,
defect, delay in operation or transmission, or any problem or technical
malfunctions of any telephone network or lines, or any combination thereof,
which may limit an entrant’s ability to participate in this Sweepstakes.
By entering this Sweepstakes, each entrant agrees that (i)
any and all disputes, claims, and causes of action arising out of or in
connection with the Sweepstakes or any prizes awarded, shall be resolved
individually, without resort to any form of class action; (ii) 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 will attorneys' fees be awarded or recoverable; and (iii) under no
circumstances will any entrant be permitted to obtain any award for, and
entrant hereby knowingly and expressly waives all rights to, punitive,
incidental or consequential damages and/or any other damages other than actual
out-of-pocket expenses.
Each winner, by accepting a prize, agrees to release and
hold harmless Sweepstakes Entities from any and all liability, claims or
actions of any kind whatsoever, which may result from the receipt, enjoyment,
ownership or use or misuse of such prize (including, without limitation, claims,
costs, injuries, losses and damages related to personal injuries, death, damage
to, loss or destruction of property, or any claims, costs, injuries, losses, or
damages related to or based on the entrant's rights of publicity or privacy, or
the entrant's claim that he/she has somehow been defamed or portrayed in a
false light).
Sweepstakes Entities do not assume any responsibility for
any schedule changes in the Sweepstakes timeline, including without limitation,
scheduling conflicts, labor strikes, Acts of God, or other unforeseen events
that disrupt the Sweepstakes schedule. Sweepstakes Entities reserve the right
to cancel, modify, or suspend this Sweepstakes.
ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION,
VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL SWEEPSTAKES RULES
OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SWEEPSTAKES ENTITIES IN CONNECTION
WITH THIS SWEEPSTAKES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE
LAWS OF THE STATE OF COLORADO WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAW
RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE'S LAWS.
THE INVALIDITY OR UNENFORCEABILITY OF ANY PROVISION OF THESE 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 RULES SHALL OTHERWISE REMAIN IN EFFECT AND SHALL BE CONSTRUED IN
ACCORDANCE WITH THEIR TERMS AS IF THE INVALID OR ILLEGAL PROVISION WERE NOT
CONTAINED HEREIN. EACH PERSON WHO PARTICIPATES IN THIS SWEEPSTAKES AGREES THAT
THE STATE AND FEDERAL COURTS LOCATED IN DENVER, COLORADO SHALL HAVE EXCLUSIVE
JURISDICTION OVER ANY SUIT OR OTHER PROCEEDING ARISING OUT OF OR BASED UPON
THESE OFFICIAL SWEEPSTAKES RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR
SWEEPSTAKES ENTITIES IN CONNECTION WITH THIS SWEEPSTAKES AND EACH HEREBY WAIVES
ANY CLAIM THAT IS NOT SUBJECT PERSONALLY TO THE JURISDICTION OF SAID COURTS OR
THAT ANY SUCH SUIT OR OTHER PROCEEDING IS BROUGHT IN AN INCONVENIENT FORUM OR
IMPROPER VENUE.
9.
Winners List
For
a list of winners, send a self-addressed, stamped envelope to: Attn:
Kay Jewelers Winner List, PO Box 5024, Greenwood Village, CO 80155. Requests must be received no later than May
16, 2008. Allow 2-4 weeks for delivery.
10. Sponsor
Kay Jewelers/Sterling
Jewelers Inc.,
11. SWEEPSTAKES ADMINISTRATOR
Jones Radio Networks,
Jones MediaAmerica,
Inc.,
SWEEPSTAKES
VOID WHERE PROHIBITED