Jay Strongwater Giveaway Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN.

INTERNET ACCESS AND VALID EMAIL ACCOUNT NECESSARY TO PARTICIPATE.

VOID WHERE PROHIBITED BY LAW. ALL FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS APPLY.

1. ELIGIBILITY: The Jay Strongwater Giveaway (the “Giveaway”) is open to legal residents ages 18 or older of the eligible contiguous United States (excluding residents of Rhode Island and any other jurisdiction where the Giveaway would be prohibited by law, who have an existing Internet connection as of April 1, 2013. By entering, entrant agrees: (a) to abide by these Official Rules (exact compliance is essential); (b) to accept as final and binding the decisions of the Sponsor, judge(s) and their agents in all matters relating to this Giveaway; (c) that all entries submitted become the property of the Sponsor and will not be acknowledged or returned; and for those entrants who have selected to opt-in, to receive information from third parties via the opt-in box on the entry form; and (d) to the collection of all information on each entry, and to its transfer to third parties for administration of this Giveaway. Employees of the Sponsor and its affiliates, subsidiaries, distributors, retailers and anyone involved with the design, production, execution or distribution of the Sponsor’s products, this Giveaway or related promotional materials and their immediate families (parent, child, sibling and spouse or “step” of each) or household members (any person living in the same household of any of the foregoing for at least four (4) of the twelve (12) months preceding the start of the Giveaway) are not eligible.
2. SPONSOR: Jay Strongwater LLC, 330 W. 38th Street, Suite 211, New York, NY 10018.
3. GIVEAWAY PERIOD: Entries into the Giveaway may be made during the period commencing on April 1, 2013, at 12:01 a.m. Eastern Time (EDT), and ending on June 30, 2013, at 11:59:59 p.m. Eastern Time (EDT) (the “Giveaway Period”).
4. ENTRY REQUIREMENTS:
   • 4.1 HOW TO ENTER: To enter the Giveaway, you should have Internet access and a valid e-mail account prior to the commencement of the Giveaway Period. Go to http://www.jaystrongwater.com/enter-to-win.aspx or follow the links provided in the promotional materials of the Sponsor or its participating affiliates to complete the Giveaway entry form. Click on the check box affirming that you have read, understand and agree to these Official Rules, and submit your entry form. YOU MUST CHECK THIS BOX IN ORDER TO PARTICIPATE. All entry forms must be received by the Sponsor by June 30, 2013, at 11:59:59 p.m. Eastern Time (EST).
   • 4.2 ENTRY CONDITIONS: The Sponsor has the sole discretion to determine the valid and official entry time should any discrepancies of time occur. The Sponsor is not responsible for lost, late, incomplete, misdirected, mutilated or postage due mail/request/entries. Additionally, limit one entry per person for the entire Giveaway Period. Odds of winning depend on number of eligible entries received. All qualified entries have an equal chance of winning. By participating, entrant agrees to these Official Rules.
5. DRAWING: A random drawing will be conducted in January 2013 from all eligible entries to award the following prizes:

   One (1) Giveaway winner will receive one Leighann Flower Edge 3" x 4" Frame - Leaf.
   
   Total approximate retail value of the prize: $595.00

   The winner will be notified by email or mail approximately two (2) weeks after being selected. The winner will be required to sign and return an Affidavit of Eligibility and Liability Release (where lawful) and a publicity release (collectively, the “Claim Form”) within two (2) weeks of notification to the Sponsor (“Submission Deadline”) in order to claim the prize, or prize will be forfeited. The name of the winner will be posted following the receipt by the Sponsor of the Claim Form from the confirmed winner.
   
   Winner may redeem the prize for store credit of the Sponsor, otherwise winner may not substitute, assign, or transfer the prize or redeem the prize for cash. The Sponsor reserves the right to substitute any prize with prize of equal or greater value if advertised prize becomes unavailable. Any depictions of prizes are for illustrative purposes only. Insurance, taxes, all expenses and incidentals not mentioned above are the responsibility of the winner.
   
   In the event of a dispute about the identity of the entrant, entries will be declared made by the authorized account holder of the email address submitted at time of entry. An authorized account holder is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g. business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. The potential winner may be required to provide the Sponsor with proof that the potential winner is the authorized account holder of the email address associated with the winning entry.
6. GENERAL: If you are notified that you are the winner, to be declared a prize winner, you must complete the Claim Form provided to you at the time of winner notification and sign an affidavit of eligibility, compliance and liability, and publicity release form which, among other things, confirms compliance with these rules, acceptance of the prize as awarded and release of certain parties from any losses, liabilities, damages or claims arising from or related to the prize awarded and the Giveaway itself. If a potential winner fails to submit the Claim Form with all information required by the Submission Deadline, the Sponsor reserves the right to disqualify the potential winner, and the Sponsor shall be fully and completely released and discharged from any liability or responsibility in this regard. If any prize notification e-mail or prize is returned as undeliverable, prize will be forfeited and an alternate winner will be selected. All completed Claim Forms and winning Code submitted become the property of the Sponsor. The Claim Form and Code will be verified by the Sponsor. The prize will be shipped within four (4) to six (6) weeks of receipt of verification of the winner. The Sponsor reserves the right, in its sole discretion, to disqualify persons whose eligibility is in question or who cannot or do not comply with these Official Rules, or for any other reason whatsoever. Neither the Sponsor nor any of its agencies are responsible for lost, late, or misdirected entries, or interrupted or unavailable network server or other connections, miscommunications, failed telephone or computer transmissions, or technical failure, jumbled, scrambled or misdirected transmissions, or other errors of any kind whether human, mechanical or electronic or for phone, electrical, network, computer hardware or software program malfunctions, failures or difficulties, or for ISP/network/Web site accessibility or unavailability. Persons found tampering with or abusing any aspect of this Giveaway, as solely determined by the Sponsor, will be disqualified. If disqualified for any tampering or abuses, the Sponsor reserves the right to terminate entrant’s eligibility to participate in the Giveaway. In the event any portion of this Giveaway is compromised by virus, bugs, non-authorized human intervention or other causes beyond the control of the Sponsor which, in the sole opinion of the Sponsor, corrupts, or impairs the administration, security, fairness or proper submission of entries, the Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Giveaway, and randomly select a winner from entries received prior to the action taken. All decisions of the Sponsor on all matters relating to this Giveaway are final.
7. GENERAL RELEASE: ENTRANT, BY ENTERING THIS GIVEAWAY, AGREES THAT: (A) THE SPONSOR AND ITS AFFILIATE COMPANIES, PARENTS, SUBSIDIARIES, ADVERTISING AND PROMOTION AGENCIES, APPLICABLE SPORTS LEAGUE AND EVENT HOST, AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANT AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES, DAMAGES, CLAIMS OR ACTIONS OF ANY KIND, INCLUDING WITHOUT LIMITATION DEATH, PROPERTY DAMAGE, AND CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE OR USE OF THE PRIZE OR PARTICIPATION IN THIS GIVEAWAY OR PARTICIPATION IN ANY GIVEAWAY-RELATED ACTIVITY; (B) UNDER NO CIRCUMSTANCES WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES; (C) ALL CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS GIVEAWAY, OR ANY PRIZE AWARDED, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND (D) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARD SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, EXCLUDING ATTORNEYS’ FEES AND COURT COSTS.
8. USE OF WINNER’S NAME, LIKENESS, ETC.: Without limitation, except where legally prohibited, participation in this Giveaway constitutes each participant’s consent to the extent permitted by law to the use of his or her name, image, voice, likeness, city of residence and/or photographs without compensation in any publicity or advertising carried our in any medium worldwide by the Sponsor and those acting under its authority without limitation or further notification.
9. WINNER’S RESPONSIBILITY: THE WINNER IS SOLELY RESPONSIBLE FOR ALL COSTS AND EXPENSES NOT SPECIFIED IN THESE OFFICIAL RULES. ALL FEDERAL, STATE, AND LOCAL TAXES, LICENSE, TITLE AND/OR REGISTRATION FEES OR OTHERS COSTS, ASSOCIATED WITH WINNING THE PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER. NEITHER THE SPONSOR NOR THOSE ACTING UNDER ITS AUTHORITY SHALL BE RESPONSIBLE FOR ANY SUCH TAXES, FEES AND COSTS.
10. WINNER POSTING: The name of the winner will be posted on the Sponsor’s website following the receipt by the Sponsor of the Claim Form from the confirmed winner. In addition, the name of the winner may be obtained by sending a stamped, self-addressed envelope between September [ ], 2013, and December 31, 2013, to: Jay Strongwater Giveaway Winner, c/o Jay Strongwater LLC, 330 W. 38th Street, Suite 211, New York, NY 10018. Vermont and Washington residents and residents of any other states where this requirement is proscribed by law may omit return postage.
11. COPYRIGHT/TRADEMARKS: The Giveaway and all accompanying materials are copyright ©2013 Jay Strongwater LLC. All rights reserved. Jay Strongwater and its logo are registered trademarks or trademarks of Jay Strongwater LLC in the United States or other countries. All trademarks or trade names are the property of their respective owners.
12. MISCELLANEOUS: The Giveaway and these Official Rules will be governed, construed, and interpreted under the laws of the State of New York, United States of America, without regard to conflicts of laws principles. Entrants consent to be bound by the jurisdiction and venue of the federal, state and local courts located in New York, New York, for the resolution of all disputes. Except with respect to governing law, the Sponsor’s Terms and Conditions and Privacy Policy apply to the Giveaway; please review them at http://www.jaystrongwater.com/terms-of-use.aspx and http://www.jaystrongwater.com/privacy-policy.aspx. Entrants agree to be bound by these Official Rules and by the decisions of the Sponsor, which are final and binding in all respects. The Sponsor reserves the right, in its sole discretion, to change these Official Rules at any time without notice. All rights reserved.
    
    All communication with respect to the Giveaway, including requests to be removed from future Giveaway mailings or promotions, should be directed to the Sponsor.