GIFT CARD GIVEAWAY RULES
Sponsored by Diamond Cellar Holdings, llc ("Sponsor")
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. OPEN TO LEGAL U.S. RESIDENTS ONLY.
1) Eligibility: The Giveaway is open to natural persons who are legal residents of the U.S. and Ohio, and 21 years of age or older at the time of entry, and who are on Sponsor's distribution list and received a survey by email from Sponsor during the Entry Period. Employees of Sponsor or Forevermark US Inc. and their immediate family members (including mother, father, sister, brother, daughter, son or spouse), regardless of where they live; or persons who reside in the same household, whether related or not, are not eligible.
2) Entry Period: The Giveaway begins upon mailing of the Diamond Cellar survey to recipients on approximately March 29, 20126 and ends 14 days thereafter on April 12, 2016 at 5PM EST. All times to be determined by Sponsor’s clock.
4) Selection of Winners: A random drawing will be will be held on or about Friday, April 15, 2016 from all eligible entries received during the Entry Period. Odds of winning depend on the number of eligible entries. All prizes will be awarded. Limit one (1) prize per person.
5) Prizes: Three (3) prizes will be awarded. Each prize is one (1) American Express® Gift Card with a value of $500. Approximate Retail Value (“ARV”) of each prize: $500. Total ARV of all prizes: $1,500. See card terms and conditions at http://www.americanexpress.com/us/content/prepaid/gift-cards/terms-and-conditions.html. All prizes awarded “AS IS”, “AS AVAILABLE”, and without warranty of any kind, express or implied, including without limitation any implied warranty of merchantability or fitness for a particular purpose. All federal, state and local taxes and duties are the winner’s responsibility. A prize may not be transferred, substituted or redeemed for cash, except that Sponsor may substitute a prize of equal or greater value due to prize availability.
6) Winner Notification: Potential winners will be notified by email within five (5) business days of the end of the Entry Period. Potential winners must respond by email as directed within three (3) business days after receipt of notification. All potential winners are subject to Sponsor’s verification of eligibility and compliance with law. In the event a potential winner is deemed ineligible or unable to accept a prize for any reason, a new potential winner will be selected following the procedures outlined above. All prizes will be awarded.
7) Prize Delivery: Upon confirmation, winners must inform Sponsor of their choice whether to pick up the prize at an Ohio store location of Diamond Cellar; or receive the prize via postal mail or email. Prizes will be available for pick-up or mail/email within five (5) business days following confirmation of all winners. For store details, see http://www.diamondcellar.com/pages/locations.
8) Communications: Entrants agree to be contacted by Sponsor regarding the Giveaway. Winners agree that their name and city/state may be used in announcing the winners of the Giveaway, and short biographical information may also be used if approved by the winner.
9) Release: By participating in the Giveaway, entrants agree that Sponsor, Forevermark, and their affiliates and their officers, directors, employees, affiliates, agents, successors and assigns (collectively, “Sponsor Entities”) have no liability or responsibility and are hereby released from any liability or responsibility for any injuries, losses or damages of any kind resulting from the Giveaway or the prizes, including claims unknown when this release is entered; and further agree to indemnify, defend and hold harmless Sponsor Entities from any claims, liability, damage, loss, injury or death to persons or property caused or claimed to be caused, in whole or in part, directly or indirectly, by participation in the Giveaway (or any activity related thereto), use of any entry or portion thereof, acceptance, possession, use of any Prize, or use of entrant's name, voice, likeness, biographical information, entry, statements attributed to winner (if true) or city of residence.
10) Administration: Sponsor reserves the right in its sole discretion to cancel or modify the Giveaway. Sponsor is not responsible for incorrect or inaccurate entry information, human error, technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, line failures or any telephone network, computer equipment, software, inability to access any website or on-line service, or any other error or malfunction, or late, lost, incomplete, illegible or misdirected entries. If Sponsor determines, in its sole discretion, that there is any suspected or actual tampering with the Giveaway or if technical difficulties compromise the integrity of the Giveaway, Sponsor reserves the right to void the entries at issue and/or terminate or modify the Giveaway and/or conduct a random drawing to award any prizes using all eligible entries received as of the termination date. Sponsor is not responsible for any computer or human act or error which compromises the administration of the Giveaway. All federal, state and local laws and regulations apply. Void where prohibited or restricted by law.
11) Disputes: The Agreement shall be governed by, and construed in accordance with, the laws of the State of Ohio, without regard to its conflict of law provisions. The sole and exclusive forum and venue for any dispute shall be in Ohio. By entering, entrants agree that: i) under no circumstance may entrant obtain an award for, and entrant hereby waives all right to claim, punitive, incidental, consequential or any other damages, other than for out-of-pocket expenses; ii) all causes of action arising out of or connected with the Giveaway or any prize shall be resolved individually, without resort to any form of class action; and iii) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, but in no event will entrant be entitled to receive attorneys fees or other legal costs.
12) Entire Agreement: These Rules and any Affidavit of Eligibility, Liability Release and Publicity Release serve as an agreement with Sponsor and reflect the entire understanding between entrants/winners and Sponsor concerning the Giveaway and the subject matter hereof. The invalidity or unenforceability of any provision of these Rules will not affect the validity or enforceability of any other provisions, which will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of this agreement will not constitute a waiver of that term or any other term. No modification or waiver of the terms of this agreement shall be effective unless made in a writing signed by all parties.
13) Winners' List: For a list of winners or copy of these Rules, send a self-addressed stamped envelope with your request to Diamond Cellar, 6280 Sawmill Rd, Dublin, OH 43017. The list of winners also will be posted on the Sponsor’s website at www.diamondcellar.com/blogs/news. Winners' list will be available by Friday, April 15, 2016.
14) Sponsor Name and Address. The Giveaway is sponsored by Diamond Cellar Holdings, llc, 6280 Sawmill Road, Dublin, Ohio 43017.
15) Prize Provider: Forevermark US Inc., 300 First Stamford Place, Stamford, CT 06902 .