Mandel Jewelers Athens Sweepstakes Official Rules & Regulations
Mandel Jewelers “Athens on Us Sweepstakes” Sweepstakes Official Rules
Official 2022 ATHENS ON US Sweepstakes!
This Sweepstakes is in no way endorsed or administered by, or associated with, Facebook, Instagram, Google+ or Twitter. By entering this sweepstakes, you are providing your information to MANDEL JEWELERS (“MANDEL”), not to Facebook, Instagram, Google+ or Twitter.
1. NO PURCHASE NECESSARY
No purchase is necessary to enter or to win. A purchase will not increase your chances of winning. Void where prohibited by law.
2. SWEEPSTAKES DESCRIPTION
MANDEL shall conduct the ATHENS ON US sweepstakes (the “Drawing”) and choose the winner. Each person who participates in the Drawing fully and unconditionally agrees to comply with and fully abide by these Official Rules and the decisions of MANDEL, whose decision shall be final and binding in all respects, concerning the Drawing.
3. ENTRY PERIOD
The entry period for the Drawing begins on March 1, 2022 12:01 am Pacific Standard Time and ends on May 31, 2022 at 11:59 pm Pacific Standard Time or may be extended or shortened in MANDEL’S sole and absolute discretion (“Entry Period”). MANDEL will be the official timekeeper for the Drawing.
The Drawing is open only to legal residents of the State of California, USA, who reside in the counties of Los Angeles, Orange, Riverside, San Bernardino, or San Diego. Entrance is limited to one person per household. The age restriction to participate in the Drawing is eighteen (18) years old or older. The following persons shall not be eligible to either participate or win prizes in the Drawing: (a) any person who is a director, officer, employee, agent, shareholder, member, and/or principal of MANDEL or any of its respective divisions, parents, subsidiaries, affiliated companies, franchisees, distributors, wholesalers, retailers, suppliers, service agencies and/or independent contractors of any of the above organizations; (b) any person who is a director, officer, employee, agent, franchise owner, shareholder, member, and/or principal of any other jewelry, clothing, fashion, or accessory company or entity, any of their respective divisions, parents, subsidiaries, affiliated companies, franchisees, service agencies and/or independent contractors of any of the above organizations; and (c) any person who is an immediate family member (meaning either a biological or step mother, father, sister, brother, daughter, son, IRS dependent and/or spouse), or household member (people who share the same residence at least three (3) months out of the year) of any person in any of the preceding ineligible person categories regardless of where they live or reside in the same household (and whether related or not) to any person in any of the preceding categories. Transfer of any Drawing materials by any person in any of the preceding ineligible person categories to an eligible person is strictly prohibited and shall be void. VOID WHERE PROHIBITED BY LAW.
5. HOW TO ENTER
Automatic entrance with the purchase a diamond of one (1) carat or larger from MANDEL’S, or completion the form to enter on our website (http://www.mandeljewlers.com/athens-on-us/ (the “Website”) (each a “Participant”). Use of any automated system to participate is prohibited and will result in disqualification. Winner will be chosen from those who enter (the “Winner”). One
(1) Winner will be chosen randomly. Winner shall continue to comply with all terms and conditions of these Official Rules at all times while exercising any rights granted herein or related to the Prize.
All entry materials become the property of MANDEL. MANDEL is not responsible for incomplete, inaccurate, lost, stolen, damaged, or illegible entries.
6. DRAWING/GENERAL CONDITIONS
Winner will be selected from all eligible entries received by 11:59 pm Pacific Standard Time on June 2, 2022. Winner will be selected no later than July 2, 2022. All entries must be received during the Entry Period. Winner will be notified by email or phone call at MANDEL’S sole and absolute discretion and will be announced on MANDEL’S social media sites and website.
MANDEL will attempt to contact the potential Winner by these methods only. In the event that Winner selected cannot be confirmed and verified within seventy-two (72) hours of selection, the Prize will be awarded to another participant. If the prize notification is unsuccessful, or in the event of non-compliance with any of these rules, regulations, terms or conditions, the prize will be forfeited and an alternate Winner may be selected from the remaining eligible entries.
MANDEL reserves the right to void any entry or Winner not in compliance with the rules stated herein. Prize acceptance constitutes permission by Winner (except where prohibited by law) to use, print, publish and broadcast in any media at any time, Winner’ name, photograph, identity, portrait, voice, likeness and biographical information for publicity purposes without additional compensation, permission, or review.
7. PUBLICITY RELEASE
By entering the Drawing or accepting any Prize under the Drawing, a winning participant expressly agrees to the use by MANDEL, and/or the Prize Suppliers and their designees of the winning participant’s name, biographical information (city and state), picture, portrait, voice, quotes, comments, image, and/or likeness for the purpose of advertising, trade or sweepstakes without further compensation, permission, notification or consideration in any and all media now known or hereafter developed throughout the world, in perpetuity, unless prohibited by law. Any and all prizes awarded shall be subject to verification of the participant’s eligibility and compliance with the terms of these Official Rules by MANDEL. Winner may, at MANDEL’S sole and absolute discretion, be required to execute an affidavit of eligibility and publicity release prior to receipt of the Prize.
One (1) Winner will receive roundtrip airfare for two (2), airport transfers, accommodations for five (5) nights in a Four Star Hotel in Athens, Greece, American daily breakfast, and city tour (dates, carrier, class, and accommodation location to be determined in the sole and absolute discretion of MANDEL) (valued at $5,000.00) (the “Prize”). Prize may not be redeemed for cash. No substitutions of the Prize by Winner are permitted. MANDEL reserves the right to substitute the Prize for one of equal or greater value for any reason in MANDEL’S sole and absolute discretion. In no event will MANDEL award more prizes than are provided for in these Official Rules.
9. TAXES, OTHER COSTS AND MISCELLANEOUS
Any and all applicable international, federal, state and/or local taxes (which may include, without limitation, sales tax and income tax) will be the sole and exclusive responsibility of Winner.
10. NO ASSIGNMENT
No assignment and/or transfer of any kind of any prize, alternative prize or other substitution is permitted in the absence of MANDEL’S express written consent (which shall be in MANDEL’S sole and absolute discretion). Any such attempted prohibited assignment and/or transfer shall be void.
11. CONTEST TO OFFICIAL RULES/NO WAIVER
Participation in the Drawing constitutes each and every participant’s understanding of and full and unconditional agreement to and acceptance of these Official Rules. MANDEL reserves the right at its sole and absolute discretion to disqualify any participant that: MANDEL determines to be in violation of any term contained in these Official Rules; has tampered with the entry process or the operation of the Drawing; has acted in a disruptive manner, or with intent to annoy or harass MANDEL, other entrants, or any other person or entity; has not satisfied all of the requirements for entry in the Drawing; or is otherwise ineligible under, or in violation of, these Official Rules or any policies or terms posted on the Website. The decision and/or action of MANDEL not to enforce a specific provision of these Official Rules does not constitute a waiver of any provision herein or of these official rules in general, and shall not prohibit MANDEL from proceeding and/or enforcing these Official Rules in the future. MANDEL may enforce these Official Rules cumulatively, meaning singly, concurrently and/or in any such manner as MANDEL sees fit without waiving them in any capacity.
12. NO WARRANTIES, INDEMNITY
MANDEL makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Drawing. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ANY AND ALL PRIZES AWARDED SHALL BE PROVIDED “AS IS” AND “WHERE IS” WITHOUT WARRANTY OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, AND MANDEL AND THE PRIZE SUPPLIERS HEREBY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTY OF TITLE, ANY EXPRESS WARRANTIES, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND/OR NON-INFRINGEMENT. In no event will MANDEL and/or Prize Suppliers be responsible or liable for any damages or losses of any kind, including direct,
indirect, incidental, consequential or punitive damages arising out of, in connection with, or in any way related to:
- Any person’s participation in the Drawing, including but not limited to inaccurate, incomplete, lost, late, stolen, damaged, or illegible entries;
- Late, lost, delayed, damaged, misdirected, undelivered, stolen, incomplete, illegible, unintelligible, or postage-due notices, entries, release forms, email, affidavits or other correspondence or mail;
- Access to and use of any and all of MANDEL web sites, including downloading from or printing material downloaded from any and all of MANDEL web sites;
- Acceptance, use or misuse of any prize;
- Any condition caused by events beyond the control of MANDEL that cause the Drawing to be disrupted and/or corrupted; or
- Any printing or typographical errors in any materials associated with the
MANDEL reserves the right, in its sole and absolute discretion to suspend or cancel the Drawing and/or a prize Winner at any time.
By participating in the Drawing, each Participant agrees, to the fullest extent allowed by law, Participant shall forever defend (but only if so elected by MANDEL in its sole discretion), indemnify, release, reimburse, and hold harmless MANDEL, its affiliates, joint venture partners, subsidiaries and each of their respective directors, officers, representatives, agents, and employees (collectively, “MANDEL Indemnified Parties”) from and against all proceedings, claims, damages, liabilities, losses, costs and expenses (including, but not limited to, attorneys’ fees and expenses incurred by any MANDEL Indemnified Party in defending the foregoing or incurred in enforcing Participant’s indemnification obligations hereunder) (collectively, “Damages”), incurred in any manner arising out of, related to, the use or possession of, or resulting from: the relationship of the parties hereunder (including, but not limited to, claims of any governmental agency, or individual, challenging the status of the parties as being anything other than the holder of a sweepstakes and a Participant thereof); participation in the Drawing; the performance of any party related to the Prize; any losses suffered during, arising from, or related to possession, use, travel, or acceptance of the Prize (including, without limitation, personal injury, death, property damage, loss of income or consortium, and claims based on publicity rights, defamation, or invasion of privacy) (provided that any such Damages are not caused by the sole gross negligence or intentional acts of MANDEL) in whole or in part by any act or omission of Participant, or anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, including, but not limited to, any negligent, grossly negligent or willful acts or omissions, and regardless of whether or not (i) any such Damages are caused in part by the concurrent negligence of any MANDEL Indemnified Party or any other acts or omissions (including, without limitation, any negligent acts or omissions) of any MANDEL Indemnified Party or (ii) any MANDEL Indemnified Party would otherwise be liable for such Damages under a statutory or common law strict liability standard. For the avoidance of doubt, Participant shall not be obligated to indemnify any MANDEL Indemnified Party hereunder to the extent any Damages result from the sole gross negligence or willful misconduct of any MANDEL Indemnified Party. The parties acknowledge and agree that notwithstanding the foregoing, in the event a court of competent jurisdiction holds that a statute limiting the scope of Participant’s indemnification obligations hereunder is applicable to the Prize, Participant’s indemnification obligations hereunder shall only extend to the extent
permitted by such statute. Participant acknowledges that its indemnification obligations hereunder shall extend and apply to Damages resulting from direct claims by any MANDEL Indemnified Party as well as any Damages any MANDEL Indemnified Party suffers as a result of any third-party claims.
If any claims are brought against any MANDEL Indemnified Parties by any employee, family member, or person related to Participant, anyone directly or indirectly employed by or related to any of them, or anyone for whose acts any of them may be liable, the indemnification obligation of Participant shall be absolute and shall not be limited or affected in any way by any claims or benefits paid or payable by or for Participant or under any workers’ compensation acts, disability benefit acts, or other employee benefit acts. Participant hereby expressly waives, if allowed by statute, any immunities or limitations afforded to Participant pursuant to any workers’ compensation or industrial insurance acts, disability benefit acts, or other employee benefit acts, to the extent any of the same would limit or otherwise adversely impact Participant’s indemnification obligations hereunder.
Participant covenants not to settle any matter under the indemnities set forth in this Agreement without first obtaining MANDEL’S prior written consent.
Participant agrees that the benefits of this Section 12 shall apply to all MANDEL Indemnified Parties and that any one thereof may enforce the provisions hereof directly against Participant.
The terms of this Section 12 shall survive the termination or completion of the Drawing.
13. ODDS OF WINNING
The odds of winning are dependent upon the number of entries into the Drawing.
14. ARBITRATION, CHOICE OF LAW, FORM OF ACTION
Except where prohibited, Participants agree that any and all disputes, claims and causes of action arising out of or connected with this Drawing shall be resolved exclusively by arbitration pursuant to the rules of the American Arbitration Association then effective, and any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred by Participant with regard to this Drawing, but in no event attorneys’ fees, punitive, incidental, consequential or other damages, and in no event shall any judgment or award exceed the value of the Prize stated herein. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Participants and MANDEL in connection with the Drawing shall be governed by and construed in accordance with the laws of the State of California, 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 California. Participants each agree that: any all disputes, claims, and causes of action arising out of or related to this Drawing, or any Prize awarded, shall be resolved individually, without resort to any form of class action or representative action.
The invalidity or unenforceability of any provision of these Official Rules shall not affect the invalidity or unenforceability of any other provision so long as the general intent of these Official Rules remains in effect. In the event that any such provision is determined to be invalid or otherwise unenforceable, these Official Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.
17. OFFICIAL RULES
For a copy of the official rules, send a self-addressed, stamped #10 envelope postmarked by May 31, 2021 to: Mandel Jewelers 2500 E. Imperial Hwy., Ste 148, Brea, CA 92821. MANDEL reserves the right to add, remove, change, alter, or amend these Official Rules at any time as necessary, in its sole and absolute discretion, with or without notice, to ensure the fair administration of the Drawing or to comply with applicable law.
18. WINNER LIST
For the name of the Winner, send a separate, self-addressed, stamped #10 envelope postmarked by September 2, 2022 to: Mandel Jewelers 2500 E. Imperial Hwy., Ste 148, Brea, CA 92821.
19. ADDITIONAL TERMS
MANDEL reserves the right to prohibit the participation of an individual if fraud, misuse, or tampering is suspected, or if the individual fails to comply with any requirement of participation as stated herein or with any provision in these Official Rules. CAUTION: ANY ATTEMPT BY ANY PARTICIPANT TO DELIBERATELY DAMAGE ANY WEB SITE/PHONE SERVER OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS DRAWING IS A VIOLATION OF CRIMINAL AND CIVIL LAW AND, SHOULD SUCH AN ATTEMPT BE MADE, MANDEL WILL DISQUALIFY ANY SUCH PARTICIPANT, AND MANDEL RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT
PERMITTED BY LAW. Proof of submission of an entry will not be deemed to be proof of receipt by MANDEL. MANDEL is not responsible for any typographical, technical, or other error in the Drawing offer, administration of the Drawing or in the announcement of prize Winner. In the event of a printing/production/typographical error, irregular or invalid code/message or equipment error, neither MANDEL, its parent companies, their distributors, retailers, affiliates, subsidiaries, advertising and promotion agencies, or their respective agents or agencies shall have any liability. In no event will more than the number of prizes stated in these Official Rules be awarded. If, for any reason, more prize notifications are sent (or more claims are received) than the number of prizes offered, as set forth in these Official Rules, MANDEL reserves the right to award the intended number of prizes through a random drawing from among all eligible prize claims received. In the event MANDEL is prevented from continuing with the Drawing or the integrity and/or feasibility of the Drawing is severely undermined by any event beyond the control of MANDEL, including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, infection by computer virus, unauthorized intervention, technical failures or other cause not reasonably within the control of MANDEL (each a “Force Majeure” event or occurrence), MANDEL shall have the right, in its sole and absolute discretion, to abbreviate, modify, suspend, cancel or terminate the Drawing without any further obligation. If MANDEL, in its sole and absolute discretion, elects to alter this Drawing as a result of a Force Majeure event, a notice will be posted
on www.mandeljewelers.com. In the event of cancellation, MANDEL will award the Prize in arandom drawing from among all valid and eligible entries received up to the time of such cancellation, provided a sufficient number of entries, as determined by MANDEL, in MANDEL’S sole and absolute discretion, are received. By participating in this Drawing and submitting an entry, each Participant agrees: (i) to be bound by these Official Rules, including all entry requirements; and (ii) that MANDEL Indemnified Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, expressed or implied, in fact or in law relative to any prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern, and control.
Winner shall bear the full responsibility to obtain and for, and MANDEL shall have no responsibility or liability for, all Winner’s information and documentation required by any governmental agency’s requirement for travel forms, identification, medical documentation, or any other requirements for international travel.