Official Rules for the Helzberg Diamonds' Celebrating 100 Years with 100 Surprises Sweepstakes

  2. Eligibility. To enter, you must (a) be 18 years of age or older, (b) be a legal resident of the United States and one of its fifty states or the District of Columbia (excluding Florida and New York), and (c) not be an employee, officer or director of Helzberg Diamonds or any of its affiliates, advertising and promotional agencies, or other person or entity involved in the development, production, administration or fulfillment of the Helzberg Diamonds' Celebrating 100 Years with 100 Surprises Sweepstakes (this "Sweepstakes"), or an immediate family member of any such person. Helzberg Diamonds and all above-identified affiliates, entities and individuals are collectively referred to in these Official Rules as "Helzberg Diamonds and Affiliates".
  3. Entry. The entry period (the "Promotion Period") begins November 2, 2015 and shall end at the earliest to occur of the following: (a) the cumulative total value of the Grand Prizes awarded to the Grand Prize Winners exceeds $100,000; (b) all 182,000 Tickets are distributed to entrants in accordance with these Official Rules; or (c) 11:59 p.m. CST on December 14, 2015. To enter, during the Promotion Period, do either of the following: (a) go to any Participating Helzberg Diamonds Store, enter into a transaction for purchase of one or more products or services with a total receipt value greater than $0.00 (e.g. merchandise purchases, exchanges involving additional payment to Helzberg Diamonds, layaway payments, appraisal service purchases, extended care plan purchases, repairs not covered by extended care plan), and provide all Required Information to the store's sales associate who will then provide you with a "peel-back" game ticket ("Ticket"); or (b) go to a Participating Helzberg Diamonds Store, enter into a transaction with a total receipt value of $0.00 or less (e.g. a merchandise returns, exchanges involving partial refund to customer, repairs covered by an extended care plan) or ask for a free ticket, and provide the Required Information to a store sales associate who will then provide you with a Ticket without any requirement to make a purchase. In the case of exchanges, the receipt value means the amount paid to Helzberg Diamonds due to customer exchanging items originally purchased for items having greater total price. "Participating Helzberg Diamonds Store" means any Helzberg Diamonds retail store located in a State other than Florida and New York and excluding all outlet stores and online stores. "Required Information" for entry means your first and last name, home address, phone number and email address. Only one entry per person, per day will be allowed regardless of the number of stores visited on a day. To constitute a valid entry, you must meet the eligibility requirements in Section 2 above and your entry must comply with the applicable entry requirements in this Section 3. All late, lost, damaged, misdirected, incomplete, illegible, undelivered or destroyed entries are invalid entries, regardless of the person responsible or cause, including, but not limited to, any problem or technical malfunction of the Point of Sale "POS" system used to enter Required Information. Helzberg Diamonds reserves the rights to, at its sole discretion, cancel, suspend and/or modify this Sweepstakes or these Official Rules, refuse to provide a Ticket, disqualify any individual or entry or take other administrative action for purposes of protecting the integrity of this Sweepstakes or addressing changes in business operations or other circumstances, to the extent allowed under applicable law. By participating in this Sweepstakes, each entrant agrees to be bound by these Official Rules and the decisions of Helzberg Diamonds as the sponsor.
  4. Tickets; Prizes: Each Ticket shall contain a "peel-back" section that the entrant shall open after completing the entry process described above. Each Ticket shall identify the entrant as a winner of one of four (4) possible "Prizes": (a) a "Grand Prize", in the case of a Grand Prize winner who elected to enter by making a purchase pursuant to the entry method in 3(a) above, consisting of a check made payable to the winner in an amount equal to the lower of (i) the total receipt amount of such purchase (including any and all purchased items, layaway amounts, extended care plan fees, repair charges, appraisal fees and taxes) or (ii) Five Thousand Dollar ($5,000.00), or in the case of a Grand Prize winner who entered without making such a purchase pursuant to the entry method in 3(b) above, a Helzberg Diamonds gift card in the amount of $400 subject to Helzberg Diamonds' standard gift card terms; (b) a coupon for a free jewelry repair of one item at any Helzberg Diamonds retail store up to a repair value of $400 (redeemable November 2, 2015 through February 14, 2016); (c) a coupon for $50 off any purchase totaling $50 or more made at Helzberg Diamonds (redeemable after January 15, 2016 through February 14, 2016); or (d) a coupon for $25 off any purchase totaling $99 or more (redeemable after January 15, 2016 through February 14, 2016). In the case of a Grand Prize winner who entered by completing an exchange, the Grand Prize is based on the receipt amount of the products and services acquired through the exchange, not the original purchase transaction. In the case of a Grand Prize winner who entered by putting an item on layaway or making a payment toward an item already on layaway, the Grand Prize is the amount the entrant paid at the time of the entry, not the retail value of the item on layaway or balance due on layaway. Tickets and Prizes are not transferable or redeemable for cash or substitution and cannot be refunded or exchanged except at the sole discretion of Helzberg Diamonds. Grand Prize winners who enter by electing to make a purchase pursuant to the entry method in 3(a) above cannot add merchandise to the purchase after receipt of the Ticket. Prizes cannot be used in combination with other offers. Each Prize winner shall be responsible for his or her own federal, state and local taxes, fees and other government assessments on the awarded Prize.
  5. Odds: Each Ticket will identify an entrant as a winner of one of the Prizes. If the Promotion Period ends under 3(b) due to all Tickets being distributed, the odds of winning are: (a) 100 out of 182,000 for a Grand Prize, (b) 200 out of 182,000 for a free repair prize, (c) 200 out of 182,000 for a $50 off a purchase of $50 or more coupon prize and (d) 181,500 out of 182,000 for $25 off a purchase of $99 or more. Because the Promotion Period may end under 3(a) or 3(c) before all Tickets are distributed, the exact odds of winning cannot be determined.
  6. Claiming a Prize. Each entrant will be notified of which Prize the entrant has won by peeling back the Ticket while at the store during the same visit in which entrant receives the Ticket (the "Entry Visit"). To claim a Grand Prize, the Grand Prize winner must, during the Entry Visit or within 7 days of the Entry Visit, complete, sign and return to an associate at the Helzberg Diamonds store where the entry was made, Helzberg Diamonds' form of Prize Acceptance Agreement that includes an affidavit of eligibility (including proof of eligibility upon request), waiver of liability, and optional publicity authorization and release plus an IRS Form W-9 for any Grand Prize at or above $600 (collectively, the "Acceptance Documents"). If a Grand Prize winner fails to comply with these requirements, or if Helzberg Diamonds determines a tentatively selected Grand Prize winner ineligible after review of the Acceptance Documents, then such Grand Prize winner will be disqualified. If any Grand Prize winner is disqualified for any reason, the winning Ticket will not be redistributed and the applicable Grand Prize will be forfeited. Final selection as a Grand Prize winner is subject to verification of compliance with the eligibility and entry requirements outlined in these Official Rules. Grand Prize winners will be mailed the applicable Grand Prize from the Helzberg Diamonds' corporate office upon its receipt of the completed Acceptance Documents. No Acceptance Documents are required for Prizes other than Grand Prizes. Gift card and coupon prizes will be mailed to the winners.
  7. Grant of Rights; Waiver and Release. By participating in this Sweepstakes, each entrant (a) grants to Helzberg Diamonds an irrevocable, perpetual, unrestricted and worldwide right to use entrant's name and likeness in its advertising and promotional materials, regardless of the type of media, the content of the advertisement or promotion, or the manner of publication, broadcast or distribution (including, without limitation, Internet) and (b) agrees (i) to be bound by these Official Rules and the decisions of Helzberg Diamonds; (ii) to release and hold harmless Helzberg Diamonds and Affiliates from any and all losses, damages, claims and actions of any kind arising from this Sweepstakes or from the acceptance, possession or use of any awarded prize, including, without limitation, claims based on publicity rights, defamation or invasion of privacy; (iii) that Helzberg Diamonds may send to such entrant marketing, advertising and promotional materials to the email address provided in the Sweepstakes entry; (iv) that any action at law or in equity arising out of or relating to this Sweepstakes or the prizes shall be governed by the law specified in Section 8 below and shall be filed only in the state or federal courts located in Clay County, Missouri, and entrant hereby consents to the personal jurisdiction of such courts for purposes of any such action; and (v) that Helzberg Diamonds is not responsible for and cannot be held liable for unauthorized human intervention, technical errors, printing errors, mail delays, or any other errors in the administration of this Sweepstakes.
  8. Applicable Law and Geographic Area. Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by and construed exclusively in accordance with the laws of the State of Missouri without giving effect to any choice of law or conflict of law rule of any jurisdiction. This Sweepstakes is void outside the United States, in New York and Florida, and where prohibited by law.
  9. Standard Terms Inapplicable. Helzberg Diamonds' Standard Terms of Helzberg Diamonds' Online and Mobile Prize Promotions do not apply to this Sweepstakes.
  10. Sponsor and Winner List. The name and address of the sponsor of this Sweepstakes is Helzberg's Diamond Shops, Inc., and the address of its headquarters is 1825 Swift Avenue, North Kansas City, Missouri 64116. You may obtain the name of each Grand Prize winner by sending a request (identifying this particular Sweepstakes) to the above address, together with a stamped, self-addressed #10 envelope.