Official Rules of the Helzberg Heroes I Am Loved® Contest
Please read these Official Rules before entering the Helzberg Heroes I Am Loved® Contest (the “Contest"). By submitting an Entry, you represent that you and your entry meet all of the below-stated requirements and you agree to be bound by these Official Rules and by the decisions of Helzberg Diamonds.
1. ELIGIBILITY. To enter, you must be 18 years of age or older, currently serving or have served as a member of the U.S. Armed Forces, Reserves or National Guard, or an immediate family member of someone currently serving or has served as a member of the U.S. Armed Forces, Reserves or National Guard , and a legal resident of the United States, and you must 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 Contest, or an immediate family member of any such person. Helzberg Diamonds and all above-identified affiliates and individuals are collectively referred to in these Official Rules as “Helzberg Diamonds and Affiliates".
2. PRIZE. The Winner will receive a Helzberg Diamonds’ gift card for a $10,000 shopping spree redeemable at any Helzberg Diamonds retail store. The gift card cannot be used for purchases from Helzberg Diamonds’ online store. The prize is not redeemable for cash or substitution and cannot be refunded or exchanged except at the sole discretion of Helzberg Diamonds. The prize winner is responsible for any and all federal, state and local taxes, fees and other government assessments on the awarded prize.
3. CONTEST SUBMISSION PERIOD: To enter, during the Contest Submission Period you must submit a Valid Entry (as described in 3 and 4) to Helzberg Diamonds online at www.helzbergheroes.com. The Contest Submission Period begins at 12:01 a.m. U.S. Central Standard Time on October 24, 2011, and ends at 11:59 p.m. U.S. Central Standard Time on December 03, 2011, or when the first 500 Entries have been received, whichever is earlier. Helzberg Diamonds’ servers and clock will be deemed the official clock and entrant’s proof of submission does not constitute proof of Helzberg Diamonds’ receipt. Helzberg Diamonds and its Affiliates are not liable for any lost, late, misdirected, incomplete, illegible, undelivered, garbled or delayed entries regardless of cause or person responsible including, but not limited to, any problem or technical malfunction of any computer, online system or server or technical problem or traffic congestion on the Internet or at the submission website. Helzberg Diamonds reserves the right to, at its sole discretion, cancel, suspend and/or modify the Contest or these Official Rules or disqualify any individual or Entry for purposes of protecting the integrity of the Contest or addressing changes in business operations or other circumstances, to the extent allowed under applicable law. Only one Entry per person will be accepted.
4. ENTRY REQUIREMENTS: To enter, you must meet the eligibility requirements in 1 above and timely submit in accordance with 3 above: (a) a written account of how your family or the community has made you feel “loved" while you were serving our country or what you have done to show your family you love them while you served in the English language (your “Love Story"); and (b) your name, telephone number, email address and home address ((a) and (b) together with any photos or videos submitted by Entrant are collectively referred to in these Official Rules as an “Entry"). Photos and videos are welcome but not required as part of an Entry. Entries are limited to a maximum size of 15 Megabytes. Helzberg Diamonds is collecting personal information solely to promote and conduct the Contest. Your Love Story must: (i) be true; (ii) not contain more than 1,000 words; and (iii) not have been previously published in whole or in part. All contents included in an Entry must not: (i) violate or infringe any copyright, privacy or publicity right, or other proprietary or intellectual property right of any person or entity or (ii) be defamatory, libelous, profane, vulgar, obscene or otherwise illegal, objectionable or inappropriate as determined by Helzberg Diamonds. By submitting an Entry, each entrant represents and warrants that his/her Entry meets all of the above Entry requirements and that entrant has obtained any necessary third party consents in connection with the submission of his/her Entry including, without limitation, the consent of any person who is named or appears in the Entry. Helzberg Diamonds reserves the right, in its sole and unfettered discretion, to require proof of such consent and to disqualify at any time any Entry it deems not in compliance with these Official Rules. All timely received Entries determined by Helzberg Diamonds in its sole discretion to comply with the requirements of 3 and 4 will be deemed "Valid Entries."
5. GRANT OF RIGHTS. All content, including, but not limited to, your Love Story and any videos and photos, submitted as part of an Entry becomes the property of Helzberg Diamonds. By submitting an Entry, each entrant grants Helzberg Diamonds and its Affiliates permission to use the contents of such Entry, without any compensation to entrant or any attribution to entrant by name, for any purpose and at any time, in any and all media now or hereafter devised. In so doing, entrant also grants to Helzberg Diamonds and its Affiliates the right to edit the formatting and display of entrant’s Entry without seeking the approval of entrant or making any payment to entrant. In addition, to the extent moral rights (for example, the right to attribution and the right to integrity) apply in the applicable jurisdiction, each entrant waives (and to the extent that these may not be waived, agrees irrevocably not to assert) his/her moral rights in his/her Entry for purposes of the Contest, including, without limitation, Helzberg Diamonds’ use of all or part of entrant’s Entry in connection with the Contest. Helzberg Diamonds’ decision to post or publish all or part of an Entry on Helzberg Diamonds’ web site or any other web site (including, without limitation, any social networking site) does not mean that the selected Entry has been selected as a winning Entry.
6. CONTEST JUDGING PROCESS. Selected members of Helzberg Diamonds’ management and agents will serve as judges (collectively, “Judges"). The Judges will review and judge the Entries based on criteria such as originality and the overall strength of the submission. If Helzberg Diamonds elects to solicit public comment on any of the Entries, the Judges may but are not required to consider such comments in selecting the Winner and reserve complete and unfettered discretion to select the Winner. The tentatively selected Winner will be notified by phone or email on or about December 15, 2011. As a condition to final selection as the Winner, he/she must timely comply with the prize acceptance requirements in 7 below.
7. ACCEPTANCE OF PRIZES: The Winner, or a representative that is 18 years of age or older and designated by Winner via email from the email address provided in the Entry or such other method acceptable to Helzberg Diamonds in its sole discretion (a “Winner’s Representative"), must complete, sign and return as directed by Helzberg Diamonds, within seven days after the date of first notice of award, an Affidavit of Eligibility (including proof of eligibility upon request), Waiver of Liability, IRS Form W-9 and, where permitted by law, Publicity Release (collectively, the “Acceptance Documents"). Winner may, to the extent permitted by law, be required to agree to participate in interviews, press releases and/or other publicity or promotional efforts as a condition to Winner’s acceptance of the prize. Upon timely compliance, the shopping spree will be sent in the form of a Helzberg Diamonds’ gift card to the address identified by the Winner. If a Winner fails to timely comply with these requirements or is found ineligible after review, the Winner will be disqualified and Helzberg Diamonds will select an alternate Winner based on the Contest judging process described in 6 above. Subject to Winner’s right to use a properly designated Winner’s Representative, any rights to claim or accept the prize are not transferable and any transfer by Winner of a finally awarded prize will not relieve Winner of its obligations under these Official Rules or the Acceptance Documents including, without limitation, the obligation to pay income taxes on the prize.
8. RELEASE OF LIABILITY AND INDEMNITY: By entering, each entrant releases and holds harmless Helzberg Diamonds and its Affiliates from any and all liabilities, losses, damages, costs (including reasonable attorneys’ fees), claims and actions of any kind (collectively, “Claims") arising from participation in the Contest, Helzberg Diamonds use of any content submitted as part of an Entry, the designation or attempted designation of a Winner’s Representative, or from acceptance of any awarded prize (including, without limitation, claims based on publicity rights, moral rights, defamation or invasion of privacy). Without limiting the generality of such release, each entrant agrees that Helzberg Diamonds and its Affiliates are not responsible for any third party’s unauthorized use of any Entry (or any portion thereof or any derivative thereto). Further, without limiting the foregoing, each entrant hereby specifically waives any and all rights to claim punitive, incidental or consequential damages. Each Entrant agrees to indemnify, defend and hold harmless Helzberg Diamonds and its Affiliates from Claims arising from any claim made by any party relative to Helzberg Diamonds’ right to use content submitted as part of an Entry.
9. GOVERNING LAW: The Contest shall be governed by the laws of the State of Missouri without giving effect to any choice of law or conflict of law rule of any jurisdiction. Any claims regarding the contest must be brought in the State or Federal Courts in Clay County, Missouri, and entrant hereby consents to the personal jurisdiction of such courts for purposes of any such action. The Contest is void outside the United States and where prohibited by law.
10. CONTEST SPONSOR AND WINNERS LIST. The sponsor of the Contest 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 the Winner by sending a request (identifying this particular Contest) to the above address, together with a stamped, self-addressed #10 envelope.