“Among Angels” Offer Official Rules
No purchase necessary. Void where prohibited.
- Eligibility: Open to legal residents of the fifty United States and the District of Columbia, who are 18 years of age or older and are physically domiciled in the U.S. as of date of entry. Employees of Keep An Open Heart LLC (“Sponsor”), Sterling Jewelers Inc. Burson-Marsteller, Don Jagoda Associates, Inc., and each of their respective affiliates, subsidiaries, advertising and promotion agencies and members of their immediate families (spouses, parents, children, siblings, and spouses) and/or those living in the same household are not eligible. This Sweepstakes is void outside of the fifty United States and the District of Columbia and where prohibited or restricted by law, and it is subject to all federal, state and local laws and regulations. This Sweepstakes shall be construed and evaluated only according to United States law.
- How To Enter: “Among Angels” Offer (“Promotion”) begins at 12:00 a.m. Eastern Time (“ET”) on October 8, 2010 and ends at 11:59 p.m. ET on December 31, 2010 or it may end whenever 500 eligible entries are received, whichever occurs first (“Promotion Period”). Participants may enter the Promotion online only. To enter, articulate your own experience about how living with an Open Heart allowed you to overcome adversity and create something positive such as helping others or giving hope and love. To be valid, you must articulate clearly (validity to be determined in Sponsor’s sole discretion) how living with an Open Heart allowed you to overcome adversity and create something positive. Visit www.keepanopenheart.com (“Promotion website”) and click on one of the two tabs, depending on whether you are submitting a video or an essay. Complete the online entry form and either upload an original video in English (maximum two minutes) or write an original essay in English (maximum 250 words). If you are submitting a video, upload your video where indicated and provide a title and description for your video. If additional people are depicted in your video, you must have the permission of all the people depicted to enter the video (and Sponsor may request that permission in writing, in its sole discretion). Limit one valid entry per person, regardless of method of entry. Submitted and accepted essays and videos will be posted at the Promotion website after they have been screened by the Sponsor within three (3) business days of receipt so long as they meet the entry guidelines (see below). If your video/essay has not been posted within three (3) business days from when you upload, your entry has been rejected. You will not be notified that your video/essay has been rejected and why it has been rejected, but you are permitted to revise and resubmit your entry so long as you are resubmitting prior to the end of the Promotion Period. All eligible essays and videos (that are accepted as determined by Sponsor) will be posted on the Promotion website through the conclusion of the Promotion Period and possibly thereafter. Videos/Essays submitted after the Promotion Period may still be posted on the Promotion website (provided that they meet the entry guidelines), but will not be eligible for the Promotion. All entries submitted become the property of the Sponsor and will not be returned. Proof of submission will not be deemed to be proof of receipt of entry by Sponsor.
- Entry Guidelines: By submitting an entry, you represent that the entry articulates clearly how living with an Open Heart allowed you to overcome adversity and create something positive and it is your own original work that has not previously been published or publicly shown or won a prize or award. Any video(s)/essay(s) deemed inappropriate or unsuitable for posting, in Sponsor’s sole discretion, will be disqualified and will not appear on the Promotion website. Entry material may be disqualified if the material or portion thereof, in the Sponsor’s sole discretion, contains one or more of the following: obscenity, profanity, or content that is deemed lewd, offensive, explicit, vulgar, crude, or defamatory; any content unsuitable for broadcast; materials that are violent or display illegal drug or alcohol use; any use of commercial products or services, including any use of trademarks, brands or logos of commercial products (except Sponsor’s products and logos) and services; information that can be used to personally identify an individual, such as an address, phone number or email address; material that is derogatory or threatening to any person or group of people; any third party materials (including but not limited to music), that otherwise violates or infringes (or may infringe) any copyright, trademark, logo, mark that identifies a brand (except Sponsor’s), or other proprietary right of any person living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light) or entity; materials (other than Sponsor’s products) or content that have been submitted for another sweepstakes or published or disseminated in any other way by the participant or anyone else; or digital video that is not of satisfactory quality (i.e., brightness, focus, volume) to be streamed online. Sponsor has the sole discretion to determine whether a video/essay qualifies as a valid entry. Any entry not in compliance with the above and that does not meet the Promotion website requirements will be disqualified. In such an event, the essay or the video will not be posted online and entry will be disqualified from the Promotion. At any time during the Promotion, if the Sponsor determines that a participant’s video/essay is not in compliance with above, the participant will be disqualified and will not be eligible to win a prize, even if the video/essay has been posted. No information regarding entries or judging, other than as otherwise set forth in the Official Rules will be disclosed.
- Grand Prize Winner Determination: The first 500 entrants to submit an eligible and accepted entry will receive a Grand Prize. Grand Prize winner determination will be made by a representative of the Sponsor. In the event more than one eligible entry is received at the exact same time for the 500th prize slot, all those entrants would be included in a random drawing, to select the 500th winner from among all entries received at the exact same time. Odds of being determined a Grand Prize winner depend on the time/date an eligible entrant enters and the total number of eligible entries received. Grand Prize winners will be notified by mail, phone or email. Grand Prize winner may be required to verify address and/or sign and return an Assignment of Rights before delivery of prize. Return of any prize or prize notification as undeliverable may result in disqualification. In the event of a dispute regarding the identity of a participant and/or winner, the Entry will be deemed submitted by the authorized account holder of the email address provided, but only if that person meets all other eligible criteria, as determined in the sole discretion of the Sponsor.
- Prizes and Approximate Retail Value (“ARV”): Grand Prizes (500): Each Grand Prize winner will receive a copy of the book Among Angels signed by Jane Seymour (ARV: $9.99). Limit of one prize per person. Prizes will be awarded to winners via mail within 6-8 weeks after winner determination. All prizes will be awarded (provided a sufficient number of eligible entries are received). Prizes are not transferable or assignable. No substitutions or cash equivalents are allowed except by the Sponsor, who reserves the right to award a prize of equal or greater value if advertised prize is unavailable.
- General Rules: By participating in this Promotion, entrants agree to be bound by the Official Rules, including eligibility requirements, and the decisions of Sponsor, which are final and legally binding in all matters relating to the Promotion. All participants, as a condition of entry, agree that they have not purchased any kind of Internet service or made any expenditure whatsoever in order to participate in and/or enter the Promotion. Normal Internet access and usage charges imposed by entrants’ online service will apply. The Sponsor and its agencies are not responsible for technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the user or by any of the equipment or programming associated with or utilized in this Promotion or by any human error which may occur in the processing of the entries in this Promotion or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with this Promotion. The Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry process or the operation of the Promotion or Promotion website; violates the Official Rules; or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. If, for any reason, the Promotion is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupts or affects the administration, security, fairness, integrity or proper conduct of the Promotion, then the Sponsor reserves the right at its sole discretion to cancel the Promotion and determine the winners from among all eligible entries received prior to cancellation.
- Governing Law & Venue: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the participants and Sponsor in connection with the Promotion, shall be governed by and construed in accordance with the laws of New York without giving effect to any choice of law or conflict of law rules or provisions which would cause the application of the laws of any jurisdiction other than the State of New York.
- Release: By entering the Promotion, you hereby grant the Sponsor, Sterling Jewelers Inc., Burson-Marsteller, their affiliates, subsidiaries, assigns, licensees, and legal representatives the irrevocable, perpetual, worldwide right to use, reproduce, edit, market, broadcast, store, distribute, have distributed, reproduce, re-arrange, change, add to or delete from, translate, adapt or otherwise revise and/or alter the video/essay or blur or distort any person, place or item depicted in the video(s), or any display thereof, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon, and promote your video/essay (as such may be edited and modified by the Sponsor in its discretion) for editorial, commercial, promotional and all other purposes. In addition, you hereby assign to the Sponsor all royalty-free, non-exclusive rights, titles, and interests that you may be deemed to have in any reproduction, product, or derivative work using or incorporating the video/essay. In submitting an entry into this Promotion, each entrant agrees to, confirms and represents to Sponsor that neither he/she nor anyone else has engaged or taken part in (or induced or encouraged anyone else to do so) in any activity or conduct in connection with this Promotion that: (i) may or is likely to harm or create a risk of harm, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to any person, other living things or any property; (ii) may or is likely to create a risk of any other loss or damage to any person, living things or any property; (iii) is or may constitute a crime, unlawful or non-consensual activities (e.g., conduct that could lead to criminal prosecution), tortuous conduct (e.g., conduct that could lead to civil prosecution) or the violation or infringement of the rights of any other party; or (iv) violates any of the terms or conditions of these Official Rules. Unless other wise prohibited by lay, participating in the Promotion constitutes permission to the Sponsor and its agencies to use participants’ names, entry submissions, biographical information, pictures/portraits, likenesses and/or voices and video/essay, for purposes of advertising and trade without further compensation. BY ACCEPTING A PRIZE, THE WINNERS AGREE THAT SPONSOR, STERLING JEWELERS INC., BURSON-MARSTELLER, THEIR AFFILIATES, SUBSIDIARIES, ADVERTISING AND PROMOTION AGENCIES, AND ALL OF THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES AND ASSIGNS, MEMBERS, REPRESENTATIVES AND AGENTS, WILL HAVE NO LIABILITY WHATSOEVER FOR, AND WILL BE HELD HARMLESS BY WINNER FOR ANY LIABILITY FOR ANY INJURY, LOSS OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING DEATH, AND PROPERTY, DUE IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE OR PARTICIPATION IN THIS PROMOTION OR PARTICIPATION IN ANY PROMOTION OR PRIZE-RELATED ACTIVITY.
- Sponsor: The Sponsor of this Promotion is Keep An Open Heart LLC, 23852 Pacific Coast Highway #797, Malibu, CA 90265.
