Rules and Regulations for the Hamilton Jewelers "How She Said Yes" Contest
Hamilton Jewelers currently offers the "How She Said Yes" Contest ("The Contest") through its website located at www.howshesaidyes.com
(the "Contest Website"). The Contest is subject to these Rules and Regulations and the Terms of Use for the Website (the "Terms of Use"),
including, without limitation, the releases, waivers and limitations provided under the Terms of Use, both of which can be reviewed below.
By entering the Contest, you are agreeing to both these Rules and Regulations and the Terms of Use. IF YOU DO NOT AGREE WITH THESE RULES AND
REGULATIONS OR THE TERMS OF USE, DO NOT ENTER THE CONTEST OR USE THE WEBSITE.
NO PURCHASE IS NECESSARY TO ENTER OR TO WIN ANY PRIZES.
PURCHASES DO NOT INCREASE YOUR CHANCES OF WINNING.
THIS CONTEST IS VOID WHERE PROHIBITED.
Family members and associates of Hamilton Jewelers and A. JAFFE are not eligible.
In addition to the releases, waivers and limitations you are agreeing to under these Rules and Regulations and the Terms of Use for the benefit
of the Hamilton Jewelers' Parties (as defined in the Terms of Use), you are also agreeing to the same releases, waivers, and limitations for the
benefit of the marketing partners of Hamilton Jewelers, including, without limitation, A. JAFFE.
HOW TO ENTER
To enter the Contest, you must visit www.howshesaidyes.com and follow the instructions to enter your proposal story. Entrants to the Contest
(each "Entrant" and, collectively, the "Entrants") must complete the official entry form, submit an original proposal story, upload an image of
the couple (any photo, not necessarily a proposal one), and click "submit," in order for their entry to be valid (each an "Entry" and,
collectively, the "Entries"). Entries will be accepted starting at 12:00 PM Eastern Daylight Time ("EDT") on November 2, 2011 until 11:59 PM EDT
on December 30, 2011. Voting for the top ten spots begins immediately upon entry.
THE CONTEST IS LIMITED TO ONE ENTRY PER PERSON/COUPLE.
ELIGIBILITY
The Contest is open to any legal resident of the 50 states of the United States of America and the District of Columbia who (i) is 18 years of
age or older at the time of entry, (ii) has announced that he or she is engaged, (iii) is not an employee or a family member of an employee of
Hamilton Jewelers or A. JAFFE, and (iv) is legally eligible to enter under any and all applicable federal, state or local laws, regulations or
rules ("Applicable Law").
As a condition to Entrants' eligibility and continued participation in the Contest, the Entrant agrees not to make any disparaging or defamatory
remarks regarding Hamilton Jewelers or its affiliates, officers, directors or employees.
Hamilton Jewelers reserves the right to disqualify any Entry that (i) violates the requirements for valid Entries or otherwise violates these
Rules and Regulations or the Terms of Use, (ii) otherwise violates Applicable Law or (iii) subjects Hamilton Jewelers or its affiliates,
officers, directors, employees or customers to controversy, negative publicity, ridicule, or scorn.
Hamilton Jewelers further has the right, but not the obligation, to verify the eligibility of any Entrant or of any information provided in any
Entry. Each submission must be the original creation of the Entrant, may not be taken from a previously published work, or have been submitted
in any other contest. Hamilton Jewelers, in its sole and absolute discretion, reserves the right to disqualify any submission that contains
material that is trademarked, copyrighted, or otherwise owned by someone other than the Entrant.
By uploading or otherwise submitting any content to the Website (the "Submitted Content"), you represent and warrant that the Submitted Content
(i) does not contain any material that is pornographic, lewd, obscene, defamatory, profane, offensive or misleading, (ii) does not violate any
intellectual property rights of any third party, including, without limitation, third party copyrights, trademark rights or rights of publicity,
(iii) does not otherwise violate Applicable Law, and (iv) does not otherwise contain any inaccurate or untruthful information.
RIGHT TO USE SUBMITTED CONTENT
By uploading or otherwise submitting Submitted Content with an Entry, you, personally, and on behalf of any subjects included in Submitted
Content, grant to Hamilton Jewelers and A. JAFFE a non-exclusive, fully paid-up, perpetual, worldwide license (the "License") to use all of the
content of Submitted Content, including likenesses, whether in whole or in part, whether composite or distorted, for purposes of illustration,
art, promotion, advertising, trade, sale or any other purpose whatsoever without any right to approve such use. As part of the License, you
also permit the use of any printed material in connection therewith. The License further includes, without limitation, the right to post
Submitted Content, or excerpts thereof, on the Website and websites other than the Website, including, without limitation on any social media,
blog, ACCENT Magazine, or similar website.
Without prejudicing the rights granted by the License, as a condition of receiving any prizes, Entrants may be further required to execute a
separate release granting any or all of the rights described as part of the License granted to Hamilton Jewelers and/or A. JAFFE.
SELECTION OF WINNER
Voting begins on January 1, 2012. There will be a limit placed upon the voting polls to one vote, per person, per day. Voting ends on
January 31, 2012. The winning couple will be announced on February 1, 2012.
Voting will begin at 12:00 PM EDT on January 1, 2012 and will continue until 11:59 PM EDT on January 31, 2012. The essay and photo of the top 10
eligible Entries will be posted to a gallery accessible through the Contest Website. Visitors to the Contest Website will be able to vote for
the Entry they believe most deserves to win the Grand Prize (as defined below). Voting is limited to one vote per person and one vote per entry,
per day, during the duration of the contest. For clarification purposes, Hamilton Jewelers has the sole and absolute discretion to determine the
legitimacy and validity of all votes cast in the Contest and reserves all rights to qualify and/or disqualify votes, before or after they are
cast or tallied. Furthermore, Hamilton Jewelers has the right, but not the obligation, to place restrictions on voting through any means,
selected in its sole and absolute discretion but equally applicable to all entries, in an effort to prevent unauthorized access to the contest
website, vote tampering, ballot stuffing or any other violations of these Rules and Regulations. The highest scoring Entry will be the
"Grand Prize Winner." In the event of a tie, the Entries involved in the tie will be reviewed by a judge selected exclusively by Hamilton
Jewelers, in its sole and absolute discretion, who will serve as a tiebreaker. Any Entrant, in the sole and absolute discretion of Hamilton
Jewelers, found to be obtaining votes fraudulently will be disqualified and their entry will be removed from the Contest Website.
Notwithstanding anything in these Rules and Regulations to the contrary, Hamilton Jewelers reserves the right, to the maximum extent possible
under Applicable Law and in its sole and absolute discretion, to terminate, cancel or modify the Contest if it is incapable of completion as
planned for any reason, including, without limitation, because of viruses, worms, unauthorized access, flood, fire or other natural disaster,
riot, shortage of labor or materials, ruling or action of any government or regulatory agency, or any other act of God or similar occurrence.
If such action is necessary, Hamilton Jewelers may, in its sole and absolute discretion, select a Grand Prize Winner through an alternative
method than that which is otherwise provided under these Rules and Regulations.
PRIZES
One grand prize (the "Grand Prize") will be awarded to the Entrant who receives the most online votes in accordance with these rules and
regulations. The winning Entrant will be contacted by phone and/or email. All prizes are non-transferable and no substitutions are allowed.
The Grand Prize includes a pair of A. JAFFE 18 karat white gold weddings bands with a value of $3,000, a contemporary square for him and
a classic diamond band for her. Hamilton Jewelers, in its sole and absolute discretion, reserves the right to substitute any portion of the
Grand Prize for an item or cash of approximately equal or greater value. Payment of all federal, state and local taxes is the responsibility
of the winner. Acceptance of the prize constitutes permission for Hamilton Jewelers and A. JAFFE to use the results and the name, voice, actual
or simulated likeness, and biographical information of the Grand Prize Winner in connection with the contest. The likelihood of winning the
Grand Prize is subject to the number of Entrants. At the end of the Contest, the name or names of the Grand Prize Winner will be available upon
written request. By accepting any prize the Grand Prize Winner agrees to disclosure of his/her name to external parties at the sole discretion
of Hamilton Jewelers.
CONTACT INFORMATION
All inquiries and notices about the Contest should be sent to the following mailing address:
Hamilton Jewelers
Attn: Donna Bouchard
2542 Brunswick Pike
Lawrenceville, New Jersey 08648
TERMS OF USE
ACCEPTANCE OF TERMS OF USE
Your use in any manner of the website located at www.howshesaidyes.com or of any other website, web page or other Internet platform
(collectively, the "Website") offered by or through Hamilton Jewelers constitutes an acknowledgment that you have read, agree with, and consent
to be bound by all the terms and conditions set forth in these Terms of Use, and all other policies, rules, regulations, terms and conditions
that otherwise appear on the Website. These Terms of Use are a legally binding contract between you and Hamilton Jewelers. These Terms of Use
govern all use of the Website. Hamilton Jewelers reserves the right to update or modify these Terms of Use at any time without prior notice to
you. Your use of the Website following any such change constitutes your agreement to follow and be bound by the updated or modified Terms of
Use.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. USING THE WEBSITE IN ANYWAY INDICATES THAT YOU ACCEPT THESE TERMS OF USE.
IF YOU DO NOT AGREE WITH THESE TERMS OF USE, THEN YOU MAY NOT USE THE WEBSITE.
PRIVACY
Any information or images submitted as part of a contest entry may be shared with the marketing partners of Hamilton Jewelers and may be used by
Hamilton Jewelers for promotional purposes to the extent contest entrants agree at the time of entry pursuant to the rules and regulations
thereof.
USE RESTRICTIONS
The contents on the Website, such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, logos and all
other material (collectively the "Materials") are protected under laws of the United States of America and other countries. Unauthorized use of
the Materials may violate copyright, trademark and other laws. Any rights not expressly granted herein to use the Materials are reserved by
Hamilton Jewelers in full.
Hamilton Jewelers reserves the right, in its sole discretion, to terminate your access to the Website, for any reason without notice. You may
not use the Website (i) for any purpose that violates applicable federal, state or local laws, regulations or rules, (ii) in any manner that
could damage, disable, overburden or impair the Website, (iii) in any manner that may interfere with any other party’s use and enjoyment of the
Website, or (iv) if you are under 13 years of age. You may not attempt to gain unauthorized access to the Website through hacking, password
mining or any other means.
DISCLAIMER OF WARRANTIES
HAMILTON JEWELERS MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE CONTENT OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY CONTEST
PROVIDED THROUGH THE WEBSITE, THE MATERIALS HEREIN, INFORMATION AND FUNCTIONS MADE ACCESSIBLE THROUGH THE WEBSITE, HYPERTEXT LINKS TO THIRD
PARTY SITES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE WEBSITE OR ANY LINKED SITE. FURTHER,
HAMILTON JEWELERS DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY
IF YOU ARE DISSATISFIED WITH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY CONTEST PROVIDED THROUGH THE WEBSITE, THE CONTENT WITHIN, OR
THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE. IN NO EVENT SHALL HAMILTON JEWELERS, ITS AFFILIATES
OR THEIR RESPECTIVE PARENTS, PARTNERS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE "HAMILTON JEWELERS
PARTIES"), BE LIABLE TO VISITORS OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ENTRANTS TO ANY CONTEST PROVIDED THEREON, OR ANY OTHER PERSON
FOR DAMAGES ARISING OUT OF USE OF OR INABILITY TO USE THE WEBSITE. IF ANY PORTION OF THIS LIMITATION IS FOUND TO BE INVALID OR UNENFORCEABLE
FOR ANY REASON, THEN HAMILTON JEWELERS TOTAL LIABILITY WILL BE THE LESSER OF (I) THE COSTS ASSOCIATED WITH ENTERING A CONTEST ASSOCIATED WITH
THE WEBSITE IF RELATED THERETO OR (II) ONE HUNDRED DOLLARS (US$100).
INDEMNIFICATION
To the maximum extent possible under applicable law, you agree to indemnify and hold harmless each of the Hamilton Jewelers Parties from and
against all claims, demands, threats, suits or proceedings and pay all resulting losses, liabilities, damages, costs or expenses, arising out
of your breach of the above terms of use.
Governing Law; Legal Jurisdiction
If you make any claim against any of the Hamilton Jewelers Parties, you agree in advance that in the event you assert any such claim, it will be
governed by the following rules:
- All aspects of the claim, whether procedural or substantive, shall be governed by the laws of the State of New Jersey, except conflicts of
laws that would cause another jurisdiction’s laws to apply and unless the dispute is governed by federal law other than federal law governing
conflicts of law, in which case federal law shall govern.
- The statute of limitations applicable to any claim other than a claim for personal injuries shall be one (1) year, measured from the date you
first visited the Website.
- You agree that any claim brought by you, or on your behalf, shall be exclusively venued in either the United States District Court for the
State of New Jersey or the Supreme Court of the State of New Jersey in Mercer County (the "Agreed Forums"). You agree that in the event that
you bring any claim in any other court or forum, or in the event that a claim is commenced on your behalf in any other forum, such claim shall
be transferred to the Agreed Forums and that you waive any claim of an inconvenient forum.
- You agree to bring any claim individually and not through any class action.
- To the extent that it may be relevant, you agree that your use of the Website and any transaction arising in connection with such use shall be
deemed to have occurred in the State of New Jersey.
If any provision of these Terms of Use is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be
reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Use shall remain in full force and effect.
You cannot transfer your rights or obligations under these Terms of Use to anyone without Hamilton Jewelers' written permission and any
attempted assignment without Hamilton Jewelers' written permission shall be null and void and of no effect whatsoever. Hamilton Jewelers'
failure to enforce any provision of these Terms of Use does not waive Hamilton Jewelers' right to enforce the same provision in the future.
Any headings contained in these Terms of Use are for informational purposes only and are not enforceable provisions by themselves.
