Zales – Win an engagement ring of your choice from the Vera Wang Love collection valued up to $12,229 ARV, a Vera Wang White wedding dress, a trip New York and more
Zales Declare Your Love Proposal Contest Official Rules
No Purchase Necessary
Promotion Period: The Zales Declare Your Love Proposal Contest (“Contest”) begins at 10:00 a.m. Eastern Time (“ET”) on February 1, 2016 and ends at 5:00 p.m. ET on February 23, 2016 (“Contest Period”).
Eligibility: The Contest is open to legal residents of the fifty (50) United States (including the District of Columbia) who are who are twenty-one (21) years of age or older as of date of entry, who are currently unmarried, in a committed relationship, and ready to propose marriage. Employees, officers, directors of Zale Delaware, Inc. (“Sponsor”), Don Jagoda Associates, Inc. (“Administrator”), and each of their respective parent companies, affiliates, subsidiaries, retailers, advertising and promotion agencies and judging organizations (collectively with Sponsor and Administrator, the “Contest Parties”), as well as their immediate family members (spouses, parents, children and siblings) and/or persons living under the same household are not eligible to enter. This Contest shall be construed and evaluated solely according to United States law and subject to federal, state and local laws and regulations. Void where prohibited. By entering, entrants acknowledge compliance with these Official Rules, including eligibility requirements.
How To Enter: To enter, visit https://ZalesDeclareYourLove.com (the “Website”) and follow the instructions to complete all required fields of the on-screen registration form including uploading a photo of you and your significant other and a caption about when you knew you had a “Diamond Kind of Love” [in fifty (50) words or less], to receive one (1) entry into the Contest (“Entry”). Photo must be no larger than 4 MB in file size in one of the following formats: JPG, PNG, BMP, or GIF. The caption must not exceed fifty (50) words. Limit one (1) Entry per person for the entire Contest Period. All Entries must be received by 5:00 p.m. ET on February 23, 2016 to be included in the random drawing for the Grand Prize judging. The person uploading the Entry will be deemed the entrant (“Entrant”) and to whom the prize will be awarded if determined a winner. Duplicate or multiple Entries from the same person/email address are not permitted and will be automatically eliminated. Sponsor will post all approved Entries that comply with the Entry requirements in an online gallery (“Gallery”) on the Website within three (3) to five (5) business days of receipt of Entry. All eligible Entries will be posted in the Gallery to be viewed by members of the general public through the conclusion of the Contest Period and thereafter. By entering, you understand that your Entry, in its entirety or any portion thereof, may (in Sponsor’s sole discretion) be posted on the Sponsor’s websites and/or used in other Sponsor-selected media, and may be posted on other non-affiliated websites.
Submission: Automated Entries, regardless of method of submission, are prohibited, and any use of such automated devices will cause disqualification. All Entries must be complete to be eligible. All Entries become the property of Sponsor and will not be returned, and Sponsor will not verify receipt of Entries. Normal Internet and/or mobile device access and usage charges imposed by Entrants’ online and/or mobile service will apply and are Entrants’ sole responsibility. Sponsor is not responsible for lost, late, misdirected, corrupted, incomplete or damaged Entries. Proof of submission is not proof of receipt by Sponsor.
Entry Requirements: All Entries must be in English and must comply with these Official Rules and the registration instructions, as determined in Sponsor’s sole discretion, to be eligible. All Entries must be the sole, original work of the Entrant. Entrants may not copy or otherwise plagiarize any portion of the Entry from any other source. Modifying, enhancing or altering a third party’s pre-existing work does not qualify as an original work. In such an event, the Entry will be disqualified from the Contest. Entries must not have been submitted in any other competition. The Entrant must own all rights in and to the Entry. Entries must be in keeping with Sponsor’s image, or they will be disqualified. The Entry may not contain obscene, profane, lewd, defamatory or inappropriate text; and may not include nudity, acts of violence, acts that appear to cause injury or harm, or acts that are illegal or dangerous, as determined in Sponsor’s sole discretion. Entries may not contain any third party materials, and may not contain any materials that violate or infringe (or may be at risk of infringing) any third party rights, including without limitation copyright, trademark rights, privacy rights (including portrayal in a false light), publicity rights, or other intellectual property rights. Entries should not contain brand names (other than Zales® Jewelers) or other personal or proprietary materials of any entity or person living or deceased. Entries become the property of the Sponsor and will not be acknowledged or returned. Sponsor has the sole discretion to determine whether an Entry qualifies as an Entry. Any Entry not in compliance with the above and which does not meet the requirements of these Official Rules will be disqualified. By entering, you agree to waive any rights you may have to the Entry submitted. Each Entrant attests that he/she has made all those (other than the significant other) depicted in the Entry aware that he/she is submitting an Entry containing them in this Contest, and all depicted have agreed that Entrant may submit such Entry. If a minor is depicted, he/she must be Entrant’s child/charge. In Sponsor’s discretion, each Entrant may be required to obtain and submit signed release forms at any time from anyone mentioned in his/her Entry. Failure to do so within time frame specified by Sponsor may result in disqualification.
Transfer of Rights: By submitting an Entry, you hereby grant the Contest Parties the irrevocable, perpetual, royalty free, worldwide rights to use, reproduce, publish, edit, market, store, adapt, assign, sell, dispose of, distribute, have distributed, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon, and promote the Entry or excerpts of the Entry (as such may be edited and modified by the Sponsor in its discretion) and any footage from Grand Prize trip (if determined the Grand Prize winner) in perpetuity, for editorial, commercial, promotional and all other purposes (including posting on Sponsor-affiliated websites, and/or other Sponsor-selected media).
Grand Prize Winner Determination: On or about February 24, 2016, five hundred (500) Entries will be randomly selected from among all eligible Entries received throughout the Contest Period. Drawing will be conducted by the Administrator, an independent judging organization whose decisions are final and binding on all matters related to the Contest. The odds of being selected in the random drawing depend on the total number of eligible Entries received throughout the Contest Period.
On or about February 26, 2016, the five hundred (500) Entries selected in the random drawing will be judged by a panel of Sponsor representatives (“Judges”), based on the following criteria:
30% – Originality/Creativity of Entry;
30% – Quality of Entry;
20% – Relevance to Theme;
20% – Sincerity.
The Entry that receives the highest score from the Judges will be deemed the potential Grand Prize winner, subject to verification. In the event of a tie, tied Entries will be re-judged by the Judges based 100% on Originality/Creativity of Entry. Sponsor/Judges’ decisions are final with respect to all matters relating to the Contest.By participating, Entrants agree to the decisions of the Judges, which shall be final and binding in all respects. No information regarding Entries or judging will be disclosed to any third party not involved in the conduct of the Contest.
Contest Winner Notification: On or about February 29, 2016, the potential Grand Prize winner will be contacted via email and/or phone. The potential Grand Prize winner will be required to execute and return an Affidavit of Eligibility, Liability/Publicity Release (where legal) and an Assignment of Rights within twenty-four (24) hours of notification or the potential Grand Prize winner will be disqualified. If winner notification is returned as non-deliverable, or if potential winner fails to return the required verification documents within the required time frame, said potential winner will be disqualified. If potential winner and his/her significant other are not available to travel from March 11, 2016 – March 14, 2016, potential winner will be disqualified. If potential winner is found to be ineligible or if winner does not comply with the Official Rules, said potential winner will be disqualified. If potential winner is disqualified for one of the reasons mentioned above, an alternate will be determined in the same manner for the applicable winner as described above, time permitting. Acceptance of Grand Prize constitutes permission for Contest Parties to use winner’s name, Entry, pictures, footage (as defined below) and likeness for promotional purposes in any and all media throughout the Universe in perpetuity without further compensation except where prohibited by law. Sponsor reserves the right to conduct a background check on the Grand Prize winner (and their significant other) and reserves the right in its sole discretion to disqualify any Entrant based on the results of such background check, if Sponsor determines in its sole discretion that awarding the prize to such Entrant might reflect negatively on Sponsor. Factors that would result in disqualification as an Entrant include, without limitation, any Entrant having been convicted of a felony or misdemeanor, being delinquent on a government ordered payment, such as child support, spousal support, alimony, tax payments, etc.
Prize and Approximate Retail Value (“ARV”): Grand Prize (1): Winner’s choice of engagement ring from the Vera Wang Love collection (ARV up to $12,229.99), a Vera Wang White wedding dress (ARV up to $1,500, as mutually agreed upon between winner/significant other and Sponsor) and VIP dress consultation appointment with Vera Wang (based on availability) at the Vera Wang studio in New York, NY for winner (or his/her significant other), and a 4-day/3-night trip for winner and his/her significant other to New York, NY from March 11, 2016 – March 14, 2016 where the winner will propose to his/her significant other at a Sponsor specified date/location. Trip includes round-trip coach class air transportation between the major airport nearest the winner’s residence to New York, NY, three (3) nights of luxury hotel accommodations at The Plaza or similar [one (1) standard room, based on double occupancy], round trip ground transportation to/from the airport and hotel, Sponsor-specified proposal events, and $500 spending allowance for winner only, awarded in the form of a check. The ARV of the Grand Prize is $20,000.
Prize Information: Prize is Sponsor-specified. Availability of ring sizes and wedding dress sizes varies by style. Prize (or any portion of the prize) is nontransferable, non-assignable, and no substitution or cash redemption is allowed, except that Sponsor reserves the right to award a prize of equal or greater value if an advertised prize (or portion of the prize) is unavailable. The actual value of the Grand Prize may vary based on airfare fluctuations and distance between departure city and New York, NY. In the event the winner/travel companion lives within one-hundred fifty (150) miles of New York, NY, round-trip ground transportation will be provided in lieu of air transportation and no additional compensation will be provided. Grand Prize travel must be taken on dates specified by Sponsor from March 11, 2016 – March 14, 2016, or prize will be forfeited. The Sponsor may videotape or photograph all aspects of the Grand Prize trip, including the proposal and the Vera Wang Studio appointment (“footage”) and Sponsor may use this footage in any way they see fit. The Grand Prize winner and his/her significant other must agree to film and photograph the Grand Prize trip or the Grand Prize winner will be disqualified. Exact travel dates and arrangements are subject to availability, limitations, blackout dates, capacities, and other restrictions and are subject to change, in Sponsor’s sole discretion. Meals, tips and other expenses not explicitly included in the Grand Prize package are the sole responsibility of the Grand Prize winner. Airline carrier’s regulations apply. Grand Prize trip may not be combined with any other offer and travel may not qualify for frequent flyer miles. The Grand Prize winner’s travel companion must execute a Release of Liability/Assignment of Rights prior to travel and must be the Grand Prize winner’s significant other and 21 years of age or older. The Grand Prize winner and his/her travel companion must travel together on the same itinerary. The Grand Prize winner and his/her travel companion must possess valid travel documents (i.e., valid photo I.D.) in order to travel. In the event the Grand Prize winner or his/her travel companion consume alcoholic beverages while participating in any Grand Prize related activities, they do so at their own discretion and agree to hold Sponsor and its agencies harmless from any subsequent damages or third-party claims arising out of or related to such consumption. In the event the Vera Wang studio appointment is cancelled or postponed for any reason or Vera Wang is unavailable for reasons beyond Sponsor’s control, that portion of the prize will not be awarded and no additional compensation will be provided. In the event the Grand Prize winner or travel companion engages in behavior that (as determined by Sponsor, in Sponsor’s sole discretion) is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the trip or eject them from the Vera Wang studio appointment early, in whole or in part, and send the Grand Prize winner and his/her travel companion home with no further compensation. Contest Parties are not responsible for and assume no liability for cancellation or unavailability of specific flights departures.
The Grand Prize winner is solely responsible for all taxes in connection with the prize (if applicable), including without limitation federal, state and local taxes, and the reporting consequences thereof. The Grand Prize winner will be issued a 1099 tax form for the actual value of prize.
General Rules: By participating in this Contest, each participant agrees to be bound by these Official Rules and instructions and by all decisions of the Contest Parties, which are final and legally binding in all matters relating to this Contest. By participating, Entrants and winners agree to release, discharge, indemnify and hold harmless the Contest Parties from and against any claims, damages, or liability due to any damages, or losses or injuries to any person (including death) or property of any kind resulting, in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of a prize or participation in any Contest-related activity or participation in this Contest. Entrants further agree not to pursue any right, claim or action against the Contest Parties in connection with their participation in this Contest. In the event of a dispute as to the identity of an Entrant, the authorized account holder of the email used to enter will be deemed to be the Entrant. An “authorized account holder” of an email address or is the natural person in whose name the email address has been issued by the Internet Access provider or on-line service provider. Sponsor is not responsible for lost, late, or misdirected entries, technical hardware/software failures of any kind, lost/unavailable network connections, or failed/incomplete, garbled or delayed computer transmission, which may limit a user’s ability to participate. 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 Contest or Website; violates the Official Rules; or acts in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. Participants hereby disclaim any rights, including any copyright or any other intellectual property right, in or to the Entry following the assignment contemplated hereby. Sponsor and its agencies are not responsible for technical, hardware or software malfunctions, telephone failures of any kind, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications whether caused by the sender or by any of the equipment or programming associated with or utilized in this Contest which may limit the ability of an individual to participate in or accept a prize in the Contest, or by any human error which may occur in the processing of the Entries in this Contest. Sponsor and its agencies are not responsible for any typographical error in the printing of these Official Rules, administration of the Contest or in the announcement of the prize. Sponsor and its agencies are not responsible for damages to user’s system occasioned by participating in the Contest or downloading any information to participate in the Contest. Sponsor reserves the right to modify or cancel any of the portions of the Contest if they become technically corrupted. In such event, Sponsor would judge the Entries from among all applicable eligible Entries received overall prior to cancellation.
Dispute Resolution: By entering this Contest, Entrants agree that 1) Any and all disputes, claims, and of action arising out of or connected with the Contest or the prize shall be resolved individually, without resort to any form of class action; 2) Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, and shall not include any punitive, consequential or other damages, including costs associated with entering the Contest but in no event include attorneys’ fees; 3) The value of the prize as set forth above represents Sponsor’s determinations of the ARVs in its sole and absolute discretion thereof and such determinations are final and binding and cannot be appealed. If the actual value of the prize turns out to be less than the stated ARV, the difference will not be awarded in cash; and 4) Under no circumstances will any Entrant be permitted to obtain any award for, and Entrant hereby waives all rights to claim punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All dispute resolution shall be made by the Sponsor in its sole discretion. These Official Rules shall be governed by, and construed in accordance with the laws of the state of Texas 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 the state of Texas. Any legal proceedings arising out of this Contest or relating to these Official Rules shall be instituted only in the federal or state courts located in the state of Texas, and the parties consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these Official Rules.
No Waiver: The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
Name of Winner: For the name of the winner, send a self-addressed, stamped envelope, by June 8, 2016, to: Zales Declare Your Love Proposal Contest Winner, Dept. NB, 100 Marcus Drive, Melville, NY 11747.
Sponsor/Administrator: The Sponsor is Zale Delaware, Inc., 901 W. Walnut Hill Lane, Irving, TX. 75038. The Administrator is Don Jagoda Associates, Inc., 100 Marcus Drive, Melville, NY 11747.