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DIAMONDS AND ROSES PROMOTION

OFFICIAL RULES
NO PURCHASE OR OBLIGATION NECESSARY TO ENTER OR WIN. A PURCHASE
WILL NOT INCREASE YOUR CHANCES OF WINNING.
ELIGIBILITY: The Diamonds and Roses Promotion
(“Promotion”) consists of (i) an Instant Win Game and (ii) Grand Prize
Sweepstakes. Promotion is open only to legal residents of the fifty (50)
United States and the District of Columbia and Canada (excluding Quebec),
who are of legal age of majority in their jurisdiction of residence (and at
least 18 years of age in the U.S.). Void in
Quebec and
where prohibited. Employees of Teleflora LLC, The Regan Group, Zale
Delaware Inc., KR Gems, participating florists, and their respective
parents, subsidiaries, affiliates, retailers and advertising and promotion
agencies, and each of their immediate family members (spouse, and parents,
children, and siblings, and their respective spouses, regardless of where
they live) and individuals living in the same households of each of these
individuals, whether related or not, of the above are not eligible.
Promotion is subject to all applicable federal, provincial, state, and local
laws. U.S. law governs this Promotion.
PROMOTION TIMING:
The Promotion
begins at 12:00:01 a.m. Eastern Time
(“ET”) on January 14, 2008 and ends at
11:59:59 p.m. ET on
February 29,
2008 (the “Promotion Period”).
HOW TO OBTAIN A GAME PIECE:
There are
three (3) ways to obtain a PIN code: 1) A GAME PIECE will be included in the
product boxes of The Teleflora’s Diamonds and Roses vase and the Teleflora’s
Diamond Cut vase purchased for use during the Promotion Period, while
supplies last. The Teleflora florist will include a game piece with the
flowers when making arrangements to be delivered or sold in store in these
vases during the Promotion Period, while supplies last. If a florist has not
provided a game piece in the bouquet made in the eligible vase, consumers
may call the following toll free number for assistance and to receive one
(1) PIN code: 1.866.634.6580
(U.S. and Canada), while supplies last. 2) To
receive a free game piece without purchasing, while supplies last, between
January
14, 2008 and February 14, 2008, send a hand-printed, self-addressed stamped
envelope to PO BOX 1850, Hawthorne, CA 90251. Requests must be postmarked
by February 14, 2008 and received by February 21, 2008. Mechanical
reproductions will not be accepted. VT and Canadian residents may omit
return postage. Limit one (1) request per stamped outer envelope. 3) To
receive a free PIN code after February 14, 2008 through February 29, 2008,
while supplies last, between 8am C. T and 9 pm C. T, call 1.866.634.6580
(U.S. and Canada).
HOW TO PLAY THE INSTANT WIN GAME:
Once you obtain a Game Piece with a PIN code,
visit
www.diamondsandroses.com
(the “Promotion Site”) and follow the directions
to submit your PIN code and play (“Game Play”). You will receive one chance
to play the Instant Win Game, where you will receive one (1) entry into the
Grand Prize Sweepstakes. Individuals who enter the PIN code from the game
piece provided at a randomly selected winning moment (or, if no one enters a
PIN code after a randomly selected winning moment, the first person to enter
a PIN code after such a moment), as determined by Sponsor, will receive a
prize winning message. The number of winning moments will be seeded
randomly throughout the Promotion Period. If you receive a prize winning
message, you are a winner of the prize indicated subject to verification of
eligibility and compliance with the terms of these Official Rules. If you
do not receive a prize winning message, you are not an instant winner. Odds
of winning an Instant Win Game Prize depend on the number of eligible Game
Plays received. Potential Instant Win Game Prize winners will receive
prompt notification at time of Game Play and will be required to respond to
such notification within 24 hours of winning in order to receive a prize. A
PIN code can only be used once. Game Play must be completed during the
Promotion Period in order to be valid. Proof of Game Play and/or
winning that is generated or provided by an entrant shall not be considered
proof of playing and/or winning. Unclaimed prizes will not be awarded.
Limit one (1) Instant Win Game Prize per household. Game Plays/entries
made with same or multiple email addresses, under multiple identities will
be deemed invalid. Game Plays/entries generated by script, macro or other
automated means are void. Incomplete Game Plays/entries
or Game Plays not complying with these Official Rules are subject to
disqualification.
GRAND PRIZE SWEEPSTAKES:
Potential
Grand Prize winner will be determined in a random drawing on or about March
15, 2008 from among all eligible entries received. Odds of winning depend
on the number of eligible entries received.
GENERAL WINNER NOTIFICATION AND VERIFICATION:
All prize awards are subject to verification of eligibility, Game Play and
compliance with the terms of these Official Rules. Potential winners will
be required to execute an affidavit of eligibility (or, if a resident of
Canada, a declaration) and liability release and where legal, a publicity
release, and federal and state tax release, and return same, properly
executed, within 7 days of date of issuance of notification. Failure to
return any or all documents as specified, prize or prize notification being
returned as undeliverable, a potential
winner not complying with any term of these Official Rules or Sponsor’s
inability to contact a potential winner within a reasonable time period will
result in such potential winner being disqualified and, at Sponsor’s
discretion, such prize will be awarded in the
Second Chance Drawing (as described below). If potential winner is a
resident of Canada, he/she will be required to correctly answer, without
assistance of any kind, whether mechanical or otherwise, a time-limited
mathematical skill-testing question to be administered by email. If he/she
answers the skill-testing question incorrectly, as determined by Sponsors in
its sole discretion, he/she will be disqualified and, at Sponsors’
discretion, an alternate winner may be chosen in the Second Chance Drawing.
If winner is at least 18 years of age but deemed a minor in his/her state
or place of residence, prize may be awarded in the name of a parent or legal
guardian who will be responsible for fulfilling all requirements imposed on
winners set forth herein.
In the event of a dispute about the identity of the entrant, Game
Plays/entries will be declared made by
the authorized account holder of the e-mail address submitted at time of
entry provided such individual must be
eligible according to these rules. An authorized account holder is defined
as the natural person who is assigned to an e-mail address by an Internet
access provider, online service provider or other organization (e.g.
business, educational institution, etc.) that is responsible for assigning
e-mail addresses for the domain associated with the submitted e-mail
address. A potential winner may be required to provide Sponsor with proof
that the potential winner is the authorized account holder of the e-mail
address associated with the winning entry. Allow 6-8 weeks for delivery of
prizes following the completion of the winner verification process. If
a winner receives a defected prize, the winner should call: 1.866.634.6580 (U.S.
and Canada) between the hours of 8am C. T and 9 pm C. T to report the
issue.
Second Chance Drawing:
If
any Instant Win Game Prizes are unclaimed, Sponsor reserves the right to
award such prizes in a random drawing on or about March 15, 2008 from among
all remaining, eligible entries received for the Grand Prize Sweepstakes
drawing. Odds of winning a prize in the Second Chance Drawing depend on the
number of unclaimed prizes and number of remaining eligible entries received
for the Grand Prize Sweepstakes drawing. Potential Second Chance winners,
if any, will be required to comply with all requirements imposed on winners
set fort herein.
PRIZES: Grand Prize Sweepstakes:
One (1) Grand
Prize: Diamond Stud Earrings (ARV: US $50,000). Instant Win Game:
Instant Win Game Prize (1,000): 10K white gold spiral circle pendant with
a round diamond accent in a prong setting with a 18 inch rope and
spring-ring clasp (ARV: US $149 each). Total ARV of all prizes
is US $199,000. All prizes are awarded by Teleflora LLC. Prizes are
awarded “as is” with no warranty or guarantee, either express or implied by
Sponsor. Valuations are subject to market fluctuations. All taxes
(including income and withholding taxes) and any other costs and expenses
associated with prize acceptance and use not specifically stated within
these Official Rules as being provided are the sole responsibility of the
winner, including, without limitation, all federal, state, provincial and
local taxes. Prizes may not be transferred, redeemed for cash or
substituted except at the Sponsor’s sole discretion. Sponsor reserves the
right to substitute a prize of comparable or greater value, at its sole
discretion. All prize details are at Sponsor’s sole discretion.
CONDITIONS OF PARTICIPATION: By participating, entrants agree to be
bound by these Official Rules including all eligibility requirements. By
accepting a prize, each winner consents to the use of his/her name, image,
likeness, photograph and biographical material for advertising, publicity,
promotional and other purposes by Sponsor, or a party designated by the
Sponsor, in any and all media now or hereafter devised, including but not
limited to, any online announcements, worldwide in perpetuity, without
additional compensation, notification or permission, except where prohibited
by law. Entrants release and hold harmless Sponsor, The Regan Group, Zale
Delaware Inc., KR Gems, participating florists,
and their respective parent companies, affiliates, subsidiaries, retailers,
advertising and promotion agencies, prize suppliers, and all of their
respective employees, officers, directors and shareholders (collectively, “Releasees”),
from any claims, actions, injury, loss or damage of any kind, including but
not limited to, personal injury or death, resulting from participating in
this Promotion or from the acceptance, possession, or use or misuse of any
prize awarded. This limitation of liability is a comprehensive limitation
of liability that applies to all damages of any kind, including (without
limitation) compensatory, direct, indirect, or consequential damages; loss
of data, income or profit; loss of damage to property; and claims of third
parties. Only the intended number of prizes as outlined in these Official
Rules will be awarded. If, for any reason, more prize claims are received
than the number of prizes offered at any level as set forth in these
Official Rules, Sponsor reserves the right to award the intended number of
prizes through a random drawing from among all eligible prize claims
received for the prize level at issue.
GENERAL:
Releasees are
not responsible for lost, late, illegible, misdirected, inaccurate,
incomplete, delayed, garbled, postage due or stolen Game Plays, code
requests, mailprize claims or
entries, or for Game Plays, entries or
prize claims that are lost, misdirected, or fail to enter into the
processing system; or are processed, reported or transmitted late or
incorrectly; or for any other errors or problems of any kind, whether
typographical, printing, mechanical, human, electronic or otherwise,
relating to or in connection with the Promotion, including, without
limitation, any error or problem which may occur in connection with the
administration of the Promotion, the processing of Game Plays, entries,
requests or prize claims, the announcement of prizes or in any
Promotion-related materials. Releasees are not responsible for technical,
hardware or software malfunctions, lost or unavailable network connections,
fraud, incomplete, garbled, or delayed computer transmissions or inaccurate
transcription of entry information, whether caused by the Sponsor, users or
by any of the equipment or programming associated with or utilized in this
Promotion or by any technical or human error which may occur in the
processing of submissions which may limit a entrant’s ability to participate
in the Promotion. Promotion materials that have been tampered with or
altered or that are obtained through illegitimate or unauthorized channels
are void. Sponsor reserves the right, in its sole discretion, to cancel or
suspend part or all of this Promotion at any time without notice, if in the
judges’ opinion there is any suspected or actual evidence of electronic or
non-electronic tampering with any portion of the Promotion, or if virus,
bugs, non-authorized human intervention or other causes corrupt or impair
the administration, security, fairness or integrity and proper play of the
Promotion. In such event, Sponsor may void any
Game Plays/entries it suspects are at issue and, at its discretion, if
terminated, award any unclaimed Instant Win Game Prizes and Grand Prize in a
random drawing from among all non-suspect, eligible entries received up to
the date of cancellation. Caution: Any attempt by an
entrant or any other individual to undermine the legitimate operation of the
Promotion may be in violation of criminal and civil laws and should such an
attempt be made, the Sponsor reserves the right to seek damages and other
remedies (including attorneys’ fees) from any such person to the fullest
extent permitted by law, including criminal prosecution. Sponsor’s
failure to enforce any term of these Official Rules shall not constitute a
waiver of that or any other provision. Sponsor reserves the right to
disqualify entrants who violate the rules or interfere with this Promotion
in any manner. If an entrant is disqualified, Sponsor reserves the right to
terminate that entrant’s eligibility to participate in the Promotion.
DISPUTES:
Except where prohibited, all issues and questions concerning the
construction, validity, interpretation and enforceability of these Official
Rules, or the rights and obligations of the entrant and Sponsor in
connection with the Promotion , shall be governed by, and construed in
accordance with, the laws of the State of California, without giving effect
to any choice of law or conflict of law rules (whether of the State of
California, or any other jurisdiction), which would cause the application
of the laws of any jurisdiction other than the State of California.
Jurisdiction and venue shall be solely within the State of California.
WINNERS’ LIST:
To obtain the names of the winners, available
after
March 28, 2008, mail a self-addressed stamped envelope by
April 28, 2008 to: Diamonds and Roses Promotion Winners, PO BOX
1850,
Hawthorne,
CA 90251.
Canadian
residents may omit return postage.
SPONSOR:
Teleflora, LLC, 11444 W. Olympic Blvd, Los Angeles, CA 90064.
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