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 12:00:0 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 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, 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 . 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
will be declared made by the authorized account holder of the e-mail address
submitted at time of 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, 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, prize claims or , 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. 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.