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The following promotion is intended for the 50 United States and the District of Columbia only and will be construed and evaluated according to United States laws. Do not proceed in this site if you are not a legal resident of the 50 United States or the District of Columbia, age 18 years or older.

 

JAMES ALLEN® STOP SCROLLING SWEEPSTAKES OFFICIAL RULES

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA, AND CANADA (EXCLUDING QUEBEC) 18 YEARS OF AGE OR OLDER. VOID IN PUERTO RICO, U.S. TERRITORIES AND POSSESSIONS, QUEBEC AND WHERE PROHIBITED. ALL FEDERAL, STATE, PROVINCIAL, AND LOCAL REGULATIONS APPLY.

 

  1. 1.     SPONSOR: The Promotion is sponsored by R2Net Inc., DBA James Allen, a Delaware company with its principal business address at 551 Fifth Ave, Suite 601, New York, NY 10176 (the “Sponsor”).

 

  1. 2.     ELIGIBILITY: The James Allen® Stop Scrolling Sweepstakes (the “Promotion”) is open only to legal residents of the 50 United States, the District of Columbia and Canada (excluding Quebec) who are eighteen (18) years of age, or the age of majority in their place of residence (whichever is older), or older as of the Promotion start date. The Promotion is subject to all applicable federal, state, provincial, and local laws and regulations of the fifty (50) United States and the District of Columbia and is subject to change without notice in order to comply with them. This Promotion is void in Puerto Rico, all United States territories and possessions, Quebec, and where prohibited. Employees, officers, and directors, and their immediate families (spouses, parents, children and each of their respective spouses, and siblings) regardless of where they live, and members of their households (whether or not related) of the Promotion Entities (as defined below) and their respective parent companies, subsidiaries, and affiliates, and their advertising and promotion agencies, or any entities engaged in the development, distribution, implementation or administration of the Promotion, including third party fulfillment agencies, prizing sponsors, and all local sponsors are not eligible to enter or win. Sponsor reserves the right to verify eligibility at any time.

 

If you are entering the Promotion from a mobile device, you may be required to turn on location services on your mobile device. Message and data rates may apply. All charges are billed by and payable to your mobile service provider. Sponsor does not charge for receiving text messages.

 

 

  1. 3.     AGREEMENT TO OFFICIAL RULES: Participation in the Promotion constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein. These Official Rules are also available on https://www.jamesallen.com/stop-scrolling-sweepstakes-terms-and-conditions/ (the “Rules Website”).

 

  1. 4.     ENTRY PERIOD: The Promotion begins at 12:01:00 a.m. Eastern Time (“ET”) on October 6, 2022 and ends on 11:59:00 p.m. ET on October 17, 2022 (the “Promotion Period”). Sponsor’s clock shall be the official clock of the Promotion. Sponsor reserves the right to terminate the Promotion at any time with or without notice to eligible entrants. All Entries must be received during the Promotion Period to be valid and eligible for the Promotion.

 

  1. 5.     HOW TO ENTER: NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. All Entries must be in English. During the Promotion Period, eligible entrants may enter the Promotion via the method described below.

 

  1. a.     You may enter the Promotion by following these steps: (i) visiting https://www.jamesallen.com/stop-scrolling-sweepstakes/ (the “Sweepstakes Website”) or by visiting JamesAllen.com (the “Company Website” and together with the Sweepstakes Website and the Rules Website, the “Websites”) and using the e-mail opt-in pop-up that automatically appears (each an “Entry Form”); (ii) completing all required fields on the Entry Form, including agreeing to opt-in to James Allen marketing communications and the Promotion; and (iii) clicking “submit”. After successfully completing the foregoing steps, you will have submitted an “Entry” and will be entered into the Promotion.

 

NOTE: You may opt out of marketing messages at any time.  Opting out will not affect your odds of winning a prize. In order to access the Websites and in an effort to optimize the Websites’ user experience, ad blocking software on your computer may need to be disabled.

 

Incorrect or incomplete Entries are void and will not be eligible. There is a limit of one (1) Entry per eligible person during the Promotion Period. If multiple Entries by the same entrant are received during the Promotion Period, only the first Entry will be accepted and additional Entries will be disqualified. Multiple entrants are not permitted to share the same email address. Any attempt by you to obtain more than one (1) Entry by using multiple/different email addresses, identities, registrations or logins, or any other methods may void your Entries and you may be disqualified from the Promotion. Any use of robotic, repetitive, automatic, programmed or similar entry methods or agents (including, but not limited to, sweepstakes or contest entry services) will void all Entries by you. In the event of a dispute as to any online Entry or prospective Prize Winner, the authorized account holder of the email address used to enter will be deemed to be the entrant and such individual must comply with these Official Rules. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential Prize Winners may be required to show proof of being the authorized account holders.

 

 

  1. 6.     ENTRANT’S WARRANTIES AND REPRESENTATIONS: By submitting an Entry, each entrant warrants and represents that the Entry: (a) is original to the entrant, (b) does not infringe the intellectual property, privacy, publicity, or any other rights of any third party (including, but not limited to, by sharing any identifying information of a third party or portrayal in a false light), and (c) does not violate any law or regulation. Entrants acknowledge and agree to the terms in these Official Rules, including all eligibility requirements. To be valid, each Entry must follow the directions noted above in Section 5.

 

  1. 7.     PRIZE: The Prize Winner will receive the following (the “Prize”): a ten thousand US dollars ($10,000) credit to redeem on any product from the James Allen Company Website. Usage of the Prize is subject to terms and conditions. Approximate retail value (“ARV”) of all Prizes in this Promotion: $10,000 USD. Prize is awarded on an “as is” basis, and cannot be transferred, redeemed for cash, or used as payment for exchanges, purchases of gift cards, as an adjustment to prior purchase(s), or applied as payment on any account. Prize will not be replaced if lost or stolen and must be redeemed within one (1) year from the date of winning notification from Sponsor.

 

The specifics of all aforementioned elements of the Prize in the Promotion shall be solely determined by Sponsor. All costs, taxes (including federal, state and local taxes), fees, and expenses associated with the Prize or any element of the Prize not specifically addressed above are the sole responsibility of the Prize Winner. All federal, state, provincial, and local taxes on the Prize are the Prize Winner’s responsibility. Prizes may be reported as income to a winner and Prize Winner may be issued an IRS 1099 tax reporting documentation for the actual value of the Prize. Prize cannot be transferred or substituted except at Sponsor’s sole discretion. Sponsor reserves the right to substitute the Prize, or portions thereof, with a prize of equal or greater value. The potential winner acknowledges that Sponsor has not made nor is in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose.

 

 

  1. 8.     HOW WINNERS WILL BE DETERMINED AND ODDS OF WINNING: One (1) prize winner (the “Prize Winner”) will be determined from the eligible Entries received during the Promotion Period. The prospective Prize Winner will be selected in a random drawing on or about October 24, 2022 and will be contacted by email on or about three (3) business days following the drawing (“Prize Notification”). Sponsor’s decisions with respect to the Prize Winner, these Official Rules, and all other matters pertaining to the Promotion shall be final and binding. The prospective Prize Winner will be required to sign an affidavit of eligibility and release of liability and publicity (where permitted), and return same, properly executed, to service@jamesallen.com within five (5) days of issuance of Prize Notification. If Sponsor is unable to contact the prospective Prize Winner within three (3) days from Prize Notification attempt, if the prospective Prize Winner fails to complete and return all requested forms by the specified date, or if the prospective Prize Winner fails to comply with any of the requirements, his/her prize will be forfeited and an alternate prospective Prize Winner may be selected. Upon Sponsor’s receipt of a prospective Prize Winner’s properly executed affidavit and verification of eligibility, Sponsor will confirm the entrant as the official Prize Winner and promptly connect the Prize Winner with a James Allen customer service representative for prizing delivery and use facilitation. Only three (3) alternate drawings will be held, after which the prize will remain un-awarded. The odds of winning depend upon the number of eligible Entries received.

 

If a prospective Prize Winner is a resident of Canada, in order to win and receive the prize he/she must also first correctly answer, unaided and without mechanical or electronic assistance, a time-limited mathematical skill-testing question administered by telephone. Failure of a Canadian prospective Prize Winner to correctly answer the skill-testing question in the time allotted will result in disqualification, the forfeiture of his or her interest in the prize, and the random selection of a substitute prize winners from among all remaining eligible Entries received.

 

  1. 9.     CONDITIONS OF ENTRY: Entry materials that have been tampered with or altered are void. If in the Sponsor’s opinion there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Promotion, or if computer virus, bugs, unauthorized intervention, fraud, or technical difficulties or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Promotion, the Sponsor reserves the right at its sole discretion to disqualify any individual who tampers with the entry process and void any Entries submitted fraudulently, to modify, suspend, or terminate the Promotion, or to conduct a random drawing to award the prizes using all eligible, non-suspect Entries received as of the termination date or as otherwise deemed fair and appropriate by Sponsor at any time with or without notice to eligible entrants. Should the Promotion be terminated prior to the stated expiration date, Sponsor shall take all reasonable measures to post a notice on the Rules Website. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision. CAUTION: ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE THE WEBSITES OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM YOU TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

 

  1. 10.  LIMITATIONS OF LIABILITY: Sponsor and other participating entities (collectively with Sponsor, the “Promotion Entities”), their respective affiliates, subsidiaries, parent, advertising and promotion agencies, prize suppliers, local sponsors, and their respective officers, directors, shareholders, employees and agents, and any and all Internet servers and access provider(s) (collectively, “Released Parties”) are not responsible for: any incorrect or inaccurate Entry information; human error; technical malfunctions; failures, omissions, interruption, deletion, or defect of any telephone network, computer online systems, computer equipment, server providers, or software, including any injury or damage to your or any other person’s computer relating to or resulting from participation in this Promotion; inability to access the Websites; theft, tampering, destruction, or unauthorized access to, or alteration of Entries; transactions that are processed late or incorrectly or are incomplete or lost due to computer or electronic malfunction or traffic congestion on the Internet or at any web site; printing or human or other errors; and any Entries which are late, lost, incomplete, misdirected, stolen, mutilated, illegible, postage due, or any combination thereof. Online submission is not considered proof of delivery or receipt. Upon submission, all Entries become the property of Sponsor and will not be returned. By entering, you agree to release, discharge, indemnify and hold harmless the Released Parties from and against all claims and damages or liability arising in connection with your participation and/or Entry in the Promotion and/or your receipt or use of any Prize awarded in this Promotion or due to any injuries, damages or losses 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 any prize or participation in any Promotion-related activity or participation in this Promotion, including any claims for violations of privacy rights, publicity rights, or other intellectual property rights. Any and all warranties and guarantees are subject to the respective manufacturer’s terms. If by reason of a printing or other error, more prizes are claimed than the number set forth in these rules, all persons making purportedly valid claims will be included in a random drawing to award the advertised number of prizes available in the prize category in question. No more than the advertised number of prizes will be awarded. You further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. You acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.

 

  1. 11.  PRIVACY: In connection with the Promotion entry process, Sponsor and/or Promotion Entities may be collecting personal data about entrants on the Websites in accordance with its privacy policy. Please review Sponsor’s privacy policy located at http://www.jamesallen.com/about-us/privacy-policy.html. By participating in the Promotion, you hereby agree to Sponsor’s and/or Promotion Entities’ collection and usage of your personal information and acknowledge that you have read and accepted Sponsor’s privacy policy. When you enter at the Sweepstakes Website or Company Website, you will be asked to consent to receive promotional emails and reminders for upcoming promotions and information about Sponsor. You may opt out of marketing messages at any time. Opting out will not affect your odds of winning a prize.

 

  1. 12.  PUBLICITY AND RIGHTS GRANT: Except where prohibited by law, participation in the Promotion constitutes your consent to Sponsor’s use of your name, photograph, likeness, statements, biographical information, voice, Entry (including photos or other intellectual property or content you may submit), and state of residence for promotional purposes in any and all media including on the Websites or Sponsor-affiliated social media pages), now or hereafter devised, worldwide in perpetuity, without further payment or consideration, notification or permission. By submitting an Entry, entrants agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Sponsors on the grounds that any use of the Entry infringes any of the entrant’s rights as creator of the Entry, including, without limitation, copyrights, trademark rights, and moral rights. Sponsor and its designees shall have the right to edit, publish and use the Entries in any way and in any media for trade, advertising, promotional, and/or other purposes as Sponsor and/or its designees may determine.

 

  1. 13.  DISPUTES/GOVERNING LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these rules, or the rights and obligations of any entrant or the Promotion Entities in connection with the Promotion, shall be governed by and construed in accordance with the laws of the State of Ohio, United States without giving effect to any choice of law or conflict of law rules or provisions which would cause the application or the laws of any jurisdiction other than the State of Ohio, United States. Any action or litigation concerning this Agreement shall take place exclusively in the federal or state courts sitting in the State of Ohio, United States, and you expressly consent to the jurisdiction of and venue in such courts and waive all defenses of lack of jurisdiction and inconvenient forum with respect to such courts. You expressly agree that any and all disputes, claims, and causes of action arising out of or in connection with this Promotion, that cannot be resolved between the parties shall be resolved individually, without resort to any form of class action. You agree to service of process by mail or other method acceptable under the laws of the State of Ohio. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS PROMOTION. YOU HEREBY WAIVE ANY RIGHTS OR CLAIMS TO ATTORNEYS’ FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, IDENTIFIABLE PERSONS, OR THIRD PARTY PARTICIPANTS, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE. ENTRANT FURTHER WAIVES ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR INCREASED.

 

  1. 14.  SEVERABILITY: If any provision of these Official Rules shall be held invalid, illegal, or unenforceable, such provision shall be enforced to the maximum extent permitted by law and the Sponsor’s fundamental intentions hereunder, and the remaining provisions shall not be affected or impaired, provided, however, that in such cases the parties oblige themselves to use their best efforts to achieve the purpose of the invalid provision by a new legally valid stipulation.

 

  1. 15.  WINNERS LIST: You may obtain the names of the Prize Winner by going to the Rules Website, or by sending an e-mail to service@jamesallen.com with “Winner List – JAMES ALLEN SIGN UP AND WIN $10,000 SWEEPSTAKES” in the subject line.
  2. 16.  Trademark Attribution: The James Allen® trademark is a trademark of R2Net, Inc.

The Promotion and all accompanying materials are © 2022 R2Net, Inc.

 

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