NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE CHANCES OF WINNING. THE ACTUAL ODDS OF WINNING DEPEND ON THE NUMBER OF ENTRIES.
1. ELIGIBILITY. The John Atencio Wish List Sweepstakes (the “Sweepstakes”) is open to persons at least eighteen (18) years of age or older at the time of entry, who are legal residents of the United States (excluding Rhode Island). Employees of Sponsor, its subsidiaries and affiliates, and their immediate family members and/or those living in the same household of each are not eligible. “Immediate family member” means husband, wife, children, mother, father, sister, sister-in-law, brother or brother-in-law. The Sweepstakes is subject to all applicable federal, state, regional, and local laws and regulations. It is void where prohibited, taxed or restricted by law.
2. SPONSOR. The Sweepstakes is sponsored by John Atencio Goldsmith, LTD, 3000 E. 1st Avenue, Ste 181, Denver, Colorado, 80206. 800-219-0276. The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram and Facebook.
3. AGREEMENT TO OFFICIAL RULES. By participating in the Sweepstakes, Entrant warrants that he/she fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize in contingent upon fulfilling all requirements set forth herein. Any violation of the Official Rules may, at Sponsor’s discretion, result in disqualification.
4. ENTRY PERIOD. The Sweepstakes begins on August 6, 2021 and ends August 31(the “Entry Period”). Drawing will take place on September 3rd, 2021 (the random drawing date).
5. HOW TO ENTER
- a.(i) ONLINE: Visit JohnAtencio.com and create your wish list.
- i. New users: create a password protected account.
- ii. Existing users: log into your account.
- a.(ii) IN STORE: Visit any participating John Atencio store and complete the in store entry form (Wish List Entry Card).
- b. Add eligible items to your wish list by selecting the heart icon next to any John Atencio product for the ONLINE entry or identify the John Atencio product as indicated in the Wish List Entry Card.
- i. Eligible items must have a total retail value of USD $4,000 or less (for the September 2nd drawing date).
- ii. Excluded from eligibility: Wedding, Engagement (including Elite), Signature, Loose Diamonds and any item(s) where there is a sale or special discount.
- c. To qualify as an Entrant, you must have at least 1 eligible item on your wish list. This includes eligible items added to a wish list prior to the final date of the Entry Period.
- d. By completing the steps above, Entrant warrants and represents that he/she is at least eighteen (18) years old and satisfies the requirements for Eligibility as set forth in these Rules.
- e. Participation in the Sweepstakes by completing the steps above during Entry Period constitutes consent by Entrant to receive communications from John Atencio, including but not limited to, special promotions and new collection launches.
6. PRIZE AND APPROXIMATE RETAIL VALUE. There will be one (1) winner randomly selected on September 2nd, and the winner will receive one or more eligible John Atencio products as chosen by Sponsor from the selected winner’s wish list, which product(s) will have an aggregate approximate retail value of USD $4,000 or less. No substitution or cash redemption is allowed. Prize is non-transferable. Once issued to the winner, no Prize will be replaced if lost or stolen. In the event of unavailability of the Prize, Sponsor reserves the right to substitute a prize of equal or greater value. Winners are responsible for any and all applicable fees and taxes associated with the Prize.
7. RANDOM DRAWING. On the Random drawing date, Sponsor will select the winner(s) in a random drawing from all qualifying Entrants with eligible wish list items (the “Drawing”).Sponsor’s decisions as to the selection of the potential winner are final. The actual odds of winning depend on the number of entries.
8. NOTIFICATION. Sponsor will notify potential winner within five (5) days of the Drawing Date. Notice will be given by email, using information Entrant provided as part of setting up an online John Atencio account. If requested by Sponsor, winners must execute and submit an Affidavit of Eligibility, a Liability Waiver, applicable tax form, and, where allowable, a Publicity Release (collectively the “Releases”). Sponsor will ship the Prize to the potential winner at no cost to the potential winner within ten (10) days of receipt and verification of the respective potential winner’s Releases.
If the potential winner cannot be contacted within three (3) days after the first notification attempt, if the Prize or Prize notification is returned as undeliverable, or if the potential winner rejects the prize or fails to comply with these Official Rules (including, without limitation, refusing to execute and submit the Releases), the Prize will be forfeited and the Entrant will not receive a prize, regardless of the cause of the failure, and an alternative winner will be selected from the remaining eligible entries. Upon prize forfeiture, no compensation will be given.
9. PUBLICITY. Except where prohibited, participation in the Sweepstakes constitutes potential winner’s consent and permission to use the name, likeness, biographical data, contact information, and/or any statements made by each winner regarding the Sweepstakes or Sponsor for editorial, advertising, marketing, publicity, promotion, and administrative purposes by the Sponsor and/or others authorized by the Sponsor in all media now or hereafter known (including through social media, in perpetuity, without additional compensation, notification, or permission. If requested by Sponsor, the potential winner must execute and submit a Publicity Release. Potential winner’s failure to submit a Publicity Release if requested by Sponsor will result forfeiture of the Prize, regardless of the cause of the failure, and an alternative winner will be selected from the remaining eligible entries.
11. GENERAL CONDITIONS. Sponsor reserves the right in its sole discretion to cancel, suspend, and/or modify the Sweepstakes if any fraud, computer virus, or other technical problem may corrupt the administration, security, or proper play of the Sweepstakes, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the Prize at random from among the eligible entries received up to the time of the impairment. Sponsor also reserves the right, in its sole discretion, to disqualify any individual it believes to have tampered with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or in a disruptive manner. Any attempt by any person to undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law; should such an attempt be made, Sponsor reserves the right to seek damages from such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
12. RELEASE AND LIMITATIONS OF LIABILITY. Except where prohibited, by participating in the Sweepstakes, Entrants agree to release and hold harmless Sponsor and its parent and their respective directors, officers, employees, and agents, as well as Instagram and Facebook (the “Release Parties”) from and against any claim or cause of action arising out of the participation in the Sweepstakes or receipt or use of any Prize, including, but not limited to: (a) unauthorized human intervention in the Sweepstakes; (b) technical errors related to computers, servers, providers, telecommunication services, or telephone or network lines; (c) printing errors; (d) errors in administration of the Sweepstakes or the processing of entries; (e) late, lost, or undeliverable mail; or (f) injury or damage to persons or property that which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or receipt of any Prize. Release Parties make no warranties, representations, or guarantees, express or implied, in fact or in law, with respect to this Sweepstakes, or merchantability, quality, or fitness for a particular purpose regarding the Prize or any component or aspect of Prize. Entrant further agrees that in any cause of action, the Release Parties’ liabilities will be limited to Entrant’s cost, if any, of entering and participating in the Sweepstakes, and in no event shall the Release Parties be liable for attorneys’ fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. Entrant hereby waives their right to jury trial with respect to all claims and issues arising out of or relating to these Official Rules, whether sounding in contract or tort, and including any claim of fraudulent inducement thereof.
13. DISPUTES. Except where prohibited, by participating in the Sweepstakes Entrant agrees that any and all disputes, claims and causes of action arising out of or connected with the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Denver, Colorado. All issues and questions concerning the construction, validity, and interpretation, and enforceability of these Official Rules, Entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes shall be governed by, and construed in accordance with, the laws of the state of Colorado without regard to any choice of law or conflict of laws rules which would cause the application of the laws of any other jurisdiction. Should any term or provision of these Official Rules be deemed void, unenforceable or contrary to law by a court of competent jurisdiction, such term shall, but only to the extent necessary to bring such provision within the requirements of the law, be deemed to be severed from the other provision of these Official Rules, and the remainder of these Official Rules shall remain in full force and effect as if it had not been included in the severed provision herein.
14. SWEEPSTAKES RULES AND RESULTS. Sweepstakes results and/or a copy of these Official Rules may be obtained by emailing firstname.lastname@example.org with subject: 2021Wishlist Sweepstakes or by calling 800-219-0276. Requests must be made before September 30, 2021.