September Anniversary Sweepstakes Official Rules

JEWEL SEPTEMBER ANNIVERSARY 2019 SWEEPSTAKES OFFICIAL RULES 

NO PURCHASE NECESSARY TO ENTER, WIN OR CLAIM A PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING. 

INTERNET ACCESS AS WELL AS A VALID INSTAGRAM ACCOUNT (AS DETAILED BELOW) IS REQUIRED FOR ENTRY AND WINNER NOTIFICATION.  

1. SWEEPSTAKES PERIOD: The Jewel September Anniversary Sweepstakes (“Sweepstakes”) begins on September 6, 2019 upon the posting of the contest announcement Instagram photo and ends on September 10, 2019, at 11:59:59 PM ET (“Sweepstakes Period”). Sponsor’s computer is the official Sweepstakes clock for purposes of calculating the beginning and end of the Sweepstakes. 

2. ELIGIBILITY: The Jewel September Anniversary Sweepstakes is offered to legal residents of the 50 United States and the District of Columbia who are at least 18 years old at the time of entry. Employees, independent contractors, officers, directors, agents, and sales representatives, (and their respective household members and immediate family members) of Jewel Commerce LLC (“Sponsor”) and their respective affiliates and advertising, promotion and web design agencies (“Sweepstakes Entities”) and all other individuals/entities associated with this Sweepstakes are not eligible to enter or win. Void where prohibited or restricted by law. All federal, state and local laws apply. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein. Entrants and/or potential winner may be required to provide proof of identification and eligibility as required by Sponsor in order to award a prize. 

3. HOW TO ENTER THE SWEEPSTAKES: You must have an Instagram account to participate. To create an Instagram account, go to www.instagram.com.  Creating an Instagram account is  free. Messaging and data rates may apply if using a mobile device. During the Sweepstakes Period, an eligible entrant must follow the @JewelCommerce Instagram account. Entrant must then ‘like’ the qualifying Instagram post and leave a comment tagging one (1) friend’s Instagram account name in order to receive one (1) entry into the Sweepstakes. Only one (1) unique username should be tagged per one (1) comment to qualify as an entry. Limit three (3) entries per user per day during the Sweepstakes Period. Any account tagged by an entrant must be unique and cannot not repeated. 

4. RANDOM DRAWING: On or before September 12, 2019, the Sponsor will randomly select one (1) potential winner by bringing all eligible Instagram comment entries into a numbered Spreadsheet and using a variable number generator to choose winner randomly from among all eligible entries received during the Sweepstakes Period. Each winner is considered a potential winner pending verification of eligibility and compliance with these Official Rules. 

5. PRIZES, ODDS OF WINNING, AND APPROXIMATE RETAIL VALUE (“ARV”): There is one (1) prize as set forth in the chart below. The odds of winning a prize depend on the total number of eligible entries received during the Sweepstakes Period. 

Prize: 1 Jewel account credit / gift card (ARV $500) 

Details and any specifications of each prize will be determined by the Sponsor in its sole discretion. Terms and conditions of gift cards apply. The winner shall be solely responsible for payment of any and all applicable federal, state, and local taxes for any prize won. In no event will more prizes than are stated in these Official Rules be awarded. If it is discovered that any entrant attempts to receive additional entries in excess of the stated limitation, that entrant may, in Sponsor’s sole and absolute discretion, be disqualified from the Sweepstakes. 

6. HOW TO CLAIM A PRIZE: After the random drawing, the potential winner will each be notified by Sponsor via the official Jewel Instagram account at the Instagram account associated with the potential winner. In the event that any message is returned as undeliverable, or if no response to the message is received by September 16th, 2019 at 11:59:59 PM ET, or if a potential winner does not comply with these Official Rules, the prize may, in the Sponsor’s sole and absolute discretion, be forfeited. In the event a prize is forfeited or not awarded for any reason, the Sponsor may award the prize in a random drawing consisting of all eligible entries received, at its sole discretion. Winner must have or create a Jewel account in order to claim prize. To create a Jewel account go to www.usejewel.com. If after a good-faith attempt, Sponsor is unable to award or deliver a prize, the prize may not be re-awarded. Prize will be fulfilled 8-10 weeks after winner confirmation. No prize substitution or exchange will be allowed, except by Sponsor, who reserves the right to substitute a prize of equal or greater value in case of unavailability of a prize, at Sponsor’s sole and absolute discretion. All other costs and expenses not expressly set forth herein shall be solely the winner’s responsibility. Sweepstakes Entities shall not be held responsible for any delays in awarding a prize for any reason. The prize will only be awarded to a verified winner. 

7. LIMITATION OF LIABILITY: By participating in this Sweepstakes, entrants agree that the Sweepstakes Entities, and each of their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, and their respective officers, directors, stockholders, employees, representatives, designees and agents (“Released Parties”) are not responsible for lost, late, incomplete, stolen, misdirected, postage due, or undeliverable email notifications or postal mail; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections or availability; or garbled, corrupt or jumbled transmissions, service provider/Internet/use net accessibility, availability or traffic congestion; or any technical, mechanical, printing or typographical or other error; or unauthorized human intervention; or the incorrect or inaccurate capture of registration information; or the failure to capture, or loss of, any such information. The Released Parties are not responsible for any injury or damage, whether personal or property, to participants or to any person’s computer related to or resulting from participating in the Sweepstakes and/or accepting a prize. 

If, for any reason, the Sweepstakes is not capable of running as planned, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes and/or proceed with the Sweepstakes, including the selection of the winner in a manner it deems fair and reasonable, including the selection of the winner from among eligible entries received prior to such cancellation, termination, modification or suspension. This Sweepstakes is subject to all federal, state and local laws and regulations. 

By entering the Sweepstakes, each entrant agrees: (i) to be bound by these Official Rules, including entry requirements; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his/her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Sweepstakes; and (iii) to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable attorneys’ fees) that may arise in connection with: (a) the Sweepstakes, including, but not limited to, any Sweepstakes-related activity or element thereof, and the entrant’s entries, participation or inability to participate in the Sweepstakes; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a prize (or any component thereof); (d) any change in the prizing (or any components thereof); (e) human error; (f) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties; (g) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof); or (h) the negligence or willful misconduct by entrant. 

Without limiting the foregoing, everything regarding this Sweepstakes, including the Website and prize components, are provided “as is” without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Some jurisdictions may not allow the limitations or exclusions of liability for incidental or consequential damages or exclusions of implied warranties, so some of the above limitations or exclusions may not apply. Check local laws for any restrictions or limitations regarding these limitations or exclusions. 

By entering, all entrants agree that this Sweepstakes if governed by the laws of the Commonwealth of Virginia for the resolution of all claims and disputes (excluding any claims against or disputes involving parties other than Sponsor relating to any prize awarded in the Sweepstakes) and consent to the jurisdiction of the federal and state courts of Virginia for the resolution of any such claims and disputes.

Each entrant acknowledges that the Sweepstakes is in no way sponsored, endorsed, administered by, or associated with Instagram, and accordingly releases it from any liability incurred in connection with these Sweepstakes. 

8. GENERAL: Any attempted form of participation in this Sweepstakes other than as described herein is void. In the event of a dispute as to the identity of a winner, the winning entry will be declared made by the authorized account holder of the email address used to create his/her Jewel Account. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational institution) that is responsible for assigning email addresses for the domain associated with the submitted email address. Each entrant may be required to show proof of being an authorized account holder. Sponsor reserves the right to disqualify any individual found, in its sole opinion, to be tampering with the operation of the Sweepstakes, to be acting in violation of these Official Rules or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of a Sweepstakes. Any use of robotic, automatic, macro, programmed, third-party or like methods to participate in the Sweepstakes will void any attempted participation affected by such methods and the disqualification of the individual utilizing the same. CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. If any provision of these Official Rules or any word, phrase, clause, sentence, or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable. The invalidity or unenforceability of any provision of these Official Rules or the prize documents will not affect the validity or enforceability of any other provision. Sponsor’s interpretation of these Official Rules is final and binding in all matters related to the Sweepstakes. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision and such provision shall remain in full force and effect. All entries submitted will not be returned. In the event of any conflict with any Sweepstakes details contained in these Official Rules and Sweepstakes details contained in any Sweepstakes promotional materials (including but not limited to point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Sweepstakes as set forth in these Official Rules shall prevail. 

9. PRIVACY POLICY: Any personally identifiable information collected during an entrant’s participation in the Sweepstakes will be collected by Sponsor or its designee and used by Sponsor, its affiliates, designees, agents and marketers for purposes of the proper administration and fulfillment of the Sweepstakes as described in these Official Rules and in accordance with Sponsor’s privacy policy at https://usejewel.com/privacy. 

10. SPONSOR: Jewel Commerce LLC, 1570 Woodward Ave., Detroit MI 48226. 

11. WINNER LIST/OFFICIAL RULES: In accordance with applicable state laws, a winner list may be requested by an interested individual. A winner list request must be received by December 31, 2019. To receive a copy of the winner list, mail a self-addressed, stamped business-sized envelope to Sponsor at: Jewel September Sweepstakes – Win List Request, 1570 Woodward Ave., Detroit, MI 48226. To receive a copy of these Official Rules, mail a self-addressed, stamped business-sized envelope to Sponsor at: Jewel September Sweepstakes – Official Rules Request, 1570 Woodward Ave., Detroit, MI 48226.