Golden Ticket Official Rules & Regulations
THESE OFFICAL PROMOTION RULES CONTAIN AN ARBITRATION AGREEMENT, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST JEWEL WITHIN O/B KALOS COMPANY INC. TO BINDING AND FINAL ARBITRATION. UNDER THE ARBITRATION AGREEMENT, (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST JEWEL WITHIN O/B KALOS COMPANY INC. ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT IMPROVE YOUR CHANCES OF WINNING.
These are the official rules (the “Official Rules”) of the Jewel Within Golden Ticket (the “Promotion”). The Promotion is sponsored by Jewel Within o/b Kalos Company Inc. (the “Sponsor”).
ELIGIBILITY REQUIREMENTS. This Promotion is open to legal residents of Canada (excluding Quebec) and United States of America (excluding New York, Rhode Island, Florida) who are eighteen (18) years or older at the time of entry meeting the age of majority in your province, state, or territory of residence. Employees of Jewel Within o/b Kalos Company Inc. (the “Sponsor”) their respective affiliates, subsidiaries, advertising and promotion agencies, suppliers and their immediate family members and/or those living in the same household of each are not eligible to participate. The Promotion is subject to all applicable federal, provincial, state and local laws and regulations. Void where prohibited.
AGREEMENT TO RULES. By participating, you agree to be fully unconditionally bound by these Rules, and you represent and warrant that you meet the eligibility requirements set forth herein. In addition, you agree to accept the decisions of Jewel Within, as final and binding as it relates to the content. The Promotion is subject to all applicable federal, provincial, state and local laws.
SPONSOR. Sponsor of the Giveaway is Jewel Within o/b Kalos Company Inc., 3-617 Douro St, Stratford, Ontario N5A 0B5.
PROMOTION PERIOD. The Promotion begins January 1, 2019 and ends December 31, 2019.
HOW TO OBTAIN A CODE.
Jewel Within Products. Purchase any Jewel Within product from www.jewelwithin.comor a retail location and find the code displayed on the tag included with the jewelry item contained within the product.
Mail Request. To request a code entry without purchasing a Jewel Within product by mailing a handwritten, self-addressed, stamped envelope bearing sufficient return postage and bearing on its exterior the participant’s return mailing address which includes the first and last name, street address, city, province/state and Postal Code/Zip code. Inside the envelope must be one (1) piece of 216mm x 279 mm paper which includes first and last name, date of birth, email address, phone number, age, street address, city, province/state and postal code/zip code. It must also include a handwritten statement “I have read and agree to the Jewel Within o/b Kalos Company Inc. Golden Ticket Official Rules & Regulations and have read the Terms and Conditions outlined on the www.jewelwithin.com website" and then sign your name below. Mail to: Jewel Within o/b Kalos Company Inc, 617 Douro St, Stratford, Ontario N5A 0B5 Attention: Golden Ticket Contest. While supplies last, one code will be mailed in response to each mail-in request. Mail-in requests must be handwritten and the outer envelope must contain the same return address as the requestor’s address on the self-addressed & stamped envelope where the code will be sent. Requests made by any other individual or any entity, and/or originating at any other website or e-mail address or phone number, including but not limited to commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified. All requests become the exclusive property of Sponsor and none will be acknowledged or returned. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, illegible, misdirected or postage-due entries, which will be disqualified. No mechanically reproduced mail-in requests are allowed and any use of robotic, automatic, programmed or the like methods will be void. Hand delivered requests will be declared invalid and disqualified.
WINNER SELECTION. Upon the entry of a valid Jewel Within appraisal code at www.jewelwithin.com, a message will appear on screen showing the retail appraised value of the jewelry prize. If you receive a Golden Ticket inside your Jewel Within product, please refer to the section “How To Claim A Golden Ticket”. Prizes valued $1,000 and greater will be shipped separately.
PRIZE(S). The Prizes consist of a piece of jewelry having an approximate retail value (“ARV”) of $20 up to $6,000.00. Not all jewelry styles and ring sizes having a given ARV may be available to all Winners.
ODDS.The odds of winning a prize with any given code entry depend on the number of code entry submissions.
1 in 200,000 chance of winning a piece of jewelry with a retail value of approximately $5,000 to $6,000.
1 in 100,000 chance of winning a piece of jewelry with a retail value of approximately $1,000 to $4,000.
1 in 50,000 chance of winning a piece of jewelry with a retail value of approximately $200 to $250 (selection of type of stones subject to Sponsors discretion).
1 in 25,000 chance of winning a piece of jewelry with a retail value of approximately $170 to $190 (selection of type of stones subject to Sponsors discretion).
1 in 15,000 chance of winning a piece of jewelry with a retail value of approximately $150 to $160 (selection of type of stones subject to Sponsors discretion).
1 in 10,000 chance of winning a piece of jewelry with a retail value of approximately $130 to $140 (selection of type of stones subject to Sponsors discretion).
1 in 5,000 chance of winning a piece of jewelry with a retail value of approximately $100 to $120 (selection of type of stones subject to Sponsors discretion).
20 in 5,000 chance of winning a piece of jewelry with a retail value of approximately $90 (selection of type of stones subject to Sponsors discretion).
50 in 5,000 chance of winning a piece of jewelry with a retail value of approximately $80 (selection of type of stones subject to Sponsors discretion).
100 in 5,000 chance of winning a piece of jewelry with a retail value of approximately $70 (selection of type of stones subject to Sponsors discretion).
200 in 5,000 chance of winning a piece of jewelry with a retail value of approximately $60 (selection of type of stones subject to Sponsors discretion).
1 in 2,000 chance of winning a piece of jewelry with a retail value of approximately $50 (selection of type of stones subject to Sponsors discretion).
20 in 2,000 chance of winning a piece of jewelry with a retail value of approximately $40 (selection of type of stones subject to Sponsors discretion).
50 in 2,000 chance of winning a piece of jewelry with a retail value of approximately $30 (selection of type of stones subject to Sponsors discretion).
100 in 2,000 chance of winning a piece of jewelry with a retail value of approximately $20 (selection of type of stones subject to Sponsors discretion).
The approximate retail value of all prizes in the Promotion is $600,000 CAD. Any images of prizes are for illustration only. Actual prizes may differ from those illustrated. No prize substitutions or transfers will be allowed. The Sponsor reserves the right to substitute a prize of comparable value in Sponsor’s discretion in the event any advertised prize becomes unavailable.
Winners are responsible for all taxes due as a result of receipt of a prize and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize. For any Winners located in the USA and winning over $600.00 USD in aggregate prizes from Sponsor will receive an Internal Revenue Service (“IRS”) Form 1099 at the end of the calendar year, and a copy of such form will be filed with the IRS. If required by law, as determined by Sponsor in its sole discretion, Sponsor reserves the right to withhold (or collect) and remit to the appropriate taxing authorities the amount of any taxes due. Sponsor also reserves the right to require all winners of prizes with a value of greater than $600.00 USD to submit an IRS Form W-9 prior to being deemed eligible to receive the respective prize.
Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Promotion.
Without limiting the generality of the foregoing, all prizes are provided “as is” without warranty of any kind, either express or implied, and sponsor hereby disclaims all such warranties, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and/or non-infringement.
HOW TO CLAIM A GOLDEN TICKET.
If you receive a Golden Ticket in your Jewel Within official product, contact customer service at email@example.com and provide the code number via email. Customer Service will confirm if the Golden Ticket code is valid and advise you to submit a prize claim by mailing your code along with a piece of paper with your name, date of birth, address, phone number and e-mail address to Kalos Company Inc. 3-617 Douro St, Stratford, Ontario N5A 0B5. Retain a copy of your submission for your records. Original Golden Ticket must be submitted with any claim. No photocopies or other reproductions will be accepted. Proof of submission is not proof of receipt. All codes, code submissions, and other Promotion materials are subject to validation. Golden Ticket Codesubmissions are void if not legible, if not obtained legitimately in accordance with these Official Rules, or if forged, reproduced, duplicated, mutilated, altered, copied, hand-printed, water damaged, tampered with, or if they contain any computer programming, printing, mechanical or typographical errors or any other errors of any kind. You are not a Golden Ticket winner until your prize claim is validated and you receive official notification from Jewel Within o/b Kalos Company Inc.
Each Golden Ticket winner will be required to execute a Skill Testing Question, an Affidavit of Eligibility, a Liability Release, and (where legal) a Publicity Release within fourteen (14) days of delivery to his/her address. If any potential winner cannot be contacted despite diligent efforts within fourteen (14) days, is ineligible, fails to claim a prize within fourteen (14) days of notice or fails to return the completed and executed Affidavit/Release when requested within fourteen (14) of such request, the prize will be forfeited. If any eligible winner is deemed a minor under the laws of his/her province, territory or state of residence, the prize may be awarded in the name of a parent or legal guardian of the minor, or the minor's parent or legal guardian may be required to ratify and sign all prize claim documents. Winners should expect that prizes may not be delivered until up to eight weeks after validation of claim.
Prize claims must be submitted between January 1, 2019 and December 31, 2019 ("Prize Claim Period"). Late claims will not be accepted. Unclaimed prizes will not be awarded.
RIGHTS GRANTED BY YOU & PUBLICITY RELEASE. By participating in the Promotion, each winner, except where prohibited by law, grants Sponsor, and its designees the right to use the winner's name, likeness, picture, portrait, hometown, voice, biographical information and written submissions and written or oral statements, a description of the prize won, in any and all media, now known or hereafter devised, for any purpose, including without limitation, for advertising and promotional purposes without additional compensation, review or approval rights, notification or permission, and each winner hereby releases Sponsor, and its members, subsidiaries, affiliates, partners, employees, directors, and agents, including advertising agencies ("Released Entities") from any liability with respect thereto.
GENERAL CONDITIONS: If, for any reason, the Promotion is not capable or running as originally planned, the Sponsor reserves the right, in its sole discretion to cancel, terminate, modify or suspend the Promotion or any portion(s) thereof and to award any prizes in a fair and equitable manner, as determined by Sponsor, in light of the circumstances. The Sponsor reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Promotion or website. Sponsor has the right, in its sole discretion, to maintain the integrity of the Promotion.Any person attempting to defraud Sponsor or tamper with the Promotion in any way may be prosecuted to the full extent permitted by law and will not be eligible for a prize. No responsibility is assumed for: (i) lost, late, misdirected, damaged, garbled, incomplete or illegible entries or mail-in requests, all of which are void; (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to entrant's or any other person's computer related to or resulting from participating in the Promotion. Only the type and quantity of prizes described in these Official Rules will be awarded. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy in such circumstances. Entrants agree to abide by the Official Rules and the decisions of the Sponsor, which are final.
LIABILITY RELEASE. By participating in the Promotion, you hereby release the Released Entities from any and against any and all injury, loss or damage caused or claimed to be caused by your participation in the Promotion and/or the acceptance, awarding, receipt, use and/or misuse of the prize, and you agree that Released Entities are not responsible for any warranty, representation, or guarantee, expressed or implied, in fact or in law, relating to the Promotion and/or the awarding of any prize, except as expressly set forth in these Official Rules; you further agree that (i) any and all disputes, claims, and causes of action arising out of or in connection with the Promotion, or any prize awarded, shall be resolved individually by arbitration without resort to any form of class action; (ii) any claims, judgments and awards shall be limited to reasonable and actual out-of-pocket costs incurred, including costs associated with entering the Promotion, but in no event attorney's fees; and (iii) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED AND ANY OTHER DAMAGES, OTHER THAN DAMAGES FOR REASONABLE AND ACTUAL OUT-OF-POCKET EXPENSES.
GOVERNING LAW. These Official Rules, 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 and construed in accordance with the internal laws of the Province of Ontario, without regard to principles of conflicts of laws.
ARBITRATION AGREEMENT. PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
Agreement to Arbitrate. This Section is referred to in these Official Rules as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Sponsor, whether arising out of or relating to these Official Rules (including any alleged breach thereof), any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, provincial, territory, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Official Rules, you and Sponsor are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury.
Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND SPONSOR AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND SPONSOR AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
Pre-Arbitration Dispute Resolution. Sponsor is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing Customer Support at firstname.lastname@example.org. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Sponsor should be sent to Jewel Within o/b Kalos Company Jewel Within o/b Kalos Company Inc., 3-617 Douro St, Stratford, Ontario N5A 0B5. The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Sponsor and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Sponsor may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Sponsor or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Sponsor is entitled.
Arbitration Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the Canadian Arbitration Association (“CAA”) rules and procedures, including the CAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “CAA Rules”), as modified by this Arbitration Agreement. The language of the Arbitration will be in English.
If any dispute occurs between the Sponsor and you relating to the Official Rules application, the Parties agree to seek to resolve the dispute or controversy through mediation with Canadian Arbitration Association before pursuing any other proceedings. Nothing herein shall preclude any Party from seeking injunctive relief in the event that the Party perceives that without such injunctive relief, serious harm may be done to the party. Any Party to the dispute may serve notice on the others of its desire to resolve a particular dispute by mediation. The mediator shall be appointed by agreement between the Parties or, if the Parties cannot agree within five days after receipt of the notice of intention to mediate, the mediator will be appointed by Canadian Arbitration Association. The mediation will be held in Ontario, Canada. The Parties agree to attempt to resolve their dispute at mediation. The costs of the mediator shall be shared equally by the Parties. If the dispute has not been resolved within thirty days of the notice of desire to mediate, any Party may terminate the mediation and proceed to arbitration as set out below.
Subject to the mediation provisions set out above, if any dispute or controversy occurs between the Parties relating to the interpretation or implementation of any of the provisions of this Agreement, the dispute will be resolved by arbitration at Canadian Arbitration Association pursuant to the general Canadian Arbitration Association Rules for Arbitration. Any Party may serve notice of its desire to refer a dispute to arbitration. [The arbitration shall be conducted by a single arbitrator.] The arbitration shall be held in Ontario, Canada. The arbitration shall proceed in accordance with the provisions of the Arbitration Act of Ontario. The decision arrived at by the arbitrator(s) shall be final and binding and no appeal shall lie therefrom. Judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The costs of the arbitrator shall be divided equally between the parties.
If there is any inconsistency between any term of the CAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Official Rules as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement.
Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Severability. Without limiting the severability provision the Arbitration Agreement of the these Official Rules, if a court or the arbitrator decides that any term or provision of this Arbitration Agreement other than the Arbitration Agreement (b) above is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court decides that any of the provisions of the Arbitration Agreement (b) is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of these Official Rules will continue to apply.
LEGAL WARNING. Any attempt by an individual, whether or not an entrant, to deliberately damage, destroy, tamper or vandalize the website (www.jewelwithin.com) or interfere with the operation of the Promotion, is a violation of criminal and civil laws and Sponsor reserves the right to seek damages and diligently pursue all remedies against any such individual to the fullest extent permitted by law.
WINNERS LIST. For the names of the Golden Ticket winners, send a self-addressed, stamped envelope to Kalos Company Inc., 3-617 Douro St, Stratford, Ontario N5A 0B5. Requests are to be addressed within sixty (60) days of the Contest Period End date (December 31, 2019). Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, illegible, misdirected or postage-due requests which will not receive a reply. No mechanically reproduced mail-in requests are allowed and any use of robotic, automatic, programmed or the like methods will not receive a reply.
Copyright © 2019 Jewel Within o/b Kalos Company Inc. All rights reserved. Jewel Within o/b Kalos Company Inc. and the associated Jewel Within logos are trademarks of Kalos Company Inc.