“ASHI GLOBAL BRIDAL SWEEPSTAKES AGREEMENT”
APRIL 01, 2021 – OCTOBER 05, 2021

This Agreement is made and entered into by and between ASHI Diamonds LLC (“ASHI/Sponsor”) with its principle office at 18 East 48th Street, 14th Floor, New York, NY 10017, and the Participating Retailer (“The Participating Retailer”) of the Global Bridal Sweepstakes.

The participating Retailer needs to be an Approved ASHI Retailer in order to participate in the ASHI Sweepstakes Program. Once ASHI receives the Sweepstakes Participation request form, it is their sole decision to approve or deny the request. ASHI is not liable to give any reason to anyone for the approval or denial of any Retailer request.

This Agreement is effective as of the Acceptance Date of Agreement on the Global Bridal Sweepstakes Retailer Participation Form and ends after 30 days of the end of the Sweepstake unless ended by either party by email or US Postal mail.

By signing up for the Global Bridal Sweepstakes Program, the Participating Retailer and the Sponsor are agreeing to the following Agreement.

WHEREAS, (a) Sponsor desires that the Participating Retailer markets the Sweepstakes on its social media pages, website and other marketing materials; and (b) Sponsor will conduct or promote a Sweepstakes or contest and plans to offer the prize to the consumer through the Participating Retailer as set forth below.
NOW, THEREFORE in consideration of the covenants, promises, and representations set forth herein, and for other good and valuable consideration, the Participating Retailer and Sponsor hereby agree as follows:

1. Administration of Promotion: Sponsor shall administer the Promotion in compliance with all federal, state and local laws and regulations governing sweepstakes and/or contests, including, without limitation, any privacy laws and regulations. Sponsor will be solely responsible for all aspects of the Promotion including, without limitation, administering and managing the Promotion, drafting any rules and/or terms of the Promotion, conducting all necessary registering and bonding of the Promotion, selecting the winners, contacting the winner, fulfilling the prizing, and obtaining all necessary releases and tax documentation.
2. Prizes and Sweepstakes Details: The parties agree that the attached Exhibit “A” sets forth the timeframe, details, prizes, point-of-sale and advertising elements of the sweepstakes contemplated herein.

    

   a) Any prize provided by the Sponsor shall be without any payment, or other compensation by the winner. There will only be one prize given to one lucky winner. One winner will be randomly chosen from the entry pool of the participating Retailer that has the highest Sweepstakes entries on their customized Sweepstakes Landing Page. The sponsor will be responsible for contacting the winner, collecting all the necessary legal documents from the Winner (Including but not limited to signed Affidavit of Eligibility, Release of Liability and Indemnification, Publicity Release, copy of a valid Driver’s License or Passport, Social Security Number, etc.).

    

   b) For clarification, the Participating Retailer shall be responsible for delivery of the Prize to the Winner in a good condition. The participating Retailer will also need to get the ‘Prize Receipt Form’ filled by the winner, scan it and email it back to the Sponsor. They will be responsible for providing social media support on any Participating Retailer owned or operated social media sites, and other marketing material, marketing in their stores, etc. at the sole discretion of the Participating Retailer.
3. Approval of Promotional Materials: The Participating Retailer hereby grants to Sponsor a limited, royalty, free non‐exclusive and non‐transferable right and license to use its name and trademarks solely as may be provided by the Participating Retailer in its sole discretion (“Intellectual Property”) and solely in connection with the Promotion. Sponsor acknowledges the exclusive ownership of the Participating Retailer’s Intellectual Property, and acknowledges that its use of the Participating Retailer’s Intellectual Property inures to the benefit of the Participating Retailer, including any goodwill, and that Sponsor will not acquire any ownership in the Participating Retailer’s Intellectual Property as a result of this Agreement.
4. Use of Sponsors Intellectual Property & Trademarks: Use of Sponsor’s Content (Sponsor’s Logo, Product Data and Images) is strictly limited to Authorized and Approved Participating Retailer for the promotion of this Sweepstakes only. Use of Sponsor’s Content is strictly limited for use on Participating Retailer’s Website (only on one domain name or url) and Social Media Accounts like Facebook, Twitter, Pinterest, Instagram etc.

    

   a) Content Usage Disclaimer: Sponsor’s Content may not be transferred, shared, uploaded or electronically transmitted to any other third party or website, including websites that engage in closeouts, overstock or auction sales. Sponsor’s Content cannot be used for any other Marketing, Media, Advertising or other purposes. All Content remains the proprietary property of Sponsor. No transfer of any legal rights is made by providing Sponsor Content to Participating Retailer. Participating Retailer may not transmit or transfer any Sponsor’s Content or Product Information to any third party.

    

   Participating Retailer are not allowed to display Sponsor’s Style Number / Id on their Website or Social Media Accounts. Participating Retailer are not allowed to sell Sponsor’s Styles below 1.75 Markup, above their cost from Sponsor, on their Website or on Social Media.

    

   b) Product Content Disclaimer: Sponsor will try to give the most current Product Data including Product Details, Prices and Images. However, this Product Data may not reflect Current Prices due to Gold, Diamonds, Gemstones and Foreign Exchange fluctuations as well as any changes and improvements Sponsor may make to the Products. Prices may not reflect any Discounts or Charges for Special Orders, Metal Color or Sizes. In some cases, Product Data, including Prices, may be inaccurate due to system or typographical errors. While Sponsor makes every attempt to avoid these errors, they may occur. Sponsor reserve the right to correct any and all errors when they do occur and Sponsor Do Not honor inaccurate and erroneous Prices or Information.
5. Data Collection: The Participating Retailer hereby grants ASHI Diamonds LLC the right to collect the consumer data on behalf of the Participating Retailer from the Sweepstakes Landing Page specifically customized for the Participating Retailer by the Sponsor. The questions for the participants will include First Name (Required), Last Name (Required), Email Address (Required), Birthday (Optional) and Anniversary (Optional).

    

   The birth date of participants is not used during the winner selection process. As long as the participant is 18 years or older, the age will not affect the chances of winning. The data collected from the Participating Retailer’s customized landing page will only be accessible to the Participating Retailer and no other retailer.

    

   Under no circumstances will the Sponsor will be liable for any Loss or leakage of Customer or Consumer data due to unexpected or unfortunate circumstances. The Sponsor will do everything in its power to protect the data.
6. Indemnification: The Participating Retailer agrees to indemnify, defend, and hold harmless the Sponsor and its parent, subsidiary, and affiliated corporations, and all officers, directors, shareholders, agents, employees, representatives and associates thereof, for any and all third party claims, demands, losses or damages, inquiries and/or liabilities of every kind whatsoever, whether now known or unknown, arising out of, resulting from, or in any way connected with the marketing done by the Participating Retailer or an allegation that Sponsor’s use of the Participating Retailer’s Intellectual Property infringes a third party’s intellectual property rights, provided that the Participating Retailer’s Intellectual Property was used in the form in which, and for the purpose for which, was supplied to Sponsor by the Participating Retailer.

    

   The Sponsor agrees to indemnify, defend and hold harmless the Participating Retailer and its parent, subsidiary, and affiliated corporations, and all officers, directors, shareholders, agents, employees, representatives and associates thereof, for any and all third party claims, demands, losses or damages, inquiries and/or liabilities of every kind whatsoever, whether now known or unknown, arising out of, resulting from, or in any way connected with the Promotion, except with respect to the marketing provided by the Participating Retailer or the authorized use of the Participating Retailer’s Intellectual Property.
7. Representations and Warranties: Each party represents and warrants that (a) it has the full right and authority to enter into this Agreement and to perform the acts required of it pursuant to this Agreement, and (b) it shall perform in compliance with any applicable laws, rules and regulations of any governmental authority.
8. Relationship of Parties: Both the parties have mutual interest in the success of the Sweepstakes program and shall not hold each other liable for any dispute occurring as a result of conducting the Sweepstakes. This Sweepstakes is being held for the marketing benefit of the Participating Retailer, and the Sponsor is facilitating the same. The Participating Retailer shall not have any right, power, or authority to bind or hold the Sponsor liable for any mishap during the period of the Sweepstakes, including but not limited to defamation, conflict with the winner, etc.
9. Amendments / Modifications: Sponsor holds the right to make any changes/modifications to the Sweepstakes at any point of time, regardless of what stage the Sweepstakes is at; changes include, but are not limited to the Official Rules, Start & End Date of the Sweepstakes, Prize of the Sweepstakes, and Winner of the Sweepstakes, etc. The Sponsor can extend/change the Dates of the Sweepstakes if they have not received at least 25,000 entries in total from all the participating Retailers.
10. Miscellaneous: This Agreement contains the entire understanding of the parties relating to the subject matter hereof, and supersedes all previous agreements or arrangements between the parties relating to the subject matter hereof. No change, amendment or modification of any provision of this Agreement shall be valid unless set forth in a written instrument signed by the party subject to enforcement of such amendment. A waiver by either party of any term or condition of this Agreement in any instance shall not be deemed or construed as a waiver of such term or condition for the future, or of any subsequent breach thereof. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable, such determination shall not affect any other provision hereof, and the unenforceable provision shall be replaced by an enforceable provision that most closely meets the commercial intent of the parties. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same document.

     

    There are separate agreements for ASHI’s Global Sweepstakes and Custom Sweepstakes program. This Agreement between the Sponsor and the Participating Retailer is particularly for the Global Bridal Sweepstakes. If the Global and Custom Sweepstakes are running simultaneously and the Retailer is participating in both, each of the Sweepstakes would have their individual agreements and the Retailer would have to agree to both of them separately.

     

    This Agreement shall be governed by the internal laws of the State of New York, except for its conflict of law provisions. As a condition of being the Participating Retailer in this Sweepstakes, the Participating Retailer agrees that any and all disputes, which cannot be resolved between the parties, and causes of action arising out of, or connected with, this Sweepstakes shall be resolved individually, without resort to any form of class action, exclusively by arbitration under the rules of the American Arbitration Association before a single arbitrator located in New York City, New York. Further, in any such dispute, the Participating Retailer hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorney's fees, other than participant's actual out-of-pocket expenses (i.e. costs associated with entering this Sweepstakes), and the participating Retailer further waives all rights to have damages multiplied or increased. In the event of a conflict between this Agreement and the Exhibit “A”, the terms and conditions of this Agreement shall prevail.

EXHIBIT “A”

"ASHI GLOBAL BRIDAL SWEEPSTAKES OFFICIAL RULES"
APRIL 01, 2021 – OCTOBER 05, 2021

NO PURCHASE, OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES.
A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING. THERE IS NO SKILL INVOLVED IN WINNING THIS SWEEPSTAKES. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ELIGIBLE ENTRIES RECEIVED.

VOID OUTSIDE THE UNITED STATES AND WHERE PROHIBITED BY LAW OR RESTRICTED BY LAW.

These Official Rules govern the Sweepstakes ("Sweepstakes") offered by ASHI Diamonds LLC ("Sponsor/Administrator"). By submitting an entry to this Sweepstakes, during the Sweepstakes Entry Period, you agree to these official rules. Please read them carefully before entering.

1. ELIGIBILITY: The Bridal Sweepstakes is open to permanent, legal residents, physically residing in one (1) of the forty-nine (49) states of the United States, and the District of Columbia (Void in Rhode Island, Puerto Rico, the U.S. Virgin Islands, Guam, all other U.S. territories, possessions, and protectorates, and U.S. Military installations in foreign countries and territories or where prohibited by law). Entrants must be eighteen (18) years of age or older on the date of entry. Employees of ASHI Diamonds LLC, their participating retailers, respective affiliates, sales representatives, dealers, suppliers, wholesalers, distributors, subsidiaries, advertising and promotion agencies and their immediate family members (spouse, child, sibling, parent, grandparent and their respective spouses), and those living in the same household of each (whether legally related or not) are ineligible to enter or win the Sweepstakes. Eligibility is contingent on agreement to, and compliance with, these Official Rules. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations, and is void where prohibited by law. Sponsor has the right to verify the eligibility of each entrant. Do not enter this Sweepstakes if you are not located in the United States.
2. SPONSOR & ADMINISTRATOR: ASHI Diamonds LLC, 18 East 48th Street, 14th Floor, New York, NY 10017.
3. AGREEMENT TO OFFICIAL RULES: By participating in the Sweepstakes, entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor/Administrator, which are final and binding in all matters related to the Sweepstakes. The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, any social media network including and not limited to Facebook, Instagram, Twitter, Pinterest, or YouTube ("Social Media Network"). Entrants understand that they are providing their information to the Sponsor/Administrator, and not to a Social Media Network. Any questions, comments, or complaints regarding this Sweepstakes shall be directed to Sponsor/Administrator.
4. ENTRY PERIOD: The Bridal Sweepstakes begins on April 01, 2021 at 12:00:01 AM EST, and ends on October 05, 2021 at 11:59:59 PM EST (the “Entry Period”), and shall follow the "How to Enter" instructions ("Entry"). The Sponsor/Administrator’s computer is the official time-keeping device for the Sweepstakes.
5. HOW TO ENTER THE SWEEPSTAKES: During the Entry Period, participants can register and enter the Sweepstakes by visiting a specific Retailer’s Bridal Sweepstakes Landing Page. The link to this landing page will be posted on the Retailers Social Media Page (Facebook, Twitter, etc.), the Retailer’s Website, or the Retailer’s Micro-website. Entrants should thoroughly read and follow the instructions on the landing page to submit their Online Sweepstakes Entry. Entrants will be required to provide their first name, last name, email address and Birthday. Anniversary question is Optional. Once the registration form is completed, click the “Enter” box to be entered into the Sweepstakes.

    

   Limit one (1) Entry per person during the Sweepstakes Entry Period.

   All requested information on the entry form at the Sweepstakes must be completed to enter the Sweepstakes. Incomplete entries will be disqualified. Entries will become the property of the Sponsor/Administrator, their Retail Partners and Marketing Partners. All entries must be received by the close of the entry period.

    

   Participants may only enter the sweepstakes once during the entry period, via the online entry form. Any attempt by any entrant to submit entry forms using multiple/different email addresses, identities or any other methods will void that entrant's entry form and that entrant may be disqualified. In the event of a dispute regarding any entry, the authorized account holder of the email address will be deemed to be the entrant. The Authorized Account Holder is defined as the person assigned to an email address, by an Internet access provider, online service provider or other organization responsible for assigning email addresses. Each potential winner may be required to show proof of being the authorized account holder.

    

   Automated Entries are prohibited and use of any automated or computer system to participate is prohibited and will result in disqualification if detected. Normal Internet access and usage charges imposed by your online service may apply. If participating via mobile device, standard phone data rates and usage charges imposed by your phone service provider may apply.

    

   The Sponsor/Administrator is not responsible for lost, late, or misdirected entries, or entries containing incorrect or incomplete information. The Sponsor/Administrator is not responsible for any problems or technical malfunctions of any telephone network or lines, computer, on-line, or Internet systems or servers, computer equipment, software, failure of any e-mail or email or entry or confirmation or winners notice on account of technical problems or traffic congestion on the internet, problems with the Sweepstakes Landing Page or Retailer’s Website.
6. PRIZES: One (1) winner will receive a beautiful 3/4 Ctw I DO Engagement Ring, from ASHI’s I DO Bridal Collection. Retail value of the prize is $4,795. Style Number: 240G2FHWG-LE.

    

   All fees as well as federal, state, and other taxes, costs and expenses relating to the use, acceptance and possession of the prize are the sole responsibility of the winner. The Winner will be required to provide a Social Security Number, copy of their Driver’s License or Passport and necessary tax form to the Sponsor/Administrator/ Participating Retailer, to receive an IRS Form 1099 reflecting the final actual retail value (ARV) of the prize, which is valued at the Price specific to the prize of the Sweepstakes. The ARV of any prize listed is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules, and the date the prize is awarded or redeemed. If the actual purchase price of a prize is less than the ARV stated herein, the prize winner will NOT be entitled to a check, cash or other form of payment for the price difference. Consult with your tax professional regarding potential tax implications.

    

   If the potential winner refuses to provide any required information to the Sponsor to claim the prize, or the Sponsor finds out that the information provided was false, the Sponsor will select an alternate potential winner through a new random drawing, from the remaining eligible entries. All prize details are at the sole discretion of the Sponsor. No substitution or transfer of prize is permitted by winner. The Sponsor reserves the right to substitute a prize (or portion thereof) of comparable or greater value, at their sole direction.

    

   Prizes cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsors reserve the right to make equivalent prize substitutions at its sole discretion if any advertised prize (or portion of a prize) becomes unavailable. Winners are responsible for any loss of prize or portion of prize after it has been received by the winner. Sponsors will not replace any lost or stolen prizes.
7. WINNER SELECTION: The Winner of the Sweepstakes will be selected by the Sponsor/Administrator in a random drawing, on or about October 07, 2021, from the eligible entries received during the Sweepstakes Period, from the Retailer’s Landing Page with the highest number of Registered Entries. Odds of winning depend on the total number of eligible entries received throughout the Sweepstakes.

    

   The birth date of participants is not used during the winner selection process. As long as the participant is 18 years or older, the age will not affect the chances of winning.

    

   If the Sponsor or the Retailer finds out that the information entered by the participant in the entry form is false, the participant will be disqualified and another participant will be randomly chosen as the winner.

 

8. WINNER NOTIFICATION: The Sponsor/Administrator will notify the winner via e-mail after randomly selecting the winner from the entry pool of the Retailer that had the highest number of entries in the specific Sweepstakes. Once the Sponsor receives all the required documents from the winner, the sponsor will then inform the Retailer to invite the winner to their store to receive their prize. The Winner will be notified via email, through the email address they entered while registering for the Sweepstakes, within five (5) days following the winner selection. The Winner must execute an Affidavit of Eligibility, Release of Liability and Indemnification, a Publicity Release, where allowed by law, and return such forms to Sponsor/Administrator and Retail Partner within seven (7) days of prize notification and receipt of documents.

    

   Noncompliance with these Official Rules, failure to submit required forms, return of prize notification as undeliverable, or inability to locate the potential winner within 7 days after notification will result in disqualification of the potential winner, based on the Sponsor’s sole discretion. The Sponsor shall have no liability for a winner's failure to receive notices due to winner's spam, junk email or other security settings, or for the potential winner's provision of incorrect or otherwise non-functioning contact information. If the potential winner cannot be reached, forfeits the prize, is disqualified for any reason, or if the prize or prize notification is returned as undeliverable, the Sponsor/Administrator will select an alternate potential winner in a new random drawing, from among all remaining eligible entries, and will in good faith use best efforts to award the prize to an alternate winner (a maximum up to 3 alternate winners may be drawn).

    

   For the name of the winner, please contact us at sweepstakes@ashidiamonds.com with the email subject line “ASHI Bridal Sweepstakes 2021 - Winner Name Request”. Requests for Prize Winner Name must be received no later than three (3) months after the end of the Sweepstakes Period.
9. PRIVACY: With this Sweepstakes, the Sponsor and their Retail Partners will collect personal data of entrants, in accordance with their privacy policy. Please review their Privacy Policy. By participating, each entrant gives permission to Sponsor and participating retailers to contact them by email, for Promotion-related purposes as well as general marketing or advertising purposes unrelated to a Promotion, such as but not limited to sending Birthday and Anniversary wishes. All the information of the entrants collected from the landing page will be given to the participating retailers, regardless of the source they came from, including Facebook, Instagram, Twitter, Pinterest, or any other social media network, Retailer Website or specific retailer’s Micro- website. The Sponsor/Administrator will also use the collected data to select the winner of the Sweepstakes. The birth date of participants is not used during the winner selection process. As long as the participant is 18 years or older, the age will not affect the chances of winning.
10. PUBLICITY RELEASE – Rights granted by You: By entering the Sweepstakes and accepting the prize, winner agrees that the Sponsor, the participating retailer, and those acting under the Sponsor's authority, may use winner's name, portrait, picture, voice, likeness, image or statements about the Sweepstakes, and biographical information as news, publicity or information and for trade, advertising, public relations and promotional purposes in any media, worldwide, (including but not limited to internet and television broadcast) without further consent or compensation except where prohibited. Entrant releases and holds harmless the Released Parties for any liability, claims and causes of action based on defamation or violation of rights of publicity or privacy.
11. RELEASE: By participating, each entrant gives permission to Sponsor and participating retailers to contact them by email for Promotion-related purposes and for general marketing or advertising purposes unrelated to a Promotion, such as but not limited to sending Birthday and Anniversary wishes. By participating in the Promotion, each entrant agrees to release, and hold harmless the Sponsor/Administrator, their Retail Partners, respective parent companies, subsidiaries, divisions, affiliates and related companies, together with and the respective officers, directors, employees, agents, successors, assigns and licensees of each of them, and those companies supplying prizes (collectively the “Released Parties”) from any liability for losses, damages or injuries arising in connection with their participation in the sweepstakes or the award or use of the prize Released Parties shall not be liable for any loss, theft, damage of personal items or valuables.
12. AMENDMENTS/MODIFICATIONS: Sponsor holds the right to make any changes/modifications to the Sweepstakes at any point of time, regardless of what stage the Sweepstakes is at; changes include, but are not limited to the Official Rules, Start & End Date of the Sweepstakes, Prize of the Sweepstakes, and Winner of the Sweepstakes, etc. The Sponsor can extend/change the Dates of the Sweepstakes if they have not received at least 25,000 entries in total from all the participating Retailers.
13. GENERAL RULES: By participating in this Sweepstakes, Entrants agree to be bound by the Official Rules and the decisions of the Sponsor.

     

    All entries must be received by October 05, 2021. Limit of one (1) Registration Entry per person (email address) throughout the Sweepstakes Period. The Sponsor/Administrator and each of its affiliates, subsidiaries, parent corporations, and their respective officers, directors, shareholders, employees and agents, are not responsible for any incorrect or inaccurate entry information, theft, tampering, destruction, or unauthorized access to, or alteration of entries; any error, omission, interruption, defect or delay in operation or transmission of any Sweepstakes-related website; failure of any entry to be received by the sponsor due to technical problem or human error, printing or other errors. Sponsor reserves the right to modify, suspend or terminate the Sweepstakes if it becomes necessary due to circumstances beyond sponsor’s control. In the event the Sweepstakes is terminated early; a potential winner will be selected from all eligible entries received at the time of termination.

     

    Sponsor has the right, in its sole discretion, to maintain the integrity of the Sweepstakes, to void votes for any reason, including, but not limited to; multiple entries from the same user from different IP addresses; multiple entries from the same computer more than that allowed by sweepstakes rules, incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules. Entries generated by a script, or the use of bots, macros, computer programs, programmed robotic or other technical means are void, and may be disqualified.

     

    Entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. Sponsor is not responsible for any problems or technical malfunctions of any telephone network or lines, computer, online, or internet systems or services, servers, computer equipment, software, failure of any email or entry or confirmation or winners notice on account of technical problems or traffic congestion on the internet, problems with Sweepstakes websites, or any combination thereof, including any injury or damage to entrant’s or any other persons computer resulting from downloading any materials in connection with the sweepstakes. Entries become the property of the Sponsor and may not be acknowledged or returned.

     

    The landing page of the Sweepstakes uses cookies. Your IP Address and Geographical Location is recorded, with your submission of the entry form. For your protection, we track down all fraud and help local authorities prosecute.
14. DISPUTES: The Sweepstakes and/or Official Rules will be governed by the internal laws of the State of New York. As a condition of participating in this Sweepstakes, entrants agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of, or connected with, this Sweepstakes shall be resolved individually, without resort to any form of class action, exclusively by arbitration under the rules of the American Arbitration Association before a single arbitrator located in New York City, New York. Further, in any such dispute, under no circumstances will entrant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorney's fees, other than participant's actual out-of-pocket expenses (i.e. costs associated with entering this Sweepstakes), and entrant further waives all rights to have damages multiplied or increased.

     

    CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THE PROMOTION OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH ENTRANT, AND SPONSOR AND/OR ITS AGENTS RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS' FEES) AND OTHER REMEDIES FROM ANY SUCH PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULL EXTENT PERMITTED BY LAW.

“CUSTOM ‘BRIDAL SWEEPSTAKES’ AGREEMENT”

This Agreement is made and entered into by and between ASHI Diamonds LLC and Avalon Solution - Software Provider (“ Software Provider/ ASHI”) with its principle office at 18 East 48th Street, 14th Floor, New York, NY 10017, and the Retailer using the JewelSweep Software to Sponsor their Custom 'Bridal Sweepstakes' (“Sponsor”).

The participating Retailer needs to be an Approved ASHI Retailer in order to participate in the ASHI Sweepstakes Program. Once ASHI receives the Sweepstakes Participation request form, it is their sole decision to approve or deny the request. ASHI is not liable to give any reason to anyone for the approval or denial of any Retailer request.

This Agreement is effective as of the Acceptance Date of Agreement on the Custom 'Bridal Sweepstakes' Retailer Participation Form and ends after 30 days of the end of the Sweepstake unless ended by either party by email or US Postal mail.

By signing up for the Custom 'Bridal Sweepstakes', the Software Provider and the Sponsor is agreeing to the following Agreement.

The Software Provider will provide the JewelSweep Software to the Sponsor in order to conduct the custom 'Bridal Sweepstakes'. The Software provider will provide the support to the Sponsor to conduct the Sweepstakes including the landing page, marketing material, access to the Admin section to extract the consumer data that gets collected during the sweepstakes and more. The Sponsor can use all the documents and marketing templates provided by the Software Provider at their sole discretion. Software Provider will not be responsible for any mishap or dispute that arises due to the content written in the templates provided to the Sponsor.

It is the Sponsor’s sole responsibility to market the custom Sweepstakes on its social media pages, websites and other marketing material. Software Provider will not give any external marketing support to the Sponsor for the custom Sweepstakes. In accordance to the ASHI Bridal Program, the prize must be purchased by the Sponsor from ASHI Diamonds LLC to promote the Bridal Sweepstakes - as the prize of the Sweepstakes; and the Sponsor will be responsible to provide the prize to the winner on time and in a good condition.

NOW, THEREFORE in consideration of the covenants, promises, and representations set forth herein, and for other good and valuable consideration, the Software Provider and Sponsor hereby agree as follows:

1. Administration of Promotion: Sponsor shall administer the Promotion in compliance with all federal, state and local laws and regulations governing sweepstakes and/or contests, including, without limitation, any privacy laws and regulations. Sponsor will be solely responsible for all aspects of the Promotion including, without limitation, administering and managing the Promotion, drafting any rules and/or terms of the Promotion, conducting all necessary registering and bonding of the Promotion, selecting the winners, contacting the winner, fulfilling the prizing, and obtaining all necessary releases and tax documentation. The Software Provider will provide templates for Official Rules, Privacy Policy, Affidavit of Eligibility, Indemnity, Liability and Publicity Release Form, Automatic consumer email and more, the Sponsor can use all these templates to draft their own sweepstakes documents at their own discretion. Software Provider will not be responsible for any mishap or dispute that arises due to the content written in the templates provided to the sponsor or any issues that occur in the course of the Custom Sweepstakes. The Sponsor is liable for everything relating to the Custom Sweepstakes.
2. Prizes and Sweepstakes Details: The parties agree that the attached Exhibit “A” sets forth the timeframe, details, prizes, point-of-sale and advertising elements of the sweepstakes contemplated herein.

    

   a)Any prize provided by the Sponsor shall be without any payment, or other compensation by the winner. There will only be one prize given to one lucky winner. One winner will be randomly chosen from the entry pool of the participating Retailer that has the highest Sweepstakes entries on their customized Sweepstakes Landing Page. The sponsor will be responsible for contacting the winner, collecting all the necessary legal documents from the Winner (Including but not limited to signed Affidavit of Eligibility, Release of Liability and Indemnification, Publicity Release, copy of a valid Driver’s License or Passport, Social Security Number, etc.).

    

   b) For clarification, the Sponsor shall be responsible for delivery of the Prize to the Winner on time and in a good condition. The Sponsor will be responsible for providing social media support for the Custom Sweepstakes, announcement of the winner and more on any Sponsor owned or operated social media sites, and other marketing material, also including marketing in their stores, etc.
3. Approval of Promotional Materials: The Sponsor hereby grants to Software provider a limited, royalty, free non‐exclusive and non‐transferable right and license to use its name and trademarks solely as may be provided by the Sponsor in its sole discretion (“Intellectual Property”) and solely in connection with the Promotion. The Software provider acknowledges the exclusive ownership of the Sponsor’s Intellectual Property, and acknowledges that its use of the Sponsor’s Intellectual Property inures to the benefit of the Sponsor, including any goodwill, and that Software provider will not acquire any ownership in the Sponsor’s Intellectual Property as a result of this Agreement.
4. Use of Software Provider's Intellectual Property & Trademarks: Use of Software providers Content (Logo, Product Data and Images) is strictly limited to Authorized and Approved Retail Partners for the promotion of this Custom Sweepstakes only. Use of Software Providers Content is strictly limited for use on Sponsors Website (only on one domain name or URL) and Social Media Accounts like Facebook, Twitter, Pinterest, Instagram etc.

    

   a) Content Usage Disclaimer: Software Provider’s Content may not be transferred, shared, uploaded or electronically transmitted to any other third party or website, including websites that engage in closeouts, overstock or auction sales. Software Provider’s Content cannot be used for any other Marketing, Media, Advertising or other purposes except for the promotion of the custom Sweepstakes. All Content remains the proprietary property of the Software Provider. No transfer of any legal rights is made by providing Software Provider’s Content to Sponsor. Sponsor may not transmit or transfer any Software Provider’s Content or Product Information to any third party.

    

   Sponsor is not allowed to display ASHI Diamonds LLC’s Style Number / Id on their Website or Social Media Accounts. Sponsor is not allowed to sell ASHI’s Styles below 1.75 Markup, above their cost from ASHI’s, on their Website or on Social Media.

    

   b) Product Content Disclaimer: ASHI will try to give the most current Product Data including Product Details, Prices and Images. However, this Product Data may not reflect Current Prices due to Gold, Diamonds, Gemstones and Foreign Exchange fluctuations as well as any changes and improvements ASHI may make to the Products. Prices may not reflect any Discounts or Charges for Special Orders, Metal Color or Sizes. In some cases, Product Data, including Prices, may be inaccurate due to system or typographical errors. While ASHI makes every attempt to avoid these errors, they may occur. ASHI reserves the right to correct any and all errors when they do occur and ASHI Do Not honor inaccurate and erroneous Prices or Information.
5. Data Collection: The Participating Retailer hereby grants ASHI Diamonds LLC the right to collect the consumer data on behalf of the Participating Retailer from the Sweepstakes Landing Page specifically customized for the Participating Retailer by the Sponsor. The questions for the participants will include First Name (Required), Last Name (Required), Email Address (Required), Birthday (Optional) and Anniversary (Optional).

    

   Under no circumstances will the Software Provider be liable for any Loss or leakage of Customer or Consumer data due to unexpected or unfortunate circumstances. The Software Provider will do everything in its power to protect the data.
6. Indemnification: ASHI Diamonds LLC and Avalon Solution are providing the JewelSweep Software to the Sponsor to conduct the Custom ‘Bridal Sweepstakes’. ASHI Diamonds LLC and Avalon Solution will not be responsible for any damages that happen to anybody as a result of the Custom Sweepstakes Program. By participating in the Custom ‘Bridal Sweepstakes’, the Sponsor agrees to indemnify, defend, and hold harmless the Software Provider/ ASHI Diamonds LLC, Avalon Solution and its parent, subsidiary, and affiliated corporations, and all officers, directors, shareholders, agents, employees, representatives and associates thereof, for any and all third party claims, demands, losses or damages, inquiries and/or liabilities of every kind whatsoever, whether now known or unknown, arising out of, resulting from, or in any way connected with the Service, software or documents provided by the Software Provider or the custom Sweepstakes or an allegation that Software Provider’s use of the Sponsor’s Intellectual Property infringes a third party’s intellectual property rights, provided that the Sponsor’s Intellectual Property was used in the form in which, and for the purpose for which, was supplied to Software Provider by the Sponsor.

    

   The Software Provider agrees to indemnify, defend and hold harmless the Sponsor and its parent, subsidiary, and affiliated corporations, and all officers, directors, shareholders, agents, employees, representatives and associates thereof, for any and all third party claims, demands, losses or damages, inquiries and/or liabilities of every kind whatsoever, whether now known or unknown, arising out of, resulting from, or in any way connected with the Promotion, except with respect to the authorized use of the Software Provider’s Intellectual Property and misuse of the content provided for the custom Sweepstakes.
7. Representations and Warranties: Each party represents and warrants that (a) it has the full right and authority to enter into this Agreement and to perform the acts required of it pursuant to this Agreement, and (b) it shall perform in compliance with any applicable laws, rules and regulations of any governmental authority.
8. Relationship of Parties: Both the parties have mutual interest in the success of the Custom 'Bridal Sweepstakes' and shall not hold each other liable for any dispute occurring as a result of conducting the Sweepstakes except for the points mentioned above. This Sweepstakes is being held for the marketing benefit of the Sponsor, and the Software Provider is facilitating the same. The Sponsor shall not have any right, power, or authority to bind or hold the Software Provider liable for any mishap during the period of the Sweepstakes, including but not limited to defamation, conflict with the winner, etc.
9. Amendments/Modifications: Sponsor can request the Software provider to make any changes/modifications to the Sweepstakes at any point of time, regardless of what stage the Sweepstakes is at; changes include, but are not limited to the Official Rules, Start & End Date of the Sweepstakes, Prize of the Sweepstakes, and Winner of the Sweepstakes, etc. It is the sole decision of the Software provider to make the requested changes, which depends on whether it is lawfully and technically possible by the Software Provider.
10. Miscellaneous: This Agreement contains the entire understanding of the parties relating to the subject matter hereof, and supersedes all previous agreements or arrangements between the parties relating to the subject matter (Custom Sweepstakes) hereof. No change, amendment or modification of any provision of this Agreement shall be valid unless set forth in a written instrument signed by the party subject to enforcement of such amendment. A waiver by either party of any term or condition of this Agreement in any instance shall not be deemed or construed as a waiver of such term or condition for the future, or of any subsequent breach thereof. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable, such determination shall not affect any other provision hereof, and the unenforceable provision shall be replaced by an enforceable provision that most closely meets the commercial intent of the parties. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same document.

     

    There are separate agreements for ASHI’s Global Sweepstakes and Custom Sweepstakes program. This Agreement between the Software Provider and the Sponsor is particularly for the Custom Sweepstakes. If the Global and Custom Sweepstakes are running simultaneously and the Retailer is participating in both, each of the Sweepstakes would have their individual agreements and the Retailer would have to agree to both of them separately.

     

    This Agreement shall be governed by the internal laws of the State of New York, except for its conflict of law provisions. As a condition of being the Sponsor in this Sweepstakes, the Sponsor agrees that any and all disputes, which cannot be resolved between the parties, and causes of action arising out of, or connected with, this Sweepstakes shall be resolved individually, without resort to any form of class action, exclusively by arbitration under the rules of the American Arbitration Association before a single arbitrator located in New York City, New York. Further, in any such dispute, the Sponsor hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorney's fees, other than participant's actual out-of-pocket expenses (i.e. costs associated with conducting this Sweepstakes), and the Sponsor further waives all rights to have damages multiplied or increased. In the event of a conflict between this Agreement and the Exhibit “A”, the terms and conditions of this Agreement shall prevail.

"CUSTOM 'BRIDAL SWEEPSTAKES OFFICIAL' RULES”

NO PURCHASE, OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES.
A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING. THERE IS NO SKILL INVOLVED IN WINNING THIS SWEEPSTAKES. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ELIGIBLE ENTRIES RECEIVED.

VOID OUTSIDE THE UNITED STATES AND WHERE PROHIBITED BY LAW OR RESTRICTED BY LAW.

These Official Rules govern the Custom ‘Bridal Sweepstakes’ ("Sweepstakes") offered by the Participating Retailer ("Sponsor/Administrator") using the JewelSweep Software provided by ASHI Diamonds LLC and Avalon Solution (“Software Provider”) to Sponsor their Custom Bridal Sweepstakes. By submitting an entry to this Sweepstakes, during the Sweepstakes Entry Period, you agree to these official rules. Please read them carefully before entering.

1. ELIGIBILITY: The participating retailer’s ‘Bridal Sweepstakes’ is open to permanent, legal residents, physically residing in one (1) of the forty-nine (49) states of the United States, and the District of Columbia (Void in Rhode Island, Puerto Rico, the U.S. Virgin Islands, Guam, all other U.S. territories, possessions, and protectorates, and U.S. Military installations in foreign countries and territories or where prohibited by law). Entrants must be eighteen (18) years of age or older on the date of entry. Employees of the Software Provider and the Sponsor, their respective affiliates, sales representatives, dealers, suppliers, wholesalers, distributors, subsidiaries, advertising and promotion agencies and their immediate family members (spouse, child, sibling, parent, grandparent and their respective spouses), and those living in the same household of each (whether legally related or not) are ineligible to enter or win the Sweepstakes. Eligibility is contingent on agreement to, and compliance with, these Official Rules. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations, and is void where prohibited by law. Sponsor has the right to verify the eligibility of each entrant. Do not enter this Sweepstakes if you are not located in the United States.
2. SPONSOR & ADMINISTRATOR: Address and contact information of the Participating Retailer.
3. AGREEMENT TO OFFICIAL RULES: By participating in the Sweepstakes, entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor/Administrator, which are final and binding in all matters related to the Sweepstakes. The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, any social media network including and not limited to Facebook, Instagram, Twitter, Pinterest, or YouTube ("Social Media Network"). Entrants understand that they are providing their information to the Sponsor/Administrator, and not to a Social Media Network. Any questions, comments, or complaints regarding this Sweepstakes shall be directed to Sponsor/Administrator.
4. ENTRY PERIOD: The Sweepstakes begins on the date specified by the Sponsor on the ASHI Custom Sweepstakes Participation Form at 12:00:01 AM in accordance to the Time Zone specified by the Sponsor on the ASHI Custom Sweepstakes Participation Form, and ends on the date specified by the Sponsor on the ASHI Custom Sweepstakes Participation Form at 11:59:59 PM in accordance to the Time Zone specified by the Sponsor on the ASHI Custom Sweepstakes participation form (the “Entry Period”), and shall follow the "How to Enter" instructions ("Entry"). The Sponsor/Administrator’s computer is the official time-keeping device for the Sweepstakes.
5. HOW TO ENTER THE SWEEPSTAKES: During the Entry Period, participants can register and enter the Sweepstakes by visiting the Sponsor’s custom ‘Bridal Sweepstakes’ Landing Page. The link to this landing page will be posted on the Sponsor’s Social Media Pages (Facebook, Twitter, etc.) or their Website. Entrants should thoroughly read and follow the instructions on the landing page to submit their Online Sweepstakes Entry. Entrants will be required to provide their first name, last name, email address and Birthday. Anniversary question is Optional. Once the registration form is completed, click the “Enter” box to be entered into the Sweepstakes.

    

   Limit one (1) Entry per person during the Sweepstakes Entry Period.

   All requested information on the entry form at the Sweepstakes must be completed to enter the Sweepstakes. Incomplete entries will be disqualified. Entries will become the property of the Sponsor/Administrator, their Retail Partners and Marketing Partners. All entries must be received by the close of the entry period.

    

   Participants may only enter the sweepstakes once during the entry period, via the online entry form. Any attempt by any entrant to submit entry forms using multiple/different email addresses, identities or any other methods will void that entrant's entry form and that entrant may be disqualified. In the event of a dispute regarding any entry, the authorized account holder of the email address will be deemed to be the entrant. The Authorized Account Holder is defined as the person assigned to an email address, by an Internet access provider, online Software Provider or other organization responsible for assigning email addresses. Each potential winner may be required to show proof of being the authorized account holder.

    

   Automated Entries are prohibited and use of any automated or computer system to participate is prohibited and will result in disqualification if detected. Normal Internet access and usage charges imposed by your online service may apply. If participating via mobile device, standard phone data rates and usage charges imposed by your phone Software provider may apply.

    

   The Sponsor/Administrator and Software Provider are not responsible for lost, late, or misdirected entries, or entries containing incorrect or incomplete information. The Sponsor/Administrator and Software Provider are not responsible for any problems or technical malfunctions of any telephone network or lines, computer, on-line, or Internet systems or servers, computer equipment, software, failure of any e-mail or email or entry or confirmation or winners notice on account of technical problems or traffic congestion on the internet, problems with the Sweepstakes Landing Page or their Website.
6. PRIZES: One (1) winner will receive an item from the ASHI Jewelry Collection. Retail value of the prize is the Price specified by the Sponsor on the ASHI Custom Sweepstakes Participation Form. It is the Sponsor’s decision to award the prize with or without a center stone. The center stone may or may not be a part of the Sweepstakes prize. It is the Sponsor’s sole discretion to include or not include the center stone as part of the Sweepstakes prize as advertised on the Sweepstakes website and marketing materials.

   All fees as well as federal, state, and other taxes, costs and expenses relating to the use, acceptance and possession of the prize are the sole responsibility of the winner. The Winner will be required to provide a Social Security Number, copy of their Driver’s License or Passport and necessary tax form to the Sponsor/Administrator, to receive an IRS Form 1099 reflecting the final actual retail value (ARV) of the prize, which is valued at the Price specified by the Sponsor on the ASHI Custom Sweepstakes Participation Form. The ARV of any prize listed is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules, and the date the prize is awarded or redeemed. If the actual purchase price of a prize is less than the ARV stated herein, the prize winner will NOT be entitled to a check, cash or other form of payment for the price difference. Consult with your tax professional regarding potential tax implications.

    

   If the potential winner refuses to provide any required information to the Sponsor to claim the prize, or the Sponsor finds out that the information provided was false, the Sponsor will select an alternate potential winner through a new random drawing, from the remaining eligible entries. All prize details are at the sole discretion of the Sponsor. No substitution or transfer of prize is permitted by winner. The Sponsor reserves the right to substitute a prize (or portion thereof) of comparable or greater value, at their sole discretion.

    

   Prizes cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsor reserves the right to make equivalent prize substitutions at its sole discretion if any advertised prize (or portion of a prize) becomes unavailable. Winners are responsible for any loss of prize or portion of prize after it has been received by the winner. Sponsors will not replace any lost or stolen prizes.
7. WINNER SELECTION: The Winner of the Sweepstakes will be selected by the Sponsor/Administrator in a random drawing, on or about the Day & Date specified by the Sponsor on the ASHI Custom Sweepstakes Participation Form, from the eligible entries received during the Sweepstakes Period, from the Sponsor’s Custom ‘Bridal Sweepstakes’ Landing Page. Odds of winning depend on the total number of eligible entries received throughout the Sweepstakes.

    

   The birth date of participants is not used during the winner selection process. As long as the participant is 18 years or older, the age will not affect the chances of winning.

    

   If the Sponsor or the Software Provider finds out that the information entered by the participant in the entry form is false, the participant will be disqualified and another participant will be randomly chosen as the winner.
8. WINNER NOTIFICATION: The Sponsor/Administrator will notify the winner via e-mail once the winner has been randomly selected. The Winner will be notified via email, through the email address they entered while registering for the Sweepstakes, within five (5) days following the winner selection. The Winner must execute an Affidavit of Eligibility, Release of Liability and Indemnification, a Publicity Release, where allowed by law, and return such forms to Sponsor/Administrator within seven (7) days of prize notification and receipt of documents.

    

   Noncompliance with these Official Rules, failure to submit required forms, return of prize notification as undeliverable, or an ability to locate the potential winner within 7 days after notification will result in disqualification of the potential winner, based on the Sponsor’s sole discretion. The Sponsor shall have no liability for a winner's failure to receive notices due to winner's spam, junk email or other security settings, or for the potential winner's provision of incorrect or otherwise non-functioning contact information. If the potential winner cannot be reached, forfeits the prize, is disqualified for any reason, or if the prize or prize notification is returned as undeliverable, the Sponsor/Administrator will select an alternate potential winner in a new random drawing, from among all remaining eligible entries, and will in good faith use best efforts to award the prize to an alternate winner (a maximum up to 3 alternate winners may be drawn).

    

   For the name of the winner, please contact the Sponsor/Administrator at the Sponsor’s ‘Email specified in the ASHI Custom Sweepstakes Participation Form’ with the email subject line "Custom Bridal Sweepstakes - Winner Name Request”. Requests for Prize Winner Name must be received no later than three (3) months after the end of the Sweepstakes Period.
9. PRIVACY: With this Sweepstakes, the Sponsor will collect personal data of entrants, in accordance with their privacy policy. Please review their Privacy Policy. By participating, each entrant gives permission to the Sponsor/ Administrator to contact them by email, for Promotion-related purposes as well as general marketing or advertising purposes unrelated to a Promotion, such as but not limited to sending Birthday and Anniversary wishes.
   All the information of the entrants collected from the landing page will be used by the Sponsor/Administrator, regardless of the source they came from, including Facebook, Instagram, Twitter, Pinterest, or any other social media network or Sponsor’s Website to send marketing emails and for other marketing and research purposes.
10. PUBLICITY RELEASE: Rights granted by You: By entering the Sweepstakes and accepting the prize, winner agrees that the Sponsor, and those acting under the Sponsor's authority, including the Software provider, may use winner's name, portrait, picture, voice, likeness, image or statements about the Sweepstakes, and biographical information as news, publicity or information and for trade, advertising, public relations and promotional purposes in any media, worldwide, (including but not limited to internet and television broadcast) without further consent or compensation except where prohibited. Entrant releases and holds harmless the Released Parties for any liability, claims and causes of action based on defamation or violation of rights of publicity or privacy.
11. RELEASE: By participating, each entrant gives permission to Sponsor/Administrator to contact them by email for Promotion-related purposes and for general marketing or advertising purposes unrelated to a Promotion, such as but not limited to sending Birthday and Anniversary wishes. By participating in the Promotion, each entrant agrees to release, and hold harmless the Sponsor/Administrator, their Retail Partners, respective parent companies, subsidiaries, divisions, affiliates and related companies, Software Provider together with and the respective officers, directors, employees, agents, successors, assigns and licensees of each of them, and those companies supplying prizes (collectively the “Released Parties”) from any liability for losses, damages or injuries arising in connection with their participation in the sweepstakes or the award or use of the prize. Released Parties shall not be liable for any loss, theft, damage of personal items or valuables.

     

    ASHI Diamonds LLC and Avalon Solution are providing the JewelSweep Software to the Sponsor to conduct the Custom ‘Bridal Sweepstakes’. ASHI Diamonds LLC and Avalon Solution will not be responsible for any damages that happen to anybody as a result of the Custom Sweepstakes Program. By participating in the Custom ‘Bridal Sweepstakes’, both the Sponsor and the Participant agrees to release and forever discharge ASHI Diamonds LLC and Avalon Solution, and its affiliates, Vendors, Partners, Agents, respective parent companies, subsidiaries, divisions successors and assigns, Officers, Employees, Representatives, and anyone claiming through them (Collectively the “Released Parties”) in their individual and/or corporate capacities from any and all claims, liabilities, obligations, promises, agreements, disputes, demands, damages, causes of action of any nature and kind, known or unknown, which the participant or the Sponsor may have or claim to have against ASHI Diamonds LLC and Avalon Solution or any of the released parties arising out of or relating to any injury, loss or damage to person or property that may be sustained as a result of participation in the Sweepstakes.
12. AMENDMENTS / MODIFICATIONS: Sponsor holds the right to make any changes/modifications to the Sweepstakes at any point of time, regardless of what stage the Sweepstakes is at; changes include, but are not limited to the Official Rules, Start & End Date of the Sweepstakes, Prize of the Sweepstakes, and Winner of the Sweepstakes, etc. The Sponsor can extend/change the Dates of the Sweepstakes if they have not received at least 25,000 entries in total.
13. GENERAL RULES: By participating in this Sweepstakes, Entrants agree to be bound by the Official Rules and the decisions of the Sponsor.

     

    All entries must be received by 11:59:59 PM in accordance to the Time Zone specified by the Sponsor on the ASHI Custom Sweepstakes participation form and on the Date specified by the Sponsor on the ASHI Custom Sweepstakes Participation Form. Limit of one (1) Registration Entry per person (email address) throughout the Sweepstakes Period. The Sponsor/Administrator and each of its affiliates, subsidiaries, parent corporations, and their respective officers, directors, shareholders, employees and agents, are not responsible for any incorrect or inaccurate entry information, theft, tampering, destruction, or unauthorized access to, or alteration of entries; any error, omission, interruption, defect or delay in operation or transmission of any Sweepstakes-related website; failure of any entry to be received by the sponsor due to technical problem or human error, printing or other errors. Sponsor reserves the right to modify, suspend or terminate the Sweepstakes if it becomes necessary due to circumstances beyond sponsor’s control. In the event the Sweepstakes is terminated early; a potential winner will be selected from all eligible entries received at the time of termination.

     

    Sponsor has the right, in its sole discretion, to maintain the integrity of the Sweepstakes, to void votes for any reason, including, but not limited to; multiple entries from the same user from different IP addresses; multiple entries from the same computer more than that allowed by sweepstakes rules, incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules. Entries generated by a script, or the use of bots, macros, computer programs, programmed robotic or other technical means are void, and may be disqualified.

     

    Entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. Sponsor is not responsible for any problems or technical malfunctions of any telephone network or lines, computer, online, or internet systems or services, servers, computer equipment, software, failure of any email or entry or confirmation or winners notice on account of technical problems or traffic congestion on the internet, problems with Sweepstakes websites, or any combination thereof, including any injury or damage to entrant’s or any other persons computer resulting from downloading any materials in connection with the sweepstakes. Entries become the property of the Sponsor and may not be acknowledged or returned.

     

    The landing page of the Sweepstakes uses cookies. Your IP Address and Geographical Location is recorded, with your submission of the entry form. For your protection, we track down all fraud and help local authorities prosecute.
14. DISPUTES: The Sweepstakes and/or Official Rules will be governed by the internal laws of the State where the sponsor’s store / company is present - Sponsor’s State as specified in the ASHI Custom Sweepstakes Participation Form. As a condition of participating in this Sweepstakes, entrants agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of, or connected with, this Sweepstakes shall be resolved individually, without resort to any form of class action, exclusively by arbitration under the rules of the American Arbitration Association before a single arbitrator located in the Sponsor’s State as specified in the ASHI Custom Sweepstakes Participation Form. Further, in any such dispute, under no circumstances will entrant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorney's fees, other than participant's actual out-of-pocket expenses (i.e. costs associated with entering this Sweepstakes), and entrant further waives all rights to have damages multiplied or increased.

     

    CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THE PROMOTION OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH ENTRANT, AND SPONSOR AND/OR ITS AGENTS RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS' FEES) AND OTHER REMEDIES FROM ANY SUCH PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULL EXTENT PERMITTED BY LAW.