Kay 100 Years of Kisses Contest Official Rules

No Purchase Necessary

  1. Contest Period: The Kay 100 Years of Kisses Contest (“Contest”) begins at 10:00 a.m. Eastern Time ("ET") on October 3, 2016 and ends at 11:59 p.m. ET on October 23, 2016 ("Contest Period").

  2. Eligibility: Entrants must be legal residents of the fifty (50) United States and the District of Columbia who are eighteen (18) years of age or older as of the date of entry (“Entrant”). Employees, officers, and directors of Sterling Jewelers Inc. (“Sponsor”), Don Jagoda Associates, Inc. (“Administrator”), and each of their respective parent companies, affiliates, subsidiaries, retailers, advertising and promotion agencies and judging organizations (collectively with Sponsor and Administrator, the “Contest Parties”), as well as their immediate family members (spouses, parents, children and siblings) and/or persons living under the same household are not eligible to enter. This Contest shall be construed and evaluated solely according to United States law and subject to federal, state and local laws and regulations.  Void where prohibited. By entering, Entrants acknowledge compliance with these Official Rules, including eligibility requirements.

  3. How To Enter: There are two ways to enter, as follows:

    a) During the Contest Period, Sponsor will post a call-to-action post on the official Kay® Jewelers Facebook® Fan Page at https://www.facebook.com/KayJewelers (the “Post”). To enter, you must comment on the Post or on the Kay Jewelers Facebook Fan Page wall with a “then and now” photo collage (depicted in one individual photo) of your relationship or a past or present individual photo of your relationship and caption (in 100 words or less) in response to the call-to-action to receive one (1) entry into the Contest (“Facebook Entry”). By commenting on the Post or on the Kay Jewelers Facebook Fan Page wall, you are agreeing to these Official Rules. If you do not have a Facebook account, and you would like to create one for free, visit www.Facebook.com.

    b) During the Contest Period, Sponsor will post a call-to-action post on the official Kay® Jewelers Instagram account. To enter, upload a “then and now” photo collage (depicted in one individual photo) of your relationship or a past or present individual photo and caption (in 100 words or less) in response to the call-to-action and include #Kay100KissesContest within the caption to receive one (1) entry into the Contest (“Instagram Entry”). You must have a public Instagram account. If you do not have an Instagram account, and you would like to create one for free, download the free Instagram app at the Apple® App Store, Windows Marketplace, or the Google® Play store. Including #Kay100KissesContest in an Instagram Entry during the Contest Period constitutes your agreement to these Official Rules.

    Collectively, all eligible Facebook Entries and Instagram Entries are referred to as “Entries.” Entries must be uploaded/posted in accordance with the Facebook Terms of Service, and/or Instagram Terms of Use. The caption should not exceed one hundred (100) words. If the caption does exceed one hundred (100) words, only the first one hundred (100) words will be judged and the remainder of the caption will not be included for judging. Limit one (1) Entry per person per day during the Contest Period, regardless of method of Entry.  For the purposes of this Contest, a “day” is defined as beginning at 12:00 a.m. ET each calendar day and ending at 11:59 p.m. ET the same calendar day, with the exception of the first day which will begin at 10:00 a.m. ET and end at 11:59 p.m. ET. The person uploading/posting the Entry will be deemed the Entrant and to whom the prize will be awarded if determined a winner. Duplicate or multiple Entries from the same person/Facebook account/Instagram account are not permitted and will be automatically eliminated. By entering, you understand that your Entry, in its entirety or any portion thereof, may (in Sponsor’s sole discretion) be posted on the Sponsor’s websites, Sponsor’s social media accounts, and/or used in other Sponsor-selected media, and may be posted on other non-affiliated websites.

    Submission: All Entries must be complete to be eligible. All Entries become the property of Sponsor and will not be returned, and Sponsor will not verify receipt of Entries. Normal Internet and/or mobile device access and usage charges imposed by Entrants’ online and/or mobile service will apply and are Entrants’ sole responsibility. Sponsor is not responsible for lost, late, misdirected, corrupted, incomplete or damaged Entries. Proof of submission is not proof of receipt by Sponsor.

  4. Entry Requirements: All Entries must be in English and must comply with these Official Rules, as determined in Sponsor’s sole discretion, to be eligible. Entries must be unique. All Entries must be the sole, original work of the Entrant. Entrants may not copy or otherwise plagiarize any portion of the Entry from any other source. Modifying, enhancing or altering a third party's pre-existing work does not qualify as an original work. In such an event, the Entry will be disqualified from the Contest. Entries must not have been submitted in any other competition. The Entrant must own all rights in and to the Entry. Entries must be in keeping with Sponsor’s image, or they will be disqualified. The Entry may not contain obscene, profane, lewd, defamatory or inappropriate text; and may not include reference to nudity, acts of violence, acts that appear to cause injury or harm, or acts that are illegal or dangerous, as determined in Sponsor’s sole discretion. Entries may not contain any third party materials, and may not contain any materials that violate or infringe (or may be at risk of infringing) any third party rights, including without limitation copyright, trademark rights, privacy rights (including portrayal in a false light), publicity rights, or other intellectual property rights. Entries should not contain brand names (other than Kay® Jewelers) or other personal or proprietary materials of any entity or person living or deceased.  Sponsor has the sole discretion to determine whether an Entry qualifies as an Entry.  Any Entry not in compliance with the above and which does not meet the requirements of these Official Rules will be disqualified. By entering, you agree to waive any rights you may have to the Entry submitted. Each Entrant attests that he/she has made all those people mentioned in the Entry aware that he/she is submitting an Entry containing them in this Contest, and all mentioned (or the parent/legal guardian for any minor mentioned) have agreed that Entrant may submit such Entry.  In Sponsor’s discretion, each Entrant may be required to obtain and submit signed release forms at any time from anyone (or the parent/legal guardian for any minor) mentioned in his/her Entry. Failure to do so within time frame specified by Sponsor may result in disqualification.

  5. Transfer of Rights: By submitting an Entry, Entrants hereby grant to the Contest Parties the irrevocable, perpetual, royalty free, worldwide rights to use, reproduce, publish, edit, market, store, adapt, assign, sell, dispose of, distribute, have distributed, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon, and promote the Entry or excerpts of the Entry (as such may be edited and modified by the Sponsor in its discretion) in perpetuity, for editorial, commercial, promotional and all other purposes (including posting on Sponsor-affiliated websites, and/or other Sponsor-selected media). Entrants hereby disclaim any rights, including any copyright or any other intellectual property right, in or to the Entry following the assignment contemplated hereby.

  6. Grand Prize Winner Determination: On or about October 31, 2016, all eligible Entries will be judged by a panel of Sponsor representatives (“Judges”), based on the following criteria: Uniqueness of Entry – 30%; Quality of Entry – 30%; and Relevance to Theme – 40%. The top one hundred (100) Entries that receive the highest scores from the Judges will be deemed the potential Grand Prize winners, subject to verification.In the event of a tie, tied Entries will be re-judged by the Judges, based 100% on Quality of Entry. Sponsor/Judges’ decisions are final with respect to all matters relating to the Contest.By participating, Entrants agree to the decisions of the Judges, which shall be final and binding in all respects. No information regarding Entries or judging will be disclosed to any third party not involved in the conduct of the Contest.

  7. Winner Notification: Potential winners will be contacted on or about November 4, 2016. Potential winners who entered via Facebook will be contacted via a comment on the Post thread or on their Entry and will be required to provide their mailing address by completing an online registration form hosted by the Administrator on behalf of Sponsor within three (3) days of notification attempt for prize delivery/winner confirmation. Potential winners who entered via Instagram will be contacted via a direct message on Instagram and must respond via email to confirm their mailing address within three (3) days of notification attempt for prize delivery/winner confirmation. If a potential winner does not respond with the requested information within three (3) days of notification attempt, he/she may be disqualified and an alternate winner may be determined.  Grand Prize winners will be mailed their prizes within 4-6 weeks after address verification.  If any winner notification is returned as non-deliverable, or if an Entrant fails to respond within the required time frame, said Entrant will be disqualified. If a potential winner is found to be ineligible or if they do not comply with the Official Rules, said Entrant will be disqualified. If an Entrant is disqualified for one of the reasons mentioned above, an alternate will be determined in the same manner for the applicable winner as described above, time permitting. Acceptance of a prize constitutes permission for Contest Parties to use winners’ names, Entries, pictures, Facebook/Instagram usernames (as applicable) and likenesses for promotional purposes in any and all media throughout the Universe, in perpetuity, without further compensation, except where prohibited by law.

  8. Prizes: Grand Prize (100): A $100 Kay Jewelers Gift Card.

    Prize Information: All prizes are Sponsor-specified. Gift card is subject to certain terms and restrictions and an expiration date may apply.  Winners are solely responsible for all taxes in connection with the prizes (if applicable), including without limitation federal, state and local taxes, and the reporting consequences thereof. Prizes are nontransferable, non-assignable, and no substitution or cash redemption is allowed, except that Sponsor reserves the right to award a prize of equal or greater value if an advertised prize is unavailable.

  9. General Rules: By participating in this Contest, each Entrant agrees to be bound by these Official Rules and instructions and by all decisions of the Contest Parties, which are final and legally binding in all matters relating to this Contest. By participating, each Entrant agrees to release, discharge, indemnify and hold harmless the Contest Parties, Facebook, and Instagram from and against any claims, damages, or liability due to any damages, or losses or injuries to any person (including death) or property of any kind resulting, in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of a prize or participation in any Contest-related activity or participation in this Contest. Entrants further agree not to pursue any right, claim or action against the Contest Parties in connection with their participation in this Contest. In the event of a dispute as to the identity of an Entrant, the authorized account holder of the Facebook account/Instagram account used to enter will be deemed to be the Entrant. An “authorized account holder” of a Facebook/Instagram account is the natural person in whose name the Facebook/Instagram account has been issued by the Internet Access provider for Facebook/Instagram. Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the Entry process or the operation of the Contest or Website; violates the Official Rules; or acts in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. The Contest Parties are not responsible for lost, late, or misdirected entries, technical hardware/software failures of any kind, lost/unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications whether caused by the sender or by any of the equipment or programming associated with or utilized in this Contest which may limit the ability of an individual to participate in or accept a prize in the Contest, or by any human error which may occur in the processing of the Entries in this Contest. The Contest Parties are not responsible for any typographical error in the printing of these Official Rules, administration of the Contest or in the announcement of the prizes. The Contest Parties are not responsible for damages to user’s system occasioned by participating in the Contest or downloading any information to participate in the Contest. Sponsor reserves the right to modify or cancel any of the portions of the Contest if they become technically corrupted. In such event, Sponsor would award the prizes as outlined in section 6 from among all applicable eligible Entries received prior to cancellation.  

  10. Dispute Resolution: By entering this Contest, Entrants agree that: 1) Any and all disputes, claims, and of action arising out of or connected with the Contest or the prizes shall be resolved individually, without resort to any form of class action; 2) Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, and shall not include any punitive, consequential or other damages, including costs associated with entering the Contest but in no event include attorneys' fees; and 3) Under no circumstances will any Entrant be permitted to obtain any award for, and Entrant hereby waives all rights to claim punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All dispute resolution shall be made by the Sponsor in its sole discretion.  These Official Rules shall be governed by, and construed in accordance with the laws of the state of Ohio without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the state of Ohio. Any legal proceedings arising out of this Contest or relating to these Official Rules shall be instituted only in the federal or state courts located in the state of Ohio, and the parties consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these Official Rules.

  11. No Waiver: The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. 

  12. Privacy Policy: Entrants’ personal details may be used by Sponsor in accordance with their privacy policy located at www.Kay.com.

  13. Winners List: For the names of the winners, send a self-addressed, stamped envelope, by January 31, 2017, to: Kay 100 Years of Kisses Contest Winners, Dept. AM, 100 Marcus Drive, Melville, NY 11747.

  14. Sponsor/Administrator: The Sponsor is Sterling Jewelers Inc., 375 Ghent Road, Akron, OH 44333. The Administrator is Don Jagoda Associates, Inc., 100 Marcus Drive, Melville, NY 11747. 

This Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram. Any questions or complaints regarding this Contest shall be directed to Sterling Jewelers Inc., not Facebook or Instagram. You understand that you are providing your information to Sterling Jewelers Inc. and not to Facebook or Instagram.

Consumer Disclosure:
You have not yet won this prize.  There is no purchase necessary to win.  Each of the one hundred (100) Grand Prizes has a value of $100.   This Contest is sponsored by Sterling Jewelers Inc., 375 Ghent Road, Akron, OH 44333.  Restrictions apply. Entry is limited to one (1) per person per day during Contest Period, regardless of method of entry.  Entry is limited to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry.  Void where prohibited by law. Employees of Sterling Jewelers Inc., Don Jagoda Associates, Inc., and each of their respective parent companies, affiliates, subsidiaries, retailers, advertising and promotion agencies and judging organizations as well as their immediate family members (spouses, parents, children and siblings) and/or persons living under the same household are not eligible to enter.  The entry deadline is October 23, 2016 at 11:59 p.m. ET.