NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.
PURCHASE WILL NOT INCREASE CHANCES OF WINNING. THE ACTUAL ODDS OF
WINNING DEPEND ON THE NUMBER OF ENTRIES.
1.ELIGIBILITY. David Yurman’s 2020 Holiday Wish List Weekend
Sweepstakes (the “Sweepstakes”) is open to persons at least eighteen
(18) years of age or older (or of majority age under applicable law)
at the time of entry, who are legal residents of the United States
(excluding Rhode Island) and Canada (excluding Quebec). Employees of
Sponsor, its subsidiaries and affiliates, and their immediate family
members and/or those living in the same household of each are not
eligible. “Immediate family member” means husband, wife, children,
mother, father, sister, sister-in-law, brother or brother-in-law. The
Sweepstakes is subject to all applicable federal, state, provincial,
regional, and local laws and regulations. It is void where prohibited,
taxed or restricted by law.
2.SPONSOR. The Sweepstakes is sponsored by David Yurman
Enterprises LLC, 24 Vestry Street, New York, NY 10013. (888)-DYurman
or (888) 398-7626. The Sweepstakes is in no way sponsored, endorsed or
administered by, or associated with Instagram and Facebook.
3.AGREEMENT TO OFFICIAL RULES. By participating in the
Sweepstakes, Entrant warrants that he/she fully and unconditionally
agrees to and accepts these Official Rules and the decisions of the
Sponsor, which are final and binding. Winning a prize in contingent
upon fulfilling all requirements set forth herein. Any violation of
the Official Rules may, at Sponsor’s discretion, result in disqualification.
4.ENTRY PERIOD. The Sweepstakes begins on November 23, 2020 and
ends December 20, 2020 (the “Entry Period”). Weekly drawings will take
place on each of the following dates: November 30, December 7,
December 14, and December 21 (the “Random Drawing Dates”).
5.HOW TO ENTER
a. Visit DavidYurman.com and create your wish list.
i. New users: create a password protected account.
ii. Existing users: log into your account.
b. Add eligible items to your wish list by selecting the heart
icon
next to any David Yurman product.
i. Eligible items must have a retail value of USD $5,000
or less (for the November 30 drawing date), and USD
$1,500 or less (for all other Random Drawing Dates)
ii. Excluded from eligibility: Wedding, EY Signature,
DY
Signature, HJ, Artist Series.
c. To qualify as an Entrant, you must have at least 1 eligible item
on your wish list. This includes eligible items added to a wish list
prior to the Entry Period.
d. By completing the steps above, Entrant warrants and represents
that he/she is at least eighteen (18) years old and satisfies the
requirements for Eligibility as set forth in these Rules.
e. Participation in the Sweepstakes by completing the steps above
during Entry Period constitutes consent by Entrant to receive
communications from David Yurman, including but not limited to, store
openings and new collection launches.
6.PRIZE AND APPROXIMATE RETAIL VALUE. There will be one (1)
winner randomly selected on November 30, and the winner will receive
one or more eligible David Yurman products as chosen by Sponsor from
the selected winner’s wish list, which product(s) will have an
aggregate approximate retail value of USD $5,000 or less. There will
be two (2) winners randomly selected on each of December 7 and
December 14, and each such winner will receive one eligible David
Yurman product as chosen by Sponsor from the selected winner’s wish
list, with each such product having an approximate retail value of USD
$1,500 or less. There will be five (5) winners randomly selected on
December 21, and each such winner will receive one eligible David
Yurman product as chosen by Sponsor from the selected winner’s wish
list, with each such product having an approximate retail value of USD
$1,500 or less. A total of at least ten (10) prizes will be awarded
with an aggregate approximate retail value of USD $18,500 or less. No
substitution or cash redemption is allowed. Prize is non-transferable.
For Canada only, skill-testing question is required in order to be
eligible to redeem prize. Once issued to the winner, no Prize will be
replaced if lost or stolen. In the event of unavailability of the
Prize, Sponsor reserves the right to substitute a prize of equal or
greater value. Winners are responsible for any and all applicable fees
and taxes associated with the Prize.
7.RANDOM DRAWING. On each Random Drawing Date, Sponsor will
select the winner(s) for the preceding week in a random drawing from
all qualifying Entrants with eligible wish list items (the
“Drawing”). Sponsor’s decisions as to the selection of the potential
winner are final. The actual odds of winning depend on the number of entries.
8.NOTIFICATION. Sponsor will notify potential winners within
three (3) days of each Random Drawing Date. Notice will be given by
email, using information Entrant provided as part of setting up an
online David Yurman account. If requested by Sponsor, winners must
execute and submit an Affidavit of Eligibility, a Liability Waiver,
applicable tax form, and, where allowable, a Publicity Release
(collectively the “Releases”). Sponsor will ship the Prize to each
potential winner at no cost to the potential winner within ten (10)
days of receipt and verification of the respective potential winner’s Releases.
If the potential winner cannot be contacted within three (3) days
after the first notification attempt, if the Prize or Prize
notification is returned as undeliverable, or if the potential winner
rejects the prize or fails to comply with these Official Rules
(including, without limitation, refusing to execute and submit the
Releases), the Prize will be forfeited and the Entrant will not
receive a prize, regardless of the cause of the failure, and an
alternative winner will be selected from the remaining eligible
entries. Upon prize forfeiture, no compensation will be given.
9.PUBLICITY. Except where prohibited, participation in the
Sweepstakes constitutes potential winner’s consent and permission to
use the name, likeness, biographical data, contact information, and/or
any statements made by each winner regarding the Sweepstakes or
Sponsor for editorial, advertising, marketing, publicity, promotion,
and administrative purposes by the Sponsor and/or others authorized by
the Sponsor in all media now or hereafter known (including through
social media) throughout the world, in perpetuity, without additional
compensation, notification, or permission. If requested by Sponsor,
the potential winner must execute and submit a Publicity Release.
Potential winner’s failure to submit a Publicity Release if requested
by Sponsor will result forfeiture of the Prize, regardless of the
cause of the failure, and an alternative winner will be selected from
the remaining eligible entries.
10.PRIVACY. Personal information collected from Entrants is
subject to the Sponsor’s privacy policy which can be found at www.davidyurman.com/assistance/online-privacy-notice.html.
By participating in the Sweepstakes, Entrants hereby agree to
Sponsor’s collection and usage of their personal information and
acknowledge that they have read and accepted Sponsor’s privacy policy.
For Canada: Sponsor is the data controller. You have the right to
access, modify, rectify and withdraw your personal data by email to
customercare@davidyurman.com. If you choose to withdraw your data or
oppose the collection or processing, you will be deemed to cancel your
participation in the Sweepstakes.
11.GENERAL CONDITIONS. Sponsor reserves the right in its sole
discretion to cancel, suspend, and/or modify the Sweepstakes if any
fraud, computer virus, or other technical problem may corrupt the
administration, security, or proper play of the Sweepstakes, as
determined by Sponsor in its sole discretion. In such event, Sponsor
reserves the right to award the Prize at random from among the
eligible entries received up to the time of the impairment. Sponsor
also reserves the right, in its sole discretion, to disqualify any
individual it believes to have tampered with the entry process or the
operation of the Sweepstakes or to be acting in violation of these
Official Rules or in a disruptive manner. Any attempt by any person to
undermine the legitimate operation of the Sweepstakes may be a
violation of criminal and civil law; should such an attempt be made,
Sponsor reserves the right to seek damages from such person to the
fullest extent.permitted by law. Sponsor’s failure to enforce any term
of these Official Rules shall not constitute a waiver of that provision.
12.RELEASE AND LIMITATIONS OF LIABILITY. Except where
prohibited, by participating in the Sweepstakes, Entrants agree to
release and hold harmless Sponsor and its parent and affiliated
companies and their respective directors, officers, employees, and
agents, as well as Instagram and Facebook (the “Release Parties”) from
and against any claim or cause of action arising out of the
participation in the Sweepstakes or receipt or use of any Prize,
including, but not limited to: (a) unauthorized human intervention in
the Sweepstakes; (b) technical errors related to computers, servers,
providers, telecommunication services, or telephone or network lines;
(c) printing errors; (d) errors in administration of the Sweepstakes
or the processing of entries; (e) late, lost, or undeliverable mail;
or (f) injury or damage to persons or property that which may be
caused, directly or indirectly, in whole or in part, from Entrant’s
participation in the Sweepstakes or receipt of any Prize. Release
Parties make no warranties, representations, or guarantees, express or
implied, in fact or in law, with respect to this Sweepstakes, or
merchantability, quality, or fitness for a particular purpose
regarding the Prize or any component or aspect of Prize. Entrant
further agrees that in any cause of action, the Release Parties’
liabilities will be limited to Entrant’s cost, if any, of entering and
participating in the Sweepstakes, and in no event shall the Release
Parties be liable for attorneys’ fees. Entrant waives the right to
claim any damages whatsoever, including, but not limited to, punitive,
consequential, direct, or indirect damages. Entrant hereby waives
their right to jury trial with respect to all claims and issues
arising out of or relating to these Official Rules, whether sounding
in contract or tort, and including any claim of fraudulent inducement thereof.
13. DISPUTES. Except where prohibited, by participating in the
Sweepstakes Entrant agrees that any and all disputes, claims and
causes of action arising out of or connected with the Sweepstakes or
any prize awarded shall be resolved individually, without resort to
any form of class action, and exclusively by the appropriate court
located in New York County, New York. All issues and questions
concerning the construction, validity, and interpretation, and
enforceability of these Official Rules, Entrant’s rights and
obligations, or the rights and obligations of the Sponsor in
connection with the Sweepstakes shall be governed by, and construed in
accordance with, the laws of the state of New York, without regard to
any choice of law or conflict of laws rules (whether of New York or
any other jurisdiction), which would cause the application of the laws
of any other jurisdiction. Should any term or provision of these
Official Rules be deemed void, unenforceable or contrary to law by a
court of competent jurisdiction, such term shall, but only to the
extent necessary to bring such provision within the requirements of
the law, be deemed to be severed from the other provision of these
Official Rules, and the remainder of these Official Rules shall remain
in full force and effect as if it had not been included in the severed
provision herein.
14. SWEEPSTAKES RULES AND RESULTS. Sweepstakes results and/or a
copy of these Official Rules may be obtained by emailing customercare@davidyurman.com with
subject: 2020 Wishlist Sweepstakes or by calling (888) 398-7626 or
888-DYURMAN. Requests must be received by December 31, 2020.
