Rules

“MICHAEL ARAM FALL SHOPPING SPREE” SWEEPSTAKES

OFFICIAL RULES

NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING. THIS SWEEPSTAKES IS INTENDED FOR THE PARTICIPANTS RESIDING IN THE UNITED STATES AND THE DISTRICT OF COLUMBIA. DO NOT ENTER IF YOU DO NOT RESIDE IN THE UNITED STATES OR THE DISTRICT OF COLUMBIA AT THE TIME OF ENTRY. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. SUBJECT TO ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS.

DECLARATION OF ELIGIBILITY, RELEASE OF LIABILITY, AND TAX DOCUMENTS ARE REQUIRED TO ACCEPT THE PRIZE IF REQUESTED BY SPONSOR.

PLEASE READ THESE OFFICIAL RULES CAREFULLY BEFORE ENTERING. BY ENTERING (OR OTHERWISE PARTICIPATING) IN THE SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES, WHICH CREATE A CONTRACT. WITHOUT LIMITATION, SUCH CONTRACT INCLUDES GRANTS OF RIGHTS AND INDEMNITIES TO SPONSOR FROM YOU, A CLASS ACTION WAIVER, AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.

General. The “Michael Aram Fall Shopping Spree” Sweepstakes (the “Sweepstakes”) is sponsored by Michael Aram, Inc., with its address at 901 N. Olive Avenue, West Palm Beach, Florida 33401 (“Sponsor”). The Sweepstakes is subject to these official terms and conditions (“Official Rules”) and to all applicable federal, state and local laws. The odds of winning depend on the number of eligible entries received from eligible participants (the “Entrant” or “You”). Entrants who enter into the Sweepstakes agree to be bound by the Official Rules. 

Agreement to Official Rules. All participation in this Sweepstakes shall be governed by these Official Rules. By participating in the Sweepstakes, you fully and unconditionally agree to be bound to and accept these Official Rules and any additional terms and conditions specific to the Sweepstakes communicated by Sponsor or any of the Sweepstakes Entities (defined below). By participating, you agree to be bound to the decisions of the Sponsor (and its authorized representatives), which are final and binding in all matters.

Eligibility. This Sweepstakes is only open to individuals who: (i) have reached the age of majority in their state of residence at the time of Sweepstakes (participants must be 19 years or older in Alabama and Nebraska and 21 years or older in Mississippi); (ii) are legal residents of the United States or the District of Columbia (excluding Puerto Rico, Guam, the Virgin Islands and other United States territories); (iii) are physically residing in the United States; and (iv) possess a valid Social Security, personal tax I.D. number or Social Insurance Number issued by the appropriate government agency. Verification of individual Entrant’s eligibility may be required at the time you submit your entry or if selected as a Potential Winner. This Sweepstakes is only open to natural persons and the following are ineligible: corporations, businesses, non-profit organizations, governmental agencies or other entities. Employees of Sponsor and any of its affiliates, parent, subsidiaries, the Prize providers, contractors, advertising and sweepstakes agencies and all other service agencies involved with the Sweepstakes (collectively, the “Sweepstakes Entities”), together with the immediate families (spouses, parents, children, siblings, and their respective spouses) and those persons living in the same household (whether or not related) as such employees are not eligible to enter.

Entry Period. The Sweepstakes begins on October 16, 2023 at 12:00 a.m. Eastern Standard Time and ends on October 29, 2023, at 11:59 p.m. Eastern Standard Time (the “Entry Period”).  All Entries (defined below) must be received prior to the expiration of the Entry Period – e.g., on or before Oct 26, 2023 at 11:59 PM.  Sponsor’s computer shall be the official timekeeper for all matters related to this Sweepstakes.

How to Enter. No purchase or payment is necessary to enter or to win.  A purchase does not increase your chances of winning. During the Entry Period, individuals may enter the Sweepstakes for free by submitting an entry using the online form provided at the Sweepstakes website www.michaelaram.com/sweepstakes (each, an “Online Entry”).  In addition to an Online Entry, individuals may also submit additional entries into the Sweepstakes by following the additional entry methods provided at the Sweepstakes website (each an “Additional Entry”, and collectively with Online Entry, “Entry”).  Entrants may opt-out of any marketing communications with Sponsor without affecting their Entry.  Please see Section 12 (Privacy) below for additional information. Sponsor is not responsible for lost, late, illegible, corrupted, or misdirected Entries. No other forms of Entry into the Sweepstakes will be permitted. Unless otherwise provided by Sponsor, all Entries become the property of Sponsor and will not be returned to Entrants.   

Normal internet access or device usage charges imposed by mobile carriers may apply to Entries submitted via mobile device. Messaging and data rates apply to internet access via mobile devices. Other charges may apply; check with the applicable mobile carrier for rates and details. Consent may not be a condition of purchase or imposition of messaging, data rates and other charges imposed by mobile carriers.

Limit one (1) Entry per available Entry method on the Sweepstakes website.  Submitting additional or multiple Entries will not be accepted and may result in disqualification from the Sweepstakes.

Random Drawing and Odds. A grand prize winner will be selected in a random drawing under the supervision of the Sponsor (“Potential Winner”) no later than November 1, 2023 (“Winner Selection Date”), from all eligible Entries received during the Entry Period. The odds of winning depend on the number of eligible Entries received during the Entry Period.

Prize. The grand prize winner will receive a $2,000 Online Shopping Spree at Michael Aram (“Prize”). The Prize has an approximate retail value of Two Thousand U.S. Dollars ($2,000), exclusive of any applicable taxes. Any and all taxes applicable to receipt of the Prize or use of the Prize to make purchases are the sole responsibility of the winners. The Prize is non-transferable and no substitution or cash equivalent is allowed except in Sponsor’s sole discretion. Sponsor reserves the right to substitute the Prize for another prize with the same approximate retail value. In addition to taxes, any and all Prize related expenses, including without limitation any additional expenses related to purchases made with the Prize, shall be the sole responsibility of the winner Additional terms and conditions may apply to use of the Prize. 

Claiming the Prize. Potential Winner will be notified of their selection in an initial notification email to the email address used to submit their Entry. Potential Winner must follow the Prize claim instructions provided as part of the initial notification and any subsequent claim instructions, otherwise the Prize will be forfeited in its entirety. Winning is subject to verification of eligibility, including verification of age, and compliance with all terms and conditions of these Official Rules. Failure to respond to the initial notification within five (5) days will result in disqualification. To claim the Prize, Potential Winner will be required to sign and return within five (5) days, where legal, the Eligibility Declaration, General Liability and Publicity Release, and Tax Liability Waiver (collectively the “Winner’s Documents”), which will be provided to Potential Winner in due time. If Potential Winner cannot be contacted in the first two (2) attempts, fails to sign and return the Winner’s Documents within the required time period (if requested), or if any prize notification is returned as undeliverable, or if Potential Winner rejects its Prize, or in the event of noncompliance with these Official Rules and requirements, such Prize will be forfeited, and an alternate Potential Winner may be selected from all remaining eligible Entries, if time permits. Upon any Prize forfeiture, Sponsor will give no compensation. 

Upon Potential Winner’s completion of the Winner’s Documents, Sponsor will endeavor to deliver, as applicable, all material elements of the Prize within thirty (30) days of the Potential Winner’s completion of the Winner’s Documents. Sponsor will deliver, or cause to be delivered, the Prize to winner’s address or email address, as applicable, on file with the Sponsor as reflected by the Entry.

Sweepstakes Entities are not responsible for any undelivered emails, messages or any other communications, including but not limited to those that are not received because of winner’s privacy or spam filter settings that may divert any email, message or other Sweepstakes related email to a spam or junk folder.

Entrants agree to permit any of the Sweepstakes Entities to contact them concerning the Sweepstakes. Winner agrees to permit Sponsor to publicize, unless not permitted by applicable law, winner’s names. 

Taxes. Winner is solely responsible for any and all federal, state, municipal and local taxes, fees and other government assessments associated with receipt and use of a prize or participation in this Sweepstakes. Federal and state withholding laws are subject to change without notice. The withholding laws in effect at the time the prize is claimed will be followed, and the winner may be issued a Form 1099-MISC (if required) showing prize ARV as income to winner, which the winner will be required to sign at a time and in a manner determined by Sponsor in its sole discretion.

General 

Sponsor reserves the right in its sole discretion to disqualify any individual who: (i) tampers or attempts to tamper with the operation of the Sweepstakes, including the Entry process or the Sponsor’s website; (ii) violates the Official Rules; or (iii) acts in an unsportsmanlike or 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 SWEEPSTAKES 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.

Sweepstakes Entities are not responsible for any incorrect or inaccurate information, whether caused by website users, human error, tampering, hacking or by any of the equipment or programming associated with or utilized in the Sweepstakes and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission (including availability or accessibility of the Internet), incompatibility, communications failure, theft, loss or destruction of Entries, nor for the failure to capture Entry or other information. Sweepstakes Entities are not responsible for injury or damage to Entrants’ or to any other person’s computer or mobile device related to or resulting from downloading materials from or use of any website. If, for any reason, the Sweepstakes or any element thereof is not capable of running as planned by reason of, but not limited to, tampering, unauthorized intervention, fraud, force majeure, technical or other failures or errors, or any other causes similar or dissimilar which Sponsor deems, in its sole opinion, could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes or any element thereof, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes or element thereof and select the winner from non-suspect, eligible entries received prior to the action or as otherwise may be deemed fair and equitable by Sponsor. In the event of any discrepancy, ambiguity, inconsistency, printing or any other error or miscommunication in any communications, announcements, advertising or promotional materials relating to this Sweepstakes, these Official Rules shall govern.

The Prize is awarded “as is” without any express or implied warranty or guarantee from Sponsor, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Only the Prize as described herein is available to be awarded; in no event will the Sweepstakes Entities be responsible for awarding more or different prizes than stated herein. The Prize cannot be assigned, transferred, or substituted, except by Sponsor who may, at its sole discretion, substitute the Prize or any part thereof with a prize of equal or greater value. If applicable, the Prize is not redeemable for cash; any difference between the actual value and ARV of the Prize will not be awarded as cash, or otherwise unless otherwise stated.

Social Media Disclosure. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Facebook, Instagram, Twitter, YouTube, Google or any other social media or similar platform where this Sweepstakes may be promoted, advertised or otherwise used to disseminate information relating to the Sweepstakes. You understand that all information is being provided to Sponsor and not to Facebook, Instagram, Twitter, YouTube, Google or any other social media where this Sweepstakes may be promoted, advertised or otherwise used to disseminate information relating to the Sweepstakes. Sponsor is not responsible for practices, terms or actions taken by any of these or other social media and web services sites. You understand that you are required to comply with terms and conditions of those social media platforms.

Additional Disclosure. This Sweepstakes is not run with, by, or in conjunction with any company, business or vendor associated with any portion of the Prize, including any purchases made with the Prize.

Publicity Release. By participating in the Sweepstakes, you grant (and agree to confirm that grant in writing, if necessary) Sponsor or Sponsor’s authorized representatives, or its respective licensees, successors and assigns, the right to use, without any further notice, review or consent, your Entry, name, biographical information, likeness, image, voice, and statements for promotion, trade, commercial, news, and publicity purposes, at any time or times, in all media now known or hereafter discovered, including television, internet and social media, in perpetuity and throughout the World and worldwide, without notice, review or approval and without additional notice, compensation or consent except where prohibited by law. Submission of content to be posted online constitutes permission for same.

Privacy. Information submitted in connection with the Sweepstakes will be treated in accordance with these Official Rules and the Sponsor’s Website Policy Policy and other terms and conditions, which may be amended from time to time and are currently located at https://michaelaram.com/pages/website-policy. By submitting an Entry, you agree to be contacted by Sponsor with Sweepstakes related communications and promotional communications as provided in Sponsor’s Website Policy. The information you provide will be used as stated herein and the aforementioned policy, and for purposes of this Sweepstakes.  Special Notice: By entering the Sweepstakes, you agree to receive promotional communications, including emails, newsletters and other similar communications in addition to SMS text messages from Sponsor.  You may opt-out of promotional communications at any time.

 Release By entering, Entrant agrees to accept and abide by these Official Rules and agrees that any dispute with regard to the conduct of this Sweepstakes, rule interpretation, or award of the Prize shall be submitted to Sponsor, whose decision shall be binding and final. By participating, Entrant agrees to release and hold harmless Sponsor, the Prize provider, distributors, and promotional and other vendor agencies, their respective parent companies, affiliates, subsidiaries, service agencies, independent contractors, and the officers, directors, employees, agents, and representatives of any of the above organizations from any injury, loss, or damage to person, including death, or property due in-whole or in-part, directly or indirectly, to the acceptance or use/misuse of the Prize, participation in any Sweepstakes-related activity, or participation in the Sweepstakes. Entrant further acknowledges that they may be waiving rights with respect to claims that are at this time unknown or unsuspected, and, to the extent relevant to them, in accordance with such waiver, Entrant acknowledges that they have read and understand, and hereby expressly waive, the benefits of Section 1542 of the civil code of California, and any similar law of any state or territory, which provides as follows: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

Sponsor is not responsible for any typographical or other error in the printing of this offer, administration of the Sweepstakes, or in the announcement of the Prize, including erroneous appearance of qualification for the Prize, and under no circumstances will more than the stated number of Prizes be awarded. Sponsor reserves the right, in its sole and absolute discretion, to modify, cancel, or suspend this Sweepstakes, or to amend the Official Rules at any time, without prior individual notice, should any factor interfere with the administration, security, or proper play of this Sweepstakes as contemplated by these Official Rules. If Sponsor in its discretion elects to so abbreviate the Sweepstakes, Sponsor reserves the right, but not the obligation, to award the prize from among all eligible entries received to date. All Entries are the property of Sponsor and are not returnable.

This Sweepstakes is intended for viewing in the United States only and shall be construed and evaluated only according to United States law. Do not enter this Sweepstakes if you are not located in the United States and, more specifically, comply with eligibility requirements in Section 3. The use of any automated devices in connection with this Sweepstakes is prohibited. Sponsor assumes no responsibility for computer system, hardware, software, or program malfunctions or other errors, failures, delayed computer transactions, or network connections, whether human, technical, or otherwise in nature. Sponsor reserves the right, in its sole discretion, to cancel or suspend this Sweepstakes should virus, bugs, or other causes beyond its control corrupt the administration, security, or proper play of this Sweepstakes. Sponsor is not responsible for any injury or damage to any person’s computer or related equipment resulting from or relating to participation in this Sweepstakes or downloading/uploading any material related to this Sweepstakes. Entries will be deemed made by the authorized account holder of the email address submitted at the time of Entry. In the event of a dispute, the Potential Winner may be required to provide proof that he or she is the authorized holder of the identified email account.

Force Majeure. Sweepstakes Entities shall not be liable to Entrants, the winner or any other person or entity for failure to execute the Sweepstakes, supply the Prize or any part thereof or the integrity and/or feasibility of the Sweepstakes is severely undermined by reason of any act of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulation, order or request proves to be invalid), equipment failure, terrorist act, cyber-attack, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, epidemics, pandemics, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, cancellation or delay of any event, or any similar or dissimilar event beyond their reasonable control. In connection with the foregoing, Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel, or terminate the Sweepstakes without further obligation.

Disputes/Limitation of Liability/Choice of Law. EXCEPT WHERE PROHIBITED, EACH ENTRANT AGREES THAT: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SWEEPSTAKES OR ANY PRIZE AWARDED SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BY STATE OR FEDERAL COURTS SITUATED IN FLORIDA, (2) FLORIDA LAW, WITHOUT REFERENCE TO CHOICE OF LAW RULES, GOVERNS THE SWEEPSTAKES AND ALL ASPECTS RELATED THERETO, (3) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, BUT IN NO EVENT ATTORNEYS’ FEES, (4) NO PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, OR ATTORNEY FEES AND COSTS OF ANY KIND, MAY BE AWARDED (COLLECTIVELY, “SPECIAL DAMAGES”), AND (5) ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM SPECIAL DAMAGES AND ALL RIGHTS TO SUCH DAMAGES MULTIPLIED OR INCREASED.

Severability. The invalidity, illegality, or unenforceability of any provision of these Official Rules shall in no way affect the validity, legality, or enforceability of any other provision hereof. Any invalid, illegal, or unenforceable provision shall be deemed severed from these Official Rules and the balance of these Official Rules shall be construed and enforced as if these Official Rules did not contain such invalid, illegal, or unenforceable provision.

Winner’s List. To obtain name of the winner, send an email to marketing@michaelaram.com within thirty (30) days of the end of the Entry Period. The email should contain the following phrase in the “subject” field: “Michael Aram Fall Shopping Spree” Sweepstakes.

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