James Allen Diamond iPhone Case Giveaway

Terms and Conditions

GENERAL RULES: This James Allen Diamond iPhone Case Giveaway Sweepstakes ("Giveaway") is brought to you by JamesAllen.com, LLC, a limited liability company having an address at 6 E. 45th Street, New York, NY 10017 ("Sponsor"), and is governed by the terms and conditions contained herein.

THIS GIVEAWAY IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW. PLEASE NOTE THAT NO PURCHASE IS NECESSARY TO ENTER OR WIN THIS GIVEAWAY AND THAT A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR ODDS OF WINNING.

ELIGIBILITY: To be eligible to enter this Giveaway, you must be a legal resident of one of the fifty states of the United States or of the District of Columbia and must be at least 18 years old at the time of entry. Additional restrictions may apply. Any employees, principals, directors, officers, suppliers, distributors, independent contractors, or agents of Sponsor or of Sponsor's parent companies, affiliates, subsidiaries, and members of their immediate families or households of are not eligible to enter this Giveaway.

AGREEMENT TO THESE TERMS AND CONDITIONS: By participating in this Giveaway you fully and unconditionally agree to and accept these Terms and Conditions and acknowledge and agree that all decisions made by the Sponsor are final and binding in all matters related to this Giveaway.

GIVEAWAY PERIOD: This Giveaway will start on or around at 12:00:01 a.m. Eastern Standard Time on Monday, November 1^st, 2011 and will end on or around 11:59:59 a.m. Eastern Standard Time on Tuesday, February 14th, 2012 ("Giveaway Period"). All entries must be received prior to 11:59:59 a.m. Eastern Standard Time on Monday, February 13^th, 2012.

HOW TO ENTER: Internet access is required in order to enter this Giveaway. To enter this Giveaway, you must download or update the James Allen Diamond App from iTunes during the Giveaway Period and follow the online links and instructions to register by completing and submitting the entry form in order to enter the Giveaway. All entries must be received prior to 11:59:59 a.m. Eastern Standard Time on Monday, February 13^th, 2012. Please note that any late, damaged, illegible, incomplete, or incorrect entries will not be eligible for inclusion in the random drawing. Participation in this Giveaway is limited to one entry per person and entrants are not permitted to use more than one email address to enter this Giveaway. You can only use an email address subscribed and registered in your own name to enter the Giveaway. Please note that the email address used to enter the Giveaway must be valid at least from 12:00:01 a.m. Eastern Time on Monday, November 1st, 2011 through Wednesday, February 15^th, 2012. In the event of multiple entries by different persons using the same email address, the person to whom the Internet access provider or online service provider assigned such email address will be deemed the person submitting the entry. The use of any automated system of any kind, including but not limited to automated systems generating entries by script, macro, robot or any other automated means, to enter the Giveaway is prohibited. All entries submitted by an automated system will be deemed void and such entries will not be included in the random drawing. All entries become Sponsor's property and will not be returned.

PRIZE DETAILS: One (1) winner will be selected and will receive one (1) unlocked iPhone 4S and one (1) diamond-encrusted iPhone 4S case ("Prize"). The approximate retail value of the Prize is US $20,000. Please note that the actual or approximate value of the Prize may be different at the time the winner receives the Prize. The Prize is non-transferable and no cash alternative or other prize substitution is permitted except at the sole discretion of the Sponsor. The Sponsor, in its sole discretion, reserves the right to substitute the Prize or any component thereof for one of equal or greater value. The winner shall have sole responsibility for paying all taxes, fees and surcharges in connection with the receipt or use of the Prize.

ODDS OF WINNING: Please note that the odds of winning the Prize will depend on the number of eligible entries received.

DRAWING AND AWARDING OF PRIZE: The winner of this Giveaway will be selected in a random drawing from among all eligible entries received during the Giveaway Period prior to 11:59:59 a.m. Eastern Standard Time on Monday, February 13^th, 2012. Such random drawing will take place on or about on Monday, February 13^th, 2012. Within ten (10) days of the random drawing, the Sponsor will notify the selected winner by email sent to the email address provided by the selected winner upon entry in this Giveaway. Please note that the Sponsor shall not be liable for any delays or unsuccessful efforts in notifying the selected winner. In the event that the selected winner is 18 years of age or older, but has not yet attained the age of majority in his/her jurisdiction of residence, the Sponsor will award the Prize to the selected winner's parent or legal guardian, unless doing so is otherwise prohibited by law.

In order to claim the Prize, the selected winner must comply with the terms and conditions contained herein, comply with all applicable laws or regulations, and must contact the Sponsor at the address stated below and complete, sign and return to the Sponsor an Affidavit of Eligibility and Release of Publicity and Liability and fulfill any such other requirements as determined the Sponsor within fifteen (15) days of the notification or attempted notification by Sponsor. In the event that the selected winner does not claim the Prize or provide an Affidavit of Eligibility and Release of Publicity and Liability to the Sponsor within fifteen (15) days of the notification or attempted notification by Sponsor, the selected winner will be deemed to have forfeited the Prize and the Sponsor may, at its sole discretion, conduct an additional random drawing among all remaining eligible entries to select an alternative winner.

Please note that the selected winner's failure to comply with all of the applicable laws and regulations and/or the selected winner's violation of any of the terms and conditions contained herein will result in such selected winner being deemed un-eligible to receive the Prize and such winner will be disqualified from the Giveaway.

PUBLICITY: Except where prohibited by law, by using or accepting the Prize, the winner consents to Sponsor's and its agents' use of the winner's name, likeness, and any comments, statements, testimonials or other feedback, whether written or oral, made by or attributed to him/her which relate to the Sponsor or this Giveaway for advertising and publicity purposes, in any media, worldwide, and without additional payment or compensation.

RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Giveaway, you agree to release and forever discharge the Sponsor, its directors, officers, employees, agents, promotional partners, representatives, suppliers, distributors, independent contractors, parent companies, affiliates, subsidiaries, and attorneys, their respective heirs, directors, employees, agents, executors, administrators, successors, and assigns (the "Released Parties") from all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extents, executions, claims and demands whatsoever, in law or in equity, which against the Released Parties, you may have in connection with the Giveaway and/or with the acceptance, use or misuse of the Prize.

Sponsor shall not be responsible for (i) any technical errors related to computers, servers, providers, or telephone or network lines; (ii) any typographical or printing errors; (iii) any errors or technical failures in the administration of the Giveaway or the processing of entries; (iv) any late, lost, or undeliverable mail or email; or (v) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Giveaway or receipt of the Prize. Entrant waives the right to claim any damages, including, but not limited to, punitive, consequential, direct, or indirect damages (other than for actual out-of-pocket expenses) and any and all rights to have damages multiplied or otherwise increased. Entrant further agrees that in no event shall the Released Parties be liable for attorney's fees.

MISCELLANEOUS ADDITIONAL TERMS AND CONDITIONS: The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Giveaway or to be acting in violation of these Terms and Conditions. In the event that an entrant attempts to undermine the legitimate operation of any part of the Giveaway, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by applicable law. The Sponsor's failure to enforce any of the provisions contained herein shall not constitute a waiver of that provision.

Sponsor reserves the right to modify, suspend, or cancel this Giveaway or any part of it at any time if the Sponsor, in its sole discretion, determines that any fraud, technical failures or any other factors, including but not limited to computer viruses, tampering, fraud, unauthorized intervention or any other cause which impairs the integrity or proper functioning of the Giveaway. At its sole discretion, Sponsor reserves the right to disqualify any person it deems to be attempting to defraud or tamper with the Giveaway in any way.

DISPUTES AND APPLICABLE LAW: By entering the Giveaway, you agree that the laws of the State of New York, without regard to principles of conflicts of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and the Sponsor. Any dispute relating in any way to this Giveaway, these Terms and Conditions or the Prize shall be solely adjudicated in Supreme Court of the State of New York or in the U.S. Federal District Court located in New York County, New York, and you consent and submit to exclusive jurisdiction and venue in such courts.

CHANGES AND SEVERABILITY: Sponsor reserves the right to make changes to these Terms and Conditions any time. If any of the terms or conditions contained herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.

OFFICIAL RULES AND WINNER'S NAME: To obtain a copy of the name of the Giveaway winner or of these Terms and Conditions, please mail your request along with a stamped, self-addressed envelope to: James Allen Diamond iPhone Case Giveaway - Request for Official Rules/Winner's Name, 6 E. 45th Street, New York, NY 10017. All requests must be received no later than Monday, February 20^th, 2012.

PRIVACY: All information collected from entrants in this Giveaway will only be used in accordance with the applicable data protection regulations and with the Sponsor's Privacy Policy.

CONTACT: marketing@jamesallen.com