THESE OFFICIAL RULES CONTAIN AN ARBITRATION AGREEMENT, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST JUST IN GEMS INC. DBA SORBET SAPPHIRE TO BINDING AND FINAL ARBITRATION. UNDER THE ARBITRATION AGREEMENT, (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST JUST IN GEMS INC. DBA SORBET SAPPHIRE ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT IMPROVE YOUR CHANCES OF WINNING.
ELIGIBILITY: The Sorbet Sapphire Holiday Giveaway (the “Promotion”) is open only to legal residents of the 50 United States (excluding New York, Rhode Island, Florida) and Canada (excluding Quebec) who are eighteen (18) years or older at the time of entry. The Promotion is subject to all applicable federal, state, provincial and local laws and regulations, and is void where prohibited. Employees and members of Charmed Aroma Inc. and its affiliated companies, subsidiaries, advertising agencies, promotional and marketing agencies and anyone else involved in the production or handling of the Promotion (and their immediate family members and those living in the same households) are ineligible.
SPONSOR: Charmed Aroma Inc., #201-51 Bulwer St, Toronto, ON, M5T 1A1 is the Sponsor of the Promotion.
PROMOTION PERIOD: The Promotion begins January 1, 2018, and ends December 31, 2018, or when all prizes allotted to this Promotion have been distributed or if all prizes for this Promotion have been claimed, whichever occurs first. If all prizes allotted to this Promotion have been distributed or if all prizes for this Promotion have been claimed prior to December 31, 2018, Sponsor will publish a notice on the www.facebook.com/charmedaroma website indicating that this Promotion has ended. Similar promotions may be offered at different times or at the same time. Entry into each promotion is separate. Entry into one promotion is not entry into any other. The time period to enter the Promotion online begins January 1, 2018, and ends December 31, 2018.
HOW TO OBTAIN A CODE:
Charmed Aroma Products. Purchase any Charmed Aroma product from www.charmedaroma.com and find the code displayed on the tag included with the ring or other jewelry item contained within the product.
Via Mail. To request a code entry without purchasing a Charmed Aroma product by mailing a handwritten, self-addressed, stamped envelope (“SASE”) bearing sufficient return postage and bearing on its exterior the participant’s return mailing address which includes the first and last name, date of birth, email address, day time phone number, age, street address, city, state/province and ZIP/Postal code to: Charmed Aroma Inc., Attention: Charmed Aroma Mail In Entry To Enter The Charmed Aroma Contest, 51 Bulwer St, Unit 201, Toronto, Ontario, Canada. On a separate 3” x 5” paper, handwrite the statement “I have read and agree to the Charmed Aroma Sweepstakes Rules and have read the Terms and Conditions outlined on the site” and then print and sign your name below. DO NOT SEND ANY COMMENTS OR QUESTIONS TO THIS ADDRESS. While supplies last, one code will be mailed in response to each mail-in request. Mail-in requests must be handwritten and the outer envelope must contain the same return address as the requestor’s address on the SASE where the code will be sent. Requests made by any other individual or any entity, and/or originating at any other website or e-mail address or phone number, including but not limited to commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified. Mail-in requests must be postmarked by on a date between January 1, 2018 and December 31, 2018, and received by Sponsor by January 7, 2019.
All requests become the exclusive property of Sponsor and none will be acknowledged or returned. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, illegible, misdirected or postage-due entries, which will be disqualified. No mechanically reproduced mail-in requests are allowed and any use of robotic, automatic, programmed or the like methods will be void.
HOW TO ENTER: Once you have a valid code for the promotion, visit www.charmedaroma.com/pages/appraisal (the "Website") during the Code Entry Period and follow the on-screen instructions to enter your code. If you enter a code after all prizes have been awarded in the Sweepstakes, you will not be eligible to enter this Sweepstakes; however, you may be eligible for the subsequent sweepstakes. Any attempt to enter the same code more than (1) time will be rejected and may result in disqualification.
WINNER SELECTION: Upon the entry of a valid code at the Website during the Code Entry Period, a message will appear on the screen showing the value of the appraised retail value of the prize. If you receive an on-screen message stating that your code entry qualifies to win a prize, refer to section “How To Claim A Prize Claim”. Prizes equal and above $1,000 will be shipped separately. If the message reads “You did not reveal a high value ring” or “You did not reveal an additional bonus ring”, then you are not a prize winner.
ODDS / PRIZES: The odds of winning a prize with any given code entry depend on the number of code-entry submissions.
1/400,000 chance of winning: Grand prize jewelry with a retail value of approximately $5,000; and
1/100,000 chance of winning: First prize jewelry with a retail value of approximately $1,000; and
713/100,000 chance of winning: Jewelry with retail value of approximately $250 (selection of type of stones subject to Sponsor’s discretion); and
960/100,000 chance of winning: A jewelry with semi-precious stones or lab-created gemstones, with a retail value of approximately $200 (selection of type of stones subject to Sponsor’s discretion); and
1454/100,000 chance of winning: A ring set with semi-precious stones or lab-created gemstones, with a retail value of approximately $180 (selection of type of stones subject to Sponsor’s discretion); and
1672/100,000 chance of winning: A ring set with semi-precious stones or lab-created gemstones, with a retail value of approximately $170 (selection of type of stones subject to Sponsor’s discretion); and
1796/100,000 chance of winning: A ring set with semi-precious stones or lab-created gemstones, with a retail value of approximately $160 (selection of type of stones subject to Sponsor’s discretion); and
1938/100,000 chance of winning: A ring set with semi-precious stones or lab-created gemstones, with a retail value of approximately $150 (selection of type of stones subject to Sponsor’s discretion); and
2233/100,000 chance of winning: A ring set with semi-precious stones or lab-created gemstones, with a retail value of approximately $120 (selection of type of stones subject to Sponsor’s discretion); and
2518/100,000 chance of winning: A ring set with semi-precious stones or lab-created gemstones, with a retail value of approximately $100 (selection of type of stones subject to Sponsor’s discretion); and
4276/100,000 chance of winning: A ring set with semi-precious stones or lab-created gemstones, with a retail value of approximately $90 (selection of type of stones subject to Sponsor’s discretion); and
5131/100,000 chance of winning: A ring set with semi-precious stones or lab-created gemstones, with a retail value of approximately $80 (selection of type of stones subject to Sponsor’s discretion); and
5901/100,000 chance of winning: A ring set with semi-precious stones or lab-created gemstones, with a retail value of approximately $70 (selection of type of stones subject to Sponsor’s discretion); and
6842/100,000 chance of winning: A ring set with semi-precious stones or lab-created gemstones, with a retail value of approximately $60 (selection of type of stones subject to Sponsor’s discretion); and
8124/100,000 chance of winning: A ring set with semi-precious stones or lab-created gemstones, with a retail value of approximately $50 (selection of type of stones subject to Sponsor’s discretion); and
8552/100,000 chance of winning: A ring set with semi-precious stones or lab-created gemstones, with a retail value of approximately $40 (selection of type of stones subject to Sponsor’s discretion); and
10262/100,000 chance of winning: A ring set with semi-precious stones or lab-created gemstones, with a retail value of approximately $30 (selection of type of stones subject to Sponsor’s discretion); and
10690/100,000 chance of winning: A ring set with semi-precious stones or lab-created gemstones, with a retail value of approximately $20 (selection of type of stones subject to Sponsor’s discretion); and
12828/100,000 chance of winning: A ring set with semi-precious stones or lab-created gemstones, with a retail value of approximately $10 (selection of type of stones subject to Sponsor’s discretion); and
Approximate retail value of all prizes in the Promotion is $365,000 CAD. Any images of prizes are for illustration only; actual prizes may differ from those illustrated. No prize substitutions or transfers will be allowed, except in Sponsor’s discretion. Sponsor reserves the right to substitute a prize of comparable value in Sponsor's discretion in the event any advertised prize becomes unavailable. Winners are responsible for all taxes due as a result of receipt of a prize and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize. Any person winning over $600.00 USD in aggregate prizes from Sponsor will receive an Internal Revenue Service (“IRS”) Form 1099 at the end of the calendar year, and a copy of such form will be filed with the IRS. If required by law, as determined by Sponsor in its sole discretion, Sponsor reserves the right to withhold (or collect) and remit to the appropriate taxing authorities the amount of any taxes due. Sponsor also reserves the right to require all winners of prizes with a value of greater than $600.00 USD to submit an IRS Form W-9 prior to being deemed eligible to receive the respective prize.
Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Sweepstakes.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
HOW TO CLAIM A PRIZE: If an on-screen message appears on the appraisal page when typing in the code entry stating the value of the jewelry, this is the approximate retail value of the prize. If you receive an on-screen message stating that you did not reveal a high value ring, then you are not a winner of any prize. If you receive an on-screen message stating that you did not win an additional bonus ring, then you did not win an additional bonus ring. If you receive an on-screen message stating that your code entry qualifies to win a prize, you may submit a prize claim by mailing your code along with a piece of paper with your name, date of birth, address, phone number, and e-mail address to Charmed Aroma, Attention: Charmed Aroma Prize Winner, 51 Bulwer St, Unit 201, Toronto, ON M5T 1A1 Canada. Prize claims must be submitted between January 1, 2018 and December 31, 2018 ("Prize Claim Period"), and any postal submission must be received by Sponsor no later than January 7, 2019. Late claims will not be accepted. Unclaimed prizes will not be awarded. Retain a copy of your submission for your records. Proof of submission is not proof of receipt. All codes, code submissions, and other Promotion materials are subject to validation. Original codes must be submitted with any claim. No photocopies or other reproductions will be accepted. You are not a winner until your prize claim is validated and you receive official notification from Sponsor and/or its designated agent. Codes or other prize claim submissions are void if not legible, if not obtained legitimately in accordance with these Official Rules, or if forged, reproduced, duplicated, mutilated, altered, copied, hand-printed, water damaged, tampered with, or if they contain any computer programming, printing, mechanical or typographical errors or any other errors of any kind. Each winner may be required to execute an Affidavit of Eligibility, a Liability Release, and (where legal) a Publicity Release within seven (7) days of delivery to his/her address. If any potential winner cannot be contacted despite diligent efforts within seven (7) days, is ineligible, fails to claim a prize within seven (7) days of notice or fails to return the completed and executed Affidavit/Release when requested within seven 7 days of such request, the prize will be forfeited. If any eligible winner is deemed a minor under the laws of his/her state of residence, the prize may be awarded in the name of a parent or legal guardian of the minor, or the minor's parent or legal guardian may be required to ratify and sign all prize claim documents. Winners should expect that prizes may not be delivered until up to six weeks after validation of claim.
PUBLICITY RELEASE: By participating in the Promotion, each winner, except where prohibited by law, grants Sponsor, and its designees the right to use the winner's name, likeness, picture, portrait, hometown, voice, biographical information and written submissions and written or oral statements, a description of the prize won, in any and all media, now known or hereafter devised, for any purpose, including without limitation, for advertising and promotional purposes without additional compensation, review or approval rights, notification or permission, and each winner hereby releases Sponsor, and its members, subsidiaries, affiliates, partners, employees, directors, and agents, including advertising agencies ("Released Entities") from any liability with respect thereto.
GENERAL CONDITIONS: If, for any reason, the Promotion is not capable of running as originally planned, Sponsor reserves the right to cancel, suspend or modify the Promotion or any portion(s) thereof and to award any prizes in a fair and equitable manner, as determined by Sponsor, in light of the circumstances. Any person attempting to defraud Sponsor or tamper with the Promotion in any way may be prosecuted to the full extent permitted by law and will not be eligible for a prize. No responsibility is assumed for: (i) lost, late, misdirected, damaged, garbled, incomplete or illegible entries or mail-in requests, all of which are void; (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to entrant's or any other person's computer related to or resulting from participating in the Promotion. Only the type and quantity of prizes described in these Official Rules will be awarded. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy in such circumstances.
LIABILITY RELEASE: By participating in the Promotion, you hereby release the Released Entities from any and against any and all injury, loss or damage caused or claimed to be caused by your participation in the Promotion and/or the acceptance, awarding, receipt, use and/or misuse of the prize, and you agree that Released Entities are not responsible for any warranty, representation, or guarantee, expressed or implied, in fact or in law, relating to the Promotion and/or the awarding of any prize, except as expressly set forth in these Official Rules; you further agree that (i) any and all disputes, claims, and causes of action arising out of or in connection with the Promotion, or any prize awarded, shall be resolved individually by arbitration in accordance with Rule 13 below without resort to any form of class action; (ii) any claims, judgments and awards shall be limited to reasonable and actual out-of-pocket costs incurred, including costs associated with entering the Promotion, but in no event attorney's fees; and (iii) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED AND ANY OTHER DAMAGES, OTHER THAN DAMAGES FOR REASONABLE AND ACTUAL OUT-OF-POCKET EXPENSES.
GOVERNING LAW: These Official Rules, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Promotion shall be governed and construed in accordance with the internal laws of the Province of Ontario, without regard to principles of conflicts of laws.
ARBITRATION AGREEMENT: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
Agreement to Arbitrate. This Section 13 is referred to in these Official Rules as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Sponsor, whether arising out of or relating to these Official Rules (including any alleged breach thereof), any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Official Rules, you and Sponsor are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND SPONSOR AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND SPONSOR AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
Pre-Arbitration Dispute Resolution. Sponsor is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing Customer Support at email@example.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Sponsor should be sent to Charmed Aroma Inc., 51 Bulwer St, Unit 201, Toronto Ontario, M5T1A1, Attention: General Counsel (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Sponsor and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Sponsor may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Sponsor or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Sponsor is entitled.
Arbitration Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Official Rules as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Official Rules and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless Sponsor and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, Sponsor agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, Sponsor will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Sponsor will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Finally, if the value of the relief sought is $75,000 or less, Sponsor will pay reasonable attorneys’ fees should you prevail. Sponsor will not seek attorneys’ fees from you. But, if you initiate an arbitration in which you seek more than $75,000 in relief, the payment of attorneys’ fees will be governed by the AAA Rules.
Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Severability. Without limiting the severability provision in Section 13 of the these Official Rules, if a court or the arbitrator decides that any term or provision of this Arbitration Agreement other than Section 13(b) above is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court decides that any of the provisions of Section 13(b) is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of these Official Rules will continue to apply.
Future Changes to Arbitration Agreement. Notwithstanding any provision in these Official Rules to the contrary, Sponsor agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Sponsor written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THE WEBSITE OR INTERFERE WITH THE OPERATION OF THE PROMOTION, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
WINNER LIST: For a list of winners of the grand prize and first prize, available after December 31, 2018, send a self-addressed, stamped envelope to “Charmed Aroma Sweepstakes 2018 Winners,” c/o Charmed Aroma Inc., 51 Bulwer St, Unit 201, Toronto, Ontario M5T1A1. Requests must be received within ninety (90) days from the end of the Code Entry Period.
Copyright © 2018 Charmed Aroma Inc. All rights reserved. Charmed Aroma Inc. and the associated logos are trademarks of Charmed Aroma Inc. Any other trademarks in these Official Rules are used for prize identification purposes ONLY and are the properties of their respective owners.