Posted on Friday, October 31st, 2014 at 8:49 pm by Melissa
Christmas Kick-Off Cash Back
OFFICIAL RULES/TERMS AND CONDITIONAL – Conditional Rebate Offer
THE FOLLOWING CONDITIONAL REBATE OFFER IS VALID IN THE STATE OF OHIO ONLY, AND IS OPEN ONLY TO QUALIFIED PERSONS (AS DEFINED IN THE RULES BELOW). VOID ELSEWHERE AND WHEREVER PROHIBITED BY LAW.
Qualification Period: Customers may qualify for the Conditional Rebate Offer beginning on 11/1/2014 and ending 11/28/2014 (the “Qualification Period”). The conditional rebate offer is subject to all applicable federal, state and local laws and regulations and is void where prohibited.
Who May Enter: The conditional rebate offer is open to legal residents of Ohio, who are aged 18 or older as of date of qualification.
How to Participate: To be eligible, a customer must make a qualifying in-store purchase from E.M. Smith Jewelers (see below)during the qualification period to automatically qualify for the Conditional Rebate Offer (outlined below), based upon the required Rebate Activation requirements and conditions as outlined in these official rules.
The participating location for this Conditional Rebate Offer is:
- E.M. Smith Jewelers, 1334 North Bridge Street, Chillicothe, OH 45601
Eligible customers must have made a qualifying purchase of existing inventory, completed and executed a binding purchase contract, and completed all financial requirements including any down payments or payments due at signing, been approved for any and all required credit or financing prior to the end of the qualification period (close of business on 11/28/2014). There are no cancellations or returns on eligible merchandise purchased from 11/1/2014 – 11/28/2014
Qualifying purchases include the following:
- Any new purchase made at the participating location during the Qualification Period
Any customer who makes a qualifying purchase between the Qualification Period will automatically be qualified for the Conditional Rebate Offer as follows:
- Refund check in an amount equal to the total sum of their qualified purchase
Each qualified customer will be eligible to receive a refund check from E.M. Smith Jewelers in an amount equal to the total sum of their qualifying purchase only if the conditional rebate activation requirement occurs (see below). Eligible customers do not need to be present in order to claim their rebate offer, provided the activation requirement has occurred per the below requirements. The refund check for the total sum of the qualifying purchase will automatically be processed for each qualified customer, based upon the conditional rebate offer activation requirements as outlined in these official rules. Decisions of the Administrator are final and binding in all matters relating to this Offer.
Conditional Rebate Offer – Activation Requirements: In order for the conditional rebate offer to be activated and awarded to qualified customers, the opening kickoff of the 1st or 2nd half (depending on coin flip) that is received by Ohio State must be returned for a touchdown by Ohio State per the following requirements:
- Designated Game: Michigan @ Ohio State on 11/29/2014
- Only the actual kick-off of the 1st or 2nd half that is received by Ohio State to start the half is eligible for the rebate offer.
- If Ohio State receives the kick-off to start both halves, then only the opening kick-off of the game will be qualified for this conditional rebate offer.
- If Ohio State does not receive a kick-off to start the 1st or 2nd half during the Designated Game, there will be no opportunity for a prize award for that game.
- If the eligible kickoff must be immediately “re-kicked”, the re-kicked kickoff will be eligible for the grand prize.
- Only the eligible opening kickoff of the 1st or 2nd half that is received by Ohio State to start the half will be eligible regardless of its outcome, whether it is received and returned, fair caught, ruled a touchback or kicked out of bounds, so long as it otherwise conforms with these requirements.
- For the purpose of this offer, a successful kick-off return for a touchdown must be counted as an official play, ruled an official “kick-off return for a touchdown” by the league, and recorded in the official league statistics.
- Any kick-off return for a touchdown nullified by a penalty or a play that is not ruled as an official “kick-off return for a touchdown” by the league will not be considered for the rebate offer. (For example: A fumbled kick-off recovered by another player on New England who returns it for a touchdown that is ruled as a “fumble return for a touchdown” would not be eligible for activation of the conditional rebate offer.)
- If the opening kick-off of the half received by Ohio State to start the half is not returned and ruled as an official kickoff return for a touchdown by the league, then the conditional rebate offer will not be activated or awarded.
Rebate Award & Delivery: In the event that the Conditional Rebate Offer Activation requirements are met per these Official Rules, each qualified customer will automatically be awarded the Conditional Rebate Offer, subject to verification and compliance with these Official Rules, and confirmation of the official kick-off return for a touchdown by Ohio State.
The conditional rebate offer amount per qualified customer is as follows: A refund check equal to the amount of the total sum of their qualifying purchase. In the event the conditional rebate offer activation requirements are met, qualified customers can expect to receive their refund check within approximately 6-8 weeks after confirmation, verification and approval that the conditions of these official rules have been met. In the event the rebate activation requirements do not occur, then the conditional rebate offer is void, and there will be no rebate, refund or compensation in any manner to any qualified customer.
Rebate recipient(s), if any, must accept delivery of refund payment from sponsor, or as otherwise instructed by sponsor. All other costs related to Refund delivery and acceptance are the sole responsibility of recipient including but not limited to any and all applicable taxes (including local, state and federal income taxes). Conditional rebate offer is non-transferable and no rebate offer substitution allowed, except at sponsor’s sole discretion or as provided herein. Winner(s) may be required to complete and return any necessary documents upon receipt of refund payment, including a liability/publicity release. E.M. Smith Jewelers reserves the right to terminate this offer at any time, without notice, and honor those purchases made prior to the termination of the offer.
Additional Rules & Restrictions: By participating in this Conditional Rebate Offer, customers agree to abide by and be bound by the Official Rules and the decisions of the Administrator, which shall be final in all matters relating to the activation of this rebate offer. Sponsor and Administrator are not responsible for any typographical or other error in the printing or advertising of the offer, administration or execution of the contest. By accepting offer, customers agree to hold sponsor, and released parties (collectively “Releasees”), from any claims, losses, actions, or damages of any kind, whether actual, incidental or consequential, for injury (including but not limited to death), damages, losses or expenses arising out of or relating to entrant’s participation in this offer, or the acceptance, possession or use/misuse of any refund, or participation in refund-related activities, and to assume all liability in connection therewith. Releasees shall not be liable to any winner, entrant or any other person for failure to supply the prize or any part thereof by reason of any acts of God, any actions, regulations, orders, or requests by any governmental entity, equipment failure, terrorist acts, war, fire, unusually severe weather, embargo, labor dispute or strike, labor or material shortage, transportation interruption of any kind, or any other cause beyond Releasees’ sole control.
IN CASE OF DISPUTES: By participating, each entrant agrees that (1) any and all disputes, claims, and causes of action arising out of or in connection with this Offer, or any refunds awarded, shall be resolved individually, without resort to any form of class action, and any judicial proceeding shall take place in a federal or state court within the State of New Jersey; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this offer, but in no event attorneys' fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, and consequential damages, 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 issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsor in connection with this Offer, shall be governed by, and construed in accordance with the laws of the State of New Jersey, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of New Jersey or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than the State of New Jersey.
Winners List: For a copy of these official rules or a list of rebate recipients, if any, send a self addressed, stamped envelope to: E.M. Smith Jewelers Conditional Rebate Program, c/o Million Dollar Media, PO Box 278, Woodbridge, NJ 07095. Please specify which you are requesting. Requests must be received by 1/29/2015.