SYW Kmart Holiday Magic Sweepstakes
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: Shop Your Way (“SYW”) Kmart Holiday Magic Sweepstakes (the “Sweepstakes”) is open only to individuals who are: (i) legal residents of the fifty (50) United States and the District of Columbia; (ii) at least eighteen (18) years old at the time of entry; and (iii) a Bonus Shop Your Way Rewards Member or higher at the time of entry. To become a Shop Your Way Rewards bonus member at no cost, visit http://www.shopyourway.com/rewards. Employees of Sears Holdings Management Corporation, and its direct and indirect subsidiaries who hold a position of Divisional Vice President (e.g., Vice Presidents, Senior Vice Presidents, etc.) or higher, employees of The Walt Disney Company and its direct and indirect subsidiaries, as well as each such employee’s immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible to enter or win. Sponsor’s employees must be in good standing as determined by Sponsor’s human resources department at the time of entry and prize award.
The Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Sponsor: Kmart Corporation, 3333 Beverly Rd., Hoffman Estates, IL 60179.
3. Timing: The Sweepstakes begins on October 22, 2013 at 12:00:00 am Central Time (“CT”), and ends on November 16, 2013 at 11:59:59 pm CT (the "Promotion Period").
You may receive up to three (3) additional sweepstakes entries by completing the additional social interaction, or sharing the Sweepstakes on Facebook and/or Twitter as follows:
Following Frozen Topic Page: Go to the Frozen Movie Topic Page at www.shopyourway.com/frozen, click on the “Disney Memories Tab” and post your fondest Disney memory. You will only receive one (1) additional entry for posting your fondest Disney memory regardless of how many times you submit a different story.
Facebook: Click the “Sweepstakes” page on the left hand navigation of SHOP YOUR WAY. Select this Sweepstakes, and expand the entry by hitting the “>” button. Choose the “Facebook” icon found on the bottom right-hand corner, and sign onto your account using your Facebook login information. After the link loads in the pop-up window—and you are satisfied with all the fields—hit the “Share Link” button to add to your Facebook feed.
Twitter: Click the “Sweepstakes” page on the left hand navigation of SHOP YOUR WAY. Select this Sweepstakes, and expand the entry by hitting the “>” button. Choose the “Twitter” icon found on the bottom right-hand corner, and sign onto your account using your Twitter login information. After the link loads in the pop-up window—and you are satisfied with all the fields—hit the “Share Link” button to add to your Twitter feed.
You will only receive one (1) additional entry for sharing the Sweepstakes on Facebook regardless of how many times you share the Sweepstakes. You will only receive one (1) additional entry for sharing the Sweepstakes on Twitter regardless of how many times you share the Sweepstakes.
As used herein, “Content” refers to all information, materials or content you may submit in connection with the Promotion, if any. Content will not be judged.
Entrants represent and warrant that their Content is the original work of such entrant, it has not been copied from others, it has not previously won awards, it does not violate the rights of any other person or entity, and publication of the Content via various media including Web posting will not infringe on the rights of any third party. Any Entrants indemnify and hold harmless, Released Parties from any claims to the contrary.
Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods may void that entrant's entries and that entrant may be disqualified, in Sponsor’s discretion. Use of any automated system to participate is prohibited and may result in disqualification, in Sponsor’s discretion. In the event of a dispute as to any registration, the authorized account holder of the Shop Your Way account used to register will be deemed to be the entrant. The “authorized account holder” is the natural person assigned to the Shop Your Way account. Each potential winner may be required to show proof of being the Shop Your Way account holder.
By submitting Content, you agree that your Content is gratuitous and made without restriction, and will not place Sponsor under any obligation, that Sponsor is free to use or otherwise disclose the ideas contained in the Content on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your Content, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than you.
All Content submitted by you must conform to the additional submission requirements set forth herein:
Limit: Limit one (1) entry per person/Shop Your Way Rewards Bonus Member per “day” during the Promotion Period. For the purposes of this Sweepstakes a “day” shall be mean the period starting at 12:00:00 am CT in a calendar day and ending at 11:59:59 pm CT.
5. Drawing: On or about November 22, 2013, Sponsor will randomly select one (1) potential winner from all eligible entries received during Promotion Period, from all entry methods. The potential winner will be notified by a newsfeed story, on http://www.shopyourway.com/tag/win-your-way/1863996, and/or by email. Odds of winning a prize depend on the number of eligible entries received.
Potential winner is subject to verification. Potential winner will be required to fully complete, sign and timely return an unaltered Affidavit of Eligibility/Liability Release provided by Sponsor, and, where lawful, an unaltered Publicity Release within seven (7) days of prize notification. If the potential winner is found not to be eligible or not in compliance with these Official Rules, if attempted notification or any prize is returned as undeliverable, if any required documents are not returned within the required number of days, if the winner cannot be verified, or if the winner is otherwise unable or unwilling to accept and claim the prize as stated, then that prize may be forfeited. Sponsor will provide the winner with a W-9 which winner must complete and return to Sponsor for tax reporting purposes or prize may be forfeited, in Sponsor’s sole discretion. Winner will be issued an IRS 1099 form. If the prize is won by an eligible entrant who is a minor in his/her state of residence, the prize will be awarded to minor’s parent or legal guardian who must sign and return all required documents, if any. Receiving a prize is contingent upon compliance with these Official Rules. Prize will be shipped 4-6 weeks after verification of winner.
6. One (1) Prize: Prize: Prize is a trip for Winner and up to three (3) Guests consisting of (a) round trip coach air transportation between major commercial airport nearest winner’s permanent residence (airline designated by Sponsor) and Los Angeles International Airport; (b) two (2) nights hotel accommodations (one standard room, quad occupancy/hotel designated by Sponsor); (c) round trip ground transfers as follows: (i) between Los Angeles International Airport and hotel; (ii) between hotel and the Walt Disney Studio in Burbank, CA; and (iii) between the hotel and the Disney film premiere; Winner and/or one (1) of the Guests must have a valid driver’s license (d) four (4) VIP tickets to a Disney film premiere designated by Sponsor no later than September 30, 2014; and (e) one (1) escorted tour for four (4) people of the Walt Disney Studios in Burbank, CA (a, b, c, d and e, collectively, “Prize”). The approximate retail value (“ARV”) of the Prize: $4,995. The ARV is determined as of the date of printing these Official Rules. The ARV of the prize may vary based on the commercial airport nearest winner’s permanent residence, as well hotel fluctuations at the time of travel. Any difference between stated approximate retail value and actual value will not be awarded. Winner must be available to travel on dates designated by Sponsor. In the event the winner lives within one hundred fifty (150) miles of Los Angeles, CA, Sponsor will provide the winner with round trip ground transportation between the winner’s residence and Los Angeles, CA in lieu of the round trip coach air transportation from major commercial airport nearest the winner’s residence. The dollar value difference between the round trip coach air transportation and ground transportation will not be provided to the winner. Winner is solely responsible for any and all expenses and incidental travel costs not expressly stated in the prize description herein, including but not limited to ground transfers between Winner’s residence and airport of departure, ground transportation while in designated city (not stated herein) in-room charges (e.g., mini-bar, room service, telephone, movies), meals and beverages, gratuities, travel upgrades, baggage fees, and personal incidentals. Winner and Guest(s) will be required to provide a valid major credit card or some other acceptable form of payment, as determined in the hotel’s sole discretion upon hotel check and all in-room charges, telephone calls, meals, beverages, hotel upgrades, amenities, personal incidentals and any other expenses charged to the winner’s hotel room will be charged to that major valid credit card or deducted from the deposit provided. Winner and Guest(s) must travel on dates designated by Sponsor and on the same itinerary. In the event the winner cannot travel on dates designated by Sponsor, winner may be disqualified and the prize may be awarded to an alternate winner in a random drawing from among all remaining eligible entries provided sufficient time remains prior to the trip. Travel is subject to terms and conditions set forth in these Official Rules and those set forth by selected travel providers, availability and other material restrictions may apply. Sponsor is not responsible for any fees or additional charges resulting from a winner or Guest’s changes to itinerary or accommodations. In the event, for whatever reason, the scheduled the Disney film premiere is cancelled prior to the trip or during winner’s trip, that portion of the prize will not be awarded and Sponsor will not provide any compensation or substitution for that portion of the prize. Winner and Guests will be solely responsible for obtaining valid U.S. government photo identification prior to travel and the associated costs for these requirements. Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels or other transportation companies or any other persons providing any of these services and accommodations to passengers including any results thereof such as changes in services or accommodations necessitated by same. Sponsor shall not be liable for any loss or damage to baggage. If the winner becomes disabled or cannot otherwise fully enjoy the prize due to illness, Sponsor shall have the option at its sole discretion of being relieved of liability for fulfillment of the prize award and no other compensation in lieu of the prize will be awarded. Winner and Guests are responsible for obtaining his/her own medical and life insurance and the associated costs. All travel is subject to any and all restrictions instituted by the Department of Defense and/or Department of Homeland Security, as required. Winner and Guests agree to comply with all applicable venue regulations in connection with the (i) Disney film premiere; and the (ii) escorted tour of The Walt Disney Studios in Burbank, CA (i and ii, individually as “Event” and collectively as “Events”). Sponsor and the applicable venue representatives reserve the right to remove or to deny entry to Winner and any of his/her Guests who engages in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at any Event offered in the Prize. Released Parties will not be responsible for Acts of God, acts of terrorism, civil disturbances, work stoppage or any other natural disaster outside their control that may cause the cancellation or postponement of any Event offered in the Prize.
Prize is non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason.
Prize is taxable income to the Winner and Winner will be responsible for all taxes and fees associated with prize receipt and/or use, if any. If the winner is an associate of Sears Holding Management Corporation or its direct and indirect subsidiaries the prize will be added to the winner’s W-2 reportable earnings and be subject to payroll taxes and income tax withholding. For these associates only, Sears Holdings Management Corporation (or the appropriate corporate affiliate) will include a tax gross-up equal to 35% of the value of the prize, which is intended to offset most, but not necessarily all, taxes due on the prize. Limit: One (1) prize per person/Shop Your Way Rewards account. ALL PRIZES ARE AWARDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE).
7. Release: By entering the Sweepstakes, entrants agree to release, discharge, indemnify, and hold harmless Sponsor, The Walt Disney Company, and their direct and indirect subsidiaries, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents; Facebook, Inc, and Twitter, Inc. (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes and/or receipt or use or misuse of any prize.
8. Publicity: Except where prohibited, participation in the Sweepstakes constitutes a winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown, state, and wish list submitted for promotional purposes in any media now known or hereinafter developed, worldwide, without further payment or consideration. Winner’s name and likeness may be published on Shop Your Way Rewards website, in Sponsor’s sole discretion.
9. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. 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 Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any 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.
10. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) 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 Sweepstakes or receipt or use or misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, if it is possible. If the Sweepstakes, or any part of it, is discontinued for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
11 Binding Arbitration: Any controversy or claim arising out of or relating to this Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Illinois law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.
12. Governing Law & Jurisdiction: The Official Rules and the Sweepstakes are governed by US law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Sweepstakes Official Rules, or the rights and obligations of Entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Illinois, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 12 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of Illinois, in the City of Chicago.
14. Name of Winner: For the name of the winner, visit http://www.shopyourway.com/tag/win-your-way/1863996. The name of the winner will be posted after winner confirmation and verification are complete.
This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook or Twitter.
The Walt Disney Company and its parents, affiliates and subsidiaries are not responsible for the promotion, administration or execution of this Sweepstakes.
Frozen ©2013 Disney. All Rights Reserved.