Shop Your Way Indoor/Outdoor Rug Contest
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR ABILITY TO WIN.
1. Eligibility: The Shop Your Way “Indoor/Outdoor Rug Contest” (the “Contest”) is open only to individuals who are: (i) legal residents of the fifty (50) United States and the District of Columbia at the time of entry; (ii) at least eighteen (18) years old at the time of entry; and (iii) a Bonus Shop Your Way Member or higher at the time of entry. To become a Shop Your Way 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 as well as their 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 Contest 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 Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Sponsor: Sears Holdings Management Corporation, 3333 Beverly Rd., Hoffman Estates, IL 60179.
3. Timing: The Contest begins on June 22, 2014 at 12:00:01 AM Central Daylight Savings Time (“CDT”) and ends on July 20, 2014 at 11:59:59 PM CDT (the "Promotion Period").
As used herein, “Content” refers to all content you submit in connection with the Contest (e.g., the photo, content contained in the photo, description, tag names, etc.). Sponsor reserves the right to remove any Content that does not adhere to the submission requirements, as determined in Sponsor’s sole discretion, and/or disqualify the entrant.
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.
Limit: Limit one (1) entry per person/Shop Your Way Member during the Promotion Period.
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. 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.
BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT HIS/HER ENTRY AND CONTENT MAY BE POSTED ON SPONSOR’S WEBSITE OR ELSEWHERE ON THE INTERNET AS AUTHORIZED BY SPONSOR, IN SPONSOR’S DISCRETION. Submission of Content grants Sponsor and its agents an unlimited, worldwide, perpetual, license and right to publish, use, publicly perform the Content in any way, in any and all media, without limitation, and without consideration to the entrant.
All Content submitted by you must conform to the additional submission requirements set forth herein:
· Content cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any materially dangerous activity;
· Content cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
· Content cannot be obscene or offensive, endorse any form of hate or hate group;
· Content cannot defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies;
· Content cannot infringe trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, or contain any personal identification other than entrants;
· Content cannot infringe copyrighted materials owned by others;
· Content cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and
· Content cannot depict, and cannot itself, be in violation of any law.
CONTENT POSTED TO THE WEBSITE IS NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants. Sponsor reserves the right to waive the Contest submission requirements set forth herein in its reasonable discretion.
5. Public Voting/Judging/Winner Notification: Each entry will appear on the website from June 22, 2014 at 12:00:01 AM CDT to July 20, 2014 at 11:59:59 PM CDT (the “Voting Period”). Notwithstanding the foregoing, the Voting Period shall be subject to modification by Sponsor as Sponsor may reasonably require. In the event of modification, Sponsor shall post notice of the modified Voting Period on the website. The public will be invited to vote for an entry by following the entry that he or she believes is the most creative entry on the Website. To “Follow” an entry, (i) open a “Indoor/Outdoor Room Contest” catalog and then click on the “Follow” just below the catalog name. Each individual may “Follow” as many catalogs as they wish, but each individual may only “Follow” each catalog one (1) time during the entire Voting Period. For the purposes of this Contest, a “day” shall be defined as 12:00:01 AM CDT to 11:59:59 PM CDT and a “Follow” will be defined as a “Vote”. If more than one (1) Vote is received from the same person, Shop Your Way account, and/or email address for a given catalog, all Votes from said person or email address will be disregarded. Sponsor reserves the right to void all Votes made through any script, macro, robotic, automatic, mechanical, programmed or similar duplication method. Vote counts are not official until verified by the Sponsor, in its reasonable discretion. Any attempt by the entrant and/or its respective family/friends to vote more than the number of times authorized herein, using multiple names and/or email addresses and/or any other fraudulent mechanism, as determined by the Sponsor in its sole discretion, shall give the Sponsor the right to disqualify the entrant in Sponsor’s reasonable discretion. Any attempt by any person to fraudulently circumvent the voting restrictions in order to cast multiple Votes for a given catalog will result in disqualification of all such Votes received and may result in disqualification of the entrants for whom the improper Votes were received if the Sponsor determines that that Entrant was involved in any way in the perpetration of such fraud. Voting must be completed by the actual person casting the Vote. A person may not Vote on behalf of another person. Payment or other consideration in exchange for Votes is prohibited. At the conclusion of the Voting Period, Sponsor will rank the Entries according to the total votes received. The five (5) entrants whose Entry receives the highest total number of votes will advance to the “Final Round” (each a “Finalist”). In the event the tally of Votes for the fifth place Finalist results in a tie, then all new tied entries will become Finalists and the panel of judges will evaluate all Finalists in accordance with the judging criteria set forth in more detail below. If you think that any entry infringes your intellectual property rights, click here if you wish to report it http://www.sears.com/cstermsofservice/nb-100000000022530.
The Finalists’ entries shall be judged by the Sponsor based equally on the following criteria: (i) Creativity; (ii) Content Relevance; (iii) Overall Theme; and (iv) Visual Look and Feel for the Entry (i, ii, iii and iv, collectively, the “Judging Criteria”). The Finalist receiving the highest score will be the winner, subject to verification. In the event of a tie, the tie-breaker will be based upon the highest score in the first judging criteria set forth above, continuing thereafter to each judging criteria in the order set forth above, as needed, to break the tie. In the event that a tie still remains, a new judge, selected by the Sponsor in its sole discretion, will judge the tied entries based on the judging criteria set forth above.
The potential winner will be notified by a newsfeed story, on http://www.shopyourway.com/tag/win-your-way/1863996, and/or by email.
Potential winner is subject to verification. Potential winner may 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 prize may be forfeited. Sponsor may 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 may be issued an IRS 1099 form. Any prize won by an eligible entrant who is a minor in his/her state of residence 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. Please allow 4-6 weeks for shipment of prize after confirmation.
6. One (1) Prize: One (1) Winner will receive one (1) 8’ x 11’.2” Indoor/Outdoor rug in Terracotta designated by Sponsor. The approximate retail value (“ARV”) of the prize is: $183.92. The ARV is determined as of the date of the printing of these Official Rules. The difference in value of prize as stated herein and value at time of prize notification, if any, will not be awarded. Prize is non-transferable, is not redeemable for cash 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 account.
7. Release: By receipt of the prize, winner agrees to release and hold harmless Sponsor, and its direct and indirect subsidiaries, suppliers, distributors, advertising/promotion agencies, and prize suppliers (if any), and each of their respective parent companies and each such company’s officers, directors, employees and agents (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 Contest or receipt or use or misuse of any prize and/or use of the Content.
8. Publicity: Except where prohibited, participation in the Contest constitutes 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 website, in Sponsor’s sole discretion.
9. Ownership & License: Providing Content grants Sponsor and its agents the right to publish, use, adapt, edit and/or modify such Content in any way, in any and all media, without limitation, and without consideration to the entrant. By accepting the prize, winner agrees that his or her Content will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the winner irrevocably assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her Content, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Winner hereby waives in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that winner may now or later have to their Content. Sponsor reserves the right to alter, change or modify the winning Content, in its sole discretion. Upon request of Sponsor, winner shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Content and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment.
10. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, 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 Contest, 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 Contest 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 Contest 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.
11. 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 Contest; (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 Contest; (4) technical or human error which may occur in the administration of the Contest 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 Contest 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 Contest, if it is possible. If the Contest, or any part of it, is discontinued for any reason, Sponsor, in its sole discretion, shall determine a winner in a manner deemed fair and equitable by Sponsor. No more than the stated number of prizes will be awarded.
12. Binding Arbitration: Any controversy or claim arising out of or relating to this Contest 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 CONTEST IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THE CONTEST, 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 CONTEST, 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.
13. Governing Law & Jurisdiction: The Official Rules and the Contest 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 Contest Official Rules, or the rights and obligations of Entrant and Sponsor in connection with the Contest, 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.
15. Name of Winner: To obtain 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.