Shop Your Way ‘Act Fast Instant
Win’ Instant Win Game
Official
Rules
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”)
Act Fast Instant Win Game (the “Game”) 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 play, (ii) at least eighteen (18) years old
at the time of play, and (iii) a SYW Email Member (members who have provided
Sponsor with a valid email address and are currently opted in to receive
promotional emails from SYW at the time of entry). To become a SYW member
at no cost, visit http://www.shopyourway.com. 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 Game 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 Game. 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 Game begins on February
1, 2015 at 12:00:01 am Central Standard Time (“CST”) and ends on March 2, 2015
at 11:59:59 pm CST (the “Game Period”).
4. How to Play: During the Game Period,
visit http://www.shopyourway.com/sweeps and
log into the “Sweeps” application on SYW. Then, select
the Game banner, click “Get Started Now” and follow the online instructions to
accept these rules and our privacy policy. Once you click “Get Started Now,”
distinct poll questions will appear in a pop-up module on-screen. Answer all
poll questions that appear on-screen and click “Continue.” Your answers will
not be judged. Once you click “Continue,” one of the following Instant Win Game
interactions will appear on screen; complete such interaction to receive one
(1) Game play (a “Play”):
(1) Shuffle Instant Win Game: Once you click “Get
Started Now,” three cards will appear on screen. The cards will automatically
start shuffling. Then, click on the “Reveal” button to reveal whether you are a
winner. Cards and “Reveal” button are used for entertainment purposes
only and will not determine whether or not you are an instant win game winner. If
your screen displays a prize-winning message, you are a potential Game winner
(subject to verification) of the prize indicated. If your screen displays a non-prize-winning
message, you are not a winner of any prize. Prizes
are seeded at randomly selected times throughout the Game Period, and are
awarded to the entrant who completes a Play in accordance with these Official
Rules (whose Play is properly received and recorded by Sponsor's computer on or
after a randomly-selected time during the Game Period) and receive a
prize-winning message will win a prize (subject to verification). All Plays
must be received and recorded during the Game Period to be eligible. An entrant
is not a winner of any prize, even if a winning prize message or any other
aspect of the Game should so indicate, unless and until the entrant’s
eligibility and the potential winning claim have been verified. Sponsor will
not accept screen shots or other evidence of winning in lieu of the validation
process; or
(2) Scratch Instant Win Game: Once you click “Get
Started Now,” a scratch-off will appear on screen. Click where
indicated to reveal the Game results. If your screen displays a prize-winning
message, you are a potential Game winner (subject to verification) of the prize
indicated. If your screen displays a non-prize-winning message, you
are not a winner of any prize. Prizes are
seeded at randomly selected times throughout the Game Period, and are awarded
to the entrant who completes a Play in accordance with these Official Rules
(whose Play is properly received and recorded by Sponsor's computer on or after
a randomly-selected time during the Game Period) and receives a prize-winning message
will win a prize (subject to verification). All Plays must be received and
recorded during the Game Period to be eligible. An entrant is not a winner of
any prize, even if a winning prize message or any other aspect of the Game
should so indicate, unless and until the entrant’s eligibility and the
potential winning claim have been verified. Sponsor will not accept screen
shots or other evidence of winning in lieu of the validation process; or
(3) (As of February 12, 2015, this Game Mechanism will be
available for entering this Sweepstakes): Spin Instant Win Game:
Once you click “Get Started Now,” a spin wheel will appear on screen. The wheel
will automatically start spinning when you view the page. Then,
click on the “Stop” button. Wheel and “Stop” button (along with
when you hit the button) are used for entertainment purposes only and will not
determine whether or not you are an instant win game winner. The wheel will then stop and reveal which prize, if any,
you have won (subject to verification). If your screen displays a prize-winning
message, you are a potential Game winner (subject to verification) of the prize
indicated. If your screen displays a non-prize-winning message, you
are not a winner of any prize. Prizes are
seeded at randomly selected times throughout the Game Period, and are awarded
to the entrant who completes a Play in accordance with these Official Rules
(whose Play is properly received and recorded by Sponsor's computer on or after
a randomly-selected time during the Game Period) and receives a prize-winning
message will win a prize (subject to verification). All Plays must be received
and recorded during the Game Period to be eligible. An entrant is not a winner
of any prize, even if a winning prize message or any other aspect of the Game
should so indicate, unless and until the entrant’s eligibility and the
potential winning claim have been verified. The Spin Instant Win Game mechanism
will not be available for Play between January 24, 2015 at 12:00:01 am CST and
11:59:59 pm CST on February 11, 2015.
Sponsor will not accept screen shots or other evidence of winning
in lieu of the validation process.
Your opinions of any product or brand should accurately and
honestly reflect your thoughts and experiences regarding that product. No
purchase of any product is necessary. Game Plays must be
obtained legitimately.
Limit: Limit one (1) Play per day per person/Shop Your Way Member.
Limit up to thirty (30) Plays per person/Shop Your Way Member during the entire
Promotion Period. For purposes of these Official Rules, a “Day” begins at
12:00:01 am CST on each calendar day and ends at 11:59:59 pm CST the same day.
The number of Instant Win Prizes available to be won will decrease during the
Game Period as Instant Win Prizes are awarded and claimed.
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 SYW account used
to register will be deemed to be the entrant. The “authorized
account holder” is the natural person assigned to the SYW account. Each
potential winner may be required to show proof of being the SYW account
holder.
5.
Winner Notification/Odds: In addition to an on-screen winner notification
message, the potential winners will be notified by email at the email address
associated with the potential winner’s SYW account. Odds of winning depend on
the number of eligible Plays received and the order in which such Plays are
received.
All potential winners are subject to verification. If a 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
a winner cannot be verified, or if a winner is otherwise unable or unwilling to
accept and claim the prize as stated, then that potential winner will be
disqualified and his/her prize may be forfeited. If the
event that any first potential winner is disqualified for any reason, the
Sponsor reserves the right (in its sole and absolute discretion) to award the
prize to an alternate winner. Alternate winners will be notified
via email and/or telephone. Alternate winners must respond to winner
notification within forty-eight (48) hours of the time notification is sent. If
the potential alternate winner responds that she/he is prepared to accept the
prize, she/he 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 three (3) days of the date
Sponsor sends such Affidavit and Release. Failure by an alternate winner to
respond within the forty-eight (48) hour time period and/or failure to sign and
return an unaltered Affidavit of Eligibility/Liability Release within three (3)
days may result in disqualification and forfeiture of any prizes. Sponsor may
provide the winners 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. Winners 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 Grand Prize after
confirmation. The First Prizes and Second Prizes will be awarded on a
temporary basis until such time that winners have been verified by
Sponsor. In the event that a First Prize Winner or a Second Prize
Winner is not verified, Sponsor reserves the right to reverse point award
posted to that member’s account. First Prizes and Second Prizes will
be credited to SYW Accounts within approximately 10 weeks after the
verification of the winners.
6. Six
Hundred Three (603) Prizes and their approximate retail value (“ARV”): One (1)
Grand Prize: Grand Prize consists of fifty thousand (50,000) Shop Your Way
Points. ARV: $50.00; Two (2) First
Prizes: Each First Prize consists of twenty five thousand (25,000) Shop
Your Way Points. ARV: $25.00 each First Prize; Two Hundred (200) Second Prizes: Each Second Prize consists of one
thousand (1,000) Shop Your Way Points. ARV: $1.00 each Second Prize; Four Hundred (400) Third Prizes: Each
Third Prize consists of five hundred (500) Shop Your Way Points. ARV: $0.50
each Third Prize. Total ARV of all
Prizes: $500.00. Receipt, use and redemption of points are subject to the
terms and conditions at www.shopyourway.com/sywr-terms-of-service. Prizes are
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.
Prizes are taxable income to the winners and winners will
be responsible for all taxes and fees associated with prize receipt and/or use,
if any. If a 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/SYW
account.
7. Release: By receipt of any 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 Game or receipt or use or misuse of any
prize or any item redeemed in connection with a prize.
8. Publicity: Except where prohibited,
participation in the Game constitutes a winner’s consent to Sponsor’s and its
agents’ use of winner’s name, likeness, photograph, voice, opinions and/or
hometown, and state submitted for promotional purposes in any media now known
or hereinafter developed, worldwide, without further payment or consideration.
Winners’ names and likenesses may be published on SYW website, in Sponsor’s
sole discretion.
9. General Conditions: Sponsor reserves the right
to cancel, suspend and/or modify the Game, 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 Game, 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 Game 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 Game 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 Game; (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 Game; (4) technical or
human error which may occur in the administration of the Game 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 Game or
receipt or use or misuse of any prize or any item redeemed in
connection therewith. If for any reason an entrant's Play is confirmed to have
been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s
sole remedy is another Game Play, if it is possible. If, for any reason,
the Game is not capable of running as planned by reason of infection by
computer virus, worms, bugs, tampering, hacking, unauthorized intervention,
fraud, technical failures or any other causes which, in the sole opinion of the
Sponsor, corrupt or affect the administration, security, fairness, integrity or
proper conduct of this Game, Sponsor reserves the right, at its sole
discretion, to cancel, terminate, modify or suspend the Game and randomly
determine winners from eligible, non-suspect Plays received prior to action
taken, or as otherwise deemed fair and equitable by Sponsor. If due to a
computer programming, production, technical, seeding, or other error or reason,
more prizes are claimed than intended to be awarded according to Section 6,
prizes will be awarded in a random drawing from among all valid prize claims
received. No more than the stated number of prizes will be
awarded.
11. Binding Arbitration: Any controversy or
claim arising out of or relating to this Game 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 GAME IF YOU DO NOT AGREE TO
HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL
RULES.
BY PARTICIPATING IN THE GAME, 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 GAME, 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 Game 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 Game Official Rules, or the rights and obligations of
Entrant and Sponsor in connection with the Game, 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 11 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.
13. Entrant's Personal Information: Information
collected from entrants is subject to Sponsor’s Privacy Policy found at http://www.shopyourway.com/privacy-policy.
14. Winners List: For a winners list,
visit www.shopyourway.com/SweepsSYW. The
winners list will be posted after winner confirmation and verification are
complete.