SYW Cruise Into Paradise 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 Cruise Into Paradise Sweepstakes (the “Sweepstakes”) is open only to individuals who are: (i) legal residents of the forty-eight (48) contiguous United States and the District of Columbia (excluding AK and HI) 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. 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 Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void in Alaska and Hawaii and 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 December 14, 2013 at 12:00:01 am Central Time (“CT”) and ends on January 10, 2014 at 11:59:59 pm CT (the “Promotion Period”).
Complete the foregoing steps to receive one (1) entry into the Sweepstakes.
You may receive up to two (2) additional sweepstakes entries by sharing the Sweepstakes on Facebook and/or Twitter as follows:
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.
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.
As used herein, “Content” refers to all information, materials or content you submit in connection with the Sweepstakes. 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.
Limit: Limit three (3) entries 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. 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:
Sponsor will randomly select one (1) potential Sweepstakes winner from all eligible entries received, on or around January 11, 2014. The potential winner(s) 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(s) are subject to verification. Potential winner(s) 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 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 prize may be forfeited. Sponsor may provide the winner(s) 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(s) will be issued an IRS 1099 form. Prize(s) 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.
6. Prize (1): One (1) winner will receive three (3)
$2,550 cabin cruise certificates for the winner and up to eleven (11) guests
for any one (1) cruise embarking/disembarking from Port Canaveral, Florida or
Ft. Lauderdale, Florida. Each cabin
certificate may sleep up to four (4) individuals, depending on selection of
cabin and cruise. Prize includes: (i)
regular onboard meals for winner and up to eleven (11) guests (excluding
discretionary dining charges, meals in alternate dining venues, alcoholic
beverages, soda, wine, and/or specialty coffee drinks); (ii) regular onboard
entertainment for winner and up to eleven (11) guests; (iii) round-trip, coach
class air transportation for the winner and up to eleven (11) guests from the
major commercial airport nearest winner’s residence (as determined by Sponsor
in its sole discretion) within the 48 U.S./D.C. (excluding AK and HI) to Orlando,
Florida or Ft. Lauderdale, Florida
. (determined by cruise embarkment/disembarkment location
by Sponsor in its sole discretion); (iv) one (1) night hotel accommodations in
three (3) standard, quadruple occupancy hotel rooms for the night before embarkment; (vi) ground transportation for the winner and up
to eleven (11) guests from destination airport
to hotel and from cruise disembarkment
location to destination airport; and (vii) one (1) $1,500.00 gift card, which
may be used towards expenses on the trip.
Retail Value (“ARV”): $16,530.00. Cruise certificates can only be used for
cruises embarking/disembarking in Port Canaveral, FL or Fort Lauderdale, FL. All
prize details are subject to availability and restrictions such as blackout
dates including holidays. Gift card
subject to terms, conditions, and restrictions as set forth by issuer. Actual value of trip may vary based on point
of departure and airfare fluctuations.
Any difference between stated approximate retail value and actual value
of Prize will not be awarded. All prize
details not specified in the Official Rules will be determined in Sponsor’s
sole and absolute discretion. Selection of the airline, departure and arrival
airport, and hotel are solely within Sponsor’s sole discretion. If in the judgment of Sponsor, air travel is
not required due to a winner's proximity embarkment/disembarkment location, ground transportation will be
substituted for roundtrip air travel at Sponsor’s sole and absolute
discretion. The difference in value will
not be awarded to the winner. Prize(s) are non-transferable,
are 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.
Cruise certificates are subject to the terms and conditions as
set forth by issuer.
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 transportation to/from winner’s residence and departure airport and to/from hotel and embarkment location, in-room charges at the hotel and cruise cabin (e.g., mini-bar, room service, telephone, movies, etc.), meals and beverages before embarkment, shore excursions fees, discretionary hotel and dining charges, meals in alternate dining venues, alcoholic beverages, boutique purchases, gratuities, travel upgrades, baggage fees, any difference in the cruise tickets prices and the cruise certificates, and any other personal incidental costs or other expenses not specifically set forth herein. Trip must be completed by August 31, 2014. In the event the winner cannot travel and cruise by August 31, 2014, winner may be disqualified and the prize may be awarded to an alternate winner provided sufficient time remains prior to the travel. Winner and guests may be required to provide a valid major credit card or some other acceptable form of payment at the hotel, as determined in the hotel’s sole discretion upon hotel check-in 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. 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. Winner and guests must have all necessary identification and/or travel and cruise documents (including, but not limited to, a valid U.S. driver’s license, a valid passport, and via (if applicable)) required for travel. Winner and guests must travel and cruise on same itinerary. Sponsor is not responsible for any fees or additional charges resulting from a winner’s or a guest’s change to itinerary or accommodations. 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 guest 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. If any winner is eligible, but a minor in his/her state of residence, one (1) travel guest must be the winner’s parent or legal guardian. A minor may accompany winner as a travel guest only if the winner is the minor’s parent or legal guardian. Minors must be accompanied at all times during trip (including, but not limited to, in-flight, hotel stay, cruise travel, cruise activities, and all prize-related events) by minor’s parent or legal guardian. Travel guests (or a guest’s parent or legal guardian if guest is an eligible minor in his/her state/province of residence) must sign and return a travel release before any ticketing of travel occurs. Once travel guests are selected, they may not be substituted, except in Sponsor’s sole and absolute discretion. Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. All airline tickets are subject to flight variation, work stoppages, and schedule or route changes. Additional prize award details and travel information to be provided to the winner at the time of notification. Lost, stolen or damaged airline tickets, travel vouchers, cruise certificates, or any other vouchers or certificates will not be replaced or exchanged.
Sponsor is not responsible for any delay or cancellation of prize event due to unforeseen circumstances, or those outside of Sponsor’s control. In the event, for whatever reason, the cruise is cancelled prior to, or during, the winner’s trip, the experience will not be awarded and Sponsor will not provide any compensation or substitution for that portion of the prize. Winner and guest agree to comply with all applicable venue regulations in connection with the cruise. Sponsor reserves the right to remove or to deny embarkment to winner and his/her guest, at any time, if in the sole opinion of the Sponsor, winner or any guest engages in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person on the cruise, are unfit for any reason for the cruise, or act in any other objectionable behavior.
Prize(s) are taxable income to the winner(s) and winner(s) 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/Shop Your Way account.
7. Release: By receipt of any prize, winner(s) agrees to release and hold harmless Sponsor, CMI Marketing, Inc., d/b/a CafeMom, and their 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; 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 or receipt or use or misuse of any prize, including any travel or cruising related thereto and/or use of the Content.
BY ACCEPTING PRIZE, WINNER ACCEPTS (AND AGREES TO CONFIRM IN WRITING) THE INHERENTLY DANGEROUS NATURE AND RISK IN SEA TRAVEL, INCLUDING PERSONAL INJURY AND/OR DEATH, ACKNOWLEDGES THAT HIS/HER PARTICIPATION IN THE PRIZE EVENT IS VOLUNTARY, ACKNOWLEDGES THAT THERE ARE NATURAL FACTORS AND OCCURRENCES WHICH MAY IMPACT ON OR AFFECT THE SAFETY OF THE ACTIVITIES HE/SHE IS PARTICIPATING IN AND HE/SHE ASSUMES THE RISK OF SUCH FACTORS AND OCCURRENCES AND AGREES THAT RELEASED PARTIES SHALL NOT BE IN ANY WAY RESPONSIBLE FOR ANY RESULTING INJURY AND/OR DEATH.
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. Winners’ names and likenesses 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 a prize, each 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 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(s) 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 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.
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 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 including any travel or cruising related thereto. 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 prize(s) 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.
12. 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 SWEEPSTAKES, 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 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.
You understand that you are providing your information to Sponsor and not to Facebook or Twitter.
15. Winners List: For a winners list, visit http://www.shopyourway.com/tag/win-your-way/1863996. The winners list will be posted after winner confirmation and verification are complete.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook or Twitter.