SYWR “Inspire Adam Levine” Sweepstakes
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 Rewards “Inspire Adam
Levine” 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 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
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: Sears Holdings Management Corporation, 3333 Beverly Rd., Hoffman
Estates, IL 60179.
3. Timing: The Sweepstakes begins on February
15, 2013 at 12:00:01 am Central Time (“CT”) and ends on March 1, 2013 at 11:59:59
pm CT (the "Promotion Period").
4. How to Submit an
Entry: During the
Promotion Period, visit www.shopyourway.com and log into the “Win Your Way”
application. Select the Sweepstakes banner,
click “Get Started Now” and follow the instructions to accept these rules and
our privacy policy. Select “Adam Levine” brand page on ShopYourWay.com
to “Follow.” To “Follow” a brand, select a brand, open the brand profile page
and click “Follow.” If you are already following a brand you can
still receive an entry by clicking the “Unfollow” button and then “Follow” the
brand again. Then, add one (1) original image(s) to inspire
Adam (sketches, photo, artwork) on his “Adam Levine” brand page. To add an
image, select the “Photo” icon found on the top of the activity feed, brand
pages or friends’ Shop Your Way pages on the Shop Your Way website. Upload the
photo you would like to add. Images may not be obscene, pornographic, or
otherwise inconsistent with the Sponsor’s brand or image, and must adhere to
the submission requirements herein. Once completed, click the “Share” button to
add the image to the intended shopyourway.com page. Complete the foregoing steps to receive one
(1) entry into 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. Complete the foregoing
steps to receive one (1) entry into the Sweepstakes.
Additional Entries:
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 the “Inspire Adam Levine” 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 a 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 the
Inspire Adam Levine, 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 a pop-up window—and you are satisfied
with all the fields—hit the “Share Link” button to add to your Twitter feed.
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. 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
submit in connection with the Promotion. 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 up to (3) entries
total per person/Shop Your Way Rewards 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 Rewards
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 Rewards account. Each potential
winner may be required to show proof of being the Shop Your Way Rewards 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:
5. Drawing: Sponsor will randomly select one (1) potential Sweepstakes winner(s)
from all eligible entries received, on or around March 2, 2013. 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) 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 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. Winner(s) may
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. Please allow 4-6 weeks
for shipment of prize after confirmation.
6. Prize (1): One (1) winner(s)
will each receive one (1) guitar, autographed by Adam Levine. Approximate Retail Value:
(“ARV”): $250.00. ARV is as of date of 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(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.
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 Rewards account.
7. Release: By receipt of any prize, winner(s)
agrees to release and hold harmless Sponsor; its direct and
indirect subsidiaries, suppliers, distributors, advertising/promotion agencies,
and prize suppliers (if any); 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.
Winner acknowledges that Released Parties have
not made nor are in any manner responsible or liable for any warranty,
representation, or guarantee, express or implied, in fact or in law, relative
to any prize, including but not limited to its quality, mechanical condition or
fitness for a particular purpose. Any
and all warranties and/or guarantees on a prize (if any) are subject to the respective
manufacturers’ terms therefore, and winners agree to look solely to such
manufacturers for any such warranty and/or guarantee.
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 Rewards 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. 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 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.
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.
14. Entrant's Personal
Information:
Information collected from entrants is subject to Sponsor’s Privacy Policy found
at www.sears.com/shc/s/nb_10153_12605_NB_CSprivacy?adCell=AF. 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 promotion is in no way sponsored,
endorsed or administered by, or associated with, Facebook or Twitter.