Shop Your Way Upgrade To KitchenAid
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 (“SYW”) “Upgrade To
KitchenAid Sweepstakes” (the “Sweepstakes”) 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 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 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 and Whirlpool Corporation 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. Sears’ Holdings
Management Corporation employees must be in good standing as determined by its 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 Administrator’s
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: Whirlpool Corporation, 2000 N. M63 Road, Benton Harbor, MI 49022.
Administrator: Sears Holdings Management Corporation, 3333 Beverly Road, Hoffman Estates, IL 60179
3.
Timing: The
Sweepstakes begins on September 5, 2015 at 12:00:01 am Central Daylight Savings
Time (“CDT”), and ends on December 5, 2015 at 11:59:59 pm Central Standard Time
(“CST”) (the “Promotion Period”).
4.
How to Submit an Entry: There are two (2) ways to enter. (A) REGULAR
SWEEPSTAKES ENTRY METHOD: During
the Promotion Period, (i) Log into www.shopyourway.com, click “Get Started Now” and follow
the instructions to accept these Official Rules and our privacy policy. Once
you click “Get Started,” one (1) Video will appear in a pop-up module on-screen; (ii)
Watch the Video entirely and, when prompted, click “Continue” at the end of the
video; and (iii) Follow the “KitchenAid” Rewards Partner Page on the SYW
website at http://www.shopyourway.com/kitchenaid. To “Follow” the “KitchenAid” Rewards
Partner Page, search for the “KitchenAid” Rewards Partner in the search bar (brands
will be labeled accordingly), select the
Rewards Partner you wish to “Follow,” and click it to open the “KitchenAid” Rewards
Partner’s SYW page. Once on the “KitchenAid”
Rewards Partner page, click the “Follow” button. Complete these foregoing steps
(collectively, i, ii and iii) to receive one (1) entry into the Sweepstakes (“Regular
Sweepstakes Entry Method”); OR (B) EARN ENTRY WHEN YOU PLAY THE “UPGRADE TO
KITCHENAID INSTANT WIN GAME”: During the Promotion
Period, each time you enter the Daily “Upgrade To KitchenAid Instant Win Game”
you will receive one (1) entry into the Sweepstakes (“Game Play Entry
Method”). For
complete “Upgrade to KitchenAid Instant Win Game” Official Rules, click here (http://s.syw.net/rules/WinKitchenAid). No purchase of
any product is necessary to enter or win.
Limit
one (1) Sweepstakes Entry per person per day and up to ninety-two (92)
Sweepstakes Entries per person via the Regular Sweepstakes Entry Method during
the Promotion Period. Limit one (1) Game Play Entry per person per day and up
to ninety-two (92) Sweepstakes Entries per person via the Game Play Entry
Method during the Promotion Period. For purposes of these Official Rules, a
“Day” begins at 12:00:01 am CDT/CST and ends at 11:59:59 pm CDT/CST the same
calendar day.
Additional
Sweepstakes Entries: Once
entrants complete an Entry Method described above, each entrant may earn up to eighty-five
(85) total additional Sweepstakes entries (“Additional Sweepstakes Entries”)
during the Promotion Period as follows:
· Watch A KitchenAid Video (Earn one (1) Additional Sweepstakes Entry): Select “Watch a Video” from the Additional Entry pull down menu and a video will appear on screen. Watch the entire KitchenAid video and, when prompted, click “Continue” at the end of the video to receive one (1) Additional Sweepstakes Entry. You must watch the entire video for the “Continue” button to appear.
· Watch A KitchenAid Video (Earn one (1) Additional Sweepstakes Entry): Select “Watch a Video” from the Additional Entry pull down menu and a video will appear on screen. Watch the entire KitchenAid video and, when prompted, click “Continue” at the end of the video to receive one (1) Additional Sweepstakes Entry. You must watch the entire video for the “Continue” button to appear.
· Watch A KitchenAid Video (Earn one (1) Additional Sweepstakes Entry): Select “Watch a Video” from the Additional Entry pull down menu and a video will appear on screen. Watch the entire KitchenAid video and, when prompted, click “Continue” at the end of the video to receive one (1) Additional Sweepstakes Entry. You must watch the entire video for the “Continue” button to appear.
· Enter Sweeps Code From KitchenAid Rewards Partner Page (Earn up to fifty (50) Additional Sweepstakes Entries): Once you successfully enter the Sweepstakes by completing an Entry Method as described above, fifty (50) Sweeps Codes will be available at the KitchenAid Rewards Partner Page (http://www.shopyourway.com/kitchenaid) during the Promotion Period. Enter one (1) Sweeps Code into the "Enter Sweeps Code" field, and click the "Go" button to receive one (1) Additional Sweepstakes Entry. You will only receive one (1) Additional Sweepstakes Entry regardless of how many times you enter the same Sweeps Code.
·
Answer two (2) Poll Questions (Earn one
(1) Additional Sweepstakes Entry): Click
on the “Additional Entries” button and two distinct Poll questions will appear
in a pop-up module on-screen. You must answer the two (2) Poll Questions to
receive one (1) Additional Sweepstakes Entry.
·
Like a KitchenAid Product (Earn one
(1) Additional Sweepstakes Entry):
Go to the KitchenAid Rewards Partner page on the SYW website at http://www.shopyourway.com/kitchenaid and choose one (1) KitchenAid
product you would love to see in your Kitchen and press “Like It” to receive
one (1) Additional Sweepstakes Entry. To “Like” a product, either (a) hover
over the desired product image and select the “Like It” button, or (b) click on
the desired product image to open the product description page and select “Like
It.” You will only receive one (1) Additional Sweepstakes Entry regardless if
you “Like” more than one (1) KitchenAid product.
·
Post an Image on the KitchenAid Rewards
Partner Page (Earn one (1) Additional Sweepstakes Entry): Add one (1) original image of your
favorite recipe you would bake/cook/create with your NEW line of KitchenAid
appliances on the KitchenAid Rewards Partner Page at
http://www.shopyourway.com/kitchenaid to receive one (1) Additional Sweepstakes
Entry. To add an image, go to the KitchenAid Rewards Partner Page and click
“What’s on your mind?” under the “Recent Activity” tab. When the image
icon option appears, click on it, and then click “Select Photo” button.
Finally, click the “Upload an Image” button, upload the photo you would like to
add and click “Set Image.” Images may not be obscene, pornographic, or
otherwise inconsistent with the Sponsor’s brand or image, and must adhere to
the submission requirements herein. You will only receive one (1) Additional
Sweepstakes Entry regardless of how many images you add.
·
Post
a Comment on the KitchenAid Rewards Partner Page (Earn one (1) Additional
Sweepstakes Entry): Go
to http://www.shopyourway.com/kitchenaidand post a comment about why you
love the KitchenAid Brand to receive one (1) Additional Sweepstakes
Entry. To add a comment, go to the KitchenAid Rewards Partner page and
click “What’s on your mind?” under the “Recent Activity” tab. Then, type
in your comment (up to 500 characters) and hit the “Share” button. Your comment
will appear on the KitchenAid Rewards Partner page and in your “Recent
Activity.” You will only receive one (1) Additional Sweepstakes Entry
regardless of how many comments you post.
· Share the Sweepstakes on Facebook (Earn one (1) Additional Sweepstakes Entry): 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. You will only receive one (1) Additional Sweepstakes Entry for sharing the Sweepstakes on Facebook regardless of how many times you share the Sweepstakes.
·
Share the Sweepstakes on Twitter (Earn
one (1) Additional Sweepstakes Entry):
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
Sweepstakes Entry for sharing the Sweepstakes on Twitter regardless of how many
times you share the Sweepstakes.
·
Referral Boost (Earn up to twenty-five (25)
Additional Sweepstakes Entries): You will receive one (1) Additional Sweepstakes
Entry for each eligible person that successfully enters the Sweepstakes using
your unique URL. To access your unique URL for this Sweepstakes, click the
“Additional Entries” button. A menu will then appear with a box that states
“Your Unique URL” and a hyperlink. This hyperlink is your unique URL. Copy and
paste this URL into any external website, email, social media channel, or blog
to send/share with your friends. You must have a personal relationship with any
person you email or directly contact with your unique URL. You will receive one
(1) Additional Sweepstakes Entry for each eligible user that successfully
enters the Sweepstakes during the Promotion Period using your unique
URL. Limit of twenty-five (25) total Additional Sweepstakes Entries via Referral
Boost, regardless of how many people enter the Sweepstakes via your unique URL
and regardless of the method used to refer.
As used herein,
“Content” refers to all information, materials or content
you may submit in
connection with the Sweepstakes, 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 (as defined in Section 7 of these
Official Rules) from any claims to the contrary.
Limit: Limit up to one hundred and eighty-four
(184) Sweepstakes Entries, and up to eighty-five (85) Additional Sweepstakes
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 Administrator’s discretion. Use of any automated system to
participate is prohibited and may result in disqualification, in Administrator’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 or Administrator under
any obligation, that Sponsor and Administrator are 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 and Administrator
do not waive any rights to use similar or related ideas previously known to
Sponsor or Administrator, 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: Administrator will randomly
select one (1) potential Grand Prize Winner from all eligible entries received
on or around December 6, 2015. The potential Grand Prize Winner will be
notified by a newsfeed story, on http://www.shopyourway.com/tag/sweeps-on-shop-your-way/1863996, and/or by email. Odds
of winning a prize depend on the number of eligible entries received.
Potential Grand Prize Winner
is subject to verification. Potential Grand Prize Winner will be required to
fully complete, sign and timely return an unaltered Affidavit of
Eligibility/Liability Release provided by Administrator, and, where lawful, an
unaltered Publicity Release within seven (7) days of prize notification. If the
potential Grand Prize Winner is found not to be eligible or not in compliance
with these Official Rules, if attempted notification or the 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 the
prize may be forfeited. In the event that the first potential Grand Prize Winner is
disqualified for any reason, the Administrator reserves the right (in its sole
and absolute discretion) to award the prize to an alternate winner. Alternate
winner will be notified via email and/or telephone. Alternate winner 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 Administrator, and, where lawful, an unaltered Publicity Release
within three (3) days of the date Administrator 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 prize. Administrator will provide the Grand Prize
Winner with a W-9 which winner must complete and return to Administrator for
tax reporting purposes or prize may be forfeited, in Administrator’s sole
discretion. Grand Prize Winner will 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) Grand Prize: One
(1) Winner will receive the following KitchenAid Appliances each designated by
Sponsor: one (1) KitchenAid® French Door Refrigerator (Model #KRMF706ESS)
valued at $3,999.00; one (1) KitchenAid® Slide-In Range (Model #KSDB900ESS,
valued at $2,949.00; one (1) KitchenAid® Dishwasher (Model #KDTM704ESS) valued
$1,849.00; and one (1) KitchenAid® Microwave (Model #KMHP519ESS) valued at
$1,149.00. The total approximate retail
value (“ARV”) of Grand Prize: $9,946.00. The ARV of each prize is determined as of the
date of the printing of these Official Rules. The difference in value of a 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 the prize for one of equal
or greater value if the designated prize should become unavailable for any
reason.
Exact versions/models will be determined in Sponsor’s sole
discretion. Grand 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 winner
agrees to look solely to such manufacturers for any such warranty and/or
guarantee.
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 Prize 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.
7. Release: By receipt of the Grand Prize, Prize
Winner agrees to release and hold harmless Sponsor and Administrator, and their
direct and indirect subsidiaries, suppliers, distributors,
advertising/promotion agencies, and prize suppliers (if any) including and each
of their respective parent companies and each such company’s officers,
directors, employees and agents; Facebook, Inc.; Twitter Inc.; and their parent,
affiliated, and subsidiary companies and each of their respective officers,
directors, employees, partners, agents, distributors, attorneys, dealers,
representatives, shareholders, members, managers, successors and assigns
(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 and/or use of the Content.
8. Publicity: Except where prohibited,
participation in the Sweepstakes constitutes a winner’s consent to Sponsor’s,
Administrator’s and their agents’ use of winner’s name, likeness, photograph,
voice, opinions and/or hometown, and state submitted (if any) 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 and Administrator’s sole discretion.
9. Ownership &
License: Providing Content
grants Sponsor and Administrator and their 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,
Grand 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 winner irrevocably assigns and transfers to Sponsor and
Administrator 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. Grand Prize Winner
hereby waives in favor of Sponsor and Administrator, 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 and Administrator reserve
the right to alter, change or modify the winning Content, in its sole
discretion. Upon request of Sponsor and/or Administrator, Grand Prize Winner
shall execute and deliver such additional instrument of assignment, as may be
solely deemed by Sponsor and/or Administrator, 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 or Administrator’s fail to
request the said assignment as stated, that shall not be deemed a waiver of
Sponsor’s and/or Administrator’s rights and Sponsor and/or Administrator may at
a later time request the assignment.
10. General
Conditions: Administrator
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 Administrator’s
reasonable control impairs the integrity or proper functioning of the
Sweepstakes, as determined by Administrator in its sole discretion. Administrator
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, Administrator reserves the right to seek damages from any such person to
the fullest extent permitted by law. Administrator’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, Administrator, 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, Administrator 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, Administrator 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 Administrator
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 Administrator 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 http://www.shopyourway.com/privacy-policy. You understand that you are
providing your information to Sponsor and Administrator and not to Facebook or
Twitter.
15. Name of Winner: To obtain the
name of the Winner, visit http://www.shopyourway.com/tag/sweeps-on-shop-your-way/1863996.The name of the winner 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.