Shop Your Way Kmart Pepsi Football Frenzy 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 (“SYW”) “Kmart Pepsi Football Frenzy 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 thirteen (13) 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 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 January 8, 2016 at 12:00:01 am Central Standard Time (“CST”) and ends on February 5, 2016 at 11:59:59 pm CST (the “Promotion Period”).
Limit one (1) Sweepstakes Entry per person per day and up to twenty-nine (29) 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 twenty-nine (29) 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 CST and ends at 11:59:59 pm CST the same calendar day.
Additional Sweepstakes Entries: Once entrants complete an Entry Method described above, each entrant may earn up to twenty-eight (28) total additional Sweepstakes entries (“Additional Sweepstakes Entries”) during the Promotion Period as follows:
· 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 fifty-eight (58) Sweepstakes Entries and up to twenty-eight (28) 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 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:
5. Drawing: Sponsor will randomly select one (1) potential Grand Prize Winner and five hundred (500) First Prize Winners from all eligible entries received on or around February 6, 2016. The potential Prize Winners 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 Prize Winners are 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 Sponsor, and, where lawful, an unaltered Publicity Release within seven (7) days of prize notification. If a potential Prize Winner is found not to be eligible or not in compliance with these Official Rules, if attempted notification or a 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. In the event that a first potential Prize 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 winner(s) will be notified via email and/or telephone. Alternate winner(s) must respond to winner notification within forty-eight (48) hours of the time notification is sent. If a 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 prize. Sponsor will provide the Prize Winners with a W-9 which each winner must complete and return to Sponsor for tax reporting purposes or prize may be forfeited, in Sponsor’s sole discretion. Grand Prize Winner will be issued an IRS 1099 form. First Prize 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 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 is not verified, Sponsor reserves the right to reverse point award posted to that member’s account. First Prizes will be credited to SYW Accounts within approximately ten (10) weeks after the verification of the winners.
6. Five Hundred and One (501) Prizes and their approximate retail values (“ARV”): One (1) Grand Prize: One (1) Winner will receive one (1) one Samsung 55” class-curved 4K UHD LED Smart TV designated by Sponsor. ARV of Grand Prize: $1,499.99; and Five Hundred (500) First Prizes: Five hundred (500) Winners will each receive five thousand (5,000) Shop Your Way Surprise Points (XR) points redeemable for Pepsi and Frito-Lay products available in-store at participating Kmart Stores only. ARV of each First Prize: $5.00. Total ARV of all Prizes: $3,999.99.Receipt, use and redemption of points are subject to the terms and conditions at www.shopyourway.com/sywr-terms-of-service. Shop Your Way Surprise points are not redeemable at kmart.com. First Prizes must be redeemed within fourteen (14) days from the date the Shop Your Way Surprise points were deposited into corresponding Prize Winner’s account. 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. Prizes are non-transferable, are not redeemable for cash, and no substitutions 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.
Exact version/model 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 winners agree to look solely to such manufacturers for any such warranty and/or guarantee.
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 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 a Prize, each 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) 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 and its 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. 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 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 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. Each Prize Winner hereby waives in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that winner may now or later have to their Content. Sponsor reserves the right to alter, change or modify the winning Content, in its sole discretion. Upon request of Sponsor, winner shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Content and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment.
10. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the 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 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, 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.
15. Winners List: To obtain a Winners List, visit http://www.shopyourway.com/tag/sweeps-on-shop-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