Craftsman Club 25th Anniversary 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: The Craftsman Club 25th Anniversary Sweepstakes” (the “Sweepstakes”) is open only to individuals who at the time of entry are: (i) legal residents of the fifty (50) United States and the District of Columbia; (ii) at least eighteen (18) years old; (iii) a Craftsman Club Member; and (iv) a Shop Your Way (“SYW”) Email Member (members who have provided Sponsor with a valid email address and are currently opted in to receive promotional emails from SYW). To become a Craftsman Club member at no cost, visit http://www.Craftsman.com. To become a SYW member at no cost, visit http://www.shopyourway.com. Employees of Sears Holdings Management Corporation, and its direct and indirect subsidiaries who hold a position of Divisional Vice President (e.g., Vice Presidents, Senior Vice Presidents, etc.) or higher and General Motors, LLC., 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 August 15, 2016 at 12:00:01 am Central Standard Time (“CST”), and ends on October 16, 2016 at 11:59:59 pm Central Daylight Savings Time (“CDT”) (the “Promotion Period”). 

 

4. How To Enter: During the Promotion Period, (i) go to www.Craftsman.com and complete the online entry form and become a Craftsman Club member for FREE. To complete the online entry form, entrants will be required to submit their complete name, zip code, a valid email address and telephone number and agree to become a Craftsman Club member for FREE. When you sign up for Craftsman Club or if you are already a Craftsman Club member, you are automatically enrolled as a Shop Your Way Email Member; and (ii) 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) distinct Poll question will appear in a pop-up module on-screen. Answer the Poll question that appears on-screen. Your answer will not be judged. Complete these foregoing steps (collectively, i and ii) to receive one (1) Primary Entry (“Primary Entry”) into the Sweepstakes. If you are already a Craftsman Club Member at the time of entry, you will be asked to submit your email identification number and password that is registered with Craftsman Club. The Sweepstakes is limited to one (1) Primary Entry per person/per email address/SYW Member. If entering this Sweepstakes with a mobile device, standard carrier-specific wireless rates and all applicable taxes may apply depending upon the entrant’s wireless pricing plan. Other carrier-specific rates and applicable taxes may also apply in accordance with entrant’s wireless customer agreement. Wireless Entry may be limited and may not be available through all wireless carriers. Wireless and Online Entries hereinafter referred to individually as an “Entry” or collectively as “Entries”. All Entries must be received by 11:59:59 PM CDT on October 16, 2016. Sponsor is not responsible for late, lost, incorrect, illegible, incomplete, mutilated, misaddressed, or otherwise misdirected Entries, Entries that are processed late or are lost due to computer or electronic malfunction or other error. Your Entry constitutes your consent to participate in this Sweepstakes and your consent for Sponsor to obtain and deliver your name, e-mail address and other information to the Administrator for the purpose of administering this Sweepstakes and for other uses by Sponsor as permitted by applicable law. All Entries become the property of the Sponsor upon submission and will not be acknowledged or returned and the Sponsor has the right to dispose of the Entries at Sponsor’s discretion. By submitting an Entry, each Entrant agrees to abide by the terms of these Official Rules and the Sponsor’s Privacy Policy available at http://www.craftsman.com/privacypolicy and sears.com/privacypolicy.

 

 

No purchase of any product is necessary to enter or win.

 

Additional Sweepstakes Entries: Once entrants complete the Primary Entry method described above, each entrant may earn up to one hundred seventeen (117) total additional Sweepstakes entries (“Additional Sweepstakes Entries”) during the Promotion Period as follows: 

 

 

§  Enter Sweeps Code from the “Craftsman Club” Topic Page (Earn up to twenty (20) Additional Sweepstakes Entries): Once you successfully enter the Sweepstakes by completing the Primary Entry method as described above, you can earn Additional Sweepstakes Entries by submitting Sweeps Codes. You can obtain Sweeps Codes by going to the “Craftsman Club” Topic Page on the Shop Your Way website at http://www.shopyourway.com/craftsmanclub during the Promotion Period. Copy a Sweeps Code and paste the code into the Sweeps Code field provided at Shopyourway.com and click the "Go" button. You will only receive one (1) Additional Sweepstakes Entry regardless of how many times you enter the same Sweeps Code.

 

·        Watch the Craftsman Club: Your Source For DIY Projects and Ideas for 25 Years Video (Earn one (1) Additional Sweepstakes Entry): Once you successfully enter the Sweepstakes by completing the Primary Entry method as described above, you can earn one (1) Additional Sweepstakes Entry by watching the “Craftsman Club: Your Source For DIY Projects and Ideas for 25 Years Video that appears in the pop-up screen. Watch the entire Video and when prompted, click “Continue”. You must watch the entire video for the “Continue” button to appear.

 

·          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. 

 

·        Play the Craftsman Club 25th Anniversary Instant Win Game: (Earn up to sixty-eight (68) Additional Entries): Once you successfully enter the Sweepstakes by completing the Primary Entry method as described above, you can earn Additional Sweepstakes Entries by playing the Craftsman Club 25th Anniversary Instant Win Game. To play, go to http://s.syw.net/craftsmanwin during the Promotion Period. Limit one (1) Game Play per person per day and up to five (5) Bonus Game Plays for a total of up to sixty-eight (68) Additional Sweepstakes Entries per person via the Craftsman Club 25th Anniversary Instant Win Game during the Promotion Period. For purposes of these Official Rules, a “Day” begins at 12:00:01 am CDT and ends at 11:59:59 pm CDT the same calendar day.

 

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 one (1) Primary Entry per person/Craftsman Club member and up to one hundred seventeen (117) Additional Sweepstakes Entries during the Promotion Period.

 

The use of automated devices is not valid for Entry. Any Entry that is submitted with the use of an automated device will be void. 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 Craftsman Club account and/or 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 Craftsman Club account and Shop Your Way account. Potential Grand Prize Winner may be required to show proof of being the Craftsman Club and/or 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:

 

 

 

 

 

 

 

 

 

CONTENT POSTED TO THE WEBSITE OR THE YOUTUBE WEBSITE IS NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER.  Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants.  Sponsor reserves the right to waive the Contest submission requirements set forth herein in its reasonable discretion.

 

BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT HIS/HER ENTRY AND CONTENT MAY BE POSTED ON SPONSOR’S WEBSITE OR ELSEWHERE ON THE INTERNET AS AUTHORIZED BY SPONSOR, IN SPONSOR’S DISCRETION.  Submission of Content grants Sponsor and its agents an unlimited, worldwide, perpetual, license and right to publish, use, publicly perform the Content in any way, in any and all media, without limitation, and without consideration to the entrant. 

 

5. Drawing: Sponsor will randomly select twenty-five (25) potential Grand Prize Winners from all eligible entries received on or around October 17, 2016. The potential Grand Prize Winners will be notified by email. Odds of winning a prize depend on the number of eligible entries received. 

 

Potential Grand Prize Winners are subject to verification. Potential Grand Prize Winners 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 three (3) days of prize notification. If a 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 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 Grand 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 potential Grand Prize Winner(s) will be notified via email and/or telephone. Alternate Potential Grand Prize Winner(s) must respond to winner notification within forty-eight (48) hours of the time notification is sent. If a alternate Potential Grand Prize Winner responds that she/he is prepared to accept the prize, she/he 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 three (3) days of the date Sponsor sends such Affidavit and Release. Failure by an alternate Potential Grand Prize 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 Grand Prize Winners with a W-9 which winners must complete and return to Sponsor for tax reporting purposes or prize may be forfeited, in Sponsor’s sole discretion. Grand Prize Winners will be issued an IRS 1099 form. If a Grand Prize is 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. Twenty-Five Grand Prizes: Twenty-Five (25) Winners will each receive one (1) trip for Grand Prize Winner and one (1) Guest to the AAA Texas 500 on November 6, 2016 in Dallas, Texas consisting of (i) round-trip, economy class air transportation for the winner and one (1) guest from the major commercial airport nearest winner’s residence to Dallas, Texas; (ii) hotel accommodations for two (2) nights (one (1) standard double occupancy room, room and tax only) at a hotel designated by Sponsor; (iii) round-trip ground transportation between airport and hotel in Dallas, Texas; (iv) round-trip ground transportation between hotel and Chevrolet Silverado 1500 Key Turning Ceremony and Texas Motor Speedway (v) two (2) tickets to the AAA Texas 500 on November 6, 2016; (vi) VIP access for Grand Prize Winner and one (1) Guest prior to the designated Race and (vii) the opportunity to participate in the  Chevy Silverado 1500 Key Turning Ceremony prior to the designated Race on November 6, 2016 (i, ii, iii, iv, v, vi and vii, collectively, “Grand Prize Trip”). The approximate retail value (“ARV”) of each Grand Prize Trip: up to $3,000.00. The ARV of each Grand Prize Trip may vary depending upon the point of departure and/or airline fare fluctuations. Any difference between stated ARV and actual ARV of the Grand Prize Trip will not be awarded. All Grand Prize Trip details not specified in the Official Rules will be determined in Sponsor’s sole and absolute discretion. Seating will be designated by Sponsor. Selection of the airline, departure airport and arrival airport are solely within Sponsor’s sole discretion. Grand Prize Winners must depart and return on dates designated by Sponsor or Grand Prize Winner forfeits the Grand Prize. In the event, for whatever reason the AAA Texas 500 scheduled for November 6, 2016 is cancelled or postponed prior to a winner’s travel departure or during the trip, the two (2) tickets and the VIP Access prior the AAA Texas 500 will not be provided and no additional compensation will be provided. Each Grand Prize Winner is solely responsible for any and all expenses and incidental travel costs not expressly stated in the Grand Prize Trip description herein, including but not limited to, all ground transportation not stated herein, in-room charges (e.g., mini-bar, room service, telephone, movies, etc.), meals, beverages, gratuities, gasoline, parking, tolls, souvenirs, insurance, travel upgrades, baggage fees, and personal incidentals. Each Grand Prize Winner will be required to provide a valid credit card at the time of hotel check-in and will be solely responsible for any and all charges to a Grand Prize Winner’s hotel room during his/her Trip. Each Grand Prize Winner is responsible for any air travel taxes and/or expenses, including applicable departure taxes or fees, inspection charges, and security charges. Once issued, airline tickets are nontransferable and may not be reissued once travel has commenced. Open tickets may not be issued and stopovers are not permitted. In the event a Grand Prize Winner’s resides within one hundred fifty (150) miles from the Dallas, TX, Sponsor will provide round-trip ground transportation between Grand Prize Winner’s residence and Dallas, Texas at the sole discretion of the Sponsor and the difference in value between the round-trip air transportation and the round-trip ground transportation will not be provided to that Grand Prize Winner. Travel arrangements must be made through Sponsor and travel dates and arrangements are subject to air travel, holiday, blackout dates, availability and other prize and travel restrictions. All Grand Prize elements must be redeemed at the same time. Guests must execute liability/publicity releases prior to issuance of travel documents. Each Grand Prize Winner and his/her Guests must travel on the same itinerary. In the event a Guest is considered a minor, that Guest must travel with a parent or legal guardian on the trip. Guest’s parent or legal guardian will be solely responsible for any costs incurred as a result of a parent or legal guardian traveling with a Guest, if required. Travel is subject to terms and conditions set forth in these Official Rules and those set forth by selected travel providers, availability may vary, and material restrictions may apply. Each Grand Prize Winner and each guest will be solely responsible for obtaining a valid U.S. Government issued identification prior to travel and any associated costs for these requirements. Sponsor and Travel Providers 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, such as changes in services or accommodations necessitated by same. Sponsor and Travel Providers shall not be liable for any loss or damage to baggage or other items. If a Grand Prize Winner is unable to or cannot otherwise fully enjoy the prize due to any reason, Sponsor shall have the option at its sole discretion of being relieved of liability for fulfillment of that Grand Prize award, and no other compensation in lieu of that Grand Prize will be awarded.  Grand Prize Winner and his/her guests are responsible for obtaining their 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.

 

7. Chevy Silverado 1500 Key Turning Ceremony: Prior to the AAA Texas 500 on November 6, 2016, each Grand Prize Winner will have the opportunity to participate in the Chevy Silverado 1500 Key Turning Ceremony that will take place at a venue designated by Sponsor (“Grand Prize Event”).  During the Chevy Silverado 1500 Key Turning Ceremony, each Grand Prize Winner will select one (1) Key from the designated display. The order in which Grand Prize Winners select a Key will be at the sole discretion of the Sponsor. Each Grand Prize Winner will have the opportunity to take his/her selected Key and try to turn on the ignition of the Chevy Silverado 1500 on display at the designated Grand Prize Event. The first Grand Prize Winner to successfully start the ignition of the Chevy Silverado 1500 on display at the Grand Prize Event will be deemed the “Ultimate Grand Prize Winner”.

 

All twenty-five (25) Grand Prize Winners will be required to participate in the Grand Prize Event order to receive a chance of winning the 2017 Chevy Silverado 1500. In the event a Grand Prize Winner is able to travel on the Grand Prize Trip but unable to attend the designated Grand Prize Event, that Grand Prize Winner forfeits the opportunity to participate in the Key Turning Ceremony and the chance of winning the 2017 Chevy Silverado 1500.

 

8. One (1) Ultimate Grand Prize: One (1) Grand Prize Winner will receive the Ultimate Grand Prize consisting of one (1) 2017 base model Chevrolet Silverado 1500 Truck with a manufacturer suggested retail price (“MSRP”) up to $28,390, one (1) Craftsman Full Size Deep Crossover Truck Box designated by Sponsor and one (1) check in the amount of ten thousand one hundred dollars ($10,100) made payable to the Ultimate Grand Prize Winner’s order to help pay for applicable sales tax, tag, title, registration, license, insurance and emissions (if applicable) fees required to take possession of the vehicle at a Chevrolet dealer designated by Sponsor. The combined value of the Ultimate Grand Prize: up to $38,844.99. Ultimate Grand Prize Winner is responsible for routine maintenance of the vehicle. Vehicle will be delivered with standard equipment; any upgrades and options are at the sole expense of the Ultimate Grand Prize Winner. Color, package, factory options, and other prize specifics to be determined by Sponsor and are subject to availability, and any upgrades to any of the foregoing will be at Ultimate Grand Prize Winner’s sole expense. The Ultimate Grand Prize Winner will be solely responsible for any additional costs associated with the Vehicle, including, without limitation, all federal, state and local taxes on the vehicle, title, tax, license, PDI (pre-destination inspection), registration, shipping, insurance, and any additional accessories and options as agreed to between winner and the authorized Chevrolet dealership location at which the Vehicle will be delivered, as determined by the Sponsor in its sole discretion. Ultimate Grand Prize Winner will be responsible for all other expenses relating to the receipt and use of the vehicle, including any travel and transportation costs associated with collecting the vehicle.  All other costs not specifically stated herein as being awarded are the responsibility of the Ultimate Grand Prize Winner. Ultimate Grand Prize Winner must take delivery of the vehicle at a time and location determined in the sole discretion of the Sponsor (Sponsor will endeavor, as a courtesy, to select a Chevrolet dealership close to the residence of the Ultimate Grand Prize Winner, as determined by Sponsor in its sole discretion). Ultimate Grand Prize Winner (or such winner’s parent or legal guardian, if applicable) must have proof of a valid U.S. driver’s license from their state or place of residence in the United States and valid vehicle insurance to take delivery of vehicle; failure to show same may result in forfeiture of the Ultimate Grand Prize. At time of award of Vehicle, Ultimate Grand Prize Winner (i) will assume full ownership of and responsibility for the Vehicle; (ii) will be required to sign various documents involving the Vehicle; and (iii) must furnish proof of residence, a valid driver’s license as required by the law of the Ultimate Grand Prize Winner’s jurisdiction of residence and of the jurisdiction of pickup and any required insurance coverage.  Ultimate Grand Prize Winner is solely responsible for determining the class of license necessary to legally operate the prize Vehicle. Ultimate Grand Prize Winner is solely responsible for complying with any applicable federal, state and/or local laws and regulations applicable to the Vehicle, including without limitation registration requirements and operating restrictions. Sponsor reserves the right to withhold delivery of the Vehicle if the Ultimate Grand Prize Winner does not comply with the above requirements and Ultimate Grand Prize may be forfeited, in Sponsor's discretion, by Ultimate Grand Prize Winner’s such noncompliance. Ultimate Grand Prize Winner will be provided instructions to obtain his/her vehicle. Ultimate Grand Prize Winner must take delivery of Vehicle within the time frame specified by the Sponsor or will forfeit such portion of the prize. Sponsor reserves the right to substitute package, trim level, options or model year for any reason in Sponsor’s sole discretion. Sponsor does not make, nor in any manner is responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Vehicle including but not limited to its quality, fitness for purpose or mechanical condition. The ARV of all prizes: up to $113,845. The ARV of the Grand Prizes and the Ultimate Grand Prize are determined as of the date of the 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. Grand Prizes and Ultimate Grand Prize 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. 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 Grand Prize Winner and Ultimate Grand 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.

 

9. Release: By receipt of the Ultimate Grand Prize, Ultimate Grand Prize Winner agrees to release and hold harmless Sponsor, General Motors, LLC., and their direct and indirect subsidiaries, suppliers, distributors, advertising/promotion agencies, and prize suppliers (if any) including 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.

10. Publicity: Except where prohibited, participation in the Sweepstakes constitutes a Prize 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. Prize Winner’s names and likenesses may be published on Shop Your Way website, in Sponsor’s sole discretion.

 

11. 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, Ultimate Grand Prize Winner and each Grand Prize Winner agree 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.  Ultimate Grand Prize Winner and each Grand 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.   

 

12. 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.

 

13. 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.

14. 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.

 

15. 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.

 

16. 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 not to Facebook or Twitter.

 

17. Winners List: To obtain the names of the Winners, 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.

 

Chevrolet Silverado 1500® is a trademark of General Motors, LLC.

 

This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or General Motors, LLC.