Shop Your Way Get Fit Winner’s Choice 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”) “Get Fit Winner’s Choice Sweepstakes” (the “Sweepstakes”) is open only to individuals who are: (i) legal residents of the fifty (50) United States (excluding Rhode Island residents) 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 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, as well as its immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible to enter or win. Sponsor’s employees must be in good standing as determined by Sponsor’s human resources department at the time of entry and prize award.
The Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void in Rhode Island and where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Sponsor: Sears Holdings Management Corporation, 3333 Beverly Rd., Hoffman Estates, IL 60179.
3. Timing: The Sweepstakes begins at 12:00:01 AM Central Time (“CT”) on August 1, 2017 and ends at 11:59:59 PM CT on August 31, 2017 (“Promotion Period”).
Additional Sweepstakes Entries: Once entrants complete the Sweepstakes entry method described above, each entrant may earn up to twenty-seven (27) 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 SYW. 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 SYW. 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.
No purchase of any product is necessary.
If the Sweepstakes permits Entry or an Additional Sweepstakes Entry by sharing the Sweepstakes on Facebook and/or Twitter, such share must include the hashtag #Sweepstakes in order to be eligible for the Sweepstakes. Entries via a share method that do not include the required hashtag will not receive entry into the Sweepstakes. Individuals (and his/her entries) that do not include the hashtag #Sweepstakes in their Facebook and/or Twitter share may be disqualified, as determined by Sponsor in its sole discretion.
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 from any claims to the contrary.
Limit: Limit one (1) Sweepstakes entry and up to twenty-seven (27) Additional Sweepstakes Entries per person/SYW 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 SYW account used to register will be deemed to be the entrant. The “authorized account holder” is the natural person assigned to the SYW account. Potential winner may be required to show proof of being the SYW account holder.
One (1) Shop Your Way account per person. You shall only enter this Sweepstakes via your SYW account and cannot enter this, or any other SYW sweepstakes, game, or contest on behalf of any other person/account holder and no other person can enter for you. If it is discovered that you have entered this, or any other, SYW sweepstakes, game, or contest via another member’s SYW account or another SYW member has entered this, or any other, SYW sweepstakes, game, or contest using your SWY account, such individuals shall be disqualified and any and all points and prizes shall be forfeited by both parties (all as determined by Sponsor in it sole discretion). You are entitled to only one SYW Member Number and one SYW Points account. If you have more than one (1) SYW account, Sponsor may, in its sole discretion, combine your accounts into one SYW Points account. Sponsor also reserves the right to close accounts at any time in its sole discretion.
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 cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any materially dangerous activity;
· Content cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
· Content cannot be obscene or offensive, endorse any form of hate or hate group;
· Content cannot defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies;
· Content cannot infringe trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind (other than products contained in your entry), or contain any personal identification other than entrants;
· Content cannot infringe copyrighted materials owned by others;
· Content cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and
· Content cannot depict, and cannot itself, be in violation of any law.
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. Random Drawing: Sponsor will randomly select one (1) potential Grand Prize Winner from all eligible entries received during the Promotion Period on or about September 1, 2017. The potential Grand Prize Winner will be notified by a newsfeed story, on www.shopyourway.com/SweepsSYW, and/or by email. Odds of winning a prize depend on the number of eligible entries received.
The 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 Sponsor, 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 any prize is returned as undeliverable, if any required documents are not returned within the required number of days, if the potential Prize Winner cannot be verified, or if the potential Prize Winner is otherwise unable or unwilling to accept and claim the prize as stated, then the potential Prize Winner will be disqualified and his/her prize may be forfeited. In the event the 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 Prize 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 potential 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 may provide the Prize Winner with a W-9 which winner must complete and return to Sponsor for tax reporting purposes or prize may be forfeited, in Sponsor’s sole discretion. Prize Winner may be issued an IRS 1099 form. If the 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. Please allow 4-6 weeks for shipment of Grand Prize after the Grand Prize Winner’s confirmation.
6. One (1) Grand Prize: One (1) Winner will receive the SYW Fitness product that he/she selected in the pop-up screen required for entry in this Sweepstakes that has an advertised value stated between eight hundred dollars ($800) and up to a maximum retail value of one thousand dollars ($1,000). Grand Prize awarded will be designated by Sponsor, is subject to availability and retail price verification and at Sponsor’s discretion. Once the Grand Prize Winner’s SYW Fitness product is ordered by Sponsor, Grand Prize Winner cannot make any changes. Sponsor reserves the right to dispute the stated retail value of any SYW Fitness product selected that is not sold at any Sears Store or Kmart Store, or online at sears.com or kmart.com. In the event of a dispute of the retail value of the SYW Fitness product listed in the Grand Prize Winner’s Entry, Sponsor reserves the right to award, in lieu of that corresponding product, the equivalent of the retail value of that product stated online at sears.com or kmart.com up to one million (1,000,000) Shop Your Way points at its sole discretion. The approximate retail value (“ARV”) of the one million (1,000,000) Shop Your Way points: $1,000.00. ARV of Grand Prize: up to $1,000. The ARV is 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. 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 a prize for one of equal or greater value if the designated prize should become unavailable for any reason. 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.
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 winner agrees to look solely to such manufacturers for any such warranty and/or guarantee.
Grand 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. For any winner who receives a total of prizes valued at $600 or more in any calendar year, winner will receive a form IRS Form 1099-MISC in the following calendar year, which effective for prizes won by Sears Associates as of August 1, 2017, includes winners who are associates of Sears Holding Management Corporation or its direct and indirect subsidiaries (“Sears Associates”).”
7. Release: By receipt of the Grand Prize, Grand 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), and each of their respective parent companies and each such company’s officers, directors, employees and agents; Facebook, Inc.; and Twitter Inc. (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes or receipt or use or misuse of any prize and/or use of the Content.
8. Publicity: Except where prohibited, participation in the Sweepstakes constitutes the winner’s consent to Sponsor’s and its agents’ use of a 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 SYW 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 the 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. 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 prize 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. Name of Winner: For a winners list, click See Winners. All requests must be received within 30 days of end date of Sweepstakes. 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.