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Shop Your Way More For Mom Contest

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 ABILITY TO WIN.

 

1. Eligibility: The Shop Your Way “More For Mom Contest” (the “Contest”) is open only to individuals who are: (i) legal residents of the forty-eight (48) contiguous 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/rewards. Employees of Sears Holdings Management Corporation, and its direct and indirect subsidiaries who hold a position of Divisional Vice President (e.g., Vice Presidents, Senior Vice Presidents, etc.) or higher as well as their immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible to enter or win. Sponsor’s employees must be in good standing as determined by Sponsor’s human resources department at the time of entry and prize award.

 

The Contest is subject to all applicable federal, state, and local laws and regulations and is void in Alaska, Hawaii 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 Contest. 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 Contest begins on April 8, 2015 at 12:00:01 AM Central Daylight Savings Time (“CDT”) and ends on May 10, 2015 at 11:59:59 PM CDT (the "Promotion Period").

 

4. How to Submit an Entry: During the Promotion Period, (i) Visit www.shopyourway.com/sweeps and log into the “Sweeps” application on Shop Your Way. Select the Contest banner, click “Get Started Now,” and follow the instructions to accept these Official Rules and our privacy policy; (ii) Go to the “More For Mom Contest Topic” page on the Shop Your Way website at http://www.shopyourway.com/tag/more-for-mom-contest/17082964 and upload one (1) original image of your Mom and (iii) Post a phrase in ten (10) words or less that describes her best. To add an image, go to the SYW “More For Mom Contest Topic” 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, add the up to ten (10) word phrase and click “Set Image.” Images and phrases may not be obscene, pornographic, or otherwise inconsistent with the Sponsor’s brand or image, and must adhere to the submission requirements herein. Complete these steps (collectively, i, ii and iii) to receive one (1) entry into the Sweepstakes. Content must be no larger than 3 MB in size, in the following file formats: .JPG, .PNG, .GIF, or .JPEG. No purchase of any product is necessary. 

 

As used herein, “Content” refers to all content you submit in connection with the Contest (e.g., the photo, content contained in the photo, description, tag names, etc.). Sponsor reserves the right to remove any Content that does not adhere to the submission requirements, as determined in Sponsor’s sole discretion, and/or disqualify the entrant.

 

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) entry 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. 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.

 

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.

 

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, 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 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.

 

5. Public Voting/Judging/Winner Notification: Each entry will appear on “More For Mom Contest” Topic page at the SYW the website from April 8, 2015 at 12:00:01 AM CDT to May 10, 2015 at 11:59:59 PM CDT (the “Voting Period”). Notwithstanding the foregoing, the Voting Period shall be subject to modification by Sponsor as Sponsor may reasonably require. In the event of modification, Sponsor shall post notice of the modified Voting Period on the website. The public will be invited to vote for an entry by “Liking” the entry that he or she believes is the most creative entry on the Website. To “Like” an entry, click on “Like” just below the Photo and Phrase. Each individual may “Like” as many entries as they wish, but each individual may only “Like” each entry one (1) time during the entire Voting Period. For the purposes of this Contest, a “day” shall be defined as 12:00:01 AM CDT to 11:59:59 PM CDT the same calendar day. If more than one (1) “Like” is received from the same person, Shop Your Way account, and/or email address for a given entry, all “Likes” from said person or email address will be disregarded. Sponsor reserves the right to void all “Likes” made through any script, macro, robotic, automatic, mechanical, programmed or similar duplication method. “Like” counts are not official until verified by the Sponsor, in its reasonable discretion. Any attempt by the entrant and/or its respective family/friends to “Like” more than the number of times authorized herein, using multiple names and/or email addresses and/or any other fraudulent mechanism, as determined by the Sponsor in its sole discretion, shall give the Sponsor the right to disqualify the entrant in Sponsor’s reasonable discretion. Any attempt by any person to fraudulently circumvent the “Liking” restrictions in order to cast multiple “Likes” for a given entry will result in disqualification of all such “Likes” received and may result in disqualification of the entrants for whom the improper “Likes” were received if the Sponsor determines that that Entrant was involved in any way in the perpetration of such fraud. “Liking” must be completed by the actual person casting the “Like”. A person may not “Like” on behalf of another person. Payment or other consideration in exchange for “Likes” is prohibited. At the conclusion of the Voting Period, Sponsor will rank the Entries according to the total “Likes” received. The fifteen (15) entrants whose Entry receives the highest total number of “Likes” will advance to the “Final Round” (each a “Finalist”). In the event the tally of “Likes” for the fifteenth place Finalist results in a tie, a panel of judges will evaluate all tied entries in accordance with the judging criteria set forth below and the tied entry that receives the highest score among all tied entries will be deemed a Finalist. If you think that any entry infringes your intellectual property rights, click here if you wish to report it http://www.sears.com/cstermsofservice/nb-100000000022530.

 

The Finalists’ entries shall be judged by the Sponsor based equally on the following criteria: (i) Creativity/Originality: Uniqueness of the photo; (ii) Content Relevance: Photo falls within the campaign concept; (iii) Photo Quality: Technical photographic quality of the photo; and (iv) Community Enthusiasm: The amount of likes, comments and follows the photo receives (i, ii, iii and iv, collectively, the “Judging Criteria”). The Finalist who receives the highest score will be deemed the Grand Prize Winner, subject to verification. The remaining Finalists will all be deemed a Remaining Finalist Prize Winner. In the event of a tie, the tie-breaker will be based upon the highest score in the first judging criteria set forth above, continuing thereafter to each judging criteria in the order set forth above, as needed, to break the tie.  In the event that a tie still remains, a new judge, selected by the Sponsor in its sole discretion, will judge the tied entries based on the judging criteria set forth above. 

 

The potential winners will be notified by a newsfeed story, on http://www.shopyourway.com/tag/win-your-way/1863996, and/or by email. 

 

Potential 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. All Remaining Finalist Prize Winners may be required to fully complete, sign and timely return an unaltered Affidavit of Eligibility/Liability Release provided by Sponsor, and, where lawful, an unaltered Publicity Release within seven (7) days of prize notification. If a potential winner is found not to be eligible or not in compliance with these Official Rules, if attempted notification or any prize is returned as undeliverable, if any required documents are not returned within the required number of days, if a winner cannot be verified, or if a winner is otherwise unable or unwilling to accept and claim the prize as stated, then that prize may be forfeited and awarded to the next highest scoring Finalist or Entry as applicable. Sponsor will provide the 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. Remaining Finalist 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.

 

The Shop Your Way points will be awarded on a temporary basis until such time that winners have been verified by Sponsor. In the event that a winner is not verified, Sponsor reserves the right to reverse point award posted to that member’s account. Point prizes, if any, will be credited to SYW Accounts within approximately 10 weeks after the verification of the winners. 

 

6. Prizes and their approximate retail values (“ARV”): One (1) Grand Prize: One (1) Winner will receive a Spa Experience Trip and Shopping Spree consisting of the following: (i) round-trip, economy class air transportation for the winner and one (1) guest from the major commercial airport nearest winner’s residence (as determined by Sponsor in its sole discretion) within the forty-eight (48) United States and D.C., to a city designated by Sponsor; (ii) hotel accommodations for two (2) nights in one (1) single room, double occupancy, standard hotel room; (iii) round trip ground transportation between airport and hotel in city designated by Sponsor; (iv) five hundred thousand (500,000) Shop Your Way points; (v) Spa treatments for winner and guest valued up to $500 each person at a spa designated by Sponsor; and (vi) one (1) two hundred and fifty dollars ($250) Visa Gift Card. ARV of Grand Prize: $3,550; and Fourteen (14) First Prizes: Each Remaining Finalist Prize Winner will receive one hundred thousand (100,00) Shop Your Way points. ARV of each First Prize: $100. Total ARV of all prizes: $4,950. Receipt, use and redemption of points are subject to the terms and conditions at www.shopyourway.com/sywr-terms-of-service. Actual value of Grand Prize may vary based on point of departure and airfare fluctuations. Any difference between stated approximate retail value and actual value of a prize will not be awarded. All Grand Prize details not specified in the Official Rules will be determined in Sponsor’s sole and absolute discretion. Selection of the airline, departure and arrival airport, and hotel are solely within Sponsor’s sole discretion. If in the judgment of Sponsor, air travel is not required due to a winner's proximity to the travel city designated by Sponsor, ground transportation will be substituted for the economy class round-trip air travel at Sponsor’s sole and absolute discretion. The difference in value will not be awarded to the winner. Grand Prize Winner is solely responsible for any and all expenses and incidental travel costs not expressly stated in the prize 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 and beverages, gratuities, travel upgrades, baggage fees, and personal incidentals. Grand Prize Winner must take trip by May 31, 2016 or Trip portion of the Grand Prize will be forfeited. Grand Prize Winner and guest will be required to provide a valid major credit card or some other acceptable form of payment, as determined in the hotel’s sole discretion upon hotel check-in and all in-room charges, telephone calls, meals, beverages, hotel upgrades, amenities, personal incidentals and any other expenses charged to the winner’s hotel room will be charged to that major valid credit card or deducted from the deposit provided. Winner and Guest must notify a Spa technician of any skin allergies prior to the Spa treatment. Travel is subject to terms and conditions set forth in these Official Rules and those set forth by selected travel providers, availability and other material restrictions may apply. Grand Prize Winner and guest must have all necessary identification and/or travel documents (e.g., a valid U.S. driver’s license and passport, if applicable) required for travel. Grand Prize Winner and guest must travel on same itinerary. Sponsor is not responsible for any fees or additional charges resulting from the Grand Prize Winner’s or guest’s change to itinerary or accommodations. Sponsor 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 including any results thereof such as changes in services or accommodations necessitated by same. Sponsor shall not be liable for any loss or damage to baggage. If the Grand Prize Winner becomes disabled or cannot otherwise fully enjoy the prize due to illness, Sponsor shall have the option at its sole discretion of being relieved of liability for fulfillment of the Grand Prize award and no other compensation in lieu of the Grand Prize will be awarded. Grand Prize Winner and guest are responsible for obtaining his/her 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. Travel guest must sign and return a travel release before any ticketing of travel occurs. Once travel guest is selected, he/she may not be substituted, except in Sponsor’s sole and absolute discretion. Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. All airline tickets are subject to flight variation, work stoppages, and schedule or route changes. Additional Grand Prize award details and travel information to be provided to the winner at the time of notification. Lost, stolen or damaged airline tickets, travel vouchers or certificates will not be replaced or exchanged. Gift Card is subject to the terms, conditions, and restrictions as set by issuer. Grand Prize Winner and guest must agree to comply with all applicable Spa regulations in connection with the Spa Experience. Sponsor and the Spa representatives reserve the right to remove or to deny entry to winner and his/her guest who engages in a non-sportsmanlike or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person at the Spa location or in any other objectionable behavior.

The ARV of each prize is determined as of the date of the printing of these Official Rules. Prizes are non-transferable, are not redeemable for cash and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if a 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 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 prize, each 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 (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 Contest or receipt or use or misuse of any prize and/or use of the Content.


8. Publicity: Except where prohibited, participation in the Contest constitutes each winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state submitted for promotional purposes in any media now known or hereinafter developed, worldwide, without further payment or consideration. Winners’ names and likenesses may be published on Shop Your Way website, in Sponsor’s sole discretion. 

9. Ownership & License: Providing Content grants Sponsor and its agents the right to publish, use, adapt, edit and/or modify such Content in any way, in any and all media, without limitation, and without consideration to the entrant.  By accepting a prize, each winner agrees that his or her Content will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then that 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 Contest, 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 Contest, 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 Contest 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 Contest 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 Contest; (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 Contest; (4) technical or human error which may occur in the administration of the Contest 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 Contest 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 Contest, if it is possible. If the Contest, or any part of it, is discontinued for any reason, Sponsor, in its sole discretion, shall determine a winner in a manner deemed fair and equitable by Sponsor.  No more than the stated number of prizes will be awarded.

12. Binding Arbitration: Any controversy or claim arising out of or relating to this Contest 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 CONTEST IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.

 

BY PARTICIPATING IN THE CONTEST, 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 CONTEST, 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 Contest 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 Contest Official Rules, or the rights and obligations of Entrant and Sponsor in connection with the Contest, 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.

 

15. Winners List: To obtain the names of the Winners, visit http://www.shopyourway.com/tag/win-your-way/1863996. The Winners List will be posted after winner confirmation and verification are complete.

 

 

see official rules

Shop Your Way Buy What You Want Instant Win Game

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”) Buy What You Want Instant Win Game” (the “Game”) 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 play; (ii) at least eighteen (18) years old at the time of play; 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 play and prize award.

 

The Game 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 Game. 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 Game begins on April 1, 2015 at 12:00:01 am Central Daylight Savings Time (“CDT”) and ends on October 31, 2015 CDT (the “Game Period”).

 

4. How to Play: During the Game Period, visit http://www.shopyourway.com/sweeps and log into the “Sweeps” application on SYW. Then, select the Game banner, click “Get Started Now” and follow the online instructions to accept these Official Rules and our privacy policy. Finally, follow the on-screen instructions to receive one (1) play (“Play”) into the Game.

 

If your screen displays a non-prize-winning message, you are not a winner of any prize. Prizes are seeded at randomly selected times throughout the Game Period, and are awarded to the entrant who completes a Play in accordance with these Official Rules (whose Play is properly received and recorded by Sponsor's computer on or after a randomly-selected time during the Game Period) and receive a prize-winning message will win a prize (subject to verification). All Plays must be received and recorded during the Game Period to be eligible. An entrant is not a winner of any prize, even if a winning prize message or any other aspect of the Game should so indicate, unless and until the entrant’s eligibility and the potential winning claim have been verified. Sponsor will not accept screen shots or other evidence of winning in lieu of the validation process.   

 

Your opinions of any product or brand should accurately and honestly reflect your thoughts and experiences regarding that product. No purchase of any product is necessary.  Game Plays must be obtained legitimately.

 

Limit: Limit one (1) Game Play per person/Shop Your Way Member. The number of Instant Win Prizes available to be won will decrease during the Game Period as Instant Win Prizes are awarded and claimed.

 

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. 

 

5. Winner Notification/Odds: In addition to an on-screen winner notification message, the potential winners will be notified by email at the email address associated with the potential winner’s SYW account. Odds of winning depend on the number of eligible Plays received and the order in which such Plays are received.

Potential winners are subject to verification. If a potential winner is found not to be eligible or not in compliance with these Official Rules, if attempted notification or any prize is returned as undeliverable, if any required documents are not returned within the required number of days, if a winner cannot be verified, or if a winner is otherwise unable or unwilling to accept and claim the prize as stated, then that prize may be forfeited. Sponsor may provide the winners 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. Winners may be issued an IRS 1099 form. The prize will be awarded on a temporary basis until such time that winners have been verified by Sponsor.  In the event that a winner is not verified, Sponsor reserves the right to reverse point award posted to that member’s account.

Receiving a prize is contingent upon compliance with these Official Rules. The Shop Your Way points will be awarded on a temporary basis until such time that winners have been verified by Sponsor.  In the event that a winner is not verified, Sponsor reserves the right to reverse point award posted to that member’s account. Point prizes, if any, will be credited to SYW Accounts within approximately 10 weeks after the verification of the winners.

 

6. Prizes and their approximate retail values (“ARV”): One (1) Grand Prize: One (1) Winner will receive five hundred thousand (500,000) Shop Your Way points. ARV of Grand Prize: $500; Five (5) First Prizes: Five (5) Winners will each receive one hundred thousand (100,000) Shop Your Way points. ARV of each First Prize: $100; Five Hundred (500) Second Prizes: Five Hundred (500) Winners will each receive five thousand (5,000) Shop Your Way points. ARV of each Second Prize: $5.00; Five Hundred (500) Third Prizes: Five hundred (500) Winners will each receive one thousand (1,000) Shop Your Way points. ARV of each Third Prize: $1.00; and Two Thousand (2,000) Fourth Prizes: Two thousand (2,000) Winners will each receive five hundred (500) Shop Your Way points. ARV of each Fourth Prize: $0.50. Total ARV of all prizes: $5,000. Receipt, use and redemption of points are subject to the terms and conditions at www.shopyourway.com/sywr-terms-of-service. Prizes are non-transferable 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.  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 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 any prize, each 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 (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 Game or receipt or use or misuse of any prize or any item redeemed in connection with a prize and/or use of the Content.

 

8. Publicity: Except where prohibited, participation in the Game 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 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 SYW website, in Sponsor’s sole discretion.   

 

9. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Game, 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 Game, 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 Game 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 Game 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.

 

10. 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 Game; (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 Game; (4) technical or human error which may occur in the administration of the Game 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 Game or receipt or use or misuse of any prize or any item redeemed in connection therewith. If for any reason an entrant's Play is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another Game Play, if it is possible. If, for any reason, the Game is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, hacking, unauthorized intervention, fraud, technical failures or any other causes which, in the sole opinion of the Sponsor, corrupt or affect the administration, security, fairness, integrity or proper conduct of this Game, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Game and randomly determine winners from eligible, non-suspect Plays received prior to action taken, or as otherwise deemed fair and equitable by Sponsor. If due to a computer programming, production, technical, seeding, or other error or reason, more prizes are claimed than intended to be awarded according to Section 6, prizes will be awarded in a random drawing from among all valid prize claims received.  No more than the stated number of prizes will be awarded.

 

11. Binding Arbitration: Any controversy or claim arising out of or relating to this Game 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 GAME IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.

 

BY PARTICIPATING IN THE GAME, 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 GAME, 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.

 

12. Governing Law & Jurisdiction: The Official Rules and the Game 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 Game Official Rules, or the rights and obligations of Entrant and Sponsor in connection with the Game, 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 11 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.

 

13. Entrant's Personal Information: Information collected from entrants is subject to Sponsor’s Privacy Policy found at http://www.shopyourway.com/privacy-policy.

 

14.  Winners List: For 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.

 

see official rules

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