December Sweepstakes Official Rules
NO PURCHASE, CONTRIBUTION, OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR TO WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED. BY ENTERING THE SWEEPSTAKES AND/OR ACCEPTING A PRIZE, YOU (AND YOUR PARENT OR GUARDIAN, AS APPLICABLE) AGREE TO THESE OFFICIAL RULES.
ELIGIBILITY: This Sweepstakes is open to legal residents of the continental United States, excluding Puerto Rico (the “Eligibility Area”), who are eighteen (18) years of age or older, and are the age of majority in their state of residence, and currently reside in (and are physically located in) the Eligibility Area at the time of entry. This Sweepstakes is VOID outside of the Eligibility Area and where otherwise taxed, prohibited or restricted. Employees, directors, agents, suppliers, and officers of Kirkland’s, Inc. (“Kirkland’s”), Luckie Strategic PR, and their respective parent, subsidiary, and affiliated companies, advertising and promotion agencies, and members of their immediate family (parents, spouse, children, siblings, grandparents, step-parents, step-children and step-siblings) or households are not eligible to participate in this Sweepstakes.
ENTRY: To enter, follow the instructions on the website of the owner or operator of the applicable blog (the “Blog Owner”) and submit all required entry information. In the event of a dispute over the identity of an online entrant, the entry will be deemed submitted by the registered holder of the e-mail account. Entries will not be acknowledged or returned. Incomplete entries will be discarded and deemed void. No changes to any entry information will be permitted once submitted. Only individuals may enter; no entry by any corporation or other entity shall be accepted. Entries submitted via postal mail or facsimile are prohibited. Proof of entering this Sweepstakes online will not be deemed to be proof of actual receipt by Blog Owner. Neither Kirkland’s nor Blog Owner shall be responsible for technical failures in entry transmission. By participating in this Sweepstakes, each entrant (a) accepts the terms and conditions stated in these Official Rules, (b) agrees to be bound by these Official Rules and by the decisions of Kirkland’s and/or Blog Owner, which shall be binding and final in all respects, (c) warrants that he/she is eligible to participate in this Sweepstakes, and (d) acknowledges that Kirkland’s has not made nor is in any manner responsible or liable for any warranty, representation, or guarantee, expressed or implied, in fact or in law, relating to the prize.
ENTRY PERIOD: This Sweepstakes starts and ends on the dates and times set forth on the Blog Owner’s website (the “Sweepstakes Period”). Entries received after the end of the Sweepstakes Period will be discarded and deemed void. The Blog Owner’s computer is the official timekeeping device for all entries.
ODDS: Subject to winner verification and validation by Kirkland’s and the “Disqualification” section below, all prizes will be awarded. Odds of winning are determined by and depend upon the total number of eligible entries received. A PURCHASE, POST, REVIEW, COMMENT OR OTHER CONSIDERATION OR ENDORSEMENT WILL NOT IMPROVE YOUR CHANCES OF WINNING.
PRIZE: One (1) Prize Winner will receive a fifty dollar ($50.00) Kirkland’s gift card (Approximate Retail Value: $50.00). All taxes and any other expenses or costs associated with receipt of the prize are the sole responsibility of the winner. No substitution, assignment or transfer of a prize will be permitted, except that Kirkland’s reserves the right, in its sole discretion, to substitute all or any portion of prize with a prize of equal or greater value. The prize may not be combined with any other offer. KIRKLAND’S SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO A WINNER OR POTENTIAL WINNER WHO IS UNABLE OR UNAVAILABLE TO ACCEPT OR UTILIZE A PRIZE AS DESCRIBED HEREIN. Prizes must be claimed by February 1, 2012. Each winner will be responsible for all expenses not specified above, including but not limited to any and all applicable taxes, fees, and/or any other expenses associated with acceptance and/or taking delivery of the prize. Potential winners should consult with their tax advisors regarding applicable taxes. Each entrant acknowledges and agrees that the winner will be responsible for all applicable federal, state, and local taxes and fees associated with acceptance of the prize.
Where permitted by law, acceptance of the prize constitutes permission for Kirkland’s and its agents to use the winner’s name, biographical information, hometown, and likeness for purposes of advertising, promotion, and publicity related to the Sweepstakes without additional compensation.
WINNER SELECTION AND NOTIFICATION: The Prize Winner will be chosen by random drawing by the Blog Owner on the date set forth on the Blog Owner’s website from among all eligible entries received. The prize will be awarded only upon winner validation and verification by Kirkland’s. The potential winner will be notified by email message, and the potential winner will be required to respond to the email message within three (3) calendar days of the date the email message was sent to the potential winner, with his/her first and last name, or the prize will be forfeited. In addition, if a prize notification to a potential winner is returned as undeliverable or a potential winner is ineligible, the potential winner’s prize will be forfeited and an alternate potential winner will be selected by random drawing from the remaining eligible entries. No contact via telephone or regular mail regarding prize information or potential winner notification will occur. Upon winner validation and verification by Kirkland’s, the prize will be mailed to the potential winner by Kirkland’s.
DISQUALIFICATION: Kirkland’s reserves the right to request proof of any eligibility requirements in a form acceptable to Kirkland’s from an entrant at any time. Failure to provide such proof, if requested, may result in entrant’s disqualification, at Kirkland’s sole discretion. Any false information provided by an entrant concerning his/her identity or mailing address or any non-compliance by an entrant with these Officials Rules may result in the immediate disqualification of the entrant from the Sweepstakes. Persons found tampering with or abusing any aspect of this Sweepstakes will be disqualified. If disqualified, Kirkland’s reserves the right to terminate the person’s eligibility to participate in this and future contests and sweepstakes of Kirkland’s. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, KIRKLAND’S RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. In the event any portion of this Sweepstakes is compromised by non-authorized human intervention, action of entrants, or other causes beyond the control of Kirkland’s which, in the sole opinion of Kirkland’s, corrupts or impairs the integrity, administration, security, fairness, or proper play of this Sweepstakes, the Sweepstakes may be suspended or terminated and the prize awarded from among all eligible entries received prior to the action or compromise giving rise to the suspension or termination of the Sweepstakes.
DISCLAIMER; RELEASE: Kirkland’s and its agents are not responsible for: (a) any typographical or other errors or mistakes in the printing of the offer, these Official Rules, or any related advertisements or dissemination of Sweepstakes advertising, promotional and related materials; (b) administration of the Sweepstakes or the announcement of the prize or potential prize winner; (c) late, lost, illegible, incomplete, stolen, deleted, or misdirected entries; or (d) other error of any kind, whether human, mechanical or electronic. Kirkland’s does not assume any responsibility or liability for incorrect or inaccurate entry information, whether caused by an entrant or by any of the equipment or programming associated with or utilized in this Sweepstakes or by any human error which may occur in the processing of the entries in this Sweepstakes. Kirkland’s is not responsible or liable for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail on account of technical problems or traffic congestion on the Internet or at any web site, or any combination thereof, including without limitation, any injury or damage to an entrant’s or any other person’s computer related to or resulting from participation in this Sweepstakes. Entrants acknowledge that Kirkland’s has not made, and is not in any manner responsible or liable for, any warranty, representation, or guarantee, expressed or implied, in fact or in law, relating to this Sweepstakes or any prize.
By participating, entrants agree to release and hold Kirkland’s and its officers, directors, employees, affiliates, subsidiaries, advertising, fulfillment, marketing agencies, public relation firms, agents and contractors harmless from any and all liabilities, expenses, damages, claims and actions of any kind whatsoever for injuries, damages or losses to persons (including death) and property which may be sustained in connection with any breach of these Official Rules by entrant; an entrant’s or potential winner’s receipt, possession, use, or misuse of the prize; or arising out of participation in this Sweepstakes. Kirkland’s expressly disclaims any responsibility or liability for injury or loss to any person or property relating to the delivery and/or subsequent use, misuse, misuse or failure to use the prize awarded.
LIMITATION OF LIABILITY: IN NO EVENT WILL KIRKLAND’S OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, ADVERTISING, PROMOTION, FULFILLMENT, MARKETING AGENCIES, PUBLIC RELATION FIRMS, CONSULTANTS OR CONTRACTORS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION, EXEMPLARY, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ATTORNEY’S FEES, ARISING OUT OF THIS SWEEPSTAKES AND/OR ANY ACCEPTANCE, POSSESSION, USE, MISUSE OR FAILURE TO USE THE PRIZE AWARDED IN CONNECTION WITH THIS SWEEPSTAKES, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, DEATH AND/OR PROPERTY DAMAGE, AS WELL AS ANY CLAIMS BASED ON PUBLICITY RIGHTS OR INVASION OF PRIVACY. IN NO EVENT SHALL KIRKLAND’S AGGREGATE LIABILITY FOR CLAIMS ARISING OUT OF THIS SWEEPSTAKES EXCEED THE RETAIL VALUE OF THE PRIZE TO BE AWARDED IN CONNECTION WITH THIS SWEEPSTAKES.
DISPUTES: This Sweepstakes is governed by U.S. law and is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrants and Kirkland’s in connection with this Sweepstakes, shall be governed by, and construed in accordance with, the laws of the Tennessee, without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth below and/or for entering any judgment on an arbitration award, shall take place in the courts of Nashville, Tennessee. Any and all lawsuits or other disputes that arise relating to this Sweepstakes must be filed within one (1) year from the date that the potential winner is selected by random drawing. Except where prohibited, as a condition of participating in this Sweepstakes, entrants agree that any and all disputes which cannot be resolved between or among the parties, and any claims and causes of action arising out of or connected with this Sweepstakes, the prizes awarded, or the determination of the winners, shall be resolved individually, without resort to any form of class action. Entrants waive all rights to trial in any action or proceeding instituted in connection with these Official Rules and/or this Sweepstakes. Any controversy or claim arising out of or relating to these Official Rules and/or this Sweepstakes shall be determined exclusively by confidential and binding arbitration in accordance with the expedited rules of Judicial Arbitration and Mediation Services (“JAMS”) before a single arbitrator. Such arbitration shall be conducted in Nashville, Tennessee. The award of such arbitration shall be confidential, final, binding and non-appealable, except to the extent provided for in the rules of JAMS, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
NO WAIVER; SEVERABILITY: The failure of Kirkland’s to exercise or enforce any right or provision of these Official Rules shall not constitute a waiver of such right or provision. If any part of these Official Rules is held by a court of competent jurisdiction to be invalid or unenforceable, that part will be enforced to the maximum extent permitted by law, and the remainder of these Official Rules will remain fully in force.
PRIVACY NOTICE: Any personal information collected by Kirkland’s through this Sweepstakes will be used solely for prize fulfillment purposes.
WINNERS’ LIST/OFFICIAL RULES: For the name of the winner or a copy of the Official Rules, mail a self-addressed stamped envelope to Kirkland’s December 2011 Blogger Jewel Pillow Sweepstakes, c/o Luckie Strategic PR, Luckie & Company, 600 Luckie Drive, Birmingham, AL 35223. Please state “Winner’s List” or “Official Rules” on the outer envelope. Residents of WA and VT may omit return postage.
SWEEPSTAKES SPONSOR: Kirkland’s, Inc., 2501 McGavock Pike, Suite 1000, Nashville, TN 37214