KIRKAND’S RATING & REVIEWS GIVEAWAY
NO PURCHASE, CONTRIBUTION 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. VOID WHERE PROHIBITED OR RESTRICTED.
CONSUMER DISCLOSURE: You have not yet won.
By entering this Kirkland’s [Ratings & Reviews Giveaway] (this “Promotion”), you accept and agree to be bound by these Official Rules. Any violation of these rules may, at Sponsor’s discretion, result in disqualification. All decisions of Sponsor regarding this Promotion are final and binding in all respects.
1. PROMOTION PERIOD: The Promotion begins at 12:00:01 AM Central Time (“CT”) on October 31, 2012 and ends at 11:59:59 PM CT November 14, 2012 (the “Promotion Period”). Sponsor’s computer is the official time keeping device for this Promotion.
2. ELIGIBILITY: This Promotion is open only to legal residents of the 50 United States and the District of Columbia (specifically excluding Guam, Puerto Rico, and all other U.S. and foreign territories and possessions) (collectively, the “Eligibility Area”) who are 18 years of age or older, and are the age of majority in their state of residence at the time of entry, and currently reside in (and are physically located in) the Eligibility Area at the time of entry (“Participants”). Participants who are not yet at the age of majority in the jurisdiction in which they reside are required to obtain prior parental or legal guardian consent to be eligible to enter. Only individuals may enter; no entry from any corporation or other entity shall be accepted. This Promotion is VOID outside of the Eligibility Area and where otherwise taxed, prohibited or restricted. Employees, directors, agents and suppliers of Kirkland’s, Inc. (“Sponsor”), and its affiliates, subsidiaries, advertising, promotion, fulfillment, marketing agencies, public relation firms, consultants and contractors, their immediate families (defined as spouse, child, sibling, parent, grandparent, step-parent, step-children and step-siblings) and those living in their same households are ineligible to participate in this Promotion. By participating in this Promotion, each Participant, (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 Sponsor, which are final and binding in all respects, (c) warrants that he/she is eligible to participate in this Promotion, and (d) agrees to receive additional marketing communications from Sponsor, which Participant may opt-out of at any time.
3. HOW TO ENTER: No purchase necessary to enter or win this Promotion. To enter, visit Kirklands.com and follow the instructions to complete (a) and submit a product review on Kirklands.com and (b) all required registration information (including your [name, a valid email address, mailing address and date of birth]) during the Promotion Period in order to enter the Promotion (each, an “Entry”). Please note that in order to complete and submit a review on Kirklands.com during the Promotion Period and receive an entry into this Promotion, you do not need to make any purchase. A purchase will not improve your chances of winning.
All Entry information must be complete and accurate to qualify. No changes to any Entry or information are permitted once submitted. All Entries become the property of Sponsor and will not be acknowledged or returned. To be eligible as a Participant in the Promotion, any Entry must be received by Sponsor during the Promotion Period. Any Entry received by Sponsor after the end of the Promotion Period will be discarded and deemed VOID.
LIMIT [ONE (1) ENTRY] PER PERSON PER EMAIL ADDRESS DURING THE PROMOTION PERIOD. In the case of multiple Entries, only the first Entry will be accepted. In the event of a dispute regarding the identity of a Participant who entered online, the Entry will be deemed submitted by the natural person who is the registered holder of the email address at the time of Entry used to enter the Promotion. A potential winner may be required, at Sponsor’s sole discretion, to show proof of being the registered holder of a particular email account as a condition to receiving a prize award. Proof of entering this Promotion online will not be deemed to constitute proof of actual receipt by Sponsor of an electronic Entry. Sponsor shall not be responsible for technical failures in Entry transmission or lost, late, misdirected, damaged, incomplete, or illegible Entries.
4. ODDS OF WINNING: Odds of winning are determined by and depend upon the total number of eligible Entries received. A purchase will not improve your chances of winning.
5. PRIZE: Subject to Sections 7 and 8 below, the prize will be awarded. One (1) prize winner will receive a $500.00 Kirkland’s gift card. Terms, conditions, exclusions and restrictions apply to use of prize. No substitution, transfer, or assignment of the prize will be permitted, except that Sponsor reserves the right, in its sole discretion, to substitute the prize with either the cash value of the prize that would have been awarded, or a prize of equal or greater value. The prize may not be combined with any other offer.
The winner will be solely responsible for any and all expenses associated with acceptance and/or taking delivery of the prize, including but not limited to, all taxes, fees and any other expenses associated with acceptance of the prize. The potential winner should consult with his or her tax advisors regarding the prize and applicable taxes. Each Participant acknowledges and agrees that the winner will be solely responsible for all applicable federal, state, and local taxes and fees associated with acceptance of the prize. By accepting the prize, the winner waives (a) the right to assert, as a cost of winning said prize, any and all costs of redemption; and (b) any and all liability that might arise from said prize.
6. WINNER SELECTION; NOTIFICATION: The potential winner is subject to verification, and the prize will be awarded only upon validation and verification by Sponsor. The potential prize winner will be chosen by random drawing from all eligible Entries and notified by Sponsor on or about [November 16, 2012].
Sponsor expressly reserves the right to delay the announcement of the winner for technical reasons or for any other reason Sponsor deems necessary. The potential winner will be notified by Sponsor by email, and the potential winner is required to respond to the email within three (3) calendar days of the date the email message was sent by Sponsor, with his/her first and last name, or the prize may be forfeited. In addition, if a prize notification is returned as undeliverable, a potential winner is ineligible, or a potential winner fails to complete and return any required documents within the required timeframe as described in Section 7, the 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.
7. WINNER VERIFICATION: The potential winner must prove eligibility, including without limitation, age and residence, by signing and returning to Sponsor (or its designated agent) an Affidavit of Eligibility (including his/her Social Security Number and/or U.S. personal tax identification number for tax reporting purposes) and a Publicity Release within fourteen (14) calendar days of notification, or the potential winner is disqualified and forfeits the prize, and an alternate potential winner will be chosen by random drawing from among the remaining eligible Entries. The potential winner agrees, as allowed by law, to allow Sponsor and its designees to conduct a background check and the right to use the potential winner’s name, hometown, likenesses, biographical information and prize information for advertising, promotion, and publicity purposes worldwide in perpetuity in all media, now or hereafter known, without additional compensation. The potential winner must fulfill all the terms of these Official Rules as a condition to being awarded the prize.
8. DISQUALIFICATION; DISCLAIMERS: Any software-generated, robotic, programmed, script, macro or other automated online entries or methods is strictly prohibited and will result in disqualification of all such entries. Sponsor reserves the right in its sole discretion to disqualify any person it finds: (a) to have tampered with the entry process or the operation of this Promotion; (b) to be acting in violation of these Official Rules; or (c) to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person or to have provided inaccurate information on any legal documents submitted in connection with this Promotion. If so disqualified, Sponsor reserves the right to terminate the person’s eligibility to participate in this and future promotions, contests and sweepstakes offered by Sponsor. ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL OR ENTITY TO DAMAGE ANY PROMOTION WEBSITES, APPLICATIONS OR PAGES OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL OR ENTITY TO THE FULLEST EXTENT PERMITTED BY LAW.
Sponsor is not responsible for: (i) any typographical or other errors in the printing of the offer, these Official Rules, or any related advertisements or promotional materials; (ii) administration of the Promotion or the announcement of the prize or potential prize winner; (iii) late, lost, illegible, incomplete, stolen, deleted, or misdirected entries due to any reason; or (iv) other errors of any kind, whether human, mechanical or electronic. Sponsor does not assume any responsibility or liability for incorrect or inaccurate Entry information, whether caused by a Participant or by any of the equipment or programming associated with or utilized in this Promotion or by any human error which may occur in the processing of the Entries in this Promotion. Sponsor is not responsible or liable for any problems, incompatibility or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any email on account of technical problems or traffic congestion on the Internet or at any website (including Kirklands.com) or any combination thereof, including without limitation, any injury or damage to any Participant’s or any other person’s computer related to or resulting from participation in this Promotion. Participants acknowledge that neither Sponsor 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 Promotion or the prize. If for any reason a Participant’s Entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Participant’s sole remedy is another Entry in the Promotion, if it is possible. No more than the stated number of prize(s) 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 prize(s) by a random drawing among all legitimate, un-awarded, eligible prize claims.
In the event any portion of this Promotion is not capable of running as planned, including without limitation, due to infection by computer virus, bugs, non-authorized human intervention, fraud, technical failures, force majeure, insufficient qualified Entries or winners, or any other causes beyond the control of Sponsor which, in the sole opinion of Sponsor, corrupt, impair or affect the administration, security, fairness, integrity or proper play of any part of this Promotion, Sponsor reserves the right in its sole discretion to cancel, suspend, modify or terminate this Promotion or any part thereof. Should this Promotion be terminated prior to the stated expiration date of the Promotion Period, notice will be posted on [www.Facebook.com/Kirklands], and the prize will be awarded to a potential winner selected by random drawing from among the eligible Entries submitted up until the time of termination.
9. RELEASE; LIMITATION OF LIABILITY: By participating in this Promotion, each Participant releases Sponsor and its officers, directors, employees, affiliates, subsidiaries, marketing partners, advertising, promotion, fulfillment, marketing agencies, public relation firms, consultants and contractors (“Released Parties”) from any and all liabilities, 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 the receipt, ownership, possession, use or misuse of the prize, or arising out of participation in this Promotion, or while preparing for, participating in, and/or traveling to and from taking delivery of the prize or any prize-related activity, and each Participant agrees to indemnify and hold such parties harmless from the same. The Released Parties expressly disclaim any responsibility or liability for injury or loss to any person or property relating to the delivery, misdelivery and/or subsequent use of any prize awarded. IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY CONSEQUENTIAL OR PUNITIVE DAMAGES OR ATTORNEY’S FEES, ARISING OUT OF THIS PROMOTION OR ANY ACCEPTANCE, DELIVERY, MISDELIVERY, POSSESSION, USE OR MISUSE OF THE PRIZE AWARDED IN CONNECTION WITH THIS PROMOTION, 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 SPONSOR’S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF THIS PROMOTION EXCEED ONE HUNDRED U.S. DOLLARS ($100.00 USD).
10. GOVERNING LAW; DISPUTE RESOLUTION: This Promotion is governed by U.S. law and is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law or restricted. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Participants and Sponsor in connection with this Promotion, 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 in this Section of these Official Rules and/or for entering any judgment on an arbitration award, shall take place solely in the courts of Nashville, Tennessee. Each Participant waives any and all objections to jurisdiction and venue in these courts and hereby submits to the jurisdiction of these courts. Any and all lawsuits or other disputes that arise relating to this Promotion must be filed within one (1) year from the date that the winner is selected. Except where prohibited, as a condition of participating in this Promotion, Participants 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 Promotion, the prize awarded, or the determination of the winner, shall be resolved individually, without resort to any form of class action. Participants waive all rights to trial in any action or proceeding instituted in connection with these Official Rules and/or this Promotion. Any controversy or claim arising out of or relating to these Official Rules and/or this Promotion 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.
11. NO WAIVER; SEVERABILITY: The failure of Sponsor 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.
12. RULES REQUEST; WINNERS NAMES: For a copy of these Official Rules or for the name of the winner, please email firstname.lastname@example.org, or send a stamped, self-addressed envelope to Kirkland’s [Ratings & Reviews Giveaway], 2501 McGavock Pike, Suite 1000, Nashville, TN, 37214. Residents of WA and VT may omit return postage.
13. SPONSOR/ADMINISTRATOR: This Promotion is sponsored and administered by Kirkland’s, Inc., 2501 McGavock Pike, Suite 1000, Nashville, TN 37214.
© 2012 Kirkland’s, Inc. All Rights Reserved.