OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW. AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY / PRIZE ACCEPTANCE AGREEMENT MAY BE REQUIRED. ONLINE ENTRY ONLY AND INTERNET CONNECTION AND FACEBOOK ACCOUNT REQUIRED.
BY ENTERING THE CONTEST, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE CONTEST, ENTITIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
1. SPONSORS: The Kirkland’s Roomies Contest (the “Contest”) is sponsored by Kirkland’s Inc. 2501 McGavock Pike, Ste. 1000, Nashville, TN 37214 (“Sponsor”), subject to the following terms and conditions.
2. ELIGIBILITY: The Sweepstakes is open only to legal residents of the fifty (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 at least eighteen (18) years of age or older at the time of entry, 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 who are not yet 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. Void where prohibited. Employees, officers and directors of Sponsor and Promoter, their respective parents, subsidiaries, and agents, as well as the immediate family (defined as spouse, parents, children, siblings and grandparents) and household members of each such employee, officer and director are not eligible. By participating, entrant agrees to abide by these Official Rules and the decisions of Sponsor, which are final and binding in all respects
3. TIMING: Contest begins at 9:00 a.m. CST on July 13, 2014 and continues until 11:59 p.m. CST on August 9, 2014 (“Entry Period”). Online entries must be received by 11:59 p.m. CST on August 9, 2014 to be eligible.
4. HOW TO ENTER:Follow@Kirklands on Twitter. Enter your first name, last name, a valid email address, which will be shared with Kirkland's. Tweet out your selfie with your favorite Kirkland's Dorm Room photo and include the hashtags #KirklandsRoomies in the tweet. OR follow Kirklands on Instagram. Enter your first name, last name, a valid email address, which will be shared with Kirkland's. Instagram out your selfie with your favorite kirkland's Dorm Room photo and include the hashtags #KirklandsRoomies in the Instagram. OR follow Kirklands on Facebook. Enter your first name, last name, a valid email address, which will be shared with Kirkland's. Facebook out your selfie with your favorite Kirkland's Dorm Room photo and include the hashtags #KirklandsRoomies in the Facebook post.
5. SUBMISSION REQUIREMENTS: By submitting an entry, entrant agrees that his/her entry conforms to these Official Rules and that Sponsor, in its sole discretion, may disqualify his/her entry for any reason at any time, including if Sponsor determines, in its sole discretion, that the entry fails to conform to these Official Rules in any way or otherwise contains unacceptable content as determined by Sponsor. By submitting an entry, entrant hereby grants permission for the entry to be posted on the Contest Website and other websites as Sponsor shall determine, in its sole discretion. Entrant agrees that Releases are not responsible for any unauthorized use of entries by third parties. Releases do not guarantee the posting of any entry.
All entries must meet the following requirements to be eligible:
a. Photos must contain #KirklandsRoomies to be entered into the final voting contest
b. The Submission may not contain any content that is lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, obscene, or that otherwise contains inappropriate content or objectionable material as determined by Sponsor in its sole and unfettered discretion.
c. The Submission must be the entrant’s original work, created solely by the entrant, and must not infringe the copyright, trademark, privacy, publicity, or other intellectual rights of any person or entity.
d. If any person appears in the Submission, the entrant is responsible for obtaining, prior to sending the Submission, any and all releases and consents necessary to permit the exhibition and use of the Submission by Sponsor as set forth in these Official Rules. If any person appearing in any Submission is under the age of majority in his/her state, country or province of residence, the signature of a parent or guardians is required on each release.
e. The Submission must not contain any personally identifiable information of any person, including another person’s address, phone number, email address, credit card number or any information that may be used to track, contact or impersonate that individual, other than the entrant. Should the entrant include personally identifiable information about him/herself in his/her Submission, entrant acknowledges and agrees that such information will be disclosed publicly and entrant is solely responsible for any consequences thereof.
f. Entrants may not be, nor may entrant work with parties in conjunction with their Submissions, who: 1) are represented under contract (e.g., by a talent agent or manager) that would limit or impair Sponsor's ability to display the Submissions in any media form; 2) have an acting or modeling contract that would make their appearance in the Submission a violation of any third party rights; or 3) are under any other contractual relationship, including but not limited to guild and/or union memberships, that may prohibit them from participating fully in this Sweepstakes, or from allowing Sponsor to use royalty-free, the Submissions worldwide in all media in perpetuity.
g. The Submission must not contain any commercial content or logos.
h. The Submission may not have been previously published and may not have won previous awards.
The Submission may not contain any material or elements that are not owned by the entrant and/or which are subject to the rights of third parties except those that are provided by Sponsor.
6. OWNERSHIP/USE OF ALL ENTRIES: By submitting a Submission, each entrant hereby grants to Sponsor, and to its licensees, successors and assigns, and any person or entity acting on its behalf, the non-exclusive, perpetual, royalty-free, no-cost, irrevocable right and license to use, publish, exploit, modify, edit, transmit and distribute the Submission, including, without limitation, the names and likenesses of any persons or locations embodied therein, in any and all media now known or hereafter devised, worldwide, in perpetuity for purposes without compensation, permission or notification to entrant or any third party.
7. PRIZES AND ODDS: The winner will receive a Kirkland's gift card. The winner will receive one gift card valued at $100, Kirkland’s gift card, which can be used to purchase products on Kirklands.com or in any Kirkland’s store. The winner and value of the gift card are selected randomly August 11, 2014.
8. SELECTION OF WINNERS: On or around August 11, 2014 one (1) winner will be selected at random. Winning is contingent upon compliance with all terms and conditions set forth in these Official Rules; any entry drawn or any potential winner identified thereby found at any time to fail to comply with these Official Rules will be held invalid and ineligible for award.
9. NOTIFICATION: Winner will be notified by email on or around August 11, 2014 following the drawing. Winner so notified must, within five (5) days of notice of award, complete, execute and return the provided Affidavit, Waiver, Release and Indemnity Agreement including, where lawful, a Publicity Release (plus any additional documents required at the discretion of Sponsors) (collectively, “Affidavit”). Failure to comply with the requirements of this paragraph (or the return of any prize or prize notification as non-deliverable) may result in disqualification and in the forfeiture of any right to a prize, in which case prize will be awarded to an alternate potential winner by random drawing. The winner’s name will be available for six months after award of prizes by sending a self-addressed envelope with sufficient prepaid postage to:
Kirkland’s, Inc.
Attn: Kirkland’s Roomies
2501 McGavock Pike, Ste. 1000
Nashville, TN 37214
10. PRIVACY POLICY: Entries are subject to Sponsor’s privacy policy which is available at https://www.kirklands.com/custserv/custserv.jsp?pageName=Privacy, and which terms and conditions entrants accept and agree to by submission of entries pursuant to these Official Rules. By entering, the information you provided may be sent to promotional partners identified in this promotion. You may be contacted by the Sponsor and/or any promotional partners with future promotional offers. Your information will not be provided to Facebook.
11. RELEASE: By participating in the Contest, entrants agrees to defend, release indemnify, and hold harmless the Contest Entities and Facebook (collectively “Releasees”) from and against any actions, claims and/or liability for injury, loss or damage of any kind, (including the violation or infringement of any proprietary or personal right of any individual or entity) resulting in whole or in part, directly or indirectly, from participation in the Contest, and/or the use, acceptance, or possession of a Contest prize, and/or participation in a Contest prize-related activity, including any action, claim or liability arising from the unauthorized submission of any information. Entrants further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
12. PUBLICITY RELEASE: By accepting the prize, winner consents to and gives the Sponsor the right to use, publish, and display winner’s name, state, and prize awarded, for the purpose of advertising, trade, publicity and promotional purposes in connection with this Sweepstakes in any media now known or hereafter discovered, worldwide, and on the internet, without review, notification or approval, all without additional consideration, unless prohibited by law.
13. 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.
14. 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: (a) any typographical or other errors in the printing of the offer, these Official Rules, or any related advertisements or promotional materials; (b) administration of the Promotion or the announcement of the prize or potential prize winner; (c) late, lost, illegible, incomplete, stolen, deleted, or misdirected entries due to any reason; or (d) 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 Facebook) 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.
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. In no event will more prizes be awarded than as listed above.
15. RELEASE; LIMITATION OF LIABILITY: By participating in this Promotion, each Participant releases Sponsor and Facebook and their respective 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).
16. 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 winners, 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.
16. 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.
17. RULES REQUEST; WINNERS NAMES: For a copy of these Official Rules or for the name of the winner, please email facebook@kirklands.com, or send a stamped, self-addressed envelope to Kirkland’s Roomies Giveaway, 2501 McGavock Pike, Suite 1000, Nashville, TN, 37214. Residents of WA and VT may omit return postage.
18. 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.