Your Doorway to Christmasland Contest
TERMS AND CONDITIONS
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.
1. ELIGIBILITY: This Campaign is open only to those who sign up by Instagram and who are 18 years of age as of the date of entry. The Campaign is only open to legal residents of the 50 United States and is void where prohibited by law. Employees of Kirkland’s Inc., its affiliates, subsidiaries, advertising and promotion agencies, and suppliers, (collectively the “Employees”), and immediate family members and/or those living in the same household of Employees are not eligible to participate in the Campaign. The Campaign is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.
2. AGREEMENT TO RULES: By participating, the Contestant (“You”) agree to be fully unconditionally bound by these Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of Kirkland’s as final and binding as it relates to the content of this Campaign.
3. CAMPAIGN PERIOD: Entries will be accepted online starting on November 4, 2016 at 12:00 a.m. Central Time (“CT”) and ending November 30, 2016 at 11:59 p.m. CT. All online entries must be received by November 30, 2016 at 11:59 p.m. CT.
4. HOW TO ENTER . The Campaign must be entered by using your Instagram account to participate. Creating the Social Account is free but is subject to the applicable terms and conditions ( https://help.instagram.com/478745558852511 )Posting on Instagram required a mobile device and therefore message and data rates may apply. If entering via a mobile phone using your wireless carrier’s network, standard data charges from your wireless carrier may apply. Your account setting on the Social Account you use to enter must be set to "unprotected" and/or "public" in order for your posts to be viewable by Sponsor.
Post to Instagram one (1) original photo of your Kirkland’s Christmas decorated door along with the hashtag #DoorwayToChristmasland (herein your "Submission"). You will automatically receive one (1) contest entry for your eligible Submission.
By posting your Submission, you agree that it conforms to the guidelines, permissions, and content restrictions below and that Sponsor, in its sole discretion, may remove your Submission from a gallery and disqualify you if it believes that it fails to conform.
Permissions: Entrant must have permission from any recognizable individuals who appear in the Submission to use their names and likenesses in the Submission and to grant the rights set forth herein. Minors may only be included in the Submission if entrant is their parent or legal guardian. If requested, entrant must be able to provide such permissions or proof in a form acceptable to Sponsor. The entry must fulfill all Campaign requirements, as specified, to be eligible to win a prize. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Kirkland’s. You must provide the information requested. If You use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion of Kirkland’s.
5. GUIDELINES AND RESTRICTIONS:
- The Submissions must be in a format compatible for Instagram (as applicable);
- The Submission must include the hashtag #DoorwayToChristmasland; and
- The Submissions must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
- The Submission must not contain content created by a third party, such as images or artwork;
- The Submission must not feature brand names or trademarks other than those owned by Sponsor, which entrant has a limited license to use in his/her Submission in this Contest;
- The Submission must not disparage Sponsor, Administrator, or any other person or party;
- The Submission must not contain material that is inappropriate, offensive, indecent, obscene, tortious, defamatory, or libelous;
- The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age; and
- The Submission must not cantain material that is unlawful, in violation of, or contrary to the laws or regulations in any state where Submission is created.
6. PRIZES: The Winners of the Campaign (the “Winners”) will receive a $100 Kirkland’s e-Gift card. Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by Kirkland’s. No cash or other prize substitution shall be permitted except at Kirkland’s discretion. The prize is nontransferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of Winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by Winner is permitted. Acceptance of prize constitutes permission for Kirkland’s to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
7. ODDS: The odds of winning depend on the number of eligible enteries received.
8. WINNER SELECTION AND NOTIFICATION: Winners will be selected by the marketing department of Kirkland’s. Winners will be notified by Instagram or Facebook within two (2) days following selection of Winners. Kirkland’s shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If Winners cannot be contacted, is ineligible, fails to claim the prize within [5 days] from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate Winners selected. Receipt by Winner of the prize offered in this Campaign is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT KIRKLAND‘S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CAMPAIGN, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
9. RIGHTS GRANTED BY YOU: By entering this content (e.g., photo, video, text, etc.), You understand and agree that Kirkland’s, anyone acting on behalf of Kirkland’s, and Kirkland’s licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Campaign, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes. without any further compensation, notice, review, or consent. Optional verbiage for Contests: By entering this content, You represent and warrant that your entry is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another, You will be disqualified at the sole discretion of Kirkland’s. If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, You shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless Kirkland’s from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which Kirkland’s may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
10.TERMS AND CONDITIONS: Kirkland’s reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Campaign should virus, bug, non-authorized human intervention, fraud, or other cause beyond Kirkland’s control corrupt or affect the administration, security, fairness, or proper conduct of the Campaign. In such case, Kirkland’s may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Kirkland’s. Kirkland’s reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Campaign or website or violates these Terms & Conditions. Kirkland’s has the right, in its sole discretion, to maintain the integrity of the Campaign, to void votes for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Campaign rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Campaign may be a violation of criminal and civil laws. Should such attempt be made, Kirkland’s reserves the right to seek damages to the fullest extent permitted by law.
11. LIMITATION OF LIABILITY: By entering, You agree to release and hold harmless Kirkland’s and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the Campaign and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error in the administration of the Promotion or the processing of entries.
12.DISPUTES: THIS CONTEST IS GOVERNED BY THE LAWS OF THE STATE OF TENNESSEE, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Contest, participant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Contest, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Tennessee having jurisdiction. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Contest). Participant further waives all rights to have damages multiplied or increased.
14. WINNERS LIST: To obtain a copy of the Winner’s name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: Kirkland’s, Inc., 5310 Maryland Way, Brentwood, TN 37027 Attn: Emily Vollman. Requests must be received no later than December 1, 2016 at 11:59 p.m. CT.
15. SPONSOR: The Sponsor of the Contest is Kirkland’s, Inc., 5310 Maryland Way, Brentwood, TN 37027.
The Campaign hosted by Kirkland’s is in no way sponsored, endorsed, administered by, or associated with Instagram.
By uploading an image to Instagram with the appropriate hashtag, You, the Contestant, hereby confirm that You have reviewed, accepted, and agreed to all of the Official Rules. Participation in the Campaign constitutes acceptance of the Official Rules.