Official Christmasland Story Contest Rules
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.
This Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook, Inc., Twitter, Inc., Pinterest, Inc., or Instagram, LLC.
1. PARTICIPATION CONSTITUTES ACCEPTANCE OF RULES AND DECISIONS . By participating in the Christmasland Story Contest (the “ Contest ”), each Participant (as defined below) warrants that he/she has read and agrees to abide by the terms and conditions set forth below (the “Official Rules”) and that he/she is not prohibited from participating in the Contest. Participation in this Contest constitutes Participant’s full and unconditional acceptance of these Official Rules and the decisions of Kirkland’s, Inc. (“ Sponsor ”) and its parent corporation, subsidiaries, affiliates, employees and agents, which are final, binding and non-negotiable in all respects.
2. ELIGIBILITY . No purchase necessary to participate or win. 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 will be required to obtain 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 Contest is VOID outside of the Eligibility Area and where otherwise taxed, prohibited or restricted. Employees, directors, agents and suppliers of Sponsor and their 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 Contest. By participating in this Contest, 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 Contest, and (d) agrees to receive additional marketing communications from Sponsor, which Participant may opt-out of at any time.
3. ENTRY PERIOD . The Contest begins on November 1, 2015 at 12:00:00 am Central Time (“CT”) and ends on November 15, 2015 at 11:59:59 pm CT (the “ Entry Period ”).
4. HOW TO ENTER . To enter, complete visit http://www.kirklands.com/Christmasland-Story-Contest and follow the instructions for submitting an entry by submitting a photograph that reminds you of your favorite Christmas memory and a description of your favorite Christmas memory in 200 words or less. Participants may submit one entry per IP address. No other form of participation is valid. Entries must be received by November 15, 2015 at 11:59:59 pm CT in order to be eligible. Entries received by Sponsor after the end of the Entry Period will be discarded and deemed VOID. All entry information must be complete to qualify. No changes to any entry, entry materials or information are permitted once submitted. All entries become the property of Sponsor and will not be acknowledged or returned. In the event of a dispute regarding the identity of a Participant, the entry in question will be deemed submitted by the natural person who is the registered holder of the email account at the time of entry, used to enter the Contest. Each 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 Contest online will not be deemed to constitute proof of receipt by Sponsor of entry. Sponsor shall not be responsible for technical failures in entry transmission.
A winner will be chosen by random drawing on or about November 25, 2015, will be notified by UPS overnight delivery, e-mail and/or phone on or about November 25, 2015 and will be announced on or about November 25, 2015. A prize award is subject to verification.
Persons who tamper with or abuse any aspect of this Contest, as solely determined by Sponsor, will be disqualified. Participants agree to Sponsor’s use of their names and likeness for advertising and publicity purposes, without additional compensation, unless prohibited by law.
5. 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. The odds of winning a prize will be the same regardless of method used to enter.
6. PRIZES : Subject to Sections 8 and 9 below, all prizes will be awarded. Use of each prize is subject to additional terms, exclusions and restrictions.
- One (1) prize winner will receive a $500 Kirkland’s electronic gift card (Approximate Retail Value (ARV) $500) (the “Grand Prize”)
- Five (5) prize winners will receive a $100 Kirkland’s electronic gift card (ARV $100) (each, an “Other Prize”)
SPONSOR EXPRESSLY DISCLAIMS AND MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO A PRIZE AWARDED. Sponsor SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO A WINNER OR POTENTIAL WINNER WHO IS UNABLE OR UNAVAILABLE TO ACCEPT OR UTILIZE A PRIZE, IN WHOLE OR IN PART, AS DESCRIBED HEREIN.
By accepting a prize, the winner waives (a) the right to assert, as a cost of winning said prize, any and all costs of redemption, travel to redeem said prize, or shipping costs; and (b) any and all liability that might arise from redeeming, seeking or using said prize. Potential winner is solely and exclusively responsible for any and all costs of redemption, shipping, delivery and/or insurance costs associated with taking possession of a prize. In the event that the potential winner is unable (for any reason) or chooses not to take delivery of a prize in accordance with these Official Rules, Sponsor reserves the right not to award a prize.
POTENTIAL WINNERS SHOULD CONSULT WITH THEIR TAX ADVISORS REGARDING A 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 A PRIZE AND WILL BE ISSUED AN IRS FORM 1099 FOR THE VALUE OF A PRIZE.
A prize is not transferable or exchangeable for cash, in whole or in part; however, Sponsor reserves the right to substitute a prize of comparable or greater value due to unavailability. No substitution or transfer of prize by winner is permitted. A prize may not be combined with any other offer. Except where prohibited by law, acceptance of a prize constitutes permission for Sponsor to use winner’s name, hometown, likeness, statements and other personally identifiable information for promotional, advertising and marketing purposes in any media throughout the world without additional prize, incentive, consideration, consent or review.
7. PRIZE AWARDING; WINNER ANNOUNCEMENT : Each potential winner and prize award is subject to verification and will be awarded only upon validation and verification by Sponsor. Potential prize winners will be determined as follows.
- After the end of the Entry Period, Sponsor will evaluate the entries and randomly select fifteen (15) entries from all eligible entries on or about November 17, 2015 (the “ Top entries ”).
- On or about November 18, 2015, Sponsor will post the Top entries on Sponsor’s Facebook page located at https://www.facebook.com/Kirklands .
- Between November 18, 2015 12:00:00 pm CT and November 22, 2015 11:59:59 pm CT (the “ Public Voting Period ”), members of the public will have the opportunity to vote on the entries.
- The entry with the most public votes via the Kirkland’s Facebook page during the Public Voting Period will be deemed to be the potential Grand Prize winner, and the five (5) entries with the next highest number of public votes during the Public Voting Period will be deemed to be the potential winners of the Other Prizes.
Potential winners will be notified by Sponsor by e-mail, and the potential prize winner’s name will be posted on www.facebook.com/Kirklands on or about November 25, 2015. If a potential prize winner does not respond by email to notice by Sponsor within three (3) calendar days of being notified by any method specified above, the potential winner is ineligible. In addition, if a prize notification is returned as undeliverable, or a potential prize winner is ineligible for any reason whatsoever, fails to complete and return any required documents within the required timeframe as described in Section 8, or fails to claim and/or accept delivery of a prize, a prize will be forfeited and an alternate potential winner may be selected by random drawing from among the remaining eligible entries using the criteria set forth herein.
8. WINNER VERIFICATION : Each 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, except where prohibited by law, a Publicity Release within five (5) calendar days of notification, or the potential winner is disqualified and forfeits a prize, and an alternate potential winner may be chosen by random drawing from among the remaining eligible entries. Each 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 a prize. Sponsor expressly reserves the right to delay the announcement of the winner for technical reasons or for any other reason Sponsor deems necessary.
WINNER IS SUBJECT TO VERIFICATION BY SPONSOR. A PARTICIPANT IS NOT A WINNER OF PRIZE UNLESS AND UNTIL PARTICIPANT’S ELIGIBILITY HAS BEEN VERIFIED AND PARTICIPANT HAS BEEN NOTIFIED BY SPONSOR THAT ELIGIBILITY VERIFICATION IS COMPLETE.
9. 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 Contest; (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 Contest. If so disqualified, Sponsor reserves the right to terminate the person’s eligibility to participate in this and future promotions and Contest offered by Sponsor. Sponsor reserves the right to request proof of any eligibility requirements in a form acceptable to Sponsor from a Participant at any time. Failure to provide such proof, if requested, may result in Participant’s disqualification, at Sponsor’s sole discretion. Any false information provided by any person concerning his/her identity or mailing address or any non-compliance by a Participant with these Officials Rules may result in the immediate disqualification of the Participant from the Contest. ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL OR ENTITY TO DAMAGE THE CONTEST WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST 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) errors, whether human, mechanical or electronic, in the administration of the Contest or the announcement of a prize or potential prize winner; (iii) late, lost, illegible, incomplete, stolen, deleted, or misdirected entries due to any reason; or (iv) other error 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 Contest or by any human error which may occur in the processing of the entries in this Contest. 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 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 any Participant’s or any other person’s computer related to or resulting from participation in this Contest. Participants acknowledge that 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 Contest or a prize, in whole or in part.
In the event any portion of this Contest 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 this Contest, Sponsor reserves the right in its sole discretion to cancel, suspend, modify or terminate this Contest. Should this Contest be terminated prior to the stated expiration date of the Entry Period, notice will be posted at www.facebook.com/Kirklands , and prizes will be awarded to potential winners 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 those listed above.
10. RELEASE; LIMITATION OF LIABILITY : By participating in this Contest and/or accepting a prize, each Participant releases Sponsor, Facebook, Inc., Twitter, Inc., Pinterest, Inc. and Instagram, LLC 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 any prize, or arising out of participation in this Contest, or while preparing for, participating in, and/or traveling to and from taking delivery or possession of any prize or any prize-related activity, and each Participant agrees to indemnify and hold such Released Parties 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, possession and/or subsequent use or misuse 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, ARISING OUT OF THIS SWEEPSTAKES OR ANY ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY 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 SPONSOR’S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF THIS SWEEPSTAKES EXCEED ONE HUNDRED U.S. DOLLARS ($100.00 USD).
11. GOVERNING LAW; DISPUTE RESOLUTION : This Contest 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 Participants and Sponsor in connection with this Contest, shall be governed by, and construed in accordance with, the laws of the State of 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 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 Contest 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 Contest, 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 Contest, any 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 Contest. Any controversy or claim arising out of or relating to these Official Rules and/or this Contest 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.
12. 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.
13. RULES REQUEST; WINNER’S NAME . For a copy of these Official Rules or for the name of the winner, please send a stamped, self-addressed envelope to Kirkland’s, Inc., 5310 Maryland Way, Brentwood, TN 37027, Attn: Christmasland Story Contest, by January 25, 2016. Residents of WA and VT may omit return postage.
14. SPONSOR . Kirkland’s, Inc., 5310 Maryland Way, Brentwood, TN 37027.
© 2015 Kirkland’s, Inc. All Rights Reserved.