"Cherish Every MOMent" with Kirkland's
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 Share a MOMent 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 April 12, 2015 and ends at 11:59:59 PM CT April 26, 2015 (the "Promotion Period").
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"), Facebook ("Facebook"), 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 eligible 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. There is one(1) way to enter:
KIRKLANDS.COM ENTRY METHOD: During the Promotion Period, Kirkland's will post on the homepage inviting customers of Kirkland's to enter this Promotion (collectively, the "Promotion Stories") Follow the instructions contained in a Promotion Story http://www.kirklands.com/content.jsp?pageName=GiveawayEntry ) during the Promotion Period to complete and submit all required registration information (including your name, a valid email address, mailing address and date of birth) in order to receive an Entry.
LIMIT ONE (1) ENTRY PER PERSON PER EMAIL ADDRESS DURING THE PROMOTION PERIOD, REGARDLESS OF METHOD OF ENTRY . 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 account, at the time of Entry, used to enter the Promotion. In the event a potential winner entered this Promotion electronically online, such 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; 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.
Subject to Sections 7 and 8 below, the prize will be awarded. One (1) grand prize winner will receive a $500 spa giveaway from spafinder.com and one (1) $100 Kirkland's Gift Card. Nine (9) runner-ups will receive (1) $100 Kirkland's gift card based on the amount of "likes" each respective post receives by previously mentioned date. 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(s) will be chosen by random drawing from all eligible Entries and notified by Sponsor on or about April 27, 2015. Winner(s) will be selected by public voting via Facebook "likes". The top 10 entries that generate the most likes will be notified on or about May 8th.
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 will be required to respond to the email within 24 hours of the date the email message was sent by Sponsor, with his/her first and last name, or the prize will 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: (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.
9. 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).
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 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.
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 Entertain in Style Giveaway, 5310 Maryland Way, Brentwood, TN, 37027. Residents of WA and VT may omit return postage.
13. SPONSOR/ADMINISTRATOR: This Promotion is sponsored and administered by Kirkland’s, Inc., 5310 Maryland Way, Brentwood, TN 37027.
K CLUB REWARDS TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
BY ACCESSING OR USING THE K CLUB REWARD PROGRAM, AND RECEIVING PRODUCTS FROM KIRKLAND'S AT LOCATIONS IN THE U.S., YOU AGREE THAT U.S. AND TENNESSEE LAW GOVERN YOUR USE OF AND MEMBERSHIP IN THE K CLUB REWARD PROGRAM.
BY ACCESSING OR USING THE K CLUB REWARD PROGRAM, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT PARTICIPATE IN THIS PROGRAM. PARTICIPATION IN K CLUB REWARD PROGRAM IS VOID TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
MEMBERSHIP: Membership in K Club Rewards is limited to individual residents of the United States who are at least 18 years of age and have a current, valid email account. Membership in the K Club Rewards program is non-transferable and subject to these Terms and Conditions and all terms incorporated by reference.
By becoming a member of the K Club Rewards program, you agree to receive advertising, marketing and promotional materials and other communications from Kirkland's except where you have expressly disallowed in your customer profile preferences. You may opt out of receiving some or all of these promotional emails by clicking on the opt-out button on the bottom of the email and following the instructions. You will still receive emails about your K Club Rewards account including accumulated points, rewards and password assistance. If you wish to stop all emails from Kirkland's related to K Club Rewards, you must cease using your K Club Rewards account.
Membership rules are void to the extent where prohibited by U.S. law. Taxes may apply where required by law. Kirkland's reserves all rights to interpret and apply the policies and procedures communicated in these Terms and Conditions. All determinations by Kirkland's shall be final and conclusive in each case. Membership is nontransferable and subject to present and future program rules. Membership is valid only at participating Kirkland's U.S. retail store locations and at www.kirklands.com.
EARNING POINTS AND REWARDS: There are two (2) different levels of earning points available: (1) customers earn one (1) point for every $1 USD spent on their eligible product purchases; or in the alternative (2) Kirkland's Cardholders earn two (2) points for every $1 USD spent on their eligible product purchases but only when using his or her Kirkland's Card. ("Card" means the valid credit card issued by Wells Fargo Financial National Bank ("Wells Fargo") to a customer to use to access customer's credit card account pursuant to a Credit Card Agreement between customer and Wells Fargo. "Cardholder" means a customer of Kirkland's who has applied for and been approved for a Card and such Card account has an available credit amount that is sufficient to apply to the customer's total purchase.) For each level, a member may only earn points when using such member's K Club Rewards membership email used to enroll in K Club Rewards at the time of the member's purchase at a participating Kirkland's store or online at www.Kirklands.com. Qualifying purchases include Kirkland's regular and sale priced merchandise, but exclude purchases of gift cards or gift certificates. Taxes and shipping and handling charges are also excluded when calculating points. A member will earn points on the qualifying purchase subtotal, after all discounts, including without limitation Program Rewards (as defined below), have been applied but before applicable taxes, or shipping, handling or other charges. Returned merchandise, refunds or other adjustments are not eligible for points. When a member returns or exchanges products, points will be deducted from the member's K Club Rewards account for the amount of return net of taxes, shipping and handling (please note that the member may have a negative point balance if the dollar amount returned is greater than his/her current K Club Rewards point account balance). In the event that a member returns merchandise that was partially or wholly paid for with Program Rewards (defined below), the Program Rewards used in connection with such a purchase shall not be reissued, and no points representing such Program Rewards shall be reissued to such member's account.
Only one K Club Rewards account may be used in connection with a qualifying purchase. Points will only be credited to one K Club Rewards account per qualifying purchase even if a member has more than one K Club Rewards account. Points cannot be earned on purchases made prior to becoming a K Club Rewards member (except that points earned under a prior Kirkland's rewards program by a member may be transferred to that same member's K Club Rewards account, subject to Kirkland's approval and these Terms and Conditions).
K CLUB REWARDS BENEFITS: For only members that complete their profile, for every 300 points earned by such a member in the K Club Rewards program, that member will receive $10 USD in rewards ("Program Rewards") redeemable against a future purchase of any qualifying merchandise at participating Kirkland's stores. Once the member completes his/her profile, Program Rewards will generate within 24 hours. Program Rewards will automatically be issued to member's account when his/her account points total reaches the 300 point threshold. Program Rewards that a member has accrued will be available to such member to redeem in participating Kirkland's stores by asking a store associate to redeem Program Rewards earned by such member when purchasing qualifying merchandise at participating Kirkland's stores by looking up the member's Program Rewards balance.
Neither points nor Program Rewards have any cash value, are not transferable and may not be combined among K Club Rewards members or conveyed by any means to anyone, including through a member's estate, and may not pass to members' successors and assigns. You acknowledge that points and Program Rewards are purely promotional and are provided without payment of anything of value. Notwithstanding anything to the contrary in these Terms and Conditions, unless and until you present a Program Reward, and such Program Reward is accepted, in accordance with these Terms and Conditions, no right, title or interest in the points or Program Rewards has been earned. K Club Rewards points remain in the applicable member's account until such member's points total earns a Program Rewards by reaching the 300 point threshold. Program Rewards are valid for thirty (30) days from date of posting to member's account. Kirkland's reserves the right to change K Club Rewards at any time without notice, including imposition of new point and/or Program Rewards expiration dates. Wells Fargo neither sponsors nor is associated with the K Club Rewards program and is not responsible for administering or managing any part of the K Club Rewards program. Enrollment in K Club Rewards is not associated with and is not part of the application process for the Kirkland's Card, and enrollment and participation in K Club Rewards does not qualify you to apply for, be eligible for or receive a Kirkland's Card. Any and all inquiries with respect to applying for a Kirkland's Card should be directed to 1-800-459-8451.
CANCELLATION AND TERMINATION POLICY: Kirkland's reserves the right to terminate, cancel, temporarily suspend or amend the K Club Rewards program at any time without notice to you. Kirkland's may change the K Club Rewards rules, regulations, benefits, conditions of participation, terms or point levels for Program Rewards, in whole or in part, at any time without notice, even though changes may affect the value of the points already accumulated and may result in the decrease in redemption value or cancellation or forfeiture of points or rewards not yet redeemed. Kirkland's in its sole discretion reserves the right to cancel an individual membership, and void any points and/or Program Rewards in a member's account, at any time and for any reason. Multiple accounts corresponding to the same email address may be subject to termination without notice and may result in forfeiture of points.
If a member closes his/her K Club Rewards account, or the K Club Rewards program is terminated or cancelled for any reason, all points and rewards not yet redeemed are forfeited. Kirkland's will not accept any Program Rewards in the event the K Club Rewards program has been cancelled, terminated or suspended. Kirkland's is not responsible for communications, including Program Rewards, lost due to change of address or other contact information. Points in members' accounts expire and are forfeited if the K Club Rewards program is terminated for any reason.
MODIFICATION OF TERMS AND CONDITIONS: These Terms and Conditions supersede all previously published terms and conditions. Kirkland's reserves the right to end or modify the K Club Rewards program at any time without notice. Updated versions of these Terms and Conditions will be posted on the K Club Rewards member portal website at www.kirklandsclubrewards.com. Continued use of a K Club Rewards program Account constitutes acceptance of any amendments, changes, updates, or additions to these Terms and Conditions.
HOW TO CONTACT US: For information about a K Club Rewards account, to update account information or for general information regarding K Club Rewards, visit www.kirklandsclubrewards.com or contact K Club Rewards customer service: By phone: 1.877.541.4855
© 2015 Kirkland’s, Inc. All Rights Reserved.