THE KIRKLAND'S K CLUB SWEEPSTAKES OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.

ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.


ELIGIBILITY:

The K Club Sweepstakes (the "Sweepstakes") is open to legal residents of the 50 United States, including the District of Columbia, who are age 18 or older at the time of entry. Void in Puerto Rico, Guam, the U.S. Virgin Islands, outside the U.S., and wherever else prohibited by law. Employees of Kirkland's (the "Sponsor"), US Sweepstakes & Fulfillment Company (the "Sweepstakes Administrator") and their respective subsidiaries, affiliates, advertising and promotion agencies, and the immediate family members (spouses, parents, children, and siblings and their spouses) of, and/or those living in the same household of each, are not eligible to enter. Sweepstakes is subject to all applicable federal, state and local laws and regulations.


SWEEPSTAKES ENTRY PERIOD:

The Sweepstakes begins at 12:00:00 AM Central Time ("CT") on Friday, May 1, 2020 and ends at 11:59:59 PM CT on Friday, July 31, 2020 (the "Sweepstakes Period"). Within the Sweepstakes Period, there are three (3) Monthly Entry Periods (each, a "Monthly Entry Period") and three (3) corresponding Monthly Random Drawings (each, a "Drawing") as defined in the "Monthly Entry Periods & Drawings Schedule" below. Entries must be received during a Monthly Entry Period to be eligible for that Monthly Entry Period's drawing and prize. Non-winning entries for a Monthly Entry Period will not roll over to subsequent Monthly Entry Periods. Sponsor’s computer is the official timekeeping device for this Sweepstakes.


MONTHLY ENTRY PERIODS & DRAWINGS SCHEDULE

Entry Period #

MONTHLY ENTRY PERIODS
All eligible entries must be received between:

 

Mail-In Received By Date

Drawing Date:
On or about:

 

# of Prizes per Monthly Entry Period

Monthly Entry Period Start:
12:00:00 AM CT on:

Monthly Entry Period End:
11:59:59 PM CT on:

1

5/1/20

5/31/20

6/8/20

6/10/20

1

2

6/1/20

6/30/20

7/7/20

7/9/20

1

3

7/1/20

7/31/20

8/7/20

8/11/20

1



HOW TO ENTER:

There are two (2) ways to enter

  • Method #1:

    K Club Entry Kirkland’s K Club program (“K Club”) members will receive one (1) sweepstakes entry for each completed qualifying* purchase transaction using the email address associated with their K Club membership** in a participating Kirkland’s retail store or online at www.kirklands.com (the “K Club Entry”). *Gift Card purchases are not eligible. **K Club membership email must be the email address associated with your K Club account and must be provided when prompted during the purchase transaction to earn the K Club Entry. If you do not have a K Club account, you can sign up in-store or online. See www.kirklands.com/kclub for details on how to create a K Club account.

    There is a limit of one (1) K Club Entry per completed, qualifying purchase transaction . Any purchase that is subsequently refunded or cancelled during the Sweepstakes Period will not qualify as a qualifying purchase. K Club entrants are subject to the K Club Terms & Conditions found at https://www.kirklands.com/custserv/custserv.jsp?pageName=KClubTnC and all notices posted online or in-store including, but not limited to, the Sponsor’s Privacy Policy, which can be found at https://www.kirklands.com/custserv/custserv.jsp?pageName=Privacy&icid=footer_Privacy .

  • Method #2:

    Free, Alternate Method of Entry (“AMOE”) / Mail-in Entry. To enter without purchase or becoming a K Club member, mail a postcard (the “Mail-In Entry”), including your name, complete address, email address and phone number to the following address to receive one (1) entry into the Sweepstakes: The K Club Sweepstakes, 625 Panorama Trail, Suite 2100, Rochester, NY 14625-2437. Each Mail-In Entry must be mailed separately and must be postmarked during a Monthly Entry Period and received by Mail-In Received By Date, as indicated in the "Monthly Entry Periods & Drawings Schedule" above. Photocopied, illegible, or mechanically reproduced entries are not eligible. All entries become the property of the Sponsor and will not be returned or acknowledged. Sponsor is not responsible for lost, late, damaged, misdirected or postage-due mailed entries.

    K Club Entry and Mail-In Entry collectively referred to herein as "Entry" or "Entries". There is no limit to the number of entries an entrant may receive. All methods of entry have an equal chance of winning. Photocopied, illegible, or mechanically reproduced entries are not eligible. All entries become the property of the Sponsor and will not be returned or acknowledged. Sponsor is not responsible for lost, late, damaged, misdirected or postage-due mailed entries.


PRIZE/APPROXIMATE RETAIL VALUE (“ARV”) /ODDS:

There are three (3) Monthly Prizes available to be won; one (1) Monthly Prize per Monthly Entry Period. Each Monthly Prize winner will receive one (1) $500 Kirkland’s e-Gift Card. Kirkland’s e-Gift Cards are not redeemable for cash and will not be replaced if lost or stolen. Kirkland's e-Gift Card usage is subject to the issuing company's complete terms and conditions, including expiration dates. The ARV of each Monthly Prize is $500

The total ARV of all prizes available to be won: $1,500. Odds of winning will depend upon the total number of eligible entries received per Monthly Entry Period. There is a limit of one (1) Monthly Prize per person.


RANDOM DRAWINGS / WINNER NOTIFICATION & VERIFICATION:

Random Drawings will be conducted by the Sweepstakes Administrator, an independent representative of the Sponsor, whose decisions are final. The potential Monthly Prize winners will be selected in a series of random drawings from among all eligible entries received within the corresponding Monthly Entry Period on or about the corresponding Random Drawing Date indicated in the Monthly Entry Period & Drawings Schedule in the "Sweepstakes Entry Periods" section of these Official Rules. Potential Monthly Prize winners will be notified by email and required to confirm their full name, email address, mailing address and date of birth within 72 hours via return email. Prizes will be sent to the e-mail address provided at the time of entry or new address provided via email within 4-6 weeks of winner being verified.

If a winner is otherwise eligible under these Official Rules, but is nevertheless deemed a minor in his or her state of primary residence, the prize will be awarded in the name of winner's parent or legal guardian who will be required to execute and return a Minor's Release on minor's behalf.

If a prize notification or prize is returned as undeliverable, or if winner is found to be ineligible or not in compliance with these rules that winner will be disqualified, and the prize may be awarded to an alternate winner in a separate random drawing. If Sponsor is unable to determine and verify a potential winner after repeated alternate drawings or if Sponsor fails to receive a sufficient number of entries to correspond to the number of prizes available to be awarded, Sponsor reserves the right not to award such prize(s).


PRIZE CONDITIONS:

Prizes are not redeemable for cash, assignable, transferable, and may not be substituted except at Sponsor's sole discretion. Sponsor reserves the right to substitute a prize of equal or greater value at its discretion. Any other incidental expenses on prize not specified herein are the winner's sole responsibility.

Winner is responsible for all federal, state, local and income taxes associated with winning prize.

Except where prohibited by law, entry and acceptance of prize constitute permission to use winner's name, prize won, hometown, likeness, video tape, photographs, and statements for purposes of advertising, promotion and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification or permission.

GENERAL:

Participating entrants agree to these Official Rules and the decisions of the Sponsor and the Sweepstakes Administrator, and release the Sponsor, the Sweepstakes Administrator, and their affiliated companies, and all other businesses involved in this Sweepstakes, as well as the employees, officers, directors and agents of each (the "Released Parties"), from all claims and liability relating to their participation in the promotion, and the acceptance and use/misuse of the prize offered. Participating entrants assume all liability for and Released Parties shall be held harmless against any liability for any injury, losses or damages of any kind to persons, including personal injury or death, or injury to property caused or claimed to be caused in whole or in part, directly or indirectly, by participation in this Sweepstakes, acceptance, possession, or use/misuse of the prize, or any claims based on publicity rights, defamation or invasion of privacy, or merchandise delivery. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of the prize.

In the event of a dispute over the identity of an entrant, entry will be deemed submitted by the "Authorized Account Holder" of the e-mail address submitted at time of entry. Authorized Account Holder means the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Sponsor may ask any entrant or potential winner to provide Sponsor with proof, to Sponsor’s satisfaction, that such party is the authorized account holder of the email address associated with the entry. Entry materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices are void. The Released Parties are not responsible for: (i) lost, late, misdirected, damaged or illegible entries; or (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in the Sweepstakes. By participating in the Sweepstakes, you (i) agree to be bound by these official rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Sponsor and the Sweepstakes Administrator, which are final and binding in all matters relating to the Sweepstakes. Failure to comply with these official rules may result in disqualification from the Sweepstakes. Sponsor reserves the right to: cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any factor beyond Sponsor's reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor. If, for any reason, the Sweepstakes cannot be run as planned, Sponsor may disqualify any suspect entries or individuals from the Sweepstakes and any sweepstakes it sponsors and (a) suspend the Sweepstakes and modify the Sweepstakes to address the impairment, then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; and/or (b) award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment.


THE RELEASED PARTIES ARE NOT RESPONSIBLE IF THIS SWEEPSTAKES CANNOT BE ADMINISTERED OR CONDUCTED OR ANY PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS RESULTING OR ARISING FROM ACTS OF GOD, WAR, OR TERROROISM, CIVIL UNREST, STRIKES, SUPPLY SHORTAGES, NATURAL DISASTERS, WEATHER, EPIDEMICS, COMPLIANCE WITH ANY LAW OR ORDER OF A GOVERNMENTAL AUTHORITY, OR ANY OTHER SIMILAR ACT, EVENT, OR OCCURENCE BEYOND THE REASONABLE CONTROL OF THE SPONSOR. BY PARTICIPATING IN THIS SWEEPSTAKES, PARTICIPANT AGREES THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SUCH SITE, AS APPLICABLE. FURTHER, SPONSOR SHALL NOT BE RESPONSIBLE FOR ANY CANCELLATIONS, DELAYS, DIVERSIONS, CHANGES IN SERVICE OR ACCOMODATIONS OR SUBSTITUTIONS, OR FOR ANY ACTS OR OMISSIONS BY ANY THIRD PARTIES BEYOND ITS REASONABLE CONTROL, INCLUDING AIR CARRIER(S) AND OTHER TRANSPORTATION COMPANIES; LODGING, RESTAURANT OR OTHER HOSPITALITY PROVIDERS; ENTERTAINMENT PROVIDERS, VENUES OR ARTISTS; OR OTHER THIRD PARTY PROVIDERS SUPPLYING ANY SERVICES OR COMPONENTS OF THE PRIZE(S) TO WINNERS AND/OR THEIR GUESTS, OR FOR ANY RESULTING INJURIES, INCLUDING MONEY DAMAGES, COSTS AND EXPENSES, PROPERTY DAMAGES, PERSONAL INJURIES OR DEATH RESULTING THEREFROM.


LEGAL WARNING:

ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEB SITE OR INTERFERE WITH THE OPERATION OF THE SWEEPSTAKES, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.


GOVERNING LAW AND LIMITATION OF LIABILITY:

All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of Tennessee, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.

BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS' REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.


DISPUTES:

The parties hereto each agree to finally settle all disputes only through arbitration; provided, however, the Released Parties shall be entitled to seek injunctive or equitable relief in the state and federal courts in Williamson County, Tennessee and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, ”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Brentwood, Tennessee. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Brentwood, Tennessee. Sponsor agrees to pay the administrative and arbitrator's fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.


PRIVACY:

Personal information collected from entrants are subject to the Sponsor’s Privacy Policy, which can be found at https://www.kirklands.com/custserv/custserv.jsp?pageName=Privacy


OFFICIAL RULES REQUEST:

To request a copy of the Official Rules, see https://www.kirklands.com/content.jsp?pageName=KClubSweepstakesRules or send a self-addressed, stamped envelope by May 11, 2020 to: The Kirkland's K Club Sweepstakes Official Rules Request , PO Box 25466, Rochester, NY 14625-0466.


WINNER CONFIRMATION REQUEST:

For a written confirmation of the winner (available after May 11, 2020, send a stamped, self-addressed envelope (no later than June 11, 2020), to: The Kirkland's K Club Sweepstakes Winner Confirmation Request , PO Box 25466, Rochester, NY 14625-0466.


SPONSOR:

Kirkland’s, 5310 Maryland Way, Brentwood, Tennessee 37027.


SWEEPSTAKES ADMINISTRATOR:

US Sweepstakes & Fulfillment Company, 625 Panorama Trail, Suite 2100, Rochester, NY 14625. 1-800-620-6044


Void outside the US, in Puerto Rico, Guam, the U.S. Virgin Islands and wherever else prohibited by law.