November Sweepstakes Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.
VOID WHERE PROHIBITED OR RESTRICTED.
ELIGIBILITY: This Sweepstakes is open to legal residents of the continental United States, excluding Alaska, Hawaii, and Puerto Rico (the “Eligibility Area”), who are eighteen (18) years of age or older at the time of entry. This Sweepstakes is VOID outside of the Eligibility Area and where otherwise taxed, prohibited or restricted. Employees, directors, and officers of Kirkland’s, Inc. (“Kirkland’s”), Luckie Strategic PR, and their respective parent, subsidiary, and affiliated companies, advertising and promotion agencies, and members of their immediate family (spouse and parents, siblings and children and their spouses) or of the household of such individuals are not eligible to participate in this Sweepstakes.
ENTRY: To enter, follow the instructions on the blogger’s website and submit all required entry information. In the event of a dispute over the identity of an online entrant, the entry will be deemed submitted by the registered holder of the e-mail account. Entries will not be acknowledged or returned. Incomplete entries will be discarded and deemed void. No changes to any entry information will be permitted once submitted. By entering the Sweepstakes, entrants: (1) agree to these Official Rules; (2) acknowledge that Kirkland’s has not made nor is in any manner responsible or liable for any warranty, representation, or guarantee, expressed or implied, in fact or in law, relating to the prize; and (3) warrant that he/she is eligible to participate in this Sweepstakes.
ENTRY PERIOD: This Sweepstakes starts and ends on the dates and times set forth on the blogger’s website (the “Sweepstakes Period”). Entries received after the end of the Sweepstakes Period will be discarded and deemed void. ODDS: Odds of winning are determined by and depend upon the total number of eligible entries received.
PRIZE: One (1) Grand Prize Winner will receive a fifty dollar ($50.00) Kirkland’s gift card (Approximate retail value: $50.00). All taxes and any other expenses or costs associated with receipt of the prize are the sole responsibility of the winner. The prize is not transferable, and no substitution or assignment of the prize will be permitted, except Kirkland’s reserves the right, in its sole discretion, to substitute the prize with either the cash value of the prize or a prize of equal or greater value in the event the prize is unavailable. The prize may not be combined with any other offer. Kirkland’s will not be responsible or liable for the winner’s inability or failure to utilize the prize.
A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. Where permitted by law, acceptance of the prize constitutes permission for Kirkland’s and its agents to use the winner’s name, biographical information, hometown, and likeness for purposes of advertising, promotion, and publicity related to the Sweepstakes without additional compensation.
WINNER SELECTION AND NOTIFICATION: The Grand Prize Winner will be chosen by random drawing by the blogger on the date set forth on the blogger’s website from among all eligible entries received. The prize will be awarded only upon winner validation and verification by Kirkland’s. The potential winner will be notified by email, and the prize will be mailed to them by Kirkland’s. If the initially selected winner cannot be contacted or is ineligible, then the winner’s prize will be forfeited and an alternate winner will be selected by random drawing from among the remaining eligible entries.
DISQUALIFICATION: Any false information provided by an entrant concerning his/her identity or mailing address or any non-compliance by an entrant with these Officials Rule may result in the immediate disqualification of the entrant from the Sweepstakes. Persons found tampering with or abusing any aspect of this Sweepstakes will be disqualified. If disqualified, Kirkland’s reserves the right to terminate the person’s eligibility to participate in this and future contests and sweepstakes of Kirkland’s. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, KIRKLAND’S RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. In the event any portion of this Sweepstakes is compromised by non-authorized human intervention, action of entrants, or other causes beyond the control of Kirkland’s which, in the sole opinion of Kirkland’s, corrupts or impairs the integrity, administration, security, fairness, or proper play of this Sweepstakes, the Sweepstakes may be suspended or terminated and the prize awarded from among all eligible entries received prior to the action or compromise giving rise to the suspension or termination of the Sweepstakes.
DISCLAIMER; RELEASE: Kirkland’s and its agents are not responsible for: (a) any typographical or other errors or mistakes in the printing of the offer or any related advertisements or dissemination of Sweepstakes advertising, promotional and related materials; (b) any error, omission, interruption, defect, or delay in operations or transmission or for technical, network, telephone, computer, hardware or software malfunctions of any kind; (c) inaccurate transmission of entry information or failure to receive, maintain or safeguard entry information for any reason; (d) failure to contact the prize winner after reasonable effort; or (e) late, lost, illegible or misdirected entries or mail. By participating, entrants agree to release and hold Kirkland’s and its officers, directors, employees, affiliates, subsidiaries, advertising, fulfillment, marketing agencies, public relation firms, and contractors harmless from any and all liability, claims or actions of any kind whatsoever for injuries, damages or losses to persons (including death) and property which may be sustained in connection with an entrant’s receipt, possession, use, or misuse of the prize, or arising out of participation in this Sweepstakes, or while preparing for, participating in, and/or traveling to and from taking delivery of the prize or any prize-related activity. Kirkland’s expressly disclaims any responsibility or liability for injury or loss to any person or property relating to the delivery and/or subsequent use of the prize awarded.
LIMITATION OF LIABILITY: IN NO EVENT WILL KIRKLAND’S OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, ADVERTISING, PROMOTION, FULFILLMENT, MARKETING AGENCIES, PUBLIC RELATION FIRMS, OR CONTRACTORS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION, EXEMPLARY, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING OUT OF THIS SWEEPSTAKES AND/OR ANY ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE AWARDED IN CONNECTION WITH THIS SWEEPSTAKES, INCLUDING WITHOUT LIMITATION, ANY CLAIMS BASED ON PUBLICITY RIGHTS OR INVASION OF PRIVACY. EXCEPT WHERE PROHIBITED BY LAW, ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, BUT IN NO EVENT ATTORNEY’S FEES OR COSTS.
DISPUTES: Except where prohibited, as a condition of participating in this Sweepstakes, entrants 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 Sweepstakes, the prize awarded, or the determination of the winner, shall be resolved individually and without resort to any form of class action. This Sweepstakes shall be governed by the laws of the State of Tennessee and any action, suit or proceeding shall be brought only in a federal or state court located in Nashville, Tennessee. Any and all lawsuits or other disputes that arise relating to this Sweepstakes must be filed within one (1) year from the date that the winner is selected by random drawing.
GENERAL INFORMATION: 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.
PRIVACY NOTICE: Any personal information collected by Kirkland’s through this Sweepstakes will be used solely for prize fulfillment purposes.
WINNERS’ LIST/OFFICIAL RULES: For the name of the winner or a copy of the Official Rules, mail a self-addressed stamped envelope to Kirkland’s November 2011 Blogger Sweepstakes, c/o Luckie Strategic PR, Luckie & Company, 600 Luckie Drive, Birmingham, AL 35223. Please state “Winner’s List” or “Official Rules” on the outer envelope. Residents of WA and VT may omit return postage.
SWEEPSTAKES SPONSOR: Kirkland’s, Inc., 2501 McGavock Pike, Suite 1000, Nashville, TN 37214