Sofia Vergara Makeover Twitter Sweepstakes

Sofia Vergara Makeover Twitter Sweepstakes
Official Rules

NO PURCHASE 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: Sofia Vergara Makeover Twitter Sweepstakes (the “Sweepstakes”) is open only to individuals who, at the time of entry, are (i) legal residents of New York, New Jersey and Connecticut, (ii) are at least eighteen (18) years old, (iii) and have not been previously convicted of a felony or crime of moral turpitude. Employees of Sears Holdings Management Corporation, and its affiliated companies as well as their immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible to enter or win.

The Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void outside of New York, New Jersey and Connecticut and where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.

2. Sponsor: Sears Holdings Management Corporation, 3333 Beverly Rd., Hoffman Estates, IL 60179.

3. Timing: The Sweepstakes begins on September 19, 2012 at 12:00:00 pm Eastern Daylight Time (“EDT”), and ends on September 21, 2012 at 11:59:59 am EDT (the “Promotion Period”).

4. How to Submit an Entry: To enter the Sweepstakes, during the Promotion Period, follow Sponsor on Twitter at http://twitter.com/kmartfashion (“Website”). You must have or create a non-private Twitter account in order to enter. If you are not an existing member of Twitter, you will be required to follow the directions and join Twitter. When you join Twitter, you are indicating that you have read and agree to accept the Twitter Terms and Conditions and Privacy Policy available at http://twitter.com/tos. Membership to Twitter.com is free. On September 19, 2012 at or around 12:00:00 pm EDT, Sponsor will post a tweet beginning the Sweepstakes (“Initiating Tweet”). To enter, post a tweet back to Sponsor telling us why you love Sofia Vergara (“Entry Tweet”). The content of the Entry Tweet from the entrant, as submitted, will be considered the “Entry.” Each Entry Tweet counts as one (1) Entry. Your Entry must include a relevant tweet to the Sweepstakes and must include the “@kmartfashion” tweetback and “#SofiaSweeps”” hashtag to be valid. Entries will not be judged. Each Entry must be in English. On September 21, 2012 at or about 11:59:59 am EDT, Sponsor will tweet to its followers a message ending the Sweepstakes (“Terminating Tweet”). All Entries must be tweeted during the Sweepstakes Period prior to the posting of the Terminating Tweet.

All Entries must have a valid Twitter account. Entries will be deemed made by the authorized Twitter account holder associated with the username from which the Entry is submitted at the time of entry. The authorized account holder is defined as the natural person who is assigned to a username by twitter.com. You must enter using only a twitter.com account subscribed to and registered in your name. Potential winner(s) may be required to provide Sponsor with proof that the potential winner is the authorized account holder of the user name/Twitter account associated with the winning Entry and/or an eligible entrant. Participants may not enter with multiple/different email addresses, Twitter accounts, or identities nor may entrants use any other methods, devices, or artifices to enter multiple times or as multiple registrants. Any entrant who attempts to enter with multiple Twitter accounts under multiple identities will be disqualified and forfeits any and all prizes won, in Sponsor’s discretion. Entries generated by a robotic, programmed, script, macro or any other automated means will be disqualified. No other forms of entry are valid other than those set forth above. All Entry information becomes the property of the Sponsor. Proof of submission of Entry shall not be deemed proof of receipt by the Sponsor. Twitter’s computer is the official time keeping device for the Sweepstakes. By submitting an Entry, you hereby warrant and represent that your Entry conforms to the Entry Guidelines set forth herein. Entry must contain the “#SofiaSweeps” hashtag to be valid.

As used herein, “Content” refers to all content you submit in connection with the Promotion (e.g., content of your tweet, etc.). Content will not be judged.

Entrants represent and warrant that their Content is the original work of such entrant, it has not been copied from others, it has not previously won awards, it does not violate the rights of any other person or entity, and publication of the Content via various media including Web posting will not infringe on the rights of any third party. Any Entrants indemnify and hold harmless, Released Parties from any claims to the contrary.

Limit: Limit one (1) entry per person/Twitter account during the Promotion Period.

By posting Content, you agree that your Content is gratuitous and made without restriction, and will not place Sponsor under any obligation, that Sponsor is free to disclose or otherwise disclose the ideas contained in the Content on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your Content, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than you.

All Content posted by you must conform to the additional submission requirements set forth herein:

• Content cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any materially dangerous activity;

• Content cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;

• Content cannot be obscene or offensive, endorse any form of hate or hate group;

• Content cannot defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies;

• Content cannot infringe trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind (other than products contained in your rating), or contain any personal identification other than entrants;

• Content cannot infringe copyrighted materials owned by others;

• Content cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and

• Content cannot depict, and cannot itself, be in violation of any law.

5. Drawing:

Sponsor will randomly select the potential Sweepstakes winner from all eligible entries received, on or around September 21, 2012. Potential winner will be notified by a direct message from Sponsor’s official Kmart Fashion account (@KmartFashion) to the potential winner’s Twitter ID as recorded in the winner’s Twitter account, by e-mail, or by telephone in Sponsor’s sole discretion. Odds of winning a prize depend on the number of eligible entries received.

Potential winner is subject to verification. Potential winner may be required to fully complete, sign and timely return an unaltered Affidavit of Eligibility/Liability Release provided by Sponsor, and, where lawful, an unaltered Publicity Release within seven (7) days of prize notification. If a potential winner is found not to be eligible or not in compliance with these Official Rules, if attempted notification or any prize is returned as undeliverable, if any required documents are not returned within the required number of days, if a winner cannot be verified, if winner is unable to be present at the Store (defined below) on the date and during the times specified in Rule 6 below, or if a winner is otherwise unable or unwilling to accept and claim the prize as stated, then prize may be forfeited. Winner may be issued an IRS 1099 form. Prize won by an eligible entrant who is a minor in his/her state of residence will be awarded to minor’s parent or legal guardian who must sign and return all required documents, if any. Receiving a prize is contingent upon compliance with these Official Rules.

6. Prize: One (1) winner will receive basic hair and makeup styling at the Astor Place K-Mart store at 770 Broadway, New York, New York 10003 (“Store”) on September 27, 2012, as well as A $200 K-Mart gift card which can be used to purchase Sofia Vergara apparel and accessories chosen by Sofia Vergara. Prize elements are subject to Sofia Vergara’s availability. In the event Sofia Vergara is not available, only the remainder of the prize will be awarded. Prize does not include travel to or from the Store. Winner is responsible for transportation to and from the Store and must be available September 27, 2012. Prize will be awarded between approximately 2:15 EDT and 4:00 pm EDT on September 27, 2012. Approximate Retail Value (“ARV”): $200. ARV is as of date of printing of these Official Rules. The difference in value of prize as stated herein and value at time of prize notification, if any, will not be awarded. Prize is non-transferable, is not redeemable for cash, and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winner is responsible for all taxes and fees associated with prize receipt and/or use, if any. Limit: One (1) prize per person/Twitter account.

7. Release: By receipt of any prize, winner agrees to release and hold harmless Sponsor, and its affiliated companies, suppliers, distributors, advertising/promotion agencies, Sofia Vergara, and prize suppliers (if any), and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes or receipt or use or misuse of any prize and/or use of the Content. Winner acknowledges that Promotion Parties have not made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose. Any and all warranties and/or guarantees on a prize (if any) are subject to the respective manufacturers’ terms therefore, and winners agree to look solely to such manufacturers for any such warranty and/or guarantee.
8. Publicity: Except where prohibited, participation in the Sweepstakes constitutes winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown, state, and wish list submitted for promotional purposes in any media now known or hereinafter developed, worldwide, without further payment or consideration. Winner’s name and likeliness may be published on Sponsor’s websites, in Sponsor’s sole discretion.
9. Ownership & License: Providing Content grants Sponsor and its agents the right to publish, use, adapt, edit and/or modify such Content in any way, in any and all media, without limitation, and without consideration to the entrant. By accepting a prize, each winner agrees that his or her Content will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the winner irrevocably assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her Content, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Winner hereby waives in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that winner may now or later have to their Content. Sponsor reserves the right to alter, change or modify the winning Content, in its sole discretion. Upon request of Sponsor, winner shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Content and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment.

10. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor reserves the right to conduct a background check on potential winner prior to awarding prize to ensure compliance with eligibility requirements. Potential winner agrees to cooperate and provide requested information to Sponsor in connection with the background check.
11. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, if it is possible. If the Sweepstakes, or any part of it, is discontinued for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for the prize offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
12. Binding Arbitration: Any controversy or claim arising out of or relating to this Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Illinois law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS CONTEST IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.

BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) 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), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT’S 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 EVERY ENTRANT.

13. Governing Law & Jurisdiction: The Official Rules and the Sweepstakes are governed by US law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Sweepstakes Official Rules, or the rights and obligations of Entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Illinois, U.S.A., 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 Section 12 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of Illinois, in the City of Chicago.

14. Entrant’s Personal Information: Information collected from entrants is subject to Sponsor’s Privacy Policy found at www.sears.com/shc/s/nb_10153_12605_NB_CSprivacy?adCell=AF.

15. Winner List: To obtain the winner’s list (available after approximately [Month, Date, 2012]) send an email to sarah.fromson@searshc.com with the subject line “Sofia Vergara Makeover Twitter Sweepstakes.”

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