KOHL'S DEPARTMENT STORES, INC.
KOHL'S "JUSTIN BIEBER'S BIGGEST FAN TWITTER" SWEEPSTAKES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
This Promotion is in no way sponsored or endorsed by Twitter, Inc.
1. Sponsor: Kohl's Department Stores, Inc., N56 W17000 Ridgewood Drive, Menomonee Falls, WI 53051.
2. Administrator: LeadDog Marketing Group, 159 W. 25th Street, 2nd Floor, New York, NY 10001.
3. Eligibility: "The Kohl's Justin Bieber's Biggest Fan Twitter Sweepstakes" ("Sweepstakes") is open only to legal residents of the 48 Contiguous United States and District of Columbia who are 13 years of age or older at the time of entry. Employees of Sponsor, Administrator, Twitter, Inc. ("Twitter"), any organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Sweepstakes, and/or each of their respective parent, subsidiary, affiliated and successor companies, and immediate family and household members of such individuals, are not eligible to enter or win prize(s). "Immediate family members" shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. "Household members" shall mean people who share the same residence at least three months a year, whether related or not. Void in Alaska, Hawaii and where prohibited or restricted by law.IF YOU ARE UNDER THE AGE OF 18, YOU ARE ADVISED TO OBTAIN THE PERMISSION OF YOUR PARENT OR LEGAL GUARDIAN PRIOR TO ENTERING THE SWEEPSTAKES.
4. Sweepstakes Schedule: The Sweepstakes begins on or about 9:00 a.m. Central Time ("CT") on October 30, 2012 and ends 11:59 p.m. CT on November 19, 2012 ("Promotion Period"), as set forth in the chart below. Sponsor's computer is the official clock for this Promotion. Three (3) separate and distinct Weekly Sweepstakes Entry Periods and a Grand Prize Period comprise the Promotion Period.
Sweepstakes Entry Periods
|Entry Periods||Begin Date & Time||End Date & Time|
|Weekly Period#1||9:00 am CT on 10/30/12||8:59 am CT on 11/6/12|
|Weekly Period#2||9:00 am CT on 11/6/12||8:59 am CT on 11/13/12|
|Weekly Period#3||9:00 am CT on 11/13/12||11:59 pm CT on 11/19/12|
|Grand Prize Period||9:00 am CT on 10/30/12||11:59 pm CT on 11/19/12|
5. Sweepstakes Entry: During the Promotion Period, go to http://www.twitter.com/kohls (or the
mobile version of the website) and send a reply (as a tweet) to the original Sweepstakes
tweet message which contains: (i) why you are the biggest Justin Bieber fan; (ii) the
#JustinFanKohls hashtag and (iii) the url to the Official Rules: http://oak.ctx.ly/r/z1r
(collectively, the "Sweepstakes Tweet"). For example, "I have all of his albums:
#JustinFanKohls Official Rules: http://oak.ctx.ly/r/z1r" would be a complete Sweepstakes
Tweet. All three (3) elements of the Sweepstakes Tweet must be present to be considered an
Eligible Entry (as hereinafter defined). A Sweepstakes Tweet that does not contain why you
are the biggest Justin Bieber fan, the hashtag and/or url to the Official Rules will not be
considered an eligible entry. For the avoidance of doubt, the Sweepstakes Tweet need only
contain an answer to the question (why you are the biggest Justin Bieber fan) which is in
compliance with the Content Guidelines set forth below; the quality of the answer will not
affect one's ability to enter the Sweepstakes. Use of the hashtag for purposes other than
Sweepstakes participation is strongly discouraged. (Note: You will need to create a Twitter
account if you don't already have one. Twitter registration is free.) BY TWEETING THE #JUSTINFANKOHLS HASHTAG AND OFFICIAL RULES URL YOU ARE AGREEING TO
THE TERMS OF THESE OFFICIAL RULES. One (1) entry per person per Sweepstakes
Entry Period allowed. Each entry must contain a materially different answer to the
question why you are the biggest Justin Bieber fan; DO NOT SUBMIT SWEEPSTAKES
TWEETS WITH THE SAME ANSWER FOR MORE THAN ONE SWEEPSTAKES ENTRY
PERIOD. Once submitted, a tweet/entry cannot be modified, amended or
supplemented by entrant in any way. Entries become the property of Sponsor and will not
be returned. Retweets, automated tweets or tweets sent via a bot will be disqualified. You
may only use one (1) Twitter account to participate in the Sweepstakes. All entries submitted
in accordance with these Official Rules shall be hereinafter referred to as "Eligible Entries" or
each an "Eligible Entry". Each Eligible Entry will count as one (1) entry into the Sweepstakes
(for applicable Sweepstakes Entry Period). All entries must comply with the Twitter Terms of
Service and Twitter Rules available at the Twitter Web Site. Important note: If your Twitter
account is set to "protected mode," your updates/responses may not be visible in Sponsor's
@Kohls timeline and may not thus be received by Sponsor unless you previously consented
to permit @Kohls to see your Twitter updates. If you opt to access Twitter via your wireless
mobile device (only available via participating wireless carriers), data rates may apply for
each message sent or received from your handset according to the terms and conditions of
your service agreement with your wireless carrier. Other charges may apply (such as normal
airtime and carrier charges as well as charges for wireless Internet access) and may appear
on your mobile phone bill or be deducted from your prepaid account balance. Wireless
carriers' rate plans may vary, and you should contact your wireless carrier for more
information on messaging rate plans and charges relating to your participation in this
Sweepstakes. Mobile device service may not be available in all areas. Check your phone's
capabilities for specific instructions.
Sponsor and its agencies are not responsible for failed, partial or garbled computer transmissions, or for technical failures of any kind, including but not limited to electronic malfunction or damage of any network, hardware or software (or for one's Sweepstakes Tweet/entry not being received due to Twitter's filtering mechanism and/or operation of other technology.) If for any reason the Sweepstakes (in whole or in part) is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, fire, flood, storm or other natural cataclysm, riot, strike, civil commotion, governmental regulation or any other causes beyond Sponsor's control that corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes (for example changes by Twitter to its policies and terms), Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process, and to terminate, modify or suspend the Sweepstakes. In such event, Sponsor reserves the right to conduct the Sweepstakes and award the prizes for affected Sweepstakes Entry Period(s) by means of a random drawing from among all eligible entries received prior to and/or after (as appropriate) the action taken by Sponsor for affected Sweepstakes Period(s) or otherwise in a manner which is fair, appropriate and consistent with these Official Rules, as determined by Sponsor in its sole discretion. Notice of termination/ suspension of Sweepstakes will be posted on http://oak.ctx.ly/r/z1r and www.twitter.com/kohls. No responsibility is assumed for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or loss, destruction or unauthorized access to, or alteration of, entries; or any problems or technical malfunctions of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail/electronic entry/mobile entry/Sweepstakes Tweet to be received on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to entrant's or any other person's computer (or mobile phone, as applicable) related to or resulting from participation in or downloading any materials from this Sweepstakes.
Entrants further agree not to knowingly damage or cause interruption of the Sweepstakes and/or prevent others from participating in the Sweepstakes. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE (INCLUDING THE MOBILE VERSION OF THE WEBSITE) OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES VIOLATES CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY ENTRANT MAKING SUCH ATTEMPT AND SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.
6. Content Guidelines: In addition to complying with all other requirements of these Official
Rules, each Sweepstakes Tweet must comply with the following guidelines ("Content
Guidelines"). Any Sweepstakes Tweet that Sponsor/Administrator, in their sole
discretion, determines is in violation of these Content Guidelines will result in
disqualification of entrant responsible for same (but, disqualification shall not
represent the sole remedy available to Sponsor under such circumstances). In
addition, subject to any consent that may be required from Twitter, the violative
Sweepstakes Tweet will be removed from the Kohl's Twitter Page, and Sponsor and
Administrator expressly disclaim any liability or obligation in conjunction with such
removal. Each Sweepstakes Tweet must be truthful in all material respects and must not:
• Contain content or material that violates or infringes any third party rights of any kind, including without limitation, any third party privacy, publicity, trade secret and/ or intellectual property rights, including third party registered and/or common law copyrights and trademarks;
• Disparage Sponsor, Administrator, any other person or entity affiliated with the Promotion (including but not limited to Justin Bieber) or the products, services or entities that are competitors of any of the foregoing;
• Contain brand names or trademarks of any third party other than those owned by or licensed to Sponsor (as discussed below), but you may identify Justin Bieber by name;
• Contain content or other creative elements not created by and original to entrant or licensed to entrant by Sponsor (see below);
• Contain content or other material that is misleading, inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous;
• Contain content or other material that reflects, advocates or promotes bigotry, racism, hatred, harm or exploitation of or against any class, group or individual, discrimination based on race, gender, religion, nationality, disability, sexual orientation or age, or actions or activities that are restricted, prohibited, illegal or unlawful;
• Contain any testimonial or claim as to the attributes, properties or potential usage benefits of any product or service of Sponsor or any third party;
• Contain content or other material that is unlawful or in violation of or contrary to any applicable federal or state laws or regulations; and
In addition to the foregoing, the Sweepstakes Tweet cannot:
• Contain executable programming of any kind, including without limitation, viruses, worms, Trojan horses, spyware, malware, time bombs, Easter eggs, cancel bots or any kind of malicious or benign computer programming whatsoever; and
• Contain encrypted content of any kind, including without limitation, encoded messages.
Subject only to the rights of Twitter as operator of its social network, entrant (if entrant is a minor in his/her jurisdiction of residence, his/her parent or legal guardian) grants to Sponsor and its designees the non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable, sublicenseable right and license to use, display, perform, exhibit, reproduce and/or otherwise exploit his/her Sweepstakes Tweet in any manner and in any and all distribution channels, venues or media now known or hereafter devised, without further notice or any compensation to entrant. Entrant (if entrant is a minor in his/her jurisdiction of residence, his/her parent or legal guardian) waives any "Moral Right of Authors" (Droit Moral) in the Sweepstakes Tweet. Entrant (if entrant is a minor in his/her jurisdiction of residence, his/her parent or legal guardian) further agrees, upon Sponsor's request and without compensation, to sign any and all necessary and appropriate documents so as to effect, perfect or record such license rights.
*Sponsor grants to each qualified entrant a limited, non-transferable, non-exclusive, non-sublicensable, revocable right to use its trademarks solely for purposes of participation in this Promotion; such right and license will automatically expire at the end of the Promotion Period, unless specifically extended on an individual basis by Sponsor in writing in its sole discretion. Any other use of Sponsor's trademarks will be a violation of Sponsor's intellectual property rights.
SWEEPSTAKES TWEETS – OTHER THAN THE CONTENT PROVIDED BY SPONSOR - - REPRESENT SOLELY THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR IN ANY MANNER. SPONSOR HAS NOT REVIEWED OR SCREENED ANY SWEEPSTAKES TWEETS (INCLUDING THOSE IDENTIFIED AS WINNERS) AND EXPRESSLY DISCLAIMS ANY LIABILITY IN CONJUNCTION THEREWITH.
Entrant (if entrant is a minor in his/her jurisdiction of residence, his/her parent or legal guardian) understands and agrees that Sponsor has wide access to ideas, stories and other literary, artistic and creative materials submitted to it from outside sources or developed by its own employees and agents (together, "Sponsor Creative"); and, such Sponsor Creative may be competitive with, similar to (or even identical to) the Sweepstakes Tweets created and disseminated by entrants; and, Sponsor shall have no liability to entrant or any third party in respect to or in connection with the development, use, sale and/or commercial exploitation of all or any portion of Sponsor Creative by Sponsor and/or its designees and licensees, all of which liability, if any, entrant (if entrant is a minor in his/her jurisdiction of residence, his/her parent or legal guardian) hereby expressly and irrevocably waives, releases and discharges.
7. Random Drawings/Selection of Winners: Potential prize winners will be selected via random drawings, on or about the Tuesday following the conclusion of each Sweepstakes Entry Period from among all eligible entries received during a particular Sweepstakes Entry Period. All non-winning entries from any drawing/Sweepstakes Entry Period will NOT be carried forward to subsequent drawing(s)/Sweepstakes Entry Period(s). For avoidance of doubt all eligible entries will be included in the Grand Prize Period drawing. Drawings will be conducted by LeadDog Marketing Group, an independent judging organization/Administrator whose decisions are final and binding on all matters related to the Sweepstakes. Limit of one (1) Weekly and one (1) Grand Prize per person/household/address/email- address/Twitter account during the Promotion Period. Potential winners will be notified by message (formerly called a "direct message") to such potential winner's Twitter account that was used to enter the Sweepstakes. If your Twitter account is set to "protected mode," Sponsor's message will not be delivered unless you previously consented to permit @Kohls to send you direct messages. Failure to respond to the notification message within twenty four (24) hours of notification will result in disqualification. Potential winners (and potential winner's parent/legal guardian if entrant is a minor) may be required to sign and return, within two (2) business days, an Affidavit of Eligibility, Release and Indemnification and a Publicity Release where allowed by law, to be eligible for the prize ("Prize Claim Documents"). If the Prize Claim Documents are not returned to Sponsor within specified time period (if applicable), or if prize notification/prize is returned as undeliverable, or potential winner cannot be contacted for any reason, or if potential winner declines the prize for any reason prior to award, such potential winner will be disqualified and an alternate winner selected at random from all remaining eligible entries received during the applicable Sweepstakes Entry Period. In the event of any dispute concerning the identity of any entrant, the entry will be deemed submitted by the natural person who is the authorized holder of the transmitting Twitter account (as per the records of Twitter).
8. Prizes, Values and Odds:
Weekly Sweepstakes Period #1 Prize (5 winners): Each winner will receive a $50 Kohl's Gift Card and a signed Justin Bieber poster. ARV of each prize: $65.00.
Weekly Sweepstakes Period #2 Prize (5 winners): Each winner will receive a $50 Kohl's Gift Card and a signed Justin Bieber poster. ARV of each prize: $65.00.
Weekly Sweepstakes Period #3 Prize (6 winners): One (1) winner will receive a pair of signed Justin Bieber shoes. ARV of prize: $150.00. Five (5) winners will receive a signed Justin Bieber poster. ARV of each prize: $15.00.
Grand Prize Sweepstakes Period Prize (1winner): Grand Prize winner will receive a 3- day/2-night trip from January 25, 2013 to January 27, 2013 for the winner and up to three (3) guests to attend the Justin Bieber concert in Miami, FL ("Trip"). Trip consists of round- trip coach class air transportation for up to four (4) to Miami, FL, from a major airport near winner's residence (departure and destination airports to be chosen by Sponsor in its sole discretion); 2-night hotel accommodations (one standard room, quadruple occupancy) in a hotel of Sponsor's choice; round-trip ground transportation between destination airport and hotel; up to four (4) tickets to the Justin Bieber concert in Miami, FL on January 26, 2013 (actual seat location being of Sponsor's sole choosing); meet and greet with Justin Bieber; one signed Justin Bieber poster.
Approximate Retail Value of Grand Prize: $4,900.00.
If Grand Prize winner is a minor at least one of his/her guests must be a parent/legal guardian. If Grand Prize winner has fewer than (3) guests accompany him/her on the trip, the prize (including but not limited to concert tickets) will be awarded in increments appropriate for the actual number of travelers; and, in such event, no substitute prize or additional compensation will be awarded to Grand Prize winner. Grand Prize winner and guests must follow all instructions of Sponsor relative to the Trip and attendance at the Justin Bieber concert and, should winner and/or guest fail to adhere to such instructions or engage in unruly, obnoxious, anti-social or otherwise inappropriate behavior (as determined by Sponsor and/or Administrator, in their sole discretion), Sponsor will, without further notice or warning, eject winner and/or guest from the Justin Bieber concert and/or take other actions as Sponsor deems appropriate in its sole discretion so as to protect its rights, without liability or other obligation to winner and/or guest.
Actual value of trip may vary based on point of departure, destination and dates of travel. Accommodations and travel are for up to four (4) persons sharing one accommodation. Trip is non-transferable and cannot be extended beyond the valid date. If actual value of trip is less than $4,900, Grand Prize winner will not receive the difference in cash. Grand Prize winner and guest will not receive frequent flier miles, award points or other perquisites in conjunction with Grand Prize travel. If the Grand Prize winner lives within approximately a 150 mile radius of Miami, FL (as determined by Sponsor/Administrator in their sole discretion), in lieu of air transportation, round-trip ground transportation will be provided by Sponsor between Grand Prize winner's residence and hotel, and no compensation or substitution will be provided for difference in prize value.
The Grand Prize winner (and winner's parent/legal guardian if winner is a minor) is solely responsible for all other expenses related to trip not specified herein, including but not limited to travel to and from the selected DEPARTURE AIRPORT, tips, taxes, travel insurance and hotel incidentals. Grand Prize winner and guests must travel together on specified itinerary, including same departure date, destination and return date or Grand Prize may be forfeited in its entirety. Grand Prize winner must travel from January 25, 2013 to January 27, 2013; if Grand Prize winner is unavailable at travel dates/times of Sponsor's sole choosing, Grand Prize will be forfeited and Sponsor, Administrator and other Released Parties shall have no liability to such person. Accommodation restrictions and blackout dates may apply. All travel dates and arrangements are subject to change, availability and Sponsor's approval. Sponsor and its agencies are not liable for any expenses incurred as a consequence of flight cancellation/delay. Certain documentation and requirements may be necessary for travel, such as photo identification (e.g., passport). Grand Prize winner and his/ her guest are solely responsible for any documentation and requirements and determining applicable procedures and restrictions. Winner or, if applicable, parent/legal guardian of winner, must comply with all hotel check-in requirements, including but not limited to the presentation of a major credit card. Each guest of Grand Prize winner (if a minor in his/ her jurisdiction of residence, his/her parent or legal guardian) must sign and return a Liability Release and a Publicity Release (where legal) prior to issuance of travel documents.
Grand Prize winner assumes the risk of any inherent or unforeseen dangers associated with travel.
Concert tickets are good only for January 26, 2013 concert and are also subject to terms and conditions of use, as indicated thereon. Among other things, such terms and conditions set forth winner's right to relief (if any) if concert does not go on as scheduled on January 26, 2013 (due to inclement weather or other reason). Meeting Justin Bieber has no cash value and is subject to his availability and professional commitments. Winner and his/her guests will meet Justin Bieber in one session, for a period of up to 15 minutes at time and location to be determined by Sponsor in its sole discretion, with a Sponsor representative (and perhaps other individuals) also being present at all times. Other than autographed poster included as part of prize, Justin Bieber will NOT autograph any items or take photos with winner and guests. Winner and guests must follow all instructions of Sponsor relative to meeting Justin Bieber and, should winner and/or guests fail to adhere to such instructions or engage in unruly, obnoxious, anti-social or otherwise inappropriate behavior (as determined by Sponsor and/or Administrator, in their sole discretion), Sponsor will, without further notice or warning, eject winner and/or guest(s) from meeting with Justin Bieber and/or take other actions as Sponsor deems appropriate in its sole discretion so as to protect its rights, without liability or other obligation to winner and/or guest(s). If meeting Justin Bieber is offered for shorter than the indicated time period, for any reason other than inappropriate behavior by winner and/or guest(s), Sponsor's liability shall be limited to awarding the remaining elements of the prize to winner.
FOR ALL PRIZES:If won by a minor in his/her jurisdiction of residence, prize may be awarded to or in the name of minor's parent or legal guardian on minor's behalf. Winners are not entitled to exchange or transfer prizes or to obtain cash (except where required by law, with respect to Kohl's Gift Card prizes) or other substitutes. Prize will only be delivered to address within the United States. Taxes, if any, are the sole responsibility of prize winners; and, for the Grand Prize, winner will receive a 1099 tax form reflecting actual value of prize(s).
By accepting a prize, each winner (if winner is a minor in his/her jurisdiction of residence, his/her parent or legal guardian) grants Sponsor and its designees permission to use their name, voice, likeness, photograph, prize information, biographical data and city and state of residence on a winner's list and for programming, publicity and promotional purposes, worldwide in all forms of media now known or hereafter developed, in perpetuity, without further compensation unless prohibited by law. Sponsor and its designees are not obligated to use any of the above mentioned information or materials, but may do so and may edit such information or materials, at Sponsor's sole discretion, without further obligation or compensation.
ARV of prizes are based in part on approximate retail value of autographed Justin Bieber merchandise; resale value of autographed merchandise may differ and no representation is made as to resale value.
Kohl's Gift Cards can be used in store and online. Kohl's Gift Cards have no service fees and no expiration dates. Terms and conditions apply. Odds of winning the prize for a given Sweepstakes Entry Period depend on total number of eligible entries received during that Sweepstakes Entry Period.
9. General Conditions and Limitations of Liability: By participating, entrants (and entrant's parent/legal guardian if entrant is a minor) agree to be bound by and abide by these Official Rules and the decisions of Sponsor and Administrator, which shall be final and binding in all respects. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. By participating in this Sweepstakes, entrants (and entrant's parent/legal guardian if entrant is a minor) agree to release and hold harmless Sponsor, Administrator, Twitter, each of their respective parent, subsidiary, affiliated, related and successor companies, advertising and promotion agencies, and each of the foregoing entities' respective officers, directors, agents, shareholders, representatives and employees, as well as each of their respective successors, representatives and assigns, Justin Bieber personally (collectively, the "Released Parties") 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; (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; or (5) 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 any Sweepstakes-related activity or receipt or use or misuse of any prize.
10. Disputes: To the fullest extent permitted by law, participant (if participant is a minor in his/ her jurisdiction of residence, his/her parent or legal guardian agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Wisconsin or an appropriate Wisconsin State Court; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys' fees; and (3) under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the participant and Sponsor in connection with the Promotion shall be governed by, and construed in accordance with, the laws of the State of Wisconsin, without giving effect to any choice of law or conflict of law rules (whether of the State of Wisconsin or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Wisconsin.
12. Winners' List: For the names of the winners, mail a self-addressed, stamped envelope to:
"The Kohl's Justin Bieber's Biggest Fan Twitter Sweepstakes Winners", c/o LeadDog Marketing Group,
159 W. 25th Street, 2nd Floor,
New York, NY 10001,
for receipt no later than 12/3/12.