KOHL’S DEPARTMENT STORES, INC.
KOHL’S "#CookWithKohls” SWEEPSTAKES
To enter this Sweepstakes, you must agree to and abide by these Official Rules.
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. YOU MUST HAVE INTERNET ACCESS, A VALID EMAIL ADDRESS AND AN INSTAGRAM OR TWITTER ACCOUNT TO PARTICIPATE. ELIGIBILITY: SWEEPSTAKES OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE AT LEAST 18 YEARS OF AGE (OR THE AGE OF MAJORITY IN THE JURISDICTION OF THEIR RESIDENCE, WHICHEVER IS OLDER) AT TIME OF ENTRY. VOID WHERE PROHIBITED BY LAW.
This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter or Instagram. By participating in the promotion, you are providing your information to KOHL’S Department Stores, Inc., not to Facebook, Twitter or Instagram.
1. Sponsor: KOHL’S Department Stores, Inc., N56 W17000 Ridgewood Drive, Menomonee Falls, WI 53051 (“Sponsor”).
2. Administrator: LeadDog Marketing Group, 159 W. 25th Street, 3rd Floor, New York, NY 10001 (“Administrator”).
3. Eligibility: The KOHL’S “#CookWithKohls Sweepstakes” ("Sweepstakes") is open only to legal residents of the 50 United States and the District of Columbia who are at least 18 years of age (or the age of majority in the jurisdiction of their residence, whichever is older). Any individuals (including but not limited to employees, consultants, independent contractors, and interns) who have, within the past six (6) months, performed services for Sponsor, Administrator, Scripps Network Interactive, Inc., any organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Sweepstakes and/or their respective parent, subsidiary, affiliated and successor companies (collectively, the “Promotion Entities”), and immediate family and household members of such individuals, are not eligible to enter. "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 where prohibited or restricted by law.
4. Sweepstakes Entry: The Sweepstakes begins on or about 9:00 am Central Daylight Time (“CDT”) on Monday, September 9, 2013 and ends at 11:59 pm Central Standard Time (“CST”) on Sunday, January 5, 2014 (“Promotion Period”), as set forth in the chart below. Sponsor’s computer is the official clock for this Sweepstakes. Seventeen (17) separate and distinct Weekly Sweepstakes Entry Periods (also referred to as “Weekly Periods”) and a Grand Prize Period comprise the Promotion Period.
Sweepstakes Entry Periods
Begin Date & Time
End Date & Time
|Weekly Period #1||
9:00 am CDT on 9/9/13
8:59 am CDT on 9/16/13
|Weekly Period #2||
9:00 am CDT on 9/16/13
8:59 am CDT on 9/23/13
|Weekly Period #3||
9:00 am CDT on 9/23/13
8:59 am CDT on 9/30/13
|Weekly Period #4||
9:00 am CDT on 9/30/13
8:59 am CDT on 10/7/13
|Weekly Period #5||
9:00 am CDT on 10/7/13
8:59 am CDT on 10/14/13
|Weekly Period #6||
9:00 am CDT on 10/14/13
8:59 am CDT on 10/21/13
|Weekly Period #7||
9:00 am CDT on 10/21/13
8:59 am CDT on 10/28/13
|Weekly Period #8||
9:00 am CDT on 10/28/13
8:59 am CST on 11/4/13
|Weekly Period #9||
9:00 am CST on 11/4/13
8:59 am CST on 11/11/13
|Weekly Period #10||
9:00 am CST on 11/11/13
8:59 am CST on 11/18/13
|Weekly Period #11||
9:00 am CST on 11/18/13
8:59 am CST on 11/25/13
|Weekly Period #12||
9:00 am CST on 11/25/13
8:59 am CST on 12/2/13
|Weekly Period #13||
9:00 am CST on 12/2/13
8:59 am CST on 12/9/13
|Weekly Period #14||
9:00 am CST on 12/9/13
8:59 am CST on 12/16/13
|Weekly Period #15||
9:00 am CST on 12/16/13
8:59 am CST on 12/23/13
|Weekly Period #16||
9:00 am CST on 12/23/13
8:59 am CST on 12/30/13
|Weekly Period #17||
9:00 am CST on 12/30/13
11:59 pm CST on 1/5/14
|Grand Prize Period||
9:00 am CDT on 9/9/13
11:59 pm CST on 1/5/14
ENTRY VIA INSTAGRAM
During the Promotion Period, post a photo on Instagram related to KOHL’S Weekly Topic, as featured on Sponsor’s Facebook page (www.facebook.com/kohls), and/or Twitter and Instagram accounts (@Kohls), containing the hashtag #CookWithKohls. For the avoidance of doubt, a product purchase is NOT required, nor will a purchase enhance your chances of winning. You may include a comment with your photo, but this is not required. (Nor will the inclusion of a comment in any way enhance your odds of winning a prize.) If you do add a comment, all use of the word “photo” (as used in conjunction with entries made via Instagram as per this section) includes the accompanying comment as well. (To enter via Instagram, you must follow KOHL’S (@Kohls) on Instagram.)
BY SUBMITTING A PHOTO ALONG WITH THE HASHTAG #COOKWITHKOHLS, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTOOD AND FULLY AGREE TO THESE OFFICIAL RULES. DO NOT SUBMIT A PHOTO WITHOUT FIRST REVIEWING THESE OFFICIAL RULES.
Your photo along with the hashtag #CookWithKohls will constitute your entry into this Sweepstakes (“Entry”).
Partial or incomplete/piecemeal submissions (e.g., posting a photo without the hashtag #CookWithKohls) will NOT BE ACCEPTED.
ENTRY VIA TWITTER
During the Promotion Period, send a tweet, with or without a photo, related to KOHL’S Weekly Topic containing the hashtag #CookWithKohls. For the avoidance of doubt, a product purchase is not required, nor will a purchase enhance your chances of winning. If you do add a comment, all use of the word “photo” (as used in conjunction with entries made via Twitter as per this section) includes the accompanying comment as well. (To enter via Twitter, you must follow KOHL’S (@Kohls) on Twitter.)
BY SUBMITTING A TWEET ALONG WITH THE HASHTAG #CookWithKohls, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTOOD AND FULLY AGREE TO THESE OFFICIAL RULES. DO NOT SUBMIT A TWEET WITHOUT FIRST REVIEWING THESE OFFICIAL RULES.
Partial or incomplete/piecemeal submissions (e.g., tweeting without the hashtag #CookWithKohls) will NOT BE ACCEPTED.
Tweet must be created for the sole purpose of this Sweepstakes (DO NOT COPY OTHERS’ WORKS, IN WHOLE OR IN PART. YOU MUST OTHERWISE COMPLY WITH THE CONTENT GUIDELINES BELOW AND OTHER TERMS HEREIN). If other person(s) appear in photo, (a) entrant must have each person(s) written consent to use and publish his/her image as contemplated in the Sweepstakes prior to submitting the photo (and, if such person(s) are minors – under the age or majority in jurisdiction of residence, generally under age 18 – the written consent of their parent or legal guardian). For entry, person must be at least 18 years of age (or the age of majority in the jurisdiction of their residence, whichever is older) at time photo was taken. Do NOT include personal information (e.g., your name, e-mail address or phone numbers) in the photo itself; if photo contains personal information, it is your sole responsibility to remove all such personal information from the photo before uploading the photo from your Instagram or Twitter account for the Sweepstakes. Photo must comply with these Official Rules in all respects, including without limitation, the Content Guidelines below.
To be eligible for the Sweepstakes, photos must be submitted in compliance with the format and other requirements set forth on the website/platform where persons may submit entries/photos (i.e., Instagram or Twitter); such requirements being made a part of these Official Rules and incorporated herein by reference.
Once submitted, photos become the sole property of Sponsor (subject only to the
rights of Instagram or Twitter, as applicable), cannot be modified by entrant. By
submitting a photo, entrant gives permission (and warrants and represents that he/
she has obtained all rights necessary to give such permission and grant the license
herein described, including from the photographer, if other than entrant) to Sponsor
and its designees and hereby grants Sponsor and its designees a royalty-free,
irrevocable, perpetual, worldwide, sub-licensable, non-exclusive license (herein
“License”) to use entrant's photo, name, likeness and all other information about the
entrant contained in the photo on any media and through any means now known or
hereafter devised, including without limitation, the World Wide Web, and to otherwise
use entrant's photo, name, likeness and all other information about entrant in the
photo, and make derivative works therefrom, without compensation in accordance
with the requirements of this Sweepstakes and the advertising, promotion, and
publicity of the Sweepstakes, Sponsor’s products and services, and otherwise,
as stated in these Official Rules (as solely determined by Sponsor). Such License
will be confirmed by potential winner upon Sponsor’s request and potential winner
agrees to timely complete, sign and deliver any and all necessary documents,
including without limitation, documents setting forth any licenses, releases and
indemnities that Sponsor in its sole discretion may require, without condition or
compensation of any kind, as well as to use his/her best efforts to facilitate Sponsor’s
procurement of similar confirming documents from the photographer if other than the
potential winner. Sponsor’s failure to receive all documentation from all individuals
within the prescribed timeframe, in each instance as required by Sponsor in its sole
discretion, will result in the disqualification of the entry and the selection of another
entry as a potential winner.
Limit one (1) Entry per person per Weekly Period submitted via Instagram or Twitter account. (Do NOT submit the same photo for a given Weekly Period via both Instagram and Twitter. Do NOT submit the same photo for multiple Weekly Periods, as each Weekly Period has its own, independent KOHL'S Weekly Topic.) Multiple entries and/or mass entry attempts will result in disqualification of all entries by such person/email address/Instagram/Twitter account. Entries must be manually key-stroked by the Entrant; use of automated entry devices or programs, or entries by third parties by any method of entry, are prohibited. Entries that do not conform to or that violate these Official Rules or are submitted in any manner other than stated in these Official Rules will be disqualified. Sponsor and Administrator will not be responsible for late, lost, incomplete or misdirected entries. Proof of submission of entry does not constitute proof of receipt of same. All entries must be posted on Instagram or submitted via “tweet” on Twitter in their entirety prior to expiration of Promotion Period. By entering this Sweepstakes, entrants agree to these Official Rules and the decisions of the Administrator and Sponsor, which are binding and final in all matters relating to this Sweepstakes.
You may only use one (1) Twitter account and/or one (1) Instagram account to participate in the Sweepstakes. All Tweets must comply with the Twitter Terms of Service and Twitter Rules available at the Twitter Web Site. All Instagram photos must comply with the applicable policies of Instagram available at the Instagram Web Site/platform. Important note: If your Twitter and/or Instagram account is set to "protected mode," or “private” 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 and/or Instagram updates. Do not use the hashtag #CookWithKohls for purposes other than participation in the Sweepstakes.
If you opt to access Twitter via your wireless mobile device or if you enter via Instagram (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.
5. Content Guidelines: In addition to complying with all other requirements of these Official Rules and/or on the website/platform where persons may submit entries/ photos (i.e., Instagram or Twitter); each photo must comply with the following guidelines (“Content Guidelines”). Any photo that Sponsor/Administrator, in their sole discretion, determine is in violation of any Content Guideline will be disqualified. Each entry/photo and comment must not:
• Contain content, image(s) 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 Sweepstakes or products, services or entities that are competitive with any of the foregoing;
• Contain brand names, trademarks or logos of any third party other than those owned by or licensed to Sponsor, subject to the photo complying with all other requirements of these Official Rules (including these Content Guidelines) and/or on the Website/Platform where persons may submit entries/photos (i.e., Instagram or Twitter); entrant has a limited, nonexclusive, revocable license to use Sponsor’s trademarks solely and only to incorporate them in his/her photo submitted in this Sweepstakes*;
• Contain content, images, artwork or other creative elements not created by and original to entrant;
• CContain content, images or other material that is misleading, inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous;
• Contain content, images 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 (including without limitation, the consumption of alcohol or any other controlled substances);
•Contain content, images or other material that is unlawful or in violation of or contrary to any applicable federal or state laws or regulations;
• Have been previously submitted in a promotion of any kind, or published, posted, exhibited or displayed publicly for commercial use by any means and in any form or media.
In addition to the foregoing, the photo file 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.
If a file and/or photo cannot be opened, viewed and/or accessed by Sponsor or Administrator for any reason whatsoever, that file and/or photo shall be disqualified without any fault or liability of the Released Parties, as defined below.
*Sponsor grants to each qualified entrant a limited, non-transferable, nonexclusive, non-sublicensable, revocable right to use its trademarks solely for purposes of and limited to including them in the photos submitted in this Sweepstakes; such right and license will automatically expire without further act of any party at the expiration 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 and/or its licensors’ trademarks will be a violation of Sponsor’s or its applicable licensor’s intellectual property rights. Sponsor’s items (including the trademarks) cannot be modified, adapted, or edited by entrant; the preceding only excludes modifications due to technological limitations or malfunctions.
6. Random Drawings/Selection of Winners: Potential prize winners will be selected via a series of random drawings, with each drawing to occur on or about the day following the conclusion of each Weekly Period from among all eligible entries received during a particular Weekly Period. All non-winning entries from any Weekly Period will NOT be carried forward to subsequent Weekly Period(s). For the avoidance of doubt, all eligible entries received will be included in the Grand Prize drawing taking place on or about January 6, 2014. For the avoidance of doubt, the content of a person’s photo will not be taken into account in the winner selection process (provided that the photo is determined by Sponsor/Administrator to be in compliance with these Official Rules). All 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.
7.Prizes, Approximate Retail Values (“ARV”) and Odds:
Weekly Prizes (17 winners, 1 per Weekly Period): Each winner will receive one (1) $500 KOHL’S Gift Card.
ARV of each Weekly prize: $500.00.
Grand Prize (1 winner): Grand Prize winner will receive one (1) $5,000 KOHL’S Gift Card.
ARV of all Prizes: $13,500.
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 Period depend on total number of eligible entries received during that Sweepstakes Period. Winner is not entitled to exchange or transfer prize or to obtain cash or other substitutes (except to the extent required by law) and Sponsor reserves the right to substitute prize of equal or greater value if the prize as listed is unavailable for any reason. Prize will only be delivered to address within the United States. Federal, state and local taxes (if any) are the sole responsibility of the winner. Grand Prize winner will receive a 1099 for the actual value of their prize. Limit of one (1) Weekly Prize per person/family/household.
8. Winner Notification:If potential winner entered using Instagram, potential winner will be contacted by adding a comment from the Kohl’s Instagram account to the potential winner’s photo submission on the potential winner’s Instagram account. The comment will request that the potential winner email the Sponsor at the specified email address with specific personal information (ex: full name, address, phone number, email address, date of birth, Instagram username). It is recommended that you confirm your Instagram notification settings are turned on. If potential winner entered via Twitter, he/she will be notified by direct message and must allow for Kohl’s to contact him/her via direct message. Failure to respond to the initial verification notice within twenty-four (24) hours after notification or return of email notification as undeliverable after three (3) attempts will result in disqualification. Potential winner may be required to sign and return within three (3) business days, an Affidavit of Eligibility, Release and Indemnification, and a Publicity Release 7 where allowed by law (“Winner Documents”). If the Winner Documents are not returned to Sponsor within specified time period (if applicable), potential winner may be disqualified. If potential winner is disqualified, prize will be awarded to an alternate winner selected from all remaining non-winning eligible entries received during the applicable Sweepstakes 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 email account associated with the Instagram User ID or Twitter account (as applicable) used to participate in the Promotion. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
9. Conditions and Limitations of Liability: By participating in this Sweepstakes, entrants agree to release and hold harmless the Promotion Entities, as well as each of their respective officers, directors, employees, agents and representatives and each of their respective successors, representatives and assigns, as well as Facebook, Inc., Instagram, LLC, Twitter, Inc. (collectively, the "Released Parties") from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from participation in this Sweepstakes and/or acceptance, receipt, possession or use/misuse of any prize. By entering, entrants also authorize the Sponsor and its designees to use their name, voice, likeness, photograph, prize information (if applicable), biographical data and city and state of residence in programming, advertising and/or promotional material or on a winners’ list (if applicable) without compensation to the extent permitted by law. Sponsor is 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 obligation or compensation. Sweepstakes subject to the laws of the United States only. All federal, state and local laws and regulations apply. All entries become the property of the Sponsor (subject only to the rights of Instagram or Twitter, as applicable).
Sponsor and its agencies are not responsible for failed, partial or garbled computer transmissions, or for technical failures of any kind affecting the Sweepstakes in any manner, including but not limited to electronic malfunction or damage of any network, hardware or software (This includes but is not limited to filtering by the technology of Instagram and/or Twitter, as applicable.) The foregoing also includes any malfunction/error/failure deemed by Sponsor/Administrator in the sole discretion of either party to impact the availability or accessibility of photos submitted by entrants or the transmission or receipt of winner notifications. If for any reason the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud or technical failures beyond Sponsor’s control that corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes (including entries or otherwise), Sponsor reserves the right, in its sole discretion, to disqualify any individual, whether or not the individual is a participant in the sweepstakes, 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 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 8 sole discretion. Notice of termination/modification/suspension of Sweepstakes will be posted on www.Kohls.com, as well as Sponsor’s Facebook, Twitter and Instagram. 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 email or electronic entry or participation to be received on account of technical problems or traffic congestion on the Internet or at any website/platform, or any combination thereof, including any injury or damage to any person's computer or wireless mobile device related to or resulting from participation in or downloading any materials from this Sweepstakes. Failure of Sponsor or Administrator to enforce any provision of these Official Rules shall not constitute the waiver of such provision.
Persons entering the Sweepstakes 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, WEBSITE OR PLATFORM OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES VIOLATES CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY PERSON, WHETHER OR NOT THE INDIVIDUAL IS A PARTICIPANT IN THE SWEEPSTAKES, MAKING SUCH ATTEMPT AND SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.
10. Disputes: To the fullest extent permitted by law, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or the awarding of prizes 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 Sweepstakes, but in no event attorneys' fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-ofpocket 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 entrant and Sponsor in connection with the Sweepstakes 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 winners, mail a self-addressed, stamped envelope to: KOHL’S #CookWithKohls Sweepstakes Winners, c/o LeadDog Marketing Group, 159 W. 25th Street, 3 rd Floor, New York, NY 10001, for receipt no later than 2/5/14.