Kohl's Department Stores, Inc.
#Kohls Instagram Outreach 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 INSTAGRAM 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 or Instagram. By participating in the promotion, you are providing your information to Kohl's Department Stores, Inc., not to Facebook 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, 2nd Floor, New York, NY
3. Eligibility: The Kohl's "Instagram Outreach 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, 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 12:00 am Central Standard Time ("CST") on Monday, November 26, 2012 and ends at 11:59 pm CST on Friday, November 30, 2012 ("Promotion Period"). Sponsor's computer is the official clock for this Sweepstakes. There will be five (5) separate and distinct Sweepstakes Periods comprising the Promotion Period.
Sweepstakes Entry Periods
|Entry Periods||Begin Date & Time||End Date & Time|
|Period#1||12:00 am CST on 11/26/12
||11:59 pm CST on 11/26/12|
|Period#2||12:00 am CST on 11/27/12
||11:59 pm CST on 11/27/12|
|Period#3||12:00 am CST on 11/28/12
||11:59 pm CST on 11/28/12|
|Period#4||12:00 am CST on 11/29/12
||11:59 pm CST on 11/29/12|
|Period#5||12:00 am CST on 11/30/12
||11:59 pm CST on 11/30/12|
Upload photo on Instagram During the Promotion Period, post a photo on Instagram of Kohl's or other apparel containing the hashtag #kohls.
BY SUBMITTING A PHOTO ALONG WITH THE HASHTAG #KOHLS, 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.
Partial or incomplete/piecemeal submissions (e.g., posting your photo without the hashtag #kohls) will NOT BE ACCEPTED.
Data rates may apply for each photo 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.
Photo must be the original work of the entrant (DO NOT COPY OTHERS' WORKS, IN WHOLE OR IN PART). DO NOT INCLUDE OR REFERENCE ANYBODY OTHER THAN YOURSELF IN THE PHOTO. 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 account for the Sweepstakes. Among other points, 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 where persons may submit entries/photos; 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), cannot be modified by entrant, and will not be returned. 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 post 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 timeframe, in each instance as required by Sponsor in its sole discretion, will result in the disqualification of the entry and, at Sponsor's option, the selection of another entry as a potential winner.
Kohl's grants to entrants the limited, non-transferable right to use their trademarks for the sole purpose of entering the Sweepstakes. Such grant of rights to entrants will automatically expire at the end of the Promotion Period. Any other use of the Kohl's trademarks and/or items will be considered a violation of Sponsor's intellectual property rights. Kohl's items (including the trademarks) cannot be modified, adapted, or edited by entrant; the preceding only excludes modifications due to technological limitations or malfunctions.
Limit one (1) Entry per person/Instagram account per Sweepstakes Period during the Promotion Period. DO NOT RE-SUBMIT THE EXACT SAME PHOTO FOR MORE THAN ONE (1) SWEEPSTAKES PERIOD; A PHOTO MAY ONLY BE USED TO ENTER THE SWEEPSTAKES ONCE. Multiple entries and/or mass entry attempts will result in disqualification of all entries by such person/email address/ Instagram 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, is 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 in their entirety prior to expiration of a particular Sweepstakes Period (subject to entry deadline for each Sweepstakes Period, per the chart above). 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.
5. Content Guidelines: In addition to complying with all other requirements of these Official Rules and/or on the Website and/or on the website where persons may submit entries/photos; each photo (as applicable) must comply with the following guidelines (“Content Guidelines”). Any photo that Sponsor, in its sole discretion, determines is in violation of any Content Guideline will be disqualified. Each 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, which subject to the photo complying with all other requirements of these Official Rules (including these Content Guidelines) and/or on the Website where persons may submit entries/photos; entrant has a limited, non-exclusive, 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;
•Contain 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
•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, non- exclusive, 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.
6. Random Drawings/Selection of Winners: Potential prize winners will be selected via random drawings, following each Sweepstakes Period from among all eligible entries received during that Sweepstakes Period. For the avoidance of doubt, the content of a person’s photo will not be taken into account in the winner selection process. Non-winning entries from any Sweepstakes Period drawing will NOT be carried forward to subsequent Sweepstakes Period drawing(s). 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. Each drawing will be held on or about the following business day after the end of a given Sweepstakes Period.
7. Prizes, Retail Value and Odds:
Grand Prizes (5 winners per Sweepstakes Period – 25 total winners): Each winner will receive one (1) $25 Kohl’s gift card.
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 a 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. Limit of one (1) prize per person/family/ household for each Sweepstakes Period.
8. Winner Notification: Potential winners will be notified on their Instagram feed with instructions how to contact Administrator for purposes of winner verification/ prize fulfillment. Failure to respond to the initial verification notice within two (2) business days after notification or return of e-mail notification as undeliverable after two (2) attempts will result in disqualification. Potential winner 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 (“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 for 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 e-mail account associated with the Instagram User ID used to participate in the Promotion. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail 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 (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 the 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 winner's 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.
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.) 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 participants. 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 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 each affected Sweepstakes Period by means of a random drawing comprised of all eligible entries received for each such affected Sweepstakes Period prior to and/ or after (as appropriate) the action taken by Sponsor 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/modification/suspension of Sweepstakes will be posted on the Website. 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 or electronic entry or participation 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 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 OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES VIOLATES CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY PERSON 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 contestant 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 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.
11. Winners’ List: For the names of Grand Prize winners, mail a self-addressed, stamped envelope to: Kohl’s “Instagram Outreach Sweepstakes Winner”, c/o LeadDog Marketing Group, 159 W. 25th Street, 3rd Floor, New York, NY 10001, for receipt no later than 12/3/12.