KOHL’S DEPARTMENT STORES, INC.
KOHL’S “#KOHLSBLACKFRIDAY” 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, Instagram or Facebook.
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 10001. Floor, New York, NY
3. Eligibility: The Kohl’s “#KohlsBlackFriday Sweepstakes” (“Sweepstakes” or “Promotion”) is open only to legal residents of the 50 United States and District of Columbia who are 18 years of age or older (or the age of majority in the jurisdiction of their residence, whichever is older) at the time of entry. Employees of Sponsor, Administrator, Twitter, Inc. (“Twitter”), Instagram, LLC (“Instagram”) 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 a prize. "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 on or about 7:00 pm Central Standard Time (“CST”) on November 28, 2013 and ends10:59 pm CST on November 28, 2013 (“Promotion Period”), as set forth in the chart below. Sponsor’s computer is the official clock for this Promotion. Four (4) separate and distinct Sweepstakes Entry Periods comprise the Promotion Period.
Sweepstakes Entry Periods
Begin Date & Time
End Date & Time
|Weekly Period #1||
7:00 pm CST on 11/28/13
7:59 pm CST on 11/28/13
|Weekly Period #2||
8:00 pm CST on 11/28/13
8:59 pm CST on 11/28/13
|Weekly Period #3||
9:00 pm CST on 11/28/13
9:59 pm CST on 11/28/13
|Weekly Period #4||
10:00 pm CST on 11/28/13
10:59 pm CST on 11/28/13
5. Sweepstakes Entry:
ENTRY VIA INSTAGRAM
During the Promotion Period, post a photo on Instagram of yourself waiting in line outside or inside any participating Kohl’s (brick and mortar, physical) store location in the U.S. to open at 8:00 pm local time on November 28, 2013 for “Black Friday”, containing the hashtag #KohlsBlackFriday. For the avoidance of doubt participating Kohl’s department stores excluding those in Massachusetts, Maine and certain other areas will be open for business on November 28, 2013 from 8:00 pm to 12:00 am. Visit www.kohls.com to determine if a participating Kohl's Department Store will be open for business on November 28, Thanksgiving Day. 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.
BY SUBMITTING A PHOTO ALONG WITH THE HASHTAG #KohlsBlackFriday, 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 #KohlsBlackFriday will constitute your entry into this Sweepstakes (“Entry”).
Partial or incomplete/piecemeal submissions (e.g., posting a photo without the hashtag #KohlsBlackFriday) will NOT BE ACCEPTED.
ENTRY VIA TWITTER
During the Promotion Period, send a tweet with a photo or comment showing or describing yourself waiting in line outside or inside any Kohl’s (brick and mortar, physical) store location in the U.S. to open at 8:00 pm local time on November 28, 2013 for “Black Friday” containing the hashtag #KohlsBlackFriday. If you do add a photo or comment, all use of the word “tweet” (as used in conjunction with entries made via Twitter as per this section) includes the accompanying photo/comment as well.
BY SUBMITTING A TWEET ALONG WITH THE HASHTAG #KohlsBlackFriday, 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.
Your tweet along with the hashtag #KohlsBlackFriday will constitute your Entry into this Sweepstakes.
Partial or incomplete/piecemeal submissions (e.g., sending a tweet without the hashtag #KohlsBlackFriday) will NOT BE ACCEPTED.
Tweet/photo 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). DO NOT INCLUDE OR REFERENCE ANYBODY OTHER THAN YOURSELF IN THE PHOTO/COMMENT (AS APPLICABLE). FOR THE AVOIDANCE OF DOUBT, PHOTO/COMMENT MUST BE OF YOU AND YOU ALONE WAITING IN LINE AT A KOHL’S LOCATION. 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, email address or phone numbers) in the photo or comment; if photo/comment contains personal information, it is your sole responsibility to remove all such personal information from the photo/comment before uploading the photo/comment from your Instagram or Twitter account for the Sweepstakes. Photo/comment must comply with these Official Rules in all respects, including without limitation, the Content Guidelines below. For the avoidance of doubt, as used in the preceding paragraph, “photo” refers specifically to the photograph component of an entry and “comment” refers to the accompanying caption, regardless of whether photo/comment was uploaded via Twitter or Instagram.
To be eligible for the Sweepstakes, tweets/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, Entry becomes 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/ tweet, 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 with regard to the photograph portion of photo/tweet, 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 photograph, name, likeness and all other information about the Entrant contained in the photo/tweet 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 photograph, name, likeness and all other information about Entrant in the photo/ tweet, 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 Sweepstakes Entry Period regardless of method of entry. (Do NOT submit the same photo for multiple Sweepstakes Entry Periods.) Multiple Entries in violation of the preceding limitation and/or mass entry attempts will result in disqualification of all Entries by such person/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, 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 Website. All Instagram photos must comply with the applicable policies of Instagram available at the Instagram Website/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 (as applicable).
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.
6. 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/comment must comply with the following guidelines (“Content Guidelines”). Any photo/comment that Sponsor/Administrator, in their sole discretion, determine is in violation of any Content Guideline will be disqualified. Each entry/photo/tweet 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, 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/tweet 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/tweet cannot be opened, viewed and/or accessed by Sponsor or Administrator for any reason whatsoever, that file and/or photo/tweet 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/tweets 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 trademarks cannot be modified, adapted, or edited by Entrant; the preceding only excludes modifications due to technological limitations or malfunctions.
Entrant 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 Photos/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 hereby expressly and irrevocably waives, releases and discharges.
7. Random Drawings/Selection of Winners: Potential prize winners will be selected via random drawings immediately following each Sweepstakes Entry Period from among all eligible entries received during a particular Sweepstakes Entry Period. For the avoidance of doubt, if entry is in compliance with these Official Rules (including but not limited to the Content Guidelines in Rule 6 above), the content of entry will NOT be taken into account in the winner selection process. Non-winning entries from any drawing/Sweepstakes Entry Period will NOT be carried forward to subsequent drawing(s)/Sweepstakes Entry Period(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. There will be 10 Grand Prize winners for each Sweepstakes Entry Period. Limit of one (1) prize per person/household/address/email address/Twitter/Instagram account during the Promotion Period. 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 tweet on the Kohl’s Twitter page. Failure to respond to the initial verification notice within twenty-four (24) hours after notification or return of email 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 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 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.
8. Prizes, Values and Odds:
Grand Prizes (40 winners): Each Grand Prize winner will receive a $100 Kohl’s e-Gift Card (subject to terms and conditions indicated thereon).
Total value of all prizes: $4,000.00.
Kohl's e-Gift Cards can be used in store and online. Kohl's e-Gift Cards have no service fees and no expiration dates. Terms and conditions apply.
FOR ALL PRIZES: Winners are not entitled to exchange or transfer prizes or to obtain cash (except where required by law) or other substitutes. Taxes, if any, are the sole responsibility of prize winners.
By accepting a prize, each winner 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 winners’ 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.
Odds of winning a 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 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 agree to release and hold harmless Sponsor, Administrator, Twitter, Instagram, Facebook, 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 (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 Sweepstakes Photos/Tweets/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 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, send an email to email@example.com with “#KohlsBlackFriday Sweepstakes Winners” in the subject line. All such requests must be received 12/3/13 at 9:00 a.m. Eastern Standard Time.