Kohl's #WinKohls50 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 Tweet It To Win It Sweepstakes" ("Sweepstakes") 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, Resource Interactive LLC, 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 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 Schedule: The Sweepstakes begins on or about on or about 12:00:01 a.m. Central Time ("CT") on September 10, 2012 and ends 11:59:59 p.m. CT on October 28, 2012 ("Promotion Period"), as set forth in the chart below. Sponsor's computer is the official clock for this Promotion. Seven (7) separate and distinct Sweepstakes Entry Periods comprise the Promotion Period.
Sweepstakes Entry Periods
|Entry Periods||Begin Date & Time||End Date & Time|
|Period #1||9:00:01 am CT on 9/10/12||11:59:59 pm CT on 9/10/12|
|Period #2||9:00:00 am CT on 9/17/12||11:59:59 pm CT on 9/17/12|
|Period #3||9:00:00 am CT on 9/24/12||11:59:59 pm CT on 9/24/12|
|Period #4||9:00:00 am CT on 10/1/12||11:59:59 pm CT on 10/1/12|
|Period #5||9:00:00 am CT on 10/8/12||11:59:59 pm CT on 10/8/12||Period #6||9:00:00 am CT on 10/15/12||11:59:59 pm CT on 10/15/12||Period #7||9:00:00 am CT on 10/22/12||11:59:59 pm CT on 10/22/12|
5. Sweepstakes Entry: 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) an answer to the daily question; (ii) the #WinKohls50
hashtag and (iii) the url to the Official Rules: http://oak.ctx.ly/r/i7f (collectively,
the "Sweepstakes Tweet"). For example, "Snakeskin pumps! Rules: http://oak.ctx.ly/r/i7f #WinKohls50"
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 an answer to the daily question, 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
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 #WinKohls50 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. 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 www.kohls.com 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/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 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. 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. Each Sweepstakes Tweet 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 or the competitive products, services or entities 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);
• 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 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 waives any "Moral Right of Authors" (Droit Moral) in the Sweepstakes Tweet. Entrant 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 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 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 Wednesday following 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)/Sweeptakes 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 50 Grand Prize winners for each Sweepstakes Entry Period. Limit of one (1) prize per person/household/address/email-address/Twitter account for each Sweepstakes Entry 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. Failure to respond to the notification message within twenty four (24) hours of notification will result in disqualification. Potential winners 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:
Grand Prizes (350 winners): Each Grand Prize winner will receive a $50 Kohl's Gift Card (subject to terms and conditions indicated thereon).
Total value of all prizes: $17,500.00.
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.
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 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.
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 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, Resource Interactive LLC, 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 (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 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 Tweet It to Win It Sweepstakes Winners", c/o LeadDog Marketing Group,
159 W. 25th Street, 2nd Floor,
New York, NY 10001,
for receipt no later than 11/26/12.