THE SEARS GIFT CARD SWEEPSTAKES OFFICIAL RULES
NO PURCHASE OR TEXT MESSAGING NECESSARY TO ENTER THE SWEEPSTAKES. PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR OTHERWISE RESTRICTED BY LAW. MESSAGE AND DATA RATES MAY APPLY.
SWEEPSTAKES PERIOD: The SEARS GIFT CARD SWEEPSTAKES (the “Sweepstakes”) starts on 11/2/2014 at 12:00:01am Central Time (“CT”) and ends on 11/9/2014 at 11:59:59pm CT (the "Sweepstakes Period").
ELIGIBILITY: The Sweepstakes is open to all legal residents of the United States or District of Columbia (excluding U.S. Virgin Islands, Puerto Rico, and U.S. military bases outside the U.S.), 18 years of age or older as of the date of entry. Void in Puerto Rico, the U.S. Virgin Islands, U.S. Military installations in foreign countries, anywhere outside of the U.S. and where prohibited, taxed or restricted by law. Employees and their immediate families (i.e., parents, spouse, children, siblings, grandparents, step parents, step children and step siblings) of Sears Holding Corporation (the “Sponsor”), Vibes Media, LLC and each of their respective affiliated companies, subsidiaries, advertising agencies and third party fulfillment agencies, and their respective agents, employees, officers, directors, successors and assigns (collectively shall be referred herein as the "Released Parties") are not eligible to enter the Sweepstakes. By participating in this Sweepstakes, entrants agree to be bound by these Official Rules.
TO ENTER: There are two ways to enter this Sweepstakes:
Via Text: Entrants will be invited via e-mail to sign-up to receive autodialed text messages (consisting of alerts, updates and advertisements) on behalf of Sears (recurring messaging and frequency will vary). During the Sweepstakes Period, send the keyword GIFT using the text-messaging feature on your mobile phone to 73277. By providing their mobile number, entrants will be automatically entered into the Sweepstakes. Available on participating carriers only. By texting, entrants also agree to the Shop Your Way program terms and privacy policy at: www.schterms.com/mobile. Entrants will be charged for standard text messaging sent to and received from their handsets according to the terms of their data plan. All entrants must provide a valid mobile number to sign up for alerts. Text messaging is not available in all areas. Void where prohibited. Entrants will be given the opportunity to “opt out” (or unsubscribe) each time they receive an alert message by sending “STOP” to short code 73277 (confirmation reply message will be sent). Text “HELP” to short code 73277 for help. Cancellation will not eliminate an otherwise valid entry into the Sweepstakes.
Online: If you wish to enter for free, during the Sweepstakes Period, (i) log onto https://mp.vibescm.com/c/zwbcdj. You will be asked to provide basic contact information including first and last name, phone, age (must be at least 18) and email address. By providing your email address you will have the opportunity to subscribe to receive further communications from the Sponsor. You are not required to subscribe and subscribing will not increase your chances of winning.
There is a limit of one (1) entry per person for the Sweepstakes Period, regardless of method of entry. Entries in excess of the limit are void. All entries must be received no later than 11/9/2014 at 11:59:59 pm CT.
Multiple Sweepstakes participants are not permitted to share the same wireless device or the same email address. Proof of sending an Entry (such as a copy of the message in a “sent” or similar folder or a “thank you” screen or message) does not constitute proof of actual receipt by Sponsor of an entry for purposes of this Sweepstakes. All entries become the sole property of Sponsor and receipt of entries will not be acknowledged or returned. Entrants agree that Sponsor may share any and all entry information with Vibes Media, LLC for purposes of administering the Sweepstakes and administering any messages sent to you on Sponsor’s behalf. Any individual who attempts or otherwise encourages, directly or indirectly, the entry of multiple or false contact information under multiple identities, by cellular phone or email and establishing multiple accounts, or uses any device or artifice to enter or encourage, directly or indirectly, multiple or false entries, as determined by the Released Parties will be disqualified. Lost, illegible, or incomplete entries will be deemed ineligible and disqualified. In the event of a dispute as to the identity of an entrant, Entry will be declared made by the Authorized Account Holder of the mobile device number (“MDN’) or email address submitted at the time of entry. "Authorized Account Holder" is defined as the natural person who is assigned to a MDN/telephone number/email address by a telephone company, wireless service provider, Internet access provider, Internet service provider or other organization (e.g. business, educational, institution, etc.) that is responsible for assigning email addresses, telephone numbers or wireless phone numbers for the telephone exchange associated with the submitted MDN/telephone number/email address or the domain associated with the submitted MDN/telephone number as applicable or as shown on such company’s records. If more than one person is shown as a responsible party, then the first-named person will be deemed the Authorized Account Holder unless the individuals on the account otherwise agree. Administrator’s determination of the winner in case of a dispute will be final and binding.
Released Parties and their respective parents, subsidiaries, agents and affiliates are not responsible for late, lost, misdirected, or damaged entries or for technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the sender, or by any of the equipment or programming associated with or utilized in this Sweepstakes which may limit the ability to play or participate, or by any human or other inadvertent error that may occur in the processing of the entries or in the awarding of the prizes in this Sweepstakes. If for any reason (including infection by computer virus, bugs, worms, tampering, unauthorized intervention, fraud, technical failures, or any other cause beyond the control of the Released Parties and their respective parents, subsidiaries, agents and affiliates, that corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Sweepstakes), this Sweepstakes is not capable of being conducted as described in these Official Rules, Sponsor shall have the right, at its sole discretion, to cancel, terminate, modify or suspend this Sweepstakes, and select the prize winners from entries received prior to action taken, or as otherwise deemed fair and appropriate by Sponsor. Any use of robotic, automatic, programmed, or the like methods of participation will void all such entries by such methods. Sponsor reserves the right to prosecute any fraudulent entries to the fullest extent of the law.
ANY ATTEMPT BY ANY PERSON TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. SPONSOR'S FAILURE TO ENFORCE ANY TERM OF THESE OFFICIAL RULES SHALL NOT CONSTITUTE A WAIVER OF THESE PROVISIONS.
RANDOM DRAWING/ODDS: The Random Drawings will be conducted on or about November 21, 2014 by Vibes Media, LLC an independent marketing agency and administrator of the Sweepstakes, whose decisions will be final in all matters relating to this Sweepstakes. Winners will be selected in a random drawing of all eligible entries. Odds of winning will depend upon the total number of eligible entries received.
PRIZES: Five- Hundred (500) $10 Sears® Electronic Gift Card. Retail Value (“RV”): $10 each. Terms and Conditions of the Sears Gift Cards will apply. Using the Gift Card constitutes acceptance of and agreement with these Terms and Conditions. Please allow eight (8) weeks for delivery of Prize. Total RV of all Prizes is $5,000. Prize cannot be substituted, assigned, or transferred; except at Sponsor’s sole discretion or as otherwise provided herein. Winner may make no substitution or transfer of prize and prize is not exchangeable for cash. Sponsor will not replace any lost or stolen Prize. Gift Card Prize has no fees and will never expire. Gift Card is not a credit card or debit card. Prize cannot be used to purchase gift cards. Prizes will be awarded “as is” without warranty of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose.
PRIZE CLAIM: The Winners will be notified by phone or email depending on the method of entry. The Winners must respond to such notification within one (1) day after the notification is sent or an alternate Winner may be selected from the remaining eligible entries. The Prize will be awarded to the Authorized Account Party on the account associated with the winning entry. If winner cannot be contacted, if any prize is returned as undeliverable, or in the event a potential winner does not accept the prize or fails to comply with these Official Rules and requirements, the prize will be forfeited and may be awarded to an alternate winner. Upon prize forfeiture, no compensation will be given. Unclaimed prizes will not be awarded. By accepting a Prize, the Winner grants to Sponsor the right to use Winner's name, likeness, image, voice, hometown, and biographical information in advertising, trade and promotion, including on the Internet or via wireless application protocol, without further notice, compensation or permission, except where prohibited by law.
RESTRICTIONS AND INDEMNIFICATION: By participating in this Sweepstakes, entrants agree to be bound by the Official Rules and the decisions of the Administrator which shall be final. Entrants agree to hold Released Parties harmless against any and all claims and liability arising out of use of prize or participation in the Sweepstakes. Winner assumes all liability for any injury or damage caused, or claimed to be caused by participation in this Sweepstakes or use or redemption of any prize. Neither Sponsor nor Administrator is responsible for any typographical or other error in the printing, the offering or the announcement of any prize or in the administration of the Sweepstakes. Prizes are non-transferable, non-assignable, and not redeemable for cash. Released Parties, in their discretion, may substitute a prize of equal value and comparable use for any reason. Prize is not replaceable if lost, damaged, used without permission or stolen. The winner shall bear all risk of loss or damage to their Prize after it has been delivered.
PRIVACY POLICY: By participating in this Sweepstakes by email, text, or mobile web, all entrants authorize Sears to provide Vibes Media with their contact information. Any personal information collected in conjunction with this Sweepstakes will be subject to Sears’ privacy policy posted at http://www.sears.com/csprivacy/nb-100000000022508. In the event of any discrepancy between the privacy policy and these Official Rules, the privacy policy shall control and govern.
OFFICIAL RULES: will be posted on https://mp.vibescm.com/c/jojlhd.
CHOICE OF LAW: Under no circumstances will Entrants be permitted to obtain awards for, and Entrants hereby waive all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, and Entrants further waive all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Entrants and Sponsor in connection with this Sweepstakes, shall be governed by, and construed in accordance with, the substantive laws of the State of Illinois, without regard to Illinois conflict of law principles.
WINNERS’ LIST: The names of the winners may be obtained after 11/30/2014 by sending a self-addressed stamped envelope to: The Sears Gift Card Winners ATTN: Kelsey Galayda 300 W. Adams Street 7th Floor, Chicago, IL 60606. Requests for winners’ names must be received by 12/15/2014.
ADMINISTRATOR: Vibes Media, LLC 300 W. Adams Street 7th Floor, Chicago, IL 60606.
SPONSOR: Sears Holding Corporation, 3333 Beverly Rd., Hoffman Estates, IL 60179.