Barkley – Share Your Heart Out Sweepstakes
Share Your Heart Out Sweepstakes
MANY WILL ENTER, FEW WILL WIN.
NO PURCHASE NECESSARY TO ENTER, WIN OR CLAIM A PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING.
The Share Your Heart Out (“Sweepstakes”) is sponsored Barkley, Inc. “Sponsor”), 1740 Main Street, Kansas City, MO 64108, USA and is administered by Prize Logic, LLC, (“Administrator”), 25200 Telegraph Road, Suite 405, Southfield, MI 48033, USA.
The Sweepstakes begins on January 16, 2019 at 12:00 PM Eastern Time (“ET”) and ends on January 20, 2019 at 11:59:59 PM ET (“Sweepstakes Period”). The Administrator’s computer is the Sweepstakes official clock.
This Sweepstakes is open only to legal residents of the fifty (50) United States, the District of Columbia, and Canada (excluding Quebec), who are at least eighteen (18) years of age or the age of majority in their place, province or territory or residence at the time of entry. Employees of Sponsor, Barkley, Inc., Administrator, and each of their respective parent companies, subsidiaries, affiliates, advertising and promotion agencies (collectively, “Sweepstakes Entities”) and each of their immediate family members (e.g., spouse, parent, child, sibling, and their respective spouses and the “steps” of each, regardless of where they reside) and persons living in the same household of each, whether or not related, are not eligible to enter or win. All federal, state, provincial, territorial, and local laws and regulations apply. Void in Quebec and where prohibited or restricted by law.
Participation constitutes Entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions and interpretations, which are final and binding in all matters related to the Sweepstakes.
HOW TO ENTER:
During the Sweepstakes Period, an eligible entrant (“Entrant”) must log on to his/her Instagram or Twitter Account, and post the following: (i) “@kingdomhearts”; (ii) “#❤❤❤”and (iii) “#sweepstakes” (collectively, the “Entry”). All three items must be included to be an eligible Entry. The three hearts must be red hearts to be eligible. An Entrant may also participate on Facebook by visiting the KingdomHearts Facebook Page https://www.facebook.com/KingdomHearts/ (“Page”). During the Sweepstakes Period, there will be a Facebook post on the Page inviting participants to enter this Sweepstakes (“Invitation Post”). To enter the Sweepstakes on Facebook, an Entrant must post (i) “#❤❤❤” (also an “Entry”) as a comment to the Invitation Post during the Sweepstakes Period.
IMPORTANT: MESSAGE AND DATA RATES MAY APPLY IF AN ENTRANT ENTERS THIS SWEEPSTAKES ON HIS/HER MOBILE DEVICE. NOT ALL MOBILE TELEPHONE/WIRELESS PROVIDERS CARRY THE SERVICE NECESSARY TO PARTICIPATE IN THIS SWEEPSTAKES. ENTRANTS SHOULD CONSULT THEIR WIRELESS PROVIDER’S PRICING PLANS. MOBILE ENTRY IS NOT REQUIRED TO ENTER OR WIN A PRIZE IN THIS SWEEPSTAKES.
LIMIT: Entries will not be judged. There is a limit of one (1) Entry per platform per day during the Sweepstakes Period. If an Entrant enters more than one (1) time per platform per day, only the first Entry will be included in the Sweepstakes. For purposes of this Sweepstakes, a day is defined as starting at 12:00 AM ET and ending at 11:59:59 PM ET each calendar day.
You may enter the Promotion only between January 16, 2019 at 12:00 PM Eastern Time (“ET”) and January 20, 2019 at 11:59:59 PM ET (the “Entry Period”).
On or around the January 21, 2019 the administrator will randomly select three (3) potential winners from all eligible entries received during the Sweepstakes Period. Each winner is considered a potential winner pending verification of his/her eligibility and compliance with these Official Rules. Canadian residents will be required to correctly answer a timed mathematical skill-testing question as further described in Section 6 before being declared a potential winner.
PRIZES, APPROXIMATE RETAIL VALUES (“ARV”), AND ODDS OF WINNING:
Each prize is winner’s choice of a trip for two (2) to one (1) of the following locations:
Sweden – (ARV: $6,690 USD/$9,037.79 CAD) – includes 4 nights/ airfare/ground transportation to hotel and activity
Tokyo – (ARV: $6,000 USD/$8,016.63 CAD) – includes 5 nights/ airfare and activity
Italy – (ARV: $6,300 USD/$8,417.46 CAD) – includes 3 nights/ airfare, activity, and a check in the amount of $1,500 USD.
Cayman Islands – (ARV: $6,420 USD/$8,577.79 CAD) – includes 6 nights/ airfare, activity, and a check in the amount of $1,500 USD.
Greece – (ARV: $6,624 USD/$8,850.36 CAD) – includes 4 nights/ airfare, activity, and a check in the amount of $600 USD.
Destination is subject to availability/Sponsor’s discretion. Each prize includes roundtrip coach class airfare for up to two (2) people between the major commercial airport closest to winner’s residence (as determined by Sponsor in its sole discretion) and the selected trip location; hotel accommodations at a hotel selected by Sponsor in its sole discretion (single room, double occupancy); and an activity for winner and his/her guest during the trip. The specific activity and all details will be determined by Sponsor in its sole discretion. Sponsor will contact winner’s to coordinate all prize details. Details are subject to change. Airfare and destination may include lay-overs.
The total ARV of all prizes is up to $20,070 USD/ $26,815.63 CAD.
* Currency conversions based on listed exchange rate as of January 7, 2019.
Odds of Winning:
The odds of winning a prize depends on the total number of eligible entries received during the Sweepstakes Period.
All travel arrangements must be reserved and scheduled by December 31, 2019 or the prize may be forfeited, at Sponsor’s sole discretion. The winner’s guest must be at least eighteen (18) years of age or be the minor child or legal ward of the winner. Guest (or if a minor, his/her parent or legal on the minor’s behalf) will be required to complete and return a Liability & Publicity Release prior to hotel booking. Travel is subject to the restrictions and conditions set forth below. All hotel accommodations and booking arrangements will be administered by Sponsor’s authorized designee. All travel must be booked prior to departure. Travel is subject to capacity controls, availability, weather, seasonal influences, and certain other restrictions, all of which are subject to change. No changes will be made to travel details once any element(s) of the travel arrangements have been booked, except at Sponsor’s sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel is subject to the terms and conditions set forth in these Official Rules and those set forth by Sponsor’s travel prize supplier, as detailed in any contract issued by such supplier. If the winner elects to travel without a guest, no additional compensation will be awarded.
All costs and expenses not specifically included herein are solely the winner’s responsibility. The winner and his/her guest are each solely responsible for obtaining any desired or necessary travel documents (including government-issued photo identification and passports). The winner and his/her guest hereby acknowledges that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance for any part of the prize. The winner will be required to provide a major credit card upon hotel check-in and all in-room charges will be charged to the credit card.
In no event will more than the stated number of prizes be awarded during the Sweepstakes Period. If, for any reason, more prize notifications are sent (or more claims are received) than the prizes offered, as set forth in these Official Rules, Sponsor reserves the right to award the stated number of prizes through a random drawing from among all eligible prize claims received. No prize substitution or exchange will be allowed, except by Sponsor, who reserves the right to substitute a prize, or component thereof, of equal or greater value in case of unavailability of a prize or a prize component. There is a limit of one (1) prize per person.
HOW TO CLAIM A PRIZE:
Potential winners are subject to verification of eligibility and compliance with these Official Rules. The potential winners will be notified on either Facebook as a comment to the Invitation Post or by a direct message or on Twitter or Instagram by a Direct Message or tweet from @KINGDOMHEARTS (depending on his/her method of entry) with instructions on how to claim his/her prize. The potential winners must respond to the Facebook message or Twitter/Instagram Direct Message winner notification within twenty four (24) hours or they may, at the Sponsor’s sole discretion, be disqualified. Potential winners will be required to sign and return an Affidavit of Eligibility and Liability/Publicity Release (except where prohibited) and any other requested documents within five (5) business days from the date of attempted notification or the prize may be forfeited in its entirety and awarded to an alternate winner, at the Sponsor’s sole and absolute discretion. If a potential winner is a Canadian resident, before being declared a winner, he/she will be required to correctly answer a timed mathematical skill-testing questions without assistance, which will be provided with the email notification or the prize will be forfeited. Failure to provide all required information and a signature on the documents within the stated time period may result in forfeiture of winner’s right to claim a prize, and may result in the prize being awarded to an alternate winner, if time permits. The Sweepstakes Entities shall not be held responsible for any delays in awarding a prize for any reason. If a potential winner is found to be ineligible, is not in compliance with these Official Rules, declines to accept a prize, or in the event that a potential winner fails to correctly complete the skill-testing question (if applicable), or the winner notification is returned as undeliverable or a potential winner fails to respond to a winner notification within the timeframe specified in such winner notification, or if the potential winner does not answer the initial notification, the prize may be forfeited. If a prize is forfeited for any reason, it may be awarded to an alternate potential winner, at the Sponsor’s sole and absolute discretion, selected at random from the remaining pool of eligible entries received during the Sweepstakes Period, time permitting. If, after a good-faith attempt, Sponsor is unable to award or deliver a prize, the prize may not be re-awarded. Prizes are not transferable and include only the items specifically listed as part of a prize. Any portion of a prize not accepted by winner will be forfeited. The winner shall be solely responsible for payment of any and all applicable federal, state, provincial, territorial, and local taxes for the prize won. Sponsor will issue an IRS Form 1099 for to each winner. All other costs and expenses not expressly set forth herein shall be solely the winner’s responsibility. The prizes will only be awarded to a verified winner.
LIMITATION OF LIABILITY:
By participating in this Sweepstakes, Entrants agree that the Sweepstakes Entities, Square Enix, Inc. and its affiliates and licensors, and each of their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers and each their respective officers, directors, stockholders, employees, representatives, designees and agents, Facebook Inc., Instagram, Inc., and Twitter, Inc., (“Released Parties”) are not responsible for: (i) lost, late, incomplete, stolen, misdirected, postage due or undeliverable e-mail/text notifications or postal mail; (ii) any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability; (iii) garbled, corrupt or jumbled transmissions, service provider/network accessibility, availability or traffic congestion; (iv) any technical, mechanical, printing or typographical or other error; (v) the incorrect or inaccurate capture of registration information or the failure to capture, or loss of, any such information; (vi) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Sweepstakes; (vii) any injury or damage, whether personal or property, to Entrants or to any person’s computer related to or resulting from participating in the Sweepstakes and/or accepting a prize; and (viii) entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules. Further, the Sweepstakes Entities are not responsible for any unanswered or undeliverable winner notifications.
By entering the Sweepstakes, each Entrant agrees: (i) to be bound by these Official Rules, including entry requirements; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his/her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Sweepstakes; and (iii) to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable attorneys’ fees) that may arise in connection with: (a) the Sweepstakes, including, but not limited to, any Sweepstakes-related activity or element thereof, and the Entrant’s entries, participation or inability to participate in the Sweepstakes; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a prize (or any component thereof); (d) any change in the prizing (or any components thereof); (e) human error; (f) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties; (g) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof); or (h) the negligence or willful misconduct by Entrant.
If, for any reason, the Sweepstakes is not capable of running as planned, Sponsor reserves the right, at its sole and absolute discretion, to cancel, terminate, modify or suspend the Sweepstakes and/or proceed with the Sweepstakes, including the selection of a winner in a manner it deems fair and reasonable, including the selection of a winner from among eligible entries received prior to such cancellation, termination, modification or suspension. In no event will more prizes be awarded than are stated in these Official Rules. In the event that, due to technical, typographical, mechanical, administrative, printing, production, computer or other errors, there are more winners than are stated in these Official Rules, a random drawing among the claimants will be held to determine the winner.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING THE PRIZES, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
THIS SWEEPSTAKES IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF MICHIGAN, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN THE OAKLAND COUNTY, MICHIGAN. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JAMS IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN MICHIGAN. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN OAKLAND COUNTY, MICHIGAN. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ENTRANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY ENTRANT AND/OR SWEEPSTAKES ENTITIES AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR FROM THE END OF THE SWEEPSTAKES PERIOD, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
By participating in this Sweepstakes, each Entrant agrees to allow the Sponsor and Sponsor’s designee the perpetual right to use his/her name, address (city and state), biographical information, likeness, picture and other information and content provided in connection with the Sweepstakes for promotion, trade, commercial, advertising and publicity purposes in all media worldwide including, but not limited to, on television and the Internet, without notice, review or approval and without additional compensation, except where prohibited by law.
Any attempted form of participation in this Sweepstakes other than as described herein is void. Sponsor and Administrator reserve the right to disqualify any Entrant found or suspected, in their sole and absolute discretion, to be tampering with the operation of the Sweepstakes; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of this Sweepstakes. Any attempted form of participation in this Sweepstakes other than as in these Official Rules is void. If it is discovered that a person has registered or attempted to register more than once using multiple phone numbers, e-mail addresses, residential addresses, multiple identities, IP addresses, use of proxy servers, or like methods, all of that person’s entries will be declared null and void and that person will not be awarded any prize that he/she might have been entitled to receive. Any use of robotic, automatic, macro, programmed, third party or like methods to participate in the Sweepstakes will void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. Entrants and/or potential winners may be required to provide proof of identification and eligibility as required by Sponsor or Administrator. Each Entrant may be required to show proof of being an authorized account holder. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. If any provision of these Official Rules or any word, phrase, clause, sentence, or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable. The invalidity or unenforceability of any provision of these Official Rules or the prize documents will not affect the validity or enforceability of any other provision. No Entrant shall have the right to modify or amend these Official Rules. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision and such provision shall remain in full force and effect. All entries and/or materials submitted become the property of Sponsor and will not be returned. In the event of any conflict with any Sweepstakes details contained in these Official Rules and Sweepstakes details contained in any promotional materials (including but not limited to point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Sweepstakes as set forth in these Official Rules shall prevail.
For a list of winners, interested individuals should mail a self-addressed stamped business envelope to: Winners List, – Share Your Heart Out Sweepstakes, P.O. Box 251328, West Bloomfield, MI 48325, USA. Winner List requests must be received no later than March 20, 2019.
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