Sears – Diehard Fan – Win 1 of 14 travel certificate valued at $4,000 each
SEARS DIEHARD FAN CONTEST OFFICIAL RULES
NO PURCHASE NECESSARY.
OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA,
WHO ARE 18 YEARS OR OLDER AS OF DATE OF ENTRY. VOID WHERE PROHIBITED.
1. Contest Period: The Sears DieHard Fan Contest (the “Contest”) begins at 12:00am Eastern Time (“ET”) on June 1, 2016 and ends at 11:59pm ET on December 11, 2016 (the “Contest Period”). The Contest Period consists of seven (7) separate Entry Periods (each, an “Entry Period”), each with its own Judging Period and Voting Period.
2. Eligibility: Open only to legal residents of the 50 United States and the District of Columbia, who are 18 years of age or older as of date of Entry. Employees of Sears Brands, LLC (the “Sponsor”), and any of its affiliates, directors, agents, advertising and promotion agencies, including Don Jagoda Associates, Inc. (collectively with Sponsor, the “Contest Entities”) and members of their immediate families (spouses, parents, children, and siblings and their spouses), are not eligible. Void where prohibited by law and subject to all federal, state and local laws.
3. How to Enter: During the Contest Period, visit www.diehardfans.vote (the “Website”), complete the onscreen registration form and select the category for which you are a “DieHard Fan”. You must also upload your original photo (“Photo”) and a 100-word or fewer statement (“Statement”) that convey how you (the “Entrant”) first became a “DieHard” fan of your selected category. All components combined constitute the “Entry.”
Each Entrant attests that he/she has made all those depicted in the Entry (or parent/legal guardian for any person depicted who is a minor) aware that he/she is submitting an Entry containing them in this Contest, and all depicted (or parent/legal guardian for any person depicted who is a minor) have agreed that entrant may submit such Entry. Further, the Entrants who are selected as winners may need to obtain a Release from those depicted in their Entry, if applicable (or the parent/legal guardian of any minors depicted) prior to being confirmed official winners. The Statement portion of the Entry must be no more than 100 words in length and in English. Entry must be received within the Entry Period indicated in the chart below to be included in the judging for that Entry Period only. Entries will not roll over into any subsequent Entry Periods. Limit one (1) Entry per person/email address, per Entry Period. Subsequent Entries submitted by the same person/email address in an Entry Period will be void.
By entering, you understand that your Entry, in its entirety, may be posted online and in a gallery if your Entry is deemed eligible and appropriate, in Sponsor’s sole discretion. Entries become the property of Sponsor upon receipt and will not be acknowledged or returned. Sponsor is not responsible for lost, late, misdirected, corrupted or incomplete Entries. Proof of submission is not proof of receipt by Sponsor. The Website’s database clock will be the official timekeeping device for the Contest.
Period Entry Period Dates
(all 12:00am – 11:59pm, ET) Judging Periods Voting Periods
(all 12:00am – 11:59pm, ET)
1. 6/1/16 – 6/19/16 6/20/16 – 6/21/2016 6/25/16 – 6/29/16
2. 6/20/16 – 7/17/16 7/18/16 – 7/19/16 7/25/16 – 7/30/16
3. 7/18/16 – 8/21/16 8/22/16 – 8/23/16 8/27/16 – 8/30/16
4. 8/22/16 – 9/18/16 9/19/16 – 9/21/16 9/24/16 – 9/29/16
5. 9/19/16 – 10/16/16 10/17/16 – 10/19/16 10/24/16 – 10/30/16
6. 10/17/16 – 11/13/16 11/14/16 – 11/16/16 11/21/16 – 11/29/16
7. 11/14/16 – 12/11/16 12/12/16 – 12/14/16 12/19/16 – 12/29/16
4. Entry Requirements: In the event the Sponsor, in its sole discretion, determines that any Entry contains content that does not comply with these Official Rules or does not otherwise comply with regulatory guidelines, Sponsor reserves the right to disqualify and remove the Entry or, if Sponsor so determines, edit the content of the Entry. Photo submissions must be in one of the following formats: jpg or png and no larger than 2mb. All Entries must comply with these Official Rules and the registration instructions in order to be eligible. All Entries must be non-professional and the sole, original work of the Entrant. Entrants may not copy or otherwise plagiarize any portion of the Entry from any other source. Entries may not have been published previously or have been submitted in any other competition. The Entrant must own all rights in and to the Entry. Entries must be in keeping with Sponsor’s image, or desired image, or they will be disqualified. The Entry may not contain obscene, profane, lewd, defamatory or inappropriate images or text; and may not include nudity, acts of violence, acts that appear to cause injury or harm, or acts that are illegal or dangerous, as determined in Sponsor’s sole discretion. Entries should not contain any third party materials, and should not contain any materials that, violate or infringe (or may be at risk of infringing) any third party rights, including without limitation copyright, trademark rights, privacy rights (including portrayal in a false light), publicity rights, or other intellectual property rights. Entries should not contain logos (other than Sears and other Sears brands), marks that identify a brand, or other personal or proprietary materials of any entity or person living or deceased. Sponsor has in its sole discretion, the option (but not the obligation) to blur or black-out any imagery that Sponsor deems objectionable. Any Entry that violates this section or is otherwise objectionable (as determined solely by Sponsor) will be disqualified. Automated, script, macro or robotic Entries will be disqualified.
5. Transfer of Rights: By submitting an Entry, Entrant hereby irrevocably grants the Contest Entities the non-exclusive, non-transferable, royalty-free, perpetual, worldwide rights to use, reproduce, publish, edit, market, store, adapt, assign, sell, dispose of, distribute, have distributed, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon, and promote the Entry or excerpts of the Entry and submitted Photos/Statements (as such may be edited and modified by the Sponsor in its discretion) in perpetuity, for editorial, commercial, promotional and all other purposes (including posting on in the gallery for public voting or on Sponsor-affiliated websites, and/or other Sponsor-selected media).
6. Additional Representations and Warranties/Indemnification: Each Entrant represents and warrants as follows: (i) Entrant’s Entry is non-professional and the sole, original work of the Entrant, which has not been copied or otherwise plagiarized, in whole or in part, from any other source and, as of the date of Entry submission, is not the subject of any actual or threatened litigation or claim; (ii) Entrant’s Entry has not been published previously or submitted in any other competition; (iii) Entrant owns all rights in and to the Entry; (iv) Entrant’s Entry does not and will not violate or infringe upon (nor is it at risk of infringing) any third party rights, including without limitation copyright, trademark rights, privacy rights (including portrayal in a false light), publicity rights, or other intellectual property rights; and (v) Entrant’s Entry does not and will not violate any applicable laws, and is not and will not be considered defamatory or libelous. Each Entrant hereby agrees to indemnify and hold the Contest Entities harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of Entrant under these Official Rules.
7. Judging to Determine Finalists: All submitted Entries received for each Entry Period will be judged by the Sponsor and Sponsor-selected judges based on the following criteria: Relevance to Theme (40%); Originality (30%); Inspirational Value of Entry (20%); and Clarity of Statement (10%), to determine ten (10) Finalists. In the event of a tie, tied Entries will be re-judged based solely on: Originality (100%). The ten (10) highest-scoring Entries will be deemed the Finalists for that Entry Period, subject to verification. Decisions of Sponsor/Sponsor selected judges (together “judges”) are final with respect to all matters relating to judging. By participating, Entrants agree to the decisions of the judges, which shall be final and binding in all respects.
8. Public Voting Periods: Each Entry Period’s confirmed Finalists (up to ten ) will be featured on the Website during the corresponding Voting Period indicated in the chart above. Eligible individuals (defined as 13 years of age or older) who visit the Website can vote by clicking where indicated to vote for their favorite Finalist Entry based on the Entry they believe best conveys how the Entrant first became a “DieHard” fan of the selected category. There is a limit of one vote per person/email address per day per Entry. The two (2) Finalists from each Entry Period with the highest number of valid votes will be deemed the Grand Prize winners, subject to verification. In the event of a tie, Sponsor will make the final determination of the Grand Prize winners. Use of any automated device or multiple email addresses to vote is prohibited and any vote that is submitted with the use of an automated device or through multiple email addresses will be void. Sponsor reserves the right to disqualify any person tampering with the voting process and to disqualify and void any votes that were submitted by fraudulent means or were otherwise in violation of the voting rules and instructions, as determined by Sponsor in its sole discretion.
9. Prizes: Fourteen (14) Grand Prizes (two per entry period) – A $4,000 travel certificate, redeemable towards the purchase of winner’s choice of any available travel package within the U.S., offered by Sports Travel and Tours. Travel packages may include hotel accommodations, air transportation, concert and/or game ticket(s), and can be customized to winner’s request. Certificates expire 5 PM ET on December 29, 2017, are non-transferable and cannot be redeemed for cash. In the event selected travel package is under $4,000, winner can apply the balance towards a future Sports Travel and Tours purchase by 5 PM ET on December 29, 2017, but no compensation will be provided for unused balance. In the event selected travel package exceeds $4,000, winner will be required to pay for the difference. Certain restrictions and blackout dates apply. Winner must work with Sports Travel and Tours and adhere to their regulations. Limit one prize per person or household. No substitution or transfer of prize permitted except at the sole discretion of the Sponsor. Taxes related to the prizes are the sole responsibility of the individual winners.
10. Finalist/Winner Notification: Potential Finalists will be notified by email, mail and/or phone, on or about the day following the Judging Period in which they were determined. Potential Finalists will then be required to execute and return via email, an Affidavit of Eligibility, Liability/Publicity Release (where legal) and Assignment of Rights (collectively, the “Affidavit”) by the deadline indicated in the notification or an alternate potential Finalist may be determined, time permitting. If prize notification is returned as non-deliverable, Finalist may be disqualified and an alternate Finalist will be determined, time permitting.
11. General Rules: By participating, Entrants agree to these Official Rules and the decisions of the judges and Sponsor, which shall be final and binding in all respects. Finalists, all Entrants and all those depicted in Entries (or, if a minor, the minor’s parent/legal guardian on his/her behalf), as a condition of Entry into the Contest, agree to release and hold harmless Contest Entities, and their respective parents, subsidiaries, and affiliates and the shareholders, directors, officers, employees, representatives, successors, assigns and agents of each from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with creation of or submitting an Entry/vote or otherwise participating in or preparing for any aspect of the Contest, the receipt, ownership, possession and/or use or misuse of prize awarded or any typographical or other error in these Official Rules or the announcement or offering of the prizes or for any claims or causes of action based on publicity rights, defamation or invasion of privacy. Acceptance of a prize constitutes permission to the Contest Entities to use winning Entrants’ and/or those featured in the Entry, names, likenesses and the winning Entrants’ Entries for promotional purposes (including any possible public relations opportunities) without further compensation, notice, review or approval, except where prohibited by law. The Sponsor and its agencies are not responsible 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 user or by any of the equipment or programming associated with or utilized in the Contest or by any human error which may occur in the processing of the Entries in the Contest or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with the Contest. The Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the Entry process; violates the Official Rules; or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be 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 that provision. Sponsor reserves the right to cancel or modify this Contest for any reason, including (but not limited to) if, for any reason, the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest. If such cancelation occurs, Sponsor reserves the right to determine the Finalists and/or Winners from among all eligible Entries received during each applicable Entry Period prior to cancellation, based on the judges’ scores using the same criteria listed above.
12. Disputes: Entrant/Winner agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Contest, or any prize awarded shall be resolved individually, without resort to any form of class action, and solely and exclusively in a federal or state court located in Illinois; Entrant/Winner submits to sole and exclusive personal jurisdiction to said courts in the State of Illinois for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (b) any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, including costs associated with entering this Contest but in no event attorneys’ fees; and (c) under no circumstances will Entrant/Winner be permitted to obtain awards for and Entrant/Winner hereby waives all rights to claim 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Entrant/Winner or the Contest Entities in connection with this Contest shall be governed by, and construed in accordance with, the laws of the State of Illinois, without giving effect to any choice of law or conflict of law rules of provisions (whether of the State of Illinois, the United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Illinois.
14. Winners List: For the names of winners, available after 12/31/2016, send a stamped, self-addressed envelope, to: Sears DieHard Fan Contest Winners, 3333 Beverly Road Hoffman Estates, IL 60179.
15. Sponsor: The Sponsor is Sears Holdings Management Corporation, 3333 Beverly Road, Hoffman Estates, IL 60179.
NO PURCHASE NECESSARY. Open only to legal residents of the 50 U.S. & DC, 18 or older. Starts 12:00am ET on 6/1/16 and ends 11:59pm ET on 12/11/16. Void where prohibited. For complete details, see Official Rules at www.diehardfans.vote.
“Ultimate Fan Experience*” Disclaimer:
*Awarded as $4,000 travel certificate, redeemable towards any available travel package within the U.S., offered by Sports Travel and Tours.