NO PURCHASE NECESSARY TO ENTER OR WIN; A PURCHASE DOES NOT INCREASE ODDS OF WINNING.
BY ENTERING THE SWEEPSTAKES, YOU AGREE TO ABIDE BY THESE OFFICIAL RULES, WHICH GOVERN YOUR PARTICIPATION IN THE SWEEPSTAKES, AND TO RECEIVE MARKETING MATERIALS FROM POPSUGAR INC. ("SPONSOR"). YOU ALSO REPRESENT THAT YOU MEET THE ELIGIBILITY REQUIREMENTS BELOW.
The Sweepstakes is sponsored by POPSUGAR Inc., located at 111 Sutter Street, 16th Floor, San Francisco, California 94104. The Sweepstakes is subject to all applicable laws and regulations and is void where prohibited by law, or where bonding, registration, or other requirements have not been met. Decisions of Sponsor are final and binding with respect to all matters relating to the Sweepstakes.
1. Eligibility Requirements: The Sweepstakes is open to individuals legally residing in the fifty (50) United States or the District of Columbia, aged 18 or over, who meet their jurisdiction's minimum age requirement. Sponsor's and Sweepstakes Partner's employees and agents, and other persons professionally associated with the Sweepstakes, including each of their immediate family and household members, are not eligible. Winner(s) may be required to furnish proof of identity, address, and age to receive a prize.
2. Sweepstakes Period: The Sweepstakes begins on October 3, 2019, at 9 a.m. Pacific Time and ends on October 31, 2019, at 11:59 p.m. Pacific Time (the "Sweepstakes Period"). Entries received prior to or following the Sweepstakes Period will be disqualified, except the entries received by physical mail may be received as indicated below. The Sponsor's computer is the official time-keeping device for the Sweepstakes.
3. Entry: You may enter the Sweepstakes on Instagram or by mail as described below.
To enter the Sweepstakes on Instagram:
a) Follow POPSUGAR (@popsugar) from your Instagram account; b) Post a photo of yourself wearing one or more pieces from the POPSUGAR at Kohl's Collection and tag @popsugar from your Instagram account; and c) Include the required hashtag #PopsugarAtKohls. The posted photo must not picture any person other than yourself unless you have obtained that person's prior consent.
Alternatively, you may also enter by mailing your name and address to POPSUGAR Inc., 111 Sutter Street, 16th Floor, San Francisco, California 94104, Attn: POPSUGAR Collection at Kohl's Fall Sweepstakes. Mailed entries must be postmarked no later than October 31, 2019, and received no later than November 4, 2019. Mechanically reproduced or pre-printed entries or mailing labels will not be accepted.
4. Odds: Odds of winning depend on the number of entries received.
5. Entry Limit: There is no limit to the number of entries you may submit, but entries must be submitted either through Instagram or by mail (not both.) You may not use multiple means of entry (e.g., multiple Instagram accounts or mail-in addresses) to circumvent the entry limit.
6. Prize(s): One (1) confirmed winner will receive: one (1) or more Kohl's gift card(s) with a total value of five hundred U.S. dollars ($500 USD).
Approximate Retail Value ("ARV"): five hundred U.S. dollars ($500 USD). The ARV represents Sponsor's good-faith determination of the approximate retail value of the prize in U.S. dollars, and may differ from the actual fair market value. The actual fair market value is determined by Sponsor, is final and binding, and may not be challenged or appealed. If the ARV of a prize exceeds the actual fair market value of the prize, the difference will not be awarded to winner in cash or otherwise.
Gift cards, gift codes, certificates, credits, or coupons (the "Gift Card") values are less any applicable activation, transaction, or maintenance fees and subject to the terms, conditions, and restrictions disclosed on the Gift Card, including any stated expiration dates. Sponsor is not responsible for, and will not replace, any lost, stolen, destroyed, or expired Gift Cards, or Gift Cards used without winner's permission.
There is no cash alternative for the Prize, in whole or in part. The Prize is non-transferable and non-exchangeable. No compensation, refunds, or alternatives will be offered due to a winner's inability to attend, claim, or use the Prize. Sponsor reserves the right to substitute a prize of equal or greater monetary value for any Prize. In no event shall the Sponsor be obligated to award more prizes than the number of Prize(s) stated in these Official Rules.
7. Winner Selection: Sponsor will use a computer-generated randomizer to select one (1) winner from the entries received during the Sweepstakes Period (or, for mail entries, received by the date indicated above). If there is a dispute regarding the identity of the winner, the registered account holder of the Instagram account used to submit the winning entry will be deemed the winner, subject to such owner's compliance with the Official Rules. Sponsor reserves the right to deliver Prize(s) to the email or mailing address supplied by the winner at the time of entry.
8. Winner Notification and Acceptance Requirements: Sponsor will contact the winner by direct message to the Instagram account used to enter, or, for entries received by mail, the mailing address. For entries received on Instagram, the confirmed winner will be instructed to claim the prize by emailing Sponsor. For entries received by mail, the winner may claim the prize by contacting Sponsor by mail. Sponsor is not liable for a winner's failure or inability to receive communications sent by Sponsor to the contact information provided. To receive the Prize, the winner must: (a) respond to Sponsor within five (5) business days of initial contact to confirm eligibility; and (b) sign and return an affidavit or declaration of eligibility, IRS Form W-9 (if requested), and liability and publicity release (together, "Winner Paperwork") to Sponsor within five (5) business days of Sponsor's delivery.
A winner may be disqualified for: failure to timely respond to Sponsor's notification, failure to timely complete and return the Winner Paperwork, failure to meet the Eligibility Requirements at the time of entry, failure to comply with the Official Rules, and/or failure to comply with applicable laws and regulations, each as determined in Sponsor's sole discretion. All winner privileges shall immediately terminate upon disqualification. If a winner is disqualified, Sponsor may select an alternative winner (up to a maximum of two alternates). No alternate winner will be drawn if a Prize is time-sensitive.
Normal time, toll, connection, and usage rates charged by your Internet Service Provider may apply.
Winner(s) are responsible for all federal, state, and local taxes on the value of the Prize. Winner(s) may receive from an IRS form 1099-MISC at the end of the calendar year, a copy of which form will also be filed with the Internal Revenue Service.
Unless prohibited by applicable law, winner's acceptance of a Prize constitutes winner's irrevocable permission for Sponsor to use winner's name, address, biographical information, likeness, and testimonial for advertising or publicity purposes regarding the Sweepstakes, on a worldwide basis and in all forms of media known or unknown, without further compensation.
9. General Terms: Sponsor may disqualify any individual or void any entry if the entrant corrupts or affects the administration, security, fairness, integrity, or proper conduct of the Sweepstakes. This includes, for example, the use of computer 'script,' 'macro,' or 'brute force,' masking identities by manipulating IP addresses, or using any automated means to enter the Sweepstakes.
Sponsor may disqualify any individual or void any entry if the entrant uses a username or email address that belongs to or is already being used by another person, whether actual or fictitious, that may be interpreted as impersonating another person, or violating the rights of any person.
Incomplete, illegal, misdirected, untimely, or invalid entries will not be accepted. Proof of sending is not proof of delivery. Releasees (defined below) take no responsibility for delayed, incomplete, illegible, unintelligible, misdirected, damaged, or lost entries due to technical reasons or otherwise.
If the Sweepstakes cannot be run or be administered as planned, for reasons outside of Sponsor's control, Sponsor reserves the right to cancel, modify, or suspend the Sweepstakes (subject to any written directions given under applicable law) by posting a notice on the Sweepstakes entry page. Sponsor further reserves the right to modify, cancel, or suspend the Sweepstakes if Sponsor believes doing so is necessary to maintain the integrity of the Sweepstakes or fairness to entrants. Sponsor will not be liable for a delay or failure to perform its obligations if caused by an act, omission, event, or circumstance beyond Sponsor's reasonable control.
This Sweepstakes is governed by California law. By entering, you irrevocably consent to exclusive jurisdiction and venue of the state and federal courts located in San Francisco, California for any dispute arising from or relating to this Sweepstakes; provided that any and all disputes, claims and causes of action arising out of or connected with the intellectual property of Sweepstakes Partner, shall be resolved individually, without resort to any form of class action, shall be governed and construed in accordance with the laws of the state of California and in the event of any dispute, all entrants irrevocably consent to the jurisdiction of the state and federal courts located in Los Angeles, California to resolve such disputes.
Risks; Warranties; Release of Claims: Your participation in the Sweepstakes is at your own risk. Releasees do not make, and hereby disclaim, all implied warranties of any kind relating to the Prize, including warranties of fitness for a particular purpose, merchantability, and noninfringement, or any representations regarding the function or operation of the Prize.
By entering the Sweepstakes, you agree to release and hold Sponsor, Sweepstakes Partner, and their subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors (collectively, the "Releasees") harmless from any liability, illness, injury, death, loss, litigation, claim, or damage directly or indirectly relating to (i) the provision, hosting, sponsorship, administration, suspension, or cancellation of the Sweepstakes, (ii) a person's ability or inability to enter or participate in the Sweepstakes, including those arising from technical failures, third-party telecommunication outages, or other force majeure events, (iii) any determination of disqualification or other decision made by Sponsor in its sole discretion, (iv) your ability to win, claim, or use a Prize, or to otherwise participate in any activity relating to the Sweepstakes, (v) the Prize itself, or your use or misuse of a Prize, and/or (vi) electronic or human error, or events arising from the simple negligence of one or more Releasees.
You further agree to expressly and forever waive all rights under Section 1542 of the Civil Code of California ("Section 1542") (or any similar law applicable to your jurisdiction) which reads: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
11. Third Party Platforms: If this Sweepstakes is hosted, administered, or operated on a third party platform, including without limitation social media platforms (e.g. Facebook or Instagram) (the "Third Party Platform"), then by participating in this Sweepstakes, you hereby release and hold harmless such Third Party Platform from all claims, responsibility, and liability relating to the Sweepstakes. Unless otherwise stated in these Official Rules, this Sweepstakes is not sponsored, endorsed, or administered by, or associated with, any Third Party Platform.
12. Winner Publication: The first name, last name, and state of residency for confirmed winner(s) will be available upon written request to the Sponsor at the address below, for two (2) years following the end of the Sweepstakes Period.
Sponsor: POPSUGAR Inc., 111 Sutter Street, 16th Floor, San Francisco, California 94104.