shopkick

“#HolidayShopkicking Twitter Party” Sweepstakes

OFFICIAL RULES

The “#HolidayShopkicking Twitter Party” Sweepstakes (the “Sweepstakes”) is intended for legal residents of the fifty (50) United States of America (“USA”), including the District of Columbia (“D.C.”), and shall only be construed and evaluated according to the laws of the USA.  Void in Puerto Rico and U.S. territories.

SPONSOR/ADMINISTRATOR: The Sweepstakes is sponsored by shopkick Inc., 900 Middlefield Road, Redwood City, CA  94063 (the “Sponsor”), and administered by Alliance Sweepstakes Services, Inc., 620 Park Ave. #332, Rochester, NY 14607 (the “Administrator”).

ELIGIBILITY: The Sweepstakes is open and offered only to legal residents of the USA (including D.C), who have reached the age of majority in his or her state of residence at the time of entry. Residents of Puerto Rico and U.S. territories are not eligible. Employees of the Sponsor, the Administrator, their immediate families (parent, child, sibling or spouse) and/or household members and any other persons or entities associated with the Sweepstakes are ineligible to enter or win.  Void outside of the USA, D.C., and where prohibited or restricted by law.

AGREEMENT TO OFFICIAL RULES: By participating, those who enter the Sweepstakes (“Entrants”) agree to abide by and be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to the Sweepstakes. Winning a Prize (as defined below) is contingent upon fulfilling all the following requirements.

HOW TO ENTER:  The Sweepstakes begins at 1:00 p.m. Eastern Time (“ET”) and ends at 2:00 p.m. ET on November 20, 2017 (“Sweepstakes Period”). The Sponsor’s database clock is the official time-keeping device for the Sweepstakes. During the Sweepstakes Period, the Sponsor will tweet questions (approximately 15 total questions) from their twitter handle (@shopkick; www.twitter.com/shopkick). Eligible Entrants can enter the Sweepstakes during the Sweepstakes Period by following the Sponsor on Twitter (@shopkick) and providing a Theme-applicable response to each question (in the Sponsor’s sole discretion). If an Entrant submits a response to that is not Theme-related, in the Sponsor’s sole discretion, the entry will be disqualified. Each Entrant will have three (3) minutes from the time a question is tweeted to provide a Theme-applicable response. All tweets containing a Theme-applicable response must include both of the hashtags, #HolidayShopkicking and #Sweepstakes. Submission of a Theme-applicable response (with the proper hashtags) is a mandatory part of entry. Each Theme-applicable response will receive one (1) Entry into the Sweepstakes. Limit one (1) entry per Entrant per question.

All entries become the property of the Sponsor and will not be returned or acknowledged. By entering the Sweepstakes, you agree to be bound by these terms and the Sponsor’s standard Terms of Service found at http://www.shopkick.com/terms-of-service (together, the "Terms"). You also acknowledge that the Sponsor may collect, use and disclose certain information you provide in connection with this Sweepstakes as set forth in our Privacy Policy found at http://www.shopkick.com/privacy-policy.  The Sponsor reserves the right to change the Terms at any time and without notice to you; updates will be posted at http://www.shopkick.com/terms-of-service.
Entries may not contain any image or depiction of the following: (i) materials which include or constitute trademarks, trade names or copyrighted works created or owned by any person or entity other than Entrant or for which the Entrant has obtained owner’s written permission to use (Sponsor’s discretion); (ii) materials bearing profanities, or bearing the name or likeness of any celebrity, living or dead; (iii) materials which contain visible identifiable or potentially identifiable information, including but not limited to, phone numbers, website links, street addresses, email addresses or license plate numbers; (iv) inappropriate behavior for a general audience; (v) any depiction of real or simulated sexual acts; (vi) violence in any form; (vi) materials which violate anyone’s reasonable privacy expectations, violate any known agreement, or which are defamatory in nature; (viii) materials which are derogatory to Sponsor, or any affiliated entity or person; (ix) materials which are discriminatory based on race, religion, national origin, physical disability, age, sex, or sexual orientation or preference; (x) materials in which any person identifiably appears unless Entrant has obtained an appropriate written release from such person granting all rights required herein; and, (xi) materials which do not comply with all other requirements in these Official Rules. Entries that do not conform to these guidelines will be disqualified. Sponsor reserves the right to reject or disqualify any entry which Sponsor, in its sole and absolute discretion, determines to be inconsistent with the letter or spirit of the Official Rules or potentially damaging to its, the Sweepstakes’, or another’s image or reputation.
GENERAL CONDITIONS: If for any reason the operation or administration of this Sweepstakes is impaired or incapable of running as planned for any reason, including but not limited to: (a) infection by computer virus, bugs, (b) tampering, unauthorized intervention; (c) fraud; (d) technical failures, or (e) any other causes of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, at any time, without notice and award the Prizes (defined below) using all non-suspect eligible entries received as of, or after (if applicable) this cancellation, termination, modification or suspension date, or in any manner that is fair and equitable and best conforms to the spirit of these Official Rules.  Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the entry process or the operation of the Sweepstakes or Sponsor’s Website; or (b) acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner.

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND 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. 

Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision.  In the event of a dispute as to the identity of a Winner based on an email address or Twitter account, the winning entry will be declared to be the authorized account holder of the email address, or the email address associated to the Twitter account in question submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.

RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, Entrants agree to release and hold harmless the Sponsor, Twitter, the Administrator, and their respective parents, employees, officers, directors, subsidiaries, affiliates, distributors, sales representatives, advertising and promotional agencies (collectively, the “Released Parties”) from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any prize, including, but not limited to: (a) any technical errors that may prevent an Entrant from submitting an entry; (b) unauthorized human intervention in the Sweepstakes; (c) printing errors; (d) errors in the administration of the Sweepstakes or the processing of entries; or (e) injury, death, 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 receipt of any prize.  Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure of any email or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to the Entrant’s or any other person’s computer relating to or resulting from participation in this Sweepstakes or downloading any materials in this Sweepstakes.  Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorney’s fees.  Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.

DRAWING AND NOTIFICATION: Fifteen (15) Prize drawings will be conducted by the Sponsor (or Sponsor representative), whose decisions are final and binding. There will be one (1) random drawing for each question. The drawings will be conducted from among all eligible entries received (per question). Odds of winning a Prize will depend on the total number of eligible entries (responses/answers) received per question. The Sponsor will announce the potential Winners by a tweet. The selected Winners will be instructed to contact the Sponsor via Twitter Direct Message in order to claim their Prize.

PRIZES & PRIZE CONDITIONS: There will be up to twenty-five (25) Prizes awarded. Prizes are as follows:

Q1 1 Winner will receive a $100 Boxed Gift Card
Q2: 1 Winner will receive a $25 Best Buy gift card
Q3: 3 Winners will receive 2,500 kicks ($10 ARV)
Q4: 1 Winner will receive a $25 Amazon gift card
Q5: 1 Winner will receive a $25 Walmart gift card
Q6: 1 Winner will receive a Hallmark Keepsake Ornament Gift Set (ARV - $100)
Q7: 2 Winners will receive a $50 Carter’s/OshKosh gift card
Q8: 3 Winners will receive 2,500 kicks ($10 ARV)
Q9: 3 Winners will receive a $10 Starbucks gift card
Q10: 1 Winner will receive a $50 Ulta gift card
Q11: 1 Winner will receive a $50 Hotels.com gift card
Q12: 3 Winners will receive a $10 Starbucks gift card
Q13: 1 Winners will receive a Watch Station watch (ARV - $100)
Q14: 2 Winners will receive a $50 Carter’s/OshKosh gift card
Q15: 1 Winner will receive a Brand New 4K TV (ARV - $599)

Total Prize Pool – $1,394. The Sponsor will designate all Prizes. All other expenses associated with prize acceptance/use not specifically mentioned herein are the responsibility of the Winners. No substitution, assignment or transfer of the Prize is permitted, except by Sponsor, who reserves the right to substitute the Prize with another of comparable or greater value.

By accepting a Prize, the Winners agree to release and hold harmless the Released Parties, from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of the Prize. The Winners will be responsible for all local, state, and federal taxes associated with the receipt of their Prize. The Winners are solely responsible for all matters relating to their Prize after it is awarded. If a Prize or Prize notification is returned as unclaimed or undeliverable to a potential Prize Winner, if a potential Prize Winner cannot be reached within three (3) business days from the first notification attempt, or if a potential Prize Winner is not in compliance with these Official Rules, then such person shall be disqualified and, at Sponsor’s sole discretion, an alternate Prize Winner may be selected based on the judging results.

By accepting a Prize, where permitted by law, the Winners grant to the Released Parties and those acting pursuant to the authority of Sponsor and the Released Parties (which grant will be confirmed in writing upon Sponsor’s request), the right to print, publish, broadcast and use worldwide IN ALL MEDIA without limitation at any time a Winner’s full name, portrait, picture, voice, likeness and/or biographical information for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification. IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THIS SWEEPSTAKES OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE. By participating, Entrants release and agree to hold harmless the Released Parties from any and all liability for any injuries, death or losses or damages to persons or property AS WELL AS CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY that may arise from participating in this Sweepstakes or its related activities or the acceptance, possession, use or misuse of, or any harm resulting from the acceptance, possession, use or misuse of the Prizes. The Winners also acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prizes.

DISPUTES: By entering the Sweepstakes, Entrants agree that 1) Any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or any prize awarded, shall be resolved individually, without resort to any form of class action; 2) Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes but in no event attorneys' fees; and 3) Under no circumstances will any Entrant be permitted to obtain any award for, and Entrant hereby waives all rights to claim punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased 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, shall be governed by, and construed in accordance with the laws of California without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than California. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

WINNERS LIST REQUEST:  To request confirmation of the name, city, and state of residence of each Winner, please send a self-addressed, stamped business size envelope, by December 31, 2017, to: Alliance “#HolidayShopkicking” Sweepstakes Winners List Request, 620 Park Ave #332, Rochester, NY 14607.

This Sweepstakes is not in any manner sponsored, endorsed, administered by, or associated with Twitter.