shopkick

“Blue Weekend” Sweepstakes

OFFICIAL RULES

The “Blue Weekend” 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 (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 (the “Entrants”). Employees, officers and representatives of the Sponsor, the Administrator, and any of their respective parent companies, affiliates, franchisees, licensees, distributors, suppliers, subsidiaries, retailers, advertising/promotion agencies and members of the immediate family (mother, father, brothers, sisters, sons, daughters and spouse, regardless of where they reside) and household members of each such employee, whether or not related, are not eligible to participate. Winning a prize is contingent upon fulfilling all requirements set forth herein. Void 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 12:00:01 a.m. Pacific Time (“ET”) on August 20, 2018 and ends at 11:59:59 p.m. PT on August 26, 2018 (“Sweepstakes Period”). The Sweepstakes Period will be broken up into the following five (5) entry periods (“Entry Period”):

 

Start

End

Entry Period #1

8/20/2018

8/20/2018

Entry Period #2

8/21/2018

8/21/2018

Entry Period #3

8/22/2018

8/22/2018

Entry Period #4

8/23/2018

8/23/2018

GRAND PRIZE Entry Period

8/24/2018

8/26/2018

The Sponsor’s computer is the official timekeeping device for this Sweepstakes. Five (5) methods of entry are as follows:

  1. INSTAGRAM (Entries valid for Grand Prize Entry Period only) - Entrants must have an active and non-private Instagram account or sign up for a free Instagram account at www.instagram.com; and follow @shopkick on Instagram. During the Sweepstakes Period, the Sponsor will post Sweepstakes image (“Post”). Entrants will be instructed to “like” or “comment” on the Post. By liking or commenting on the Post, an Entrant will automatically receive one (1) Sweepstakes entry. Limit one (1) entry per Entrant per day (for Instagram). By submitting an Entry via Instagram.com, each Entrant consents to receive from the Sponsor an Instagram comment, if applicable, an email notifying such Entrant that he/she is a potential Prize Winner. Entries posted by a private Instagram account will not be recognized. Entrants will be required to have a public Instagram account in order to accept an eligible entry. In addition, Entrants must enter the Sweepstakes using a personally-registered Instagram account. Any Entrant found to be using the Instagram account of a group, company, or other association, may be disqualified.
  1. TWITTER (Entries valid for Grand Prize Entry Period only) - Eligible Entrants can enter the Sweepstakes during the Submission Period by following the Sponsor on Twitter (@shopkick). During each day of the Sweepstakes Period, the Sponsor will tweet a different Sweepstakes-related post (“Post”). Entrants will be instructed to reply or retweet (via a personal Twitter account) the Post. By replying or retweeting a Post, an Entrant will automatically receive one (1) Sweepstakes entry.
  1. FACEBOOK (Entries valid for all Entry Periods) - Entrants can enter the Sweepstakes during the Submission Period by visiting (https://www.facebook.com/shopkick) (the “Website”), At the Website, Entrants must locate the Sweepstakes-related Post and, using a comment section of the post, sharing a picture applicable to the request of the Post. Each photo post will account for one (1) Sweepstakes entry.
  1. SHOPKICK PRODUCT SCAN (Entries valid for Grand Prize Entry Period only) – Every product scan performed within the shopkick app will generate one (1) entry into the Grand Prize drawing.
  1. PURCHASE (Entries valid for Grand Prize Entry Period only) – Entrants will also obtain one (1) entry into the Grand Prize drawing by making a purchase with a linked card as credit in stores, submitting a receipt, or making a purchase online through Shopkick app.

Limit seven (7) entries per Entrant regardless of method of entry (limit 1 entry per person per day). By entering the Sweepstakes, you agree to be bound by these terms and the Sponsor’s standard Terms of Service found at https://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 https://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 https://www.shopkick.com/terms-of-service.

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. 

RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, Entrants agree to release and hold harmless the Sponsor, 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 a 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: Five (5) Prize drawing will be conducted by the Sponsor (or Sponsor representative), whose decisions are final and binding. There will be one drawing per Entry Period. The drawings will be conducted following each Entry Period. The drawings will be conducted from among all eligible entries received during the Entry Period in question. Odds of winning a Prize will depend on the total number of eligible entries received during the Entry Period in question. The potential Winners will each be contacted by the Sponsor via Facebook, Instagram or Twitter (depending on method of entry).

PRIZES & PRIZE CONDITIONS: There will be five (5) Prizes awarded. Prizes are as follows:

  • Entry Period #1 (1 Winner) – Six Thousand Two Hundred Fifty (6,250) Kicks within the shopkick app (ARV - $25)
  • Entry Period #2 (1 Winner) – Six Thousand Two Hundred Fifty (6,250) Kicks within the shopkick app (ARV - $25)
  • Entry Period #3 (1 Winner) – Six Thousand Two Hundred Fifty (6,250) Kicks within the shopkick app (ARV - $25)
  • Entry Period #4 (1 Winner) – Six Thousand Two Hundred Fifty (6,250) Kicks within the shopkick app (ARV - $25)

Grand Prize Entry Period (1 Winner) – One Hundred Twenty Five Thousand (125,000) Kicks within the shopkick app (ARV - $500)

Total Prize Pool - $600. 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 equal or greater value.

By accepting the 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 awarded. 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 the Prize after it is awarded. If a Prize or Prize notification is returned as unclaimed or undeliverable to a potential Winner, if a potential Winner cannot be reached within three (3) calendar days from the first notification attempt, or if a potential Winner fails to return requisite document(s) within the specified time period, or if a potential Winner is not in compliance with these Official Rules, then such potential Winner shall be disqualified and an alternate Winner may be selected.

By accepting the 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 Prize. 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 Prize.

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.

SEVERABILITY: The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. If any provision of the Official Rules is determined to be invalid or otherwise unenforceable, the other provisions will remain in effect and will be construed as if the invalid or unenforceable provision were not contained herein.

MISCELLANEOUS: These Official Rules contain the full and complete understanding with respect to the Sweepstakes and supersede all prior and contemporaneous agreements, representations and understandings, whether oral or written. The headings herein are for convenience only, do not constitute a part of these Official Rules, and shall not be deemed to limit or affect any of the provisions hereof. No amendment to, or waiver of, any provision of these Official Rules shall be effective unless in writing and signed by both Sponsor and Administrator.  The waiver by Sponsor or Administrator of any provision of these Official Rules shall not constitute a waiver of any other provision herein. The rights and obligations hereunder may not be assigned by Entrant, whether by operation of law or otherwise, without the prior written consent of Sponsor, and any attempted assignment in violation of the foregoing shall be null and void.  These Official Rules shall be binding upon, and inure to the benefit of, the permitted successors and assigns of Sponsor, Administrator, and Entrant. 

WINNERS LIST REQUEST:  To request the name, city, and state of residence of each Winner, please send a self-addressed, stamped business size envelope, by October 15, 2018, to: Alliance/Shopkick “Q3 Blue Weekend” 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 Facebook, Instagram, Twitter, T.J. Maxx, Marshalls, HomeGoods, Best Buy, Carter’s, OshKosh B’gosh, or Ulta.