NO PURCHASE NECESSARY. INTERNET ACCESS AND A VALID E-MAIL ADDRESS ARE REQUIRED TO ENTER. Kmart Fab 15 Sweepstakes (“Sweepstakes”) begins at 12:00:01 AM Central Standard Time (“CST”) on September 20, 2012 and ends at 11:59 PM CST on November 22, 2012.
ELIGIBILITY: Open only to legal residents of the Fifty (50) United States and the District of Columbia who are 18 or older at the time of entry, excluding employees of Sears Holdings Management Corporation (“Sponsor”), its respective parent companies, subsidiaries, affiliates, related companies and advertising and promotion agencies (collectively, “Released Entities”), and the families and/or household members of each of the above. Sweepstakes void where prohibited. HOW ENTER: Go to www.kmart.com/fab15, vote for your child’s favorite toy and click the “Continue to Entry Form” Button and follow the onscreen instructions as directed. All Entrants will be required to submit their complete name, mailing address, telephone number, a valid email address and birth date (“Entry”). Limit one (1) Entry per person per email address per day. All Entries must be received by 11:59 PM CST on November 22, 2012. Sponsor is not responsible for lost, late, damaged, misdirected, illegible or incomplete entries, all of which are void. Entries become Sponsor’s property and will not be acknowledged or returned. Use of automated devices are not valid for entry. Any Entry that is submitted with the use of an automated device will be void.
SIXTY-FOUR (64) DAILY RANDOM DRAWINGS: Sixty-four (64) Daily Random Drawings (“Daily Random Drawings”) will be conducted from among all eligible entries received between 12:01:00 AM CST and 11:59:59 PM CST on that corresponding Entry Date (“Entry Date”). One (1) potential Daily Winner will be selected from among all eligible Entries received on each Entry Date day for a total of sixty-four (64) Daily Winners. Daily Random Drawings will be conducted within seventy-two (72) hours from the corresponding Entry Date by Centra360, an independent judging organization whose decisions on all matters relating to this Sweepstakes are final and binding. Eligible Entries received on previous Entry Dates and not selected in previous Daily Random Drawings will be included in subsequent Daily Random Drawings. Odds of winning a Daily Prize will depend upon the number of eligible entries received by each Entry Date. Potential Daily Prize Winners will be notified by U.S. Mail, email, or telephone at Sponsor’s sole discretion on or about five (5) business days after that corresponding Random Drawing is conducted. Limit one (1) Daily Prize per household.
DAILY PRIZES AND THEIR APPROXIMATE RETAIL VALUES (“ARV”): One (1) Daily Prize will be awarded based on the corresponding Entry Dates stated herein:
Furby: 9/20/2012; 10/4/2012; 10/18/2012; 10/31/2012; 11/13/2012; ARV: $59.99
Lego Monster Fighters: The Vampyre Hearse: 9/21/2012; 10/5/2012; 10/19/2012; 11/1/2012; 11/14/2012; ARV: $34.99
Barbie Holiday 2012 Brunette Doll (Kmart Exclusive): 9/22/2012; 10/6/2012; 10/20/2012; 11/2/2012; ARV: $39.99
Disney Princess Vanity: 9/23/2012; 10/7/2012; ARV: $99.99
Monster High Skultimate Roller Maze Gift set (Kmart Exclusive): 9/24/2012; 10/8/2012; 10/21/2012; 11/3/2012; ARV: $26.99
FURREAL FRIENDS BOUNCY, MY HAPPY TO SEE ME PUP: 9/25/2012; 10/9/2012; 10/22/2012; 11/4/2012; 11/15/2012; ARV: $36.99
Monsuno Strike Sector Combat Set: 9/26/2012; 10/10/2012; 10/23/2012; 11/5/2012; 11/16/2012; ARV: $24.99
Air Hogs Hover Assault: 9/27/2012; 10/11/2012; 10/24/2012; 11/6/2012; 11/17/2012; ARV: 49.99
Master Moves Mickey: 9/28/2012; 10/12/2012; 10/25/2012; 11/7/2012; 11/18/2012; ARV: $69.99
LeapFrog LeapPad2TM: 9/29/2012; 10/13/2012; 10/26/2012; 11/8/2012; 11/19/2012; ARV: $99.99
Imaginext Castle: 9/30/2012; 10/14/2012; 10/27/2012; 11/9/2012; ARV: 59.99
Twister Dance: 10/1/2012; 10/15/2012; 10/28/2012; 11/10/2012; 11/20/2012; ARV: $32.99
WWE Brawlin Buddies: 10/2/2012; 10/16/2012; 10/29/2012; 11/11/2012; 11/21/2012; ARV: $29.99
Johnny The Skull: 10/3/2012; 10/17/2012; 10/30/2012; 11/12/2012; 11/22/2012; ARV: $34.99
TOTAL ARV OF ALL DAILY PRIZES: $3,082.36
PRIZE ACCEPTANCE: Prizes are not transferable. No prize substitutions or cash redemptions allowed except by Sponsor, who may substitute a prize of equal or greater value if an advertised prize becomes unavailable. All federal, state and local taxes are the sole responsibility of the Prize Winners. All Daily Prize Winners will be required to sign and return a Prize Verification Form within a time period designated by Sponsor or prize may be forfeited. Non-compliance will result in disqualification of such potential Prize Winner and the prize will be awarded to an alternate winner in a random drawing from among all remaining eligible entries received on the corresponding Entry Date. By signing and returning a Prize Verification Form and accepting a Prize, each Daily Prize Winner consents to the use of his/her name, voice, picture, likeness and video footage for advertising, publicity and promotional purposes in any medium and social media websites throughout the world in perpetuity without additional compensation except where prohibited by law. By signing and returning a Prize Verification Form, (where permitted), each Winner represents that he/she is not: (i) represented under a contract (e.g., by a talent agent or manager) that would in any way limit or impair Sponsor’s ability to display or use his/her name, likeness or any work that he/she has created in any media form; (ii)subject to an acting, modeling or any other contract that would make his/her appearance in the work a violation of any third-party rights; or (iii) under any other contractual relationship, including but not limited to any guild or union memberships, that may prevent Sponsor from being able to use the work or image worldwide in all media in perpetuity on a royalty-free basis, without any payment of fee obligations of any kind. Sponsor will make two (2) attempts to notify a Potential Daily Prize Winner at the mailing address, email address, or telephone number at Sponsor’s sole discretion provided on the entry form. If a Potential Daily Prize Winner cannot be reached, if he/she is found to ineligible, if he/she cannot or does not comply with these Official Rules, or if his/her prize or prize notification or any prize correspondence is returned as undeliverable, that Potential Prize Winner will be disqualified and that Prize will be awarded to an alternate winner in a random drawing from among all remaining entries received on the corresponding Entry Date.
CONDITIONS OF PARTICIPATION: By participating in the Sweepstakes, each Entrant agrees to release Sponsor and the Released Parties and their agents from any and all liability, loss or damage of any kind arising out of or in connection with their participation in this Sweepstakes or with respect to awarding, receipt, possession, use and/or misuse of any prize. Sponsor is not responsible for any printing, typographical, mechanical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of the prize. Sponsor is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion via mobile phone. If for any reason, this program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes. Sponsor reserves the right to select winners from eligible entries received as of the termination date. Sponsor further reserves the right to disqualify any individual who tampers with the entry process. By entering the Sweepstakes, each entrant agrees that: (i) any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (ii) 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 will attorneys’ fees be awarded or recoverable; and (iii) under no circumstances will any entrant be permitted to obtain any award for, and each entrant hereby knowingly and expressly waives all rights to seek, punitive, incidental or consequential damages and/or any other damages, other than actual out of pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased. By entering and participating, entrant agrees to defend, indemnify and hold harmless the Sweepstakes Entities from and against any and all claims, demands, liability, damages or causes of action (however named or described) losses, costs or expenses, with respect to or arising out of or related to: (i) entrant’s participation in the Sweepstakes, and (ii) entrant’s acceptance, use or misuse of a prize (including, without limitation, any property loss, damage, personal injury or death caused to any person(s)). Each Prize Winner assumes all liability for any injury or damage caused, or claimed to be caused, by participation in this Sweepstakes or use or redemption of a prize. In the event the integrity and/or feasibility of the Sweepstakes is undermined by any event including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute, or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state, provincial or local government law, order of regulation, order of any court or jurisdiction, or other cause not reasonably within the Sponsor’s control (each a “Force Majeure” event) the Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel or terminate the Sweepstakes without notice or further obligation. If the Sponsor, in its discretion, elects to abbreviate, cancel or terminate the Sweepstakes as a result of a Force Majeure event, the Sponsor reserves the right, but shall have no obligation, to award the Prizes from among all valid and eligible entries received up to the time of such Force Majeure event.