Michaels #MichaelsHaul Sweepstakes
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. MANY WILL ENTER, FEW WILL WIN. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED. PRIZE ACCEPTANCE RELEASE MAY BE REQUIRED.
1. ELIGIBILITY: The Michaels #MichaelsHaul Sweepstakes (“Sweepstakes”) is open only to legal residents of the fifty United States who are at least eighteen (18) years of age as of August 14, 2016. Employees (and their immediate families) of Michaels Stores, Inc. (“Sponsor”), Instagram, and their subsidiaries, affiliates, suppliers, advertising agencies, and persons living in the same household as such employees are not eligible to participate in the Sweepstakes. Sweepstakes is subject to all applicable federal, state, local laws and regulations and is void where prohibited by law. The Sweepstakes begins at 12:00:00 a.m. Central Daylight Savings Time (“CDT”) on August 14, 2016 and ends at 11:59:59 p.m. CDT on September 3, 2016 (“Sweepstakes Period”). All entries must be received by 11:59:59 p.m. CDT on September 3, 2016 to be eligible.
2. HOW TO ENTER: There are two (2) methods of entry.
a. i. Upload an original image (each an “Entry”) to Instagram (the “Website”) depicting your Michaels Haul; and
ii. Tag the image with “#MichaelsHaul”, @MichaelsStores and “#Sweeps”.
b. Print or type your name, address, city, state, zip code, e-mail address, day and evening telephone numbers, and the words “Michaels #MichaelsHaul Sweepstakes” on a 3” x 5” card (the “AMOE”), and mail in a stamped envelope to Michaels #MichaelsHaul Sweepstakes, Attn: Marketing Program Specialist, 8000 Bent Branch Drive, Irving, TX 75063. Entries submitted by mail must be postmarked by August 31, 2016, and received by September 3, 2016 to be eligible.
In the event of a dispute over the identity of an online entrant, entry will be deemed submitted by the Authorized Account Holder of the email address linked to the Instagram account used to submit the 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. Sweepstakes is subject to federal, state and local laws and regulations. Entry in the Sweepstakes does not constitute entry into any other promotion, contest or sweepstakes.
3. SELECTION OF PRIZE WINNERS: On September 6, 2016, all eligible Entries will be pooled and one potential winners (each a potential “Prize Winner”) will be selected at random from the pool of entries. The Prize Winner will receive one (1) one thousand dollar ($1,000) Michaels Gift Card (the “Prize”). The potential Prize Winners will be contacted via email on September 6, 2016, or for AMOE winners, via mail approximately September 7, 2016. Unless otherwise prohibited, each potential Prize Winner must contact Sponsor within three (3) calendar days of notification attempt to claim their Prize, or the Prize will be forfeited and an alternate potential winner will be selected at random from amongst the remaining entries. Prizes are non-transferable and may not be redeemed for cash value or exchanged for any other prize. If a prize becomes unavailable, Sponsor reserves the right to substitute a prize of equal or greater value in its sole discretion. Odds of winning will depend on the total number of eligible entries received. Sponsor’s decision is final in all matters relating to the Sweepstakes. The ARV of each Prize is $1,000, and the ARV of all prizes for this promotion is $1,000. All taxes imposed on a Prize are the sole responsibility of the Prize Winner.
4. TAMPERING WITH SWEEPSTAKES: No facsimiles or mechanical reproductions of entry forms will be accepted. Entry forms that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices are void. Entrants found tampering with or abusing any aspect of this Sweepstakes, as solely determined by Sponsor, will be disqualified. Any attempt by any person to deliberately undermine the legitimate operation of the Websites or to undermine the legitimate operation of the Sweepstakes may be in violation of criminal and/or 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.
5. CONTENT. You are solely responsible for the content, text, information, photos, video, images, graphics, or other information that you enter in the Sweepstakes. You understand and agree that Sponsor may, but is not obligated to, review and delete or remove any entry that in the sole judgment of Sponsor violates these rules or for any other reason. By entering the Sweepstakes, you hereby grant, and you represent and warrant that you have the right to grant, to Sponsor an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, perform, display, modify, publish, reformat, translate, excerpt (in whole or in part) and distribute such entry, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses to do the foregoing. In addition, you represent and warrant that you are the parent or guardian of any minors identifiable in your photograph and/or artwork, or that you have secured a Waiver and Release from the parent or guardian of any minors identifiable in your photograph or artwork. Winning entries will be required to provide such a Waiver and Release, if applicable. Sponsor reserves the right to remove any entry from the Sweepstakes and the online gallery in its sole discretion. If Sponsor removes an entry from the online gallery, Sponsor will not be required to provide the reason for such removal.
6. COPYRIGHT POLICY. We respect the intellectual property rights of others. If you are a copyright owner or an agent thereof and believe that any entry in the Sweepstakes infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C. §512(c)(3) for further detail): A physical or electronic signature of the owner of the right that is allegedly infringed or a person authorized to act on their behalf; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of the copyrighted works; Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the entry; Information reasonably sufficient to permit us to contact the owner or agent, such as an address, telephone number, and email address; A statement that the owner or agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Our designated Copyright Agent to receive notifications of infringement claims is: Legal Dept./Copyright Claims, Michaels Stores, Inc., 8000 Bent Branch Drive, Irving, Texas 75063, Telephone: (972) 409-1300.
7. PUBLICITY: Except where prohibited by law, acceptance of a prize constitutes permission to use the Entry, and the name and likeness of the Prize Winner for advertising and publicity purposes without further compensation or notice. Unless otherwise prohibited, prize winners may be required to sign and return an Affidavit of Eligibility and Liability/Publicity Release (the “Affidavit”) within three (3) calendar days of notification attempt, or prize will be forfeited and an alternate winner will be selected.
8. LIABILITY & RELEASE: By participating in the Sweepstakes, each entrant agrees to release and hold harmless Sponsor, Instagram, LLC, and each of their parents, affiliates, subsidiaries, directors, officers, employees and advertising, promotional and judging agencies (the “Sweepstakes Entities”) from and against any and all liability, injuries, loss, claim, damages, or cause of action arising out of participation in the Sweepstakes or receipt or use, misuse or possession of any prize, including, but not limited to: (a) human error or unauthorized human intervention in the Sweepstakes; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) lost, late, misdirected, illegible entries; (e) errors in the administration of the Sweepstakes or the processing of entries; or (f) injury or damage to persons, including death, or property that may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt of any prize. Notwithstanding the foregoing, in the event that the preceding release is determined by a court of competent jurisdiction to be invalid or void for any reason, the entrant agrees that, by entering the Sweepstakes, (a) any and all disputes, claims, and causes of action arising out of or in connection with the Sweepstakes, or any prizes awarded, shall be resolved individually without resort to any form of class action; (b) any 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 attorney’s fees; and (c) 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 damages for actual out-of-pocket expenses. Entrants hereby acknowledge that Sweepstakes Entities 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 any prize.
9. GOVERNING LAW/LIMITATION OF LIABILITY: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Sweepstakes Entities in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of Texas, without giving effect to any conflict of law rules or provisions that would cause the application of any other state’s laws.
10. DISPUTE RESOLUTION: The exclusive forum and venue for any dispute regarding the Sweepstakes shall be in the state and federal courts located in Dallas, Texas.
11. WINNERS LIST: For the name of the Sweepstakes winners, send a self-addressed, stamped envelope to: “Michaels #MichaelsHaul Sweepstakes” Winners List, Marketing Program Specialist, 8000 Bent Branch Drive, Irving, TX 75063. Residents of Vermont are not required to provide a self-addressed stamped envelope. Requests must be received no later than November 30, 2016.
Sponsor: Michaels Stores, Inc., 8000 Bent Branch Drive, Irving, TX 75063
The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Instagram.