Michaels Unplug and MAKE Sweepstake
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED.
A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.
1. ELIGIBILITY: The Michaels Unplug and MAKE Sweepstakes (“Sweepstakes”) is open only to legal residents of the 49 continental United States (excluding Hawaii), Washington, DC and Canada (excluding the Province of Quebec) who are at least the age of majority in their state or province of residence as of June 10, 2018. Employees of Viacom Media Networks, a division of Viacom International Inc. (“Nickelodeon”) and Michaels Stores, Inc. (“Sponsor”) and each of its subsidiaries, affiliates, suppliers, advertising agencies, and persons living in the same household as such employees and the immediate family members of such employees are not eligible to participate in the Sweepstakes. Sweepstakes is subject to all applicable federal, state, provincial, local laws and regulations and is void where prohibited by law or restricted in a manner inconsistent with these Official Rules. The Sweepstakes begins at 12:00:00 a.m. Central Daylight Saving Time (“CDT”) on June 10, 2018 and ends at 11:59:59 p.m. CDT on July 28, 2018 (“Sweepstakes Period”). All entries must be received by 11:59:59 p.m. CDT on July 28, 2018 to be eligible. Sponsor’s designated computer is the official time clock for the Sweepstakes.
2. HOW TO ENTER; ENTRY REQUIREMENTS: There are (2) methods of entry.
i. In the United States, visit michaels.com/MAKEsweeps, or in Canada visit Michaels.ca/MAKEsweeps (collectively the “Website”), then:
a. complete the online entry form, which includes your name, email address, daytime phone number, and
b. following the instructions on the screen, upload a .jpg, .gif or .png image of your completed project no larger than 5MB and at least 72 dpi; (each an “Entry”)
ii. Print or type your name, address, city, state, zip code, e-mail address, and day and evening telephone numbers on a 3” x 5” card (the “AMOE”), and mail in a stamped envelope to Michaels Unplug and MAKE Sweepstakes, Attn: Manager – Category Marketing, 8000 Bent Branch Drive, Irving, TX 75063. Entries submitted by mail must be postmarked by July 25, 2018 and received by July 28, 2018 to be eligible.
Only one (1) Entry or AMOE per individual during the Sweepstakes Period is allowed; multiple entries using different email addresses for a single individual will be disqualified. 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 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. Sweepstakes is subject to applicable federal, state, provincial and local laws and regulations. Failure to provide true and accurate information will automatically disqualify you from participating in the Sweepstakes. Entry in the Sweepstakes does not constitute entry into any other promotion, contest or sweepstakes.
Each Entry must be suitable for family audiences. Without limitation, this means that the Entry and anything accompanying the Entry (including, without limitation tags and captions) must not contain any material, words or images or other content that:
o is indecent, obscene, hateful, tortious, defamatory, slanderous or libelous;
o promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
o contains profanity or sexual content;
o promotes alcohol, illegal drugs, tobacco, firearms or weapons;
o contains commercial messages or endorsements regarding third party products or services;
o is unlawful, in violation of or contrary to the laws or regulations of the United States or Canada;
o has been copied or plagiarized. All Entries must be the sole, original work of the designed entrant;
o violates or infringes (or may infringe) any copyright, trademark, logo, mark or other identifier of source, or other proprietary right of any entity or person (whether living or deceased) (including but not limited to, rights of privacy or publicity or portrayal in a false light);
o appears to result in any injury or bodily harm; and/or
o is lewd or inappropriate or offensive or not in keeping with Sponsor’s image or Nickelodeon’s image, including nudity, acts of violence or acts that appear to cause harm or are otherwise objectionable to Sponsor or Nickelodeon.
3. SELECTION OF THE PRIZE WINNERS. On July 30, 2018, all Entries and AMOEs will be pooled and one winner (the potential “Prize Winner”) will be selected at random from the pool of Entries and AMOEs. Sponsor will attempt to notify the potential Prize Winner on July 30, 2018 via electronic mail and phone. Unless otherwise prohibited, the provisional Prize Winner will be required to sign and return an Eligibility and Liability/Publicity Affidavit (“Affidavit”) within forty-eight (48) hours of notification attempt, or prize will be forfeited and an alternate potential winner will be selected at random from the remaining entries. Canadian residents must correctly answer an arithmetic skill test question, without assistance of any kind, whether mechanical, electronic, or otherwise, to claim a Prize.
4. PRIZES. The Prize Winner will receive (1) a meet-and-greet with Jojo Siwa (subject to disability, default or force majeure) for themself, one minor child under the age of eighteen (18) for whom the Prize Winner is a parent or legal guardian, and two other individuals, (a total of four (4) people), at a time and location to be determined by Sponsor; and (2) a check in the amount of Ten Thousand US Dollars (USD $10,000) to be applied to airfare, hotel accommodations, ground transportation, food, and incidental expenditures related to the meet-and-greet (the “Prize”). Terms and conditions may apply. The Prize is 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. Approximate Retail Value (“ARV”) of the Prize is Ten Thousand US Dollars (USD $10,000.00). Winners are solely responsible for all taxes associated with the awarded prize. U.S. law requires a 1099 be given to Sweepstakes winners indicating the value of the Prize.
Neither Sponsor nor Nickelodeon shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, prize providers or any other persons providing any Prize-related services or accommodations. Neither Sponsor nor Nickelodeon shall be liable for any missed prize events, opportunities or expenses incurred as a consequence of flight cancellation/delay or ground transportation delay. No refund or compensation will be made in the event of the cancellation or delay of any transportation or other prize element except at the sole and absolute discretion of Sponsor. Lost, stolen or damaged airline tickets, travel vouchers or certificates will not be replaced or exchanged. Transportation carrier and hotel regulations and conditions apply. If the Prize Winner becomes disabled or cannot otherwise fully enjoy the Prize travel package due to illness, Sponsor shall have the option of: (a) being relieved of liability for fulfillment of the Prize award; or (b) at Sponsor's sole and absolute discretion, extending the period during which the rize may be redeemed for a period equal to the duration of the Prize Winner's disability or illness. The Prize Winner must prove such disability by a doctor's certificate, which certificate shall be endorsed by another physician agreeable to Sponsor and Grand Prize Winner at Sponsor's expense.
The Prize Winner is strictly prohibited from selling, auctioning, trading or otherwise transferring the prizes unless Sponsor consents in writing. ALL PRIZES AWARDED IN THIS SWEEPSTAKES ARE AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE).
5. TAMPERING WITH SWEEPSTAKES: 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 Website or 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.
6. PUBLICITY: Except where prohibited by law, acceptance of any Prize constitutes permission to use the name and likeness of the Prize Winner for advertising and publicity purposes in perpetuity without further compensation, review, notice, or approval, throughout the world, in all media and means whether now known or later discovered.
7. 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 or Nickelodeon 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 and Nickelodeon 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 Entry 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 and Nickelodeon reserve the right to remove any entry from the Contest and/or Website and/or any platform or site at which it is posted at their discretion. If Sponsor or Nickelodeon removes an entry from the Website and/or any platform or site, neither Sponsor nor Nickelodeon will be required to provide the reason for such removal.
8. 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.
9. LIABILITY & RELEASE: By participating in the Sweepstakes, each entrant agrees to release and hold harmless Sponsor, Nickelodeon, and each of its 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.
10. 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.
11. DISPUTE RESOLUTION. The exclusive forum and venue for any dispute regarding the Sweepstakes shall be in the state and federal courts located in Dallas County, Texas.
12. WINNERS LIST: For the name of the Sweepstakes winners, send a self-addressed, stamped envelope to: “Michaels Unplug and MAKE Sweepstakes” Winners List, Attn.: Manager – Category Marketing, 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 September 30, 2018.
Sponsor: Michaels Stores, Inc., 8000 Bent Branch Drive, Irving, TX 75063