Enter to Insta-Win from Halls!

by Halls on January 9, 2013

We want to know what YOU love at Halls this January and February!

Stop to either location (Halls Plaza or Halls Crown Center) and snap a pic of your favorite Halls outfit, item, icon, desire, moment, whatever…Then post the photo to Instagram, captioned and tagged with #HallsKC and @HallsKC. Three lucky winners will be selected to win Halls Gift Cards!

HALLS INSTA-WIN INSTAGRAM SWEEPSTAKES
Official Rules

NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING.

PROMOTION DESCRIPTION: The Halls Insta-Win Instagram Sweepstakes (the “Sweepstakes”) begins on or about January 9, 2013 at 10:00:00 a.m. Central Time (“CT”) and ends on February 13, 2013 at 11:59:59 p.m. CT (the “Sweeps Period”).  The Sweepstakes provides entrants with the opportunity to submit photos of Halls, Halls-related images or Halls merchandise  and to submit the photos for consideration.  At the end of the Sweeps Period, three (3) winners will be chosen to receive prizes as outlined below. Entry in the Sweepstakes does not constitute entry into any other promotion, contest or sweepstakes.  By participating in the Sweepstakes , each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Halls, LLC (“Sponsor”), which shall be final and binding in all respects.  This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Instagram.

ELIGIBILITY: Only legal U.S. residents of the fifty (50) United States and the District of Columbia who are eighteen (18) years of age or older and who have reached the age of majority in their state of residence as of the time of entry are eligible to enter.  Officers, directors and employees of Sponsor and its parent, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies (all such individuals and entities referred to collectively, the “Sweepstakes Entities”), and each of their immediate family members and/or people living in the same household are NOT eligible to enter the Sweepstakes or win a prize.  This Sweepstakes is void where prohibited.

HOW TO ENTER:  To enter the Sweepstakes , use Instagram’s application to:  (1) follow Sponsor’s Instagram feed, @HallsKC, and (2) upload a photo of Halls, Halls merchandise or other Halls-related imagery including “#HallsKC” and/or @HallsKC in the caption of the photo (each, a “Submission”).  The Submission must meet the following “Submission Requirements”: (i) the Submission must only feature the entrant or persons from whom the entrant has consent to photograph and submit in the photo, if any persons are depicted therein; (ii) the Submission must be the submitting entrant’s original, previously unpublished work and not feature or focus on any material owned or controlled by third parties (including without limitation, third party copyrighted material); (iii) the entrant must provide upon request all appropriate clearances, permissions and releases for the Submission (in the event a contestant cannot provide all required releases, Sponsor reserves the right, in Sponsor’s sole discretion, to disqualify the applicable Submission, or seek to secure the releases and clearances for Sponsor’s benefit, or allow the applicable Submission to remain in Contest); and (iv) the Submission must not include images that are obscene, pornographic, libelous or otherwise objectionable.  Any Submission that, in Sponsor’s good faith judgment, violates the Submission Requirements will be disqualified.  Submissions must be received by the end of the Contest Period.  No substitutions of new versions of Submissions will be accepted under any circumstances once the original Submission is submitted for consideration.  Any Submission that is considered by Sponsor in its sole and absolute discretion to be obscene, pornographic, libelous, hate speech or otherwise objectionable, in whole or in part, will be disqualified and will not be eligible for entry.

GENERAL ENTRY CONDITIONS: Sponsor is the official timekeeper for the Sweepstakes.  All entry information becomes the property of Sponsor and will not be acknowledged or returned.  Except as otherwise disclosed in these Official Rules, and to the extent entrants may otherwise elect at the time of entry, personal information collected in connection with the Contest will be used in accordance with the online privacy policy available at http://www.halls.com/privacy/index.asp.  Any communication or information transmitted to Sponsor by electronic mail or otherwise is and will be treated as non-confidential and nonproprietary.  Proof of submission is not considered proof of delivery to or receipt of such entry.  Furthermore, Sponsor shall have no liability for any Submission that is lost, intercepted or not received by the Sponsor.  Tampering with the entry process or the operation of the Sweepstakes, including but not limited to the use of any device to automate the entry process other than as contemplated by these Official Rules, is prohibited and any Submissions deemed by Sponsor, in its sole discretion, to have been submitted in this manner will be declared invalid and disqualified.  In the event a dispute regarding the identity of the individual who actually submitted a Submission cannot be resolved to Sponsor’s satisfaction, the affected Submission will be declared invalid and disqualified.  The Contest Entities shall not be responsible for incorrect or inaccurate entry information whether caused by Internet or other network users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the processing of the entries in the Sweepstakes.  The Sweeps Entities assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of entries.

IMPORTANT NOTE: Any entrant who incorporates any intellectual property owned by a third party into his or her Submission does so at his or her own risk.  Without in any way limiting, expanding or amending the Terms of Use policy residing on Sponsor’s website, www.halls.com, (the “Website”) which Terms of Use policy shall remain in full force and effect, if Sponsor is duly notified that any element of an entrant’s Submission infringes upon the rights of another person and/or receives a legally valid request to remove the affected Submission from the Website because of such infringement, such Submission may be disqualified from the Sweepstakes, as Sponsor may determine in its sole discretion.  Further, no entrant will be eligible to receive a prize unless Sponsor determines, in its sole and absolute discretion, that such entrant’s Submission has been or can be sufficiently cleared for legal purposes.

REPRESENTATIONS AND WARRANTIES; INDEMNIFICATION: Each person who enters this Sweepstakes represents and warrants as follows: (i) the Submission is the entrant’s own original, previously unpublished, and previously unproduced work; (ii) the Submission does not contain any computer virus (as applicable), is otherwise uncorrupted, is wholly original with entrant, and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iii) the Submission does not and will not violate or infringe upon the intellectual property rights or other rights of any third party; and (iv) the Submission does not and will not violate any applicable laws, and is not and will not be defamatory or libelous.  Each entrant hereby agrees to indemnify and hold the Sweeps Entities harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder.

ENTRANT’S GRANT OF RIGHTS: For good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, each entrant into the Contest hereby irrevocably grants Sponsor, its successors and assigns, a non-exclusive license (but not the obligation) to reproduce, publicly perform, stream, exploit and otherwise use the Submission throughout the universe, in perpetuity, for any reason whatsoever in any and all media, throughout the universe in perpetuity, without further notice to, consent by, or payment to entrant.  Without in any way limiting the foregoing, Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, make derivative works of or alter the Submission for any purpose which Sponsor deems necessary or desirable, and each entrant irrevocably waives any and all so-called moral rights they may have therein.  Sponsor shall have the right to freely assign its rights hereunder, in whole or in part, to any person or entity.  Sponsor shall retain the rights granted in each Submission even if the Submission is disqualified or fails to meet the Submission Requirements.

GRAND PRIZE: One (1) Grand Prize is available.  The Grand Prize consists of one (1) $100 Halls gift card.

SECOND PRIZE: One (1) Second Prize is available.  The Second Prize consists of one (1) $50 Halls gift card.

THIRD PRIZE: One (1) Third Prize is available.  The Third Prize consists of one (1) $25 Halls gift card.

GENERAL PRIZE CONDITIONS: Gift cards are subject to the terms and conditions printed thereon and imposed by issuer.  No cash alternative or substitution of prizes will be allowed, except Sponsor reserves the right in its sole discretion to substitute prizes of comparable value if any prize listed is unavailable, in whole or in part, for any reason.  Prizes will be awarded only if the potential prize winner fully complies with these Official Rules.  All portions of the prize(s) are non-assignable and non-transferable.  Any prizes pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Contest materials are for illustrative purposes only.  All details and other restrictions of the prize(s) not specified in these Official Rules will be determined by Sponsor in its sole discretion.  THE WINNER IS RESPONSIBLE FOR REPORTING AND PAYING ANY INCOME TAXES OR OTHER TAXES THAT MAY APPLY TO ACCEPTING A PRIZE; SPONSOR IS NOT RESPONSIBLE FOR AND WILL NOT PAY ANY SUCH TAXESALL PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.

WINNER SELECTIONDrawing – A random drawing from among all eligible entries received will be conducted on February 14, 2013 after the entry submission mechanism has closed. All results of the selection are final and binding, subject to these Official Rules.  In the event a winning entry is discovered to be invalid for any reason whatsoever or the person who submitted the winning entry fails to comply with these Official Rules prior to delivery of the prize, the prize may be forfeited and awarded to an alternate winner.  No more than the advertised number of prizes will be awarded.

NOTICE TO WINNERS:  The grand prize winner will be announced on or about February 14, 2013.  Attempts to notify potential winners will be made by Sponsor posting a comment on the potential winner’s Submission including Sponsor’s contact information.  The potential winner must then contact Sponsor using that contact information.  Sponsor is not responsible for communication problems of any kind.  Time is of the essence in awarding the prizes.  If, despite reasonable efforts, a potential winner does not respond within seventy-two (72) hours of the first notification attempt (or such shorter time as exigencies may require), or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit any prize and an alternate winner may be selected.

FURTHER DOCUMENTATION:  Potential winners may be required to execute a further Submission license or assignment, Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, “Prize Claim Documents“). If any potential winner fails or refuses to sign and return all Prize Claim Documents within twenty-four (24) hours of receiving them or forty-eight (48) hours of prize notification, whichever is sooner, (or such shorter time as exigencies may require), the winner may be disqualified and an alternate winner may be selected.  As part of the Prize Claim Documents, a potential winner may also be required to execute a further right of publicity release to use his or her name and/or image, including, but not limited to, for advertising and promotional purposes, without further compensation.

DATES & DEADLINES/ANTICIPATED NUMBER OF CONTESTANTS:  Because of the unique nature and scope of the Sweepstakes , Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Sweepstakes.  Sponsor cannot accurately predict the number of entrants who will participate in the Contest.

NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each entrant hereby acknowledges and agrees that the relationship between the entrant and the Sweeps Entities is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to provide the entrant’s Submission to Sponsor for purposes of the Sweepstakes does not place the Sweeps Entities in a position that is any different from the position held by members of the general public with regard to elements of the entrant’s Submission.  Each entrant understands and acknowledges that the Sweeps Entities have wide access to ideas, stories, photographs, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by their own employees.  Each entrant also acknowledges that many ideas or photographs may be competitive with, similar or identical to the Submission and/or each other in theme, idea, format or other respects.  Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of any Sweeps Entity’s use of any such similar or identical material.  Each entrant acknowledges and agrees that the Sweeps Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission.

GENERAL LIABILITY RELEASE/FORCE MAJEURE:  Entrants agree that the Sweeps Entities and Instagram (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Sweepstakes or any Sweepstakes-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose.  Sponsor assumes no responsibility for any damage to an entrant’s, or any other person’s, computer system which is occasioned by participating in the Sweepstakes, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature.  Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information.  Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Sweepstakes, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.  No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted.  Sponsor reserves the right to modify, extend, suspend, or terminate the Sweepstakes if it determines, in its sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures, or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes as contemplated herein.  In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding prizes or continuing with the Sweepstakes as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, extend, or terminate the Sweepstakes.  If the Sweepstakes is terminated before the designated end date, Sponsor will (if possible) select the winner in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination.  Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances.  Only the type and quantity of prizes described in these Official Rules will be awarded.  These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor.  Unless otherwise stated in these Official Rules, the invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision.  Unless otherwise stated in these Official Rules, 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 shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

PUBLICITY RELEASE:  By participating in the Sweepstakes, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and any entrant in the Sweepstakes, each entrant irrevocably grants the Sweepstakes Entities and their respective successors, assigns, and licensees, the right to use such entrant’s name, likeness, image, and biographical information in any and all media for any purpose, including, without limitation, advertising and publicity purposes, as well as in connection with the Sweepstakes and hereby releases the Sweepstakes Entities from any liability with respect thereto.

NO OBLIGATION TO USE:  Sponsor shall have no obligation (express or implied) to use any Submission or any materials or content created by the entrant (the “Materials”), or to otherwise exploit any Submission or Materials or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of the Submission or Materials for any reason, with or without legal justification or excuse, and contestants shall not be entitled to any damages or other relief by reason thereof.

GOVERNING LAW/JURISDICTION:  ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE SWEEPSTAKES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF MISSOURI WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.  For the purposes of any disputes hereunder, by entering this Contest, each entrant agrees that any and all disputes, claims, and causes of action arising out of or in any way related to this Contest shall be resolved individually, without resort to any form of class action and consents to the EXCLUSIVE jurisdiction and venue of the appropriate state or federal court situated in THE STATE OF MISSOURI.

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