Kirks Folly "Spook-tacular Witch Hat Photo Contest" Official Contest Rules

Sponsor

This promotion (the "Kirks Folly Holiday Spectacular Sweepstakes") is sponsored by Kirks Folly, Inc. ("Kirks Folly"), 236 Chapman Street, Providence, RI 02905

* NO PURCHASE NECESSARY

* PURCHASE WILL NOT ENHANCE ODDS OF WINNING

Eligibility

Participation constitutes full and unconditional agreement to, and acceptance of, these Official Rules. Kirks Folly Spook-tacular Witch Hat Photo Contest ("Contest") is open to legal residents of the United States and the District of Columbia, residing in the United States and the District of Columbia, who are (a) 18 years of age or older and (b) the parent or legal guardian of a child that is 17 years and younger at the time of entering the Contest. Employees, officers, and directors of Kirks Folly, its parent companies, affiliates, subsidiaries, advertising, promotion and fulfillment agencies, their immediate family members and persons living in their same household, are not eligible to win prizes in the Contest. This Contest is offered in the U.S. only and shall only be construed and evaluated according to U.S. law.

GENERAL RULES OF CONTEST:

To enter the Contest, you must submit a photograph of yourself or your child along with your full name, address, phone number and email address. The Contest will start at 8:00 am EST on Monday, October 19th, 2009 and end at 6:00 pm EST on Friday, October 23, 2009. The winner of the Contest will be the entrant that submits the photograph that receives the most confirmed votes from the voting public during the Contest period. Voters may vote no more than once each day for any photograph. By submitting your photo for the Contest, entrants agree to accept e-mail marketing messages from Kirks Folly. See "Privacy Statement" herein for detailed information concerning Kirks Folly's Privacy Policy.

HOW TO ENTER:

You must submit a photograph of yourself or your child along with the following required information: your full name, address, phone number and your email address to the following email account: HalloweenContest@Kirksfolly.com

Please provide the required information or your entry will become invalid. Submitted photographs may not be digitally, or otherwise, altered. Any winning photograph found to be altered will be disqualified from winning. Entrant must be the owner of the photograph, or otherwise have the right to submit the photograph for consideration in the Contest. Photos will be accepted from 12:01 am EST on Monday, September 28, 2009 until 11:59 pm EST on Friday, October 16th.

SELECTION OF ENTIRES AND WINNER:

Each photograph submitted must be approved for posting on the Kirks Folly website by a member of Kirks Folly's photo selection committee. Photos may be approved or rejected based on suitability (for example, no pet or adult photos are appropriate) for the Contest at the discretion of Kirks Folly. Only those photos approved for posting will be deemed eligible to win the Contest. All photos approved for posting on the Kirks Folly website will be deemed "ENTRIES".

The photograph that receives the most public on line votes will be deemed the winning Contest photograph. For purposes of the Contest, a "vote" means a vote cast on the Kirks Folly Website, by a "unique voter." A "unique voter" is a person from the same computer "IP address" that is not duplicative of another voter. A unique voter may vote no more than once each day (every 24 hours) for a photograph. In addition to the Disqualification provisions below, if Kirks Folly determines, in its sole discretion, that an abuse of the "unique voter" rule has occurred, Kirks Folly may disqualify votes cast by such voters or contestants, including if more than 5 of such voters or contestants voted from the same computer "IP address" during this contest.

If there is an exact tie in the number of votes cast for two photographs, then the winning prize will be split equally between those two (2) entrants. Winners will be determined within 72 hours of the end of the Contest; however, Kirks Folly reserves the right to take more or less time to determine the winner as it deems necessary in its sole discretion.

The winner will be notified by phone, email and/or postal mail. The winner will be selected based upon the results of online voting, and will be subject to approval by Kirks Folly pending confirmation of the winner's compliance with these Official Rules. Kirks Folly's decisions are final on all matters relating to this Contest.

ODDS OF WINNING:

The odds of winning the Contest are a function of a number of factors including, but not limited to, the number of entries, number of votes cast, number of votes you cause to be cast for your photo and quality of the photograph.

The winner will be required to sign an Affidavit of Eligibility/Liability and Publicity Release within three days of attempted notification. Failure to return these documents in the time specified or the return of the notification marked undeliverable will result in disqualification of the entry and an alternate winner will be selected from among the runners up, until a winner is designated.

PRIZE DESCRIPTION:

The winner of the "Spook-tacular Witch Hat Photo Contest" will receive a Kirks Folly Grab Bag valued in the amount of $575.00 (five hundred and seventy five dollars). The Winning photo may appear throughout the Kirks Folly Website and Kirks Folly newsletter services, where potentially thousands of viewers may see the photograph. Entrants waive any and all rights to photographs and give Kirks Folly the right to publish same in any medium without compensating entrants.

TAX CONSEQUENCES:

Federal, state and/or local taxes are the responsibility of the Winner. The determination of liability for any federal, state and/or local taxes that may arise out of the entrant's participation in the Contest (including the entrant's receipt of any prizes), and the payment of any such tax liability, shall be the sole responsibility of the entrant. However, should federal, state and/or local law impose any tax reporting or filing obligations on Kirks Folly arising out of the entrant's participation in the Contest (including the entrant's receipt of any prizes), the entrant agrees to timely provide Kirks Folly with any information that is reasonably necessary for Kirks Folly to comply with any such reporting or filing obligations. In addition, should federal, state or local law impose any tax withholding obligation on Kirks Folly with respect to entrant's receipt of any prizes, the entrant agrees to such withholding and shall timely provide any information to Kirks Folly as may be required for Kirks Folly to accomplish such withholding.

SPECIAL TERMS:

Kirks Folly reserves the right, in its sole discretion, to reject any photographs. No inappropriate, indecent or obscene photographs may be submitted to Kirks Folly for entry into the Contest or submitted for display on the Kirks Folly Website. Visitors to the Kirks Folly Website may notify Kirks Folly of any photographs or captions that appear to violate these Official Rules. Kirks Folly will use its best efforts to exclude any such photographs or captions; however, Kirks Folly is not a publisher of the photographs; it is merely providing a forum for the display of these photographs for voting purposes and, therefore, Kirks Folly expressly disclaims any and all liability associated with the display of any of the photographs on the Kirks Folly Website.

PRIVACY STATEMENT:

For Our Privacy Policy, please Click Here.

REPRESENTATIONS AND WARRANTIES OF ENTRANT:

Entrant represents and warrants to Kirks Folly, its affiliates and its advertising sponsors that: (a) he/she is over 18 years of age and a legal resident of the U.S. or the District of Columbia; (b) he/she is the parent or legal guardian of the child in the photograph submitted; (c) he/she has all of the rights and authority necessary to submit the photograph for entry in the Contest in compliance with these Official Rules, including the right to publish the photograph, and the right to grant the Promotion Release set forth hereinbelow; (d) the publication of the photograph will not infringe on the rights of any third party; (e) the photograph submitted has not been digitally, or otherwise, altered; and (h) he/she has read the Kirks Folly Privacy Policy and agrees to its terms.

WINNERS LIST:

To receive a list of the winner, send a self-addressed stamped envelope to: Kirks Folly Photo Contest, 236 Chapman Avenue, Providence, RI, 02905.

PROMOTION RELEASE:

By submitting an entry and participating in the Contest, entrant, for him/herself and on behalf of the Child, irrevocably transfers, grants and assigns to Kirks Folly, its affiliates and its respective successors, assigns, and licensees, the right worldwide and in perpetuity, to use the name, likeness, image and photographs, including any reproductions of same, in any and all media including, without limitation, use on the Kirks Folly Website in connection with the Contest or other promotions and for any advertising or promotional purposes, without additional compensation, and releases Kirks Folly and any entity acting on behalf of Kirks Folly from any liability with respect thereto.

RELEASE OF LIABILITY:

Entrant, for him/herself, and on behalf of the Child agrees that Kirks Folly, its affiliates and its employees, officers, directors, shareholders, agents, representatives, its respective successors, assigns, agencies and licensees shall not be liable for any personal injury, death, loss or damage of any kind or any other causes of action or claims related to entrant's participation in this Contest or acceptance or use of the Prizes awarded including, without limitation, any claims based on publicity rights, defamation or invasion of privacy. If, for any reason, the Contest or any portion thereof is not capable of running as planned by reason of infection by virus, bugs, worms, tampering, unauthorized intervention, fraud, technical failures, or any other causes which, in the sole opinion of Kirks Folly, may corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Kirks Folly reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Contest or any part of the Contest, and select the winner for the Contest from the entries received prior to the action taken or in other such manner as deemed fair and appropriate by Kirks Folly.

GENERAL CONDITIONS:

Kirks Folly, its affiliates and its employees, officers, directors, shareholders, agents, representatives, its respective successors, assigns, agencies and licensees are not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible or misdirected entries, which will be disqualified, or for other problems of any kind, whether mechanical, human or electronic, whatever the cause. Only fully completed entry forms actually received by Kirks Folly are eligible for Contest entry. Proof of submission will not be deemed to be proof of receipt by Kirks Folly. Kirks Folly's sole responsibility for any irregular entry is replacement with another entry in the Contest. If a potential winning entry is made by Internet, that potential winner may be required to provide Kirks Folly with proof that the potential winner is the authorized account holder of the registration information associated with the potential winning entry.

GOVERNING LAW:

These rules shall be interpreted and enforced in accordance with the laws of the State of Rhode Island, without regard to conflicts of law principles. Any and all actions, proceedings and disputes between the parties, irrespective of place of execution or performance, shall be instituted and resolved in the Courts of the State of Rhode Island. Each party consents to the exclusive jurisdiction of the Courts of the State of Rhode Island.

DISQUALIFICATION:

Kirks Folly, its legal representatives, affiliates, subsidiaries, parents, agencies and its officers, directors, employees and agents, are not responsible for lost, interrupted or unavailable network server or other connections, miscommunications, failed telephone or computer transmissions or technical failure, lost online entries, jumbled, scrambled or misdirected transmissions, or other error of any kind, whether human, mechanical or electronic. Persons found tampering with or abusing any aspect of the Contest, as solely determined by Kirks Folly, will be disqualified. If disqualified for any of the above reasons, Kirks Folly reserves the right to terminate entrant's eligibility to participate in the Contest.

INDEMNIFICATION:

You agree to release, indemnify and hold Kirks Folly, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees, costs and settlement costs), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Promotions and/or the Website; (b) your breach of this Agreement; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of Kirks Folly, its parent, subsidiaries and/or affiliates, and each of their respective officers, directors, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

LEGAL WARNING:

Any attempt by any individual, whether or not an entrant, to damage, destroy, tamper with or vandalize the Kirks Folly Website, or otherwise interfere with the operation of the Contest, is a violation of criminal and civil law and Kirks Folly will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.