Kenmore "Crazy Cleaning Confessions"
2009 OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN
- Eligibility: Kenmore Crazy Cleaning Confessions (the "Contest") is open only to legal residents of the forty-eight (48) contiguous United States (including District of Columbia) who are at least twenty-one (21) years old at time of entry and who did not purchase any products, services or equipment for the purposes of entering this Contest. Excludes Alaska, Hawaii and Puerto Rico. Employees of Sears Holdings Corporation, Sears, Roebuck & Co., YouTube, LLC, ePrize, LLC, and any of their parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Contest is subject to all applicable federal, state, and local laws and regulations. Void in Alaska, Hawaii, Puerto Rico and where prohibited.
- Sponsor: Sears, Roebuck & Co., 3333 Beverly Rd., Hoffman Estates, IL 60179. Administrator: ePrize, LLC, One ePrize Drive, Pleasant Ridge, MI 48069.
- Agreement to Official Rules: Participation in this Contest constitutes entrant full and unconditional agreement to these Official Rules and Sponsor and Administrator decisions, which are final and binding in all matters related to this Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
- Timing: The Contest begins on July 29, 2009 at 12:01 a.m. Eastern Time ("ET"), ends on October 1, 2009 at 11:59 p.m. CT (the "Contest Period") and consists of three (3) phases as set forth in the chart below.
- How to Enter: During the Submission Phase, visit http://www.youtube.com/kenmore and follow the links and instructions to create or log in to your YouTube account (the "Account"). Creating an Account is free. Once logged into your Account, follow the links and instructions to upload one (1) video portraying your crazy cleaning confession in order to receive one (1) entry into the Contest (the "Submission"). By uploading your Submission, you agree that your Submission conforms to the Submission Guidelines and Content Restrictions as defined below (collectively, the "Guidelines and Restrictions") and that Sponsor, in its sole discretion, may remove your Submission and disqualify you from the Contest if it believes, in its sole discretion, that your Submission fails to conform to the Guidelines and Restrictions.
Submission Guidelines:
- The Submission must be between thirty (30) seconds and three (3) minutes in length;
- The Submission must be in a format and size acceptable by YouTube (see http://www.google.com/support/youtube/bin/answer.py?hl=en&answer=55744 for a list of acceptable formats and file sizes); and
- The Submission cannot have been submitted previously in a promotion of any kind or exhibited or displayed publicly through any means.
Content Restrictions:
- The Submission must not contain material that violates or infringes another rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
- The Submission must not disparage Sponsor, Administrator or any other person or party affiliated with the promotion and administration of this Contest;
- The Submission must not contain brand names or trademarks other than Sponsor's mark, which entrant has a limited license to use for the sole purpose of creating and uploading a Submission in this Contest;
- The Submission must not contain text, footage, images, music or artwork not created by entrant;
- The Submission must not contain material that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous;
- The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
- The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where Submission is created.
For All Submissions: Limit: You may enter up to three (3) times during the Submission Phase. Submissions generated by script, macro or other automated means are void. The person who creates the Account will be deemed to be the entrant. Entrant must have permission from all individuals that appear in the Submission (if any) to use their name and likeness in the Submission and to grant the rights set forth herein. If requested by Sponsor, entrant must be able to provide such permissions in a form acceptable to Sponsor. In the event there is a conflict between the YouTube Terms and Conditions and these Official Rules with regard to this Contest, these Official Rules shall prevail. Uploading a Submission constitutes entrant consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If necessary, entrant will sign any necessary documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Submission. Released Parties (as defined in Section 10, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, unintelligible, garbled, delayed or misdirected Submissions; all of which will be void.
In the event of a dispute as to any Submission, the authorized account holder, at time of entry, of the email address used to register for the YouTube Account will be deemed to be the entrant and must comply with these Official Rules. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. The entrant may be required to show proof of being the authorized account holder. - Winner Determination: Winners will be determined according to the process set forth below.
(a) Judging Phase: During the Judging Phase, a panel of qualified judges determined by Sponsor in its sole discretion will select the ten (10) highest scoring Submissions (the "Finalists") from among all eligible Submissions based on the following criteria ("Judging Criteria"):- Creativity (33%);
- Quality (33%); and
- Fit to Contest theme of describing your crazy cleaning confession by showing the extreme measures you take to get your laundry or dishes clean ("Fit to Contest Theme") (34%)
(b) Voting Phase: During the Voting Phase, the FinalistsSubmissions will be posted in an online gallery for public voting at http://www.youtube.com/kenmore. Persons who meet the eligibility criteria as set forth in Section 1 and who have a YouTube Account will be invited to vote for the Submission they believe is best. Limit: Each voter may vote one (1) time per day during the Voting Phase. Multiple votes received within the same day from any person or email address after the first vote received from that person or email address will be void. Finalists are prohibited from obtaining votes by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to members of the public, as determined by Sponsor in its sole discretion. Subject to the Finalist compliance with these Official Rules, the Finalist whose Submission receives the highest number of valid votes during the Voting Phase will be deemed the potential Grand Prize winner; the Finalist whose Submission receives the second highest number of valid votes the potential First Prize winner; and the Finalist whose Submission receives the third highest number of valid votes the potential Second Prize winner. In the event of a tie for any prize, the entrant whose Submission received the highest score in the Fit to Contest Theme category, as determined by the qualified judges in their sole discretion, will be deemed the applicable prize winner. Sponsor reserves the right to award fewer than the stated number of prizes, if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Submissions. Sponsor also reserves the right, in its sole discretion, to select an alternate potential winner for any prize via an application of the Judging Criteria should the voting appear to have been tampered with or manipulated in any way.
For the Voting Phase: Multiple voters are not permitted to share the same email address or Account. Any attempt by any voter to submit more than the stated number of votes by using multiple/different email addresses, Accounts, identities or any other method will void that voter Submission(s) (if any) and votes and he/she will be disqualified from further participation in the Contest. Use of script, macro or any other automated system to vote is prohibited and all such votes will be void. Released Parties (as defined in Section 9, below) are not responsible for lost, late, incomplete, garbled, delayed, invalid, unintelligible or misdirected votes, which will be void. In the event of a dispute as to any vote, the authorized account holder of the email address used to vote will be deemed to be the voter. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. - Winner Requirements: Potential winners will be notified via the Account each used to upload a Submission on or around October 12, 2009. Each potential winner will be required to execute and return to Administrator, within ten (10) days of the date notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release ("Affidavit") in order to claim his/her prize. If a potential winner cannot be contacted within a reasonable time period, fails to execute and return the Affidavit within the required time period, is not in compliance with these Official Rules, or prize or prize notification is returned as undeliverable, such potential winner forfeits the prize. If a potential winner is disqualified for any reason, the prize may be awarded to the person whose Submission received the next highest number of votes during the Voting Phase, if any, at Sponsor sole discretion. Only three (3) alternate winners may be selected through this process, after which the applicable prize will remain un-awarded. Acceptance of any prize shall constitute and signify winner agreement and consent that Sponsor and its designees may use the winner name, city, state, likeness, photo, Submission and/or prize information in connection with the Contest for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. Without limiting the generality of these Official Rules, winner shall irrevocably grant, transfer, convey and assign to Sponsor the entirety of the rights in and to the Submission and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the Submission for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity. Each winner accepts and acknowledges that Sponsor shall not be obligated to use the Submission and that Sponsor in its sole discretion shall have the right to refrain from using the Submission. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. Winner will indemnify Sponsor, Released Parties (as defined in Section 9, below) and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms. Prizes will be fulfilled approximately eight (8) to ten (10) weeks after the conclusion of the Contest.
- Prizes: ONE (1) GRAND PRIZE: A Kenmore "High Efficiency" Front Load Washer and Dryer Pair with storage pedestals. Approximate Retail Value ("ARV"): $3,174.98.
ONE (1) FIRST PRIZE: A Kenmore Oasis "High Efficiency" Laundry Pair. ARV: $2,554.98.
ONE (1) SECOND PRIZE: A Kenmore "UltraWash High Efficiency" Dishwasher. ARV: $1,709.98.
For All Prizes: The ARV of appliances is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed. Once confirmed, each winner must visit a Sears retailer selected by Sponsor in its sole discretion to coordinate delivery for the winner's respective prize. Each winner must coordinate delivery within thirty (30) days of the date he/she receives specific redemption instructions from Sponsor, or prize will be forfeited and will remain un-awarded. Prizes include standard installation. Prizes are non-transferable and no substitution or cash redemption will be permitted unless Sponsor, in its sole discretion, determines otherwise. Sponsor reserves the right to substitute a prize with one of comparable or greater value, at its sole discretion. Winners are responsible for all federal, state and local taxes and any other costs, expenses or fees associated with prize acceptance and/or use not specified herein as being provided. All winners will be required to file a 1099 form for the value of the prize received at the end of the taxable year. Limit: One (1) prize per person. All prize details are at Sponsor sole discretion. - Release: By participating, entrant agrees to release and hold harmless the Sponsor, Sears Holdings Corporation, YouTube, LLC, Administrator and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company officers, directors, employees and agents (collectively, the "Released Parties") from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize.
- General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. If terminated Sponsor may, in its sole discretion, determine the winners from among all non-suspect, eligible Submissions received up to time of such action using the judging procedure outlined above. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the Submission process or the operation of the Contest or to be acting in violation of these Official Rules or those of any other promotion or in an unsportsmanlike or disruptive manner and void all associated Submissions. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneysfees) from any such person to the fullest extent permitted by law. Sponsor failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
- Limitations of Liability: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Submission process or the Contest; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing or judging of Submissions or votes or the tabulating of votes, the announcement of the prizes or in any Contest-related materials; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant participation in the Contest or receipt or use or misuse of any prize (including any travel/activity related thereto). Released Parties are not responsible for misdirected or undeliverable Submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third party use of any Submission.
- Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneysfees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Michigan without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.
- Entrant's Personal Information: Information collected from entrant is subject to ePrize, LLC Privacy Policy and Sponsor Privacy Policy.
- Winner List: Winner List requests will only be accepted after the promotion end date (listed above) and no later than February 1, 2010. For the Winner List, send an email with subject line: "Kenmore Crazy Cleaning Confessions, Winner List Request," to WinListRequests@eprizefulfillment.com.
| Phase | Starts at 12:01 a.m. ET | Ends at 11:59 p.m. ET |
| Submission | July 29, 2009 | September 6, 2009 |
| Judging | September 7, 2009 | September 10, 2009 |
| Voting | September 11, 2009 | October 1, 2009 |
YouTube, LLC's computer is the official time-keeping device for the Contest.
2009 ePrize, LLC. All rights reserved.




