SEARS HOME SERVICES ULTIMATE KENMORE KITCHEN GIVEAWAY 2024 OFFICIAL RULES

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. Void in Alaska, Hawaii, where prohibited by law, and outside the United States. Subject to all federal, state, and local laws, regulations, and ordinances. 

PARTICIPATION IN THE PROMOTION REQUIRES ACCEPTANCE OF THESE OFFICIAL RULES, WHICH INCLUDE A CLASS ACTION WAIVER. IF YOU DO NOT AGREE TO THESE OFFICIAL RULES, YOU MUST NOT PARTICIPATE IN THE PROMOTION.

1. Eligibility. The Sears Home Services Ultimate Kenmore Kitchen Giveaway 2024 Promotion (“Promotion”) is open to legal U.S. residents currently residing in the 50 United States (and D.C.) (excluding Alaska and Hawaii) who are 18 years old or the age of majority in their jurisdiction of residence (19+ in AL/NE; 21+ in MS), whichever is older, at the time of entry (“Entrant”). Employees, officers, and directors of Transform Sears Home Services LLC (“Sponsor”) or any of its parents, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies, website providers, web masters (collectively, “Promotion Entities”), and members of their immediate families (spouses, parents, siblings and children, regardless of where they live) and those living in the same household are not eligible to enter or win. Participation constitutes Entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein. Sponsor reserves the right to verify the eligibility of winners.

2. Promotion Description. The Promotion will consist of two (2) separate and distinct sweepstakes: (a) Kenmore Kitchen Giveaway One and (b) Kenmore Kitchen Giveaway Two (each, a “Sweepstakes”), each with its own entry period (each, a “Sweepstakes Entry Period”), random drawing (each, a “Drawing”), set of prizes (each, a “Prize”), and potential winners (each, a “Potential Winner”). 

3. Entry Period. Each Sweepstakes has its own Sweepstakes Entry Period as follows: 

• Kenmore Kitchen Giveaway One begins on March 13, 2024 at 12:00 a.m. Eastern Time (“ET”) and ends on March 31, 2024 at 11:59 p.m. ET.  

• Kenmore Kitchen Giveaway Two begins on April 3, 2024 at 12:00 a.m. ET and ends on April 30, 2024 at 11:59 p.m. ET.

Sponsor’s computer is the official time keeping device for this Promotion.

4. How to Enter: Sweepstakes participation requires (a) access to the internet and (b) a valid Sears’ Shop Your Way loyalty program account (“SYW Account”) which includes a complementary participation in the Sears Home Advantage Membership program (“SHA Membership”). It is free to sign up and create a SYW Account, and there are no fees associated with the SHA Membership. Once you create a SYW Account, you will automatically be enrolled in the SHA Membership program. SYW Account and SHA Membership are subject to terms and conditions, which are available at the following link: https://searshomeadvantage.shopyourway.com/legal/terms-and-conditions-shop-your-way-program. To create a SYW Account, following this link: https://searshomeadvantage.shopyourway.com/sha/login, and follow the prompts to complete the onboarding process. Internet access, phone, and usage charges imposed by your online or mobile service provider(s) may apply.  

The method of entry for each Sweepstakes is the same. Please note that each Sweepstakes must be entered separately. Entry into one Sweepstakes does not constitute entry into the other Sweepstakes. 

To enter each Sweepstakes, during the applicable Sweepstakes Entry Period, visit https://www.shs.com/kenmoregiveaway and complete the online entry form (“Entry Form”) in its entirety. Entrant must provide all required information, consent to receive marketing texts and calls, and answer all questions on the Entry Form (including providing information regarding Entrant’s current kitchen appliances) to be eligible to enter and win. Upon completion and submission of Entry Form, Entrant will receive one (1) entry (“Entry”) into the applicable Sweepstakes. LIMIT ONE (1) ENTRY PER PERSON PER SWEEPSTAKES. ADDITIONAL ENTRIES SUBMITTED BY THE SAME PERSON WILL BE DISQUALIFIED.

Entries must be submitted by Entrant. Automated or bulk Entries or Entries submitted by third parties will be disqualified. Any attempt by any Entrant to obtain more than the stated number of Entries by using multiple and/or different identities, forms, registrations, email addresses, login, or any other methods will void that Entry, and Entrant may be disqualified at Sponsor’s discretion.

In the event of a dispute as to the identity of an Entrant, the authorized account holder of the email address used to enter the Sweepstakes will be deemed to be the Entrant. 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. Sponsor, at its discretion, may require potential winner(s) to show proof of being the authorized account holder. Failure to do so may result in forfeiture of prize. If a dispute cannot be resolved to Sponsor’s reasonable satisfaction, the Entry will be deemed ineligible. Sponsor shall not be responsible for lost, misdirected, misplaced, stolen, tampered with, deleted, or invalid Entries or any expenses incurred in the creation and submission of any Entry.

Sponsor and Sponsor’s agents, affiliates, subsidiaries, representatives, or service providers may use personal information submitted with Entry for purposes of prize fulfillment and/or for future marketing by Sponsor, such as to notify them of a product or promotion that Sponsor thinks may be of interest. Sponsor will not sell personal information submitted with Entry.

5. Selection and Notification of Winners. One (1) Potential Winner will be selected for each Sweepstakes in a Drawing to be held on the applicable dates (each a “Drawing Date”) , as outlined in the chart below.  

Drawings for each Sweepstakes will be conducted by Sponsor or Sponsor’s designee from among all eligible Entries received during the applicable Sweepstakes Entry Period. The odds of winning depend on the number of eligible Entries received during the applicable Sweepstakes Entry Period.

Potential Winners will be notified by email to the email address submitted on the Entry Form within two (2) days following the applicable Drawing Date. It is an Entrant’s responsibility to monitor their email inbox to see if they are a Potential Winner. Sponsor is not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify Potential Winners. If Sponsor is unable to contact a Potential Winner, or a Potential Winner has not responded within 72 hours of the initial notification, is not in compliance with these Official Rules, or declines to accept the Prize for any reason prior to award, such Prize will be forfeited and, in Sponsor’s discretion, an alternate winner may be selected in a random drawing from among all remaining eligible Entries. Up to three (3) alternate drawings will be held, after which any remaining prize will remain un-rewarded.

Except where prohibited, a Potential Winner must sign and return a Declaration of Eligibility and a Liability and Publicity Release to claim his/her Prize. Each Potential Winner will also be required to provide a valid U.S. postal address where the Prize can be shipped. Failure to return any required document by the date requested will deem the Potential Winner ineligible, and their prize will be forfeited.

ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. A POTENTIAL WINNER IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL THEIR ELIGIBILITY HAS BEEN VERIFIED AND THEY HAVE BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.

6. Prize. There will be one (1) Prize awarded in each Sweepstakes. The Prize consists of a set of Kenmore kitchen major appliances and several smaller appliances, including:

• Refrigerator

• Range

• Countertop Microwave

• Dishwasher

• Toaster

• Blender

• Stand Mixer

• Air Fryer

• Griddle

• Cookware Set

• Cutting Board 

• Knife Set

The approximate retail value (“ARV”) of each Prize is $4,963 USD. Any difference between ARV and actual value of Prize will not be awarded.

The actual value of the Prize awarded may be taxable as income, and any applicable federal, state, and local taxes and all fees and expenses related to acceptance and use of Prize not specifically stated herein are the sole responsibility of the individual Prize winner. Winner will be required to provide Sponsor with a valid social security number or tax identification number, as required by applicable law, for tax reporting purposes before the Prize will be awarded. Because the value of the Prize exceeds $600, Sponsor must report the value to the Internal Revenue Service (“IRS”) and will issue an IRS Form 1099 to the winner for the actual value of the Prize received.

Prize cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsor reserves the right to make equivalent prize substitutions at its sole discretion. Sponsor will not replace any lost or stolen prizes. Prizes cannot be used in conjunction with any other Sweepstakes or offer. 

All Prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. Sponsor will provide Entrants with reasonable notice of any change to the Prize details. Unclaimed prizes will be forfeited.

7. General Conditions. This Promotion is governed by the laws of the United States. Sponsor reserves the right to cancel, suspend, and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures, or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. Sponsor and its agencies are not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible entries; lost, interrupted, or unavailable network, server, or other connections, garbled transmissions or miscommunications, telephone transmission problems; computer or software malfunctions or damage to a user’s computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. Proof of sending or submission of Entry will not be deemed proof of receipt by Sponsor. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

8. WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THE PROMOTION OR A SWEEPSTAKES OR TO UNDERMINE THE LEGITIMATE OPERATION THEREOF MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, any website associated with the Promotion or Sweepstakes, and/or the legitimate operation of the Promotion or Sweepstakes; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. If, for any reason, a Sweepstakes is not capable of running as planned, Sponsor may, in its sole discretion, void any suspect entries and (a) modify the Sweepstakes or suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; or (b) award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment.

9. Limitation of Liability; Releases. By participating in a Sweepstakes, Entrant agrees that Sponsor and its affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, web masters, and their respective officers, directors, employees, representatives and agents (“Released Parties”) are not responsible for: (a) any incorrect or inaccurate information, whether caused by Entrant, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Sweepstakes; (d) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (e) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize. 

No more than the stated number of prizes will be awarded. In event that production, technical, seeding, programming or any other reason causes more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims. 

EXCEPT WHERE PROHIBITED BY LAW, BY PARTICIPATING IN A SWEEPSTAKES, ENTRANT AGREES THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANT AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THE SWEEPSTAKES OR IN ANY SWEEPSTAKES-RELATED ACTIVITY,  INCLUDING  ACCESS  TO  AND  USE  OF  A  SWEEPSTAKES ENTRY SITE OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO TRAVEL CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, ACTUAL OR THREATENED PUBLIC HEALTH CRISES (INCLUDING, WITHOUT LIMITATION, EPIDEMICS AND PANDEMICS AND GOVERNMENT DIRECTIVES RELATED THERETO), WEATHER, OR TERRORISM.

WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THE PROMOTION AND SWEEPSTAKES, INCLUDING THE WEBSITE AND ALL PRIZES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

EXCEPT WHERE PROHIBITED BY LAW, WINNERS GRANT TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR), ITS SUBSIDIARIES, AFFILIATES, RETAILERS, DISTRIBUTORS, ADVERTISING AND SWEEPSTAKES AGENCIES, SUPPLIERS, AND THOSE ACTING PURSUANT TO ITS AUTHORITY, THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING, BUT NOT LIMITED TO, THE WORLD WIDE WEB, AT ANY TIME OR TIMES, EACH WINNER’S NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, AND BIOGRAPHICAL INFORMATION FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION.

10. Dispute Resolution. Except where prohibited by applicable law, Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with the Promotions or a Sweepstakes 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 Northern District of Illinois or the appropriate State Court located in Cook County, Illinois; (b) any and all 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 attorneys’ fees; and (c) 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 Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Illinois, without giving effect to any choice of law or conflict of law rules (whether of the State of Illinois or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Illinois.

11. Privacy: Any information sent to, shared with, or collected by Sponsor in connection with the Promotion or a Sweepstakes shall be subject to Sponsor’s Privacy Policy, available at https://www.searshomeservices.com/privacy. Sponsor and Sponsor’s agents, affiliates, subsidiaries, representatives, or service providers may use Entrant’s personal information submitted with entry for purposes of prize fulfillment and/or for future marketing by Sponsor, such as to notify them of a product or Sweepstakes that Sponsor thinks may be of interest.

12. Official Rules and Winners List. Official Rules may be found by visiting www.kenmoregiveway.com. For a list of winners, available after May 15, 2024, send a stamped, self-addressed envelope for receipt by August 15, 2024 to Transform Sears Home Services Legal Department, 5407 Trillium Blvd, S. B120, Hoffman Estates, IL 60192, Attn:  Sweepstakes Winner List.

13. Sponsor. Transform Sears Home Services LLC, 5407 Trillium Boulevard Suite B120, Hoffman Estates, IL 60192.

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