Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES FOR WINNING.

1. ELIGIBILITY: The Suit Up At Kmart Photo Contest is open only to individuals who: (a) are legal residents of the fifty (50) United States and the District of Columbia and (b) are thirteen (13) years of age or older at the time of entry. Employees or contractors of Sears Holdings Corporation ("Company"), Votigo, Inc. ("Administrator"), or a competitor of Company or any of their respective affiliate companies, subsidiaries, agents, distributors, wholesalers, retailers, or advertising and promotional agencies, as well as the spouse, parents, siblings, children and household members of any such employee or contractor, are not eligible to win the Grand Prize or Finalist Prizes. Employees of Sears Holding Company are eligible to participate in the separate employee-only category. The Contest is subject to all federal, state/provincial, and local laws and regulations and is void outside of the U.S. and where prohibited by law.

2. SPONSOR: The Contest is sponsored by Sears Holdings Corporation, 3333 Beverly Road, Hoffman Estates, IL 60179 ("Sponsor").

3. AGREEMENT TO OFFICIAL RULES: Participation in the Contest constitutes your full and unconditional agreement to and acceptance of these Official Rules and the decisions of Sponsor, which are final and binding. Winning is contingent upon fulfilling all requirements set forth herein in a timely manner.

4. ENTRY PERIOD: The Contest begins on May 9, 2010 at 12:01 a.m. Eastern Time ("ET") and ends on June 12, 2010 at 11:59 p.m. ET (the "Entry Period").

5. ENTRY: Visit http://suitup.kmart.com and complete the online entry form. You must include on the entry form complete and accurate information, including your Email address, photo entry, entry name, description and all other information requested. Entries originating outside of the U.S. are ineligible. Online entry into the Contest must be completed in a single, continuous session during the Entry Period. Company employees entering the employee-only category must indicate they are an employee on the submission form and will be required to verify their employment. To qualify, your submission, in whole and in part, must:

  1. Include a photo of a person, or persons dressed in their best Ironman costume. Be creative.
  2. Not exceed 5MB and must be a jpg, .jpeg, or .gif format.
  3. Not include any other identifiable people or material in which a third party has intellectual property rights in any form or of any kind.
  4. Not, in the sole discretion of Sponsor, be obscene, indecent, offensive, violent, hateful, libelous or non-family friendly or contain any other content otherwise prohibited by law or inconsistent with the purposes of the Contest as described in these Official Rules and related materials..
  5. Be to specified size and quality. Any image not correctly prepared or suffering image degradation due to over-compression may be disqualified.
  6. Be made available in its original format upon request.

There is no limit on the number of original entries that you may submit, however, you may not submit the same entry more than once. No automated entry or voting devices or programs are permitted. Limit one account per person. You are solely responsible for the equipment and internet access required to enter or participate in the Contest. Sponsor reserves the right to, in its sole discretion, restrict participation in the Contest to any person at any time for any reason and/or to disqualify any entry at any time for any reason.

Any attempted entry by any means except as permitted in these Official Rules is void. Sponsor will not be responsible for lost, late, incomplete, stolen, misdirected, undelivered, delayed, inaccurate, garbled or illegible entries or materials or for any computer, telephone, cable, network, satellite, electronic or internet hardware or software malfunctions, failures, connections or availability, or for garbled or jumbled transmissions, or for service provider/Internet/Website/usenet accessibility or availability, traffic congestion, or unauthorized human intervention, or for inaccurate capture of any information, or the failure to capture any such information. Proof of submission will not be deemed to be proof of receipt by Sponsor.

6. WINNER SELECTION: By participating in the Contest, you agree that Sponsor and its subsidiaries and affiliates and each of their representatives, employees, agents and contractors have the right to (a) use, review, assess, evaluate, score, verify and judge your entry, publicly or otherwise, in any manner they elect, and (b) control or restrict voter qualification and the frequency and manner of voting. There will be three (3) rounds of voting and judging to determine the winners of the contest ("Winners"): Initial Public Voting Phase, Judging Phase and Final Public Voting Phase.

Initial Public Voting Phase: From May 9, 2010 at 12:01 a.m. ET to June 12, 2010 at 11:59 p.m. ET entries will be posted http://suitup.kmart.com. Individual members of the public registered at http://suitup.kmart.com will be invited to vote for entries online at http://suitup.kmart.com. Each eligible entry will be allowed one vote per registered user per day. The votes from the Initial Public Voting Phase will be used the Judges as part of the criteria to determine the Finalists.

Judging Phase: From June 13, 2010 - June 15, 2010 a panel of qualified judges ("Judges") will review and evaluate all eligible submissions based on the following criteria to determine the ten (10) Finalists:

  1. Creativity and Originality - 50%
  2. Representation of the contest theme - 25%
  3. - Public votes from the Initial Public Voting Phase based on the average daily votes for each entry. Average daily votes are calculated by dividing the total votes for an entry by days the entry was live on the site at the end of the Initial Public Voting Phase. - 25%

Final Public Voting Phase: From June 16, 2010 at 12:01 a.m. ET to June 26, 2010 at 11:59 p.m. ET Finalist entries will be posted at http://suitup.kmart.com for members of the public registered at http://suitup.kmart.com to vote. Each eligible entry will be allowed one vote per registered user per day. The entry with the most votes at the end of the Final Public Voting Phase will be the Grand Prize Winner.

Employee Category Winner Selection: The winner of the employee category will be the employee entry with the most votes from the Initial Public Voting Phase.

7. PRIZES: ONE (1) GRAND PRIZE: Grand Prize winner will receive a 4 day/3 night trip for two (2) to London to visit the movie set of Captain America. Trip includes roundtrip airfare coach class) for the winner and guest from the major airport closest to the winner's home to the destination city, 3 nights' hotel accommodations (based on double occupancy) $500 spending money & a tour of the Captain America set in London. Winner will be responsible for transportation to/from the hotel/winner's home. Approximate Retail Value: $4,500 U.S. TEN (10) FINALIST PRIZES: Iron Man Gift Packs. Approximate Retail Value: $75 U.S. each. ONE (1) EMPLOYEE PRIZE: $500 Kmart Gift Card. Approximate Retail Value: $500 U.S. Prize is nontransferable and non-refundable and must be accepted as awarded. No cash or other substitution may be made, except by Sponsor, who reserves the right to substitute a prize with another prize of equal or greater value if the prize is not available for any reason as determined by Sponsor in its sole discretion. Employee Prize is taxable wage income to Employee and will include an additional 35% cash tax gross-up which is intended to offset some but not necessarily all taxes due, and which, along with the value of the Employee Prize, will be added to Employee's W-2 wages for the period in which the prize is awarded. Employee must be employed at time of winner announcement.

8. REQUIREMENTS OF THE POTENTIAL WINNER: Except where prohibited, potential winners will be required to complete and return an affidavit of eligibility (including a declaration of compliance with these Official Rules), a Form W-9 (for tax reporting purposes), a comprehensive liability waiver and publicity release and for the Grand Prize Winner and travel companion a travel release form, within seven(7) ) days of the date of notification. If the Grand Prize Winner is a minor in his/her state of residence, the prize may be awarded, subject to applicable law, in the name of, or to, the Winner's parent/legal guardian who must execute all documents and agree to all obligations and undertakings of the Winner, both on behalf of himself/herself and Winner, and must accompany Winner on the trip as the guest. Potential winner may also be required to complete additional liability waivers required by third party service providers. Such liability waivers will prevent you and your successors from bringing a lawsuit or other action against any released party, including without limitation Sponsor and its subsidiaries, affiliates, and third party service providers, and will prevent you from recovering money damages or other legal relief from any released party. Grand Prize Winner and travel companionmust be available to travel between July and October 2010 and must possess valid travel documents (i.e., valid photo ID, valid passport, visa, etc.) in order to travel.

9. GENERAL CONDITIONS: Sponsor reserves the right to cancel, suspend, and/or modify the Contest if any fraud, virus or other technical problem corrupts the administration, security, or proper play of the Contest, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to select a winner from among the eligible entries received up to the time of the impairment or Sponsor's identification of the impairment. Sponsor reserve the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to 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 from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to any online entry, the authorized account holder of the e-mail address used to enter 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. All activity arising out of and relating to the Contest is subject to verification and/or auditing for compliance with the Official Rules and you agree to cooperate with Sponsor concerning verification and/or auditing. All references to an entrant's status as a "winner" are subject to Sponsor verification and/or auditing. If verification activity or an audit evidences non-compliance of an entry or entrant with the Official Rules as determined by Sponsor in its sole discretion, Sponsor reserves the right to disqualify the entrant and remove the entry from the Contest at any time.

10. PUBLICITY: Except where prohibited, by participating in the Contest and regardless of whether you are a winner, you grant Sponsor and its subsidiaries, affiliates, and licensees an exclusive, irrevocable license to use, alter adapt, publish, distribute, copy, exhibit, display, market, promote, advertise, publicize and otherwise exploit your entry, including your name, signature, photograph, likeness, photograph(s), written and other entry materials, as well as additional photographs, video footage or other images that Sponsor may take of you if you are the winner, in whole or in part, in any manner and for whatever purpose Sponsor shall elect, in any and all languages, and in any and all media now known or hereinafter developed, including but not limited to, website, television, radio and/or printed materials, worldwide in perpetuity, without further compensation, notification or permission. You shall not claim or be entitled to receive any compensation or credit for such use.

11. PRIVACY: All personal information submitted by you as part of this Contest will be treated in accordance with Sponsor's Privacy Policy (accessible from [company URL]) and Administrator's Privacy Policy (accessible from URL), except as otherwise described in these Official Rules and Contest materials. By participating in the Contest, you acknowledge and agree that all information and material, including any personal information provided in your entry materials, affidavits, and releases, will be shared with Sponsor's agents, representatives, and other third parties involved in the execution, administration, or hosting of the Contest, and may be further publicized as described above. In the event of any conflict between these Official Rules and the terms of Sponsor's Privacy Policy, these Official Rules shall govern.

12. LIMITATIONS OF LIABILITY; DISCLAIMERS/RELEASE: The Released Parties are not responsible for: (a) any inaccurate information, whether caused by entrants or printing errors; (b) unauthorized human intervention in any part of the Contest; (c) technical failures of any kind, including, but not limited to electronic malfunctioning of any network, hardware or software; (d) technical or human error which may occur in the administration of the Contest or the processing of entries; (e) lost, delayed, misdirected, or undeliverable mail; or (f) any injury or damage to persons or property including, but not limited to, death, which may be caused, directly or indirectly, in whole or in part, from your participation in the Contest or receipt of any prize.

SPONSOR AND ITS SUBSIDIARIES, AFFILIATES, AGENTS, DISTRIBUTORS, RETAILERS, AND ALL OF THEIR RESPECTIVE ADVERTISING AND PROMOTIONAL AGENCIES, REPRESENTATIVES, EMPLOYEES, CONTRACTORS, OFFICERS, DIRECTORS, AND AGENTS (COLLECTIVELY, THE "RELEASED PARTIES") EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND (WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE), INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RELEASED PARTIES SHALL NOT BE LIABLE OR RESPONSIBLE FOR THOSE GUARANTEES OR WARRANTIES MADE OR OFFERED BY ADVERTISERS, PARTNERS, MANUFACTURERS OR SUPPLIERS, INCLUDING THOSE RELATED TO THE PRIZE. UNDER NO CIRCUMSTANCES SHALL RELEASED PARTIES BE HELD RESPONSIBLE OR LIABLE FOR YOUR USE OF THE INFORMATION AND/OR PRODUCTS PROVIDED AND/OR MADE AVAILABLE THROUGH THE Contest OR FOR ERRORS OR ANOMALIES RESULTING IN THE UNINTENDED OR ERRONEOUS PARTICIPATION, AWARD OF PRIZE OR OTHER BENEFITS UNDER THESE OFFICIAL RULES. RELEASED PARTIES OFFER NO ASSURANCES, GUARANTEES OR WARRANTIES THAT THE Contest OR RELATED WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE AND DO NOT GUARANTEE THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE Contest. RELEASED PARTIES WILL NOT BE LIABLE, AND ARE NOT RESPONSBLE, FOR DAMAGES OF ANY KIND RELATED TO YOUR PARTICIPATION IN OR INABILITY TO PARTICIPATE IN THE Contest, WHETHER THE DAMAGES ARE DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL.

BY ENTERING THE Contest AND/OR ACCEPTING A PRIZE, YOU AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE FOR, AND WILL BE HELD HARMLESS BY YOU AGAINST, ANY LIABILITY FOR ANY DAMAGE, INJURY OR LOSS TO PERSON (INCLUDING DEATH) OR PROPERTY RELATED IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, TO ACCEPTANCE, POSSESSION, USE OR MISUSE OF PRIZE, PARTICIPATION IN ANY PRIZE-RELATED ACTIVITY, USE BY A RELEASED PARTY OF ANY ENTRY, PARTICIPATION IN THE Contest, OR ANY OTHER CLAIM OR CAUSE OF ACTION YOU MAY HAVE AGAINST A RELEASED PARTY.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.

13. DISPUTES: Sponsor reserves the right to make all decisions in its sole discretion arising out of or relating to the Contest, and the decisions by Sponsor are final and binding on all matters relating to the Contest. Except where prohibited, you agree that: (a) any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of 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 Contest, but in no event attorneys' fees; and (c) notwithstanding the foregoing, you waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the United States of America and 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 State of Illinois. By participating in the Contest, you agree that Illinois will be the exclusive forum for any formal dispute resolution.

14. OFFICIAL RULES AND WINNERS LIST: A copy of these Official Rules and a list of winners will be posted on http://suitup.kmart.com. Winners will be announced or about July 6, 2010.