JCPenney Portraits Unhinged Holiday Sweepstakes (the “Promotion”)
OFFICIAL RULES (the “Official Rules”)
BY ENTERING (OR OTHERWISE PARTICIPATING IN) THE PROMOTION, ENTRANTS AGREE TO THESE OFFICIAL RULES, WHICH ARE A BINDING CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE RELEASEES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
To enter:
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Limit one entry per TikTok handle. Sponsor JCPenney Portraits may not receive entries that fail to strictly follow the posting instructions set forth in these Official Rules and Sponsor JCPenney Portraits is not responsible for failure to see or receive an entry. NOTE: Sponsor JCPenney Portraits may not receive entries from TikTok users with “private” account settings (i.e., user has set their TikTok account so that only people the user has approved can view their account or content) due to the way TikTok operates its service. Sponsors, at their discretion, may accept a technically incorrect unique term. Messages not received by Sponsors will not be entered into the Promotion. By including the hashtag “#JCCPsweepstakes” in the Promotion Post, Entrants are confirming their acceptance and agreement to these Official Rules. Entries must be received during the Promotion Period to be eligible. Any use of automated, robotic, macro, programmed or similar quick-entry programs, or attempts to exceed the maximum number of entries permitted, is prohibited and will result in disqualification. Winner(s) may be required to show proof of being the registered account holder. In case of dispute, entries will be declared made by the authorized account holder of the TikTok account used to enter to Promotion. “Authorized account holder” is defined as the natural person who is assigned to the TikTok account by TikTok. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsors’ satisfaction, the affected entry will be deemed ineligible. Neither Sponsors will verify receipt of entries. Entries become property of Sponsors and will not be returned. Those who do not follow all of the instructions, or abide by these Official Rules or other instructions of Sponsors may be disqualified. All Entrants submitting materials/content as part of the Promotion will be non-exclusively licensing (with the unlimited right to sublicense) to Sponsors the right to use such materials, and the images related thereto (including Entrant’s name, social media account username and likeness), for any purpose (including any and all commercial purposes) with the right to modify the materials and make derivative works thereof. Entrants represent and warrant that the materials submitted will not infringe or violate any right whatsoever, including, without limitation, any personal rights (e.g., defamation, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, right to ideas, etc.) of any person or entity and the use thereof will result in no third party liability or obligations. The Sponsors may run multiple campaigns, contests, sweepstakes or other promotions simultaneously. Entry into one (1) campaign, contest or sweepstakes does not constitute entry into any other. Any Entrant posting or submitting content with obscene or other inappropriate material may be disqualified by Sponsors, in their sole and absolute discretion. Entries become property of Sponsors and will not be returned.
Sponsor reserves the right in its sole discretion to disqualify from the Sweepstakes any entrant whose Entrant Content refers, depicts, or in any way reflects negatively upon a Released Party, the Sweepstakes, or any other person or entity or does not comply with any provision of these Official Rules (including the above Submission Requirements), all as determined by Sponsor in its sole discretion.
Total approximate retail value (ARV) for Prize: US $959.80 ($239.95 per Session). Odds of winning will be determined by the number of eligible entries received. Prize will be awarded if properly claimed.
*Photography Sessions must be completed by December 31, 2026. Prize components (Photography Sessions, Session Fees and Digital Album) are subject to all associated terms and conditions imposed by retailer. Prize is non-transferable, non-exchangeable and not redeemable for cash. Sponsor reserves the right to substitute Prize for one of equal or greater value if designated Prize should become unavailable for any reason, or for any other reason in Sponsors’ sole discretion. Sponsors makes no representations or warranties with respect to Prize. Any other costs or expenses associated with the Prize will be the responsibility of selected winner(s). Prize winner(s) are responsible for all federal, state, or local taxes associated with Prize acceptance. The ARV of the Prize is based on available information provided to Sponsors and the value of any prize awarded to a winner may be reported for tax purposes as required by law. The winner(s) may be required to provide Sponsor with a valid social security number or tax identification number before the Prize will be awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name of winner(s) for the actual value of the Prizes received. An unclaimed Prize will be forfeited. Prize, if legitimately claimed, will be awarded. Sponsors are not responsible for and will not replace any lost, mutilated or stolen Prizes or any Prize that is undeliverable or does not reach a winner because of an incorrect or changed address. If a winner does not accept or use the entire Prize, the unaccepted or unused part of the Prize will be forfeited and Sponsors will have no further obligation with respect to that Prize or portion of the Prize. No more than the stated Prize will be awarded. All Prize details not specified in these Official Rules will be determined in Sponsors’ sole and absolute discretion. Prize details and availability are subject to change and Prize provider’s rules and restrictions, and in the event that Sponsors are unable to provide a winner with his or her Prize, the Sponsors may elect to provide winner(s) with the approximate value of such item in cash or award an alternate prize of comparable or greater value in Sponsors’ sole discretion. In the event a Prize winner engages in behavior that (as determined by Sponsors or any prize provider in its or their sole and absolute discretion) is obnoxious, inappropriate, or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsors reserve the right to disqualify the potential winner from receiving or fulfilling their Prize. The Prize is awarded “AS IS” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). Sponsors are not responsible for and winner will not receive the difference, in any, between the actual value of the Prize at the time of award and the stated ARV in these Official Rules or in any Promotion-related correspondence or material.
Sponsor JCPenney Portraits will notify potential winner by direct message to the TikTok account associated with the winning entry within 24 hours following the drawing. Within 24 hours of notification, potential winner must respond to with the requested information and/or answers. Within 24 hours of any subsequent correspondence from Sponsors, potential winner must complete, execute and return to Sponsors any tax form, affidavit, waiver, release, indemnity agreement, and/or any additional documents required by Sponsors in Sponsors’ sole discretion.
If a potential winner does not respond to the direct message and submit documentation as instructed within the required periods of time set forth above, cannot be contacted, participates in unfair play, or fails to otherwise comply with these Official Rules, then Sponsors may, in their discretion, disqualify the potential winner and select an alternate potential winner. Return of Prize or Prize notification as non-deliverable may result in disqualification and in the forfeiture of any right to a Prize, and in selection of an alternate potential winner.
Only one (1) total alternate potential winner will be identified and attempted to be awarded, after which the Prize will remain unawarded, will revert back to Sponsor(s), and Sponsors will have no further obligation with regard to attempting to award the Prize in this Promotion. All notification requirements, as well as other requirements within these Official Rules, will be enforced. Potential winner(s) are subject to verification by Sponsors or Sponsors’ agent, whose decisions are final and binding in all matters related to the Promotion. A potential winner or alternate potential winner is not a winner of the Prize unless and until Entrant’s eligibility has been verified and Entrant has been notified that verification is complete.
Submission of entries and information collected from Entrants is subject to the Sponsors’ Privacy Policy. For further information about Sponsors’ privacy practices, please see Sponsors’ Privacy Policy at: https://lifetouch.com/privacy/.
Entrant agrees that by participating, Entrants releases the Released Parties from any liability in connection with: a) Entries that are ineligible as a result of being lost, late, illegible, damaged, incomplete, stolen, postage due, or misdirected: b) Any typographical or other human or technical errors in the offer or administration of the Promotion, including but not limited to errors in advertising, these Official Rules, the selection and announcement of a winner(s), or the distribution/awarding of a Prize; and c) Any omission, interruption, deletion, defect, delay, misdirection, damage, injury, technical malfunctions or traffic congestion on the Internet/telephone network, or at any website, or any combination thereof.
Each Entrant understands and agrees that all rights under section 1542 of the Civil Code of California and any similar law of any state or jurisdiction of the United States are hereby expressly waived by them. Section 1542 reads as follows:
“Certain claims not affected by a general release. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
In the event that the Promotion is infected by a computer virus/worm, or is not capable of running or being executed as planned (as a result of but not limited to an error, omission, defect, delay, misdirection, tampering, unauthorized intervention, fraud, action of Entrants, or technical failure) or any other cause which in the sole opinion of Sponsors corrupts or affects the administration, security, fairness, integrity, or proper conduct of the Promotion, Sponsors reserve the right in their sole discretion to disqualify any suspect entry or Entrant and to cancel, terminate, modify or suspend the Promotion. In the event of such cancellation, termination, modification or suspension, notice thereof will be posted at the Official Rules website or landing page, if applicable, and, if feasible, winner(s) may be determined solely by Sponsors in a random drawing from among all eligible non-suspect and/or non-disqualified entries received prior to termination or suspension. In such event, Releasees shall have no liability to any participant who is disqualified due to such an action. Failure to enforce any term of these official rules shall not constitute a waiver of that provision.
You and Shutterfly agree that any dispute, claim or controversy arising out of or relating in any way to the Sweepstakes or these Official Rules shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Official Rules, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Shutterfly are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of the Sweepstakes.
If you elect to seek arbitration or file a small claim court action, you must first send to Shutterfly, by certified mail, a written Notice of your claim (“Notice”). The Notice to Shutterfly must be addressed to: General Counsel, Shutterfly, LLC, 10 Almaden Blvd., Suite 900, San Jose, CA 95113 (“Notice Address”). If Shutterfly initiates arbitration, it will send a written Notice to the email address used for your account. A Notice, whether sent by you or by Shutterfly, must (a) describe the nature and basis of the claim or dispute; (b) set forth the specific relief sought and the basis for the calculations; (c) include your name, the email address or phone number used for entry, your current phone number, mailing address, and email address, and your signature; and (d) if you have retained an attorney, your signed statement authorizing Shutterfly to disclose your confidential account records to your attorney if necessary in resolving your claim. If Shutterfly and you do not reach an agreement to resolve the claim within 60 days after the Notice is received, you or Shutterfly may (i) commence an arbitration proceeding or (ii) file a claim in small claims court for individual disputes or claims within the scope of that court’s jurisdiction. Either party may also invoke any applicable arbitration rules allowing parties to elect a small claims court option for an individual dispute. The parties agree that the notice required by this Section is a material provision of these Terms.
You may download or copy a form Notice and a form to initiate arbitration at www.adr.org.
With the exception of “Mass Arbitrations,” as defined in the following paragraph, all arbitrations will be governed by the Consumer Arbitration Rules (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. Unless Shutterfly and you agree otherwise, any arbitration hearings will take place virtually or in the county of your residence.
In the event 25 or more demands for arbitration are filed relating to the same or similar subject matter and sharing common issues of law or fact, and counsel for the parties submitting the demands are the same or coordinated, you and Shutterfly agree that the demands will constitute a “Mass Arbitration.” If a Mass Arbitration is commenced, you and Shutterfly agree that it shall not be governed by the AAA Rules or administered by the AAA. Instead, a Mass Arbitration shall be administered by National Arbitration & Mediation (“NAM”), a nationally recognized arbitration provider, and governed by the NAM rules in effect when the Mass Arbitration is filed as modified by this Agreement, including the NAM Mass Filing Supplemental Dispute Resolution Rules, but excluding any rules that permit arbitration on a class-wide basis (collectively, the “NAM Rules”). The NAM Rules are available at www.namadr.com or by calling 1-800-358-2550. You and Shutterfly agree that if either party fails or refuses to commence the Mass Arbitration before NAM, you or Shutterfly may seek an order from a court of competent jurisdiction compelling compliance with this agreement and compelling administration of the Mass Arbitration before NAM. Pending resolution of any such requests to a court, you and Shutterfly agree that all arbitrations comprising the Mass Arbitration (and any obligation to pay arbitration fees) shall be stayed. You and Shutterfly acknowledge that either party’s failure to comply with this paragraph would irreparably harm the other, and you and Shutterfly agree that a court may issue an order staying the arbitrations (and any obligation to pay arbitration fees) until any disagreements over the provisions of this paragraph are resolved by the court, including any disagreements about the applicability of the Mass Arbitration process.
The arbitrator is bound by the terms of these Official Rules. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Except as expressly set forth herein, the payment of all filing, administration, and arbitrator fees will be governed by the rules of the applicable dispute resolution provider (i.e., the AAA Rules or the NAM Rules). Your and Shutterfly’s right to recover attorneys’ fees, costs and arbitration fees, shall be governed the laws that apply to the parties’ dispute, as well as any applicable arbitration rules.
You and Shutterfly agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If any provision of this paragraph is determined to be unenforceable with respect to any claim or any particular remedy for a claim (such as a request for public injunctive relief), then the parties agree that the claim or particular remedy (and only that claim or remedy) must be decided by a court after all other claims and requests for relief are arbitrated.