Official Sweepstakes Rules

Kenmark Eyewear’s Mexican Getaway Sweepstakes




Kenmark Optical, Inc. (“Kenmark”) will conduct the Mexican Getaway Sweepstakes (“the Sweepstakes”) substantially as described in these rules (the” Official Rules”), and by participating, each participant agrees as follows:


1.                  Description of Sweepstakes/Participation.  Kenmark is giving away a trip for two (2) to Mexico (“the Trip”), that includes:

·         Two round trip, coach-class air transportation for two (2) from a major airport near the winner’s home (determined by Kenmark in its sole discretion) to Cabo San Lucas, Mexico;

·         Five (5) nights’ accommodations at Hotel San Cristobal Baja (single room, double occupancy);

·          $500 Penguin®  Gift Card

·          Lilly Pulitzer® tote, travel bag, towel, and pair of sunglasses

·          Penguin® sunglasses


Winner must complete the trip no later than one (1) year after the conclusion of the Sweepstakes Period (defined below), and the Trip must be booked within thirty (30) days prior to departure. Travel and accommodations are subject to availability and blackout dates. Travel must be round trip from  winner’s home. Kenmark, in its sole discretion, will determine airline and flight itinerary for winner and guest. No refund or compensation will be provided in the event of a cancellation or delay of any flight. The Trip is subject to the terms and conditions set forth in these Sweepstakes, as well as those set forth by Kenmark’s airline of choice as detailed in the passenger ticket contract. All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to, ground transportation, meals, incidentals, gratuities, passenger taxes, tarrifs or duties, airline fees, surcharges, baggage fees, parking fees, passenger charges at Hotel San Cristobal Baja, facility charges, taxes, or other expenses are the sole responsibility of the winner. Approximate Retail Value: $8,000; actual value may vary based on airfare fluctuations, hotel room fluctuations, and distance between departure and destination. Choice of Lilly Pulitzer branded sunglasses and Penguin branded sunglasses will be subject to stock and availability. Winner does not receive difference between actual and approximate retail value.


2.                  How to Enter.  The Sweepstakes begins at 9:30 am Pacific on September 14, 2017 and ends at 5:00 pm Pacific on September 16, 2017 (the “Sweepstakes Period”).  During the Sweepstakes Period, visit the Kenmark Booth, Booth #16031, at the International Vision Expo & Conference in Las Vegas, Nevada, and have your Vision Expo West 2017 Badge scanned for entry in the Sweepstakes. Limit: one (1) entry per person during the Sweepstakes Period. Any attempt by any participant to obtain more than one (1) entry by using multiple or different badges, identifies, or registrations will void that participant’s entries and that participant may be disqualified.   

3.                  Prize Drawings: Kenmark will randomly select the potential Sweepstakes winner from all eligible entries received during the Sweepstakes Period, on or around October 4, 2017. The potential winner(s) will be notified by email. Except where prohibited, the potential winner (or parent/legal guardian if winner is a minor in his/her state of residence) will be required to sign and return variance compliance and release documents, including but not limited to a Liability Waiver, Release, and Publicity Release (“Declaration”) which must be received by Kenmark, within five (5) calendar days of the time notice or attempted notice is sent, in order to claim the prize. If a potential winner cannot be contacted, fails to sign and return the Declaration or provide any other requested information, within the required time period, or the prize is returned as undeliverable, the potential winner forfeits the prize. Receiving a prize is contingent upon compliance with these Official Rules. In the event that a potential winner is disqualified for any reason, Kenmark will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. Up to three (3) alternate drawings will be held, after which the prize will remain un-awarded.

4.                  Eligibility and Limitations.  Participants and winner must be individuals and U.S. residents at least 18 years of age, unless travel companion of winner is child of winner. Winner and guest of winner must provide proof of age, and if child of winner is selected as travel companion, winner must provide proof of relationship.  Only one (1) entry per person. Employees of Kenmark and its affiliates, and members of the immediate family of any such persons are not eligible to participate and win.  The term “immediate family” includes spouses, siblings, parents, children, grandparents, and grandchildren, whether as “in-laws,” or by current or past marriage(s), remarriage(s), adoption, co-habitation or other family extension, and any other persons residing at the same household whether or not related. All prizes are non-transferable and no substation will be made except as provided herein at Kenmark’s sole discretion. Kenmark reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. Odds of winning a prize depend on the number of eligible entries received during the Sweepstakes Period.

5.                  Travel Documents.  Winner and guest of winner are solely responsible for obtaining valid passports and any other documentations necessary for international travel. Travel restrictions, conditions, and limitations may apply.

6.                  Loss.  Kenmark will not replace any lost, mutilated, or stolen tickets, travel vouchers, or certificates.

7.                  Disclaimer.  Kenmark is not responsible if any event or any part of the Trip is delayed, postponed, or cancelled for any reason, in which case that portion of prize is forfeited in its entirety and no substitution will be provided except in Kenmark’s sole discretion. Kenmark disclaims all liability for any delays, misdelivery, loss, or failure in the delivery of any item sent by mail, courier, express, electronic transmission, or other delivery method.  Kenmark is not responsible for mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind. Sweepstakes entry forms in a register-to-win contest must be handwritten.  No photocopies or mechanical reproductions of entry forms are permitted.  Kenmark assumes no responsibly for the conduct of airlines, or other agency, company or entity which offers to or does provide accommodations, entertainment, sightseeing, food or other activities of any nature awarded to winner and guest of winner.  Kenmark is not responsible for any delay, loss accident or personal injury occasioned by fault or negligence of any person, is not responsible for any expense or inconvenience occasioned by late arrivals or departures of transportation or any changes or cancellation in scheduled services or accommodations beyond its control; and is not responsible for loss or damage to the personal property of any participant. 

8.                  Publicity; Use of Personal Information.  By participating, where allowed by law, all participants and winners grant Kenmark exclusive permission to use their names, characters, photographs, voices, and likenesses in connection with promotion of this and other sweepstakes, as well as in promotion of Kenmark or any of Kenmark’s licensors in any media worldwide without further payment or consideration. By participating, participants and winners waive any claims to royalty, right, or remuneration for such use.  By participating in the Sweepstakes where allowed by law, participants agree that Kenmark may disclose personal information obtained from participants in the Sweepstakes to third parties and use such information for marketing and other purposes.  Winner and guest of winner must execute liability/publicity releases prior to issuance of travel documents. If child of winner is selected as travel companion, both parents of child must execute liability/publicity releases prior to issuance of travel documents.

9.                  Taxes.  Any valuation of the Trip described in Paragraph 1 is based information available to Kenmark at the time of the Sweepstakes, and the value of any prize awarded to a winner may be reported for tax purposes as required by law.  Winner and guest of winner are solely responsible for reporting and paying any and all applicable taxes related to the Trip and paying any expenses associated with any prize which is not specifically provided for in the official rules.  Winner must provide Kenmark with valid identification and a valid social security number before any prize will be awarded. 

***Winner will need to fill out a W-9 form and will receive an IRS form 1099 at the end of the calendar year and a copy of such form will be filed with the IRS.***

10.              Release.  By participating in the Sweepstakes, each participant and winner waives any and all claims of liability against Kenmark, its employees and agents, 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 Sweepstakes or receipt or use of any prize, including but not limited to, participation in the Trip.  Winner and guest of winner must execute liability releases and waivers prior to issuance of travel documents. If child of winner is selected as travel companion, both parents of child must execute liability releases and waivers for child prior to issuance of travel documents.

11.              Disputes. Except where prohibited, participant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded, including but not limited to the Trip, 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 Kentucky or the appropriate Kentucky State Court located in Jefferson County, Kentucky; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; 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 Kenmark in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Kentucky without giving effect to any choice of law or conflict of law rules (whether of the Commonwealth of Kentucky or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Commonwealth of Kentucky.

12.              Conduct and Decisions.  By participating in the Sweepstakes, participants agree to be bound by the Official Rules. Participants also agree to be bound by the decisions of Kenmark and its personnel.  Persons who violate any rule, gain unfair advantage in participating in the Sweepstakes, or obtain winner status using fraudulent means will be disqualified.  Unsportsmanlike, disruptive, annoying, harassing or threatening behavior is prohibited. Kenmark will interpret these rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the Sweepstakes and Kenmark’s decisions concerning such disputes shall be final.  If the conduct or outcome of the Sweepstakes is affected by human error, any mechanical malfunctions or failures of any kind, intentional interference or any event beyond the control of the Kenmark, Kenmark reserves the right to terminate this Sweepstakes, or make such other decisions regarding the outcome as Kenmark deems appropriate.  All decisions will be made by Kenmark and are final.  Kenmark may waive any of these rules in its sole discretion.  ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY CIRCUMVENT, DISRUPT OR DAMAGE ORDINARY AND NORMAL OPERATION OF THIS SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, KENMARK RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PARTICIPANT TO THE FULLEST EXTENT PERMITTED BY LAW.

13.              Miscellaneous.  The winner and guest of winner must submit proof of eligibility and sign waivers and releases in order to claim prize(s). Kenmark may substitute prizes, amend the rules or discontinue the Sweepstakes at any time. Kenmark disclaims any responsibility to notify participants of any aspect related to the conduct of the Sweepstakes.  For a copy of the rules, or where required by law, a list of winners, mail a written request with a stamped, self-addressed return envelope to the Kenmark’s address, listed below.  All entries become the property of Kenmark and will not be returned.  To be removed from Kenmark’s direct mail, email or fax lists, send a self-addressed stamped envelope with Sweepstakes name to Kenmark Optical, Inc., 1800 Research Drive, Louisville, KY 40299.

14.              Collection of Personal Information. All information collected from participants is subject to Kenmark’s Privacy Policy, which is located at [].