Target Circle™ Holiday Giveaway Official Rules

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.  

1. Eligibility: Target Circle™ Holiday Giveaway (the “Sweepstakes”) is open only to individuals who are legal residents and physically located in one (1) of the fifty (50) United States or the District of Columbia and who are at least eighteen (18) years old as of December 3, 2023.  Employees, officers and directors of Target Enterprise, Inc. (“Sponsor”), Merkle Inc. (“Administrator”), and each of their respective parent and affiliate companies, members, advertising and promotion agencies, distributors and other prize suppliers (including, but not limited to, Shipt, Inc.) (collectively, “Promotion Entities”) as well as the immediate family (i.e., spouse, parents, siblings, children and grandchildren) and/or those living in the same household of each such employee, officer or director (whether legally related or not) are not eligible to enter or win a prize in the Sweepstakes. The Sweepstakes is void where prohibited by law. Participation constitutes entrant’s full and unconditional agreement to these “Official Rules.” Sponsor’s and Administrator’s decisions are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.

2. Sponsor: Target Enterprise, Inc., 1000 Nicollet Mall, Minneapolis, MN 55403. Administrator: Merkle Inc., 3000 Town Center, Suite 2100, Southfield, MI 48075.

3. Timing: The Sweepstakes begins on December 4, 2023, at 5:00 a.m. Pacific Time (“PT”) and ends on December 8, 2023 at 11:59 p.m. PT (the “Promotion Period”).  Sponsor’s servers are the official time-keeping devices for the Sweepstakes.

4. How to Enter: To enter the Sweepstakes, you must enroll and remain a Target Circle member through the end of the Promotion Period.  If you are an existing Target Circle Member, you must remain a member through the end of the Promotion Period. Target Circle is a voluntary loyalty program. Target Circle membership is free but is subject to the Terms and Conditions available at https://www.target.com/c/terms-conditions/-/N-4sr7l#circle and Privacy Policy available at https://www.target.com/c/target-privacy-policy/-/N-4sr7p#FIP. To be a Target Circle member, you must have a Target.com account, must have completed enrollment in Target Circle and provided your first and last name and a valid email address in your Target account. 

Limit: One (1) entry into the drawing per person during the Promotion Period. Multiple entrants are not permitted to share the same email address or Target Circle account. Any attempt by any entrant to obtain more than one (1) entry by using multiple/different email addresses, identities or any other methods, to create multiple Target Circle accounts, will void that entrant's entries and that entrant may be disqualified. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected Target Circle registrations, which will be disqualified Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to the identity of an entrant, Sponsor and Administrator will rely on the information submitted by the entrant to register for this Sweepstakes. If any additional information provided by entrant is inconsistent with the information provided at registration, Sponsor and/or Administrator may disqualify such entrant and such disqualification may result in the forfeiture of any prizes won.

5. Prize Drawing: Administrator is an independent organization whose decisions as to the administration and operation of the Sweepstakes drawing and the selection of the potential winners are final and binding. Administrator will randomly select the potential Sweepstakes winners from all eligible entries received during the Promotion Period, on or around December 11, 2023. The potential winners will be notified by email from Administrator on December 12, 2023.  Potential winners will be required to provide, among other information, their name, home mailing address (P.O. Boxes may not be permitted) and date of birth to confirm eligibility and for purposes of prize fulfillment within three (3) days of the date notice or attempted notice is sent, in order to claim the prize. If a potential winner of any prize cannot be contacted, fails to provide any other requested information within the required time period (if applicable), or the prize is returned as undeliverable, the potential winner forfeits their prize. Receiving a prize is contingent upon compliance with these Official Rules.

In the event that a potential winner is disqualified for any reason or forfeits the prize, Sponsor will award the prize to an alternate winner by random drawing from among all remaining eligible entries. Only three (3) alternate drawings will be held, after which the prize will remain un-awarded.

6. Prizes: FIVE HUNDRED (500) PRIZES:  Each winner will receive five hundred dollars ($500) added as Target Circle Earning Rewards and a twelve (12) month Shipt membership (awarded as a digital code), with an ARV of $99.00. The total approximate retail value (“ARV”) of each prize package is: five hundred ninety-nine dollars ($599). Terms and conditions of Target Circle Earning Rewards and Shipt membership apply, as outlined below.    

• Target Circle Earning Rewards are generally subject to the Target Circle Terms & Conditions at https://www.target.com/c/terms-conditions/-/N-4sr7l#circle and will expire if you have not earned or redeemed any Target Circle Earning Rewards for one (1) year. Target Circle Earnings Rewards can only be redeemed for merchandise or services at Target. Target Circle Earnings Rewards have no cash value and cannot be redeemed for cash.
• Shipt membership details are set forth at https://www.shipt.com/. Winners must redeem Shipt code at www.shipt.com/offer and claim the Shipt membership by February 29, 2024 or this component of the prize will be forfeited. Winners will be required to provide a credit card to claim Shipt membership which will be used to auto-renew the membership after the conclusion of twelve (12) months. Winners must cancel membership before the conclusion of the twelve (12)-month period to avoid this payment (see https://help.shipt.com/account/how-do-i-cancel-my-membership)  If a winner has an existing Shipt membership, the winner may contact support@shipt.com or (205) 502-2500 to use this prize.

Target Circle Earning Reward is not transferable.  However, winner may transfer the Shipt membership code.  Sponsor will not provide any substitute prize, except where it deems necessary if the designated prize should become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use. Odds of winning a prize depend on the total number of eligible entries received during the Promotion Period. ARVs are determined as of the time these Official Rules were published and the value of a prize may fluctuate. A winner is not entitled to any difference between the ARV and the actual value of the prize at the time the prize is awarded. Prize details will be determined by Sponsor in its sole discretion. All other costs and expenses associated with acceptance of the prize that are not expressly set forth herein shall be solely the winner’s responsibility. 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. Prizes will be fulfilled approximately no later than 8-10 weeks after winner confirmation. Limit of one (1) prize per person. The total ARV of all available prizes in the Sweepstakes is two hundred ninety-nine thousand five hundred dollars ($299,500).

7. Release: By entering the Sweepstakes, each participant agrees to indemnify, defend, release and hold harmless the Promotion Entities, and their respective subsidiaries, affiliates, suppliers, distributors, partners, advertising/promotion agencies, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any losses, damages, rights, claim or cause of action of any kind arising, in whole or in part, directly or indirectly, out of your participation in the Sweepstakes or resulting directly or indirectly, from your acceptance, possession, use, misuse or inability to use any prize awarded in connection with the Sweepstakes, including, without limitation, personal injury, death and/or property damage, as well as claims based on publicity rights, defamation and/or invasion of privacy.

8. Publicity: Except where prohibited by law, participation in the Sweepstakes constitutes each winner’s consent to Sponsor’s and its agents’ use of winner’s name, prize information, likeness, photograph, social handle and social media posts, voice, opinions, statements and/or hometown and state for promotional purposes in any media, worldwide, without further payment, notice or consideration.

9. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures, human error, or any other factor impairs the integrity or proper functioning of the Sweepstakes, or any event or cause beyond Sponsor’s control (e.g. events such as natural calamities, national emergencies, wide spread illnesses, declarations of war, acts of God, acts of terrorism) interferes with any aspect of the Sweepstakes, including but not limited to fulfillment of the prize(s), as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the prizes at random from among the eligible entries received up to the time of impairment. Sponsor reserves the right, at its sole discretion, to disqualify any individual found to be: (a) violating the Official Rules; or (b) violating the terms of service, conditions of use and/or general rules or guidelines of any Sponsor or Administrator property or service. Any person who supplies false information, obtains entries by fraudulent means, or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any prize, will forfeit any prize won and may be prosecuted to the full extent of the law. In addition, any attempt by any person to undermine the legitimate operation of the Sweepstakes 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 no event will more prizes than are stated in these Official Rules be awarded. If, for any reason, more prize notifications are sent (or more claims are received) than the number of prizes offered, as set forth in these Official Rules, Sponsor reserves the right to award the intended number of prizes through a random drawing from among all eligible prize claims received. In the event there is a discrepancy or inconsistency between any other statements contained in any Sweepstakes-related materials (including printed versions of these Official Rules) and the Official Rules as posted, the Official Rules as posted shall prevail, govern, and control.

10. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information including errors or typos in these Official Rules or any Sweepstakes-related communication or materials, whether caused a Released Party or by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions or disconnections, in phone lines or network hardware or software, failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications or entry information, any error, omission, interruption, deletion, defect, delay in operation or transmission, failures or technical malfunction of any computer online systems, servers, providers, computer equipment, software, email, players or browsers, whether on account of technical problems, traffic congestion on the Internet or at any website, or on account of any combination of the foregoing; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (5) 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 the receipt, use or misuse of any prize; or (6) late, lost, misdirected, illegible, incomplete or mutilated entries or for theft, destruction or unauthorized access to, or alteration of entries. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another Sweepstakes entry, if possible. No more than the stated number of prizes will be awarded. BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00) (USD), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (B) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00) (USD), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (C) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.

11. Dispute Resolution: Please read this section carefully. You waive your rights to try any claim in court before a judge or jury and to bring or participate in any class, collective or other representative action.

• Agreement to Binding Arbitration

You, Sponsor and Administrator each agree that in the event of any claim, dispute or controversy (whether in contract, tort, statute or otherwise) arising out of, relating to, or connected in any way with the Sweepstakes or the Official Rules, such claim, dispute or controversy will be resolved exclusively by final and binding arbitration, except as otherwise set forth in this Section 11 (the “Arbitration Agreement”).

• Exceptions to Arbitration

Notwithstanding the foregoing, in lieu of arbitration: (1) either you, Sponsor or Administrator can bring an individual claim in small claims court in the United States of America consistent with any applicable jurisdictional and monetary limits that may apply, provided that it is brought and maintained as an individual claim; and (2) you agree that you, Sponsor or Administrator may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

• Jury Trial & Class Action Waiver

Except as this Section 11 otherwise provides, you, Sponsor and Administrator acknowledge and agree that you are each waiving the right to a trial by jury. The parties further agree that any arbitration shall be conducted in their individual capacities and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. You, Sponsor and/or Administrator may not be plaintiffs or class members in any purported class, collective or representative proceeding, and may each bring claims against the other only in your or their individual capacity. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the individual claim.

If any court or arbitrator determines that any term in the immediately preceding paragraph is unenforceable for any reason as to any claim, then the Arbitration Agreement will be inapplicable to that claim, and that claim will instead proceed through litigation in court rather than by arbitration, but only after the conclusion of the arbitration of any claim or dispute that is subject to the Arbitration Agreement.

• Governing Law & Arbitration Rules

The Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern the interpretation and enforcement of this section. If the FAA is found not to apply to any issue that arises under this section or the enforcement of the Arbitration Agreement, then that issue shall be resolved under the laws of the State of Minnesota.

The arbitration will be conducted under the then current and applicable rules of the American Arbitration Association (“AAA”). The AAA rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879.

• Initiating Arbitration

If you intend to seek arbitration against Sponsor and/or Administrator, you must first send a written notice (“Notice”), by first class or certified mail to Target.com Guest Services, P.O. Box 9350, Minneapolis, MN 55440-9350. If Sponsor and/or Administrator intend to seek arbitration, Sponsor and/or Administrator will send a Notice to the current billing address on your Target Circle account. The Notice must describe the nature and basis of the claim and the specific relief sought. If the parties cannot reach an agreement within thirty (30) days from the receipt of the Notice, either party may initiate arbitration proceedings.

A form to initiate arbitration proceedings is available on the AAA site at www.adr.org. In addition to filing this form with the AAA, the party initiating the arbitration must mail a copy of the completed form to the opposing party/ies. You may send such copy to Sponsor and/or Administrator at Target Law Department, 1000 Nicollet Mall, TPS-3155, Minneapolis, MN 55403, and Sponsor and/or Administrator will send such copy to the current billing address on your account or to your attorney, if you have retained one.

• Fees

For claims of one hundred thousand dollars ($100,000) or less, you will pay the filing fee specified in the rules of the AAA. Sponsor and/or Administrator will pay any additional required filing fees, and all administration and arbitrator fees (collectively, “Arbitration Fees”) unless the arbitrator determines that your claim is frivolous. For claims over one hundred thousand dollars $100,000, you will be responsible for the Arbitration Fees.

• Location & Procedure

If your claim is for ten thousand dollars ($10,000) or less, you may choose to have arbitration conducted solely on the basis of documents submitted to the arbitrator, via a telephone hearing, by an in-person hearing in the county of your residence, or as otherwise mutually agreed to by the parties. If your claim exceeds ten thousand dollars ($10,000), the location of the arbitration and the parties’ right to a hearing will be determined in accordance with the rules of the AAA.

• Arbitrator’s Decision

The arbitrator’s award shall be written and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Sponsor and Administrator waive their rights to seek attorneys’ fees and costs in arbitration.

12. Choice of Law, Forum Selection & Jury Waiver: Except as set forth in the Arbitration Agreement above, any claim, dispute or controversy (whether in contract, tort, statute or otherwise) arising out of, relating to, or connected in any way with the Sweepstakes or the Official Rules, will be governed by the applicable laws of the United States of America and the laws of the State of Minnesota, without regard to Minnesota’s choice of law principles. In the event that it is determined or these Official Rules provide that a claim should not proceed through arbitration, you agree that any claim or dispute (with the exception of a claim or dispute appropriately lodged in any small claims court in the United States of America) shall be resolved in the United States District Court for the District of Minnesota, and you submit to the personal jurisdiction of that court. If subject matter jurisdiction (including diversity jurisdiction) does not exist in the United States District Court for the District of Minnesota for any such claim, then the exclusive forum and venue for any such action shall be the courts of the State of Minnesota located in Hennepin County, and you submit to the personal jurisdiction of that court. As to any proceeding in court, you, Sponsor and Administrator waive your rights to a jury trial, unless such waiver is unenforceable.

The choice-of-law and forum-selection provisions in this section do not apply to the Arbitration Agreement or to any arbitrable disputes as provided by the Arbitration Agreement section. Instead, as provided in the Arbitration Agreement section, the FAA shall apply to any such disputes.

13. Entrant's Personal Information: Information collected from entrants is subject to Sponsor’s Privacy Policy: https://www.target.com/c/target-privacy-policy/-/N-4sr7p. As a condition of entering the Sweepstakes, each entrant gives consent for Sponsor to obtain and deliver their name, address and other information to third parties for the purpose of administering this Sweepstakes and to comply with applicable laws, regulations and rules. Any information entrant provides to Sponsor may be used to communicate with entrant in relation to this Sweepstakes or on a Sweepstakes winner’s list.

14. Winner’s List: For a winners list, please click here. The winner’s list will be posted for three (3) months after winner confirmations are complete.

15. Miscellaneous: The names of individuals, groups, companies, products and services mentioned herein, and any corresponding likenesses, logos and images thereof reproduced herein, have been used for identification purposes only and may be the copyrighted properties and trademarks of their respective owners. The mention of any individual, group or company, or the inclusion of a product or service as a prize, does not imply any association with or endorsement by such individual, group or company or the manufacturer or distributor of such product or service and, except as otherwise indicated, no association or endorsement is intended or should be inferred. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. For entrants, to the extent there is a conflict between these Official Rules and any terms of use or other agreement posted on the website, these Official Rules control.

© 2023 Merkle Inc. All rights reserved.

© 2023 Target Corporation. All rights reserved.

For additional information about how to participate, visit the sweepstakes information page on Target.com. For information about joining Target Circle, Target’s free-to-join loyalty program, visit the Target Circle information page.