Sam’s Club Watch Party Sweepstakes
Official Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT
INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: The Sam’s Club Watch Party Sweepstakes (the
“Sweepstakes”) is open only to legal
residents of 50 United States (or District of Columbia) who are at least 21
years old at the time of entry. Employees
of Sam’s West Inc., Walmart Inc., Merkle Inc., and their respective parent companies,
subsidiaries, affiliates, and agents and those prize providers and agencies
that are involved in the development of execution of this Sweepstakes or any of
its materials, and the immediate family (spouse, parents, siblings and
children) and household members of each such person are not eligible. The Sweepstakes is subject to all applicable
federal, state, and local laws and regulations and is void where
prohibited. By participating in the Sweepstakes,
entrant fully and unconditionally agrees to and accepts these Official Rules
and the decisions of the Sponsor and Administrator,
which are final and binding in all matters related to
the Sweepstakes. Winning a prize is
contingent upon fulfilling all requirements set forth herein, including consent
to a confidential background check to confirm each potential winner’s eligibility
and compliance with these Official Rules. Due to the nature of the prize
offered, if a background check reveals that a potential winner has engaged in
conduct that could damage the reputation of Sponsor or any of the Released
Parties, as determined by Sponsor in its discretion, the potential winner may
be disqualified.
2.
Sponsor: Sam’s West Inc., 2101 SE Simple Savings Dr., Bentonville,
AR 72716. Administrator:
Merkle Inc., 3000 Town Center, Suite 2100, Southfield, MI 48075.
3.
Timing: The Sweepstakes
begins on April 10, 2021 at 12:00 a.m. Eastern Time and ends on April 11, 2021 at
11:59 p.m. Pacific Time (the "Promotion Period"). Facebook and Instagram's servers are the
official time-keeping devices for the Sweepstakes.
4. How to Enter:
Participation
Requirements: To participate,
you will need to have a Facebook and/or Instagram account (each a “Social Account”). Creating each Social Account is free but is
subject to the applicable terms and conditions:
https://www.facebook.com/legal/terms
or http://instagram.com/about/legal/terms/#. If entering via a mobile device and using
your wireless carrier’s network, standard data charges from your wireless
carrier may apply.
Entry Requirements: There are 2 ways to enter. Your comment need not include any
reference, positive or negative, to Sponsor’s products or services. Including such
a reference in your comment will not improve your chances of winning.
a.
Via
Facebook Comment: During the Promotion Period, take the
following actions to receive an entry:
(i)
Like
the Sam’s Club Facebook Page;
(ii)
Locate
Sam’s Club’s Sweepstakes post at https://www.facebook.com/samsclub/; and
(iii)
Comment
on the post with an appropriate, original, non-copyright infringing response to
the post’s question.
Your
account settings must remain public during the Promotion Period and until the
prizes are awarded (as described in Section 6).
You must not change your Facebook handle during the Promotion Period and
until the prizes are awarded (as described in Section 6).
b.
Via
Instagram Comment: During the Promotion Period, take the
following actions to receive an entry:
(i) Follow
@samsclub on Instagram;
(ii) Locate
Sam’s Club’s Sweepstakes post on Instagram; and
(iii) Comment on the post with an appropriate,
original, non-copyright infringing response to the post’s question.
Your
account settings must remain public during the Promotion Period and until the
prizes are awarded (as described in Section 6).
You must not change your Instagram handle during the Promotion Period
and until the prizes are awarded (as described in Section 6).
Content Restrictions for your
Entry:
·
Your
comment must be your original work and appropriately respond to the Sweepstakes
post;
·
Your
comment must not convey any claims of Sam’s Club products or services that
would be deemed unsubstantiated or deceptive if made by Sponsor;
·
Your
comment must not disparage Sponsor or any other parties;
·
The
Submission must not contain material that violates or infringes another’s rights,
including but not limited to privacy, publicity or intellectual property
rights, or that constitutes copyright infringement and therefore the comment must
not contain brand names or trademarks other than those owned by Sponsor;
·
Your
comment must not make references to or include: alcohol,
illegal drugs, tobacco, or firearms/weapons, any activities that are or appear
to be dangerous, or any political agenda;
·
Your
comment may not be indecent, obscene, sexually explicit, hateful, promotes bigotry,
racism, hatred or harm against any group or individual or promotes
discrimination based on race, gender, religion, nationality, disability, sexual
orientation, or age; and
·
Your
comment may not be tortious, defamatory, libelous, disparage Sponsor or any
other person or party, or contain material that is unlawful in any way.
By
commenting with content that conforms to all of the
above requirements, you will receive 1 Sweepstakes entry. Sponsor, in its sole
discretion, may disqualify any comment that it finds unlawful, or in violation
of these Official Rules,
Limit:
1 Sweepstakes
entry per person during the Promotion Period. Multiple entrants are not
permitted to share the same Social
Account. Any
attempt by any entrant to obtain
more than 1 entry by using multiple/different Social Accounts, identities,
registrations and logins, or any other methods will void that entrant's entries
and that entrant may be disqualified. Use of
any automated system to participate is prohibited and will result in
disqualification. In the event of a dispute as to
any registration, the authorized account holder of the Social Account used to register 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 used to create the
Social Account. Each potential winner may be required to
show proof of being the authorized account holder. Released Parties (as defined
in Section 8, below) are not responsible for lost, late, unreceived, damaged,
incomplete, invalid, un-intelligible, garbled, delayed or misdirected comments or
failure to receive comments due to limitation of third-party social network platforms
all of which will be void.
5. Sponsor’s Use of Social
Post Content:
Posting a comment constitutes entrant’s consent to give Sponsor a royalty-free,
irrevocable, perpetual, non-exclusive license to use, reproduce, modify,
publish, create derivative works from, and display such submissions in whole or
in part, on a worldwide basis, and to incorporate it into other works, in any
form, media or technology now known or later developed, including for promotional
or marketing purposes. If requested, entrant
will sign any documentation that may be required for Sponsor or its respective designees
to make use of the non-exclusive rights entrant is granting to use the comment.
6. Drawing and Requirements of Potential Winners: Administrator
is an independent judging organization whose decisions as to the administration and operation of the
Sweepstakes and the selection of the potential winners are final and binding in
all matters related to
the Sweepstakes. On or about April 12,
2021, Administrator will randomly
select the names of the potential Sweepstakes winners from all eligible entries
received during the Promotion Period. Odds of winning a prize
depend on the number of eligible entries received during the Promotion
Period. Each potential winner will be notified by @samsclub
through the social channel used to enter and will be directed to a secure online claim form and asked to provide his/her name, email
address, mailing address and date of birth to confirm eligibility and for prize
fulfillment purposes within 24 hours of the date notice or attempted notice is
sent into order to claim the prize. Next, each potential winner will be required to sign
and return a Declaration of Compliance, Liability Waiver and, where not prohibited,
a Publicity Release ("Declaration"), including consent to agree to a
confidential background check, which must be received by Administrator within 24
hours of the date notice or attempted notice is sent, in order to claim his/her
prize. Receiving a prize is contingent
upon compliance with these Official Rules.
If a potential
winner cannot be contacted, fails to provide any
requested information and/or sign and return the Declaration within the required
time period, or does not comply with
these Official Rules, potential winner is disqualified and forfeits the prize. If the background check reveals that a
potential winner has engaged in conduct that could damage the reputation of
Sponsor or any of the Released Parties, as determined by Sponsor in its
discretion, Sponsor will disqualify potential winner. In the event that a potential winner is disqualified for any reason or forfeits the
prize, Sponsor will award, time permitting, the applicable prize to an alternate winner by random drawing from among
all remaining eligible entries. Time
permitting, only 1 alternate drawing will be held, after which the prize will
remain un-awarded.
7. Prizes: 5 GRAND PRIZES: Each winner will
be able to join the virtual Elton John AIDS Foundation Academy Awards®
Pre-Party and Viewing on April 25, 2021 starting at 6:30 pm ET/3:30 pm PT (“Experience”). Each winner will also receive $200 in Sam’s
Club-branded merchandise. All Experience
details determined by Sponsor and the Elton John AIDS Foundation in their sole
discretion; all merchandise details, including color and size, determined by
Sponsor in its sole discretion. The
Experience is for winners only. The
Experience requires Internet
access and appropriate hardware to connect and are the responsibility solely of
each winner. Approximate Retail Value: $1,200.
Prizes are non-transferable and no substitution will be made
except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the
right to substitute a prize or prize
component for one of equal or greater value.
Winners are responsible for all taxes and fees associated with prize
receipt and/or use. Limit: 1 prize per person. Total ARV of all prizes: $6,000.
8.
Publicity: Except where prohibited, participation in the Sweepstakes
constitutes each entrant’s consent to
Sponsor’s and its respective agents’ use of entrant’s name, prize information, likeness,
comment, photograph (including,
without limitation, entrant's Social Account profile photo), voice, opinions
and/or hometown and state for promotional
purposes in any media, worldwide, without further payment or consideration.
9.
General Conditions: Sponsor reserves the right to cancel, suspend and/or modify
the Sweepstakes, 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, in its sole discretion, may elect
to hold a random drawing from among all eligible entries received up to the
date of discontinuance and may modify the prizes offered herein. Sponsor
reserves the right, in its sole discretion, to disqualify any individual it
finds to be tampering with the entry process or the operation of the
Sweepstakes or to be acting in violation of the Official Rules of this or any
other promotion or in an unsportsmanlike or disruptive manner. Any attempt by
any person to deliberately 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.
10. Release and Limitations of Liability: Except where prohibited, by
participating in the Sweepstakes, entrants agree to release and hold harmless
Sponsor, Walmart Inc., VMLY&R, Elton John AIDS Foundation, Merkle Inc., Facebook,
Inc., Instagram, Inc. and their respective parents, subsidiaries, affiliates,
promotional partners, prize partners, agents and agencies, and the officers,
directors and employees of them (the “Released Parties”) from and against any claim
or cause of action arising out of participation in the Sweepstakes or receipt
or use of any prize, including, but not limited to: (a) unauthorized human intervention
in the Sweepstakes; (b) technical errors related to computers, servers, providers,
printers or telephone or network lines; (c) printing errors or human error; (d)
errors in the administration of the Sweepstakes or the processing of entries;
(e) late, lost, or undeliverable mail; or (f) 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 of any prize. Entrant further
agrees that in any cause of action, the Released Parties’ liability will be limited
to the cost of entering and participating in the Sweepstakes and in no event
shall the Released Parties be liable for attorney’s fees.
Entrant waives the right to claim any damages whatsoever, including, but not
limited to, punitive, consequential, direct, or indirect damages. 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 it is possible. If the Sweepstakes, or any part of it, is discontinued
for any reason, Sponsor, in its sole discretion, may elect to hold a random
drawing from among all eligible entries received up to the date of discontinuance
for any prize offered herein. No more than the stated number of prizes will be
awarded. In the event that production, technical, seeding, programming or any
other reasons cause more than the stated number of prizes as set forth herein 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.
11. Disputes: Except where prohibited, entrant agrees
that: (1) any and all disputes, claims and causes of action arising out of or
connected with this 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 Eastern District of Michigan (Southern Division)
or the appropriate Michigan State Court located in Oakland County, Michigan;
(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 Sponsor in connection
with the Sweepstakes, shall be governed by, and construed in accordance with,
the laws of the State of Michigan without giving effect to
any choice of law or conflict of law rules (whether of the State of Michigan or
any other jurisdiction), which would cause the application of the laws of any
jurisdiction other than the State of Michigan.
12. Entrant's Personal
Information:
Information collected from entrants is subject Sponsor’s Privacy Policy https://corporate.samsclub.com/privacy-policy.
13.
Winner List: For a winner
list, visit https://bit.ly/2Q8XDyM. The winner list will be posted after winner
confirmation is complete.
©2021 Merkle Inc. All rights reserved.
This promotion is in no
way sponsored, endorsed or administered by, or associated with, Facebook, Inc. or
Instagram, Inc.