Merkle Social Sweepstakes
Official Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT
INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: Merkle Social Sweepstakes (the
“Sweepstakes”) is open only to legal
residents of the fifty (50) United States and the District of Columbia who are
at least eighteen (18) years old at the time of entry. The Sweepstakes is
subject to all applicable federal, state, and local laws and regulations and is
void where prohibited. Participation constitutes entrant’s full and unconditional
agreement to these Official Rules. Sponsor’s
decisions are final and binding in all matters related to
the Sweepstakes. Winning the prize is
contingent upon fulfilling all requirements set forth herein.
2.
Sponsor: Merkle Inc., 7001 Columbia Gateway
Drive Columbia, MD 21046.
3.
Timing: The Sweepstakes
begins on October 5, 2021 at 10:00 a.m. Eastern Time ("ET") and ends
on October 19, 2021 at 11:59 p.m. ET (the "Promotion Period"). LinkedIn’s and Twitter'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
personal Twitter and/or LinkedIn’s account (each a “Social Account”). Creating each Social Account is free but is subject
to the applicable terms: Twitter Terms of Service
or LinkedIn User
Agreement. If entering via a mobile device and using your wireless carrier’s
network, standard data charges from your wireless carrier may apply. Your Social Account must be public and
therefore viewable by Sponsor. You must
not modify your handle for the Social Account you use to enter this Sweepstakes
on until the prize is awarded.
Entry Requirements:
Enter through Twitter: During the
Promotion Period, locate Sponsor’s Sweepstakes Tweet that includes #SheSaidHeSaidSweep
and a link to the these Official Rules https://bit.ly/2RQsQHz take the following
actions to receive an entry:
(1)
Follow @Merkle on Twitter;
(2)
Retweet Sponsor’s Sweepstakes Post that includes #SheSaidHeSaidSweepstakes
(3)
You need not include any additional content with your Retweet. However, if you choose to include additional content,
it must be your original work and must not be indecent, obscene, hateful, tortious,
defamatory, libelous, contain material that violates or infringes another’s
rights, disparage Sponsor, or any other person or party, or contain material
that is unlawful in any way.
Enter
Through LinkedIn: During the Promotion Period, locate Sponsor’s the post that
advertises this (herein “Sweepstakes Post”) and take the following actions to
receive an entry:
(1)
Follow Merkle on LinkedIn;
(2)
Share the Sponsor’s Sweepstakes Post and include #SheSaidHeSaidSweeps in your
post
(3)
You need not include any additional content when you share the post. However, if you choose to include additional content,
it must be your original work and must not be indecent, obscene, hateful,
tortious, defamatory, libelous, contain material that violates or infringes another’s
rights, disparage Sponsor, or any other person or party, or contain material
that is unlawful in any way.
You
automatically will receive one (1) “Entry” into the Sweepstakes drawing
associated with your qualified Retweet and/or you qualified LinkedIn share. Sponsor
may disqualify your Entry if it determines that it finds it to be unlawful, or
in violation of these Official Rules. Released Parties
(as defined in Section 8, below) are not responsible for lost, late, unreceived,
damaged, incomplete, invalid, un-intelligible, or delayed Entries or failure to
receive an Entry due to limitations of third-party social network platforms all
of which will be void.
Content Restrictions for your Entry:
·
Any
content added to your Entry must be your original work;
·
Your
Entry must not disparage Sponsor or any other parties;
·
You
must have permission to include the names or likenesses of other individuals and
to grant the rights set forth in Section 5. You should only include minors in
your Tweet or post if they are your children/wards. If requested, entrant must
be able to provide such permissions in a form acceptable to Sponsor;
·
Your
Entry 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
Entry 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
Entry may not be tortious, defamatory, libelous, disparage Sponsor or any other
person or party, or contain material that is unlawful in any way.
By
Retweeting or sharing a post through LinkedIn content that conforms to all of the
above requirements, you will receive one (1) Sweepstakes
entry. Sponsor, in its sole discretion, may disqualify any post that it finds unlawful,
or in violation of these Official Rules,
Entry Limit: You may enter one (1) time through each
Social Account for a maximum of two (2) entries during the Promotion Period.
Multiple entrants are not permitted to
share the same Twitter or LinkedIn account. Any attempt
by any entrant to obtain more than the
stated number of entries by using multiple/different Twitter or LinkedIn 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 Twitter or LinkedIn 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 Twitter or LinkedIn
account. The 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 Submissions or failure to receive Submissions due to limitation
of third-party social network platforms all of which will be void.
5. Sponsor’s Use of Social Post
Content: Retweeting
or sharing through LinkedIn 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 designees
to make use of the non-exclusive rights entrant is granting to use the
Submission.
6. Prize Drawing & Winner Notification: Sponsor’s 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. Sponsor will randomly
select the potential Sweepstakes winners from all eligible entries received
during the Promotion Period, on or around October 20, 2021. The potential winner
will be notified by @Merkle or a Merkle representative through
the social channel used to enter and will be directed to email Sponsor and provide his/her
name, email address, and confirm his/her mailing address and date of birth within
2 days of the date notice or attempted notice is sent into order to claim the
prize. If a potential winner of any prize cannot be contacted, fails to provide the 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
the potential winner forfeits the prize or is disqualified for any reason, 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.
7. Prize: ONE (1) PRIZE: $50 Amazon.com Gift
Card, Restrictions apply, see amazon.com/gc-legal. Approximate
Retail Value (“ARV”): $50.
Amazon.com
is not a sponsor of this promotion. Except as required by law, Amazon.com Gift
Cards ("GCs") cannot be transferred for value or redeemed for cash.
GCs may be used only for purchases of eligible goods on Amazon.com or certain
of its affiliated websites. For complete terms and conditions, see
www.amazon.com/gc-legal. GCs are issued by ACI Gift Cards, Inc., a Washington
corporation. ©, ® ,™ Amazon.com Inc. and/or its
affiliates, 2016. No expiration date or service fees. Prize
is 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 for one of equal or greater
value if the designated prize should become unavailable for any reason. Winner is responsible for all taxes
and fees associated with prize receipt and/or use. Odds of winning the prize
depend on the number of eligible entries received during the Promotion Period. Prizes will be fulfilled approximately 8-10 weeks
after the conclusion of the Sweepstakes.
8. Release: By receipt of any prize, winner agrees
to release and hold harmless Sponsor, Twitter, Inc., LinkedIn Corporation and
their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize
suppliers, 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 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 or misuse of any prize.
9 Publicity:
Except where prohibited, participation in the Sweepstakes constitutes winner’s
consent to Sponsor’s and its agents’
use of winner’s name, prize information, likeness, Submission, photograph (including, without limitation, winner's Twitter or LinkedIn profile photo), voice, opinions and/or
hometown and state for promotional purposes
in any media, worldwide, without further payment or consideration.
10. 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.
11. Limitations
of Liability: The Released Parties are not responsible for: (1) any incorrect
or inaccurate information, whether caused 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; (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) late, lost, undeliverable, damaged or stolen
mail; or (6) 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 receipt or use or misuse of any prize. If for any reason an entrant's entry is
confirmed to have been erroneously
deleted, lost, not received, or otherwise destroyed or corrupted, entrant’s
sole remedy is another entry in the Sweepstakes, if it
is possible. 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 in these Official Rules 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.
12. 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.
© 2021 Merkle Inc. All rights reserved.
This promotion is in no way
sponsored, endorsed or administered by, or associated
with, Twitter, Inc. or LinkedIn Corporation.